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08-18-2020 SPECIAL SESSION AGENDAS CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. 'BOBBY"DYER,At Large 4*114 Cie VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 4 !; , JESSICA P.ABBO7T,Kempsville—District 2 . MICHAEL F.BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 , LOUIS R.JONES,Bayside—District 4 JOHN D.MOSS,At Large `+., AARON R.ROUSE,At Large e• ,,,, ■..00"' GUY K.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PATRICKA.DUHANEY PHONE:(757)385-4303 CITY A7TORNEY—MARK D.STILES FAX(757)385-5669 CITYASSESSOR—RONALDD.AGNOR CITY COUNCIL SPECIAL SESSION AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR OR—LYNDON S.REMIAS CITY CLERK—AMANDABARNES August 18, 2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer -Virginia Beach Convention Center - 3:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION III. CITY COUNCIL'S BRIEFING -Virginia Beach Convention Center-4:00 PM A. RESORT ADVISORY COMMISSION UPDATE BJ Baumann, Chair—Resort Advisory Commission IV. CITY MANAGER'S BRIEFING A. LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT Susan Layton, Chief of Planning and Policy—Norfolk District, U.S. Army Corps of Engineers V. CITY COUNCIL LIAISON REPORTS VI. CITY COUNCIL COMMENTS VII. CITY COUNCIL AGENDA REVIEW V I II. ADJOURNMENT o City of Viri.nia Beach Op OUR NANO 14. ROBERT M.`BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 BDYERI®VBGOV.COM August 13, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 18, 2020 3:00 P.M. Virginia Beach Convention Center 100019i"Street The purpose of this SPECIAL SESSION is to allow City Council to convene into a Closed Session from 3:00p.m. — 4:00 p.m. At the conclusion of the Closed Session, City Council will reconvene and certify the Closed Session, and then proceed with the regularly scheduled City Council and City Manager briefings, liaison reports, City Council comments, and agenda review, at the Virginia Beach Convention Center. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large J- rOV c�L VICE MAYOR JAMES L.WOOD,Lynnhaven—District 5 O4 " , JESSICA P.ABBOTT,Kempsville—District 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 ,41 �t ry BARBARA M.HENLEY,Princess Anne—District 7 - " `7 • LOUIS R.JONES,Bayside—District 4 o " JOHN D.MOSS,At Large +,*• •.� AARONR.ROUSE,At Large o< a„R GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Cemerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PATRICKA.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALDD.AGNOR CITY COUNCIL JOINT E-MAIL:CITYCOUNCIL(a3vbgov.com CITY AUDITOR—LYNDONS.REMIAS SPECIAL FORMAL SESSION CITY CLERK—AMANDA BARNES WITH PLANNING COMMISSION August 18,2020 MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer -Virginia Beach Convention Center - 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. MINUTES SPECIAL SESSION July 23, 2020 SPECIAL SESSION July 28, 2020 SPECIAL SESSION August 11, 2020 F. PUBLIC HEARING 1. APPROPRIATION OF SECOND DISTRIBUTION OF CARES ACT FUNDS re CORONAVIRUS RELIEF G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to CONFIRM the Declaration of a Local Emergency re Tropical Storm Isaias 2. Resolution to AUTHORIZE the Mayor, City Manager and Director of Finance to EXECUTE a CARES Act Funding Certificate on behalf of the City 3. Ordinance to AUTHORIZE the use of the CARES Act Funding and TRANSFER funds to various departments re hazard pay and volunteer recognition (Requested by City Council) 4. Ordinance to AMEND City Code Section 2-85 re leave accrual by part-time employees 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as 352 Tuna Lane at the rear of 2941 Wood Duck Drive re relocate existing boat lift, construct and maintain a bulkhead, pier, two (2) personal watercraft lifts and a boat lift 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of a City-owned drainage easement at 624 Regency Drive re construct and maintain a lighted double-sided monument sign 7. Ordinance to AMEND the Adopted FY2020-21 Capital Improvement Program (CIP) Project description and scope for CIP #9-068 Dome Site Development Acquisition re AUTHORIZE the acquisition of property by Virginia Beach Development Authority (VBDA) 8. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from the Landmark Foundation to FY2020-21 Public Health Department Operating Budget and REAUTHORIZE five (5) Grant-Funded positions re Baby Care Program b. $10,000 from Virginia Tourism Corporation to FY2020-21 Convention and Visitors Bureau Operating Budget re local advertising and marketing efforts c. $47,187 from National Parks Service Historic Preservation Fund and TRANSFER$28,312 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re survey of historical resources in the Seatack and L&J Gardens neighborhoods d. $22,500 from Virginia Department of Historic Resources and TRANSFER $22,500 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re preparation and publication of historic district design standards and review guidelines e. $201,803 of CARES Act Funding from Virginia Department of Elections to FY2020-21 Voter Registration and Elections Operating Budget re health and safety expenditures for the 2020 Presidential Election f. $1,389,918 of CARES Act Funding from U.S. Department of Housing and Urban Development and TRANSFER $1,021,040 of Community Development Block Grant funding to FY2020-21 Housing and Neighborhood Preservation Operating Budget re eviction prevention and homeless assistance for individuals and families affected by COVID-19 I. PLANNING 1. CITY OF VIRGINIA BEACH for a Special Exception for Alternative Compliance to the Form-Based Code re recurring outdoor assembly use and open-air market special events for properties located South of Interstate 264, West of Parks Avenue, and slightly East of Parks Avenue, North of 18th Street, West of Washington Avenue, North of 17th Street, and East of North Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. GREEN CLEAN SOUTH MILITARY,LLC for a Modification of Conditions re car wash facility at 820 South Military Highway (Approved November 27, 2007) DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 3. WILLIAM MARK CONBOY/CONBOY CONSTRUCTION for a Conditional Use Permit re commercial kennel for 3285 Indian Creek Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. HARRIS TEETER PROPERTIES,INC./BRENNEMAN FARM RETAIL ASSOCIATES,LLC for a Conditional Use Permit re automobile service station at 4540 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. MICHAEL JAMES FITZGIBBON for a Conditional Use Permit re short term rental at 2222 East Berrie Circle DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 2541 Seaview Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. CASEY KRUEMCKE for a Conditional Use Permit re short term rental at 133 Ackiss Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. 3D BUILDER INVESTMENTS,LLC for a Conditional Use Permit re short term rental at 421 21 St Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. JOHN & KRISTEN LOVERING for a Conditional Use Permit re short term rental at 1718 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. THALIA ROAD PARTNERS, LLC/WAYSIDE VILLAGE SHOPPES, LLC & WILLIS REALTY CORPORATION for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed-Use District re redevelop site with three (3) new buildings for multi-family dwelling units and commercial use at 4216 & 4220 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN THIS ITEM HAS BEEN WITHDRAWN BY APPLICANT J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION & VISITORS BUREAU COMMUNITY TASK FORCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes *********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ***************************** The Agenda(including all backup documents)Is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your reauest to nmctraw<mrbt ov.com or call 385-4303. - City of Virginia Beach 99�s OF OUR NW 0�v VBgov.coin ROBERT M.'BOBBY'DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 BDYEROVBGOV.COM August 13, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, and with the consent of the Planning Commission Chair, I hereby call for a JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING COMMISSION Tuesday,August 18, 2020 6:00 P.M. Virginia Beach Convention Center 100019th Street The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the Planning Commission to hear planning items concurrently which is necessary in light of a prior advertising error. The City Council will consider the Ordinances and Resolutions listed on the printed agenda, then immediately following,the City Council and the Planning Commission will proceed with the Public Hearing and consider planning items listed on the printed agenda. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ebfb7d17b5a0032325f5ee69376c2cf8f •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on August 18, 2020 This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CityCouncilAvbgov.com. Sincerely, Robert M. Dyer Mayor Cc: Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer -Virginia Beach Convention Center-3:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION III. CITY COUNCIL'S BRIEFING - Virginia Beach Convention Center-4:00 PM A. RESORT ADVISORY COMMISSION UPDATE BJ Baumann, Chair—Resort Advisory Commission IV. CITY MANAGER'S BRIEFING A. LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT Susan Layton, Chief of Planning and Policy—Norfolk District, U.S. Army Corps of Engineers V. CITY COUNCIL LIAISON REPORTS VI. CITY COUNCIL COMMENTS VII. CITY COUNCIL AGENDA REVIEW VIII. ADJOURNMENT MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer -Virginia Beach Convention Center- 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. MINUTES SPECIAL SESSION July 23, 2020 SPECIAL SESSION July 28, 2020 SPECIAL SESSION August 11,2020 F. PUBLIC HEARING 1. APPROPRIATION OF SECOND DISTRIBUTION OF CARES ACT FUNDS re CORONAVIRUS RELIEF • 4, , . . . 1, .s.„,._ li „...„......„.,,:le i:.1..,,.,„....„. PUBLIC HEARING Appropriation of Second Distribution of CARES Act Coronavirus Relief Funds On Tuesday, August 18, 2020, at 6:00 p.m. at the Virginia Beach Convention Center,1000 19th Street Virginia Beach, VA 23451,the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to its Operating Budget that exceeds 1%. This amendment is to appropriate a second distribution received by the City from the CARES Act's Coronavirus Relief Fund in the amount of an additional$39,258,497.The proposed use of funds will include reimbursement and future costs related to public health and medical expenses,implementation of safety measures,salary reimbursements, and for expanded efforts of local economic support. Detailed information as to the use of CARES Act funds can be found on the City's website at httos://www.vb8ov.com/government/dep artmentes/defaul Cares- $Cl/PaAeS/tlefa U lt.a 5Dx If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at: httos://vbeov.webex.com/vbgov/onstage /e.oho?M TI Ds ebfb 7d 17 b5a0032325f5e 069376c2cf8f • Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m.on August 18,2020 If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon,Sunday,August 9,2020 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to CONFIRM the Declaration of a Local Emergency re Tropical Storm Isaias 2. Resolution to AUTHORIZE the Mayor, City Manager and Director of Finance to EXECUTE a CARES Act Funding Certificate on behalf of the City 3. Ordinance to AUTHORIZE the use of the CARES Act Funding and TRANSFER funds to various departments re hazard pay and volunteer recognition (Requested by City Council) 4. Ordinance to AMEND City Code Section 2-85 re leave accrual by part-time employees 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as 352 Tuna Lane at the rear of 2941 Wood Duck Drive re relocate existing boat lift, construct and maintain a bulkhead, pier, two (2) personal watercraft lifts and a boat lift 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of a City-owned drainage easement at 624 Regency Drive re construct and maintain a lighted double-sided monument sign 7. Ordinance to AMEND the Adopted FY2020-21 Capital Improvement Program (CIP) Project description and scope for CIP #9-068 Dome Site Development Acquisition re AUTHORIZE the acquisition of property by Virginia Beach Development Authority (VBDA) 8. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from the Landmark Foundation to FY2020-21 Public Health Department Operating Budget and REAUTHORIZE five (5) Grant-Funded positions re Baby Care Program b. $10,000 from Virginia Tourism Corporation to FY2020-21 Convention and Visitors Bureau Operating Budget re local advertising and marketing efforts c. $47,187 from National Parks Service Historic Preservation Fund and TRANSFER$28,312 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re survey of historical resources in the Seatack and L&J Gardens neighborhoods d. $22,500 from Virginia Department of Historic Resources and TRANSFER $22,500 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re preparation and publication of historic district design standards and review guidelines e. $201,803 of CARES Act Funding from Virginia Department of Elections to FY2020-21 Voter Registration and Elections Operating Budget re health and safety expenditures for the 2020 Presidential Election f. $1,389,918 of CARES Act Funding from U.S. Department of Housing and Urban Development and TRANSFER $1,021,040 of Community Development Block Grant funding to FY2020-21 Housing and Neighborhood Preservation Operating Budget re eviction prevention and homeless assistance for individuals and families affected by COVID-19 ,, rt�� i, 2��r „,s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to Tropical Storm Isaias MEETING DATE: August 18, 2020 • Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On August 3, 2020, effective at 6:00 p.m., the City Manager issued a declaration of local emergency in response to the potential damage caused by Tropical Storm Isaias. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of Tropical Storm Isaias. The declaration of emergency concluded on August 5, 2020 at 8:00 a.m. • Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency at its next regularly scheduled meeting. The attached ordinance confirms the declaration and ends it, effective August 5, 2020 at 8:00 a.m. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval iiv City Manager: rfiv 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO TROPICAL STORM ISAIAS 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; and 13 14 WHEREAS, in response to the imminent threat of damage caused by Tropical 15 Storm Isaias, the City Manager, as the Director of Emergency Management, issued a 16 Declaration of Local Emergency on August 3, 2020, effective at 6:00 p.m.; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 22 the Declaration of Local Emergency issued by the City Manager on August 3, 2020, a 23 copy of which is attached hereto and incorporated by reference, and hereby ends the 24 declared emergency, effective August 5, 2020 at 8:00 a.m. Adopted by the Council of the City of Virginia Beach on the day of , 2020 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 fr -.._ 7\ City Manager's Office City Attorney's Office CA15134 R-1 August 7, 2020 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as Director of Emergency Management for the City of Virginia Beach, find the imminent threat of severe wind, heavy rain and flooding forecasted and the very real possibility of power outages, along with the loss or interruption of vital City services posed by Tropical Storm Isaias to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning August 3, 2020 at 1800 hours. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules, regulations,and plans as may be necessary to adequately and appropriately respond to said Local Emergency. q-Z- - Patrick A. Duhaney, City Manager& Director of Emergency Management a4t S 2c ID (Date) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Ratify the Action of the Mayor, City Manager, and Director of Finance in the Execution of a CARES Act Funding Certificate on Behalf of the City MEETING DATE: August 18, 2020 • Background: The City received notice from the Commonwealth that there is a second and final round of allocation to localities of CARES Act funding. This round provides $39,258,497. As was required in the first round, the Commonwealth requires a certificate to be executed on behalf of the City by its chief financial officer (Director of Finance), chief administrative officer (City Manager), and chief elected officer (Mayor). The requirements for use of such funds are that the costs: (i) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; (ii) were not accounted for in the budget most recently approved as of March 27, 2020; and (iii) were incurred during the period that begins on March 1 , 2020 and ends on December 30, 2020. The CARES Act funds may not be used to cover revenue shortfalls. The Commonwealth required the certificate to be submitted by August 10, but the previously scheduled City Council meeting on August 4th was cancelled because of Tropical Storm Isaias. Because the certificate is substantially the same as the previous certificate for CARES Act funding, the Mayor, the City Manager, and the Director of Finance executed the certificate prior to the Commonwealth's deadline, so this ratification is necessary to confirm the actions of these officers on behalf of the City. • Considerations: The attached resolution ratifies the execution of the certificate by the Mayor, the City Manager, and the Director of Finance. The resolution also authorizes the City Manager to complete any required survey, which was noted without substantive detail in the Memorandum from the Secretary of Finance. The resolution further directs the City Manager to prepare a detailed plan for the expenditure of such funds within 30 days of adoption. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Resolution, July 28, 2020 Memorandum from Secretary of Finance; Certificate Recommended Action: Approval Submitting Department/Agency: Office of the City Manager City Manager: 1 A RESOLUTION TO RATIFY THE ACTION OF THE 2 MAYOR, CITY MANAGER, AND DIRECTOR OF 3 FINANCE IN THE EXECUTION OF A CARES ACT 4 FUNDING CERTIFICATE ON BEHALF OF THE 5 CITY 6 7 WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 8 2020 provides funding for a number of different programs to address the COVID-19 9 pandemic; 10 11 WHEREAS, the Commonwealth of Virginia has provided a second round of 12 CARES Act funding to localities, and the City's portion is $39,258,497; 13 14 WHEREAS, the requirements for use of such funds are that the costs: (i) are 15 necessary expenditures incurred due to the public health emergency with respect to 16 COVID-19; (ii) were not accounted for in the budget most recently approved as of March 17 27, 2020; and (iii) were incurred during the period that begins on March 1 , 2020 and ends 18 on December 30, 2020; 19 20 WHEREAS, the CARES Act funds may not be used to cover revenue shortfalls; 21 22 WHEREAS, the Commonwealth requires the City to execute a certificate prior to 23 the receipt of such funds, and a copy of the certificate is attached hereto as Exhibit A; 24 25 WHEREAS, the Commonwealth required the certificate to be submitted by August 26 10, but the previously scheduled City Council meeting on August 4th was cancelled 27 because of Tropical Storm Isaias; 28 29 WHEREAS, this certificate is substantially the same as the previous certificate for 30 CARES Act funding which was executed on May 19, 2020 following the City Council's 31 adoption of a resolution on the same day authorizing execution; 32 33 WHEREAS, due to the Commonwealth's deadline, the Tropical Storm cancelation, 34 and the similarity of certificates, the Mayor, the City Manager, and the Director of Finance 35 executed the certificate on August 3rd, and this ratification is necessary to confirm the 36 actions of these officers on behalf of the City. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA, THAT: 40 41 The execution of the second certificate for CARES Act funding by the Mayor, City 42 Manager, and the Director of Finance is hereby ratified by the City Council. As required 43 by the previous authorization, the City Manager or designee shall comply with all 44 expenditure, reporting, and audit requirements set forth in the certificate. The City 45 Manager shall also complete the survey or similar requirement for the disbursal of CARES 46 Act funding required by the Commonwealth. 47 48 The City Manager is further directed to provide to the City Council a detailed plan 49 for the expenditure of such funds within 30 days of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services m Office CA15132 R-2 August 5, 2020 te \`ptR :/ COMMONWEALTH of VIRGINIA Aubrey L. Layne,Jr., MBA,CPA P.O.Box 1475 Secretary of Finance Richmond,Virginia 23218 July 28,2020 To: County and City Elected Officials Delivered Via: Chief Executive Officer,Manager, or Administrator From: Aubrey L. Layne,Jr. Secretary of Finance Subject: Second and Final Allocation of Federal Coronavirus Relief Funds Overview On May 12,2020, I advised you of Governor Northam's decision to provide the first round of allocations to local governments from the federal Coronavirus Relief Fund(CRF)authorized pursuant to the federal Coronavirus Aid, Relief and Economic Security Act(CARES Act). On June 1,2020,each locality received its share of the first half,or fifty(50)percent,of the locally-based allocations(not including Fairfax County that received its funds directly). While the federal CARES Act does not require that states distribute funding to local governments with populations less than 500,000 residents,the Governor recognizes that localities continue to experience the same COVID-19 related expenses as the Commonwealth. Therefore, the Governor recently announced the second and fmal round to allocate the remaining fifty(50)percent of the locally-based allocations from the CRF to local governments.When completed,the state will have distributed 100 percent of the local allocations the Commonwealth received under the CARES Act providing a total of$1.3 billion for local governments. Just like the first round,the second round will be based on population. Consequently,the second round of allocations will be for the same amount that you received in the first round on June 1,2020. In order to receive the second allocation,localities are required to submit a new certification form and complete an online survey regarding the use of the CRF funds. As soon as these two documents are fully completed and submitted,the Department of Accounts will initiate the transfer of funds to the local Treasurer. Localities may expect to receive the transfer by the state Comptroller within five business days following confirmation of receipt of these completed documents. County and City Elected Officials and Administrators July 28, 2020 Page 2 Guidance It is extremely important for you to know that all of the same conditions that existed for the first round of CRF allocations continue for the second round of allocations. To that end, I encourage you to refer to my May 12, 2020, memorandum and to the federal guidance and frequently asked questions located at: https://home.treasury.gov/policy-issues/cares/state-and-local-governments This information is routinely updated and has been revised several times since my May 12, 2020, memorandum. Compliance with the federal guidance is your responsibility and failure to do so could result in disallowed expenses requiring you to repay the associated funds to the federal government. As stated previously, if you fail to repay any funds spent for nonqualifying expenses as required by the federal government,the state Comptroller will recover such amounts from future state payments to your locality via the State Aid Intercept Program. In addition to the revised federal guidance, on July 2, 2020,the U.S. Treasury's Office of the Inspector General issued information related to reporting and audit requirements that had not been published at the time of my original communication to you. Information regarding the audit and reporting requirements can be found at the same link provided above. Further, the State Comptroller's office has subrecipient monitoring responsibilities that will necessitate evaluation and additional correspondence with localities regarding the use of funds. As a reminder,the overarching federal guidance states that these funds must be used for qualifying expenses of state and local governments. Specifically, the CARES Act provides that payments from the CRF only may be used to cover costs that: 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. The federal guidance continues to state that the CRF funds can be used only for the direct costs associated with the response to the COVID-19 pandemic and cannot be used to address revenue shortfalls. State and local government officials have requested that this restriction be lifted or that additional federal funds be provided to address the loss of state and local revenue. To date, no action has been taken by Congress to allow that flexibility or to provide funding for that purpose. CRF funds should be considered "one time" monies and should not be used for ongoing services and/or base operations. Because the funds must be expended by December 30, localities are advised not to create services with expenses beyond that period. Any expenses beyond December 30, 2020,must be paid entirely by the locality from local funds. County and City Elected Officials and Administrators July 28, 2020 Page 3 Allocation of CRF Funds to Localities The remaining fifty(50)percent of the locally-based allocations will be distributed to counties and cities by the Department of Accounts(DOA) after receipt from the locality of a new, signed certification form and after completion of a survey on the locality's actual and planned uses of the CRF funds. This distribution will be made to the local treasurer in the same manner that the first round of funds were distributed within five business days following receipt of the completed documents. Each locality's allocation will be based on the proportion that the locality's population represents of the statewide total population. Appendix A reflects the population used by U.S. Treasury to allocate CRF funds to the states. This population data is the basis for determining the allocations to each locality. This table also reflects each locality's share of the remaining distribution based on the population data displayed. Please note that the population data for each county includes the populations of the towns within its borders. Consequently, the allocation indicated for each county includes any allocations based on residents that live in the towns located within that county. Requirements: Survey on the Use of Funds and Certifications General The amounts listed in Appendix A reflect the funds that will be transferred to each locality after: 1. completion of an online survey located at: (NOTE: the link to this survey will be provided by separate communication later this week), and 2. receipt of a certification form(Appendix D) from the locality signed by the chief executive officer, the chief financial officer(Treasurer), and the chief elected officer. Before signing the certification, I recommend that you read and understand the federal guidance and the frequently asked questions contained in Appendix B and Appendix C,respectively. The most recent information on this guidance and the frequently asked questions can be obtained at: https://home.treasurv.gov/policy-issues/cares/state-and-local-governments Please note that the certification statement includes an acknowledgment that you may be required to return funds to the federal government if it is determined that those funds were spent for purposes that do not qualify. Since these funds are being provided to you "up front" rather than on a reimbursement basis, it is important for you to understand that the burden of ensuring that all CRF funds are spent for qualifying purposes falls to the local government. You are responsible for maintaining all necessary documentation to ensure compliance with the federal requirements. The State Comptroller is responsible for all subrecipient monitoring and may require additional information in the future from each locality to address that responsibility. If the federal government determines that you have used CRF funds for purposes that do not qualify, you must return those funds to the state promptly so that they may be returned to the federal government. As a condition of receiving CRF funds, you are agreeing that the state can use state aid intercept to recover any funds necessary for expenses that were not for a qualifying purpose or that were unexpended as of December 30, 2020. County and City Elected Officials and Administrators July 28, 2020 Page 4 For Counties Only As previously stated, the population data for each county includes the populations of the towns within its borders. Consequently, the allocation indicated for each county includes any allocations based on residents that live in the towns located within that county. Counties must ensure that an equitable share of the CRF funds it receives are shared with and granted to each town within its jurisdiction. Just as with the funds retained by the county,the funds granted to towns must be spent in accordance with the same requirements and the same documentation must be retained for audit purposes. The county issuing the grant is responsible for the ensuring compliance with each town's documentation requirements and must ensure that the use of the funds meets the requirements set forth by the federal government. Completion of Survey The Commonwealth has partnered with Accenture to create a survey to collect data on how each locality has used or plans to use its allocation of CRF funds. The survey instrument,which must be completed online, will be made available later this week by separate communication. This communication will include instructions regarding access to and completion of the survey. For questions about completion of the survey,please contact Jason Saunders, General Government Coordinator, Department of Planning and Budget, at jason.saunders@dpb.virginia.gov. We are requesting that this survey be completed no later than 5:00pm,Monday,August 10,2020, so that we may provide a report on the use of the CRF by locality to the General Assembly when it convenes for a special session beginning on August 18, 2020. For surveys that are not received by this due date,this report will reflect that the survey results were not received from that locality by the requested due date. More importantly, the survey must be completed, along with submission of the certification form, in order to receive the second distribution of CRF funds. Submission of Certification The certification in Appendix D contains more specific details on the responsibilities of the local governing body. A fillable .pdf form can be downloaded from the Secretary of Finance's Website under"Recent News" at: http://finance.virginia.gov/ The signed certification form should be submitted no later than August 10, 2020, to the Department of Accounts in electronic or hard copy form: By Email to: GACCTADOA.Virginia.gov By US Mail to: Department of Accounts Attention: Local CRF Certification PO Box 1971 Richmond, VA 23218-1971 If you have any questions regarding the appropriate use of CRF funds,please refer to the U.S. Treasury Website and guidance. For questions about this process, you may contact my office at (804) 786-1148. If you have technical questions about the certification form or the distribution of County and City Elected Officials and Administrators July 28, 2020 Page 5 the funds,please contact Melinda Pearson, Director, General Accounting, Department of Accounts, at melinda.pearson@doa.virginia.gov or by phone at 804-225-2376. CERTIFICATION for RECEIPT of CORONAVIRUS RELIEF FUND PAYMENTS by City of Virginia Beach We the undersigned represent City of Virginia Beach (the locality), and we certify that: 1. we have the authority to request direct payment on behalf of the locality from the Commonwealth of Virginia of revenues from the Coronavirus Relief Fund(CRF)pursuant to section 601(b) of the Social Security Act,as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act,Pub. L.No. 116-136,div. A,Title V(Mar. 27,2020). 2. we understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the locality. 3. the locality's proposed uses of the funds received_as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27,2020, for the locality; and c. were incurred during the period that begins on March 1,2020, and ends on December 30, 2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020,by the locality or its grantee(s),must be returned to Commonwealth of Virginia no later than December 30,2020, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30,2020. 5. we understand that the locality will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 6. funds received as a direct payment from the Commonwealth of Virginia pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 7. any CRF funds expended by the locality or its grantee(s) in any manner that does not adhere to official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 8. as a condition of receiving the CRF funds pursuant to this certification,the locality shall retain documentation of all uses of the funds, including but not limited to payroll time records,invoices, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 9. the locality must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the locality has received funds from any other emergency COVID-19 supplemental funding(whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute,regulation,or guideline. For counties only 12. an equitable share of CRF funds received pursuant to this certification shall be shared with and granted to each town within its jurisdiction. Such grant(s)shall be used solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19), that were not accounted for in the budget most recently approved as of March 27,2020, and that were incurred during the period that begins on March 1,2020, and ends on December 30, 2020. The county issuing the grant is responsible for the ensuring compliance with the documentation requirements required by this certification and shall ensure that the use of the funds meets the requirements set forth in this certification. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By: By: Robert M. "Bobby" Dyer Patrick A. Duhaney Alice M. Kelly Signature: Signature: Signature: CA". a _ Title: Title: Title: Mayor of Virginia Beach City Manager Director of Finance Date: Date: Date: .? •-'4A Aa yy� „ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Use of CARES Act Funding to Provide Hazard Pay and Volunteer Recognition and to Transfer Funds to Various Departments MEETING DATE: August 18, 2020 ■ Background: The Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 provides funding for several different programs to address the COVID-19 pandemic. On July 7, 2020, City Council appropriated $39.3 million in CARES Act Funding to the City's Operating Budget. Included within this appropriation, is a $10 million reserve that was set aside for future expenditures as deemed appropriate by City Council. Included within the guidelines of allowable expenditures under the CARES Act is hazard pay for employees that provide substantial in-person services that increases risk of exposure to COVID-19. These positions either perform services to mitigate or respond to the COVID-19 public health emergency, work directly with patients/clients to provide services such as physical and mental health services, or work directly with clients to provide federal and state benefits, and/or protective services, such as child protective services. Eligible employees work in a face-to-face capacity to provide services and are not working remotely/teleworking. In addition, many of the employees identified for hazard pay did not receive the 12 weeks of childcare leave mandated for other employees by the Families First Coronavirus Response Act. The hazard-pay-eligible employees were only allowed up to two weeks of Public Health Emergency Leave due to the nature of their positions. City staff has identified approximately 2,273 employees within public safety departments, the Department of Health, and the Department of Human Services that satisfy the hazard pay criteria. The total amount of hazard pay for these positions would be no more than $4,521,300. The employees identified in Health and Human Services departments are based on initial estimates of qualified positions provided by the departments and are subject to change after further reviews to ensure compliance with the CARES Act. Eligible sworn public safety officials will be given between $1,000 and $2,000 in hazard pay depending on rank, and those in Health and Human Services will be given $1,500. This payment will be given in a lump sum amount in either August or September. The estimated number of positions from each department and hazard pay amount can be found on the attachment document (Exhibit A). Funding for these payments will be supported by a transfer in the amount needed to each department from the $10 million reserve established by the Council. In addition to City staff, the City Council wishes to recognize the efforts of the volunteer emergency medical services. These volunteers have faced similar risks in their duties, and $60,000 in funding is being made available for volunteer recognition activities through the Volunteer Rescue Squads to be coordinated by the Office of Volunteer Resources and/or the Department of Emergency Medical Services. This funding will also come from the $10 million reserve established by Council. This item was originally scheduled for the August 4, 2020 City Council meeting, but due to Tropical Storm Isaias, that meeting was cancelled. ■ Considerations: Exhibit A provides approximate amounts of funds to be transferred to each department; however, if further review of the duties of the positions deems the position would not be eligible for CARES Act funding, such funds may be retained within the CARES Act reserve for future use as determined by the City Council. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Attachments: Ordinance, Exhibit A REQUESTED BY CITY COUNCIL and $60,000 in funding is being made available for volunteer recognition activities through the Volunteer Rescue Squads to be coordinated by the Office of Volunteer Resources and/or the Department of Emergency Medical Services. This funding will also come from the $10 million reserve established by Council. This item was originally scheduled for the August 4, 2020 City Council meeting, but due to Tropical Storm Isaias, that meeting was cancelled. • Considerations: Exhibit A provides approximate amounts of funds to be transferred to each department; however, if further review of the duties of the positions deems the position would not be eligible for CARES Act funding, such funds may be retained within the CARES Act reserve for future use as determined by the City Council. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance, Exhibit A REQUESTED BY CITY COUNCIL REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AUTHORIZE THE USE OF 2 CARES ACT FUNDING TO PROVIDE HAZARD 3 PAY AND VOLUNTEER RECOGNITION AND TO 4 TRANSFER FUNDS TO VARIOUS 5 DEPARTMENTS 6 7 WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 8 2020 provides funding for a number of different programs to address the COVID-19 9 pandemic; 10 11 WHEREAS, the CARES Act allows hazard pay ("Hazard Pay") for employees that 12 provide substantial in-person services that increases the risk of exposure to COVID-19, 13 with the attached Exhibit A providing the approximate amounts and applicable positions; 14 15 WHEREAS, the City's volunteers providing emergency medical services have 16 faced similar risks as that of the City employees who are eligible for Hazard Pay, and 17 consistent with their status as volunteers, the City Council desires to authorize funding 18 for volunteer recognition activities either directly through the Department of Emergency 19 Medical Services and the Office of Volunteer Resources or provided to the volunteer 20 rescue squads that provide services to the residents of the City ("Volunteer Recognition"); 21 22 WHEREAS, the City Council reserved use of $10 million of CARES Act funding 23 when the Council appropriated $39.3 million on July 7, 2020; and 24 25 WHEREAS, the City Council desires to use a portion of this reserved CARES Act 26 funding to provide Hazard Pay to those employees eligible for such pay by the CARES 27 Act and to provide funding for Volunteer Recognition; 28 29 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Council hereby authorizes, from the $10,000,000 of CARES Act funds 33 previously reserved, the use of an amount up to $4,521,300 for Hazard Pay and $60,000 34 for Volunteer Recognition. For those amounts authorized for Hazard Pay, the 35 incorporated Exhibit A provides approximate amounts of funds to be transferred to each 36 department; provided if the review of the noted position provides that such position would 37 not be eligible for CARES Act funding, such funds may be retained within the reservation 38 of CARES Act funding for future action by the City Council. Of the amounts set forth for 39 Volunteer Recognition, the City Manager is authorized to make funds available to the 40 volunteer rescue squads for recognition activities. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROV D AS TO LEGAL SUFFICIENCY: City-Attorney's Office CA15123 R-7 July 28, 2020 Exhibit A Hazard Pay Hazard Pay FICA/ Position Filled Amount Total Medicare Total Departmental Total Police _ Police Recruit 46 2,000 92,000 7,038 99,038 Police Officer I 168 2,000 336,000 25,704 361,704 Police Officer II 92 2,000 184,000 14,076 198,076 Master Police Officer 354 2,000 708,000 54,162 762,162 Sergeant 94 2,000 188,000 14,382 202,382 Lieutenant 26 1,000 26,000 1,989 27,989 Police Captain 12 - - - - Police Deputy Chief 3 - - - - Chief 1 - - - - 1,651,351 Fire Department Firefighter Recruit 1 2,000 2,000 153 2,153 Firefighter 118 2,000 236,000 18,054 254,054 Firefighter Medic 16 2,000 32,000 2,448 34,448 Master Firefighter 157 2,000 314,000 24,021 338,021 Master Firefighter Medic 55 2,000 110,000 8,415 118,415 Fire Captain 102 2,000 204,000 15,606 219,606 Battalion Chief 25 1,000 25,000 1,913 26,913 District Chief 6 - - - - Deputy Chief 2 - - - - Chief - - - - - 993,610 Emergency Medical Services Paramedic 30 2,000 60,000 4,590 64,590 Senior Paramedic 16 2,000 32,000 2,448 34,448 EMS Captain 11 2,000 22,000 1,683 23,683 EMS Brigade Officer 6 1,000 6,000 459 6,459 EMS Division Officer 4 - - - EMS Deputy Chief 2 - - - - Chief 1 - - - - 129,180 Sheriffs Office Deputy Recruit 32 2,000 64,000 4,896 68,896 Deputy I 122 2,000 244,000 18,666 262,666 Deputy II 35 2,000 70,000 5,355 75,355 Master Deputy 123 2,000 246,000 18,819 264,819 Corporal 35 2,000 70,000 5,355 75,355 Sergeant 43 2,000 86,000 6,579 92.579 Lieutenant 12 1,000 12,000 918 12,918 Captain 8 - - - Chief Deputy 3 - - - - Sheriff 1 - - - - 852,588 Human Services/Department of Health/Other Health Department 6 1,500 9,000 689 9,689 HS Positions Interacting w/Public TBD 548 1,500 822,000 62,883 884,883 894,572 Total CARES Act Eligible-Vice Mayor Wood Recommendation from July 21st Council Meeting 4,521,300 N r.,,,t ), f 1� lL. _�M,. •' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-85 of the City Code Regarding Accrual of Leave by Part-Time Employees MEETING DATE: August 18, 2020 • Background: Section 2-85(b) of the City Code provides for leave accrual for part-time employees. In the FY2021 Budget Package, the City Council adopted a series of ordinances and resolutions, and one item included an amendment of Section 2-85(b) to increase part-time leave accrual from 48 hours to 54 hours. This document was inadvertently formatted as a resolution when it should have been an ordinance. There was another portion of the resolution in the Budget Package that amended Section 2-85(b), which concerned the paid time off (PTO) accrual for hybrid employees. That policy update did not require an ordinance, and it has been implemented in accordance with the intent of Council. This item was originally scheduled for the August 4, 2020 City Council meeting, but due to Tropical Storm Isaias, that meeting was cancelled. • Considerations: The operative content of the attached ordinance is identical to the content approved by the City Council on May 12, 2020, except that it is titled as an ordinance and includes the phrase "be it ordained." This action is necessary to effectively enact the intent of City Council to increase the part-time leave accrual limit from 48 hours to 54 hours. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney's Office City Manager: py 1 AN ORDINANCE TO AMEND SECTION 2-85 OF 2 THE CITY CODE REGARDING ACCRUAL OF 3 LEAVE BY PART-TIME EMPLOYEES 4 5 WHEREAS, Section 2-85(b) of the City Code provides for leave accrual for part- 6 time employees; 7 8 WHEREAS, the FY2021 Budget Package included an item that amended Section 9 2-85(b) to increase part-time leave accrual from 48 hours to 54 hours, and this document 10 was inadvertently formatted as a resolution when it should have been an ordinance: 11 12 WHEREAS, the operative language of this ordinance is identical to the content 13 approved by City Council on May 12, 2020, except that it is titled as an ordinance and 14 includes the phrase "be it ordained;" 15 16 WHEREAS, this action is necessary to effectively enact the intent of City Council 17 in the adoption of the resolution in the FY2021 Budget Package. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 Section 2-85(b) of the City Code is hereby amended and reordained to read as 23 follows: 24 25 Sec. 2-85. — Same — Taking not required; limitations on accumulation. 26 27 .... 28 29 (b) Part-time employees hired on or after July 1, 1996, shall not be allowed to carry more 30 than forty-eight-(48-)fifty-four (54) hours of accumulated personal leave from one calendar 31 year to the next, nor shall part-time employees receive any monetary payout upon 32 termination of employment for their accumulated personal leave. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: r ey's O ice CA15114 R-2 July 21, 2020 45144, if CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as 352 Tuna Lane, located at the rear of 2941 Wood Duck Drive MEETING DATE: August 18, 2020 • Background: Jane C. Tarsovich requested permission to encroach into a portion of City property to relocate an existing boat lift, and to construct and maintain a proposed bulkhead, pier, two personal water craft (pwc) lifts, and a boat lift (collectively, the "Encroachments") adjacent to her property located at 2941 Wood Duck Drive. The Encroachments would extend 22.6' into the City's property known as Mill Lake at 352 Tuna Lane. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City's property which is where Ms. Tarsovich has requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: I, ;�;' Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS 352 TUNA LANE LOCATED AT THE REAR OF 2941 WOOD DUCK DRIVE WHEREAS, Jane C. Tarsovich requests to relocate an existing boat lift, and to construct and maintain a proposed bulkhead, pier, two personal water craft (pwc) lifts, and a boat lift within a portion of the City's property, known as Mill Lake at 352 Tuna Lane, located at the rear of 2941 Wood Duck Drive. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jane C. Tarsovich, her heirs, assigns and successors in title are authorized to relocate, construct and maintain a temporary encroachment for a proposed bulkhead, pier, two personal water craft(pwc) lifts, and a boat lift in the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 (M.B. 103, PG. 25) FOR JANE C. TARSOVICH DATE: MAY 29, 2020 GPIN: 2433-23-6677 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456," a copy of which is attached hereto as Exhibit A, and on file in the Department of Public Works and to which reference is made for a more particular description; BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Jane C. Tarsovich (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Jane C. Tarsovich and the City Manager or his authorized designee execute the Agreement. i Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. CA-14866 R-1 PREPARED: 07/20/20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ,t PUBLIC WORK , REAL ESTATE y DAN . HA MEYER 1" SENIOR CITY ATTORNEY 2 PARCEL B MILL LAKE 7, N/F UNITED STATES OF AMERICA fEBe 45. GP1N:24331254030000 FLOOD D.B. 3216, PG. 211 13.7 p ARCEL A CH cn 24' 4°'ioviall, _,�� F CITY OF VIR3 �5p0007.--......,„_,...,,,._ - N/ 24332 g4t000 6�: }__!_GPIN:00j0625p00125' �' �, — i. INS7: _ __ � ( I N-2 �W � - - RELOCATE EXISTING �'•'• PROPOSED BULKHEAD BOAT LIFT AND 2-PWLS ` .I ,/ PIER, PWC LIFTS, AND RfF. M BOAT LIFT • 6 703 �� •'� t . 1 ! o PG. LOT LOT110 ' Z ' N/F JANE C. TARSOVICH z d ' ` ' GPIN:2433-23-6677 I o S INST:20070509000633010 / o \. z �• \\\' I co? i \\\\) I 93 Ro ? _ I ( fit',,,r- I- �C.,a O r AND O prvR' -+ 2STY. FR. _ v�� o #2941 / IA., �� G�W�7 � 3 I r ov = �oz o — i o 0)o ? "' Or ^ ., c_.r I ^ p-0 • CV f ' Rj 2. rn m r 5' DRAINAGE I r �•ry> AND UTILITIES---] c_ '' ,/ EASEMENT GREGORY 0.MILSTEAD • •• l S4s 57, RUDD y 45. TO Lie. No. 047323 p) .. , , SC 0 )• R=550.00' / ENT ;, 4;011(.. (1C07 4fi • 4s9 0/VAL E4\ WOOD DUCK DRIV __---- _ E (50' R/W) MATERIALS SPECIFICATIONS: 0 30' 60 PILING: C.C.A. 2.5 PCF IIIIIIIIIIIIIIIIIMIMIIMIIINIIIIIIIIIIIIIIIMIIIIMIIII HEADERS AND JOISTS: C.C.A. 0.6 PCF SCALE: 1"=30' (ALL WOOD TO BE GRADE 2 OR BETTER) DECKING: C.C.A. 0.4 PCF HARDWARE: H.D. GALVANIZED ASTM-A153. EXHIBIT A ENCROACHMENT REQUEST FOR A "T'7T-''! WATERFRONT BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT CONSULTING, INC SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 2589 QUALITY COURT,STE 323 FOR (M.B. 103, PG. 25) VIRGINIA BEACH.VA 23454 PH/FAX (757)425-8244 CELL (757)619-7302 JANE C. TARSOVICH ENGINEERING SERVICES PROVIDED BY: DATE: MAY 29, 2020 GPIN: 2433-23-6677 CHESAPEAKE BAY SITE SOLUTIONS,INC. P.O.BOX 6663 VIRGINIA BEACH,VA 23456 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 PHONE:(757)575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this f irM day of 4U6-113"r , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JANE C. TARSOVICH, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "110" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1B SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", dated July 5, 1968, having a scale of 1" = 100', and prepared by Palmer L Smith, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 25, and being further designated, known, and described as 2941 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to relocate an existing boat lift, construct and maintain a proposed bulkhead, pier, two personal water craft (pwc) lifts, and a boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Mill Lake at 352 Tuna Lane, the "Encroachment Area"; and GPIN's: 2433-27-3415 (352 Tuna Lane - CITY PROPERTY) 2433-23-6677 (2941 WOOD DUCK DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 (M.B. 103, PG. 25) FOR JANE C. TARSOVICH DATE MAY 29, 2020 GPIN: 2433-23- 6677 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JANE C. TARSOVICH, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 • 4!ARC SOVICH, Owner STATE OF 0I (1 CITY/COUNTY OF The foregoing instrument was acknowledged before me this I I day of Au(‹ , 2020, by JANE C. TARSOVICH. EAL) of u Notary Registration Number: 02 a—O � oNos My Expires: // -3 0 -c-/ ` �ti?J�� 2 �� Commission =�:Q am .� o>c • COIVite APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE R. ARMEYE SENIOR CITY ATTORNEY DEPAR MENT 7 PARCEL B MILL LAKE N/F UNITED STATES OF AMERICA all—EBB 0.7 GPIN:24331254030000 FLOOD D.B. 3216, PG. 211 __ -_ — °'- j 13 7, A 2 40' P R�RGINIA BEACH :\i„,..v).. . - �� //N/F CITY �332734150p0�30 �ogg' - _ GPIN:Op70625p0p848 125, ..�, _ �j �, INst: 2 1L ,� N� � : ' RELOCATE EXISTING N ; PROPOSED BULKHEAD BOAT LIFT AND 2-PWLS PIER, PWC LIFTS, AND , 1 REfi M. .., ' ' BOAT LIFT I 7O3 • pc, .2.5 ' ' _ ` w LOT 110 i 1 E Tr N/F JANE C. TARSOV1CH I z Z a GPIN:2433-23-6677 I b -71 ►NST:20070509000633010 I ,° z \\�� z Uzi \'\ N\I\ 1 R' A? r I (1. ,.,rr- r O,C,+ �•j I cbND O o►K'LA R. 2 STY. FR. w -o .wiD o #2941 1 W �� EA�2 o I o 0)02 p r N O 1 b 44. �, • F - I 1 a oD r� • 1 • • Sp,I,TH ' P ` IN f z m R1 14 5' DRAINAGE I A _ -I:1-- ) '. AND UTILI TIES—j EASEMENT I• GREGORY 0,MILSTEAD 9 I 545 Lic.Li/ No. 047323 pi , ) 1 I RUDpy CRESCENO ��O �P 1L i • R=550.00' "II /I 6�� L=95.00 frfN(F) ek.kC�� 1ONAL WOOD DUCK DRIVE (50' RNV) MATERIALS SPECIFICATIONS: 0 30' 60' PILING: C.C.A. 2.5 PCF 1111111111111, 11111111111111111112111111111j HEADERS AND JOISTS: C.C.A. 0.6 PCF SCALE 1"=30' (ALL WOOD TO BE GRADE 2 OR BETTER) DECKING: C.C.A. 0.4 PCF HARDWARE: H.D. GALVANIZED ASTM—A153. EXHIBIT A ENCROACHMENT REQUEST FOR A '7 fl WATERFRONT BULKHEAD, PIER, PWC LIFTS, AND BOAT LIFT CONSULTING, INC. A SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 110 2589 QUALITY COURT,STE.323 FOR M.B. 103, PG. 25) VIRGINIA BEACH,VA 23454 PH/FAX:(757)425-8244,CELL(757)619.7302 JANE C. TARSOVICH ENGINEERING SERVICES PROVIDED BY: DATE: MAY 29, 2020 GPIN: 2433-23-6677 CHESAPEAKE BAY SITE SOLUTIONS,INC. P.O.BOX 6863 VIRGINIA BEACH,VA 23456 2941 WOOD DUCK DRIVE, VIRGINIA BEACH, VA 23456 PHONE:(757)S75.3715 I y' . \ . /\ - \ \\ ± m �� a z«< m w\§ i � \< �2 \ ° : . . : < i . \§ •�\ § ��\- / . . * . . ° m . . ,/, 4_ - . / ^ ,, 7 . , II. 441 • ' ' \ ef � \ 1 lli . \ \ . -a' • j l 5 •fi .. _.. .. +gyp �^i'.r .,.w:o•�._. .- ... ,. ,yt'likr `q. 5 \\\ : \ \ .,„ f A > ,.: •4,8 `-~- 2 \ �/_ ? ; . \ _ \ i < :A,i. - \ , § > . ° - \ 2T : . �2 f \ \° 2 \� / . . \ \§aim_\ t « N N O W-� E o m Q0 S OyG SITE s \___!y , 7 /41.1 2433-23-6677 111111111110 110 . is \,,r‘----\Q , 0 10 1011111 t* ' l) 0 2 AM tag LOCATION MAP ENCROACHMENT REQUEST Legend FOR City Properties JANE C, TARSOVICH 2941 WOOD DUCK DR D2433-23-66770 --• GPIN 2433-23-6677 Note: This property is not _; Feet located in AICUZ Noise Zone �- ` 0 100 200 400 N a�i co 3 as v0ti voyor Y M (I)% V cc ZO•ØPPJ • o ASP"' , -.A rI W o ..1116 a O Q U_ X • 11111 .00VG�O iii.7_ � • A c 100,- ''' . E:-, ---.. _ ,, ir , ' IN 4..46. ) -'s , A . .may6.4 r101.' . 4 .7.:11ral-r :_ . . . . of ' . • , : 4 , �„ a_._ r ., . _.._ . i f i ,,.. . . . Ei t 1.� .��AAYYff1I nl,• 7 Sao' r e j y' _. • 44 . .ii,. • j m 45 Ncn w a Mp N d M 3. CC.) (NI d a). . , ,,, a, d�. J q\A3 Virginia Beach APPLICANT'S NAME Jane C. Tarsovich DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board f The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetin that ertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Jane C. Tarsovich —_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. _ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. u Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 \'i;ginia Be If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 0 yof APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER (use additional sheets If needed) ❑ Accounting and/or preparer of your tax return ❑ Architect /Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors Project out for bid I I Engineers/Surveyors/Agents WCI, Chesapeake Bay Site Solutions Financing (include current Wells Fargo C ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ici,•_,;-,,,...,-•••vv•••1*-4.1.:,.•::,1,-,-1,,,,,-1.‘it,17.-"Met,7%Iryi...S;;,,z129.7•••:t....-L.Li-t??,or "ssr,:,:Z,T46;•^-Fe.'C'T.?•-fral':"!-f-,r;"I'L'-'•-••• '•-.,•1••••• :.;i,;,.-,-y\=.t.:15)::V•1,.ff.,: -.1.7 :C6d;V*1,79r,':$'.: -.7--7••••,--'2•c•itt'iq'ii•N'''',•-••w• •.,•- J,,,r...,... iclt 11,,- !‘'llstrg14.4'' • -'101•4•1"•-.'" 1/4"','''L'. 1.4, :,-...•we'•.'•:Let...r.',. :i..ri''-:::!'.'''/4":"'41',...'"IVr''''''.1."42',41'( "";.-475itiZgl.-AX74k2Fti::":ii,:,••,-,'„,:.1§'S*341,-,,,VZ? 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'• ZI:'''''..f'.••'-;•:14.:.••;•,;.kr•Cli.ell•rNlij";•••••••Ye'•••,IA:r......Zr'i:;'::`'-•:./ ':6;:•VAttl''':''ri• '•' ". . . ••-' .'''.“;••••••••\!1',.''••' :.:••• .';•;•tilrik • -•••• ..--- '•• ''.. --••••—• . . . - ..••....•:;:•........:••••,1- ' :-•!!'r-f.", '-' ' '„,'..,Ac.cy,t:Vi.4‘-:V e' '.•'.' '•"•••:' '`' -Vfthnalleach - ,..-e' -•••••::;*.....-t'F'•••:: .. • •• - :-....he"' —::4.•-•.. .'•.,.i;.•••,-4,4ioi.',••••'••--- "••• • :. "-• . ..„.„ _ CERTIFICATION: • f I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. - I understand that, upon receipt of notification, that the application has been :scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, CounCil, VBDA . . rneeting, or meeting of any public body or committee in connection with this • Application,. yi, . •ao C hilele fiiiv Jane C. Tarsovich cAvp,facknotioc; PRINT NAME AMTS.' N • .. - Page of 7 y .J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of an existing City-owned drainage easement located at 624 Regency Drive MEETING DATE: August 18, 2020 • Background: CPM Properties II, LLC, a Virginia limited liability company (the "Applicant"), has requested permission to encroach into a portion of an existing City-owned drainage easement, in order to construct and maintain a lighted double-sided monument sign with a brick base (the "Encroachment") on its property located at 624 Regency Drive. The Encroachment would extend 6.167' into the City's existing drainage easement and be located approximately 5' from the Laskin Road right-of-way. A BZA variance was approved on April 3, 2019, and the dimensions of the sign are consistent with that variance. • Considerations: City Staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. Public Works/Operations has determined this Encroachment will not impair the drainage in the City's easement. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: L L (' Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF AN EXISTING CITY-OWNED DRAINAGE EASEMENT LOCATED AT 624 REGENCY DRIVE WHEREAS, CPM Properties II, LLC, a Virginia limited liability company, desires to construct and maintain a lighted double-sided monument sign with a brick base into a portion of an existing City-owned drainage easement located at 624 Regency Drive (GPIN 2407-48-5295). WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, CPM Properties II, LLC, its assigns and successors in title are authorized to construct and maintain a temporary encroachment for a proposed lighted double-sided monument sign with a brick base as shown on the map entitled: "SIGN ENCROACHMENT EXHIBIT FOR CPM PROPERTIES, II LLC 2859 VIRGINIA BEACH BLVD., #106 VIRGINIA BEACH, VA 23452" a copy of which is attached hereto as Exhibit A, and on file in the Department of Public Works and to which reference is made for a more particular description; BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and CPM Properties II, LLC (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as CPM Properties II, LLC and the City Manager or his authorized designee execute the Agreement. i Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. 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( .5'ACRYLIC PUSH Item: THROUGH LETTERSSLASH2O j EXPRESS I 5_ EXPRESS ef-ACRYLICnuet� MCAR WASH ONUMENTTHROUGH LETTERS ,00mmiiiiiinHoor Date: 04.14.2020 4 ! ELECTRICAL CONDUIT N NT A 1 Mock-Up#: 74 , . taso . PNi GM 1 4 - -,r ALUMINUM PALES • .0—'- :41 s Sheet#: 11 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City". and CPM PROPERTIES II, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE. "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as PARCEL "4B GPIN 2407-48-5295" as shown on that certain plat entitled: "SUBDIVISION OF PARCEL 4 (INSTRUMENT NUMBER 20080721000850050,) VIRGINIA BEACH, VIRGINIA", prepared by Patton Harris Rust & Associates, Inc., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20120705000747610, and being further designated, known, and described as 624 Regency Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed lighted double-sided monument sign with a brick base, "Temporary Encroachment", in the City of Virginia Beach: and GPIN: 2407-48-5295 (624 REGENCY DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned drainage easement located on 624 Regency Drive, the "Encroachment Area": and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat consisting of three (3) sheets entitled: "SIGN ENCROACHMENT EXHIBIT FOR CPM PROPERTIES, II LLC 2859 VIRGINIA BEACH BLVD., #106 VIRGINIA BEACH, VA 23452" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City. its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than S500,000.00, per person injured and property damage per incident. combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Temporary Encroachment may not exceed: twenty-four (24) square feet per face; two (2) faces; eight (8) feet above the natural grade at the curb. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the 4 Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee: and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said CPM PROPERTIES II, LLC. a Virginia limited liability company, has caused this Agreement to be executed on its behalf by its Managers. WILLIAM A. WILCOX, II and BARRY DUVAL with due authority to bind said company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 CPM PROPERTIES II, LLC, a Virginia limited liability company By - - -- (SEAL) WI ' �. I OX,$1'1 ' SEAL) ager B 'v " =-• DUVAL, I, anager STATE OF � '- CITY/COUNTY OFYiYgivtict ^" - ^ , to-wit: The foregoing instrument was acknowledged before me this 1 day of AlS4T , 2020, by WILLIAM A. WILCOX, II, Manager of CPM PROPERTIES II, LLC, a Virginia limited liability company. f - / 0 • � 'A. (SEAL) Notary P blic Notary Registration Number: 1 B(:)9S g 1 ,,,,..� , �., My Commission Expires: (1 30 ( 2'Qi)kr.- IW�0; s'- P/ ? MY COMMISSION Z i. O • EXPIRES t ` 1st: 11I3012024 . ., l'e . :a``? STATE OF CITY/COUNTY OF tJi//Mi.S.Bi/r, _, to-wit: The foregoing instrument was acknowledged before me this //'" day of ACUS T , 2020, by BARRY DUVAL, Manager of CPM PROPERTIES II, LLC, a Virginia limited liability company. L j/c�.. A . i1‘1. (SEAL), N Notary Public ��`°G� _ •• F Notary Registration Number: 77 q to Slp 1� MyComm.Expire. '01 '{3c- ? 2— II My Commission Expires: �• 36 - 2- 2— toe 77`96456 7 :�' ALn4 situ# APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM '`Kde4- • SIGNATURE ^ DAN , HA EYER SENT CITY ATTORNEY /41'v 1164t. CS -€ DEPA TMENT vs Rl7JPRN10 COME!LC - (*sr Rooszazooaseary ` _ __ BAAIK —`--._,.,_ ^1 \ LOl6 �,, ��% Ae ` - r0 L� =—'`�- �` \ CM xo�is am $ �G'.C. ,� . _ ._� ---_._ ., , - Saz-�D'as'E a I. Jgi pe [ ES �' �s $ \ �31.61' It a ��f -4 1 1,,,t,ja,..4-ON......------- ........-r ,....... 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V ,- . a _,.. , 4 40, ...- , , • I, -, r- Pik --•- 4-- 044( /7 Virginia Beach APPLICANT'S NAME (�' �C �ei7' S_� 2Z- 1 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia laws o SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated rvo(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the apphcation(s). PPLICANT NOTIFIED OF HEARING DAZE: �J NO CHANGES AS OF DATE. �1„,/zo _ J REVISIONS SUBMITTED DATE Virginia Beach II Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IVCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: A&E ReprggraphiCs Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Bryan Hannum Jennifer Hannum (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (� (A) List the Property Owner's name:��akiC o... A5 LLC.' If an LLC, list the member's names: 11\, A . U,\ Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) sic C L O 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. - SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 n,. APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) VAccounting and/or preparer of your tax return VArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and N/ purchaser's service providers) Construction Contractors VEngineers/ Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 1-1 I Agents/Realtors for current and Imo ' anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have vL �/ an interest in the subject land or any proposed development I I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 tr,y Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. y�a:4cncclt, Bryan Hannum 3-30-2020 AP CANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER XB Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ll tt Accounting and/or preparer of I your tax return Architect /Landscape Architect/ Land Planner on,?_ //E 2 ;C Contract Purchaser(if other than LJthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property I - (identify purchaser(s) and purchaser's service providers) Construction Contractors P 6 f'/G .r,5 I Engineers /Surveyors/Agents ,t/SA Q 9� Financing (include current ''` mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and l anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have U an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 All s' Virginia Beach CERTIFICATION: — -1 I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 1I understand that, upon receipt of notification that the application has been ' scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. '' II Aco . Oly ki,,,,/ PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 McLeskey&Associates, LLC Entities (Companies) co# name 01 Cheryl P. McLeskey-personnel 02 WASHINGTON SQUARE TOWNHOUSES,LLC 03 Bel-Aire LLC 04 Virginia Beach Fishing Center LLC 05 FWM RESIDENTIAL RENTAL PROPERTIES, LLC 06 2859 VBB, LLC 07 09 Elizabeth City Development Company LLC 11 Elizabeth City Airport Industrial Park. Inc 12 LDSM Properties LLC 13 14 16 Mortons Baye LLC 17 J&W Investors, LLC 18 RADCLIFFE TOWNHOUSES, LLC 19 Cepco LLC 20 COLONY PINES APARTMENTS, LLC 21 Coastal Investors LLC 23 26 27 Norfolk-Virginia Beach Airport LLC 29 2648 VBB, LLC 30 Lynnhaven Shopping Center, LLC (dba MarketSquare)-Div.20 31 Satellite A-Division 21 of Co. 30 (all included in Co.30) 32 Satellite B-Division 22 of Co. 30 33 Riverwalk LLC 35 NEWTOWN CONVENIENCE CENTER,LLC 36 38 Front Street Investors LLC 40 MGM Associates 41 Furberfax LLC 42 Terri-Fic Company 43 46 Lotsalisa LLC 49 52 53 AIR TACO, LLC 54 103, LLC 83 CPM Properties LLC 84 VBFC PROPERTIES, LLC 85 BAYLINER BUILDING, LLC 87 LITTLE NECK COMMERCIAL PROPERTY, LLC 88 90 McLeskey&Associates, LLC 91 SHORE DRIVE AREA PROPERTIES LLC 92 LYNNHAVEN AREA PROPERTIES, LLC 93 LITTLE CREEK ROAD PROPERTIES, LLC 94 RUDEE HEIGHTS PROPERTIES, LLC 73 F. Wayne McLeskey,Jr., QTIP Marital Trust 74 FWM Memorial Marlin Open Inc. 75 The McLeskey Family Foundation, Inc. Regency Hilltop Associates. LLP 55 Croupier LLC • • C\Users\cindy\Documents\Cindy excel\Company listing\Listi • 2016.xlsxCompan iZ T� i�r., si ) 1,z .JI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Adopted FY 2020-21 Capital Improvement Program Project Description and Scope for CIP #9-068 Dome Site Development Acquisition to Authorize the Acquisition of Property by the City of Virginia Beach Development Authority MEETING DATE: August 18, 2020 • Background: On November 19, 2019, the City Council enacted a resolution that authorized the execution of the Dome Site Development Agreement. This same action established a new capital project, CIP #9-068 Dome Site Development Acquisition, and appropriated $9 million to the new project. This capital project is intended to allow the purchase of real property for the Dome Project within the vicinity of the Dome Site as needed and from willing sellers during the planning of the Dome Site Project. The acquisition of properties may become necessary as the City and the Developer determine where best to locate the parking, entertainment venue, surf park, and other elements of the vision for what will become Atlantic Park. While the capital project was authorized in November 2019, the actual project page first appeared in the FY 2020-21 Capital Improvement Program. The "Description and Scope" of the Project Page includes reference to the City, but it is not clear as to whether the City has to be the purchaser of properties for the Dome Project. The Development Agreement is structured to have the City of Virginia Beach Development Authority (the "VBDA") be the owner of the real property within the Project boundaries. Accordingly, to be consistent with the Development Agreement, the description and scope of CIP #9-068 requires amendment to allow the funds appropriated in the CIP be made available to the VBDA for the purpose of acquiring property. This item was originally scheduled for the August 4, 2020 City Council meeting, but due to Tropical Storm Isaias, that meeting was cancelled. • Considerations: The purpose of this action is to avoid duplicative transactions wherein the City purchases property and, subsequently, transfers the property to the VBDA. The VBDA and City Council approvals of the Development Agreement each require the City Manager to consult with City Council prior to any purchase of property using CIP #9-068. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Project Page (#9-068) Recommended Action: Approval Submitting Depatj nt/Agency: Economic Development City Manager: pry 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2020- 2 21 CAPITAL IMPROVEMENT PROGRAM PROJECT 3 DESCRIPTION AND SCOPE FOR CIP #9-068 DOME 4 SITE DEVELOPMENT ACQUISITION TO AUTHORIZE 5 THE ACQUISITION OF PROPERTY BY THE CITY OF 6 VIRGINIA BEACH DEVELOPMENT AUTHORITY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That the "Description and Scope" of CIP# 9-068, Dome Site Development 12 Acquisition, within the FY 2020-21 Capital Improvement Program is hereby amended to 13 include the following: "Consistent with the Development Agreement for the Dome Site, 14 the funds appropriated to this project may be made available to the City of Virginia Beach 15 Development Authority to allow the Authority to be the purchaser and owner of such 16 property(ies)." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City a 's Office CA15122 R-1 July 9, 2020 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: 9068000 Title:Dome Site Development Acquisition Status: Approved Category: Economic and Tourism Development I Department: Strategic Growth Areas Ranking: 0 Project Type Project Location Project Type: Site Acquisition District: Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 9,000,000 9,000,000 0 0 0 0 0 0 0 Description and Scope this project provides funding for the voluntary acquisition of property in the area surrounding the Dome site and for costs associated with utility relocation and nstallation related to the project. Purpose and Need this project will help develop the Resort's Central Beach Entertainment District which was proposed to create a year-round,first class,urban resort destination. this project is essential to ensure the successful construction of the Dome Site. History and Current Status this is a new project in the FY 2020-21 CIP after being created and funded by City Council on November 19,2019.This project is funded using fund balance from :he Tourism Investment Program fund. Operating Budget Impacts • Project Map Schedule of Activities Project Activities From-To Amount Site Acquisition 11/19-06/24 9,000,000 Total Budgetary Cost Estimate: 9,000,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 9,000,000 Total Funding: 9,000,000 r_....en�.. 1 7 H9 Mrtnn °E+cyL Ir z; sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $300,000 from the Landmark Foundation and to Reauthorize Grant-Funded Positions for the Baby Care Program MEETING DATE: August 18, 2020 • Background: The Virginia Beach Baby Care Program (the "Program") began in FY 2014-15 with an initial donation of $900,000 from the Landmark Foundation. The original grant was intended to fund the program for three years and was received by the City in three equal payments of $300,000 in FY 2014-15, FY 2015-16, and FY 2016-17. To support the Program, 5.76 FTEs were established in the Health Department's Operating Budget, and these positions were funded utilizing the donation funding. Due to consistent position vacancies within the Program, the initial donation amount stretched through FY 2019-20. At the end of FY 2019-20, the Program had only $28,746 in funding remaining. The Program provides home visitation by Registered Nurses for families that are expecting and with young children up to age two, and participation in the Program is open to Virginia Beach residents who qualify for Medicaid. Specially trained Baby Care nurses provide behavioral risk screening, comprehensive case management services, and expanded prenatal services to improve the medical, developmental, and health outcomes for expectant mothers and their babies. To support this program, five (5.0) FTEs are needed within the Health Department. These positions include one full-time nurse supervisor, two full-time registered nurses, one full-time administrative staff member, one part-time (0.5 FTE) administrative staff member, and one part- time (0.5 FTE) outreach worker. This item was originally scheduled for the August 4, 2020 City Council meeting, but due to Tropical Storm Isaias, that meeting was cancelled. • Considerations: The Program completed a successful review with the Landmark Foundation in Fall 2019 and was awarded an additional $300,000 on June 30, 2020 to continue the program in FY 2020-21. The Landmark Foundation remains supportive of the program for future funding renewal opportunities. There is no local match requirement for this grant. If the grant does not continue after FY 2020-21, the City is not obligated to support this program, and the attached ordinance expressly provides that these grant-funded positions are contingent upon future grant funding. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Public Health Department City Manager: pl 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE$300,000 2 FROM THE LANDMARK FOUNDATION AND TO 3 REAUTHORIZE GRANT-FUNDED POSITIONS FOR THE 4 BABY CARE PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $300,000 is hereby accepted from the Landmark Foundation and appropriated, 10 with revenues increased accordingly, to the FY 2020-21 Operating Budget of the 11 Public Health Department for the Baby Care Program; and 12 13 2) Five (5.0) FTEs are hereby reauthorized in the Public Health Department, 14 including one full-time nurse supervisor, two full-time registered nurses,one full- 15 time administrative staff member, one part-time (0.5 FTE) administrative staff 16 member, and one part-time(0.5 FTE)outreach worker, provided these positions 17 are contingent upon future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budgiet and Management Services ity A e s Office CA15125 R-1 July 22, 2020 _C A 1Sl 'N :•f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Tourism Corporation for Local Advertising and Marketing Efforts MEETING DATE: August 18, 2020 • Background: The Virginia Beach Convention and Visitors Bureau (CVB) has been awarded a $10,000 marketing grant from the Virginia Tourism Corporation (VTC) to advertise the "Together At Last"joint marketing campaign. This is a VTC initiative called the WanderLove Recovery Grant Program. Norfolk and Virginia Beach joined forces to launch "Together At Last," a cooperative marketing initiative that provides visitors with easy access to a wide variety of savings at local businesses in both destinations. Currently this campaign is being advertised out-of-market; however, if this grant is accepted and appropriated, the CVB will move forward with advertising this marketing initiative locally. Visit Norfolk was awarded $10,000 for the same local initiative. • Considerations: This funding will be spent on media in the local market through October. This will assist in the recovery efforts for local business and will help generate discretionary local spending by residents. In addition, since the campaign launched out of market in June 2020, it has generated 21,000 website visits and 1,037 value pass sign-ups. Media coverage for this campaign to date has included The Virginian-Pilot, MSN, Meetings Today, Daily Press and Forbes. A local funding match is not required; however, the grant requires an in-kind contribution which includes the estimated value of the City's owned and earned media and/or the value of current ad placements. The value of the City's paid media is $735,000, which satisfies the in-kind requirement. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: `J L . 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA TOURISM 3 CORPORATION FOR LOCAL ADVERTISING AND 4 MARKETING EFFORTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $10,000 of funding from the Virginia Tourism Corporation WanderLove Recovery 10 Grant Program is hereby accepted and appropriated, with revenues increased 11 accordingly, to the FY 2020-21 Operating Budget of the Convention and Visitors Bureau 12 for local advertising and marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A o y' Office CA15133 R-1 August 6, 2020 Fir tp, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the National Park Service Historic Preservation Fund and to Transfer Funds Within the FY 2020-21 Operating Budget for a Historical Survey MEETING DATE: August 18, 2020 • Background: The National Park Service (NPS), a bureau of the U.S. Department of the Interior, administers the Historic Preservation Fund to provide grants to state and tribal historic preservation offices and to Certified Local Governments (CLG). The purpose of these grants is to survey historic resources and prepare nominations for listing on the National Register of Historic Places (NRHP). The City of Virginia Beach is a CLG and is therefore eligible to apply for the Historic Preservation Fund grants. The objective of the Historic Preservation Fund's Underrepresented Communities Grant Program is to diversify the survey, inventory, and designation of historic properties associated with communities currently underrepresented in the NRHP. Historically African American communities are an underrepresented community category. The 2018 Historic Architectural Resource Survey Update: City of Virginia Beach, Virginia, Northern Half identified four historically African American communities as potentially eligible for NRHP listing. The Department of Planning and Community Development contacted the associated civic leagues to determine interest in pursuing nomination of these communities to the NRHP. Interest was received from the Seatack and L & J Gardens Civic Leagues. The Virginia State Review Board formally determined that each of these neighborhoods was eligible for listing in the NRHP in December 2019. Following this confirmation, the City submitted a grant application to the NPS for the federal FY 2019 Underrepresented Communities Grant Program, the availability of which had been extended by Congress until September 30, 2020. • Considerations: Initially, this award was to be announced in FY 2020. However, due to the pandemic, the NPS delayed its award process by several months. In July, the Department of Planning and Community Development received notification that the City's application had been successful and a grant award of $47,187 was forthcoming. This grant requires a local match of $28,312. As this award was expected to be issued in FY 2020, there are no funds available in the Department of Planning and Community Development for this match. Therefore, the City will transfer $28,312 from the Reserve for Contingencies to the Department of Planning and Community Development. The total grant funds of $75,499 will primarily be used to survey resources in the two historically African American neighborhoods of Seatack and L & J Gardens and to prepare and submit nominations for listing of each of these communities as historic districts in the NRHP. These designations are honorary in nature and place no land use or design restrictions on the properties. • Public Information: Public information will be provided through the normal Council Agenda process. A press release from NPS was issued naming the City of Virginia Beach as one of 18 recipients of FY2019 Underrepresented Community grants on July 16. This release was also distributed by the City's Communications Office. A separate notification of the grant was included in the Friday packet as part of the Manager's Update on July 10, 2020. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Manager: ti ' t I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE NATIONAL PARK SERVICE HISTORIC 3 PRESERVATION FUND AND TO TRANSFER FUNDS 4 WITHIN THE FY 2020-21 OPERATING BUDGET FOR A 5 HISTORICAL SURVEY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $47,187 is hereby accepted from the National Park Service and appropriated, 11 with federal revenues increased accordingly, to the FY 2020-21 Department of 12 Planning and Community Development Operating Budget for the survey of historical 13 resources in the Seatack and L&J Gardens neighborhoods. 14 15 2. $28,312 is hereby transferred from the General Fund Reserve for 16 Contingencies to the Department of Planning and Community Development 17 Operating Budget to provide the required local grant match. 18 19 3. The City Manager, or designee, is hereby authorized to execute the grant 20 and cooperative agreement between the National Park Service and the City of 21 Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services o 's O ice CA15138 R-1 August 6. 2020 All, ' YYJ Pn , er„,,,,,, -,,...„. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Historic Resources and to Transfer Funds for the Preparation and Publication of Historic District Design Review Guidelines MEETING DATE: August 18, 2020 • Background: The Virginia Department of Historic Resources (DHR), State Historic Preservation Office, administers the U.S. Department of the Interior's Historic Preservation Fund (HPF) in cooperation with the National Park Service. Under this HPF program, at least ten percent of Virginia's annual HPF awards must be designated as pass-through funding to Certified Local Governments (CLG). The City of Virginia Beach is a CLG and therefore eligible to apply for these funds, which the Department of Planning and Community Development did for the FY 2020-21 cycle. One area of funding for DHR's CLG grant is the preparation and publication of design review guidelines for local historic districts. These guidelines are intended to expand and refine general review guidelines for proposed actions in historic districts that are found in the locality's ordinance. For the City of Virginia Beach, this can be found in the Code of Ordinances, Appendix A — "Zoning Ordinance," Article 13, "Historic and Cultural District" (Sections 1300-1307). There are currently 16 Historic and Cultural District zoning overlay areas in Virginia Beach. A map of these districts is attached. The Department of Planning and Community Development has received notification that a CLG Grant Program award in the amount of $22,500 in federal funds has been awarded to the City of Virginia Beach. These funds will primarily be used to develop, revise, and update Design Standards and Review Guidelines for Virginia Beach's Historic and Cultural Districts. Design standards and review guidelines are for the use of property owners and Historic Review Board members in the design review process and must substantially conform to the Secretary of the Interior's Standards for Rehabilitation. Those standards are a series of concepts about maintaining, repairing, and replacing historic materials, as well as designing new additions or making alterations. Guidelines offer general design and technical recommendations to assist in applying the standards to a specific property. • Considerations: A local match of $22,500 is required for this grant. There are funds available in the Department of Planning and Community Development's FY 2020- 21 Operating Budget to provide this match. • Public Information: Public information will be provided through the normal Council Agenda process. Notification of this award was included in the Friday Packet Manager's Update on July 10, 2020. • Attachments: Ordinance, Map of Historic and Cultural Districts in Virginia Beach Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Manager: pf 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF HISTORIC 3 RESOURCES AND TO TRANSFER FUNDS FOR THE 4 PREPARATION AND PUBLICATION OF HISTORIC 5 DISTRICT DESIGN REVIEW GUIDELINES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $22,500 in federal pass-through funding is hereby accepted from the Virginia 11 Department of Historic Resources and appropriated, with federal revenue increased 12 accordingly, to the FY 2020-21 Department of Planning and Community Development 13 Operating Budget for the preparation and publication of design review guidelines for 14 historic districts. 15 16 2. $22,500 is transferred within the FY 2020-21 Operating of the Department of 17 Planning and Community Development Operating Budget to provide the required local 18 grant match. 19 20 3. The City Manager, or designee, is hereby authorized to execute the grant and 21 cooperative agreement between the Virginia Department of Historic Resources and the 22 City of Virginia Beach. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Budget & Management Services • om 's ce CA15139 R-1 August 6, 2020 City of Virginia Beach Historic and Cultural Districts August 2020 ,! tS�, t. Adam Keeling House a Adam Thoroughgood Housg,Church Poin�AAanor �4 R.r. r s r i if $ lynnhaven House U i' a1tva v �' Old Donation Church i • Ferry Plantation House % 4'"" o • SeatackjU.S.Coast Guard tenon Pembroke Manor .r • .,a�Kt Z` � Franck nd House Witt Cottage • LaKs Carraway douse`� r P.t j pear Wollsnare Plantation rna Murray►ious� T t pact.tw4;, ? r tt t 1 } F t,lktIt F e dF sr =s tr -I, 7' 're., ,,, P c',. 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R75 AG2 R75 AGt \\>14.10: HYe1C a CJanl Overlay Olbfkl in - _ �o o.a 16 a.oe o.+e Lynnhaven Noun 1 44011Mih4 Rd-OPIN 14787622240000 VY5ei Beech Mgalo and Wheal Welly Olelrlet RIO, ' . .., . II\Q y r R40 • R15 82 - R40 - - _ illip(02 1 1 R40 HAYGOOO ESTATE WA -' -Al2 • • ---I GOOD ESTATE!:_ . „ I� !q�• I210 i. R10 02. — q12 • - _- 1 R • • Al2. O2 Ale J r - R40 _ 1 AO ° e 30 R� Al2 . 82 +worn a[Laval Overby un.a �� I Wks DEACONS LN -.0 0.06 0.1 0.2 Nimes Church 11 Virgins Basch 1lilo&and Cudnl Ovsriy Mitre 1051M0 PKW17 — tI AG1 _ - o R20 ROaMN DP 132 O1 1 O2 AG2 • R10 ii R20 ''c BB ANNE RO AG2 SP R20 82 R20 R10 ,0 R20 R20 P1 AG2 Mlles ' Waeri a Waal Nisi;Oitla 0 0.05 0.1 ` ` 02 Old Donation Episcopal Church 4449 N Wlddud Rd-GRIN 1057834750000 Volnla Beach IWlorIc and Cultural Overlay OMnet o 3 BZ 111 $2 R7S. AtE p R20 R40 R10 7RINRr'cr R75At R70 �. RZ5 R10 R30 .0. R75 ' A15 - 02 ' 0 i R20 � 0� t �� . ( . . d R7 544, 41.P 1111 R7 i n %II RW. 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CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate CARES Act Funding from the Virginia Department of Elections for Eligible Election Expenses MEETING DATE: August 18, 2020 • Background: On June 9, 2020, the Virginia Department of Elections announced the distribution of $9 million in Coronavirus Aid, Relief and Economic Security (CARES) Act funding for the 2020 Presidential Election. This allocation was based on the number of registered voters in each locality. The funding allocated to the City is $201,803. CARES Act funding may only be used for allowable expenses. These costs include any expenditures related to the protection of the health and safety of poll workers, staff, and voters during the federal election as well as those resulting from anticipated increased demand for absentee ballots by mail costs, equipment, and temporary staff. Funds may also be used to conduct voter outreach efforts and public service announcements. • Considerations: The CARES Act funding must be used by November 30, 2020, and all items must be paid for by December 31 , 2020. Funds may not be used for expenses that would have been incurred regardless of the COVID-19 pandemic. There is no local match required for these funds. • Public Information: Public information will be coordinated through the normal agenda process • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration and Elections City Manager: A() 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 CARES ACT FUNDS FROM THE VIRGINIA 3 DEPARTMENT OF ELECTIONS FOR ELIGIBLE 4 ELECTION EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $201,803 of Coronavirus Aid, Relief and Economic Security (CARES) Act funding 10 is hereby accepted from the Virginia Department of Elections and appropriated, with 11 federal revenue increased accordingly, to the FY 2020-21 Operating Budget of the Voter 12 Registration and Elections Department for increased costs associated with expenditures 13 related to the protection of the health and safety of poll workers, staff, and voters during 14 the 2020 Presidential Election. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budgdt and Management Services City y's Office CA15126 R-1 August 6, 2020 I ,;. , r ism . 4°, eta CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Community Development Block Grant Funds and to Accept and Appropriate CARES Act Funding to the Department of Housing and Neighborhood Preservation for Housing Assistance during the COVID-19 Pandemic MEETING DATE: August 18, 2020 • Background: Due to regulatory changes, Federal Community Development Block Grant (CDBG) funds can now be used for emergency housing assistance for those affected by COVID-19. A transfer of $1 ,021,040 will make additional funding available for the Eviction Prevention Assistance Program that aids renters affected by COVID-19. The majority of the funding to be transferred was previously set aside after Hurricane Matthew for a disaster recovery program; however, to date these funds have not been used and are now available to be reprogrammed for COVID-19 relief. In addition to the transfer of CDBG funding, the Federal government has notified the City of a second allocation of $1 ,389,918 through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which is distributed by the U.S. Department of Housing and Urban Development. These funds can be used to support individuals and families affected by COVID-19 who are homeless or receiving homeless assistance. • Considerations: The transfer of CDBG resources makes additional funding available for the Eviction Prevention Assistance Program, and therefore allows maximum available funding to assist those in acute need because of COVID-19. If the funds are not needed for emergency assistance to individuals or families, the funds may be reprioritized to other eligible CDBG uses. The CARES Act funding adds to the amount appropriated by City Council on April 28, 2020. The CARES Act funds do not require a local match. In total, this request will provide up to $2,410,958 for aid to individuals and families needing housing assistance. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Award Letter Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager VW 1 AN ORDINANCE TO TRANSFER COMMUNITY 2 DEVELOPMENT BLOCK GRANT FUNDS AND TO 3 ACCEPT AND APPROPRIATE CARES ACT FUNDING 4 TO THE DEPARTMENT OF HOUSING AND 5 NEIGHBORHOOD PRESERVATION FOR HOUSING 6 ASSISTANCE DURING THE COVID-19 PANDEMIC 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1) $1,021,040 is hereby transferred within the FY 2020-21 Operating Budget of 12 Housing and Neighborhood Preservation to create additional capacity for the 13 Eviction Prevention Assistance Program to aid renters affected by COVID-19. 14 15 2) $1,389,918 in Coronavirus Aid, Relief, and Economic Security (CARES) Act 16 funding from the U.S. Department of Housing and Urban Development is 17 hereby accepted and appropriated, with federal revenues increased 18 accordingly, to the FY 2020-21 Operating Budget of Housing and 19 Neighborhood Preservation for support of individuals and families affected by 20 COVID-19 who are homeless or receiving homeless assistance. Adopted by the Council of the City of Virginia Beach, Virginia on the ____ _ day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ey's Office CA15113 R-1 Juty 9, 2020 �Q'P,4Ex tox„„ U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT * *` WASHINGTON,DC 20410-7000 Q ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT June 9,2020 The Honorable Bobby Dyer Mayor of Virginia Beach 2401 Courthouse Drive Building 1 Virginia Beach,VA 23456-9120 Dear Mayor Dyer: I am pleased to inform you of the second allocation of Emergency Solutions Grants(ESG) Program funds HUD is awarding to your jurisdiction in the amount of$1,389,918,as authorized by the Coronavirus Aid,Relief, and Economic Security Act(CARES Act),Public Law 116-136. These special ESG-CV funds are to be used to prevent,prepare for, and respond to the coronavirus pandemic(COVID-19)among individuals and families who are homeless or receiving homeless assistance; and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts of COVID-19. President Trump signed the CARES Act on March 27,2020 to help the Nation respond to the coronavirus outbreak.The CARES Act made available an additional$4 billion in ESG-CV funds to supplement the Fiscal Year(FY)2020 ESG funding provided under the Further Consolidated Appropriations Act,2020(Public Law 116-94). Of this amount,the Department previously allocated$1 billion for ESG-CV grants based on the FY 2020 ESG formula and set aside$40 million for technical assistance. An additional$2.96 billion in funding for ESG-CV grants is now being allocated directly to States or units of local government by a separate formula developed by the Secretary. The formula approved by the Secretary includes variables that quantify the population currently experiencing and at risk of homelessness, including: • Total Homeless Population • Unsheltered Homeless Population • Total Very Low Income(VLI)Renters • VLI Renters that are Overcrowded or without a Kitchen or Plumbing The variables were further weighted to adjust for fair market rents. HUD's formula methodology for this second allocation can be found at https://www.hud.gov/sites/dfiles/CPD/documents/ESG CARES Act Round 2 Allocation Metho dology rev.pdf www.hud.gov espanoLhud.gov 2 As with the first allocation,this second allocation of ESG-CV funds is subject to the following flexibilities and conditions provided by the CARES Act: • The funds may be used to cover or reimburse allowable costs incurred by a State or locality before the award of funding(including prior to the signing of the CARES Act)to prevent,prepare for, and respond to COVID-19; • The funds are not subject to the spending cap on emergency shelter and outreach under 24 CFR 576.100(b)(1); • Up to 10 percent of funds may be used for administrative costs, as opposed to 7.5 percent as provided by 24 CFR 576.108(a); • The funds are exempt from the ESG match requirements,including 24 CFR 576.201; • The funds are not subject to the consultation and citizen participation requirements that otherwise apply to the Emergency Solutions Grants,however each recipient must publish how its allocation has and will be used,at a minimum, on the Internet at the appropriate Government web site or through other electronic media; • The funds may be used to provide homelessness prevention assistance(as authorized under 24 CFR 576.103 or subsequent HUD notices)to any individual or family who does not have income higher than HUD's Very Low-Income Limit for the area and meets the criteria in paragraphs(1)(ii)and(1)(iii)of the"at risk of homelessness"definition in 24 CFR 576.3; • That recipients may deviate from applicable procurement standards when using these funds to procure goods and services to prevent,prepare for, and respond to coronavirus, notwithstanding 24 CFR 576.407(f)and 2 CFR 200.317-200.326; • While we encourage you to offer treatment and supportive services when necessary to assist vulnerable homeless populations,individuals and families experiencing homelessness must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter,housing,or other services for which these funds are used,notwithstanding 24 CFR 576.401(e). In addition,the Act authorizes the Secretary to grant waivers of and specify alternative requirements for statutes and regulations the Secretary administers in connection with the use of ESG funds(except for requirements related to fair housing,nondiscrimination, labor standards, and the environment). These waivers and alternative requirements can be issued when necessary to expedite and facilitate the use of funds to prevent,prepare for, and respond to coronavirus. HUD has made available the following waivers that are applicable to ESG-CV funding: • CPD Memo: Availability of Additional Waivers for CPD Grant Programs to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19(5/22/2020) o Waiver Applicability to ESG-CV-Made all ESG waivers provided in 3/31/2020 memo applicable to ESG-CV 3 o Housing Stability Case Management—Original waiver(see below) is extended an additional 3 months beginning on the date of the memorandum(5/22/2020) • CPD Memo: Availability of Waivers of CPD Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 for CoC, ESG, and HOPWA(3/31/2020) o HMIS Lead Activities-Allows any recipient to use ESG funds to pay costs of upgrading or enhancing its local HMIS to incorporate data on ESG Program participants and ESG activities related to COVID-19 o Re-evaluations for Homelessness Prevention Assistance-For up to the 2-year period beginning on the date of the waiver memorandum(3/31/2020),the required frequency of re-evaluations for homelessness prevention assistance under section 576.401(b)is waived o Housing Stability Case Management-For the 2-month period beginning on the date of the waiver memorandum(3/31/2020),the required frequency of housing stability case management for homelessness prevention and rapid re-housing assistance is waived o Restriction of Rental Assistance to Units At or Below FMR-For the 6-month period beginning on the date of the waiver memorandum(3/31/2020),the FMR restriction is waived for any individual or family receiving Rapid Re-housing or Homelessness Prevention assistance who executes a lease for a unit The Department is developing a notice that will further lay out the CARES Act provisions and other waivers and requirements to enable swift implementation of ESG-CV grants. This notice and any subsequent notices of waivers and alternative requirements will be made available on HUD's website and distributed to recipients. The Department will also support recipients with technical assistance. As your jurisdiction continues to develop its plan to use these grant funds, HUD encourages approaches that prioritize the unique needs of persons experiencing homelessness and the development of partnerships between all levels of government and the private for-profit and non- profit sectors. Your jurisdiction should coordinate with State and local health authorities as you support state or local pandemic response. HUD encourages you to share successes that may help other recipients. Like other supplemental funding, ESG-CV grants are subject to oversight and tracking. We look forward to working with you to achieve the best possible outcomes for people experiencing and at risk of homelessness and to prevent fraud,waste, and abuse. Importantly,proper reporting in the Integrated Disbursement and Information System(IDIS) and Homeless Management Information Systems(HMIS)is critical to ensuring recipients are complying with program requirements and policies,providing demographic and income information about the persons who benefit from funded activities, and allowing HUD to monitor recipients. Your jurisdiction's ongoing attention is essential to ensuring complete and accurate reporting of performance measurement data. 4 All ESG recipients must ensure they maintain active Dun and Bradstreet Numbering System (DUNS)numbers in the System for Award Management(SAM)system. Entities must have an active and unexpired DUNS before execution of grant agreements to avoid delays in the obligation of funds which will delay your ability to drawdown funds in IDIS. Recipients are required to maintain an active SAMs registration by re-activating their DUNS number annually in the SAM system for the entire drawdown period of their grants. DUNS numbers can be registered and renewed each year at the following website: https://www.sam.gov/SAM/. HUD's Office of Community Planning and Development(CPD) is looking forward to working with your jurisdiction to successfully meet the urgent and complex challenges faced by our communities. If you or your staff have questions,please contact your local CPD Field Office Director or CPDOuestionsAnswered@,hud.gov. Sincerely, John Gibbs Acting Assistant Secretary for Community Planning and Development U.S. Department of Housing and Urban Development I. PLANNING 1. CITY OF VIRGINIA BEACH for a Special Exception for Alternative Compliance to the Form-Based Code re recurring outdoor assembly use and open-air market special events for properties located South of Interstate 264, West of Parks Avenue, and slightly East of Parks Avenue, North of 18th Street, West of Washington Avenue, North of 17th Street, and East of North Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. GREEN CLEAN SOUTH MILITARY,LLC for a Modification of Conditions re car wash facility at 820 South Military Highway(Approved November 27, 2007) DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 3. WILLIAM MARK CONBOY/CONBOY CONSTRUCTION for a Conditional Use Permit re commercial kennel for 3285 Indian Creek Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. HARRIS TEETER PROPERTIES,INC./BRENNEMAN FARM RETAIL ASSOCIATES,LLC for a Conditional Use Permit re automobile service station at 4540 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. MICHAEL JAMES FITZGIBBON for a Conditional Use Permit re short term rental at 2222 East Berrie Circle DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 2541 Seaview Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. CASEY KRUEMCKE for a Conditional Use Permit re short term rental at 133 Ackiss Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. 3D BUILDER INVESTMENTS, LLC for a Conditional Use Permit re short term rental at 421 21'Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. JOHN & KRISTEN LOVERING for a Conditional Use Permit re short term rental at 1718 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. THALIA ROAD PARTNERS,LLC/WAYSIDE VILLAGE SHOPPES,LLC &WILLIS REALTY CORPORATION for a Conditional Change of Zoning from B-2 Community Business District to Conditional B-4 Mixed-Use District re redevelop site with three(3) new buildings for multi-family dwelling units and commercial use at 4216& 4220 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN THIS ITEM HAS BEEN WITHDRAWN BY APPLICANT „,,tic. z ;€s 64e�' r-,!, akd6FMi NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Virginia Beach Convention Center, located at 1000 19,' Street, Virginia Beach,Virginia, on Tuesday,August 18,2020 at 6:00 p.m.,at which time the following applications will be heard: William Mark Conboy [Applicant] Conboy Construction Corporation [Owner] Conditional Use Permit (Residential Kennel) 3285 Indian Creek Road (GPIN 1387681885) COUNCIL DISTRICT-PRINCESS ANNE Green Clean South Military, LLC [Applicant & Owner] Modification of Conditions(Car Wash Facility)820 S Military Highway (GPIN 1456253633) COUNCIL DISTRICT - KEMPSVILLE Harris Teeter Properties,Inc.[Applicant]Brenneman Farm Retail Associates, LLC [Owner] Conditional Use Permit (Automobile Service Station) 4540 Princess Anne Road (GPIN 1476517896)COUNCIL DISTRICT-KEMPSVILLE Thalia Road Partners. LLC [Applicant] Wayside Village Shoppes, LLC & Willis Realty Corporation [Owners] Conditional Rezoning(B-2 Community Business District to Conditional B-4 Mixed-Use District)4216&4220 Virginia Beach Boulevard (GRINS 1477953769 & 1477955573) COUNCIL DISTRICT-LYNNHAVEN City of Virginia Beach[Applicant&Owner]Special Exception for Alternative Compliance South of 264, West of Parks Avenue,and slightly East of Parks Avenue,North of 18th Street,West of Washington Avenue,North of 17th Street, East of N. Birdneck Road (GPINs 2417661204, 2417866932, 2417778217, & 2417765489) COUNCIL DISTRICT-BEACH Michael James FitzGibbon[Applicant&Owner]Conditional Use Permit(Short Term Rental)2222 E Berrie Circle(GPIN 14 7 9 583 7 330002)COUNCIL DISTRICT-BAYSIDE Casey Kruemcke[Applicant&Owner]Conditional Use Permit (Short Term Rental) 133 Ackiss Avenue (GPIN 2417537816)COUNCIL DISTRICT-BEACH 3D Builder Investments,LLC[Applicant]Ralph Sloop&David Dowdy[Owners]Conditional Use Permit(Short Term Rental) 421 21st Street (GRIN 24270823850002) COUNCIL DISTRICT-BEACH John Lovering&Kristen Lovering[Applicant)John Lovering [Owner]Conditional Use Permit(Short Term Rental) 1718 Baltic Avenue(GPIN 24270730526750)COUNCIL DISTRICT -BEACH Timothy Handlon[Applicant&Owner]Conditional Use Permit (Short Term Rental) 2541 Seaview Avenue (GPIN 1570721176)COUNCIL DISTRICT-BAYSIDE Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbgov.com,l: .For information call 385-4621. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at iittos://vtikov.webex.com/vbgovionstaPe/gbho?MTID=ebf b7d17b5a0032325f5ee69376c2cf8f •Register with the City Clerk's Office by calling(757)385- 4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m.on August 18,2020 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303:Hearing impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON-AUGUST 2&9,2020-1 TIME EACH ,A° Id Al2 - -i �� -1. ' F` ' ® RpR ri LJ , 7 ,1_____, , , , , 6; aill It 64 ni rr- ZA ' * 0-1. 7- \,r_;1•1°, ir 264-- ---- 7 //1/-1-------- 7- ---- - ---------- ---------2-- dr, /1" / Ar Ai . '':1:,ri, _______—-- .7, ---,--7:47,1, d ,,,.. . _I,'in • 264 pavilion - ,- OR . : ;R' �4 'IA1A". AA 2 ' r,,,„za:°:__1 H_,.;,::::_' i Ir..' -A-12� 364-----> . A -, iti f�/ �� «: giro» f ...al ; , • S{j _mum _,ART3 :_, ,,,...-„,,,A.-- _. 13,\.," , • crarrp %�`'- e - f` ;0," f OR /� ' OR A-12 . hi I, ,,,, / * 0,,,,,,;',/,.. ,,,./ -..;...\r''' ,---- 1 •-\ _ c3- . , "•''—— / . . jejoisfiA, Z-._ - - *I OR i s- t2 A_36 • i -- _ ,:- -- ,i,' ---1 * \LI-.....:- /,-� 12 •i, f' . -\,- cRTt3 _ 36. .1 i -,1____ iir l /AA.— ------rt- \ '';'...- Is--Lire— \ — _ „tera . ©,,-*n-----.----1:1\-rr---t — ':°=1, R 5 -8----itiPE-0,B72-D. k--14-2\.1\--"\L-3,- ---3----'''' .04" *'' \",\, Al'7112(4<\'' .k.,...-,-,., c‘f,...f. ''1,':z 4-- —' \\ - Site City of Virginia Beach ,ael . South of 264, West of Parks Avenue, W--E Property_Polygons NsW and slightly East of Parks Avenue, North of 18th Street, ni Zoning West of Washington Avenue, North of 17th Street, Parking Lot Drive Aisle East of N. Birdneck Road Feet Building 0 80160 320 480 640 800 960 r_c,517 BEA,:, • F PC ;1'0 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Special Exception for Alternative Compliance (Recurring Outdoor Assembly Use & Open-Air Market Special Events) for the property located South of 264, West of Parks Avenue, and slightly East of Parks Avenue, North of 18th Street, West of Washington Avenue, North of 17th Street, East of N. Birdneck Road (GPINs 2417661204, 2417866932, 2417778217, 2417765489). COUNCIL DISTRICT — BEACH MEETING DATE: August 18, 2020 • Background: The Virginia Beach Convention Center (VBCC) and Virginia Beach Sports Center (VBSC) often utilize outdoor plazas and open areas on the campus in conjunction with the events taking place inside. Open-Air Markets, including food trucks, and outdoor Assembly Uses with stages, tents, and various displays will be temporarily deployed on an event-by-event basis. Typically, each special event requires its own permit, and the number of events that can take place annually is limited. Activities involving Assembly Uses and Open-Air Markets that are recurring or ongoing are regulated by a Conditional Use Permit, but the nature of these activities is consistent. In order to allow the rapidly changing and diverse set-ups to occur on a continual basis without additional administrative approvals, the VBCC and VBSC are requesting a Special Exception for Alternative Compliance. Special events that include temporary road closures in and around the VBCC and the VBSC campus will continue to follow the special events permitting application and review process. ■ Considerations: Section 7.3.3 of the Form-Based Code provides the `Review Standards' for Alternative Compliance applications, noting that the City Council shall consider the extent to which the proposal, taken as a whole, satisfies the standards. Staff determined and the Planning Commission concurs that the proposal meets these standards and recommends approval of this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: Planning Commission recommended this item for approval on the Consent Agenda on June 24, 2020. Due to an advertising error, the item is rescheduled for the City of Virginia Beach Page 2 of 2 August 18, 2020 joint session with Planning Commission and City Council. The recommendation for approval is subject to the conditions below. 1 . Concerts and amplified sound shall operate no more than two days per week and shall not exceed four hours in one 24-hour period. The concerts and amplified sounds shall end by 11:00 p.m., except for 10 nights per year during which concerts and amplified sound may continue until midnight. 2. Festivals shall operate no more than three days per week and not exceed ten hours in one 24-hour period. The festival shall end by 11 :00 p.m. 3. Indoor event overflow shall not exceed 12 hours in one 24-hour period. The event overflow shall end by 11:00 p.m. 4. Fire hydrants or fire department connections shall not be blocked or obstructed at any time. A minimum 12-foot-wide path shall be maintained for emergency access. 5. Temporary light towers shall not operate past 2:00 a.m. 6. Portable restrooms shall be removed from the site as soon as logistically possible upon the completion of any event. 7. When the Open-Air Market is operational, no less than one trash receptacle per 1,000 feet of sales area shall be available for use and emptied regularly so that litter and debris does not accumulate on site. 8. Open-Air Market operational hours shall be restricted to 7:00 a.m. to 8:00 p.m. 9. The Open-Air Market operations shall not interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7 City Manager: f' ' AApplicant& Property Owner: City of Virginia Beach Agenda Item Public Hearing August 18, 2020 B City Council Election District Beach 5 Virginia Beach Request Special Exception for Alternative Compliance (Recurring Outdoor Assembly Use & Open-Air Market Special Events) ' ' <.rs„is; ,.."-. I1 A 1j1111iIA V Staff Recommendation ' ,,.,,, „►, Approval l-fi .... N 0is'.I Staff Planner .. i.:. i!,� a 001 Via, Karen Creech j ' ' .1t. e". ssgo ' lit' 0110 Location South of 264, West of Parks Avenue, and rill slightly East of Parks Avenue, North of 18th ; �r�M��M g Y �'.\ 0�iLZ Street, West of Washington Avenue, North of I ! 17th Street, East of N. Birdneck Road 46:. 4171111 _g ,Nr,_rj `1 GPINs -NWM iA�� 2417661204, 2417866932, 2417778217, � S ., z o t� ./2417765489 __ ! �. Site Size 65 +/-acres AICUZ Greater than 75 dB DNL, 70-75 dB DNL Watershed ` 14 r�ee Chesapeake Bay, Atlantic Ocean a ' -'•"'1 ;. ='� Existing Land Use and Zoning District ' s -' - Civic, parking lot/OR Oceanfront Resort ,t, - � .➢ - Surrounding Land Uses and Zoning Districts t s4 ' North 2---- 3 * '' ' 1 .� `" ,r✓''�� 1 �-' Hotel apartments restaurant/ RT-3 Resort �s ,./?". " .' stt'`�"� ' ; * ? -,ate m • ,y fi",`�x ii� ".� 19tr `ie. 18o?.,reel Tourist, A-36 Apartment, OR Oceanfront Resort �,,I,T , t , _o . 4,- South y F( > 1 -` �-� , ,2 Retail, civic, residential, bulk storage / B-2 6 i e afa - e"'' 5tt,,"', Community Business, RT-3 Resort Tourist, A-12 ' f - `nagc3cha ' M1 A6ihst`eir+ y .. Apartment, OR Oceanfront Resort i•,,: , r_ r1 - : "74--- ' ""�3. eet,,,'1 � � �5tti SL1li ! East -d4 ,, . ,; !, rCivic (Fire/EMS/Library), commercial, hotel, ,";,! ,` is.'-v----)-..ek..-ler;- � .� taths�` restaurant/OR Oceanfront Resort 1-- / ..=i•'w <k4if .,.;.`.��,._ ' - ''',.. West Church /OR Oceanfront Resort City of Virginia Beach Agenda Item 5 Page 1 Background & Summary of Proposal • In July 2018, the Virginia Beach Sports Center was approved by City Council as a Special Exception for Alternative Compliance.The new facility is scheduled to open in November 2020. • The nature of the programming and events that will be hosted by the Sports Center and Convention Center campus requires flexibility related to temporary uses and associated support materials that will frequently be installed and removed with the everchanging audiences for the major entertainment events. Open-Air Markets, including food trucks; outdoor Assembly Use including stages, tents, and various displays will be temporarily deployed on an event-by-event basis.The special exception for alternative compliance is requested in order to allow the rapidly changing and diversity of set-ups to occur on a continual basis without additional administrative approvals. • The VB Convention Center (VBCC) and VB Sports Center(VBSC) often utilize outdoor plazas and open areas on the campus in conjunction with the events taking place inside.These events occur on a continual basis averaging 250 to 500 attendees. During larger scale events and festivals, the number of outdoor attendees could increase to 1,500. The event sites will be prepared well in advance and often by non-City employee production teams. The VBCC/VBSC campus will be managed and supported by 20 convention center staff, 15 sports center staff, and various contracted personnel hired to support larger events. On a very limited basis, the parking lots directly adjacent to the Sports Center may be utilized for large-scaled activities. The parking lot located to the west of the Sports Center contains 106 spaces while the parking lot north of 19th Street contains 138 spaces. On occasion outdoor events on the campus may be independent of the events simultaneously taking place inside the buildings. VBCC and VBSC staff will coordinate to ensure simultaneous events are compatible and accommodations for parking, restrooms, circulation, trash, etc. are sufficient to cover all needs. • Special events that include temporary road closures in and around the Sports Center and Convention Center campus will continue to follow the special events permitting application and review process. Zoning History ��-- # Request r A-18 ,, A-24 R•71,5 _11 ,tA-18,�/ .'R 1 MEV(Sports Center&Convention Center Signs)Approved �-Z �'18y% --R7.5 P 1 . 'R • ( P g ) PP f ��R�` r —�1'' 1% A-18 OR ` •R ort 11/12/2019 /�' °R _ - •R 2 ALT(Sports Center)Approved 7/03/2018 :a 3 ALT(Arena)Approved 03/17/2015 fyff7> OR , 3 MEV(Arena Signs)Approved 03/17/2015 44- °R 4 STC(Jefferson Avenue)Approved 10/04/2005 �►��2� /,�.,,. 5 STC(Monroe Avenue)Approved 10/04/2005 �� , C 6 STC (Washington Avenue)Approved 10/04/2005 A-12 Kyz /�1. j� i °R 7 STC(Norfolk Place)Approved 10/04/2005 R 1'2A•36� - T-3`•`y� 5s 8 STC(alley east and west of Parks Avenue between 18th St a-2 / / ' T-� ,. A;1eF- •D,L and 19th St)Approved 10/04/2005 1115 � ! R 5l� B-2 A 1` / „A1 R-5D ` 9 STC(Parks Avenue)Approved 10/04/2005 z B2 v ^ • V/2":-,,,(,/.1.12 DI 1 1 10 CUP(church-expand parking lot)Approved 12/03/2002 R-10 �A-12q� 2 3 R-50 A-18 �n1 ;14-1 ,Vj ,, �..--- 11 STC(alley between Virginia Beach Blvd and 18th St) Approved 01/12/1999 12 REZ(RT-3 to A-36)Approved 09/28/1999 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance City of Virginia Beach Agenda Item 5 Page 2 Recurring Special Event Locations 21stStteet . _ 26a i _ C 19t treat _ 01.1 i m 1 (' o r .4 :1 :14 t �� v�rg;n�a B eaoh g1vd. ,it __. -.4.-74-„, . . .....,:,. , _ - — Imo, , .: ,, ,ter_,.-,- f _�- Sponsor Act,vations r Very L united Use. Outdoor Assembly Use /Open Air Market The proposed recurring outdoor event spaces are located along both 17"Street and 19'Street while being closely associated with either the Convention Center or Sports Center buildings. The pink indicates plaza space and the purple highlights the two parking lot areas, in which large format sponsor activations can occur. An activation will change the look and experience of these areas, as they are transformed from vehicular parking to pedestrian in nature, as visitors interact and participate in the temporary event set-up. City of Virginia Beach Agenda Item 5 Page 3 Outdoor Assembly Site Layout (Sample Layout- Sports Center Plaza): i t : ram%uorsarn , WM.rk-nwt oxx It I , IMF 4bF 03 a.WW1 4' Wwr/cmeewnr�.we. 1 a xrrn�ua[ `'_^_--�' fM -..N. r<, /.1"67 m d1 / POIMAYCW 8r •ii# � S@ + t .. FI . • y • POND i _ ` I a� f I 1 ; :' 1 \+xa yvr ,ra I/ i ; , .n,.w.n, -r �reovurws+c n.. A M V MU lia,6!tM a..IQ�R.< /1 • -f. R MU coat Ar 1 / : . Legend: 1 - t,,I t! -is - 111 Large Tents 2 A /, I 1 v! ,..„� ®lOx10 Tents-Retail Sales � nn er,+w.a ` x b-.. . 10x10 Tents-Alcohol Sates M h { Food Truck Ott♦► ;' . ,•4 h 7 . t . •. -.. - 4 ••. Outdoor Assembly Timing and Duration: Concerts: - Up to 2 days per week (This could be a weekly occurrence) -A typical duration would be 3-4 hours - Between 7 am - 11 pm Festival: - Up to 3 days per week(This is not a weekly occurrence) -A typical duration would be 4-8 hours - Between 7 am - 11 pm Indoor event overflow: - Up to 7 days per week (2-3 days will be typical, but could occur up to 7 days a week) -Could occur for up to 12 hours - Between 7 am - 11 pm * It is anticipated that most events will end and be broken down by 9:00 pm or sunset Outdoor Assembly Description In the plaza space activities are anticipated to include food vendors, alcohol sales, retail sales, activations provided by event sponsors, staged performances, public speakers, and amplified music. Each of these will be coordinated with the events being hosted interior to the building so that there are no conflicts between organizational values, age groups, or event topics. The ability to host and accommodate changing needs seven days a week is important for this site, as events will be starting, stopping, and transitioning on timetables that are outside of a standard Monday—Friday work week. An emphasis on weekends is anticipated as attendees may travel to Virginia Beach for long weekends and on occasion there will be week-long bookings for larger scale events. City of Virginia Beach Agenda Item 5 Page 4 Large Tents: Installed in the plaza are two sets of embedded anchors that are spaced to accommodate a 30'x30'tent structure and stage set-up. One tent aligns with the main Sports Center entrance and is oriented to the east while the other is oriented towards the south and would allow for a larger audience to assembly interior to the plaza. Power has been installed and is available to serve these locations. bl _CN.tY'F�iM1iF i as l_. IRGE+iDiM aat,:c‘OS CO1NkC7 RIMFA Oa/VM 24a A`1itJft.YUlc:M,YNS / SOON$?l. •UIE � f F A„.„ {[ Y .: jz y'*a• Oai alp �._. r i.... 9Ilt --•.. : ,:f L'r ?fi ad,E OND \ 3 II r\ g .,` # ( t'•. , MfQ k XI'PI ISP, ` o*at r MAW WIRER 1,vta:ai Embedded this 10Ca1IOn r 8PTK EMI'GIDs ixl7t»,Y5 .y Anehom at i !' € 1 : - ► i.:11 j ill 14 tfacvtwaa ?'CS 1 } 2swea / «-- III .,.--...._- jrCUllet MEip7f{.pL�pt aU�R I. ti't 1 ` it +M I I . ‘i _ �. 014 � 04, air � i _,,,.a t ��».tx �__ mom}} a 0 la .., - } , t , .i —is ate'= 1i. 1 4. . i _ •, a a, n o_ . .•, rr 'i• o i Y - , .,, OW i.a li i ea a ao• Entertainment and Music: The plaza space provides an opportunity for outdoor programming. While this is not an exhaustive list, it provides an example of the variety of activities,activations, and performances that could occur within this space. Music will be introduced in the form of live performances and Ws with amplification and speakers.There will also be opportunities for speakers and event related demonstrations that will also utilize amplification to easily reach those gathered in this large space. During certain festivals a more carnival like atmosphere may take over the plaza and could include bounce houses,trampolines, inflatable games, and street performers from jugglers to acrobats. There are very few residential units at the periphery of this site that could be disturbed during events. Merchandise Sales: Both retail and sponsor tents are anticipated to be 10'x10' but larger sizes can easily fit within the plaza in a variety of layouts to meet the needs of each new event. Power is located along the building and will be easily accessible within the plaza. It is possible that there will be scenarios in which tents could remain in place for multiple days along with tables, chairs, display structures, and various amounts of equipment. In these instances, no retail or sponsor materials shall be stored on-site overnight, and tent enclosures will assist in closing the site overnight for multi-day events. City of Virginia Beach Agenda Item 5 Page 5 Food Trucks and Vendors: The opportunity to have a variety of mobile food vendors set-up in the plaza space allows for the support of events and attendees across the campus. Larger events may desire to bring in multiple food trucks while smaller events or festivals may desire a smaller cart-based offering of ice cream, coffee, or other specialty items. It is anticipated that food trucks will enter the plaza via the southwest access path and remain in the southern portion of the plaza where power is readily available eliminating the need to run generators as a part of the operation. If food trucks are set-up outside of the plaza space, generators will likely be a part of their operation. Each vendor will be responsible for bringing their own water and supplies to the site. Waste receptacles will be available and managed by the Sports Center to meet the 1 per 1000 square feet of sales area requirements and to be emptied regularly. Alcohol Sales: On-premise, off-premise, and specialized sales that meet ABC permit and license requirements may occur on this site on an event-by-event basis. All ABC requirements will be met when serving alcohol within a contained and secured area. When alcohol is being served during an event, staffing will include on-site security. Temporary Lighting and Potential Future Installations: Currently, the lighting in the plaza consists of six pole mounted lights, two are adjacent to the stormwater pond and four are adjacent to the building, as well as a few bollards with lights. It is anticipated that truss hung lighting associated with stages or gateways may occur for larger events. The directionality of this type of lighting should be towards the on-site events in order to avoid light spillage off-site. Additional temporary light towers may be utilized to provide additional illumination when needed for safety or to illuminate areas during altered uses. The potential for adding a catenary lighting system was explored previously during the design phase and could be installed at a later date to provide additional lighting, examples of this type of system are included for reference but do not represent a final system design. • ` • , • • •' • : . * •- • '4�, • •• • : • I • • ` :' `"-~'>"----: '" p r all i irk i tlimmomo — ;ter 1 Lighting (Examples Only) s1�1.=-ter" 0 loi, 1 :17::::.:::2t1: ."lbwl' r" ili:\ -- .: , II City of Virginia Beach Agenda Item 5 Page 6 Temporary Restrooms: The Convention Center and Sports Center will provide adequate restroom facilities for most events, but on occasions the need to include portable restroom units installed exterior to the buildings will be necessary.The most recent example shown below, coordinated the location of the units to be adjacent to a transportation staging area during Something in the Water 2019. It is anticipated this need will occur only occasionally and to accommodate very specific demands throughout the year. � i g %F -• . v, c ' s# ue .rat• • ,yr � f. .'y'' ill 1a 7 .. -'I .�j d - '., , xi 1 A . . . . r . se al • •� I I i� I- ® s�hp { a - 1 ; Temporary Barriers: On occasion it may be necessary to add temporary barriers as part of an event set-up. Examples of lightweight and easily movable barrier fencing is provided below. Lrill[ II�T' .. liiillit i ... „....__ ,„,..,, rn.,,,,,, 1 ,...,,,,.,„.. _ ....., ...„.„,„„,_ ,14 ii..., Temporary Art Installations: There may be an opportunity for spaces around the Convention and Sports Center to host temporary art installations associated with an event.The neighboring ViBe Creative District and Virginia Museum of Contemporary Art(MOCA) could partner in these efforts due to their proximity and eagerness to engage the public in creative ways. • f 4 ,,,... ,,‘ ,,,,. _____:, , .. ....,__ , ,, ,. , Ai It ill . , .. , City of Virginia Beach Agenda Item 5 Page 7 Open-Air Market Site Layout (Sample Layout- Sports Center Plaza): \ A- • flrJ sitar M COM!lima °00\\ r, MIMI -.\ 40Ce,,.,6.10.7 901_,ACS 4FICralEit '''•., _ ___--___ - 74 A� Op•{:i R C1N n't/Mb T, �..- t 011,1011011 7 :ern c a .:.. • i ��.MI - fk '�•� ON --\ J 1 MI ,�q - POND / \ I II ! « • I QV ,._ \ �d sir - ?CI t , '? L �t.4muM*. t MM.LEMING Ylo. 30x30 f = •:ks / 1 nt f••5 -- = • Legend t1• 1 ,{ - s • Large Tents .. ,,„______ 4 '- ,. j^4 10x10 Tents-Retait Saes M7.:4. tJMW VI CR$;... HM (OA'" e �___ I° moo ��t�r, l t bs i 4 ::.• 0[] Food Truck • I .n"Ada a in iy�rni1 , •iirt --f- w Open-Air Market Timing and Duration: - Up to 2 days per week (This could be a weekly occurrence) - Duration will be event dependent but typically no more than three days per week - Between 7am—8pm Open-Air Market Description: The Open-Air Market could fill the entire plaza or only occupy a small portion of the 35,000+/- square feet available. The campus setting provides thousands of parking spaces and most of those attending the market will likely be attendees to the scheduled events at the Sports Center or Convention Center.There is a drop off zone at the north end of the plaza and a bicycle rack along the southern edge of the plaza so attendees may arrive by a variety of modes. Merchandise booths are likely to be 10x10 and easily assembled and disassembled by each vendor. Larger tent setups can also be accommodated as the space allows for flexibility when setting up temporary configurations. It is anticipated that these markets will operate as pop-up venues and merchandise will be removed at the end of each day with no overnight storage on-site. Waste receptacles will be available and managed by the Sports Center to meet the one per 1,000 square feet of sales area requirements and to be emptied regularly. City of Virginia Beach Agenda Item 5 Page 8 Evaluation & Recommendation As noted in the Background section of this report, Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. Each of those standards is listed below, with a Staff comment pertaining to the degree to which the proposal meets each: Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: • Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: The areas in which outdoor events are planned include ample sidewalks for pedestrian movements, and bicyclists will find plenty of racks for bike storage. Transit routes move past the Convention and Sports Center Campus on multiple sides including HRT Route 960 along Parks Avenue and Route 20 along 17th Street. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: The layout of the Convention and Sports Center campus and associated parking will have pedestrians moving around the campus to reach events. The 19th Street corridor and streetscapes will be a destination for visitors as they move into either the Convention Center or Sports Center. This is reflected in anticipated locations of outdoor events along this corridor in order to easily provide visual interest and orientation if moving between the Convention Center, Sports Center, and adjacent ViBe Creative District. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The activation of outdoor plaza spaces and parking lots on a few occasions will assist in making participation in the events at the Convention Center and Sports Center memorable for attendees and provide a positive impression that will make each visitor want to return for future events. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code.Staff Comments: The frontages along 19th Street consist of Gateway and Shopping designations. The Gateway designation is for primary routing to and through the Oceanfront Resort Area that also provides accommodations for pedestrians. The Shopping designation toward the east end of 19th Street in front of the Convention Center begins to signal the transition into the ViBe Creative District, east of Parks Avenue, that will offer smaller storefronts, opportunities for shopping, increased pedestrian crossings, on-street parking, and slower moving traffic. • Is physically and functionally integrated with the built environment in which it is located.Staff Comments: The Convention and Sports Center campus is designed to accommodate events that need both indoor and outdoor space. Glass fronts on the buildings allow visitors to observe activities that are occurring both inside and outside. • Advances the goals and objectives of the parking strategy for the District.Staff Comments: The layout of the Convention and Sports Center campus will allow visitors to park once and walk to all the events on the campus, as well as to the neighboring streets for restaurant or retail experiences utilizing a park once strategy. City of Virginia Beach Agenda Item 5 Page 9 • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated.Staff Comments: The campus setting is largely isolated from other land uses except for a hotel and residential apartments along 19th Street across from the Sports Center and its associated parking. A small portion of 17th Street may see activity when the parking lot to the West of the Sports Center is used for events and currently the neighboring land uses consist of storage, a convenient store and retail shopping. The recommended conditions include time limits to end events and clean up hours in order to not disturb those adjacent to the site. Based on the conclusion that the proposed use and associated structures satisfy the standards above to the greatest extent possible, Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code. Recommended Conditions 1. Concerts and amplified sound shall operate no more than two days per week and shall not exceed four hours in one 24-hour period. The concerts and amplified sounds shall end by 11:00 p.m., except for 10 nights per year during which concerts and amplified sound may continue until midnight. 2. Festivals shall operate no more than three days per week and not exceed ten hours in one 24-hour period.The festival shall end by 11:00 p.m. 3. Indoor event overflow shall not exceed 12 hours in one 24-hour period.The event overflow shall end by 11:00 p.m. 4. Fire hydrants or fire department connections shall not be blocked or obstructed at any time. A minimum 12-foot-wide path shall be maintained for emergency access. 5. Temporary light towers shall not operate past 2:00 a.m. 6. Portable restrooms shall be removed from the site as soon as logistically possible upon the completion of any event. 7. When the Open-Air Market is operational, no less than one trash receptacle per 1,000 feet of sales area shall be available for use and emptied regularly so that litter and debris does not accumulate on site. 8. Open-Air Market operational hours shall be restricted to 7:00 a.m. to 8:00 p.m. 9. The Open-Air Market operations shall not interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic, or overflow parking. 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. City of Virginia Beach Agenda Item 5 Page 10 Comprehensive Plan Recommendations Since the first Resort Area Strategic Action Plan (RASAP) was completed in 2008 a variety of projects have been completed showing progress and success in implementing the plan. Transforming the resort area into a year-round, world class urban resort destination that transitions into vibrant diverse neighborhoods was the foundation of the 2008 plan. Many of the guiding principles from this plan remain embedded in the draft 2030 RASAP plan approved by City Council on June 2, 2020. Additions to the 2030 plan include a focus on providing high quality spaces, as well as, experiences for both locals and visitors in order to attract and retain talent, achieve a high rate of return on investments and have visitors that repeatedly return to the area. This updated plan continues to show three distinct yet complementary districts: Laskin Gateway, Central Beach, and Rudee Marina that are envisioned to extend the energy at the beach into the adjoining blocks of these districts through streetscape improvements, connective uses, and view corridors. The Convention Center and new Sports Center anchor the west end of the Central Beach District. These large format venues for conventions, sports, and entertainment occur in a campus like setting that creates a pedestrian-scaled mixed-use entertainment district geared towards year-round activity for residents and visitors alike. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign was placed on the property on or before May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • 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 August 11, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. City of Virginia Beach Agenda Item 5 Page 11 /1/4B Virginia Beach APPLICANT'S NAME City of Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes • Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure Review Board) Franchise Agreement (Historic Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance _-Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE r0R CITY USE ONLY/All disclosures must be updated two 1? ti*r R rr+Ir to amv Page 1 of 7 =nning Commission and City Council meeting that pertains APPLICANT NOTIFIED OF HEAR'' DAIF 8-11-2020 ;a.,.., Cu."-, El NO CHANGES AS OF Des' 8.11-2020 a 41-% REVISIONS SUBMITTED DP- Disclosure Statement NN/3 Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. riCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.City of Virginia Beach If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onl'jfproperty.owneris different from Applicant. IX Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 City of Virginia Beach Agenda Item 5 Page 13 Disclosure Statement �18 _ oe- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 City of Virginia Beach Agenda Item 5 Page 14 Disclosure Statement NIB APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets it needed) nEi Accounting and/or preparer of t your tax return J n Architect/Landscape Architect/ l Land Planner Contract Purchaser(if other than❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • EiConstruction Contractors nEngineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElCI Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 City of Virginia Beach Agenda Item 5 Page 15 Disclosure Statement .11/4B Virginia Beach CERTIFICATION: 4 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. id.. ./� � Robert J.Tajan 5/4/2020 n PROPERTY OWNER'S IGNATURE PRINT NAME DATE ♦ Director of Planning signing for the City of Virginia Beach -Owner Page 5 of 7 City of Virginia Beach Agenda Item S Page 16 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) nAccounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 City of Virginia Beach Agenda Item 5 Page 17 Disclosure Statement N/B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA i meeting, or meeting of any public body or committee in connection with this Application. �a—L i / '� Robert J.Tajan 5/4/2020 PROPERTY OWNER'S ICNATllRE PRINT NAME DATE Director of Planning signing for the City of Virginia Beach -Owner Page 7 of 7 City of Virginia Beach Agenda Item 5 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. City of Virginia Beach Agenda Item 5 Page 19 The verbatim of the June 24,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#9. City of Virginia Beach Special Exception for Alternative Compliance South of 264,West of Parks Avenue,and slightly East of Parks Avenue, North of 18th Street,West of Washington Avenue,North of 17th Street,East of N.Birdneck Road June 24,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications we recommended for approval by Staff and the Planning Commission concur. There are no speakers signed up in our position. Planning Commission faces the following applications on the Consent Agenda items, one, two,and nine. Planning Commission also,places the following applications for the conditional use permit for short term rentals on the Consent Agenda as they meet the applicable requirements of section 2/1.2 of the zoning ordinance Staff and Planning Commission supports the applications.And there are a no speakers signed up to comment items, 10, 12, 13, and 14. Before I make a motion, I will pause the staff to confirm that there are any speakers now positioned in the lobby or building 19 again, that is items 1, 2, 9, 10, 12, 13, and 14. Mr. Landfair: There are no known speakers and opposition. Mr. Weiner: Thank you, sir. I move that the following items be approved for the Consent Agenda items 1, 2, 9, 10, 12, 13, and 14. Ms. Oliver: Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Right. Hearing a second, a motion has been approved for the applications of 1, 2, 9, 10, 12, 13, and 14 as noted has been made by Commissioner Weiner and seconded by Mr.Alcaraz. Are there any Planning Commissioners abstaining on these items can be deferred. If not, staff will verbally call for the vote, and Marchelle. Ms. Coleman: If you are in favor of the motion say, yes. And if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman:By a recorded vote of eleven, for, and zero against, the following Items, 1, 2, 9, 10, 12, 13, and 14 have been approved by consent. Ms. Oliver: Thank you, if you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting, Staff will contact you about the date,so,that others may attend in the chamber please exit via the side door,if you are watching virtually you are free to exit or stay and watch. Thank you for your participation today. The next order of business is the Regular Agenda and Staff will introduce the first application. 2 Ms. Klein: Mr. Horsley, do we needed to do a declaration in regard to the first one you did it in informal, but if you would repeat that please on the William or Conboy application. Mr. Horsley: Yes madam, I just wanted to lay the fact that we do farm in that little piece of land about two and a half or three acres inform us through Conboy's house and it is no economic benefit to us. Ms. Oliver: There are three applications on the Regular Agenda item 3, 7, 11, and 5 due to the large number of speakers for item five today, I do have a motion to reorder the applications to hear item three first, seven next, followed by item 11,and then item 5. Do I have a motion please? Mr. Weiner: Madam Chair, I move to follow the changes in order of the items to 3, 5, 11, and 7. Ms. Oliver: No. We are going to change it to 3, 7, 11, and 5. Alright I need a second please. Ms. Oliver: Alright. Grate. The Staff call for the vote please. Ms. Coleman: If you are in favor of this motion say, yes. And if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. 3 Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of eleven, four and zero against you have approved reordering the agenda as numbered. Ms. Oliver: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 4 leg-2 % / O ' // 1- R-� R-10 ft' ft q/exa ° AtO/ B 2 n(144 ib 2 i4 wi 1 tI1 i ftICR-b ///, PI B-2 �� 4 i • \ / , 7 , -- B_2.* i R_ p O l **4 4,1' o i i ' i _ \ .,,„, A"L1 O oa o _ / ,_ __-,----____ / t- ; 44W,a- // I i � O /0*,--I,*. h• i i ► = ivdr'Road 0 ` R=10 __ INS,\ (A Site w '�4 e j Property_Polygons Green Clean South Military, LLC ?�y_ 820 South Military Highway Zoning S L Parking Lot Drive Aisle Feet I-1 D.ma,-li.,,. 0 25 50 inn 15n 2nn 75n Inn is -� f.; `l (? T) c, L�4w:N: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: GREEN CLEAN SOUTH MILITARY, LLC [Applicant & Property Owner] Modification of Conditions (Car Wash Facility) for property located at 820 South Military Highway, (GPIN 1456253633). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: August 18, 2020 • Background: A Conditional Use Permit was previously approved for a car wash facility on the property in 2007. The applicant is now requesting a Modification of Conditions to redevelop the site with a new 3,300 square foot car wash building with 19 vacuum stations. • Considerations: There are multiple properties along this portion of South Military Highway that are commercially zoned and support retail, service and industrial uses. The proposed orientation of the building will limit the visibility of the vacuum stations from South Military Highway and reduce the sound impact to residences east of the site. Currently, there are multiple vehicular ingress/egress points on the southern and eastern sides of the property. However, there is no direct connection to South Military Highway. As shown on the submitted concept plan the number of ingress/egress access points for the property will be reduced to one, to be shared with an adjacent pharmacy via a shared access easement from South Military Highway. This ingress/egress point is 280 feet from the intersection with Indian River Road. This access includes a turning lane. There is a legally non-conforming freestanding display sign on the southwest corner of the site. Consistent with the practice of addressing non-conforming signs, a condition is recommended requiring removal of the sign and that all new signage comply with the current regulations. The applicant is agreeable to this condition. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On June 24, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. Due to an advertising error, the item is rescheduled for the August 18, 2020 joint session with Planning Commission and City Council. Green Clean South Military, LLC Page 2 of 3 1 . When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan", prepared by Kimley-Horn, and revised 4/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site layout exhibit entitled, "Concept Plan", prepared by Kimley-Horn, and revised 4/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building, all doors, garage doors and windows shall be neutral earth tone colors and shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Exterior Elevations", prepared by SBA Studios, and dated 3/25/2020, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 5. The operation of the car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. The legally non-conforming electronic display sign shall be removed and replaced with a freestanding sign with a two-foot brick or matching building material base. Unless otherwise approved by the Board of Zoning Appeals, the freestanding sign shall be no taller than eight (8) feet in height measured from the ground to the top of the sign. Green Clean South Military, LLC Page 3of3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:f2P Applicant & Owner Green Clean South Military, LLC Agenda Item Public Hearing August 18, 2020 City Council Election District Kempsville 2 Virginia Beach Request Modification of Conditions (Car Wash Facility) a �H ar �°� � J I aw Staff Recommendation a 8 ' Approval a X �� s X as i s L Staff Planner T,"tow,Avow* a >_ Jonathan Sanders ..,�@ - 1 ` n R vo,R 1 i i Location v °� al i ' 820 South Military Highway e„ *°4 e^uc v! 4" fp e GPIN J 1456253633 i � 41i Site Size L 33,391 square feet iiimiF I AICUZ i *' fr AN Less than 65dBDNL , Watershed Chesapeake Bay Existing Land Use and Zoning District Car Wash/ B-2 Community Business ... f Surrounding Land Uses and Zoning Districts :,; North Auto Sales / I-1 Light Industrial < South Pharmacy/ B-2 Community Business East Pharmacy, single-family dwellings/ B-2 Community Business • West Ind.:n -i'e. -o- n, South Military Highway Office / 0-2 Office Green Clean South Military, LLC Agenda Item 2 Page 1 Background & Summary of Proposal • The 33,391 square foot site is developed with a Car Wash Facility, which received a Conditional Use Permit in 2007. The applicant is requesting a Modification of Conditions to the Car Wash Facility to redevelop the site with a new 3,300 square foot car wash building with 19 vacuum stations. • The site was part of a larger Proffered Conditional Rezoning request to build the adjacent pharmacy,that required exterior building colors to be primarily neutral earth tones. • Currently,there are multiple vehicular ingress/egress points on the southern and eastern sides of the property, connecting to the pharmacy on the adjacent parcel. However,there is no direct connection to South Military Highway. The submitted concept plan depicts reducing the number of ingress/egress access points to one along the southern property line, thereby eliminating the ingress/egress on the eastern property line. • The Zoning Ordinance requires three parking spaces for the use within a building of this size. A total of 19 parking spaces, each with access to the vacuums, are depicted along the southern side of the property facing the pharmacy parking lot. • The building is designed with a synthetic wood and brick facade.The proposed elevations are depicted on page eight and a color rendering is depicted on page nine of this report.Two pay stations for the car wash include a curved canopy and are shown on page 10 of this report. • A note on the concept plan indicates that the existing street frontage trees on the property are to remain. Four trees and shrubs along the parking lot with vacuums are provided.Additional landscape review with occur during final site plan review. • There is a legally non-conforming freestanding electronic display sign on the southwest corner of the site. Consistent with the practice of addressing non-conforming signs,Staff has recommended a condition that the sign be removed and that all new signage comply with the current regulations.The definition for Electronic display signs:A component of a sign containing light emitting diodes (LEDs),fiber optics, light bulbs, plasma display screens or other illumination devices, or a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals,that are used to change the messages, intensity of light or colors displayed by such sign.The term shall not include signs on which lights or other illumination devices display only the temperature or time of day in alternating cycles of not less than five (5) seconds. • It is anticipated that up to two employees will be on the site at any one time. The proposed typical hours of operation will be from 8:00 a.m. to 8:00 p.m., daily. Green Clean South Military, LLC Agenda Item 2 Page 2 Z575 4nip 42 Q� Zoning History , © # Request j%4ii 2 C20 3 CRZ(1-1 to Conditional B-2)Approved 03/03/2015 1:7 CUP ) roved Auto Sales&Service A 03 03 ( PP 2015/ / 4 MOD(Religious Use)Approved 01/15/2019 CUP(Religious Use)Approved 01/05/2016 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—SubdivisionVariance Evaluation & Recommendation The Modification of Conditions of the Conditional Use Permit for a Car Wash Facility is acceptable. There are multiple properties along this portion of S. Military Highway that are commercially zoned and support retail, service and industrial uses. The proposed orientation of the building locates the vacuum stations away from the front and back of the site, which will limit the visibility from the South Military Highway Corridor and reduce the sound impact to the residences to the east of the site.The quality building materials and color scheme meet the standards found in the existing proffer agreement and as recommended in the Military Highway Corridor Suburban Focus Area.The investment in redeveloping the site will contribute to enhancing the South Military Special Economic Growth Area corridor, as outlined in the land use policies of the Comprehensive Plan,which states that redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping. Staff has recommended a condition to limit the hours of operation from 8:00 a.m.to 8:00 p.m.to limit noise, as the back of the site is within 150 feet of the single-family dwellings in the Westview Village neighborhood, but is separated by a portion of the B-2 Community Business District zoned lot for the pharmacy. There is a legally non-conforming freestanding electronic display sign on the southwest corner of the site. In 2009,the City Council directed the Planning Commission to review electronic display message signs. In 2010,the Council adopted an ordinance to not permit electronic display signs, except for major entertainment venues and gas station fuel price signs. Therefore, Staff has recommended a condition that the existing non-conforming freestanding electronic display sign be replaced with a monument style sign with a brick base, no taller than eight feet. Staff recommends approval of the application subject to the conditions listed below. Green Clean South Military, LLC Agenda Item 2 Page 3 Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan", prepared by Kimley-Horn, and revised 4/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site layout exhibit entitled, "Concept Plan", prepared by Kimley-Horn, and revised 4/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building, all doors, garage doors and windows shall be neutral earth tone colors and shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Exterior Elevations", prepared by SBA Studios, and dated 3/25/2020, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 5. The operation of the car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. The legally non-conforming electronic display sign shall be removed and replaced with a freestanding sign with a two-foot brick or matching building material base. Unless otherwise approved by the Board of Zoning Appeals, the freestanding sign shall be no taller than eight(8) feet in height measured from the ground to the top of the sign. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as within the Military Highway Corridor Suburban Focus Area. The general pattern of land uses along this one and one half mile corridor has remained essentially unchanged for decades. To the west is a low to medium density residential area and to the east are light industrial uses including auto Green Clean South Military, LLC Agenda Item 2 Page 4 and truck sales, rentals, and repairs, outdoor storage,and warehousing.The land along Military Highway south of Indian River Road is used and zoned for commercial purposes. It is recommended that new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic — South Military Highway 48,100 ADT1 74,000 ADT1(LOS 4"D") Existing Land Use a_432 ADT Proposed Land Use 432 ADT 'Average Daily Trips 2 as defined by a car wash 3as defined by a new car wash 4 LOS=Level of Service facility facility Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • 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 August 11, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. Green Clean South Military, LLC Agenda Item 2 Page 5 U N l0 J C J C up i d l6 f0 N on L Q c o w.rw...,....-- s+'w'-. 1 In ..a,w.r.waa... 3/ ,"" co All _TUBawn s&s4,12w .., .• ••"""••,'•' QJ • i U • fir" I • 1410,, • • -• , \ 1� — i t _ _ II '� — ,'ir .... n. ,.,.e J - -1 .a a v—v i,V L I { oe.74.541,1 II / , . .„,...„... ,”yam �.r ,,:\ ul w...... Q _I I i1 • •- iul I -:if:. • a) tn CD 4-0 IA Proposed Site Layout 44 -• V 5 1• . if i • ro ` MI as it { • Q A _ Pill - - : .V ",44 by i. ." v1 434 t * i 1Q _ i " , w 1; $ K �1MINE t t\, F r t t i. I 't ji 3�g O ito t t a r if (116115 COY, I l F ren fos J iiit. .s CD Green Clean South Military, LLC Agenda Item 2 Page 7 Proposed Elevation Plan z : E w o r a ., # 0 f .4 1 z84 4 o ; E-- t rti- - . q �LI * in- i �t r- r i - - C _ I] / ° 0/0 mu i- 1 ° -. -I ,-IIIM J t I- -1 ,- ,n. _ Oil p___ ,-1 _ r �I. ,-N�' 1 0.— } i o 0 W X n O N w a M G Green Clean South Military, LLC Agenda Item 2 Page 8 Rendering IIP .I I_! r `3 0 '3 - . 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" • ' I*te`- i •, -' ' ."' • .„0- .4,4 -.,;- ,., .„ . . •V -,--,', ,.. . , '- • '-: • . ---------\ '' •'' . • . ,. ‘ .` 'ry,,-..,,.. ‘ ,,• '• ,- : s' _..-------- •, . s - t' • -4..- i,.. .." :..„, ---- 0, \Ili- . .„. • •,.- • - I 4.1'.c II•• -9, ,. - . . . .... --• -- „ -- - ti4tift. -,:Atit..--..,,r-'..^-.‘;-,'.: ..-A- -,,,---• ,i,(,,, - - ,,-4.:'..A. •••,--,........ "N: .' ,lii,';:t,• •'-', Green Clean South Military, LLC Agenda Item 2 Page 11 Site Photos AVN N , .41 iet.g.. ---' .1,. r : 1 '- 4 ti . II, 7;1! ' _______ _,, , * 4-q,, 11.. Green Clean South Military, LLC Agenda Item 2 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME Green Clean South Military, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated uric, _ r to any Page 1 of 7 Planning Commission and City Council meeting that pertains t ns) 0 APPLICANT NOTIFIED OF HEARING DAT E ® NO CHANGES AS OF DATE 08/05/2020 JS REVISIONS SUBMITTED DATE Green Clean South Military, LLC Agenda Item 2 Page 13 Disclosure Statement NB, Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Green Clean South Military, LLC If an LLC, list all member's names: Green Clean Holdings, LLC, Shawn Everett, Dan Raliegh, Craig Van Bremen If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Green Clean Holdings, LLC See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Green Clean South Military, LLC Agenda Item 2 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship'. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 "Affiliated business entityrelationship- means "a relationship, other than p" parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code y 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Green Clean South Military, LLC Agenda Item 2 Page 15 Disclosure Statement Mr3 APPLICANT Virginia Beach YES i NO] SERVICE PROVIDER(use additional sheets if needed) EE Accounting and/or preparer of Barnes Brock Cornwell Heilman L� your tax return X I n Architect/ Landscape Architect/ Kimley Horn,SBA Studios I Land Planner Contract Purchaser(if other than IIXII the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 X Construction Contractors nn Engineers/Surveyors/ Agents Kimley Horn Financing (include current Atlantic Union X — mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IX n Legal Services Jerry Bowman Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Green Clean South Military, LLC Agenda Item 2 Page 16 Disclosure StatementcISB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1.2-N B.Shawn Everett 4/8/2020 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Green Clean South Military, LLC Agenda Item 2 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Green Clean South Military, LLC Agenda Item 2 Page 18 The verbatim of the June 24,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#2. Green Clean South Military, LLC [Applicant&Owner] Modification of Conditions(Car Wash Facility) 820 S. Military Highway June 24,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications we recommended for approval by Staff and the Planning Commission concur. There are no speakers signed up in our position. Planning Commission faces the following applications on the Consent Agenda items, one, two,and nine. Planning Commission also,places the following applications for the conditional use permit for short term rentals on the Consent Agenda as they meet the applicable requirements of section 2/1.2 of the zoning ordinance Staff and Planning Commission supports the applications.And there are a no speakers signed up to comment items, 10, 12, 13, and 14. Before I make a motion, I will pause the staff to confirm that there are any speakers now positioned in the lobby or building 19 again, that is items 1, 2, 9, 10, 12, 13, and 14. Mr. Landfair: There are no known speakers and opposition. Mr. Weiner: Thank you, sir. I move that the following items be approved for the Consent Agenda items 1, 2, 9, 10, 12, 13, and 14. Ms. Oliver: Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Right. Hearing a second a motion has been approved for the applications of 1, 2, 9, 10, 12, 13, and 14 as noted has been made by Commissioner Weiner and seconded by Mr.Alcaraz. Are there any Planning Commissioners abstaining on these items can be deferred. If not, staff will verbally call for the vote, and Marchelle. Ms. Coleman: If you are in favor of the motion say, yes. And if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. 1 Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of eleven, four and zero against the following Items, 1, 2, 9, 10, 12, 13, and 14 have been approved by consent. Ms. Oliver: Thank you, if you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting, Staff will contact you about the date, so,that others may attend in the chamber please exit via the side door,if you are watching virtually you are free to exit or stay and watch. Thank you for your participation today. The next order of business is the Regular Agenda and Staff will introduce the first application. 2 Ms. Klein: Mr. Horsley, do we needed to do a declaration in regard to the first one you did it in informal, but if you would repeat that please on the William or Conboy application. Mr. Horsley: Yes madam, I just wanted to lay the fact that we do farm in that little piece of land about two and a half or three acres inform us through Conboy's house and it is no economic benefit to us. Ms. Oliver: There are three applications on the Regular Agenda item 3, 7, 11, and 5 due to the large number of speakers for item five today, I do have a motion to reorder the applications to hear item three first, seven next, followed by item 11, and then item 5. Do I have a motion please? Mr. Weiner: Madam Chair, I move to follow the changes in order of the items to 3, 5, 11, and 7. Ms. Oliver: No. We are going to change it to 3, 7, 11, and 5. Alright I need a second please. Ms. Oliver: Alright. Grate. The Staff call for the vote please. Ms. Coleman: If you are in favor of this motion say, yes. And if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. 3 Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of eleven, four and zero against you have approved reordering the agenda as numbered. Ms. Oliver: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan", prepared by Kimley-Horn, and revised 4/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site layout exhibit entitled, 4 "Concept Plan", prepared by Kimley-Horn, and revised 4/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building, all doors, garage doors and windows shall be neutral earth tone colors and shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Exterior Elevations", prepared by SBA Studios, and dated 3/25/2020, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 5. The operation of the car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. The legally non-conforming electronic display sign shall be removed and replaced with a freestanding sign with a two-foot brick or matching building material base. Unless otherwise approved by the Board of Zoning Appeals, the freestanding sign shall be no taller than eight (8) feet in height measured from the ground to the top of the sign. 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 5 Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 ,Id-2* �AG '1'*�A11._ AG-2 AG` 2 1St (AG-2 ' will ' ,o, `'' AG- ;2 I \ - \ el t:-1:-1 om .a 0 i•ice. t 7 , T I � O o o AG-2 i •` \\ AG-1'&'AG-2 (---. 1\ , Ili ° AG-1 /0. AG-1 * AG-2* /AG-2* N r4 Site �, I�� ►' Property_Polygons William Mark Conboy ►�' E Zoning 3285 Indian Creek Road S Parking Lot Drive Aisle — N Feet f-� _ n Qn1 an • ->n n Qn an n Ann oan 477' it ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILLIAM MARK CONBOY [Applicant] CONBOY CONSTRUCTION CORPORATION [Owners] Conditional Use Permit (Commercial Kennel) for the property located at 3285 Indian Creek Road (GPIN 1387681885), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 18, 2020 • Background: The applicant is seeking a Conditional Use Permit for a Residential Kennel for up to 30 dogs on a 13.97-acre parcel in the rural area of the City. The dogs will be kept primarily for hunting purposes and include beagles and foxhound crosses. Three of the dogs will be kept for companion purposes. The applicant is proposing to construct a 720 square foot kennel on the property to house the dogs. • Considerations: In Staff's view, and the Planning Commission concurred, the proposed use is consistent with the recommendations of the Comprehensive Plan and is compatible with the rural character of the surrounding area. The kennel will be located a minimum of 100 feet from the nearest property line and will be over 1 ,000 feet from the nearest single-family dwelling. According to the application, while the kennel is not required to be soundproofed as it meets the setback requirements of Section 223, the applicant will attenuate sound by constructing the kennel with cinderblock rather than wood. Due to an inquiry by City Council, Staff contacted the American Kennel Club (AKC) for further information regarding minimum standards applicable to kenneled dogs, including space and temperature control. While there are no set standards, the AKC recommends enclosures be sufficiently large enough to allow dogs to sit, stand, lie down and turn around comfortably with no overcrowding. Similarly, protection from adverse or extreme weather should be provided and facilities be maintained in a safe and sanitary condition. While not air conditioned, according to Animal Control there are no records of animal abuse filed with the City and the proposal is acceptable. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Two letters of support from adjacent property owners have been received by Staff. An additional letter was provided by the applicant's veterinarian in support of the applicant and this proposal. There is no known opposition. William Mark Conboy Page 2 of 2 • Recommendations: On June 24, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. Due to an advertising error, the item is rescheduled to the August 18, 2020 joint session with Planning Commission and City Council. 1 . There shall be no more than 30 adult dogs kept on the property at any time. 2. All dogs, when outside, shall remain within the fenced-in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel structure shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentT9 City Manager: (2frI Applicant William Mark Conboy Agenda Item Owner Conboy Construction Corporation �' Public Hearing August 18, 2020 City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 3285 Indian Creek Road �" GPIN 1387681885 Site Size 13.97 acres AICUZ BwmRo.tl Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-1 &AG-2 _ _ Agricultural Surrounding Land Uses and Zoning Districts North 43 ; Indian Creek Road � Single-family dwellings/AG-2 Agricultural South 4 7' Cultivated agricultural land /AG-1 & AG-2 16 . Agricultural East Single-family dwelling/AG-1 &AG-2 t Agricultural West Single-family dwelling/AG-1 & AG-2 Agricultural William Mark Conboy Agenda Item 1 Page 1 Background & Summary of Proposal • This is a request for a Conditional Use Permit for a Residential Kennel to allow up to 30 dogs on a 13.97 acre parcel in the rural area of the City.Section 111 of the Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel when more than four adult dogs over six months old are kept for pets or for hunting, exhibiting, dog shows, field and obedience trials. • The applicant is requesting to care for 12 deer hounds(beagles&foxhound crosses), six rabbit dogs(beagles)and three companion dogs (two beagles and one black lab). • Although 21 dogs are expected to be kept on the property,the applicant requests permission to care for up to 30 dogs,as the number of dogs may fluctuate to care for puppies above the age of six months to see their potential as hunting dogs. • The applicant is proposing to construct a 12' x 60' kennel on the property to house the dogs.The proposed kennel will be the same structure constructed at the owner's previous residence in Chesapeake,VA, as depicted on page six of this report. • Section 223 of the Zoning Ordinance,which regulates this type of activity, requires that the area used as a residential kennel be located 100 feet or more from the property line of any adjacent lot unless the animals are kept in soundproof, air-conditioned buildings.This proposed kennel is located 100 feet from the nearest property line and is over 1,000 feet from the nearest adjacent single-family dwelling.While the kennel is not required to be soundproofed, as it meets the requirement of Section 223 in regard to the distance to the adjacent property line, the applicant is making an extra effort to attenuate sound by constructing the kennel walls with cinderblock rather than wood. AG-1' G•1 p AG-2' QO mow, AG_y g� an:.t 1111111111 N Zoning History to Report � y AG-1 AG 2' �i pm AG Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance William Mark Conboy Agenda Item 1 Page 2 Evaluation & Recommendation Staff finds the proposed Residential Kennel to be appropriate and compatible with the character of the surrounding rural area. It is common for hunters to keep hunting dogs on their property in the southern part of the City. The dogs will be kept in a 720 square foot structure on the large argriculturally zoned property. As stated above, the kennel structure is located 100 feet to the nearest property line, over 1,000 feet from the closest single-family dwelling, and is surrounded by cultivated agricultural land. Animal Control has reviewed the request and indicated that there are no records of any complaints filed with the City and has no objection to this application.The Health Department has also reviewed the application to ensure that the on- site sanitary sewer system can accommodate the use and the placement of the kennel structure on the property. The applicant is aware of the possible concerns neighbors may have regarding the the number of dogs kept on the property, so he notified each neighbor to inform them of his request and has received two letters of support. These letters are provided to the Planning Commission in the Supplements Package. Based on these considerations,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. There shall be no more than 30 adult dogs kept on the property at any time. 2. All dogs, when outside, shall remain within the fenced-in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel structure shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarly agricultural and rural related activities. Goals within the Rural Area include preserving and promoting the agricultural economy, preserving the rural heritage, sustaining natural resources for future generations, and managing rural area development and design. William Mark Conboy Agenda Item 1 Page 3 Natural & Cultural Resources Impacts The property is witin the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. A preliminary stormwater analysis is not required since the proposal would not result in an increase of more than 2,500 square feet of new impervious surface. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian Creek Road No Data Available Existing Land Use 1-10 ADT Proposed Land Use 2-10 ADT 1 as defined by a single-family 2 as defined by a single-family dwelling dwelling with a residential kennel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian Creek Road in the vicinity of this application is considered a two-lane undvidided local street. It is not included in the Master Transpotration Plan and no roadway CIP projects are proposed for this area. Public Utility Impacts Water& Sewer The property is not served by City water or sewer.The private well and septic system has been approved by the Health Department. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised. Two letters of support has been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 22, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. William Mark Conboy Agenda Item 1 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 2, 2020 and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on August 14, 2020. William Mark Conboy Agenda Item 1 Page 5 Proposed Site Layout Proposed ` 12' x 60' Kennel 1` (720 sq.ft.) boo FR^ 4 elf �� / Existing ~ r �sn Cvcs.... aft•16 Oa IV t. _... A Single-Family '' -� �. Dwelling ''��. Ilt Barn �. �� =`` o`� r ' N Y -,,, eNAV ,C SCALE Li I 7f ` William Mark Conboy Agenda Item 1 Page 6 Kennel Structure at Chesapeake Location i,, Y A 'L' t t9+ t f ,i 4. �' C�A t_,� is ` � �� .. } �e > - "�"` - _ cam a II Ili k 6;; At r • • ; f x a 4'� William Mark Conboy Agenda Item 1 Page 7 Site Photos 4 . — e 4 4`' • * • * ‘-'•• • " / t4 „ I- ,•`-I ,; ' • ; ,k - )1," . ' k William Mark Conboy Agenda Item 1 Page 8 Site Photo f. t ' • • v_ . el [11 a a _ t. .., i. if 4' William Mark Conboy Agenda Item 1 Page 9 Disclosure Statement APPLICANT'S NAME William Mark Conboy DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE G` All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Comm,, and City Council meeting that pertains to the apniication(s)- ® APPLICANTCHANGES NS AS OF OF HEARING DATE NO CHANGES AS OF DAI F. 08/0$/2020 MLC a REVISIONS SUBMITTE[) DA William Mark Conboy Agenda Item 1 Page 10 Disclosure Statement Virginia Beach I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:William Mark Conboy If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Conboy Construction Corporation If an LLC, list the member's names:William Mark Conboy Page 2 of 7 William Mark Conboy Agenda Item 1 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2 2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2 2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 William Mark Conboy Agenda Item 1 Page 12 Disclosure Statement APPLICANT Virginia Bench YES NO SERVICE PROVIDER(use additional sheets if needed) • XAccounting and/or preparer of your tax return nnX Architect/Landscape Architect/ I 1 Land Planner ❑ Contract Purchaser(if other than n the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 111 purchaser of the subject property /A (identify purchaser(s)and purchaser's service providers) n n Construction Contractors ❑ VI Engineers/Surveyors/Agents Financing (include current ❑ `r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 7 Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 William Mark Conboy Agenda Item 1 Page 13 Disclosure Statement N/B Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ApRlication. C�,� 3-" - AcPucANT' SI ATURE PRINT NAME DATE Page 5 of 7 William Mark Conboy Agenda Item 1 Page 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) 1-1 Accounting and/or preparer of your tax return XArchitect/Landscape Architect/ u Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) UConstruction Contractors • ZEngineers/Surveyors/Agents Financing (include current U x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) U 7 Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 William Mark Conboy Agenda Item 1 Page 15 Disclosure Statement V1B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT' SI ATURE PRINT NAME DATE Page i cf William Mark Conboy Agenda Item 1 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. William Mark Conboy Agenda Item 1 Page 17 The verbatim of the June 24, 2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#1. William Mark Conboy[Applicant] Conboy Construction Corporation [Owner] Conditional Use Permit(Residential Kennel) 3285 Indian Creek Road June 24, 2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications we recommended for approval by Staff and the Planning Commission concurs. There are no speakers signed up in opposition. Planning Commission places the following applications on the Consent Agenda items, one, two,and nine. Planning Commission also,places the following applications for the Conditional Use Permit for Short Term Rentals on the Consent Agenda as they meet the applicable requirements of section 241.2 of the Zoning Ordinance, Staff and Planning Commission supports the applications. And there are a no speakers signed up to comment. Items, 10, 12, 13, and 14. Before I make a motion, I want to pause to ask Staff to confirm if there are any speakers in opposition in the lobby or Building 19. Again, that is items 1, 2, 9, 10, 12, 13, and 14. Mr. Landfair: There are no known speakers and opposition. Mr. Weiner: Thank you, sir. I move that the following items be approved for the Consent Agenda items 1, 2, 9, 10, 12, 13, and 14. Ms. Oliver: Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Right. Hearing a second a motion has been approved for the applications of 1, 2, 9, 10, 12, 13, and 14 as noted has been made by Commissioner Weiner and seconded by Mr.Alcaraz. Are there any Planning Commissioners abstaining on these items? If not, staff will verbally call for the vote, and Marchelle. Ms. Coleman: If you are in favor of the motion say, yes. And if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By a r ecorded vote of 11 for and 0 against the following Items, 1, 2, 9, 10, 12, 13, and 14 have been approved by consent. Ms. Oliver: Thank you, if you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting, Staff will contact you about the date,so,that others may attend in the chamber please exit via the side door,if you are watching virtually you are free to exit or stay and watch. Thank you for your participation today. The next order of business is the Regular Agenda and Staff will introduce the first application. 2 Ms. Klein: Mr. Horsley, do we needed to do a declaration in regard to the first one you did it in informal, but if you would repeat that please on the William Mark Conboy application. Mr. Horsley: Yes madam, I just wanted to lay the fact that we do farm in that little piece of land about two and a half or three acres from the Conboy's house and it is no economic benefit to us. Ms. Oliver:Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. There shall be no more than 30 adult dogs kept on the property at any time. 2. All dogs, when outside, shall remain within the fenced-in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel structure shall be maintained in a safe and sanitary condition. 4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3 OSL 9Z9 00G SL£ OSZ SZ6.Z90 6uiplin8 load mom. m aisN anua 101 6u1Ved peoj auud ssaaupd OP9l _ 6uiu°Z 0 s su°6Alod Apad°ad :, ,ONM 'auk se!pedoad 'meal siaaeH ells %% _1. ‘9, cv- 1.1 awls 6‹) r:- iii. V' %/ j am\ \+4. '/ y `• °� o O �f �, 17 ,,-NY 6). i ,'. . 411\ Ikti# V - 4. 0 'cil cif I �, �41'/ � '��? ;: o \, �.,� �.. ,�� # ;;ham ,� **fw / ,., % .�.�- 0 y , , ' > I C‘7>' ;f1 /� I,H-�a'd '�a //e" . ' , A. '%iiipI/A. \ W I' - . , -,3 *,..,`..*:;.:'s4‘_,/ ,\1411i - , /,, 'Xt ,') ) '' \ iris - f.,/ , . \ '..: ›,)--;? %,,, a 0,0 V((c.' 0 , .0‘,I. , ,),.. .___, , - / . 1 ' r , '' , ' \;%\l'.\\ , VO\:1:.‘, , '\\'' 0 IN ( C , \ )0.-d p', ‘ * ,cz , / ,‘,,, ,,,) 4 , - . / i• . ' 7 , , z- • ' -\ v ' 11- \ ,\c',;), * - Et, - , ,.. \ , \ * , c3 ‘ i v . ,../. , , ; , . ,),, - ` . ' \ ii\--_, * , .(3 f%, *Z*I-Vv,4.** 14,C) / 8 . , .,,, ,, . , , ,, . , , ,, / , . __..,._ ,.\\ , \,. s, ck_.‘, ,,., ,• o„,_ ,_,. .,,, , ,,.__,„ . 8 8 , , .(z7 , / , , \ \,„\ ,,,-)14k, i , 0 , „ \ <,, ,,,,_\ \"\-- ,\--- si8 , , . , r \ g,qiiij / '-'. i / ji 0 i°"1j 41, N\ \ \,, ,,, \ , \*. \40 , Ye140_c) 4 * / 4,/1-4i14 40. ' 0 0a �"H-ad ° �- 5-1�21 �S Hh7, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HARRIS TEETER PROPERTIES, INC. [Applicant] BRENNEMAN FARM RETAIL ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Automobile Service Station) for property located at 4540 Princess Anne Road (GPIN 1476517896), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: August 18, 2020 • Background: The applicant is requesting to construct 14 fueling pump stations and a 240 square foot kiosk on a vacant outparcel of the Brenneman Farm Shopping Center. The fuel sales requires a Conditional Use Permit for an Automobile Service Station. The Conditional Rezoning for the overall Brenneman Farm development plan was approved September 2003 and stipulated that City Council approve the concept plan for the proposed commercial shopping center. In 2007, approval was granted by City Council for the development of the shopping center which placed conditions for developing outparcels with high quality building materials and landscaping. The kiosk will have a brick exterior to match that of the existing shopping center and landscaping consistent with the standards of the Virginia Beach Landscaping Guide will be provided. • Considerations: The proposed gas station use is typically found on outparcels of shopping centers. The site layout, landscaping, and architecture are consistent with that of the existing shopping center. The Staff recommended a condition prohibiting outdoor vending machines and/or the display of merchandise; however, the Planning Commission modified this condition, Condition 9, to permit these uses if properly screened from view from the right-of-way and approved by the Planning Director. This change complies with the Retail Design Guidelines and is identified by underlined and strikethrough text below. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition, however, one speaker at the Planning Commission hearing had concerns with the timing of the existing traffic signal at the entrance to the shopping center. Traffic Engineering is researching these concerns. • Recommendations: On June 24, 2020, the Planning Commission passed a motion to recommend approval on this request by a vote of 11-0. Due to an advertising error, the item is Harris Teeter Properties, Inc. Page 2 of 3 rescheduled for the August 18, 2020 joint session with Planning Commission and City Council. 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Site Plan", prepared by Kimley-Horn, dated June 12, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Landscape Plan", prepared by Kimley-Horn, dated June 12, 2020 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Harris Teeter Fuel Center - #369 Brenneman Farms - Virginia Beach, VA", prepared by Kimley- Horn, dated 6/2/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 4. The freestanding sign shall be monument style with a brick base, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "HT #369 Fuel Center", prepared by Casco Signs, Inc., revised 5/6/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department & Community Development. 5. Signage for the site shall be limited to: a. Directional signs. b. Canopy signs that substantially adhere in appearance, size and materials to the white channel letter signs on the submitted sign exhibit entitled, "HT #369 Fuel Center", prepared by Casco Signs, Inc., revised 5/6/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department & Community Development. c. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a brick base, as noted in condition 4. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. Harris Teeter Properties, Inc. Page 3 of 3 6. The dumpster shall be enclosed with a solid brick wall in a color and material to match the kiosk building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. All vacuums and air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Existing easements shall be depicted on the site plan submitted to the Development Services Center of the Department of Planning and Community Development at the time of final site plan submission. 9. Outdoor vending machines and/or display of merchandise may be permitted if screened from view from the right-of-way as approved by the Planning Director. s and/or display of merchandise shall be permitted. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-R7) City Manager: 1f1B Applicant Harris Teeter Properties, Inc. Agenda Item owner Brenneman Farm Retail Associates, LLC Public Hearing August 18, 2020 City Council Election District Kempsville 3 Virginia Beach Request Conditional Use Permit (Automobile Service Station) Staff Recommendation fe , Approval Ir k, *k. pa° vos se, 4 r Staff Planner \ , +0„a , ` Jonathan Sanders o 4+•, 4j 7 o �` `r e Location aF "o 4540 Princess Anne Road • `p� • .r ► p�; G P I N r °"�`„�- `-) ' al 1476517896 , ; ° ' _AL i, , �• 4 & 1' c c - Site Size o A oG �� ;° _ let 36,151 square feet r f s e ' AICUZ r j ' obis _` ,, Less than 65 dB DNL 1�- �2 F',,1 Isi"' _ � ��',d X # Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center/ B-2 Community Business . Surrounding Land Uses and Zoning DistrictsAL, Q'��ti ,, a North s '',` y .o Se � ti� a m Healthy Way ' e ~` Medical office / PD-H1 Planned Unit o �, �' 4' • Qom. Development fi c '" .� j e�,,ce South .I ,, Princess Anne Road v,o tier. v Muliti-family dwellings, mixed retail/ PD-H1 e_` �, 't a Planned Unit Development, B-2 Community �{L Business 4 East o;' South Plaza Trail Multi-family dwellings, mini-storage, gas station /A-12 Apartment, B-2 Community Business West Private high school/ R-10 Residential Harris Teeter Properties, Inc. Agenda Item 3 Page 1 Background & Summary of Proposal • Harris Teeter is requesting to construct 14 fueling pump stations and a 240 square foot kiosk on a vacant 36,151 square foot outparcel of the Brenneman Farm Shopping Center.This outparcel is located adjacent to an entrance to the shopping center along South Plaza Trail. The fuel sales requires a Conditional Use Permit for an Automobile Service Station. The Conditional Rezoning for the shopping center site stipulated that a Conditional Use Permit be filed once the concept was finalized. The Conditional Use Permit has conditions for developing outparcels with high quality building materials (matching the main shopping center building)and landscaping. • Two ingress/egress access points are proposed to the outparcel, as depicted on the concept plan on page six of this report. • The exterior of the kiosk is depicted on the submitted elevations (page eight of this report)with a red brick exterior and green standing-seam metal roof. The elevations for the proposed fuel canopy feature the same green standing-seam metal roofing and brick columns, as depicted on pages eight and nine of this report. • White channel-letter style signage is proposed on the fuel canopy and an eight-foot tall monument-style sign with a red brick base is proposed at the northeast corner of the site next to the South Plaza Trail and Brenneman Trail stoplight. Elevations of this signage can be found on pages eight through 10 of this report. • Landscaping materials, including trees and shrubs, are proposed on all four sides of the property.The depicted plant material appears to satisfy the required street frontage, parking, and dumpster landscaping requirements of the Virginia Beach Landscaping Guide.A more thorough review of the planting requirements will occur during final site plan review. • The seven parking spaces proposed on the site exceed the three parking spaces required by the Zoning Ordinance. • The applicant is proposing outdoor merchandising and vending machines near the kiosk and propane cages along the southwestern side yard of the lot. PD-H1 P-1 Zoning History s.5 - R-1Ddti # Request _'Yts'y 1 CUP(Conceptual Site Plan)Approved 10/09/2007 CRZ(PD-Hi to Conditional B-2)Approved 09/09/2003 • 0 • ate. 2 MOD(Catholic High School)Approved 08/11/1992 CUP(Catholic High School)Approved 04/28/1992 • Approved 3 MOD(Proffers)A 11/18/2014 MOD(Proffers)Approved 03/27/2012 'b o F+1..'�'� o, MOD(Auto Service&Car Wash)Approved 11/18/2014 // MOD(Proffers)Approved 02/09/2010 °H.1 A--12' CUP(Auto Service&Car Wash)Approved 02/09/2010 \ • sa• *` 4 CRZ(R-7.5 to Conditional B-2)Approved 02/23/1999 �.. A-12''. .. .... 'd�' �f4vk 4 CRZ(R-7.5 to Conditional A-12)Approved 02/23/1999 f 007. A-18 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Harris Teeter Properties, Inc. Agenda Item 3 Page 2 Evaluation & Recommendation The proposed request for a Conditional Use Permit for Automobile Service Station is acceptable.The proposed use is appropriate for the existing Brenneman Farm Shopping Center, as it will enhance the available commercial services for the surrounding community.The site layout, landscaping, architectural materials and signage provide for a high-quality outparcel that meets the intent of the Conditional Use Permit for the Brenneman Farm Shopping Center. Though approval is recommended for the Automobile Service Station, Staff does not support that outdoor vending and merchandising be permitted on this site, as depicted on the concept plan. Historically, Conditional Use Permits for Automobile Service Stations have been conditioned to exclude vending machine and outdoor merchandising outside of the building associated with fuel sales in an effort to maintain orderly and attractive sites. Additionally,the Retail Design Guidelines found in Section 245(e)(2) of the Zoning Ordinance state that vending machines shall not be visible from a public street, and that if vending machines are present, building facades should include an area screened from public streets but visible to security personnel. Staff recommends a condition to prohibit these machines and merchandising as they will be visible from the right-of-way, thereby not meeting this Guideline.The applicant is not agreeable to this prohibition. For the reasons stated above,Staff recommends approval of this application, subject to the conditions listed below, including the prohibition as stated above and in Condition 9 below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Proposed Fuel Center, Brenneman Farm,Conceptual Site Plan", prepared by Kimley-Horn,dated June 12, 2020,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Landscape Plan", prepared by Kimley-Horn, dated June 12, 2020 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Harris Teeter Fuel Center-#369 Brenneman Farms-Virginia Beach,VA", prepared by Kimley-Horn, dated 6/2/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning&Community Development. 4. The freestanding sign shall be monument style with a brick base, be no taller than eight (8)feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "HT#369 Fuel Center", prepared by Casco Signs, Inc., revised 5/6/2020,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department&Community Development. 5. Signage for the site shall be limited to: a. Directional signs. b. Canopy signs that substantially adhere in appearance, size and materials to the white channel letter signs on the submitted sign exhibit entitled, "HT#369 Fuel Center", prepared by Casco Signs, Inc., revised 5/6/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department&Community Development. c. One (1) monument-style freestanding sign, no more than eight(8)feet in height, set in a brick base, as noted in condition 4. Harris Teeter Properties, Inc. Agenda Item 3 Page 3 d.There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid brick wall in a color and material to match the kiosk building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. All vacuums and air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 8. Existing easements shall be depicted on the site plan submitted to the Development Services Center of the Department of Planning and Community Development at the time of final site plan submission. 9. Outdoor vending machines and/or display of merchandise may be permitted if screened from view from the right-of-way as approved by the Planning Director. hana:..c shall be p tt„el Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non- residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Plaza Trail 28,300 ADT' 32,700 ADT 1 LOS 4"D„) Existing Land Use 2—456 ADT Proposed Land Use 3—2,408 ADT Harris Teeter Properties, Inc. Agenda Item 3 Page 4 'Average Daily Trips 2 as defined by a 0.83 acres of B- 3as defined by a gas station with 4 LOS=Level of Service 2 zoned land 14 fueling positions Public Utility Impacts Water City water is currently connected to the shopping center. The existing 10-inch by two-inch combination meter and two- inch irrigation meter may be used or upgraded to accommodate the proposed development. Sewer City sanitary sewer is currently connected to the shopping center. The private sewer system onsite was intended to serve future development of the shopping center. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. Harris Teeter Properties, Inc. Agenda Item 3 Page 5 0 0 1n rD 0 a �''") HARRIS TEETER FUEL CENTER r fD 4540 PRINCESS ANNE ROAD DJ VIRGINIA BEACH,VIRGINIA `L _� ' ,, I + "QX+, I. /• GPIN NO 14765178860600 1F ! s. M� ---- � ''1, r� EXISTING ZONING- B-2 T , (2)PROPANE CAGES �!-` - ^ 2..', 'II � t PROPOSED PARCEL AREA: 36.151 S.F 3 �, NI AIRNAC&YARD HYDRANT 9.� 1,lam V !1 .' PROPOSED PARKING' 6 SPACES 11 I PROPOSED/APO PUMPS: 7 PROPOSED PROPERTY LINE 240 SF '.! ' (FUEL LOCATIONS! 14 I1' ,1OA ..iga'N OUTDOOR KIOSK AREA'. 240 S.F. J ..r. ( ...Ill 1 MERCHANDISING FRONT YARD SETBACK: 35' CABINETS '^fl.w LW"In7. N.� ,. t,'}$,��11�N , 7 SIDE YARD SETBACK' 0' —� r- I HH I ''Ail. REAR YARD SETBACK. 0' ICE MERCHANDISER------ .I ,I4Y it i F`:�l1 I y 'e 11 .9A a i N � ten DUMPSTER ENCLOSURE-- I - i M� J" e 1�7,a, rF f -` VENT STACK a — -. ,.i .__ ...:e I u itb I u. id CTM4 (1)28,000 DUAL COMPARTMENT UNDERGROUND FUEL TANK-' _ .;.;-..,.,... _.--- „ , t ......„,,,....,„,,,,..,, (UNLEADED 8 PREMIUM) __ --- (1)18.000 DUAL COMPARTMENT UNDERGROUND FUEL SO-CH PLAZA �RpILI„�:w • TANK(DIESEL&E85) S Q 4 R. RELOCATED BRICK COLUMNS Z= `� AND ORNAMENTAL FENCE rt V2< a -. .„„. ., ,• = PROPOSED- - Iv MONUMENT SIGN& N GRAPNCSCALE LANDSCAPING N• Kimleya/HOrn —ICI' v 20' 40' fia I PROPOSED FUEL CENTER i BRENNEMAN FARM CONCEPTUAL SITE PLAN fD T.I. June 12.2020 (D D OTa o m -a D rD 1? 0) r*, - rF a�CU fD m z a w 0 0 V) CD Q r \ �, tea: _ter •�:7i1, �_ ' Z A�' ?, �x �' r` r� '� - HARRIS TEETER FUEL CENTER Q kl-' \ i� ' ' "" 4540 PRINCESS ANNE ROAD A VIRGINIA BEACHVIRGINIA _ - -. _ ? v i t ! GPIN NO.11785178980000 m EXISTING TREES TO REMAIN- """ `'' \ 1 �� ( , 12 1- .1 EXISTING ZONING. B-i Cu (2)PROPANE CAGES .« @ Pry k I ;k Il �� PROPOSED PARCEL AREA' 38.151 S F S •AIRNAC&YARD HYDRANT , ' 'rye P i PROPOSED PARKING: 8 SPACES n 240 SF KIOSK '• 1 PROPOSED MPD PUMPS' 7 PROPOSED PROPERTY LINE-\ I ( e '1', (FUEL LOCATIONS) 14 , t j'" A•A.. n'♦ice • OUTDOOR KIOSK AREA. 240S.F. o — -MERCHANDISING �- .m M1 -^ '1'I /,' a 35' ,; CABINETS „+i FRONT YARD SETBACK .fie SIDE YARD SETBACK' 0 -...... Y - ' III 11- 4. — 1 n- ` REAR YARD SETBACK: 0' ICE MERCHANDISER --- I iy_ , ' r. ,,4 .>Mf'I 41 `jy LANDSCAPE LEGEND 7' y emxa— ` PROPOSED LARGE TREES , 1 -_ -- __4_ +11 I — ...,....... DUMPSTER ENCLOSURE— �� , 'ry' " _ - .r ,r • ,;wo..reixn_cE*ewt=+ — ti-I _ I. _ate ,.e.,.. f" / ,ya j( PROPOSED- DUMPSTER SCREENING _ _,..,_.........'..-- VENT f / A $ 0+ b"p0 Yea 0�^Q STACK �` „• / , mr.--" R - EXISTING TREES TO REMAIN ` __/ -. . / '- 'F """''''''•"'" PROPOSED EVERGREEN STREET FRONTAGE SHRUBS h (1)28,000 DUAL COMPARTMENT UNDERGROUND FUEL TANK 4 _ (UNLEADED&PREMIUM) -- ...NM .-..-.M- TRA1l F N. ,r,�.er.• (1)18,000 DUAL COMPARTMENT UNDERGROUND FUEL- ZA F TANK(DIESEL&E85) SOU F P' z B RELOCATED BRICK COLUMNS ZIJ 4 AND ORNAMENTAL FENCE ?4 A �I- ;Parr'C.Vttrier = PROPOSED MONUMENT SIGN& N °RAPMCSCALE LANDSCAPING 71 �� CONCEPTUAL LANDSCAPE !G)BIey HDrn m 0' 2U aBO ` PROPOSED FUEL CENTER I BRENNEMAN FARM I PLAN 4r.:::;;es rDa ......-.... (0 Jule 12,2020 D 00 0 ro - 0 rD Q -CI 0) IT) 0-0 rroo 3 = v w Proposed Elevations mir „_:- sail C TI Sau W Pr; ❑o Ai sQE .z. oc I w Ii w ..;.63 J = Li .-t, c...) y z a x 1,4 ` . ` S 1 '-,, 4 i auk L lE J.-3 t..!1' '‘,C U u. gL r _ * ry ,-- V *a4. I` � 6 U ;q € a W \ E 0 M 3�iig W tC 16 Gpi QC I 1. to J rn 3k 1 I. t-11' :" ,,_ LI a I co 1 w x co i s L f, =,? m WQ w\ k i h e; : OK 0 — 2�3n H Harris Teeter Properties, Inc. Agenda Item 3 Page 8 0 13 0 fD 0_ m ..AIAMARO.SCANOtVS:SRAM AIF.ML NIMIF rD / COW it INN HOW('RL'1:4 CU / ert s•K FiAGE'RJ le PERMITTED SEPARATELY O VI C;,- Harris Teeter Fuel ('� -STAINLESS.STEEL FVFL PUMPS `COISJA.ARD 1.01U)4r.LEd�.�Nbfl7AL AODF •tii If t, , ,.--PNK:R VM'ADF 1%1 - ,� GNYFRAI..SIIAI.F PIKIP.YIA' i .I t t ..rr I fit >_iawint ...11i I I i SOUTH Elevation Scale:1/4"=1'-0" ',LANIARD STANDING SEAM.METAL ROOF COLOR:HARTFopD GREEN N,\ PMCK PACADF GFNSRAI.RNA I.P'VHORSRR STAfNLP.SS STf,Pf.FURL RUMPS 7 CrT ., a) East Elevation " Scale:1/4"-1'-0" VI —I HARRIS TEETER FUEL CENTER -#369 BRENNEMAN FARMS- VIRGINIA BEACH, VA rD rrt D.tc:6/2/2020 no Building Designer.Charles IL Nosx,PE//Fnry•Mnxs Stlucturc, Canopy Ilertgner•Dean Alp.FP//McCwe Corpnrennn D - Faevatloos:Corbin Clemons//KIMIeY-Horn N O 7 rD IL -' Ol '"! rD 3 7 l.0 W 2 Proposed Freestanding Sign 1 y 7: 8 §si E` c .. ta 1 , 'I 4, g .' �i ,1111..1111 � � h sl stp i P. a5 o ; �a a . 1 i f i fin. € ., E21 is l h x. ii It_Saji n m I I8 0 I ill r r .� SZ1l ]..}� h LZli C u_I k W Ls kilitiPI § "IIPiof Ili. € fit ill! ; ti g 1l c) ofsj # a z tk$1'1 ° i ` I-yIka " m iis f M 11 M o, a; i; # xx! I III. IiIi li)57 I JI 1ril.r2d . , j; ltil kfli • All A4 7 y p Cp pq C jp ail .0(0 I 3.1:2, 1, Ee Rin 1 !J E I C h % CM. * "a ` t. DiU I. O j0 Al J1iHhIjJt Harris Teeter Properties, Inc. Agenda Item 3 Page 10 Proposed Fuel Canopy Signs a p49 .r/l 4-s Lam,- •0-•1 b i�i' S .r t a 1/ M A � b b i r7piawlw fi t h e : :' c ., z ■85 :!6' l -I— ', ` __ • 4 ..I if (_l�� vnsre.0 nm __. ._.__1 oe o C w .9-91 vvv•:v evu• SUMS I sP a s me 1;:' X •1 .g ry wampum me miumitimilofro ta3: i.�lwynai.', KF;. .: i�...�irriww°w is/86.8581 ma simp SgbA8A MI. -{ tale 9wim4Wir. I w�iiM 210 rilul +1VPRIO d1990 WIN'1 11' = I 'saps — =J r '�° 1 pe, „ ;men aiiivit) -- a 0 ' 1 _ cia Mlle , I- 4DUNBl b b x. - - 1*9uy�9� iiAiu tt8n0 , t ita rn I J JO am - y q wo uo8 oL nrmw7D _ L II.. rlo VO of xrl003 "11 f-.Sl , iikkaiN .9-Sl 1 Harris Teeter Properties, Inc. Agenda Item 3 Page 11 Proposed Fuel Canopy Signs ..Z/19-.c A-J g b i W 't* 'rmi tu r1 u 4 1.1 r O al . i •YY. 1 suds or 3 mos 01 Il NI R. raS Arl 1 Mt III"NNW 4 wt 3olpP �� LwLYwdY m!Vlrt Y Nw tq�.uM...' ip ll ■ .� 1Anl�Y�4M*L aa tl /181 = ivis > �tizrxreo r Er- I Waal »aa r IMO kg,s1 ��Y,,.id Ut�t IY� Mr b I .t, a •01,.a.er..r,�. 144/49 NH OW 114 1 f IA YULYf 40 3003 1,OLLOB LLL 37YItl13A I F"' ji-CL •y�M11 Harris Teeter Properties, Inc. Agenda Item 3 Page 12 Site Photos � rr^r` -,.__--- _- ..,-__-.,.,-_,......--=,--,...,,,:-.--,7—::::.„..,,:--.4o---,A ie,, ., ,,,,_,.., . i y k, L k t.: , _'ram MIIIIIMiftm ilk Harris Teeter Properties, Inc. Agenda Item 3 Page 13 Disclosure Statement 1,mty Virginia Be,:G I APPLICANT'S NAME Harris Teeter Properties, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE {C ITY USE ONLY 'Al dtsciosur-- -.?be updated two f?t weeks poor to arty Page 1 of 7 ❑ APPLICANI NOTIFIED OF HEARING ® rlo riIANCES AS OF L 08.05.2020 jSanders ❑ ,SUBMITTED DATE Harris Teeter Properties, Inc. Agenda Item 3 Page 14 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Harris Teeter Properties, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Harris Teeter, LLC (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attachment A See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Brenneman Farm Retail Assoc., LLC If an LLC, list the member's names:Fleder Family Trust 1976, Caplan Family Trust 1976, Hecht Family 1976 trust partnership Page 2 of 7 Harris Teeter Properties, Inc. Agenda Item 3 Page 15 Disclosure Statement Virginia Beach If a Corporation. list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 -'Affiliated business entity relationship" means a relationship, other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Harris Teeter Properties, Inc. Agenda Item 3 Page 16 Disclosure Statement APPLICANT Virginia Beach YES [NO] SERVICE I PROVIDER(use additional sheets if needed) z Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed U T' purchaser of the subject property II (identify purchaser(s)and purchaser's service providers) nn Construction Contractors Casco Signs Xn Engineers /Surveyors/Agents Kimley-Horn Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / n n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Elan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Harris Teeter Properties, Inc. Agenda Item 3 Page 17 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 'I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicati grr<� On1 3/1D �a SIGNATURE PRRWINAME DATE Page 5 of 7 Harris Teeter Properties, Inc. Agenda Item 3 Page 18 Disclosure Statement 'NB OWNER Virginia Beach YES NO SERVICE ( PROVIDER(use additional sheets If needed) XIAccounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) u Construction Contractors XlEngineers/Surveyors/Agents Financing(include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers/ f1 X Agents/Realtors for current and I I anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Harris Teeter Properties, Inc. Agenda Item 3 Page 19 Disclosure Statement Virginia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Brenneman Farm Retail Associatea,L.I .C, g, l Lawrence £leder, manager "p/ DPW//�J�� PROP OWNER'S SIGNATURE PRINT NAME ATE Page 7 of 7 Harris Teeter Properties, Inc. Agenda Item 3 Page 20 Disclosure Statement Attachment A Ansonborough Square investors T,LLC Ansonborough Square Retail,LLC Ardrey Kell Investments,LLC Brier Creek Arbors Drive Retail,LLC Creedmoor Retail,TLC Carrboro Retail,LLC Fuquay Investors I,LLC HTBcrcwick,LLC HT Carnes,TIC HT Carolina Colours,LLC HT HT-Cary Park#1,LLC HT Denver,LLC HT Fuel DE,LLC HT Forestville,LLC HT Fuel NC,LLC HT Fuel SC,LLC HT Fuel VA,LLC HT Haw field,LLC HT Johns Island LLC HT-Palisades,LLC HT Fuel MD,LLC HT Fuel NC,LLC HT Fuel SC HT Fuel VA,LLC HTGBD,LLC HTP Bluffton,LLC HIP Plaza,LLC HTP Relo,LLC Latta Village,L.LC HIPS,LLC Mineral Springs Associates#1,LLC Ponds Retail Partners,[IC Pureellville Gateway Holdings,LLC Rocky River Associates#1,T.I.0 MTC Investors LLC RTS Investors 11,LLC RTS Investors,I.LC Southpoint Associates#1,LLC HTTAH,I.LC Taylortown Retail,LLC ITAC 119,TLC Woodmont of Greensboro,LLC Harris Teeter Supermarkets,Inc. HIPS,LLC ITAC 265,LLC Jubilee Carolina,LLC Kirkpatrick West Retail,LLC Matthews Property 1,LLC Stallings Investors 1.LLC Woodmont Holdings,LLC Harris Teeter Properties, Inc. Agenda Item 3 Page 21 Disclosure Statement ACTION BY WRITTEN CONSENT OF THE SOLE MEMBER OF HARRIS TEETER,LLC MAY 25a 0.1$ The undersigned,being the sole Member of Harris Teeter,LLC,a North Carolina Limited Liability Company (the"Company"), does hereby take the following action in writing as of the date written above: RESOLVED, That Jacob Phares is hereby elected to the office of Vice President of the Company,to serve until his successor is duly elected and qualified;and further RESOLVED,That the current officers of the Company are listed below, incorporating the change(s)referenced above: Rodney C.Antolock -President Christine S.Wheatley -Vice President and Secretary Carin L.Pike -Vice President and Treasurer Dan Krekeier -Vice President Taryn G.Mecia -Vice President and Assistant Secretary Scott K.Nations -Vice President Jacob Phares -Vice President Scott L.Wippel -Vice President Dorothy I).Roberts -Assistant Secretary Joseph W.Bradley -Assistant Treasurer HARRIS TEETER SUPERMARKETS,INC. By: Christine S.Whea Vice President Harris Teeter Properties, Inc. Agenda Item 3 Page 22 Disclosure Statement Brenneman Farm Retail Associates,L.L.C. 4701 Columbus Street,Suite 300 Virginia Beach,VA 23462 757-623-1062 Lakebarb4@aol.com April 8,2020 Re: Hams Teeter Fuel Center at Brenneman Farm Shopping Center at corner of South Plaza Trail and Brenneman Trail,Virginia Beach,Virginia("Premises") To whom it may concern: Attached please find page I,Section 7.1,Section 7.4 and the signature page of the Operating Agreement of Brenneman Farm Retail Associates,L.L.C.("L.L.C.")dated September 1,2008 ("Operating Agreement"). Section 7.1 of the Operating Agreement provides that the management of the L.L.C.shall be conducted by a management committee consisting of James Caplan and Lawrence Fleder. According to Section 7.4(2),you may rely on a certificate signed by all the Managers as conclusive evidence of the incumbency of Lawrence Fleder to take action on behalf of the L.L.C. Therefore,the undersigned&hereby appoint and authorize Lawrence Fleder to enter into and sign,on behalf of the L.L.C., all documents relating to the development of a fuel center by Hams Teeter at the Premises including zoning and conditional use applications. We also hereby certify as to the foregoing. Thank you. Very truly yours, (6- es M.Caplan, an er Lawrence E.Fleder,M ager Harris Teeter Properties, Inc. Agenda Item 3 Page 23 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Harris Teeter Properties, Inc. Agenda Item 3 Page 24 The verbatim of the June 24,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#3. Harris Teeter Properties,Inc. [Applicant] Brenneman Farm Retail Associates, LLC[Owner] Conditional Use Permit(Automobile Service Station) 4540 Princess Anne Road June 24,2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Madam Chair. The first item on today's Regular Agenda is Agenda Item three. Harris Teeter Properties Incorporated for a conditional use permit request for an Automobile Service Station at 4540 Princess Anne Road in the Kempsville District. The applicant's representative is Randy Royal. Mr.Royal, you have up to 10 minutes, please state your name for the record. Thank you. Mr. Royal: At the risk of getting in trouble I am going to take that off so, you all can hear me. Randy Royal, this is to address Kimley-Horn Associates here represent the Harris Teeter application. Good afternoon. Harris Teeter is looking to do a gas station in front of their existing grocery store facility at Brenneman Farm. Staff has recommended approval,but I want to speak to stipulation number nine,which is no outdoor vending machines and or display of merchandise shall be permitted. Jonathan spoke to you a little bit about in the pre-briefing. So, the retail design guidelines say that vending machines shall not be visible from a public street if they are present. The building facade should include an area screened from public streets with as well as security personnel. Understand this, there are a lot of businesses around the city that just put stuff out front, they put vending machines out there. It is pretty ugly. There is an exception in there that the Planning Director can allow this, provided that it does not hinder the look of the facility, I mean the retail design guidelines allow that. So, I have given you pictures there of the Harris Teeter facility at Princess Anne and Sandbridge Road, which they are operating right now with the outdoor merchandising, I think that is the one that Jonathan mentioned that it got missed, because it came through about four years ago, but it is a nice operation, they have vending machines in the middle, they have an ice machine. We are looking to do the same thing here but are willing to put additional things on it, brick walls to make it look nicer to have it less visible if visible at all 1 from the road. The vending machines might be visible,but with cars in there I doubt you are going to see that much that is the rendering there that is kind of what you see,you can see from the side,behind the cars there is a couple of vending machines in there. That is what we are proposing to do. We are hoping that you will see fit to go along with that, but also, wanted to speak to Mr. Ewan from the neighborhood across the street.He is going to speak to you about some concerns he has and I have been trying to work with him on those and point him in the right direction. And I do not intend to speak for him, but what he told me he had issues with traffic, the intersection movements, emergency access to their neighborhood parking on their entry road random a trail. And originally did not want the gas station on that outparcel on that corner, but we spoke earlier and I think he is okay with it now. I have looked at the intersection we have looked at some things that could be done. I have also talked, and I do not see him Ric Lowman the City Traffic Engineer about it, and he said they have a procedure. They have a gentleman, and I have given Mr. Ewan and this gentleman's name, where traffic will take counts we will look into these matters and if it is appropriate to put in and what I think they were looking for some additional signage, or a protected left turn, then the city would consider doing that. So, I put him in contact with him. There are some parking issues that possibly could go away, but, again, I will let him speak to it and I will answer any questions he has. From our standpoint, as I said, Harris Teeter runs a nice operation Princess Anne and Sandbridge is a good example of that. I am hopeful that you will take stipulation number nine off,we are willing to put and the last two photos in there are the brick walls like around the ice machine and the propane tank exchange that we could dress this up to make it look even nicer and less visible, if visible at all from the street, propane tanks sit pretty far to the back. And I have got the Harris Teeter representative here. He is not going to speak but he is here for any questions that you might have of Harris Teeter. Thank you for your time. I hope you will see fit to recommend approval. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, there are two speakers. The first speaker is Garrett Maravets, Mr. Maravets, please state your name for the record. Thank you. Mr. Royal: He's here for questions Mr. Landfair: Okay. Alright. Thank you. Madam Chair, the next speaker is Larry Ewan, please state your name for the record. Thank you. Ms. Oliver: Welcome. Mr. Ewan: Good morning, Madam Chair, members of the committee or Council. Thank you for the opportunity. I do not represent officially the board of directors for Woodland Park which is a part of Lexington Development,between Princess Anne 2 Road and South Independence, off of South Plaza Trail, but I live directly across the street from Harris Teeter. I am not here in objection to Harris Teeter's effort to install a gas station. I am familiar with it. I think it will work. What we are concerned with are three things.Please,may I impose upon the Council and Madam Chair to allow me to up to 10 minutes since I am speaking for over 350 families that live in the three condo developments with Nichols Park, Brenneman and Woodland Park. We all have to be served by a single entrance and exit. We have one way in and one way out. Ms. Oliver: Excuse me, one second sir. I do not want to ruin your rhythm here,but unless you are actually representing the Civic League, I cannot allow you ten minutes, I can only give you three. Mr. Ewan: Very well, I am officially requesting that the Planning Commission ask the traffic control people to do a study of the traffic flows specifically at the left turn lanes out of the shopping center and out of Brenneman Trail. The two conflict and in fact, exiting Brenneman Trail is impossible to be able to make the left turn and wind up in the left lane on South Plaza Trail. The median sticks well into the intersection and one of my motivations for a traffic signal for left turn is that it would be very costly for the city to attempt to pull that nose back, as there is a drop inlet at that location. But, left turn control would alleviate any issues whatsoever that occur now, when traffic is facing each other and most folks do not use their turn signal when they are going to make a left turn out of the shopping center, and the conflict that exists for people coming out of Brenneman Trail has created some near accident as I observed in the last three days the same situation occurs repeatedly. The left turn arrows would correct that. The last comment that I am going to make my time that is available is location, location, location, the sign that was placed at the street about the development in the planning board is 320 feet from the nearest practical parking space to go and read that sign. Two out of ten people in the neighborhood get a newspaper. A week ago, we received the letter of the notification and that is what stimulated my presence here and my discussions with Mr. Royal and Mr. Sanders. Somewhere along the line, if we want people involved in the city, we have to take note of the fact that nobody is going to stop in the left turn lane and read a sign.Nobody is going to go and park 320 feet away in our busy society. There was no other previous notification, other than the newspaper, and two out of ten people get. I do not take it. I get my news from Pilot online and that does not appear in there. So, Madam Chair, as a result of my presence here I would hope that maybe you would ask through your Council to have traffic,take a serious analysis and look at that intersection for traffic controls to improve the safety. And in doing so, they will realize that the City owns Brenneman Trail and people park on that in the legitimate area and they are both sides it narrows our access in and out to a single lane. I have watched school buses, I have watched fire equipment come in and out, it is the only access for over 350 homes in loaf of putting another 3 access in widen that by preventing parking on Brenneman Trail from South Plaza Trail to the first driveway in our neighborhoods. Ms. Oliver: Thank you very much. Mr. Ewan: I appreciate the opportunity. Thank you for all the good work that all of you have done in the City of Virginia Beach, I have been here for 46 years in that neighborhood Kempsville is home. Ms. Oliver: Thank you. Mr. Ewan: Thank you very much. Ms. Oliver: Does anybody have any questions? Can we get Ric Lowman in, let us just take a couple of questions with him and see where he is with this, please. Mr. Tajan: We will get Mr. Lowman now. Mr. Sanders: I tried texting him and I will try to locate him. Ms. Oliver: Okay. Have to wait a minute and if you all will be patient with us today because we are going to have to be getting people from different buildings and different rooms because of social distancing. Yes sir. Mr. Alcaraz: Mr. Tajan, notification on adjacent properties and how many went out in Mrs. Condo's process. Mr. Tajan: So, depending on the addresses we will have to pull it up. Mr. Alcaraz: But everybody gets notified adjacent. Mr. Tajan: Those that are adjacent or directly across the street from it. So, may have gone, depending on how or just pulled it might have went to the Condo Association or to those Condo Owners that are just within that adjacency. What we can pull that up. Ms. Lowman: I am assuming you are going to ask me about. Ms. Oliver: I am going to ask you about traffic and the entrance to the neighborhood, the median, and everything that seems to and the fact that it is the only entrance into the neighborhood. Mr. Lowman: Okay. Well this is the first that we had heard of this, actually I talked with Randy yesterday about it a little bit, so, what I told him was that we would study this, I mean this is kind of an aside from this application, I mean if they are having these issues and they would like us to study, we can study it. It may be a little bit of time before we can actually do some traffic counts out there because of the pandemic, traffic volumes are down right now. So, anything that we do is going to be a full 4 measure of the true traffic. So, we have put traffic counts on hold, like this for a little bit. But, we will definitely study and like Randy said and Mr. Royal said he gave him the phone number or the name of the person to call to request this study. We will take a look at the median, as well. I mean we will see if the media needs to be cut back or whether there needs to be a left turn arrow. So, we will take a look at all those things. And as far as the parking and the width of Brenneman Trail, I originally thought it was a private drive because all those roads are,but Brenneman is a public roadway to the turnaround, and then the different apartments or the different condos, kind of split off of it as private streets. So, as far as only one access that is not an issue that that we would get into. As far as providing a second access point like I told Mr. Royal yesterday if they are requesting another access point,they can build one and obviously planning in DCS and the rest, so, let see we would have to review it. But, I do not think it is a city kind of responsibility to build access. Ms. Oliver: Right. Mr. Lowman: Anything else? Ms. Oliver: May he have the questions, Mr. Lowman. No. Mr. Lowman: Alright, thank you. Ms. Oliver: Thank you very much. Mr. Tajan: Ms. Oliver, to answer Mr. Alcaraz's question, we may have 461 adjacent property owners. Ms. Oliver: Great, thank you. Alright. Mr. Landfair: There are no more known speakers, Madam Chair. Ms. Oliver: Alright. So, Randy you want to come back up? Mr. Royal: Again, I do not anticipate, I mean there is not a traffic problem per se, certainly you put something new in like a gas station there is going to be traffic there, but understand it is not a destination, it is not bringing new people to the site. Most of the customers are going to be people going to the grocery store or people that are driving by anyway. We have worked with Staff and I forgotten Mr. Wall asked question earlier about the access,we did talk to traffic engineering about where that access is out and, yeah, it would be better to have it further back and give more room to get in the queue. But, to get the gas tank around, we need to have it there they cannot get back up and then almost make a u-turn that is just how the traffic flow works on that. So, again, work with Mr. Ewan and to tell him what needs to happen there and I will continue to help him contacting, but I am sure Ric's folks 5 will take care of it. The outdoor merchandising though that is the big thing. Otherwise, Staff is fine with this. It is just something that is integral to the Harris Teeter trying to get folks so,they can pull and get the things they need and not make another stop going out, I believe, as you can see from those pictures there that we can make it quite attractive it is not going to be a detriment to the facility, so, that is our ask today. Thank you. Mr. Weiner: Mr. Royal. After reading this I did some driving around and I noticed we approved five or six of these since I have been on the Planning Commission. And then we talked about this morning with Staff,but when we did this,we did not have anything to do about the screening any type of vending machines or any ice makers or anything like that and if you go to these right now they are outside and this is the way it is but I would personally if comes around to this I would like to modify Item number nine to have all vending machines screen from public view, I mean how do you feel as being the applicant have that worded because the ice machines and so, forth would need to be screen, stuff like that. Mr. Royal: The ice machine, the propane tank thing we can screen. The vending machines go in the middle and can you guys pull the rendering back up please. Mr. Weiner: Yeah, we are actually looking at it. Mr. Royal: Yeah. So, I mean, you literally that one in the bottom left there that is kind of what you would see with cars there, you see the vending machines behind it. I cannot fully screen that, you are going to see a little bit of it but to me it really does not seem agree just the bottom right is the ice machine there as they typically do but as of giving you a photo there where we can put brick walls put a roof on top of it so, that it matches with the architecture. And that is what we would propose to do, to do the additional architecture for these signs. Ms. Oliver: Thank you. Alright, I am going to close this now and just open it to the Commissioners for a discussion or a motion. I do have one question let me plan on making a motion. Let me asked you, we started about this proffer on number nine for the vending machines and display of merchandise. And I think we had a discussion earlier today at the informal about those and I just want to make sure I am clear on that we do not approve those, is that correct? We have not approved. Hi, John. Mr. Sanders: I can speak to that. Ms. Oliver: Please do. Mr. Sanders: Yes. Historically, like for the past 10 or more years most of our conditional use permits do have that item as a condition in for automobile service stations. I know 6 I have worked on three personally that did speak to that and some of our recent ones as well as recent as 2019, also, had that condition listed. Ms. Oliver: Am I correct my memory this one, that the one that did was because the condition was accidentally left out of an application. Mr. Sanders: Right,that was one in 2016 that did not have that stuff must have overlooked at that time,but we have continued on past that, in 2017 to present. Having that condition consistently as a part of these types of requests. Ms. Oliver: Okay. So, nine has always been in there. Okay. That is what I wanted to know. Thank you, anybody has the questions for Mr. Sanders. Mr. Tajan: No. Ms. Oliver: No. Whitney do you have a question? Mr. Graham: Oh, my question is really for Mr. Tajan. So, when Mr. Royal was giving his presentation,he said that the Planning Director is able to make an exception as long as there is screening is that correct. Mr. Tajan: So, per the zoning ordinance requirements with the retail design standards. There is an option to allow for in building design which includes the vending machines for the Planning Director to modify the requirements. So, that is there,but that is in the retail design guidelines. What we have recommended is what consistent is what we have done for regardless of what those guidelines say for any of the other requests that had been made for automobile service stations, or gas pumps. Mr. Graham: Gotcha, gotcha. So, to be clear that all the vending machines and ice machines and propane tanks that we see out at all the other gas stations that have been approved basically, these applicants once they got built they just did it. Mr. Tajan: Correct. Mr. Graham: So, this applicant's actually asking for. Mr. Tajan: Mr. Sanders has gone back and reviewed all the reports for the last 10 or so years and seeing this consistent condition except for one where it was missed by staff. So, if the other ones have been probably violations, we do need to go take a look at those as they have been brought up to us. Mr. Inman: I would like to make a motion to approve the applications subject to a modification of condition number nine, to say, outdoor vending machines and display of merchandise shall be permitted if screening for such items proved by the Planning Director is provided. Ms. Oliver: I will second that. 7 Mr. Wall: We are still in discussion. Ms. Oliver: Oh yeah, sorry. Mr. Redmond:So, I do want to make one point there. I really do not think we should be presuming to decide things on the basis of was, what we have done before. I mean that is not how you do things. There are dozens of these things in service stations that are violations, as you say, and when you have a highly professional organization that intends to do something in a very well designed and rational way. I would hate to penalize them because there are scofflaws who do not do that way. I do not know what possible difference they could make if the ice machine is up against the supermarket, which they are today. Why the ice machine is where the gas pumps are except you have to make two visits. In the days when we are all wearing masks I kind of prefer not to make two visits. I kind of like to make one. So, it seems to me quite silly that we would just say, that is what we have always done that is not a reason I my opinion I cannot feel life and figure out what is wrong with having vending machines,ice machines, and the light displayed as he indicated and shown to us, where you get gas, you can make one stop, it is far more efficient that way. And, I think very frankly we need to revisit not just the fact that we put that condition in there, but the fact we have, you know, as an attitude, well that is just kind of the way we have done it, that is not really the way you function, I think these days, particularly. So, I am happy to support the motion and I think the screening that he is shown us is adequate in my view and all its crap. So, I think that is the point to say, thank you. Ms. Oliver: Jack. Mr. Wall: I kind of agree with Dave, I do not think that it, however it is just random. I think that it is,you know,I bought this condition. I think it is a good condition and I think that is one that it's been fair and I think it should be fairly applied,you know across the board. I think it does improve aesthetics of these commercial establishments. So, in my opinion, I think it is fair. I think that we should keep condition number nine and it is my opinion. I like it in there. Ms. Oliver: Anybody else? Alright,we have a motion on the floor. So, I am going to go ahead and call for sure. If do I have any planning. Hold on, because they got me on the script because of this virtual things from all over. First giving me a chance. Are there any Planning Commissioners that need to abstain from that. Okay. So, we will call for the verbal vote, Marchelle please. Ms. Coleman: Sure. If you are in the favor of the motion say, yes. If you are oppose say, no. Mr. Tajan: Just to note the motion is to with modified condition nine that allows the outdoor vending machines with appropriate screening provided by the Planning Director. 8 Ms. Oliver: By your discretion. Mr. Wall: Before you do that I have got another question. So, for applications in the future is it going to be consistent that we keep that going forward, so,you know,maybe that is a discussion after this. But, it that number nine gets modified for every single application now that comes forward is that, if they have screening upon the equivalent of the Planning Directors. Mr. Tajan: We will have to revisit it, we look at these case by case, but we understand we are hearing what the Planning Commission is saying at this point. Mr. Wall: That is okay. Ms. Oliver: Great, thank you. Alright, Marchelle. Ms. Coleman: Okay. If you are in favor say,yes and if you are appose please say,no. Mr.Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. 9 Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of eleven, four and zero against item three is hereby recommended for approval by the Planning Commission with the noted change to condition number nine that allows the vending machines with the proper screening to be approved by the Planning Directors. Ms. Oliver: Thank you. Alright, thank you. Mr. Landfair will you please call the next item. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Site Plan", prepared by Kimley-Horn, dated June 12, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Proposed Fuel Center, Brenneman Farm, Conceptual Landscape Plan", prepared by Kimley-Horn, dated June 12, 2020 which has been exhibited to the 10 Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "Harris Teeter Fuel Center - #369 Brenneman Farms - Virginia Beach, VA", prepared by Kimley- Horn, dated 6/2/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning 86 Community Development. 4. The freestanding sign shall be monument style with a brick base, be no taller than eight (8) feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "HT #369 Fuel Center", prepared by Casco Signs, Inc., revised 5/6/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department 86 Community Development. 5. Signage for the site shall be limited to: a. Directional signs. b. Canopy signs that substantially adhere in appearance, size and materials to the white channel letter signs on the submitted sign exhibit entitled, "HT #369 Fuel Center", prepared by Casco Signs, Inc., revised 5/6/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department 86 Community Development. c. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set in a brick base, as noted in condition 4. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid brick wall in a color and material to match the kiosk building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. All vacuums and air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 11 8. Existing easements shall be depicted on the site plan submitted to the Development Services Center of the Department of Planning and Community Development at the time of final site plan submission. 9. Outdoor vending machines and/or display of merchandise may be permitted if screened from view from the right-of-way as approved by the Planning Director. No outdoor vending machines and/or display of merchandise shall be permitted. 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. 12 I, q=1 g A-2-4 Greenwell Road Greenwell Road \ - /"" t 0 ca 1\ I - CD ,a ,,' rJ; m �. R-5 R - • 5R R5R- -• 1 R-5R I ----1 I ✓1 N �� Site Michael James Fitzgibbon WSJ F Property_Polygons 2222 E Berrie Circle -�. s Zoning Parking Lot Drive Aisle Feet 1 I o,,;i,a;..,,. 0 10 20 40 60 80 100 120 y] �U , !.R • CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MICHAEL JAMES FITZGIBBON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2222 E. Berrie Circle (GPIN 14795837330002). COUNCIL DISTRICT — BAYSIDE MEETING DATE: August 18, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 7,500 square-foot parcel zoned R-5R Residential District (Shore Drive Corridor Overlay). This property is located in the Berrie Gardens neighborhood, which was platted in 1950 as a subdivision within the community of Chesapeake Beach. The lot currently contains a duplex; however, this application only includes one of those existing units. The minimum number of parking spaces required for this use is one per bedroom, or three spaces for the three-bedroom unit. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: There is a mix of duplexes and single-family dwellings within this subdivision; however, there are also a myriad of other dwelling types surrounding Berrie Gardens including multi-family apartments, and townhomes. The site lies approximately 4,000 feet, or 3/4 miles, from the public beach of the Chesapeake Bay, which is an area where Short Term Rentals are common and expected. The parking plan submitted by the applicant depicts all three required off-street parking spaces located on-site including two within the private driveway and one in the garage. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures that the garage will always be available for use by the occupants of the Short Term Rental. All other requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. Michael James Fitzgibbon Page 2of4 • Recommendations: On June 24, 2020, the Planning Commission passed a motion to place this item on the Consent Agenda with a recorded vote of 11-0 to recommend approval of the request; however, due to an advertising error, this item is rescheduled for the August 18, 2020 joint session with Planning Commission and City Council. The conditions below have been modified as depicted by underlined and strikethrough text to follow City Council's direction limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 2222 E. Berrie Circle and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times thrcc two (2) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Michael James Fitzgibbon Page 3of4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) one (1) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3)two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Michael James Fitzgibbon Page 4 of 4 Submitting Department/Agency: Planning Department PO City Manager: //V Applicant and Property Owner: Michael James Fitzgibbon Agenda Item NIBPublic Hearing:August 18, 0 City Council Election District: Baysi202 de 6 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation S<ee,° �d ' < abApproval tee Avenue ° �rA IA& , L., �eque - ` Staff Planner William Miller a,.94 nOrrve 1161 m s� goy Cud Location 0 ` 1 a ,„. 2222 E. Berrie Circle ! f ( °t , _ d shed' Safi S Circle ° GPIN ° f 14795837330002 Shore Oro, f _ �V l Site Size —K I ° ° Dove li H tow 7,500 square feet a.- s° 6o.NdeoPye fioad s Cour<;r/2)isi,..\Qi t Y,eary ,fad gvQe c de Delco 0.oad Existing Land Use and Zoning District Duplex dwelling/ R-5R Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts North ! - - !' : = I N. Greenwell Road ... i Multi-family dwellings/A-24 Apartment (Shore Drive Overlay) South . , �y r,:.:h"^.:AA Road •-", Duplex dwellings/ R-5R Residential (Shore Drivevia% o ;„— „1 Overlay) .:, u to 4 Eastco Single-family dwellings/ R-5R Residential (Shore c, III! Drive Overlay) West E. Berrie Circle Duplex dwellings/ R-SR Residential (Shore Drive _ Overlay) n '' . . Michael James Fitzgibbon Agenda Item 6 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 7,500 square feet and is located within the R-5R Residential District (Shore Drive Overlay). • A two-unit condominium exists on the site with only one Short Term Rental being requested, 2222 E. Berrie Circle. • According to City records, this duplex was built in 2009. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • City "No Parking on Pavement" signs are posted on both sides of the 2200 block of E. Berrie Circle; however, parking within the grassy area of the City right-of-way is permitted. • Staff inspected the site on April 3, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity vial / I,,If t�t ;I alli 1 Ili*ilk '".- r ,,y r,w gle C.� cUr@ Cou7 ` -J �� akeeradford Da dson Court — _.;1#7 jw Pi n,__e '----- li it: __, , :-ea..'' ' lry....r O Ca G^ fl ,-. .. - -___ m h'YCourt y �`. ,r.e STATUS i Ho 3 12 -t l 0Approved U/g il�ti ' - 3 Denied 'a Under Review - � s'- Q Registered $More Drive — . n t r Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 Michael James Fitzgibbon Agenda Item 6 Page 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 (2 in the driveway and 1 in the garage) 1 1 Birdsong Lane -- Grans/dB Roid r __ Zoning History r"i , flr ,_ \ # Request I � / — 1 REZ(R-7.5, R-10,A-18, &A-24 to PDH2—Redevelopment + I; �� Y = l and renovation of existing apartment complex) Under _ _ I / �t-5R Review—No public hearing scheduled r _ �RI — 1 _6R -- 1 — I'— L l I I _ _ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—StreetClosure 5VR—Subdivision Variance Evaluation & Recommendation This property is located in the Berrie Gardens neighborhood, which was platted in 1950 as a subdivision within the larger community of Chesapeake Beach. Berrie Gardens consists of twenty-six R-5R Residential District Zoning lots abutting West Berrie Circle, East Berrie Circle, and North Greenwell Road.Twenty-one of the structures within the subdivision are duplexes and five are single-family dwellings.The area surrounding this subdivision consists of a myriad of other dwelling types including multi-family apartments, townhomes, single-family dwellings, and duplexes. Furthermore, the subject property sits 50-feet south of the Birdsong apartment complex. In addition, the site lies approximately .75 miles from the public beach of the Chesapeake Bay. The parking plan submitted by the applicant depicts all three required off-street parking spaces located on site; two within the private driveway and one in the unit's garage. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Michael James Fitzgibbon Agenda Item 6 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2222 E. Berrie Circle and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. Michael James Fitzgibbon Agenda Item 6 Page 4 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sunday, August 2, 2020, and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020, and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. Michael James Fitzgibbon Agenda Item 6 Page 5 Site Layout & Parking Plan 125.00' �� 0 N N N N N 62 �1_• N M N N 0 5(J' 10 HVACD I. 22.4' 1-U W' To k UUnitt2228 3 N Cr c CO' Ti ,,, m O 4.9' OL 3 �l .. W ,, 1 C J A ' r- ' .1 p %i \1 pavers W .m oto 9e I 18' ti' x x .I -_ 1 2 x6'wood fence m �18' _� 20.6' Lll ` WI . cc o 125.00' 43) ' CC 0 Z EAST BERRIE CIRCLE (50') 9' x 18' parking space 9' x 18' parking space in garage �` : Concrete Driveway Michael James Fitzgibbon Agenda Item 6 Page 6 Site Photos \ It a al I „, . _ "‘'. "-tom F 2222 E. Berrie Circle cc k414' v4 c `'� __ = t __ ..!_n A.,. . h 1. - 'wear .. .-._�.- 2222 E. Berrie Circle Michael James Fitzgibbon Agenda Item 6 Page 7 Site Photos , ..._... =,""rffeW1311111.111111 - '_ II . I -j ,.. __ _ ,1 .. . i qmi _111I I-I pp. 1, i r I I. . - , - f .h.__.... -i ' r Irr:1;111 IIIIIIIIPII .i.lit II!it-' '''',. _. ,.. it 222 .. .../.------------ - ..---------- „.- i, ,,,,°! -----,--'"--- i ' r. . , , ,.., . . _ . it% ' • -:- , , A 1 .., _____...,., . .:.,... ill 10.T° . 11101,, • ' ea" ) Aliiii.111111. 1111' " . U.& •as '. - :1 il iii 'Ill r.• ..- ii 1 . -•_.=1;K: ''' — -..........‘...w-•lir ,.._1 •.y ' wingel Of -- - .....-- Michael James Fitzgibbon Agenda Item 6 Page 8 Site Photos II .._.'-..- -.e.7--_ if irs1 t \ x iiiL .:-,,,: .... m " Asa.,„ .....„ r. ,,... , , -LT5 ,,....._ ..._ . .. Michael James Fitzgibbon Agenda Item 6 Page 9 Disclosure Statement APPLICANT'S NAME Michael James FitzGibbon DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board . • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 — June 25,2020 j July 9,2020&4ugust 11,2020 l_._1 l - Wi1Uanv Maier Will Miller-July 09,2020 WLU.La,vw Maier-August 11.2020 Michael James Fitzgibbon Agenda Item 10 Page 10 Disclosure Statement 71/4B Virginia Reach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Michael James FitzGibbon If an LLC,list all member's names. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onjy if property owner is different from Applicant. Owner is C Check her r if if the the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Michael James Fitzgibbon Agenda Item 6 Page 11 Disclosure Statement Virsinih - If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101- 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or Oil) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act, Va Code§ 2 2-3101. _--a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business operatinq-or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Michael James Fitzgibbon Agenda Item 6 Page 12 Disclosure Statement APPLICANT Virginia Reach LYfS SERVICE PROVIDER(use additional sheets if N0� needed) G._ JMargret Taylor,Liberty Tax Accounting and/or preparer of your tax return MArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than IX the Aaalicant)-identify purchaser and purchaser's service providers Any other pending or proposed El IE purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) Construction Contractors l� n Engineers/Surveyors/Agents Dennis Tatlambss,OKT Aasodates Financing(include current M&T Bank mortgage holders and lenders M selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers/ n ® Agents/Realtors for current and I I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ix an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Michael James Fitzgibbon Agenda Item 6 Page 13 Disclosure Statement w•d Virginia Beach CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this _Ap_plication. Michael J_FitzGibbon 22MAY20 APPLICANT'S SIG U rf R PRINT NAME DATE Page 5 of 7 Michael James Fitzgibbon Agenda Item 6 Page 14 Disclosure Statement OWNER 1r �'trgini�Beach TES [No I [ SERVICE PROVIDER(use additional sheet—sit] needed) (� Accounting and/or preparer of Margret Taylor,Liberty Tax L_ your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0,4 purchaser of the subject property w (identify purchaser(s)and purchaser's service providers) n ® Construction Contractors _ - X ( 1 Engineers/Surveyors/Agents Dennis Taflambas,DKT Associates Financing(include current M 8 T Bank 7 Ej mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ ❑ i Agents/Realtors for current and anticipated future sales of the subject property _ • s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have on an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Michael James Fitzgibbon Agenda Item 6 Page 15 Disclosure Statement Virginia Brach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Michael J.FitzGibbon 22MAR20 nrt PROPERTY ER( NATURE PRINT NAME DATE Page 7 of 7 Michael James Fitzgibbon Agenda Item 6 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Michael James Fitzgibbon Agenda Item 6 Page 17 STR VICI ' ITY -AP MICHAEL JAM DESrive FITZGIBBON — 2222 E. BERRIE CIRCLE grigadoo l�°wells poi• n tR d °aP? te. {: /wells point j a� Road" , , [S;t ( ec ore a /.., / C°Urt 3 \ \,1 or Court \ / fY----- ---- ake Bran, Dadson a ( / Ti art -j ` ti - ' -'-- -1- E-1 F i ----, 3 1,- \\If; ' / .c ,lei �- \ J Z. Candy Co �, ) — CD CO viter, cc _____ ___(,, STATUS �, o ,: 1 Approved N011is Road O.� • Denied 0. r Under Review �I4 co O -- Shore Drive Registered f -_ CI 1 ti The verbatim of the June 24,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#10. Michael James FitzGibbon Conditional Use Permit(Short Term Rental) 2222 E Berrie Circle June 24,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications we recommended for approval by Staff and the Planning Commission concur. There are no speakers signed up in our position. Planning Commission faces the following applications on the Consent Agenda items, one, two, and nine. Planning Commission also,places the following applications for the conditional use permit for short term rentals on the Consent Agenda as they meet the applicable requirements of section 2/1.2 of the zoning ordinance Staff and Planning Commission supports the applications.And there are a no speakers signed up to comment items, 10, 12, 13, and 14. Before I make a motion, I will pause the staff to confirm that there are any speakers now positioned in the lobby or building 19 again, that is items 1, 2, 9, 10, 12, 13, and 14. Mr. Landfair: There are no known speakers and opposition. Mr. Weiner: Thank you, sir. I move that the following items be approved for the Consent Agenda items 1, 2, 9, 10, 12, 13, and 14. Ms. Oliver: Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Right. Hearing a second a motion has been approved for the applications of 1, 2, 9, 10, 12, 13, and 14 as noted has been made by Commissioner Weiner and seconded by Mr. Alcaraz. Are there any Planning Commissioners abstaining on these items can be deferred. If not, staff will verbally call for the vote, and Marchelle. Ms. Coleman: If you are in favor of the motion say, yes. And if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. 1 Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By a recorded vote of eleven, for and zero against the following items, 1, 2, 9, 10, 12, 13, and 14 have been approved by consent. Ms. Oliver: Thank you, if you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting, Staff will contact you about the date,so,that others may attend in the chamber please exit via the side door,if you are watching virtually you are free to exit or stay and watch. Thank you for your participation today. The next order of business is the Regular Agenda and Staff will introduce the first application. 2 AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2222 E. Berrie Circle and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short 3 Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 4 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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. 5 // �/ / / i /; `r R-5R / / R'5R 1i, A/ � R 5R '''''''%%-%%.*%%%%"--,,,,...,,,,,,,,,,,,-,..::,-7/1 ;', , / ,, 0 IT/ .i/ R-5f� `,,,. N !, site Timothy Handlon W.;.1�. E Property_Polygons 2541 Seaview Avenue NW Zoning Parking Lot Drive Aisle Feet 1 l 0 10 20 40 Bn Rn inn 12n I 1 0' I i SI 4-mow. IO CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: TIMOTHY HANDLON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2541 Seaview Avenue (GPIN 1570721176). COUNCIL DISTRICT — BAYSIDE MEETING DATE: August 18, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental in a four-bedroom single-family dwelling built in 1980. The 5,555 square-foot parcel is zoned R-5R Residential District (Shore Drive Corridor Overlay). Four parking spaces are required and only three spaces are fully provided on-site. The maximum occupancy for guests on-site after 11:00 p.m. is three people per bedroom, or twelve total people in this case; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. After multiple attempts, Staff has been unable to speak to the applicant to learn whether he is agreeable to these changes to the conditions. • Considerations: The property is located within the community of Chesapeake Beach. The surrounding area contains a mixture of dwelling types, including single-family, duplex, and multi-family. The subject site abuts the public beach of the Chesapeake Bay as well as the pedestrian beach accessway. Short Term Rental uses are expected in this area. Access to the site is through a 16-foot easement along the southern edge of the property. No parking is permitted within this easement. The submitted parking plan illustrates three of the required parking spaces entirely on-site; however, the fourth space encroaches into the Seaview Avenue right-of-way. Because this encroachment does not inhibit vehicular or pedestrian traffic, the parking plan was deemed acceptable by the Zoning Administrator. Furthermore, Staff believes that all other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Additional details pertaining to this application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Timothy Handlon Page 2 of 3 • Recommendation: On June 24, 2020, the Planning Commission passed a motion to place this item on the Consent Agenda with a recorded vote of 11-0 to recommend approval of the request; however, due to an advertising error, this item is rescheduled for the August 18, 2020 joint session with Planning Commission and City Council. The conditions below have been modified to follow City Council's direction limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 2541 Seaview Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three two (2) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Timothy Handlon Page 3 of 3 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) one (1) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: (113 Applicant & Owner: Timothy Handlon Agenda Item Public Hearing: August 18, 2020 \J3 City Council Election District: Bayside 1 0 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Kevin Hershberger 7'-'---...,.._ Location 2541 Seaview Avenue GPIN ? 1570721176 `. Site Size q...444 5,555 square feet Qall*„ i• Existing Land Use and Zoning District ..5,L Single-family dwelling/ R-5R Residential Surrounding Land Uses and Zoning Districts North Chesapeake Bay South Duplex dwellings/ R-5R Residential (Shore Drive ," Overlay) East Duplex and single-family dwellings/ R-5R ii4 " , , . Residential (Shore Drive Overlay) West }` , Seaview Avenue :,- '° . Single-family dwellings/ R-5R Residential -` I r n I - - / , I. �> / i Timothy Handlon Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • The property is approximately 5,555 square feet and is located within the R5-R Residential District (Shore Drive Overlay). • One Single-family dwelling is located on the property. • According to City records, the single-family home was built in 1980. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity i'll 2 .,,..4. _ ",;...... -..,to o +�►��, ,6x �p*Atiim fro/g arilia.,,"•�' it/I �„ �Il�iw ,, a" .trrrr . p -I �I,STATUS Nimrod -�� lr.ii 1r • Q �/ ,,�SI��j `, ® Approved *ICI ' Denied �r �j�_Awes ,�•• ri A �� O Under Review , =ri; rr ��.,.� Q Registered r rrr r / f I 1.— , 1 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a four-bedroom Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided: 4 Timothy Handlon Agenda Item 10 Page 2 .14104* &1 . '.#'1444,1* # 4 •l fa, Zoning History # Request / :4? ♦ 1 STR(Short Term Rental) Pending City Council Action QIrr4tir a _ ., _0 . ,, ,, ,y 40, ,,,. , ._:-. ,,, ,._ . _ 4-pip,...4 ,- -, 4t i ,___ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The property is located within the Chesapeake Beach neighborhood of Virginia Beach. The surrounding area contains a mixture of dwelling types including single-family, duplexes and multi-family. The subject site is directly adjacent to the public beach of the Chesapeake Bay and next to a pedestrian beach access. Short Term Rental use is to be expected in this location. Access to the site is via a 16-foot easement along the southern edge of the property. No parking is permitted within this easement, as it serves the adjacent property as well.The submitted parking plan shows three of the four required parking space accommodated entirely on site. One of those spaces is located on a concrete area beneath the exterior stairway. The fourth parking space encroaches slightly into the Seaview Avenue right-of-way. As this encroachment does not inhibit vehicular or pedestrian traffic, the parking plan was deemed acceptable by the Zoning Administrator. It is staff's opinion that all other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Based on the considerations above, Staff recommends approval of this request. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2541 Seaview Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. Timothy Handlon Agenda Item 10 Page 3 3. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Timothy Handlon Agenda Item 10 Page 4 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020, and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. Timothy Handlon Agenda Item 10 Page 5 Site Layout & Parking Plan @AYSIDE AVENUE (501 ----.TALL._ . .:7, 4.-.))A .,--, 1 e o„. F �SPp�0�E SS / CD 4. „J ` CD 4th parking space 18' between C. CD under stairs property line and structure :' :Single 14 parking 175 family a '� elling Of a> spaces; 3 z . 2 ] ' . ' surface and 1 in garage CX4'NC 1II•MCALSi r..M •. -�,__ ',:�-„�,. [tRiTi IAY7,E41-1 t A M,b. 1 S. r 17 , , S t ROl•[ 1 i . lig 16' Ingress & Egress Easement ' - - 1 ts• 1 ic'vAR g 14 ;Y vt, ' (iJ 1 ts Timothy Handlon Agenda Item 10 Page 6 Site Photos ';:"444c-\\NI,1111:.416:111iii:ii :'1:‘' tiot"' Fe r Ali ' '! 1111111 11111 11111 t1111 ii,�s4*—.1 I� i ,, ,III _ s ,. vri A I , --R, - •-,-,:. -H, . , III . ,L...........,„ _AA ,,._ 41ft!, ,,, -1' 14,0-r _ _, _ . .. ._,......,.._ _ _. . --41.0 .•-• - - • • : . .. . ....... . . ..... .,... , . ,, -;---.....,...____--- - . .-- . __, - ___ n r 1 , , ', mil 1tilt li r - 1 _ . ...: = ,1_,E____ • . / ; \i).1 ].)]] ]]]'1,i0.] 1.,iii„, _ _, i , NI II IP _ !\1 1- -+ : 'T Jf t tx:;--,',:..i'ff,'?_•,` . ;. y Timothy Handlon Agenda Item 10 Page 7 Site Photos fL j' a . " .. Its- of 4 Timothy Handlon Agenda Item 10 Page 8 Disclosure Statement 7:thi3 vagina Beach APPLICANT'S NAME Timothy Handlon DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDI PL Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). AS12 APPLICANT NOTIFIED OF HEARING DATE:0 NO CHANGES AS OF DATE: 08/11/2020 REVISIONS SUBMITTED DATE 08/11/2020 gp -- r ,/ - 08/11/2020 Timothy Handlon Agenda Item 14 Page 9 Disclosure Statement Virginia Beach L Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Timothy Handlon If an LLC, list all member's names: If a CORPORATION,list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ) or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSU ' Complete Section 2 on' i ,ro-ert owner is d,ere •m A. -1i at . El Check here if the PROPERTY OWNER 1S NOT• •rporation, partnership,firm, business,or other unincorporated orga ' . ion. ElCheck here if the PROPERTY 0 'ER 1S a corporation, partnership,firm, business,or other uninco •• ated organization,AND THEN,complete the following. (A) List the Pro. ty Owner's name: If an L , ist the member's n• • -s: Page 2 of 7 Timothy Handlon Agenda Item 10 Page 10 Disclosure Statement NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidia 1 or affiliated business entity 2 relationship with the Property Owner: ( ach list if necessary) Z" "Parent-subsidiary relationsh? " means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local lGGoy,e nment Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated b finess entityrelationship" means "a relationship, other than p' p, parent-subsidiary relationship, at exists when (i)one business entity has a controlling ownership interest in the other business ity, (ii)a controlling owner In one entity is also a controlling owner In the other entity,or Oil) the is shared management or control between the business entities. Factors that should be cons' eyed in determining the existence of an affiliated business entity relationship include that the s e person or substantially the same person own or manage the two entities;there are common or ommingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 --..__. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business_o_perating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Timothy Handlon Agenda Item 10 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO L SERVICE PROVIDER(use additional sheets if needed) �(' Accounting and/or preparer of Don Harvey,CP LL�y your tax return 602 E Lincolnway,Valparaiso,IN 46383 XX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than IXI the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed I " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors X1NI Engineers/Surveyors/Agents Financing(include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I^I (^ Legal Services Real Estate Brokers/ E Agents/Realtors for current and l I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Fi an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Timothy Handlon Agenda Item 10 Page 12 Disclosure Statement 11/413 Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. j I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. -tom Timothy Handlon IZ/Sy,� APPUCANT'S SIGNA URE PRINT NAME DATE Page 5 of 7 Timothy Handlon Agenda Item 10 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Timothy Handlon Agenda Item 10 Page 14 STR VICI = ITY MAP TIMOTHY HAN DLON— 2541 SEAVIEW AVENUE I fir 777'1-1 "' JI ►� 4;//r7-:!itiv!ti -4:1114111 --1 ' . .'"C' ' * et' 7 + a1"3-1/: if _iy,. �� yew tio . . ..._ ---- 4;1: 1 r_i_ ** 14:111 dit'' '''''' . . 'Tr- ,,y..- :r. , /i - - _:_.. , . T.::-,,,,- .-wirott r/' ,,0 . iii! STATUS I ,kill• Approved -- I - Irill !• Denied r; I/jiii , ig Agrow:'..,. , , 01,„ Under Review Registered 1i r Pi 1 �ti- r 1 The verbatim of the June 24,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#14. Timothy Handlon Conditional Use Permit(Short Term Rental) 2541 Seaview Avenue June 24,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications we recommended for approval by Staff and the Planning Commission concur. There are no speakers signed up in our position. Planning Commission faces the following applications on the Consent Agenda items, one, two,and nine. Planning Commission also,places the following applications for the conditional use permit for short term rentals on the Consent Agenda as they meet the applicable requirements of section 2/1.2 of the zoning ordinance Staff and Planning Commission supports the applications.And there are a no speakers signed up to comment items, 10, 12, 13, and 14. Before I make a motion, I will pause the staff to confirm that there are any speakers now positioned in the lobby or building 19 again, that is items 1, 2, 9, 10, 12, 13, and 14. Mr. Landfair: There are no known speakers and opposition. Mr. Weiner: Thank you, sir. I move that the following items be approved for the Consent Agenda items 1, 2, 9, 10, 12, 13, and 14. Ms. Oliver: Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Right. Hearing a second a motion has been approved for the applications of 1, 2, 9, 10, 12, 13, and 14 as noted has been made by Commissioner Weiner and seconded by Mr. Alcaraz. Are there any Planning Commissioners abstaining on these items can be deferred. If not, staff will verbally call for the vote, and Marchelle. Ms. Coleman: If you are in favor of the motion say, yes. And if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By a recorded vote of eleven, for and zero against the following Items, 1, 2, 9, 10, 12, 13, and 14 have been approved by consent. Ms. Oliver: Thank you, if you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting, Staff will contact you about the date,so,that others may attend in the chamber please exit via the side door,if you are watching virtually you are free to exit or stay and watch. Thank you for your participation today. The next order of business is the Regular Agenda and Staff will introduce the first application. 2 Ms. Wilson: Mr. Horsley, you needed to do a declaration in regard to the first one you did it in informal,but if you would repeat that please on the William R Conboy application. Mr. Horsley: Yes madam, I just wanted to lay the fact that we do farm in that little piece of land about two and a half or three acres inform us through Conboy's house and it is no economic benefit to us. Ms. Oliver: There are three applications on the Regular Agenda item 3, 7, 11, and 5. Due to the large number of speakers for item five today, I do have a motion to reorder the applications to hear item three first, seven next, followed by item 11,and then item 5. Do I have a motion please? Mr. Weiner: Madam Chair, I move to follow the changes in order of the items to 3, 5, 11, and 7. Ms. Oliver: No. We are going to change it to 3, 7, 11, and 5. Alright I need a second please. Ms. Oliver: Alright. Great. The Staff call for the vote please. Ms. Coleman: If you are in favor of this motion say, yes. And if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. 3 Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of eleven, for and zero against you have approved reordering the agenda as numbered. Ms. Oliver: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE - Barnes AYE Coston AYE - Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2541 Seaview Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 5 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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. 6 LT t 0..81/ \ / � b , R-71..5 cr y I� , , , .0 t ,,,_ / g'r / .._ ____-__ 7 / / 4„,„,,, * 11Z=7,:5/' / / "'sr --::: - R-7.5 \ar ' /1 , ' ----_,-,,,_ / // ., / ,� \N N / °/4Ps . , ___ / )„e \ : o,) .\,, / 4 X , �s�� .c, ' A-18 (R-7.5 6•,, N \ . r � \ N // Site Casey Kruemcke W ,4 E 1 Property_Polygons 133 Ackiss Avenue .Td`:1. s Zoning Parking Lot Drive Aisle - mom.Feet i; 7 n 19 c9c cn 7R 1 nn 1 7F 1 to ( rj0 )l i si 'J . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CASEY KRUEMCKE [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 133 Ackiss Avenue (GPIN 2417537816). COUNCIL DISTRICT — BEACH MEETING DATE: August 18, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental in a single-family home located in the Seatack Community. The subject site is 12,075 square-feet and is zoned R-7.5 Residential District. City records indicate the three- bedroom dwelling was constructed in 1995. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: This property is located in the Seatack Community which is comprised predominately of single-family dwellings and is approximately 1 .5 miles from the public beaches of the Atlantic Ocean. Several properties within the neighborhood are currently being used as Short Term Rentals. The submitted parking plan depicts that all three required off-street parking spaces are accommodated in the driveway. Overflow parking could be accommodated in the street, which is permitted in this subdivision. It is staff's opinion that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 24, 2020, the Planning Commission passed a motion to approve this request by a vote of 11-0; however, due to an advertising error, this item is rescheduled for the August 18, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been Casey Kruemcke Page 2 of 3 modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 133 Ackiss Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times thrcc two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Casey Kruemcke Page 3 of 3 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) one (1) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3)two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Y I City Manager: Applicant & Property Owner: Casey Kruemcke Agenda Item Public Hearing: August 18, 2020 ag\ City Council Election District: Beach 7 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation , , I . Approval Carver Aven v t Bloom Parkes ay i ` s s Staff Planner t 1 � Summer Peebles 8 y r �°� ♦ f tail 11111111k Location Soy he rn Soule,/ , 133 Ackiss Avenue � ??G77 Jackson StlHit! ' 6 / , r. !: i GPIN Jensen Dr we v,% % f 2417537816 Pasa�(rwlaa Site Size Bea�t,�ls°°`` 1 a Ganrul ices- 1 -- 12,075 square feet / 1�---- s°°°•�"."° t„( f o OS Existing Land Use and Zoning District t Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North . 27th Street r Single-family dwellings/ R-7.5 Residential -r.. t.i' ,r South 4`. , I� Farrar Street ' ,�, • � Single-family dwellings/ R-7.5 Residential lb`''• ' "' 3Q East ye '"^ Single-family dwellings/ R-7.5 Residential ri �` �� : � � West , ' -01 .1 =". Single-family dwellings/ R-7.5 Residential 4 «;;A 1" r; frs - ice, ' 4 .. , Casey Kruemcke Agenda Item 7 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 12,075 square feet and is located in the R-7.5 Residential District. • One single-family home is located on the site. • According to City records, the single-family dwelling was constructed in 1995. • No records of Zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on April 2, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; therefore,any overflow parking beyond the minimum parking spaces required could occur within the public street. Short Term Rentals in the Vicinity I ....I ---\\, - - -4t. -4,,„ ',., , ,-- ) ,, ,t . .: ._,.,_„,, 1,,,.„,,,,: 44,f,Aiii,- ., 81'_,-4 1 7 ,F , 04v, /\5: .„.... .,_ i __,Pip,-;:f '*',,.,, . P \ „ ,_,./7 RIEN, iitft. ./it ' s- "u '-'I"I'll i .•y ar • • j2;�� I*V Ocean Pebbles;ay ' ® , ' `�f�.�r�'.�' #lr, fin. a� mot. " ? it .y.�� &`e•fir= T � r#..,- ,.__ 4P4,, :3,4 A * 'I! #VP#4I 17 cp . L.ea, AIMIVI 4 , .... ..-I. A, ," . . - " STA I:, ATUS 4 ✓, �_s . � ;Anun it �� • „p . V 1lf�.,4fc•J ttNi 1111! "11n1ui1i , '�4'♦ r+r----. - ,.• r 5IIII1 S 0 Unat.R•.lew 1g ,:.- `` lilfplf hfri�NIII Q Rlkpst oo loaf r., ` E. Iiiiikli . u I I P Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-bedroom Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 Casey Kruemcke Agenda Item 7 Page 2 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 o La s '\ 5i. \ c �p CI yuo spy �' �'� • �f / I-- No Zoning History to Report pz/ 18 CI * )5 O p Y { ,„_. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located in the Seatack Community which is comprised predominately of single-family dwellings. The property is located in close proximity to Norfolk Avenue, approximately one-and-a-half miles from the public beaches of the Atlantic Ocean. Several properties within the neighborhood are currently being used as Short Term Rentals.The submitted parking plan shows that all three required off-street parking spaces are accommodated in the driveway. Overflow parking could be accommodated in the street, which is permitted in this subdivision. It is staffs opinion that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 133 Ackiss Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Casey Kruemcke Agenda Item 7 Page 3 Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 Casey Kruemcke Agenda Item 7 Page 4 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020, and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. Casey Kruemcke Agenda Item 7 Page 5 Site Layout & Parking Plan I 1 as.za' I utility N 1B°16'Ab" E — Poie 23.2-_—...' LTt.3'_._ O.T 1 1 ( 6'wood �.IwI 1 x fence to e , I I I oyethead x A MOS I 12089 Sq.Feet ! I 1 C.278 Acres I I. 1 1 I x 1 1 I x T b 1 I X 7 M x 3 = 1 --15.5- i z Single-family a i Dwelling .. HVAC 1 El 6 woo(7 le re x— x -- Xel H 1 2 2s.r 3 I :' i 1 3'vinyl fence'•� ; I ` __ A 76.9 I A R 175.00' S1s. 16.- 11:� Ackiss Avenue Casey Kruemcke Agenda Item 7 Page 6 Site Photos Zme P � _ s i ri Fes . • r , Casey Kruemcke Agenda Item 7 Page 7 Site Photos -,,:.,,, ts, -. _ ..... _,... — ,....,...... :. •: .,. 4 . , ___. .__ .. .. . ,.. . -4, --, _ .. • . ,.. •— ..... .-.,. .„--- k' _.--, •- - '.2 -;3. „ . . ., r ._ '.11ki,-:„.•_-"s•I ..,...i.„,-•', 1 -- _ 1. .... I rill 11 1_1 - . - „..,-,, •••.. IME=3401 ._-• -'"ggillEtrain -A1M1'-.--416,-.-eir,-, - -''---:-:'11irl121411k4-- ---''''.'' ' .., ,- - - - .. . .a...u10\11160104.4°4"."441" g-' • -, 'e $ . . , - ti'. - • . ;."*.../. •• I .: A. ''-'44- . ' i•• - 146 - , . . .. . • - •:'0Z, . , , : . , I• . ••••,,, ...---, . . . - q...4, ' ':I A**. •, -.'• f.,,'-t'. ,„, -‘-' -k ' '''' .‘ '.:Pik 21 - 1:,-.'.' •.'"-7,...sthy-rir - , -.4.....-- .._ ..- •.., ..... \ I. " ....„.... - .. --- ....- ..-...,,-. . • ... ..., '''......4'1.-.. . .._. .... ..... ........,_ • .., -.41,„,;:tiiki.,., ,k•‘11!. ...,' - . . ' • Casey Kruemcke Agenda Item 7 Page 8 Disclosure Statement irginia Beach APPLICANT'S NAME CaY1A.iYIC ' DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ —_-- Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • R SECTION 1 / APPLICANT DISCLOSURE — ._ — Page 1 of 7 08/11/2020 AFt'I!CAN: ,r�, t:,Ut HFAi 4IJi _-- - NO CHANGES • 08/11/2020 fS,grv- v e }�te�l,p REVISIONS SIJSMITTED ` E Casey Kruemcke Agenda Item 11 Page 9 Disclosure Statement 1B Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. rCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__C fy___Kg_V_eMcAce _ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is Afferent from Avvlican(. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Casey Kruemcke Agenda Item 7 Page 10 Disclosure Statement C`ry M Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code g 2.2.3101. z "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code g 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Casey Kruemcke Agenda Item 7 Page 11 Disclosure Statement 'NB APPLICANT Virginia Beach [YES] ! NO SERVICE I PROVIDER(use additional sheets if needed) 7' -I Accounting and/or preparer of JACK D. SHEMAn1 your tax return U (i Architect/Landscape Architect/ tt`"'tt Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 11 {" purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I 2 Construction Contractors "� t/ Engineers/Surveyors/Agents ' )14 1Socc Financing(include current ge.urio poi^i"t- MoRrbA6E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services 1 Real Estate Brokers/ DEANNA IAgents/Realtors for current and VIRTUOSO anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have — an interest in the subject land or any proposed development _ _ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Casey Kruemcke Agenda Item 7 Page 12 Disclosure Statement NA:13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ APPII T'S SIGNATURE PRINT NAME DATE Page 5 of 7 Casey Kruemcke Agenda Item 7 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Casey Kruemcke Agenda Item 7 Page 14 STR VICINITY MAP CASEY KRUEMCKE - 133 ACKISS AVENUE .)) • Tr:±1 . {./` i;f` � rr :Y i- .7:: - , lir ,,., I') 4, ,i---frar,o , , =ar IT, J —J•Q -J - . ;, _ -��_..__ ^� 70 171M 1 flu 47/4/1111W,Arf — Ocean Pebbles UCI` �Imo-, y;�i `` f '� • ANo$17 / � / I t�-1 : / R4.O, Jiti7.'. . ,OWAPA I P rO 4 �� c,rQ /1-- ` enszn _ tn►_ pot 44,7- iv 1 -- ... 16 r 4,...-\;"** IMI 14;4) 1 = STATUS — ' iie ' i..i 4` OApproved •ti �.� i 1 ' i i 1__— r,i r i • i II [ S •� Denied ��// ' i 'l'T'akTh rilEF Under Revie ; r._/ ,v 11, ►_' per J" nRegistered - --- -•, •„, QiiIiiiI i...„4. II i,„,,,,, The verbatim of the June 24,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#11. Casey Kruemcke Conditional Use Permit(Short Term Rental) 133 Ackiss Avenue June 24,2020 RECOMMENDED FOR APPROVAL- HEARD Mr. Landfair: Thank you, Madam Chair. The next item on today's agenda is Agenda Item number eleven, Casey Kruemcke for a Conditional Use Permit request for Short Term Rentals at 133 Ackiss Avenue in the Beach District. The applicant's representative is Alexis Taylor. Ms. Taylor you have up to 10 minutes,please state your name for the record. Thank you. Casey are you on the WebEx. Ms. Taylor: Can you hear me? Good afternoon, this is Alexis Taylor can you hear me. Hi, my name is Alexis Taylor, I am representing my boyfriend Casey Kruemcke on our property at 133 Ackiss Avenue for a Conditional Use Permit for a Short Term Rental. We have a single a family home, a three bedroom, two bath, three parking spots, one parking spot per bed. We are on a corner lot by a dead end street about 1.2 miles from the oceanfront. We are wanting to use our property for AirBnB. We did this last year before the changes were made to obtaining a Conditional Use Permit and we got our permit through the City, paid the $50 fee and we had great success with it. So, we are hoping to do it again. There are several other homes around us that also work in Short Term Rentals.This was our personal home,Casey is in the military which required us to move to Norfolk, so,we are hoping to be able to continue to keep this house and use it as a Short Term Rental. Ms. Oliver: Okay. Is there any questions at this time? If you'll just stand by Ms. Taylor and we will be back with you. I do believe we have a speaker is that correct Mr. Landfair? So, we have a speaker and then we will touch back with you. Okay. Mr. Landfair: Thank you, Madam Chair. We have one speaker Darrell Satterfield. Mr. Satterfield please state your name for the record. Thank you. Mr. Satterfield:My name is Chief Petty Officer, Darrell Satterfield. I currently live at 133 Ackiss Avenue. I have signed a year's lease, which will actually run out in April of next 1 year and also, in my lease, I can renew my lease. Since seeing this sign put up in the yard, I have tried to contact my property manager, so, it was put up on May 26, and since I have tried to call REMAX Realty numerous times, I understand due to the COVID, they have been hard to reach, actually it has been impossible to reach. So, I live there. Ms. Oliver: One second. This is a new one. Mr. Satterfield: I think it is a property manager not giving them the money they should be making, that is not on me. Ms. Oliver: So, you currently live there and you signed a year's lease. Mr. Satterfield: Yes madam. With conditions I can renew. I am actually in the process of retiring. And when I retire, I will be leaving the area. But, I wish,I will be there at least until April 2021. So, I live there. Ms. Oliver: Let me ask you. So, have they given you notice? Mr. Satterfield: The first thing that I found was the orange sign in my yard and that was done on May 26. Ms. Oliver: Right. But, have they given you notice to terminate your lease early? Mr. Satterfield: No. Actually, I have tried getting with REMAX and nothing. Ms. Oliver: Mr. Inman. Mr. Inman: Obviously, they cannot terminate it, at least he has got a lease and they are obviously getting themselves set up for when he leaves, I guess. Ms. Oliver: Short Term Rental. Mr. Inman: But, you would think they would tell him what is going on. Ms. Oliver: You would think they would have the courtesy to tell you. Mr. Satterfield: Yes. Ms. Oliver: That they were planning on after. I am assuming and we will find out after your lease is up that they would want to go to a Short Term Rental. Mr. Satterfield: Right. Mr. Weiner: How long have you live there. Mr. Satterfield: I moved in April. 2 Mr. Weiner: Okay, the past April 2020. Mr. Satterfield: Yes. Mr. Weiner: Okay. Mr. Satterfield: In my in my lease, I have an option to renew. Mr. Weiner: Before you were there they were doing Short Term Rental. Mr. Satterfield: I do not know. Mr. Weiner: I understand, okay. So, now you are living there for a one year lease, okay. Ms. Oliver: Okay. Anybody have any questions? We are not sure what to ask, this is the first for us, so, you'll just have to give us a second. Mr. Weiner: Let me refer to staff for a minute, I mean the only thing we can do is, the lease, the owner releases the property. Ms. Wilson: This is between them and they will work it out all eventually. Mr. Weiner: Does not really have anything to do with the application. Ms. Oliver: I would assume that your option to renew is probably not an option. Mr. Satterfield: It is in my lease that says I can. Mr. Inman: If it is in his lease, it is his lease. Ms. Oliver: In his lease. Mr. Satterfield: Right, it is in my lease. So, if I have to stay, like say they don't let me retire. The longest I will be in is April 2022. That is my max, I will be out of the military by then. Mr. Weiner: I would definitely make an attempt to either go to your leasing agent. You know what I mean, that is your first step is get to leasing agent. Mr. Satterfield: And I have. Ms. Oliver: Okay. Mr. Satterfield: A lot. Mr. Inman: Who are we talking with on is virtual? Ms. Oliver: That is the owner, but she must. 3 Mr. Satterfield: The owner's girlfriends. Ms. Oliver: She leases it through a company REMAX. Mr. Satterfield: REMAX, Yes, madam. Ms. Oliver: So, REMAX handles that and then they are going to. Mr. Weiner: She is the applicant, let's ask her what's up. Ms. Oliver: We will. Thank you very much. If you can get Miss. Mr. Redmond: No, I was just going to say there is nothing to prevent someone from getting a Conditional Use Permit, Short Term Rentals, even if they do not lease it on a short term basis, they may have a lessee and they are going to think go through the process and spend money and have it in place. I mean they may be anticipating like the last applicant was anticipating that there is going to be a change in the status of these down the road and they might be trying to get one you know kind of get in before the doors begins to close. So, I do not know that these what we are talking about, necessarily, you would want to ask her. Mr. Landfair: Ms. Taylor, are you available. Ms. Taylor: Yes,hanging on. Ms. Oliver: Ms. Taylor, obviously you have a long-term renter in your home currently, that seems to have some questions. Yes, Mr. Tajan. Mr. Tajan: Sorry. Yes,because it is a WebEx we have to delay three seconds to allow to switch over so, I apologize. Ms. Oliver: No, sorry,my fault. Mr. Landfair: Madam Chair, would you like to restate the question? Ms. Oliver: Yes, thank you. Ms. Taylor, it appears that while you are applying for a Conditional Use Permit for Short Term Rental, you have a long term rental in your home, that seems to be concerned about his lease and the option to renew. Can you speak on this please? Ms. Taylor: Yes. Can you hear me? Mr. Landfair: Yes. Ms. Taylor: I am not sure if you can hear me. Mr. Landfair: Yes we can here. 4 Ms. Taylor: Yes. Yeah, so,this looks like this is definitely a mix up in communication. So,what happened was we used this house for AirBnB last summer and then all of the changes went through and we were told that the process to get a Conditional Use Permit could take months. So, we knew that we would not be able to do AirBnB without getting approval for that. And because we moved to Norfolk, and Casey wanted to keep this house we decided to talk to a property manager and get someone in for a long-term lease. So,the only reason that we are applying for the Short-Term Rental is for after he's done living in the home. We are just doing this to get ready for the future because we know that this is such a long process now that we just want to be ahead of the game. So, it was never our intention to kick him out of the house. We are well aware that he's there and that he has a lease with us. We are just doing this to get ready for when his lease is completed. Ms. Oliver: Ms. Taylor, I have a question for you. Did you state that you had been operating this house last year as an AirBnB? Ms. Taylor: We did, we had the, we went through the City and we got the tax forms and we registered it through the City. And then we saw that all of the rules changed for that so, we had to do the full Conditional Use Permit application. That was never told to us last year. So, we did it during the summer. Ms. Oliver: Okay. Thank you. Any questions for Ms. Taylor. Okay, thank you. Mr. Landfair: Madam Chair, there are no more speakers for this item. Ms. Oliver: Right, sir if you do not mind coming up to the podium, please just for a quick second. I hope this answers your questions? Mr. Satterfield: It does. Ms. Oliver: Okay, to your satisfaction? Mr. Satterfield: Yes. Ms. Oliver: Okay. Great. Mr. Satterfield: Alright. Ms. Oliver: Well, glad we could be some help. Mr. Satterfield: Thank you very much. Ms. Oliver: Alright. Well, I will close this and open it up to the Commission for a motion or a discussion. And is there anybody, I do not think anybody needs to abstain from this vote. 5 Mr. Weiner: Madam Chair, there is no discussion, I move approval of item 11. Ms. Oliver: Alright, we have a motion on the floor, and have an approval by Commissioner Weiner, seconded by Commissioner Horsley, and Marchelle, we can go ahead and open the vote. Ms. Coleman: If you are in favor of the motion say,yes and if you are opposed please say,no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Mrs. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. 6 Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eleven for and zero against Agenda Item eleven is hereby recommended for approval by the Planning Commission. Ms. Oliver: Thank you. We are going to take a five minute break. Ms. Oliver: Good afternoon and thank you for our five-minute break. We are going to move on today to Agenda number five and Mr. Landfair, will you be kind enough to get us started. Mr. Tajan: So, just as a reminder to the Commissioners and those that are speaking please make sure that you speak into your microphones clearly. We do have folks that are watching in other buildings and paying attention to their turn to speak, so, please speak clearly and into your microphone. Also, I will mention for the record, Mr. Barnes is going to continue. Ms. Oliver: Thank you very much, Mr. Landfair. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 133 Ackiss Avenue and the Short Term Rental use shall only occur in the principal structure. 7 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Evaluation 86 Recommendation 4 Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 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 9 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. 10 1p \ . 0A� �� , W III - � R� � 0 s a Stree i S • 1 ii, , ,,, c i OR • 7 , ir ---------j\ /, dOR �' \3' OR - _, 10 ®R CD C. CD 1 111111 _� 15t Street _ �� 2 O R —... iidat Site 3D Builder Investments, LLC , 01%. Property_Polygons 421 21st Street .,1I Zoning s n Parking Lot Drive Aisle Feet Building 0 10 20 40 60 80 100 120 ( �^- Sv st p s; l:a � CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: 3D BUILDER INVESTMENTS, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 421 21st Street (GPIN 24270823850002). COUNCIL DISTRICT — BEACH MEETING DATE: August 18, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a four-bedroom Short Term Rental in one unit of a duplex structure located in the Resort Area of the City. The property contains a second duplex structure on the alley. One of these rear units was approved for a Short Term Rental by City Council on July 7, 2020; the other rear unit has been rescheduled for the joint Planning Commission/City Council public hearing on August 25, 2020. The neighboring property to the east, which has the same site configuration of two duplexes on one property, was approved by City Council July 7, 2020 for Short Term Rentals for all four units on that property. The 7,860 square foot site is zoned OR Oceanfront Resort District. The maximum occupancy of guests permitted in the four-bedroom unit after 11:00 p.m. is 12; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the overnight guest calculation to two per bedroom, or eight total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The site is located three blocks from the public beaches of the Atlantic Ocean in an area at the oceanfront where Short Term Rentals are common and expected. The submitted parking plan depicts two stacked parking spaces located on a permeable paver driveway accessed from the alley (21st IA Street). The other two required spaces are proposed to be leased from the 25th Street Municipal Parking Garage, which is within IA mile of the site. The Zoning Administrator has reviewed the parking plan and finds this approach acceptable. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit only. Guest and temporary passes will not be permitted while the Conditional Use Permit is active. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance regarding Short Term Rentals can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. 3D Builder Investments, LLC Page 2 of 4 • Recommendation: Planning Commission recommended this item for approval on the Consent Agenda on June 24, 2020 by a recorded vote of 11-0. Due to an advertising error, the item is rescheduled to the August 18, 2020 joint session with Planning Commission and City Council. The conditions below have been modified to follow City Council's direction limiting maximum occupancy to two per bedroom and rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 421 21st Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times threc two) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 3D Builder Investments, LLC Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2)one (1) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map 3D Builder Investments, LLC Page 4 of 4 Minutes of Planning Commission Hearing STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department's City Manager: F Applicant and Property Owner: 3D Builder Investments, LLC Agenda Item Public Hearing:August 18, 2020 City Council Election District: Beach 8 city of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation b.-Lib,. Approval s" •01111011 iMiallik Staff Planner 11.111Willi Deborah Zywna 0 la.1110Location 00.....iiiii 421 21st Street 1111611111111111.1111111.1116/1111 GPIN 24270823850002 . Site Size '�r 7,860 square feet orPor__....illa...miggillik 1.1111.ww1W Existing Land Use and Zoning District - Two duplex structures(four units)/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts i - North ' - $S r 21st 1/2Street A. 4- 'TM- orit r t Iti- Single-family, duplex dwellings/OR Oceanfront = �; Resort South •:fr ;,. ` -,,, Townhomes, hotel/OR Oceanfront Resort 4'' It East ! � �. Two duplex structures(four units)/OR r ,s.` ► _ Oceanfront Resort 4ItiL. '. \ /IP , West I . ;. .,.t,' -- Duplex dwellings/OR Oceanfront Resort • e'er _4 * 0 ''' i .41,00z i, k r { 3D Builder Investments, LLC Agenda Item 8 Page 1 Background & Summary of Proposal Site Conditions and History • The subject site is 7,860 square feet and is zoned OR Oceanfront Resort. • The property is developed with two duplex dwellings (four units total) on one lot. Each unit is owned individually, and the property itself is jointly owned under a condominium agreement. According to City records, the applicant's unit was built in 2019. • There are additional, separate applications for Short Term Rental use pending consideration on the subject site and on the neighboring site. Both units in the rear duplex on this property received a recommendation for approval from Planning Commission and are scheduled for City Council July 7 (approved) and August 4 (rescheduled for August 25, 2020 joint public hearing). The neighboring property to the east, which has the same site configuration of two duplexes on one property, was recommended for approval by Planning Commission and is pending City Council action on July 7 (approved) for all four units on that property. • Staff inspected the site on April 14, 2020 to observe site conditions and take photographs for this report. • This property was approved as a Special Exception for Alternative Compliance in 2017 to allow the second duplex structure adjacent to the alley on the property. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. Short Term Rentals in the Vicinity 25 -_ tteet ,,�\_ 'tr \ reet_- {tv' 4`h _—,__ ,.._ ,---- , ..., ,At�tte1e c S„ee , 1 ,,,,,,,, ,_ ' '\--3 \ Ull S-d ee '` I ra file �� ,i li -"", i 4„-1.#. '.1.A.1 4 — - " o tree . _.;-� ,' ', \ t , "1`1s _ As51 12 tree :., STATUS ` t Q Approved 1 ee 1_.,. 1 • Denied • Q Under Review t.- S c fit' .i, th tceet O Registered l - 3D Builder Investments, LLC Agenda Item 8 Page 2 Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the eastern unit of the duplex located on the south side of the subject site (adjacent to 21'Street). This unit's driveway, and all other driveways for this site, are located at the rear of the property, adjacent to the 215t 1/2 Street alley. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom): 12 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided: 4 (2 on site and 2 off site) •OR .`y` Zoning History # Request OR 3s 1 ALT(Alternative Compliance)Approved 04/18/2017 1 4 :01-- ` 2 ALT(Alternative Compliance)Approved 04/18/2017 3 ALT(Alternative Compliance)Approved 03/11/2014 OR $4 u 4 NON(Enlargement of a Nonconforming Use)Approved i �� 11/28/2000 �— �( ;, cG R 5 SVR(Subdivision Variance)Approved 09/06/2011 �' OR \` `,,p 6 CUP(Commercial Parking Lot)Approved 03/10/2009 3 C 7 MOD(Commercial Parking Lot)Approved 11/9/2010 t oR 8 SVR(Subdivision Variance)and ALT(Alternative Compliance)Approved 10/8/2013 , 9 ALT(Alternative Compliance)Approved 05/14/2013 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The subject site is located in a neighborhood four blocks from the public beaches of the Atlantic Ocean.The neighborhood contains a mixture of dwelling types and uses, including single-family, duplex and multi-family dwellings. The area has seen significant development occur over the past several years. The subject dwelling contains four bedrooms.The parking plan shows two stacked parking spaces located on a permeable paver driveway accessed from the alley (215t%2 Street).The applicant has submitted a letter of intent to lease two additional spaces within 1/4 mile walking distance at the 25th Street City parking garage. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking on the street during the 3D Builder Investments, LLC Agenda Item 8 Page 3 restricted hours. No letters of opposition have been received, and each condominium member has signed the application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below, which have been modified to follow City Council's direction limiting maximum occupancy to two per bedroom and rentals to one per week. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 421 215t Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 3D Builder Investments, LLC Agenda Item 8 Page 4 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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. Public Outreach Information Planning Commission • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020, and August 9, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. 3D Builder Investments, LLC Agenda Item 8 Page 5 City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. 3D Builder Investments, LLC Agenda Item 8 Page 6 Site Layout & Parking Plan 215t %2 Street (alley) . ti _ f. ;8 �2 t �.. M 2 3 ice, 2 on-site 9' x 18' -: s , , F; parking spaces °""°E S640 MAK 1 a '' (existing driveway) ` ""` 2 leased spaces, 25tn • p 3-..; .�,� <,[1"1: Mr, Street Parking 413 1 ' x 3-404 � Garage (letter of = w¢vc w:I tl rCrI r. P SW NI CAC°u 5 f I wb . intent received) ts�g =11 ti� s.t �I_ _L Art..-96 - I I f1 i h w r�r L / ..! - J j rim„ua�'' „c-c.--wu la _I� _- I , I N .m.°°'S too xa 1IT- .iF,, ,a.a,\ A iuw r� 1 € s a "�n3--wi �I • 'WIT , craw ea Im o. M.m5A p 7 t— 11 JrI „w j l -- rat l - ; b_ MEV 3.11144401 f ad 423 IR Ire Jr. r.,l 1417 n • 130'TO A4IlC AK -... _ E l I •1 s xgsn! r aon I;". � _ -_ _ _ l __' Ax___— �� St , \-,..�..,.,... 21 Street ��° `� 3D Builder Investments, LLC Agenda Item 8 Page 7 g abed g wall epuaSv D11 'sluawisanuI aapIin8 GE j fj Lir tea.. '� `, /\eMaAIJG .,.�._ palDelS I '!. , ',71:.• _1 . i , ' .,..., :_, ,.6,-, -:.... i' apedS-Z { illl IIII 11111111111111 ilihl1111118I Il it 'r -- II. lul - 4 N-141/4--Niiiii : laa llS I Z Z Zt . . ,:-- • 7.1701E � x it _ - - - 1 9 - � if ' .1 . i - nos-. e __ �� I ,,.. W.-. 1IUiiUUUiUtt __.III ring, -_I all_ it 1, IIIIIIii(Iilii'II. \ v ti'---, ri ri LI / 1-_t____Ci _ \/ soloyd al!S Disclosure Statement DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City ' Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin.Commission and Cit.Council meetin:that i ertains to the a,,.Aicatioms). ® APPLICANT NOTIFIED OF HEARING DATE. 8-5-2020 ® NOCHANGES AS DATE: 8-5-2020 El REVISIONS SUBMITTED DATE: 3D Builder Investments, LLC Agenda Item 8 Page 9 Disclosure Statement Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (� (A) List the Applicant's name:____- I 1 B__Ylcaa_Slaap If an LLC, list all member's names: 3 D gu%lder Inve5ntntrc\S LLC P.a.l p h A r t an S10 a.Q o- V av i d t*Jou&rt t powd If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. pi Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's names: Page 2 of 7 3D Builder Investments, LLC Agenda Item 8 Page 10 Disclosure Statement . . .Y • , , etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than P" p, parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity.or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Proper. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 3D Builder Investments, LLC Agenda Item 8 Page 11 Disclosure Statement I' I Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser Of other than Eithe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Epurchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors I 71 Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ri ri an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 3D Builder Investments, LLC Agenda Item 8 Page 12 Disclosure Statement l certi y t le a o t .e In ormation containe. in t is isc osure tatement orm is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • -- g R k,4A)S foo js4 APPLICANTS SIGNATURE PRINT NAME Page 5 of 7 3D Builder Investments, LLC Agenda Item 8 Page 13 Disclosure Statement Accounting and/or preparer of your tax return ❑ ❑ Architect/ Landscape Architect/ Land Planner ❑ ❑ Contract Purchaser(if other than — the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ — Construction Contractors nn Engineers/Surveyors/Agents Financing (include current n pmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nI I Legal Services Real Estate Brokers/ ' [1 Agents/Realtors for current and I_1 f ' anticipated future sales of the subject property —A-4--4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 3D Builder Investments, LLC Agenda Item 8 Page 14 Disclosure Statement I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. M _ . 31,4iJ 31312 PROPERTY OWNERS SIG RE PRINT NAME A Page 7 of 7 3D Builder Investments, LLC Agenda Item 8 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3D Builder Investments, LLC Agenda Item 8 Page 16 -.-_-_----L---::----..\ ...I. \.•, . .�-r" t S# eg= t -tl ti • --\ ::,., ,_ __ . , k t. iroill _ , ti y .: . 13, -',, 1U \it-:-------\- 0 c-' 'II:: - .\ ' 01 .4t-l_:------ sit�•- ,�; . ,,', W ' !ti .ø' 0 �"� i. ,____,___,,---•--,----:_ _ .. .... \ .. .\', 1: ' '� a * 4Tf t'7r _ lit 6 . . fir_ _ Alin•\ . . , � \ 1. , 110111111 _ i tell) , ) 7.0 - -- -Av 10 ' .:-:-'t -A---ia,11 -OEN lie, ----__, -.: I :-' 4-6_---3„ •_ \ .i -, _.- '1._--- ----- i 7-—'., \ .... \ �y,f r - ill. e it `. . It , ` rk , .1 _ = 2--\, r4 tire-, o ...../c1 -___.,, ____,—_____...c.---:----5.---- 110 \ '' X. ----. -ii --'\ STATUS l' '� ''` ;�: iii O *h ir . '. lir Approved ---- '1rr ' 's.r 5 „„ • Denied ...4_-=--, �� _ ti� IIII - Under Reviewkillialk N h= t �y 1P__Na� ti 0111 _ �1 ri\s Registered ,,,�. A 'lam _t a f��-1 1 ,ti t� — -___ The verbatim of the June 24,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#12. 3D Builder Investments, LLC [Applicant] Ralph Brian Sloop [Owner] Conditional Use Permit(Short Term Rental) 421 21st Street June 24,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications we recommended for approval by Staff and the Planning Commission concur. There are no speakers signed up in our position. Planning Commission faces the following applications on the Consent Agenda items, one, two,and nine. Planning Commission also,places the following applications for the conditional use permit for short term rentals on the Consent Agenda as they meet the applicable requirements of section 2/1.2 of the zoning ordinance Staff and Planning Commission supports the applications. And there are a no speakers signed up to comment items, 10, 12, 13, and 14. Before I make a motion, I will pause the staff to confirm that there are any speakers now positioned in the lobby or building 19 again, that is items 1, 2, 9, 10, 12, 13, and 14. Mr. Landfair: There are no known speakers and opposition. Mr. Weiner: Thank you, sir. I move that the following items be approved for the Consent Agenda items 1, 2, 9, 10, 12, 13, and 14. Ms. Oliver: Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Right. Hearing a second a motion has been approved for the applications of 1, 2, 9, 10, 12, 13, and 14 as noted has been made by Commissioner Weiner and seconded by Mr.Alcaraz. Are there any Planning Commissioners abstaining on these items can be deferred. If not, staff will verbally call for the vote, and Marchelle. Ms. Coleman: If you are in favor of the motion say, yes. And if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman:By recorded vote of eleven for, and zero against, the following Items, 1, 2, 9, 10, 12, 13, and 14 have been approved by consent. Ms. Oliver: Thank you, if you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting, Staff will contact you about the date, so,that others may attend in the chamber please exit via the side door,if you are watching virtually you are free to exit or stay and watch. Thank you for your participation today. The next order of business is the Regular Agenda and Staff will introduce the first application. 2 Ms. Klein: Mr. Horsley, do we needed to do a declaration in regard to the first one you did it in informal, but if you would repeat that please on the William or Conboy application. Mr. Horsley: Yes madam, I just wanted to lay the fact that we do farm in that little piece of land about two and a half or three acres inform us through Conboy's house and it is no economic benefit to us. Ms. Oliver: There are three applications on the Regular Agenda item 3, 7, 11, and 5 due to the large number of speakers for item five today, I do have a motion to reorder the applications to hear item three first, seven next, followed by item 11, and then item 5. Do I have a motion please? Mr. Weiner: Madam Chair, I move to follow the changes in order of the items to 3, 5, 11, and 7. Ms. Oliver: No. We are going to change it to 3, 7, 11, and 5. Alright I need a second please. Ms. Oliver: Alright. Grate. The Staff call for the vote please. Ms. Coleman: If you are in favor of this motion say, yes. And if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. 3 Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By recorded vote of eleven for, and zero against,you have approved reordering the agenda as numbered. Ms. Oliver: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz _ AYE • Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 421 21 st Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 5 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 6 techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site 7 1 O R - IT �� OR r�� % YoR 18th �; OR AltoStreet / \ street v to i 8 , .0""ieet il \ � / v th i 4 18 OR /4 \ 1 ? \ \ OR • /�Ae CD R �iii' a 17thH �,v 140 Street \ j \ 1' th ' c gill \ OR i A % go ach nlaBe uievard 9i till .I ' Vr %.-41111t OR N Site John Lovering & Kristen Lovering W cl""E Property_Polygons 1718 Baltic Avenue vvJ" S Zoning Parking Lot Drive Aisle Feet Building 0 1530 60 90 120 150 180 I 4` ICI y, oS , yet t�; F� 'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN LOVERING & KRISTEN LOVERING [Applicants] JOHN LOVERING [PROPERTY OWNER] Conditional Use Permit (Short Term Rental) for the property located at 1718 Baltic Avenue (GPIN 24270730526750). COUNCIL DISTRICT — BEACH MEETING DATE: August 18, 2020 • Background: This request is for a Conditional Use Permit for a Short Term Rental in a two- bedroom unit located within a 14-unit condominium building on property zoned OR Oceanfront Resort District. City records indicate that the building was built in 1984. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. The maximum number of guests permitted on the property after 11:00 p.m. is six; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the overnight guest calculation to two per bedroom, or six total overnight guests. Furthermore, the applicant is also agreeable to conditioning the number of bookings in a seven day period from two to one. • Considerations: Two additional units in this condominium have submitted Conditional Use Permit applications for Short Term Rentals; Unit 1738 was approved by City Council on June 9, 2020, and Unit 1728 was approved by City Council on July 14, 2020. All three of these units have two bedrooms, and each unit has one reserved on-site parking space. There are seven unreserved spaces on the property that can be leased from the condominium association for the exclusive use of the lessee to fulfill the parking requirement for Short Term Rentals. If the applicant is unable to secure the required second on-site parking space, the conditions are drafted to allow for the option to lease a parking space off-site if it is within a reasonable distance from the property, as determined by the Zoning Administrator. Consistent with the previous applications (Units 1728 and 1738), Condition #2 is included to address this scenario and includes a requirement for proof of lease for any off-site parking. As the site is within the designated Resort Parking Permit Program area, a condition is recommended that prohibits the use of guest and temporary passes for the subject unit while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. John Lovering & Kristen Lovering Page 2 of 4 • Recommendation: Planning Commission recommended this item for approval on the Consent Agenda on June 24, 2020 with a recorded vote of 11-0; however, due to an advertising error, the item is rescheduled for the August 18, 2020 joint session with Planning Commission and City Council. The conditions below have been modified with underline and strikethrough text to follow City Council's direction limiting maximum occupancy to two per bedroom and rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 1718 Baltic Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three(3)two (2) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. John Lovering & Kristen Lovering Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) one (1) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing John Lovering & Kristen Lovering Page 4 of 4 STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: MP Applicant& Property Owner:John & Kristen Lovering Agenda Item Public Hearing: August 18, 2020 City Council Election District: Beach 9 „ ? Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation -r - \ Approval •' iolog \ . iii....„‘ Staff Planner Deborah Zywna 1 Pp ri Till lilt ki \ I* .001011011.111111101111111111.1.1.110 \ Location II:I L 1718 Baltic Avenue 1111iiiiiiilli � GPIN 242a Siz 1z 0526750 � Site e . 16,800 square feet • WOW 4 1 I I I ' i 0, Existing Land Use and Zoning District Apartments/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 18th Street Townhouses/OR Oceanfront Resort r - i � South ► `. r t� \ i, ,�-17th Y2 Street (alley) ro!Ilk- 1 I' , ✓•y �+'. o Commercial/OR Oceanfront Resort ;i "IM , East .lt-- c • � e.. «.,-- rya. 1M Baltic Avenue , r ITV ` . • a,� Apartments/OR Oceanfront Resort —, - West • L.` �„ � Alley i.;�tr,. . vt,---* ; ` t, - ,o., st + tb t..-. t �� M - r Single-family dwellings/OR Oceanfront Resort jr �. �t• ,_ 4105N4 John & Kristen Lovering Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 16,800 square-foot parcel zoned OR Oceanfront Resort District. • The proposed two-bedroom Short Term Rental will occupy one unit of a 14-unit condominium complex that was constructed in 1984. Each unit has a designated parking space. There are 21 parking spaces on site. • Two additional applications for Short Term Rental use are pending consideration on the same site at the time this Staff report was written. They are expected to be considered by the City Council on June 9th and July 14th Both applications propose to lease one additional on-site guest space for the duration of the Short Term Rental use and shall provide proof of lease prior to operation. • Staff inspected the site on April 14, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking on the street during the restricted hours. • There are no records of zoning violations relating to Short Term Rental use associated with the subject address. Short Term Rentals in the Vicinity \--"-?----41 ..? ------'-'''--nt' jn."'_- _1 t vii'03W4reet ow ... - -1, 11110 1 ` r e.. 1\------ 713 V______\._ i 1ill:3 '�Atet of _ 1'-1-611:6111.11 . : _. v g c —''')''-\.a_ ilfiii t- '1t I,.\0. 1fr _ y co _ - _ 4 n I .4,0 •bill sft ee `l 1 ---,Pl."' OA . 1, ma_ .. to - IF' ii SI IP viteki litt. ' STATUS i Q APPrrned � �j 1001— _ � :‘ \____AIA • Denied • IIli % O under Review Wit ' i� I.. tigi A. II n Registered 'l rok _' 11110 i vz ______„,_ . _____„-, , , Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. John & Kristen Lovering Agenda Item 9 Page 2 • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 2 OR 'OfOR) " Zoning History \, OR` � # Request s-' 1 NON(Expanding a nonconforming duplex)Approved 04/28/1992 ( OR ;kir 2 CUP(Craft Brewery)Approved 11/8/2017 3 CUP(Automobile Museum)Approved 12/07/2010 4 CUP(Short Term Rental)Two applications pending City Council consideration 06/9/2020 and 07/14/2020 41' OR 1101046111. OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Short Term Rental request is for an existing two-bedroom condominium unit built in 1984.To satisfy the parking requirement, the applicant proposes to secure and maintain an additional on-site leased guest parking space for the duration of the Short Term Rental use. As is typical with each Short Term Rental application, a condition is recommended, Condition 2,that requires that the off-street parking be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Since the property is within the boundaries of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit;guest and temporary passes will not be permitted while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below, which have been modified to follow City Council's direction limiting maximum occupancy to two per bedroom and rentals to one per week. John & Kristen Lovering Agenda Item 9 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1718 Baltic Avenue,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located.This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. John & Kristen Lovering Agenda Item 9 Page 4 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020, and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 2, 2020 and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. John & Kristen Lovering Agenda Item 9 Page 5 Site Layout & Parking Plan ! eastf or "•••'• ►. •..r►s •••••• •• •••...�-...• .�. wow � M • vow ttpv•we t as 7 � G•vf r r�M •• .01i1 Af P•MA+OW..•f 14011 11 "who I •I S'I It fit wV►? P►bt it•• 'II age FOR '1N n 71s .Oa•,lr ••I��•rso�r l iota• Ms eww+• .. twoiell for�r�lt.a.�►••f•7w M • •• . saw* w . .w ?•", ...AP.•W rilli"l r i ice= =11 Unit 1718 .�. • •--•�j Two 9'x18' 2 bedrooms illo!: parking spaces r -- - (1718 assigned & on-site guest leased) Alley rr Se • • • tilic 11,66,. t•ik • • '41 . i.y i v N ' • 'w t OA i I Baltic Avenue ` John & Kristen Lovering Agenda Item 9 Page 6 Site Photos _:1-- .III it. _____ lig°hill,.. __: f , ill n 1 I ---_ _ it:Will ti Wirix:...4, _ �_ 1A. _ ii: ..Q... John & Kristen Lovering Agenda Item 9 Page 7 Disclosure Statement VB Virginia Beach APPLICANT'S NAME .1oht\ I _nv.e.fin 6iStecr Lo%el GI DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals __ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 go ;;;;TIDIED Of 8-5-2020 FJ:44' ��' ® ',ICES. GES AS or 8-5-2020 0 REV i.:ONS SUBMITTED r. John & Kristen Lovering Agenda Item 9 Page 8 Disclosure Statement \13 ® (tied, here if the A17Luc,ANT ,1s,NQT a corporation, partnership. firm, business,or other unincorporated organization Check here If the APPLICANT IS a corporation, partnership, firm, business or other unincorporated organization (A) List the Applicants name John Lovenrt9{i11�3SatJ,1G11cf11 If an LLC,list all members names. If a CORPORATION, list the the names of all officers, directors, members. trustees, etc below. (Attach list If necessary) IS) List the businesses that have a parent subsidiary I or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) See next page for Information pertaining to footnotes t and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pnly if vroperry owner is Ifit!erent from Aaplkant• EjCheck here if the PROPERIY_QWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business or other unincorporated organization, AND THEN, complete the following ?- (A) List the Property Owner's name: .�Dhf 1—D►RILQ �triSi i1 �, y If an L.LC,list the member's VV �! names. Pai;e 2 :A 7 John & Kristen Lovering Agenda Item 9 Page 9 Disclosure Statement 1A3 Virginia Reach If a Corporation, list the names ofall officers, directors, members, trustees, etc below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means •a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act.Va Code§2.2-3101 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when Ii)one business entity has a controlling ownership interest in the other business entity.(ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va.Code§ 223101 ._._ -- - • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the applicftigfl or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 John & Kristen Lovering Agenda Item 9 Page 10 Disclosure Statement APPLICANT Virginia Reach LYE S I NO SERVICE PROVIDER(va additional sMrts u aaadadi ri ® Accounting and/or preparer of your tax return rki Architect/ landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 2 purchaser of the subject property jt (identify purchaser(s)and purchaser's servke providers) HConstruction Contractors ElEngineers/Surveyors/Agents Financing(include current l l mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 2,1 Legal Services Real Estate Brokers 1 n Agents/Realtors for current and anticipated future sales of the subject .ro. rtl SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 John & Kristen Lovering Agenda Item 9 Page 11 Disclosure Statement 113 \irginia liras ii CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete.true, and accurate :I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting. or meeting of any public body or committee in connection with this Ap Ilea ion L Loveris5MT31s1�o s TURE PRINT NAME DATE John & Kristen Lovering Agenda Item 9 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets It N«ds* __ flEl Accounting and/or preparer of 1 your tax return nArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than The Aoolicant)- identify purchaser and purchaser's service providers I Any other pending or proposed CO i purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors EDEngineers /Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 John & Kristen Lovering Agenda Item 9 Page 13 Disclosure Statement N/B CERTIFICATION: . I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Api icatio i.141 .4 KOS IPI% Lairoa_ 3/6/wO S SIG PRINT E DATE i',..:.M 7 Hf 7 John & Kristen Lovering Agenda Item 9 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. John & Kristen Lovering Agenda Item 9 Page 15 .ri. - r-- \-.1 ,.4 - • ______ ____________ \II: _ ____--- \,. _ _.,a, c ______ ____ __.---... : . , • _________-6*,, # .f . ....._ . ..-AO 'w‘' ' ' --------)---V, I ,.„.* .. __, , ,,' • ------ . , .....,,-__ , 010 .... .: \ .*at ' Olk -• ---- • k __.--,-...-7.--------- - .1 1104 1 ___JV.___-------------I g_i \\,'.....--- --_:---.- ;Ip sue. t •t - 1��— _ ‘-At,f'-\ r•• 1,11111%7. Jill% 111 -.,-•i ., Al -.-1 - '\ .. i. . \IA .1..-. 0\ 0 )� h S-1ree - 1 v� . -. -\c\b_... �y •- eac .-- `\ • �; 0 4. . ____,. ---- --------- —NI6%.1.-r __ --- • , , „., . 1 \ 1 '''' .___o__ '1 �- •6th r ',c��- ____ , , - L. ..v. ___J, --ii lit\ v �`j ''t- � - t*%!* , to . S TA TU S ,„.„___::::_____ \'''. WO '.'8--5-111------. 1', ,.. f - 3.. Approved 1111111 i ,_ \Denied 4•0. y ; l � \l-l- - ,\ y• ti ‘, -7-"0 .1,.0-'e t-,W.-.-. Under Review _ i0 ._ /' f Registered iii0I* I _Atb4 l -,• The verbatim of the June 24,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 18,2020,again due to advertising error. Item#13. John Lovering Conditional Use Permit(Short Term Rental) 1718 Baltic Avenue June 24,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications we recommended for approval by Staff and the Planning Commission concur. There are no speakers signed up in our position. Planning Commission faces the following applications on the Consent Agenda items, one, two,and nine. Planning Commission also,places the following applications for the conditional use permit for short term rentals on the Consent Agenda as they meet the applicable requirements of section 2/1.2 of the zoning ordinance Staff and Planning Commission supports the applications.And there are a no speakers signed up to comment items, 10, 12, 13, and 14. Before I make a motion, I will pause the staff to confirm that there are any speakers now positioned in the lobby or building 19 again, that is items 1, 2, 9, 10, 12, 13, and 14. Mr. Landfair: There are no known speakers and opposition. Mr. Weiner: Thank you, sir. I move that the following items be approved for the Consent Agenda items 1, 2, 9, 10, 12, 13, and 14. Ms. Oliver: Do I have a second? Mr. Alcaraz: Second. Ms. Oliver: Right. Hearing a second a motion has been approved for the applications of 1, 2, 9, 10, 12, 13, and 14 as noted has been made by Commissioner Weiner and seconded by Mr.Alcaraz. Are there any Planning Commissioners abstaining on these items can be deferred. If not, staff will verbally call for the vote, and Marchelle. Ms. Coleman: If you are in favor of the motion say, yes. And if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: I recorded vote of eleven for, and zero against, the following Items, 1, 2, 9, 10, 12, 13, and 14 have been approved by consent. Ms. Oliver: Thank you, if you had an application that was on the Consent Agenda your request will now be scheduled for an upcoming City Council Meeting, Staff will contact you about the date,so,that others may attend in the chamber please exit via the side door,if you are watching virtually you are free to exit or stay and watch. Thank you for your participation today. The next order of business is the Regular Agenda and Staff will introduce the first application. 2 Ms. Klein: Mr. Horsley, do we needed to do a declaration in regard to the first one you did it in informal, but if you would repeat that please on the William or Conboy application. Mr. Horsley: Yes madam, I just wanted to lay the fact that we do farm in that little piece of land about two and a half or three acres inform us through Conboy's house and it is no economic benefit to us. Ms. Oliver: There are three applications on the Regular Agenda item 3, 7, 11, and 5 due to the large number of speakers for item five today, I do have a motion to reorder the applications to hear item three first, seven next, followed by item 11, and then item 5. Do I have a motion please? Mr. Weiner: Madam Chair, I move to follow the changes in order of the items to 3, 5, 11, and 7. Ms. Oliver: No. We are going to change it to 3, 7, 11, and 5. Alright I need a second please. Ms. Oliver: Alright. Grate. The Staff call for the vote please. Ms. Coleman: If you are in favor of this motion say, yes. And if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Gram. Mr. Gram: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. 3 Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: By a recorded vote of eleven for, and zero against,you have approved reordering the agenda as numbered. Ms. Oliver: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1718 Baltic Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 4 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 5 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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) 6 concepts and strategies as they pertain to this site. Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 22, 2020. • As required by State Code, this item was advertised in the Virginian Pilot Beacon on Sundays, June 7, 2020, and June 14, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 8, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 18, 2020. Public Outreach Inf 7 - I, yR-7N,5 o4* , _ R7 ..&` i / � , _ • R-2:5 / -0 ift4li �J' ♦ R-7.5 I , J 0 I o - -B-2 J a B._2 0 ,� 1 ii*Ft i� ir i i ,, / .,,,,_ 1 B-27 LT._ ] . , . , - , , (.1 i ....._,/ , 8 -,.„„..." L. g 8 1 _ _ A Virginia aGh-Bo v- ' • ac BOul -A-- ..... --, - ... f- — _____ '' .............„ N ;/ Site W.rth.L. Property_Polygons Thalia Road Partners, LLC •NI Zoning 4216 & 4220 Virginia Beach Boulevard S Parking Lot Drive Aisle — Feet Building 0 30 60 120 180 240 300 360 l +fJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THALIA ROAD PARTNERS, LLC [Applicant] WAYSIDE VILLAGE SHOPPES, LLC & WILLIS REALTY CORPORATION [Property Owner] Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed-Use District) for property located at 4216 & 4220 Virginia Beach Boulevard (GPINs 1477953769, 1477955573), COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 18, 2020 ■ Background: The applicant, Thalia Road Partners, LLC, is seeking a Conditional Rezoning of the subject property from the B-2 District Community Business District to Conditional B-4 Mixed-Use District to redevelop the site with three new buildings containing up to 261 multi-family dwelling units and not more than 35,778 square feet of commercial uses. The 9.30-acre property contains two parcels and has frontage along Virginia Beach Boulevard and Thalia Drive. These properties are currently developed with a 19,000 square foot grocery store, a 65,000 square foot furniture store/warehouse, and approximately 32,000 square feet of retail and restaurant uses. The existing grocery store and a 10,000 square foot, free-standing commercial building in the southwest corner of the property will be retained. The remaining commercial uses will be demolished and redeveloped by one ownership entity under the proposal. Building 1 is proposed as a four-story podium-style building with ground floor parking, for a total of five stories. Commercial space is planned for a portion of the ground floor with an orientation towards Virginia Beach Boulevard. The building will be adjacent to the existing grocery store with a similar setback of 170 feet from Virginia Beach Boulevard and is 300 feet from the residential property line to the north. Building 2 is depicted on the proffered plan to be located between Building 1 and the 16 proposed townhouse-style apartments to the north. No commercial uses are contemplated in this five-story multi-family structure. The three-story townhouses are proposed on the northernmost portion of the property adjacent to the residential neighborhood to the north. The townhouses will maintain a minimum setback of 105 feet from the residential property line and a distance of 120 feet from the nearest single-family houses. As depicted in the proffered elevations, the architecture reflects a traditional style utilizing high quality building elements including brick and fiber cement siding as well as a neutral color palette. Thalia Road Partners, LLC Page 2 of 3 • Considerations: The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area,which calls for a balance of high quality residential and commercial redevelopment including the mixing of uses through the redevelopment of aging shopping centers. As stated in the Plan, this can be achieved through compatibility with surroundings, high quality and attractive site design and buildings, sufficient amounts of open space and effective buffering, and a reasonable relationship to the surrounding uses. The location of the taller massing of buildings closer to Virginia Beach Boulevard is consistent with the permitted development height in surrounding business zoning districts while the transition to three-story townhouse stye apartments is consistent with the permitted height with the surrounding single- family and townhouse zoning districts. In Staffs view, and the Planning Commission concurred, these principles are addressed in the application. Further details related to this analysis are provided in the Staff report. The site design is defined by a grid of internal driveways that will improve internal circulation utilizing the existing vehicular entrances from Virginia Beach Boulevard and Thalia Drive. The submitted Traffic Impact Analysis concluded that the development will not produce any adverse traffic impacts to adjacent roadways or intersections. The applicant submitted a Shared Parking Analysis based on a total of 553 parking spaces, which is less than the minimum number of parking spaces (614) required for the use per Section 203 of the Zoning Ordinance. The concept includes parking spaces to be shared between the residents and visitors associated with the multi- family units and the employees and customers of the commercial uses. Shared parking is well-suited for this redevelopment, given the periods of peak parking demand for the apartment and the commercial uses occurring at different times and can share the same parking areas. Additionally, residents of the apartment complex will not require additional parking spaces to visit the commercial uses. Based on comments presented at the Planning Commission public hearing, the applicant revised the concept plan to provide 45 additional spaces. This results in a total of 598 parking spaces, just 16 spaces shy of the requirement. The development will be designed to convey stormwater runoff to a proposed stormwater management facility before flowing to the existing public drainage system within the adjacent rights-of-way which ultimately ouffall at Thalia Creek. The design has demonstrated adequate conveyance for storms up to and including the 100-year event plus 1.5' of sea-level rise. The pre-development impervious area is 6.79 acres, compared to a post-development impervious area of 6.99 acres. The application was considered by the Planning Commission on June 24, 2020 at which time they passed a motion by a recorded vote of 8-2, to recommend approval of the request. There were 56 speakers at the public hearing. Those opposed expressed concerns including but not limited to the resulting density, the building Thalia Road Partners, LLC Page 3 of 3 height, the traffic generated, the number of parking spaces, the impact on schools, and stormwater management and runoff. • Recommendations: On June 24, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-2. Due to an advertising error, the item is rescheduled for the August 18, 2020 joint session with Planning Commission and City Council. • Attachments: Revised Concept Plan Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department WI City Manager:�'�� ctNtA x3 > 3 `,'x -.•• --••� VIN10aNH0V38 VINI1 IA `^ /1a1 k; ONVA3ln08 H0V38 VINIONA Oat-9LZ4 p R" x& x 10138 8 A1IWV3LL1nri m ;\ yogi 00 8611,E - = VI1VH11V CMIVA311109 3H1 — aoi X ' �' r. as ill 119IHX30NINOZ3i! UJ R R g € a W t i C i .r 2e 09s N.rv.er.L,S. - NJ.2q r1I 2 p{� Gam- '�� ..�� _ IIIII4 0 - ERA v®_ ''min !L ! az= if •��;X t! !!.! : I ill ' Ia i . ....pAIIIIiii : 1 7= 8 f _,4 1111 ( 4 ! 1 i A I I III 4r4 0 3 , , 0III l . . ,eflki, 0 b c> c , 0 1 o u Fi _ g 3 i w <<A 4< i g g g o 0 u u f; y, a��[+• t . O ¢ m .II ? o ce b bb bb +i E?o�Y+ 1- w m ,1 u t X K K K I( ,] 4 e2<m w 2 rc U w a' i R ii i i I x F. 0 3 2 3 3 = u a x e it �mgg � r;t nx dg gYg i m3 ii �'z'Ww li 6 a bo II C h g 3 2 € o t 6i {i W < zg8 0 w 1 1111 & y ° o ° 2 g g g W g w . t i g $ F � I �oa> Applicant Thalia Road Partners, LLC Agenda Item Owners Wayside Village Shoppes, LLC & Willis Realty NIB Corporation 4 Public Hearing August 18, 2020(Deferred from May 27,2020 Public Hearing) Virginia Beach City Council Election District Lynn haven Request Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed-Use District) / L.. Staff Recommendation Approval Atrasarliib /1r i Staff Planner Bill Landfair Location 4216 &4220 Virginia Beach Boulevard i GPINs , 1477953769, 1477955573 ' ' Site Size 9.289 acres rT AICUZ A , ", 4 ) Less than65dBDNL i --' Watershed Chesapeake Bay 1 Existing Land Use and Zoning District Mixed retail/ B-2 Community Business S." -i., - '' Surrounding Land Uses and Zoning Districts #- -tK 7 `, v. ',.• ;' �,=.,. North -,w • `` Single-family dwellings/ R-7.5 Residential L #.`: - t • • '„ • '� i South Virginia Beach Boulevard `° - . E Mixed retail/ B-2 Community Business 4- 1 , y w..__" a T�, ' f a East y_''_r S. , �'—*} � IP Townhouses/ R-2.5 Residential g.� a Retail/ B-2 Community Business West ors � , Thalia Road _ - i Automotive repair/ B-2 Community Business A* 4. Thalia Elementary School/ R-7.5 Residential Thalia Road Partners, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Rezoning of the subject property from the B-2 District Community Business District to Conditional B-4 Mixed-Use District to redevelop much of the site with up to 261 multi-family dwelling units and 35,778 square feet of commercial uses. The 9.30-acre property contains two parcels and has frontage along Virginia Beach Boulevard and Thalia Drive. These properties are currently developed with a 19,054 square foot grocery store, a 64,750 square foot furniture store/warehouse, and approximately 32,224 square feet of retail and restaurant uses. • The submitted proffered concept plan depicts the retention of the existing grocery store and a 10,224 square foot, free-standing commercial building located in the southwest corner of the property. The remaining commercial uses will be demolished and replaced with three buildings that will contain up to 261 multi-family dwelling units and up to 6,500 square feet of new retail and restaurant uses. • The proffered elevations depict traditional style architecture for all proposed structures, featuring a neutral color palette with varying finishes to break up the building massing. • Building 1, as indicated on the proffered concept plan, is proposed as a four-story podium-style building with ground floor parking, for a total of five stories. The building will be 60 feet high at its tallest point and will be adjacent to the existing grocery store with a similar setback of approximately 170 feet from Virginia Beach Boulevard. The structure is proposed as a mix of one-, two- and three-bedroom apartments and will contain amenities for the apartment tenants to include a swimming pool within a central courtyard, a fitness center, and a community room. Commercial space is planned for a portion of the ground floor (approximately 6,500 square feet), with an orientation towards Virginia Beach Boulevard. The parking under the building will serve both the apartment and commercial uses. • Building 2, as indicated on the proffered plan, will be located north of Building 1, and is also designed as a five- story structure with a mix of one-, two- and three-bedroom apartment units with parking on the ground floor. No commercial uses are proposed within this building. • Sixteen, three-story townhouses (35 feet tall) are proposed on the northernmost portion of the property, serving as a transition in height between the adjacent existing single-family dwellings to the north (the majority of which are two stories in height) and the proposed five-story structures to the south. Each townhouse will contain a single-car garage and a parking space in each individual driveway. • The original proffered plan depicted€1e{picts 553 parking spaces that are proposed to be shared by both the multi-family units and the commercial uses. Based on that number of spaces, the applicant submitted a Shared Parking Analysis that was reviewed by Staff, as set forth in the Zoning Ordinance. Details of that analysis are provided below in the Evaluation section of this report. • Based on comments presented at the June 24, 2020, Planning Commision public hearing, the applicant revised the concept plan to provide 45 additional spaces. This results in a total of 598 parking spaces, lust 16 spaces shy of the requirement. • Where possible, existing mature trees will be maintained, particularly along the northern edge of the site adjacent to the single-family residential neighborhood. As required, a vegetated buffer is proposed adjacent to the residentially-zoned properties. This 20-foot wide buffer exceeds the minimum width requirement of 15 feet. Foundation plantings, parking lot interior plantings, and enhanced street frontage plantings are all proposed and depicted on the concept plan. Thalia Road Partners, LLC Agenda Item 4 Page 2 • The applicant has filed a Virginia Housing Development Authority (VHDA) application for both housing and commercial financing under their Workforce Housing Program on this subject property. The developer has chosen to set-aside 20% of the residential units at 80%of Area Median Income* for as long as the VHDA loan is in place. There is a 10-year lockout period, where the owner cannot refinance the loan. The developer can refinance after 10 years. If this were to happen, the City could record an additional use restriction subordinate to VHDA for a longer period. As the proposed development has a commercial component, the property must be located within a designated Revitalization Area. This designation would require the approval of the City Council. A resolution for a revitalization area would be considered by City Council if this application is approved. *The area median income is the midpoint of a region's income distribution, meaning that half of households in a region earn more than the median and half earn less than the median. In Virginia Beach the median family income for a family of 4 is$82,500. _._ •-2.5 Thalia Forest Lana co R-7.5 R-2.5e0' Zoning History a j R-2.5 R-7.5 # Request / R 5 1 CUP(Church Expansion)Approved 07/02/2002 CUP(Parking Lot)Approved 09/08/1998 `5 2 CUP(Automobile Repair Garage)Approved 06/19/2018 CUP(Add Automotive Repair)Approved 07/10/2012 I 2 CUP(Automobile Service Station)Approved 01/25/1994 e-z % 3 CRZ(R-5D to Conditional 0-1)Approved 03/25/1997 4 CRZ(B-2& R-5D to Conditional B-2)Approved Virginia Beach Boulevard 05/16/2017 < B2al - :375.1 82 [4B21Application Types MOD — Modification of Conditions or CUP—Conditional Use Permit Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Conditional Rezoning request to redevelop the property with a mixed-use development containing 261 multi-family units and 35,778 square feet of commercial uses is, in Staff's opinion, acceptable. The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area, which calls for the balance of high quality residential and commercial redevelopment including the mixing of uses. The Comprehensive Plan calls for the renewal of aging commercial centers that transition commercial development to residential neighborhoods. This is achieved through compatibility with surroundings, high quality and attractive site design and buildings, sufficient amounts of open space and effective buffering, and a reasonable relationship to the surrounding uses. Staff believes these principles are addressed in the application as described below. The entire property has been zoned B-2 Community Business District for more than 40 years. By-right redevelopment of the site could include any of the permitted uses identified in the Zoning Ordinance, such as beverage manufacturing shops, eating and drinking establishments, and personal service establishments. None of these uses are residential in nature. The proposed uses include commercial businesses that are consistent and compatible with the existing retail and restaurant uses on the site, as well as with the surrounding commercial uses that exist in the vicinity of the property Thalia Road Partners, LLC Agenda Item 4 Page 3 along Virginia Beach Boulevard. While the property has been historically commercial, the introduction of dwellings on this site in Staffs view is compatible with the surroundings,which includes residential, commercial and office uses, and provides a "reasonable relationship to the surrounding uses," as called for in the Comprehensive Plan. Consistent with the Comprehensive Plan's recommendation for attractive site design,the layout includes a transition in building heights from the two-story single-family dwellings to the north (all but one are two-stories in height)to the three-story townhouse units closest to the northern property line to the five-story buildings closer to Virginia Beach Boulevard.The proposed townhouse-style units align with the R-2.5 Residential Townhouse District zoning immediately adjacent to the east.The townhouse-style units are approximately 120 feet from the single-family homes to the north. As depicted on the proffered concept plan, the site design is defined by a grid of internal driveways utilizing the existing vehicular entrances from Virginia Beach Boulevard and Thalia Drive.This scheme provides vehicular circulation and a parking layout that is better organized than the existing condition.The buildings will frame and reinforce the vehicular and pedestrian circulation. Sidewalks proposed throughout the site will allow for easy pedestrian access to all buildings and parking areas and direct pedestrian connections will be provided to the sidewalk along Virginia Beach Boulevard. Bike rack areas will be provided in each parking garage as required. Dumpsters and related service infrastructure will be located with the multi-family building garages and/or integrated into building facades. On the advice of Staff, the applicant revised the architecture to reflect a traditional style with "residential" elements including mansard roofs and dormers. It is Staff's opinion that the proposed exterior building materials of brick and fiber cement siding depicted on the proffered elevations are of high quality, meeting the Comprehensive Plan's vision of high quality and attractive buildings.The use of varied materials reduces the massing of Buildings 1 and 2 into vertical elements, reinforced by the roof line. The substantial use of brick along the first floor of these buildings will architecturally"ground"the buildings and will provide continuity of design between the existing and future structures. The use of brick along the ground floors also provides effective screening of parked vehicles on the ground floor. The color palette for the upper floors includes gray and light neutral colors to complement the brick. While smaller in scale, the townhouses use many of the same architectural elements and color palette found in Buildings 1 and 2 to achieve a cohesive look. There is an existing wooded buffer along the northern property line, providing screening from the existing commercial and warehouse activities on the site to the adjacent single-family residential neighborhood.There are several mature trees throughout the site that the applicant seeks to protect and retain, recognizing that other than along the northern property line many of the existing mature trees will be removed. Per the Zoning Ordinance, a minimum 15-foot wide Category IV landscape buffer is required adjacent to residential properties; however, a 20-foot wide buffer is proposed to better protect the existing tree canopy and to enhance screening. To fully implement the Comprehensive Plan's recommendation for effective buffers and open space, native evergreen understory trees will be added in strategic locations where there are openings in the under-story to provide an enhanced visual screen to the residential uses, but much of the screening will come from the existing preserved vegetation. An irrigation system is planned for the wooded area to promote vigorous growth and to sustain the trees after the construction.Specific for the future residents of the multi-family units, outdoor amenity space will be located within the courtyard of Building 1. In addition, street trees,ornamental plantings, and other landscape material are proposed along the public sidewalks and interior walkways to provide visual interest and enhancement. Foundation plantings, parking lot interior plantings, and enhanced street frontage plantings as depicted on the proffered plan. A Traffic Impact Analysis (TIA)was submitted for the project and reviewed and approved by Traffic Engineering Staff. The report concludes that the redevelopment is not expected to produce any adverse traffic impacts to adjacent roadways or intersections. The redevelopment will result in an increase in the number of Average Daily Trips (ADTs) for the site as the site is currently developed; however,the resulting ADTs are significantly less than what potentially could be generated if the property was redeveloped by-right with more of a retail and restaurant focus. Specifics can be found in the Traffic Impacts section of this report on page 8. Thalia Road Partners, LLC Agenda Item 4 Page 4 Staff does have concerns about the potential for queueing of traffic on northbound Thalia Road from the Virginia Beach Boulevard signalized intersection. The applicant is aware that at some point in the future Traffic Engineering Staff may require that the existing southernmost vehicular access point on Thalia Road be modified from a full access point to a right-in/right-out access point. This modification will be necessary if it is determined that the queue from the traffic signal backs vehicles up through this point of ingress/egress, causing a safety issue for left turning vehicles in and out of the site. A total of 553 parking spaces were originally afe proposed for this redevelopment which is less than the minimum number of parking spaces (614) required for this use per Section 203 of the Zoning Ordinance. As permitted in Section 203 of the Zoning Ordinance,the applicant submitted a Shared Parking Analysis for review by the Zoning Administrator to support the reduced number of spaces. Below is a summary of the parking requirements, the Shared Parking Analysis and Staffs position and determination. • For multi-family development,Section 203 of the Zoning Ordinance requires two parking spaces for the first fifty (50) units,then 1.75 parking spaces per each additional unit.This development proposes 261 units,which equates to 470 required spaces.The townhome-style units(classified as multi-family dwellings as they are not each on an individual lot)will use one space within a dedicated enclosed garage, and one space within a dedicated driveway. • The commercial uses on the property are considered a shopping center with a parking ratio of one space per two-hundred and fifty(250) square feet of area. Including the existing and proposed commercial development, 144 spaces would be required. Based on the proposed mix of uses of multi-family (apartments) and commercial (retail and restaurants), the Shared Parking Analysis concludes that the number of parking spaces proposed is sufficient to accommodate the parking demand for the entire site during peak parking demands,which has been determined to be 7:00 p.m.for both weekdays and weekends. Based on the analysis, the average parking demand during the peak period is estimated to require 492 parking spaces for a weekday and 494 spaces on the weekend. The original proposal with 553 spaces exceeded excccd:, the noted peak demand on both the weekday(by 61 spaces)and on the weekend (by 59 spaces). To ensure that the square footage of the retail and restaurant uses remains consistent with the figures used to calculate these parking demands, the proffer agreement limits the amount of new commercial square footage to no more than 6,500 square feet. Additionally,the proffer agreement regulates the number of studio, efficiency, one-,two-and three-bedrooms apartment units permitted on site. Of the 261 proposed dwelling units,a minimum number of 200 efficiency, studio, studio flat and/or one-bedroom units are proffered, therefore limiting the amount of parking needed. With 598 parking spaces now proposed,Over41,this results in a ratio of 1.74 4,3 bedrooms per unit which is greater significantly le" than the average of 1.7 bedrooms per unit found in suburban apartment complexes but less than aad 1.9 bedrooms per unit in urban complexes, according to the Institute for Transportation Engineers (ITE). Shared parking is well-suited for this redevelopment,given the periods of peak parking demand for the apartment and the commercial uses occurring at different times and can share the same parking areas.Additionally,Staff recognizes the parking analysis' internal capture rate, where residents of the apartment complex will not require additional parking spaces to visit the commercial uses. For the reasons stated above, the Zoning Administrator has determined that the submitted shared parking scenario is acceptable. Even though the Comprehensive Plan recommends preliminary stormwater management strategies be submitted generally for projects only in the Southern Rivers watershed, at the request of Staff, details regarding the proposed stormwater management strategy were submitted to the Development Services Center for review. The strategy contained the full scope of elements provided for such a review including impacts of increased rainfall amounts and sea level rise. The applicant provided a proffer that requires the system to be designed to accommodate the City of Virginia Beach's current 24-hour rainfall amounts plus a 20% increase as expected for future changing rainfall patterns, provided the City of Virginia Beach does not require additional modifications to the site plan which make such design reasonably impractical.The proposed system will tie into the existing stormwater drainage infrastructure on-site with no changes Thalia Road Partners, LLC Agenda Item 4 Page 5 proposed to the existing public storm sewer. The design demonstrates adequate conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5 feet of sea level rise. The DSC Staff agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements for this site. Final design and detailed updates will be made during site plan submittal. Additional details regarding stormwater management for the project can be found beginning on page 9 of this report. With respect to school impacts, Virginia Beach City Public Schools Staff find that the number of students generated by the development will be accommodated by all schools serving the neighborhood based on their current enrollment and capacity. These schools are Thalia Elementary, Independence Middle, and Princess Anne High and are currently within an acceptable utilization range of+/- 10%of optimum capacity In summary,Staff finds the request consistent with the Comprehensive Plan's recommendations as outlined above. The proposed redevelopment features high-quality traditional architecture, preservation of an established wooded buffer, and landscape enhancements will help to ensure a reasonable relationship to the surrounding residential neighborhood. Traffic is not expected to adversely affect adjacent roadways and intersections, on-site parking will be adequate during peak parking periods, stormwater management has the potential to successfully comply with requirements for the site, and public schools are deemed capable of accommodating future students from the apartments. The applicant's intent to set-aside 20%of the residential units at 80%of Area Median Income is consistent with the City Council's goals for improving the supply of workforce housing. Based on the considerations above,Staff recommends approval of the Conditional Rezoning request subject to the submitted proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be: (a). multifamily residential community with approximately 261 total units, nd in no^ ent greater than 265 nits, contemplated to be comprised as follows: (i). 200-efficiency, studio, studio flat and/or one-bedroom units (final unit design layout to be determined); (ii). 44-2 bedrooms units; and (iii). 17-3 bedrooms units. (b). new retail space of not more than 6,500 square feet and, approximately 29,278 29,778 square feet of existing retail space for a total of not more than approximately 35,778 36,278 square feet and to be developed substantially in accordance with the"Rezoning Site Plan Exhibit" dated April 27, 2020, a copy which has been exhibited to Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Proffer 2: When the Property is developed,the architectural design and exterior building materials excluding windows and accent features, of the structures housing the principal uses on the Property shall be substantially compatible with the architectural design features and exterior building materials reflected on Conceptual Elevation#1, Conceptual Elevation #2, and Conceptual Elevation#3 dated January 15, 2020, by the TS3, copies which have been exhibited to Virginia Beach City Council and are on file with the Virginia Beach Planning Department.The primary materials shall be a contrasting Thalia Road Partners, LLC Agenda Item 4 Page 6 fiber cement panel system with EIFS accent at stairs towers and vinyl windows. These primary building types will feature two buildings built above podium parking and the third will contain three level townhomes with a traditional single space parking garage at grade for each unit. Retail space with aluminum store fronts will face Virginia Beach Boulevard. Proffer 3: The project landscape architect will coordinate arboricultural review by an ISA Certified Arborist of existing vegetation for possible preservation and inclusiveness into the planting plans. Proffer 4: The project landscape architect will develop tree preservation plans and details for existing trees and shrubs deemed viable by the arborist. Proffer 5: The project landscape architect will develop planting plans in accordance with the latest version of the City of Virginia Beach Landscape Ordinance. Proffer 6: The project landscape architect will complement the stormwater management plan with green infrastructure solutions where appropriate. Proffer 7: All landscape work will be coordinated and designed by Virginia licensed landscape architects. Proffer 8: The stormwater system for the proposed development will be designed to accommodate the City of Virginia Beach's current 24-hour rainfall amounts plus a 20% increase as expected for future changing rainfall patterns, provided the City of Virginia Beach does not require additional modifications to the Grantor's site plan which make such design reasonably impractical. For purpose of such design, Grantor's engineer shall perform all analysis using the following inches of rain for the design storms: 1-year storm-3.60 inches 2-year storm -4.38 inches 10-year storm -6.77 inches 25-year storm - 8.39 inches 50-year storm -9.91 inches 100-year storm - 11.34 inches. Proffer 9: Further conditions may be required by the Grantee during detailed Site Plan and or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 10: All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by Grantee. Proffer 11: The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee, as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed.The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Thalia Road Partners, LLC Agenda Item 4 Page 7 Staff Comments: The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Staff notes that proffer 1 originally permitted s up to 265 multi-family dwelling units and proffer 2 indicated indicates no more than 36,278 square feet of commercial will be provided. These numbers are a slight increase above what is presented in the Shared Parking Analysis—up to 261 multi-family units and up to 29,778 square feet of commercial. The parking analysis revealed an excess of at least 59 parking spaces during peak demand times, which would be more than enough spaces to accommodate 265 units and 36,278 square feet of commercial uses. These differences equate to the need for eight more parking spaces, which remains far less than the 59 spaces deemed available in the analysis. For reasons of consistency, the applicant has since revised stated their intention to revise the proffers between the Planning Commission and City Council meetings to reflect the numbers provided in the Shared Parking Study (261 units and 35,778 total square feet of commercial uses). Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The property was once the site of the Tidewater Victory Memorial Hospital, completed in 1937. The hospital building later became the headquarters for a United States Army camp during World War II. From 1944 to 1946 it served as Camp Ashby POW camp for German soldiers. In the 1950's,the hospital/army headquarters building became Willis Wayside Furniture store. The 1937 building has been demolished and there are no historic buildings or structures remaining on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 44,500 ADT'(2019) 74,000 ADT 1(LOS 5"D") Existing Zoning2—2,414 ADT Boulevard Proposed Land Use 3—4,592 ADT Thalia Road 5,100 ADT'(2018) 9,900 ADT (LOS 5"D") By Right Zoning Use—7,644 ADT 'Average Daily Trips 2 as defined by existing 19,054 sf grocery store 3 as defined by existing 19,054 sf grocery 5 LOS=Level of Service and 10,224 sf of retail. It does not include store,10,224 sf existing retail, 6,500 sf existing 64,750 sf furniture store/warehouse new retail,and 261 multifamily dwelling and attached 22,000 sf retail to be removed units. with this development,as uses generate 4as defined by existing grocery store, significantly less traffic than typical retail. 10,224 sf existing retail,10,000 sf new Therefore,the existing trip generation ADT is retail,171,600 sf new office,and three(3) higher than this number. fast-food restaurants with drive thru. This "by-right"development scenario was provided by applicant and could be built without City Council action. Thalia Road Partners, LLC Agenda Item 4 Page 8 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes an eight-lane facility within a 155-foot right-of-way. No roadway CIP projects are slated for this roadway. Thalia Road in the vicinity of this application is considered a two-lane undivided collector/local street. It is not included within the MTP. The Virginia Beach Boulevard/Thalia Road signalized intersection operates under capacity and in 2018 had a 0.69 volume to capacity ratio for the peak hour period. The intersection ranks 90th out of 378 signalized intersections in Virginia Beach for crash rate for the 2016-2018 period. Public Utility Impacts Water There is an existing six-inch and eight-inch City water main, and a 16-inch and a 20-inch City water transmission main along Virginia Beach Boulevard. There is a 10-inch City water main along Thalia Road. The development must connect to City water. There are multiple water meters serving the site. Existing services may be used or upgraded to accommodate the proposed development. Sewer There is a 12-inch City sanitary sewer gravity main that increases to a 15-inch gravity main along Virginia Beach Boulevard, and a 12-inch City sanitary sewer gravity main along Thalia Road. The site is connected to City sanitary sewer. Based on the project information provided, the receiving gravity collection system was determined to have insufficient capacity to accommodate the calculated peak sewer flows. A full evaluation will be performed with review of an engineered site plan when more information is known. The applicant will be responsible for providing capacity enhancements if necessary, to serve their development. In this case, it could potentially involve replacement and upsizing of one or more gravity sewer mains. The public sanitary pump station on N Palm Ave (PS-264) will receive sewage flows from this project. This pump station was recently replaced and is sized to provide capacity for the proposed development. Water Capacity for Domestic and Fire Flows A full evaluation of water capacity for domestic and fire flows will be performed with review of an engineered site plan. Staff does not anticipate insufficient water capacity for this project; however, if calculations provided during site plan review do reveal an issue, the applicant will be required to make system upgrades to mitigate any adverse impact of the development. Stormwater Impacts Project Stormwater Design Staff Summary The project site is divided into 4 drainage areas with the majority of the proposed apartment project designed to convey stormwater runoff from 4.08 acres to a proposed stormwater management facility (SWMF) before flowing to the existing public drainage system within the Thalia Drive right-of-way and ultimately outfalling to an existing outfall at Thalia Creek. 1.91 acres of the site's runoff will convey to the existing public drainage system in the Virginia Beach Boulevard right-of-way which also outfalls into an existing outfall at Thalia Creek. The proposed system will tie into the existing stormwater drainage infrastructure on-site with no changes proposed to the existing public storm sewer. The 1.32-acre area of the site that currently directs perimeter surface drainage toward adjacent properties has been Thalia Road Partners, LLC Agenda Item 4 Page 9 significantly reduced to 0.22 acres (consisting of the perimeter tree-save areas)with the design and will continue to drain in this direction. The remaining 3.07-acre area of existing retail will continue to drain to the existing SWMF infiltration basin on site. The proposed SWMF is an underground detention system under the proposed northern parking area and is to include isolator rows within the chambers to provide water quality treatment. The proposed SWMF will be installed several feet below existing grade and allows for adequate space to install the parking pavement section above the system without needing to elevate or increase the final grade of the site. An existing stormwater infiltration basin is located on-site which was designed and installed with the Willis Wayside Retail Expansion. This existing SWMF is not being utilized to capture or treat any runoff from the proposed project. Through the post-construction as-built review process, it became known that the existing facility is ponding water due to reduced infiltration and which needs to be addressed. To limit construction impact and eliminate the possibility of potential damage of the repaired facility from new construction, staff believes it would be best to address the needed repairs with the construction of the apartment project. If the apartment project does not move forward, Public Works will proceed with the standard process to bring the facility back into compliance. The provided preliminary stormwater management design demonstrates adequate conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5'of sea-level rise (SLR). The model included an offsite analysis to verify that the project will not have a negative impact or increase flooding levels on the existing stormwater system upstream or downstream. Based on the information provided by Gaddy Engineering Services in the preliminary stormwater analysis, the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements for this site. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. Project Information Total project area: 9.28 Acres Pre-Development impervious area: 6.79 Acres Post-Development impervious area: 6.99 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model:Yes Does the analysis incorporate into design increased rainfall amounts(NOAA plus 20%)and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed: Underground storage detention chambers Total storage volume provided in proposed stormwater management facility: 50,122 cubic feet Description of outfall: Runoff leaves the site in three directions. Stormwater from the underground storage system will connect into the outlet pipe for the existing onsite SWMF,which then connects to the Thalia Drive storm sewer system. There are two pipes onsite that currently connect to the Virginia Beach Boulevard storm sewer system,and the proposed project will use those existing outfall pipes. A small area will continue to sheet flow around the site perimeter, but this area is reduced by 83%from existing conditions and does not include any impervious area. All the utilized existing storm sewer systems outfall to Thalia Creek within ±1100 feet. Downstream conveyance path:Thalia Creek leads to the Western Branch of the Lynnhaven River, past Little Neck Point into the Lynnhaven Bay,then eventually under the Lesner Bridge to the Chesapeake Bay. Thalia Road Partners, LLC Agenda Item 4 Page 10 Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 2.75 lb/yr Method of treatment proposed: 3.23 lb/yr is removed with underground infiltration chamber system isolator rows providing an excess of 0.48 lb/yr. Since less area will drain to the existing SWMF post-development therefore reducing its total nutrient removal, an additional 1.27 lb/yr removal is necessary. This will be accounted for by utilizing the excess 0.48 lb/yr from the underground system and purchasing 0.79 lb/yr in nutrient credits. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection: Attenuation of peak flow rates with reduction in hydraulic grade line for 10-year and 100-year storms (including 1.5' SLR) in all evaluated structures downstream of project site. 100-Year storm evaluation: Stormwater modeling demonstrates project meets requirement of no increase (0.00' increase in HGL) to any existing flooded areas. Sea-Level Rise: Project evaluated, and stormwater modeling demonstrates proposed structures will not be inundated with stormwater during 100-year (including 1.5' SLR) storm event. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Thalia Elementary 579 students 576 students 27 students 27 students Independence Middle 1,274 students 1,247 students 11 students 11 students Princess Anne High 1,751 students 1,880 students 12 students 12 students "Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Virginia Beach City Public Schools Staff find that students will be accommodated within the school buildings for their respective grade and attendance zone. All schools are currently within an acceptable utilization range of+/- 10% of optimum capacity. Public Outreach Information Planning Commission • The applicant met with the Thalia neighborhood and Civic League on December 2, 2019 to discuss the details of the request. According to the applicant, and in response to comments from that meeting, they have established a website http://boulevardatthalia.com. • The applicant has also reported that they have fielded and will continue to field questions from interested parties. However, given the current federal mandate for social distancing due to Covid-19, they will not hold any additional meetings with the community, but will rely upon the website, email and social media for continued engagement. To date, Staff has received emails from one citizen in support and 48 citizens in opposition to the application. Concerns raised include adequacy of parking, traffic, stormwater, schools, property values, density, public utilities, architecture, buffers, emergency response, and impact on natural resources. • The Conditional Rezoning request was originally scheduled for Planning Commission review on May 27, 2020, but was deferred to June 24, 2020 at the request of the applicant. Thalia Road Partners, LLC Agenda Item 4 Page 11 • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 22, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 2, 2020 and August 9, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 11, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 13, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,August 2, 2020 and August 9, 2020. • 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 August 11, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 14, 2020. Thalia Road Partners, LLC Agenda Item 4 Page 12 Original Concept Plan 3t f at ::slap ftI rS• Q ' tk ,F i tit6' /a3 N } of I wig �iLlf A ? •� y. —— E- i y' ir �,,a .. V III ®�' , I 1 ____ c C p . Q 1 xi' s • j1. —f . „.it ii.r..„.....,t r, , fr__ — i s II'. "itto i ,III ! � I I9t: ' 3 _,r i S� *V 1 Ii --I f • if rW , ►+� III �_�� 0— U . J e L d -- --- — �11kj. III��# pI �— �° I 1 — ' , i o °` I I I [II Il' - ___ . ‘1_,, ---;0 11••••••••71.1111111/V 1 a� 6.I`II Ito Ii: �Irlt. . — 1 vv. — •iiCO I i(s. Lir ___.w.„.i, :' 1 III 1i�. .] F II Ills 44 .� ,` �,J j aii+' 0 , ^, 1 .- e . .f ,44a 4' 1 24/6,0 WNW Zw10 mwu Thalia Road Partners, LLC Agenda Item 4 Page 13 Revised Concept Plan Submitted After June 24th PC Meeting AMI•0•353.1134 63.•••VId/V. IMP 1141.11.10%.V.I in,MOW • . 1 1 a •i I I:,It et iii, f i A? i 11?''',71 z: 1114• • I I ill ., Ik4=I 1 I 4744 dog/. 9d I 3 ll' 1 'IIP ,IIS 1 Nth l'N,,!' , . 1 ipi ,..- . ,. . , ..... _. dit, _it__ et .. .---_-iii, ., -,-, „- -, _....,11.. •Irism Mag." i /11111111111 It Al . •- . , r. MIX, , ,..,15) ...z. ....i ww...ja..,1.,,,t...rp.„..........._miii . „.....:,,.......„2., .......4,0,,.„..r.t. „go 1, • •Ti." * I a'•-•4 ;---• -- ,•.. ,i -4r. v.i. 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II I,,,, /4 " ' • " • ,,----- _ _... /W." -' ie:A, 110-7.41%. . • A ......a..,,, . i -L. • e §. . ,- , .\,. 0 • o•0 , E. • ,. .. .V.410*;--°- , , , , ,6.•. •e5• , • r------N_,,,. • . . . .. .I. . . ..9. . ,. .c.. • s; , ts....uor , • r --..- e-= ....•-•-••-•- 1 / \ : (•-• r• • . ° ° w.rta..01.• • -- 0 ) • ,.•;=...-- .. afro&WWI ... .c. - -Z Thalia Road Partners, LLC Agenda Item 4 Page 14 Proposed Elevations ..),106.ES/ I I II II110 1Z a D 0 5, E. if Nit il • , 8 8 E FE fij At. EH Pi- ffi rl 11.11. -I; Hi E 63 E Fri A III - z.: * z 13 EIIIIIM , . al FE 63 93 L7L.1 * E IE El 2.7 4 i.--. , * W i if ;.• 'hi ii)E11; 1 L iii-4214 ifita 'ii [ , -EB EI3 FE , 3 >- RI AI s!ill , - . :: L 1r' . 2 ip 1- — . -' 11 .• l .... 1 .. el. . . .. . s.“..... ilt it tH 03: EH IS „,, bii kil iii --A 1 Lj II 'I a • in Il am , 11 1 'is 5 _ l „Hi E3 Hi FH lir re 5 1„:111r...il ii . go MI 1 II alw4 4 8 IN NA iBE iJI-J I ). `kii iir. 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O Z I 5 iEs 1E3 8 ER - 5 g II _ o 0 m ❑ ❑ • a 411 t illrr -, d ,_:e.1 °' ` it Ili it_ ■- > !a a • a o • r rt§ a 0 - O F Q z ; 0 w CC w > r .. r .• r r , ' - r r r r r r r w N J 0 0 z 0 m O o J u. 5 __ m ro Thalia Road Partners, LLC Agenda Item 4 Page 16 Proposed Elevations 00 9106 tESI --. I 1 • i II 11-3 ' Mo Dtil Ilimmi )" 141 W re 888 -- )- NI ti , 888 I I ' 888 'Xi 4-•. 888 --- F CI C3 . 1n NI,7 1111,,, 888 888 NC MI : I 1 • E B E ; E E < 2 :r a E E E \EF E .7--- ..., -t 7.3 C3 ir El 0 I I*.,.... . I 4_7 B El ' 2 , m , B B '..5 ce 1 I%.., _ 5 ----... o OI Mu< < El E 3 - IT 5 H I rs 5 i i f-, •• 1 E E : g z : ., .., . i, : 8 B.. i..__ : E L,1 rr 0 EB p 6 . ci I I I '.. L t <I- LI a w CE < U3 > ri W 0 -1 0 D z 0 a ccl§ -J 5 I- m :. Thalia Road Partners, LLC Agenda Item 4 Page 17 Site Photos J � � y #" � , .,-4... "yV C� � ?l 4. k> x m art .• irr J S , i, * II . as.. .. 4.i v, Ailick impor ; -.....;:- ''''-"...-'. -' t .. b 1 !! 'A : ti .—rr . � `",s . •. < t �a `t. . "r- i luau� NR ti 11 ti _ _.. ., - ��r...�"' `- _ =+ems•. • Thalia Road Partners, LLC Agenda Item 4 Page 18 Site Photos , ''4144•4. j« 3� `� �1• h' ♦ O • : ~ 9 'tiQ1 .'4 Sv jr1 ;?i _E di ' -lei t1 :' , + Q ~ : }s`e4- di »._.r1 !Z.'''.4 ••e r y. �� vi. n': - : �Y :.' / 44 • y 44 ► T •41 3 __ _ _ i tlUMNT II i ►►.a. t Va r *x J., C i f•• lV q,•j .' • i S N,ram 'i l""':d 1 4, ., 0 , — IL imiiiimillimm a ,,,.. '.,,iiitilitil . 1 r\ , • Thalia Road Partners, LLC Agenda Item 4 Page 19 Disclosure Statement Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exce.tion for _ (EDIP) _ Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board •---- The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. . -. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit, Council meetin. that.ertains to the a;rlication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: ® NO CHANGES AS OF DATE: 08.05.2020 I BL REVISIONS SUBMITTED DATE: J Thalia Road Partners, LLC Agenda Item 4 Page 20 Disclosure Statement ,M3 Virginia Beach n Check here if the APPLICANT 15 NOT a corporation, partnership, firm. business, or other unincorporated organization. I^f Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Thalia Road Partners LLC If an LLC, list all member's names: John L. Gibson, Ill, Bruce A. Berlin, Michael A. Culpepper, Donna L.Whitaker, Benjamin J.Willis, Ill If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 -4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:(seepage 2a insert) If an LLC, list the member's names:(see page 2a insert) Page 2 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 21 Disclosure Statement SECTION 2/PROPERTY OWNER DISCLOSURE (A) List of Property Owner's name. WAYSIDE VILLAGE SHOPPES LLC Members Names: J.Blaine Denny Susan CampbelLA.Bruce Bingham,James Denny IV Steward Russ,John Russ,Suzanne Richards WILLIS REALTY CORPORATION Members Names: Benjamin J.Willis.III Page 2a of 7 Thalia Road Partners, LLC Agenda Item 4 Page 22 Disclosure Statement itginia B ach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (see page 2a insert) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 23 Disclosure Statement APPLICANT r 2} Virginia Beach ® NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Kevin Riggins,BDO your tax return ( ❑ Architect/Landscape Architect/ Mike Gaddy,Gaddy Engineering Land Planner Contract Purchaser(if other than Thalia Road Partners LLC the Applicant)- identify purchaser — and purchaser's service providers Any other pending or proposed N/A n purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) Z111 Construction Contractors Marlyn Development nEngineers/Surveyors/Agents j Mike Gaddy,Gaddy Engineering Financing(include current i VHDA ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) zC `Legal Services Jeff Stedfast,Kaufman&Canoles Real Estate Brokers/ 1 Venture Realty Group,Colliers CAgents/Realtors for current and International l- anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 24 Disclosure Statement 1)1113 ___,_ -- APPLICANT (r-•-t-0--) Virginia Beach ® NO [ SERVICE 1 PROVIDER(uu.addifionai sheets if needed) Traffic Consultant ( Steve Froncillo,Volkert Inc. i �71 Design&Development Berry Frankenfield,Frankenfield �1 Consultant Design+Development H 0 ❑ n ❑ 0 1 U n _ ____ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have U xi an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 25 Disclosure Statement Vii►ginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. John L.Gibson, 111 APPLI4 'S SI VATURE PRINT NAME DATE Page 5 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 26 Disclosure Statement \fi3 OWNER Virginia Beach YES No SERVICE PROVIDER(use additional sheets in needed) l ❑ Accounting and/or preparer of Kevin Riggins,BDO I your tax return Z n Architect/Landscape Architect/ Mike Gaddy,Gaddy Engineering ' Land Planner ® ' ❑ Contract Purchaser(if other than Thalia Road Partners LLC the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed N/A fl II purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1 1 ❑ Construction Contractors Marlyn Development F ❑ Engineers/Surveyors/Agents Mike Gaddy,Gaddy Engineering Financing(include current VHDA mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) Z ❑ Legal Services Jeff Stedfast,Kaufman&Canoles Real Estate Brokers / Venture Realty Group,Collier ❑ Agents/Realtors for current and International anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 27 Disclosure Statement eNEB Virginia Beach w _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is j complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A licati . CP Div J' 11)11,1/s PR PER OWNER'S SIGNATURE PRINT NAME DATE -- Page 7 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 28 Disclosure Statement Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication. _ PR RTY OWNER'S SIGNATURE PRINT NAME DATE l/h u to .e- c �c�t7s, U\ltrr1 ct )64-IC LL L Page 7 of 7 Thalia Road Partners, LLC Agenda Item 4 Page 29 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Thalia Road Partners, LLC Agenda Item 4 Page 30 The verbatim of the June 24,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 18, 2020,again due to advertising error. Items#5. Thalia Road Partners, LLC[Applicant] Wayside Village Shoppes, LLC&Willis Realty Corporation [Owners] Conditional Rezoning(B-2 Community Business District to Conditional B-4 Mixed-Use District) 4216&4220 Virginia Beach Boulevard June 24,2020 RECOMMENDED FOR APPROVAL-HEARD Mr. Landfair: Thank you. The last item on today's Agenda is item number five, Thalia Road Partners LLC, for Conditional Rezoning from B2 Community Business District to Conditional B4 Mixed Use District at 4216 and 4220 Virginia Beach Boulevard in the Lynnhaven district. The applicant's representative is Mr. Barry Frankenfield and he will be joined at the microphone Mr. John Gibson for 10 minutes. Please state your name for the record. Thank you. Ms. Oliver: Welcome Mr. Frankenfield, how are you? Mr. Frankenfield: Hello Planning Commissioner, I am hanging in there. This is my first venture into the private sector, so we will see how this goes. I am Barry Frankenfield. I am a local landscape architect. Some of you might know me as the retired Planning Director. I was fortunate enough to hand the reins over to Bobby Tajan, who has by all accounts done a fantastic job of keeping everything going in this very, very difficult time. We also, want to thank you Staff that has done an excellent job on the report, and we really appreciate all the work they have done to balance out again the somewhat difficult issues on this project. You were told this morning, please note that there are some minor revisions to the proffers. They will be reviewed by counsel and they are simply to clean up some math areas in the size, the amount of apartments and the size of the square foot of the retail. My comments will refer to slides three and six. I won't speak to those slides but I may mention something about them for you to look at. But as landscape architect, I always look at the appearance of a project,is it attractive. The design on this project is very attractive. The buildings are brick and cement. Well done architecture. The project replaces old warehouse and a business that is out of date, and the site is well done with a large buffer, 20-foot buffer as well as a space with the parking lot. And again the townhouses are sized to be lower and transition up to the higher site. The project is socially equitable with the workforce housing and environmentally appropriate. It's 1 the right mix of the product for the economics of the time. In fact, the project represents a $45 million investment with approximately $400,000 a year potential tax revenue. The project is a mix of townhouses, apartments, and retail and you asked in the briefing they are all rental product, they will have a requirement for workforce housing, and this is not Low Income Housing. This is simply if you are of an income $40,000 for a single, $80,000 for a family. You can rent at these apartments. The units are no different. They are all the same. Everybody can rent them at the same price. So, there is no significant difference in the product. So, let us talk about some issues and concerns. I will start with stormwater.I am going to give you the Barry Frankenfield version of storm water, dirty water pollution, flooding is not increased by this project. It is a simple fact that redevelopment reduces flooding, improves the quality and is a much better project. This is the existing development that has to be retrofitted. Venture has provided a detailed stormwater report, and in that report they have shown that this project will meet all existing regulations that have been asked of them, such as the increased rainfall, will meet the hundred year flood containment requirements and responds to the 1.5 feet potential sea level rise. There is no impact of the storm water to pollution to water quality. The applicant has also, provided detailed reports for parking and traffic. This project meets your parking ordinance requirements because it has a shared use agreement,and your Zoning Administrator has approved it. The product mix exceeds 70%, either single bedroom efficiency or studio and it also, provides a tremendous opportunity to share with the retail on the property. Thalia Road, Virginia Beach Boulevard and the intersection, are all under capacity. So, there is no significant traffic input here,your traffic engineers have supported that. Looking at character, which is a big issue is this is the right character, does this belong here. Looking at the Boulevard from the beach to Norfolk, this is not out of character. You all know what the Boulevard looks like, you know what is on the Boulevard. It is everything from the car dealerships, the big box to apartments, retail strip shops. On page five your hand-out would show what we understand to be the Thalia District. Now, what we did is we took all those places named Thalia, and we put a line around them. So, if you look at that district, well over 50% of that district is rental. So, rental is not out of character with this district at all. So, finally, let us talk about the B2 zoning, which exists. B2 zoning allows big box, allows retail and drive through restaurants and other things,but this is a Conditional Rezoning. What you see is what you get. You will get no big box, no drive thru and no change to what is approved. So, that is the overall summary that I have. It is a well-respected local development group. There is no increase in pollution. Excellent traffic facilities, appropriate parking and the apartments that are consistent with the character of the Boulevard and it is a great housing project for a variety of incomes. With that, I would like to introduce John Gibson, who is the managing partner of 2 the Venture Group. I will give you some a little more information on this preliminary discussion and I thank you so, much for your time and if you have any questions please feel free to ask me. Ms. Oliver: Thank you. Mr. Gibson: Madam Chair, members of the Planning Commission good afternoon. I am John Gibson with Venture Realty Group, and I am here today in clear support with The Boulevard at Thalia Application. As you know, we desire to rezone two properties to feature 261 apartments with 6500 square feet of new commercial space to adjoin the existing Aldi and out parcel. Once completed,we will transform the entire retail facility into a vibrant upscale mixed-use community in full compliance with city regulations. To help achieve our vision, Venture is partnering once again with best professional firms in the 757 to produce this opportunity. For 18 months, our team of experts have studied this and examined and confirmed the redevelopment plan using tried and true fact-based science and logic, not emotion. Our goal from day one remains our goal today, and that is to produce another award-winning mixed use community by redeveloping the portions of the properties that are both economically and functionally obsolete. We have listened to the public and those who oppose us. We have adjusted our initial plans by reducing apartment counts and reducing commercial footprint. We have increased our internal parking capacity, yet we have made a similar impervious ratio to the existing obsolete industry. We have provided expert analysis on traffic impact, shared parking and even engineered to 100-year storm water solution. We have revised architectural elevations and incorporated workforce housing solution. As to the latter, we intend to partner with DHDA and utilize our 80:20 mixed use program. Simply put 20% of our apartments, apartment homes will be reserved for community members who make less than 80% of our city's median income. In all candour this is not unique. Virginia Beach recently did this with the Armada Hoffler project at the oceanfront on 27th Street. Norfolk has also, used this program when the Bank of America building was converted and redeveloped into the luxury icon apartment project. Despite COVID, we have continued our public engagement by creating the Boulevard at Thalia website. We have updated the website frequently, and we have published all our third party reports on it. We have answered emails, phone calls and once again operated an open and transparent manner despite being shunned by the Thalia's. It is interesting to note, most of the studies and reports I have referenced are all optional, not required for this rezoning here. But that is not how we roll. Once again, we have gone over and beyond the city requirements because we strive to be a leading development firm. Venture is known for many award- winning projects from the Crossings at Red Mill,The Amerigroup National Support Centers, the Marketplace at Hilltop and Red Mill Commons to name just a few in 3 Virginia Beach. We have won numerous Garden Club awards, Planning Commission awards, and even National Acclaim. Our track record is outstanding and our proposal today will uniquely unified by the properties by utilizing great architecture and space making to craft vibrant uses today. The B4 mixed use zoning we seek is significantly less intense than redevelopment by right. The Wayside Shops are currently less than 30% renting. The furniture store no longer needs so much space. Our plan capitalizes on these facts, yet make no mistake, change is coming to the Boulevard. Today you have the opportunity to embrace the change, the diverse change we offer or await the by right big box sprawl that will be many times more intense. Your vote for Boulevard at Thalia supports fact based logic while creating jobs and hitting here five times the city's current tax base and $45 million of new investment from the private sector. We believe you should disavow the promotion of fake news, and do not support those who have perceived rental competition from us. Vote for a project is 100% consistent with the City Council's stated, land use objectives, including stormwater, mixed use and workforce housing. Vote for a project that is consistent with well over a decade of Similar Planning Commission and city council rezoning. Vote for Thalia Road Partners. Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, there are 54 people who have signed up in advance to speak on this application. Each speaker has up to three minutes to make comments. If you are not affiliated with the applicant following your comments please exit the chamber using the door on your left as the rooms capacity is limited. Madam Chair, the next speaker is Bennett Atwell, followed by Wendy Drucker. Mr. Atwell is a virtual speaker, Mr. Atwell, please pause for three seconds so, we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Atwell: Yes, this is Bennett Atwell, and I am the Business Development and Operations Manager for the rental housing division at Virginia Housing, and today I am here to answer questions that you may have regarding our financing programs. I am not here to advocate for the property, although I hope that we will have the business. But I am here to answer your questions if you all have questions for us. Ms. Oliver: Do you have any questions? Mr. Landfair: Thank you, Madam Chair, the next speaker is Wendy Drucker, followed by Tarra Seacrest. Ms. Drucker, please state your name for the record. Thank you. Ms. Drucker: I am Wendy Drucker, and I am the managing director of Drucker and Falk, an 83 year old Newport News based company specializing in the management of multifamily apartment communities. I have been actively involved with Drucker 4 and Falk for more than 39 years. Our apartment portfolio consists of 37,000 apartments across 13 states with 30% of those located in Hampton Roads. Each apartment community we manage is fully staffed with professionals, both on the management side and the maintenance side, and our teams hold coveted industry and professional designations. I pride myself on the fact that on any given day, approximately 100,000 people come home to a well-managed, well-maintained apartment that they and their family call home. I first met John Gibson in 2003 consulting on the development of the Crossings at Red Mill in Virginia Beach, an apartment community that they still own and we still manage today. In 2014, Drucker and Falk again worked with John Gibson and his team to develop Venture Apartments in Tech Center, a Class-A apartment community in Newport News. With stellar interior and exterior finishes,including nest thermostats, stainless steel appliances, built in microwaves, full sized front loading washers and dryers, a saltwater resort pool, grilling stations with big screen TVs, a fitness centre, yoga and TRX studio, pet spa, gaming room, and of course professional onsite management and maintenance. Venture has been recognized nationally for resident satisfaction. Apartment living is not what it was 20 years ago and it is no longer housing by default. Residents choose to live in an apartment due to the maintenance free resort and amenity rich lifestyle that apartment communities offer today. It is a way of life. It is a choice that people make and enable cities and the business community to attract and retain their valued workers and citizens. Now working again with John Gibson and his team on the Boulevard at Thalia., we have leveraged our collective experience and expertise to design a community that will appeal to a wide range of renters, ranging from those starting out in their careers looking for a studio or a one bedroom apartment, to empty nesters who are looking for all of the convenience and customer service that renting in an apartment community provides them. As an active member of numerous national apartment management organizations, Drucker and Falk prides itself on the level of professionalism that we provide each community that we manage on a day to day basis. I thank you for your time and look forward to your supporting this development. Ms. Oliver: Thank you. Do you have any questions for the speaker? Mr. Landfair: Madam Chair, the next speaker is Tara Seacrest, followed by Allison Mack. Ms. Seacrest, please state your name for the record. Thank you. Ms. Seacrest: Good afternoon. My name is Tara Seacrest, and I am the Director of Property Development and Marketing for the locally based Drucker and Falk, and one of my main areas of expertise in multifamily development and new construction. It is quite common to find me in a hardhat and safety glasses out on a dirt field, and not in a suit and heels since I have been doing this for over 15 years. I play an active role in 5 assisting developers and owners with over 30 different multifamily projects, containing over 5000 apartment homes. As a management partner, it is critical that the onsite property management company that is going to be located on the property day in and day out, is involved in the development from day one. We provide our guidance and expertise on operational items such as residence selection criteria, trash collection,community rules and regulations,just to name a few. I can say with great conviction that Drucker and Falk has been highly involved with almost every aspect of the Boulevard at Thalia since the beginning. With over 40,000 apartment homes across 13 different states, we have access to a tremendous amount of data, including parking ratios.We have the privilege of managing everything from 1950s communities with an abundance of parking lots, to historic rehab apartment communities located in Downtown Richmond, that have very limited to zero amount of resident parking. Drucker and Falk has found that 1.5 parking spaces per unit is more than enough for parking and anything above 1.5 is considered additional. The Boulevard at Thalia has 553 parking spaces, which equates to 1.57 spaces per unit. The onsite management team will execute the parking plan. Each apartment address will be granted one parking space. When a new residence signs the residential lease agreement,they will also be signing an addendum that provides the parking guidelines in great detail. Then they will receive a resident parking decal that is specific to them and their apartment address. This decal will provide them the ability to park within the apartment community. Residence who wishes to have another parking space will be granted an additional space as availability arises and a waitlist will be created if need be. A vendor partner towing company will be selected to closely monitor and enforce the strict parking policy with the apartment residents. A shared parking plan is very common in urban locations, and is currently in place at local communities such as the Mayflower Apartments at the Oceanfront, the Wainwright Apartments in Downtown Norfolk, and the Cosmopolitan Encore and Premier Apartments, all located very close to us in Virginia Beach Town Center. On behalf of Drucker and Falk, we agree that the provided parking analysis, and the current number of parking spaces, per unit is more than sufficient. Thank you for your time today and I look forward. Ms. Oliver: Thank you very much. Ms. Seacrest: Thank you. Ms. Oliver: Thank you very much. We are strict today on time. Sorry. Mr. Landfair: Madam Chair,the next speaker is Allison Mack,followed by Ben Willis. Ms.Mack please state your name for the record. Thank you. 6 Ms. Mack: Good afternoon. My name is Allison Mack, Manager of Marketing and Property Development for Drucker and Falk. Please reference slide number seven in the handout as I will refer to those demographics. At Drucker and Falk's professionally managed Class-A communities in accordance with all federal, state and local fair housing laws,all of our residents are required to meet our resident selection criteria, in order to call our communities home. Applicants are required to have an income requirement of at least three times the monthly rental amount,have a positive rental and or mortgage history and have a credit history that positively reflects their ability and willingness to make timely payments as required by the lease and the ability to comply with lease terms and community policies and guidelines. Additionally, a public records and criminal background check is conducted on each applicant. In my previous role with Drucker and Falk as an onsite property manager for 10 years it was my responsibility to manage a team of five to eight employees daily to ensure that we were releasing apartments in accordance with the residents selection criteria and all fair housing laws, that our buildings their individual homes, common hallways and the grounds remain pristine and clean at all times. And our residents were satisfied with the level of customer service provided by my team, which included 24-hour maintenance, upkeep of amenity spaces, monthly community events, and package acceptance. In my experience managing Class-A multifamily projects in Hampton Roads, the demographics that I have personally experienced are millennials and empty nesters who are looking for the maintenance-free and amenity rich lifestyle that these communities offer. Over 80%of my residents were military, business, professionals or worked within a skilled trade, such as teachers, nurses, and police officers with 42% of them making between 50 and $75,000 per year. At the Boulevard at Thalia, we project the same demographic based on the location and unit mix we will offer, with 76% of our homes being efficiencies, studios, and one bedroom, we anticipate seeing at least 75% of those homes occupied by only one individual. I am looking forward to another successful partnership between Drucker and Falk and Venture Realty to bring the vision of the Boulevard at Thalia to life and offer the current and future residents of the City of Virginia Beach and the Thalia Community, a phenomenal Class-A Apartment Community that they can call home. Thank you. Ms. Oliver: Thank you. Any questions? Mr. Landfair: Madam Chair, the next speaker is Ben Willis, followed by Blaine Denny. Mr. Willis, please state your name for the record. Thank you. Mr. Willis: Good afternoon. I am Ben Willis, one of the current property owners. My family has owned the property in question since 1950,when it was abandoned after World War II that is three generations. We have operated Willis Furniture Company when it moved from Downtown Norfolk. In the 35 years, I have been involved in the 7 company we have witnessed and experienced much change in Virginia Beach and in our area. Over that time the needs of our family and the operating business have changed and evolved. The proposal before you has been made after much study. Long term, I think, it is the best use of the property and preferable to other permissible uses. I urge you to vote in favor of the proposal. And, I appreciate your consideration and thank you for your time. Ms. Oliver: Do you have any questions to Mr. Willis. None. Thank you very much. Mr. Landfair: Madam Chair, the next speaker is Blaine Denny, followed by Billy Almond. Mr. Denny, please state your name for the record. Thank you. Mr. Danny: Madam Chair and Commissioners. I am Blaine Danny from the managing partner for the seven family members that own the smaller of the two parcels on consideration for rezoning today. And, I speak in favor of the proposed rezoning to B4. Our 25,000, square foot building is a colonial building. It was designed some 40 years ago to accommodate small shops, locally owned and retail. The time has long passed for that concept in retail. In August 2018, our group voted to sell our two acres on Virginia Beach Boulevard. And, when the proposal arose to re- combine the two properties into one for a more substantial project, we thought that would be meaningful and fitting end to our ownership. I am surprised that there has been so much opposition. Our property was for sale before the proposal before you today was ever developed, and it will remain for sale,if the proposed rezoning fails today, or we will redevelop the property ourselves. Our property does not join the Thalia residential area on any side. So, the varied uses permitted by B2 will not be a consideration for the Thalia Civic League. Already, on site there is a sub shop, there is a pizza shop,there is Mexican fast food. Regardless,the outcome today our building will not stay as is for very long. I urge you to vote in favor of this rezoning. Thank you. Ms. Oliver: Any questions for Mr. Denny. Mr. Graham: Just one real quick question and what is your current occupancy? Mr. Danny: Oh gee, it is about 30%. Mr. Graham: Okay, that is all. Mr. Danny: It is not good, it is a tough sale these days. Mr. Graham: Okay, thank you. Ms. Oliver: Okay, thank you Blaine. 8 Mr. Landfair: Madam Chair, the next speaker is Billy Almond, followed by Michael Gaddy. Mr. Almond, please state your name for the record. Thank you. Mr. Almond: Good afternoon. I am Billy Almond Landscape Architect for the project,my slides begin on page eight. I have lived here all my life, I have been visiting Thalia since the early 1950s, my aunt and uncle lived in Thalia Drive. But, if you get up in the air as the aerial shows you and fly from the oceanfront, all the way into Downtown Norfolk,you have the same uses from the Boulevard to commercial,to business,to residential. It runs all the way into Downtown Norfolk. This is the edge that the Boulevard has on the north and south and it transitions from Linkhorn Park to Birdneck Point to Linlier, Laurel Manor, Hilltop Manor, Point O'Woods, Chesopean Colony, Kings Grant, Malibu, Birchwood and to Thalia. Now, I am on number nine. The threat of this forested area is that transition zone between the commercial and business into that residential property and that is a big part of what we are doing and now I am on slide 10, as landscape architects were trying to make the view into our project as pleasing as possible and most people will ask what am I going to see. On slide 11, you will see that forested edge as it runs right into the Willis property. On slide 12, you will see that what our goal is trying to enhance that edge, so, that that does not change in terms of what people actually see from the north looking south. On slide 13, you can see another photograph of that beautiful buffer. On slide 14,more specifically,it is our goal to preserve 20 feet or more of this forested area including the understory to keep that forest system intact. On slide 15, as we have dropped through the woods there, it is very clear to us that the real screening from the neighbors is in the understory, not the canopy trees above. So, our real goal on slide 16 is forest preservation that is a big part of what we are doing. We have been doing forest preservation plans for over 40 years from Norfolk Airport through small residential projects, employing ISA Certified Arborist to do root pruning,chain link fence protection,and canopy reduction. Slide 17, gives you a glimpse of the woods what we are trying to do since it is all hardwood forest is to be able to add understory evergreen trees like American Holly and Sweet Bay Magnolia. On slide 18,the rest of the property would be landscaped similar to our past work using sustainable Green Blue infrastructure systems, the remaining of the site will be covered in canopy and shrubs and perennials. Planting design nowadays has a lot to do with rainwater management. That will be a big part of our emphasis. Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Mick Gaddy, followed by Steve Froncillo. Mr. Gaddy please state your name for the record. Thank you. 9 Mr. Gaddy: Thank you. Good afternoon,members of Planning Commission. My name is Mick Gaddy and I am a Civil Engineer of record for this project. I would like to take a few minutes to discuss our overall Stormwater Management Strategy for the site. As you know, the existing site is currently developed with existing buildings and large parking areas. This equates to an overall existing site impervious ratio of 73.2%. Under the existing conditions, only approximately half of the existing impervious area is being treated by a BMP. The existing BMP was constructed in 2007, as part of the requirements for the retail shops out front. We are aware that the existing BMP may need to be evaluated as to its functionality. We will continue to work with the Development Team and City Staff during the site plan review to investigate and recommend improvements to ensure its functionality as designed. Under the proposed conditions,the site's impervious ratio will only increase slightly to 75%. We plan to reduce the amount of area draining to the existing BMP, and redirect it, along with other areas of the development to a new larger BMP system. We are proposing the large BMP system within the rear parking area of the development as shown on the proffered plan before you. This proposed BMP will consist of impervious pavement system and a large area of underground stormwater chambers that will filter pollutants and provide for a large amount of storage capacity to attenuate storms up to the 100-year storm event. Along with the construction of this BMP,we propose to purchase additional nutrient credits to help achieve the nutrient removal requirements required by code. These nutrient credits will be purchased within the same watershed and will be used to convert existing pollutant generating farmlands to areas of reforestation. This proposed stormwater design will meet all the requirements of Virginia Beach Stormwater Ordinance. Although,not required,we chose to prepare and submit to City Staff, a preliminary stormwater analysis. This analysis was prepared with the more stringent requirements of a project that would be located in the Southern Rivers Watershed, to include 20% increase in rainfall patterns and a potential future sea level rise of 1.5 feet. The development team has agreed to include this 20%increase in rainfall, as a proffered condition. In addition, we have provided a complex Swim Model, showing our development will not cause any adverse impacts to downstream or upstream stormwater systems. In fact, due to the large amount of underground storage, the hydraulic grade lines within the area will be lowered for all storms, up to 100-year event. Thank you for your time and I can be available for questions. Ms. Oliver: Thank you very much. Are there any questions for Mr. Gaddy. Yes, Mr. Wall. Mr. Wall: We have had other projects with added storm chambers and underground storage and it is surprising that they raised the elevation of the parking lots. And, I think it was a detriment to the neighbors. What do you expect, what are your expectations of the parking lot that is at the rear of the property? 10 Mr. Gaddy: Sure, typically, the design of these chambers are a function of the elevation of the groundwater and based on the research that we have done, we do not think that is going to be a problem. So, we are not proposing to raise the grade of that parking lot in that area. Mr. Wall: Okay, so that is the expectation is that the grade of the parking lots will stay and create the ground surface. Mr. Gaddy: Yes. Ms. Oliver: Thank you very much. Mr. Gaddy: Thank you. Mr. Landfair: Madam Chair, the next speaker is Steve Froncillo, followed by Tom Smith. Mr. Froncillo,please state your name for the record. Thank you. Mr. Froncillo: Good afternoon. My name is Steve Froncillo, I am a Senior Traffic Engineer with Volkert and I prepare the traffic analysis and the parking analysis for this project. Both of these studies were submitted for review and were approved by City Staff. The traffic study analyzed the intersection operations at Virginia Beach Boulevard and Thalia Road for existing conditions and conditions with the proposed project. Under existing conditions, the analysis shows the intersection operating in an overall level of Service-C during both the am and pm peak hours. With the added traffic expected with the proposed redevelopment,the overall intersection operation is expect to remain at an acceptable level of Service-C or better during the am and pm peak hours, and is not expected to produce any adverse impacts to the intersection operations. The traffic study also, included analysis that compared the estimated trip generation of the proposed project to the number of trips that could be result from a potential by right redevelopment on the current B2 Zoning. Two potential by rights scenarios were evaluated. The first scenario assumes that the entire site would be redeveloped with a big box store.The second scenario assumed at the Aldi grocery store and the existing retail located in the front left corner of the site would remain similar to what this project is proposing. Although, the existing furniture store and remaining retail would be redeveloped with office uses and the restaurant, and other retail uses. Both of these scenarios were shown to generate significantly more trips than the proposed project.The big box store would generate approximately 1700 more trips and a proposed redevelopment in the office, in retail, and in restaurants scenario would generate approximately 3000 more trips than is compared to the proposed project. In summarizing the traffic study findings, the proposed rezoning is not expected to have any significant impact on the current operation and will most likely have a less of an impact on the site, if were to be 11 redeveloped under the current B2 Zoning. I thank you for your time and I will stand by for any questions. Ms. Oliver: Anybody have any questions? No. Thank you very much. Mr. Landfair: Madam Chair the next speaker is Tom Smith,followed by Bruce Berlin. Mr. Smith, please state your name for the record. Thank you. Mr. Smith: Good afternoon. My name is Tom Smith and I am the principal at TS3 Architects which is located here in Virginia Beach,most of the lead designer and here to speak in support of the Boulevard at Thalia. The new community has a total of 261 apartment homes, distributed in three buildings across the 9.2 acre site. For reference, we are referring to buildings as building one, which is the U-shaped building which is adjacent to all these along the Boulevard, building two, which is the bar shaped building that is in the middle of the site and building three which comprises of four individual buildings,which is located on the back end of the site. There was a conscious decision to step the massing of the three buildings down from Virginia Beach Boulevard towards the middle of site.Building one is a mixed- use building with first floor retail and community amenity space, including an elevated pool on the second level that addresses the Boulevard and serve as a buffer to separate the quiet residential area from the busy commercial street. Building two is designed as a smaller version of building one without the retail and the amenities. Building three on the backside of this site are only three stories and are broken up into smaller masses that are much closer scale to the single-family homes that as we address the Thalia Community. The smaller townhome style the rear of the site is set back approximately 121 feet from the closest house. After the December meeting with the Civil League, we changed the building elevations from a contemporary building to more of a traditional building, incorporating more colonial design elements. The building facade is divided into small sections that break down the overall scale and size. These individual masses are distinguished in changes of material, color, height, and the physical plane. We treat each vertical element as an individual composition to reduce the overall scale of the building. The building facade is also, articulated horizontally to define a base, shaft and a capital for each volume defying in the mass. The horizontal delineation is also, defined with changes in material color, and with accent trim and masonry banding. The base of the building is defined with masonry veneer, a durable solid material. Moving up the material palette is lightened with the use of fiber cement siding on the top floor Mansard roofs with dormer windows and several different variations of cornice articulation are used to accentuate the top of the building. And in all levels the material change in color help reinforce again the base, the shaft, and the capital. A window variety, balconies, bay windows and panel siding are some of the architectural elements that composed on the building to provide interest and 12 rhythm. These elements are also,provided a connection with the outside to activate the exterior spaces adjacent to the building. Ms. Oliver: Sir, I am sorry I have to cut you off. Mr. Smith: Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Bruce Berlin, followed by Ann Crenshaw. Mr. Berlin, please state your name for the record. Thank you. Mr. Berlin: Madam Chair and members of the Planning Commission. My name is Bruce Berlin with Venture Realty Group here to speak in support of the Thalia application. Specifically, I wanted to address parking for our project. We have heard concerns from some of you about our shared parking analysis prepared by our Transportation Consultant Volker. It is important to provide some context. Back in 2011,the City of Virginia Beach appointed a Green Ribbon Committee to review the parking ordinance and provide changes that would decrease the size of parking fields in the city. These changes specifically identified a series of measures to reduce the impervious surface area to include motorcycle spaces and the promotion of shared parking. In 2017, this body heard a very similar B2 to B4 rezoning request, the Water Boxes,that also featured shared parking.At Planning Commission there was literally no discussion of shared parking, believe me we went back and listened to the tape. It was simply accepted as a good thing. We followed the City's guidelines and obtained a shared parking analysis as laid out in section 203 of the City Code. If you read the parking analysis, you will see that we provide more than enough total parking at 553 spaces with an excess of 61 spaces at peak time during the week and 59 spaces on the weekends. Your City Staff agrees that with the interpretation and your Zoning Administration also,has approved the plan as well. Some of made the claim that we should disregard your policy and simply require the typical apartment standard. Just think of how illogical this would be for the project. You have heard that we have 76% one-bedroom studio and efficiencies. If we applied the basic apartment zoning standard, we would have to assign each of those 200 apartments 1.8 spaces per home. Think how inefficient it would be to assign two spaces to a 490 square foot efficiency or a 550 square foot studio. Not only would a larger parking field produce excess stormwater runoff, it would also, be cost prohibitive to construct. We agree with your Staffs recommendation to build 1.57 spaces per home and hope you will too. Thank you. Ms. Oliver: Thank you. Do you have any questions for Mr. Berlin? No. Thank you. 13 Mr. Landfair: Madam Chair, the next speaker is Ann Crenshaw, followed by Mike Culpepper. Ms. Crenshaw, please state your name for the record. Thank you. Ms. Crenshaw: Good afternoon, my name is Ann Crenshaw, I am a partner with the law firm of Kaufman and Canoles in Virginia Beach. I am proud to represent this first class apartment community. I have a long standing, personal passion with affordable housing. I served for 10 years as a member of the Virginia Beach Community Development Corporation. Thereafter, I was appointed to the Housing Advisory Board for the City of Virginia Beach by Council. And I have served there almost six years and currently serve as its chairman. A particular concern of mine is the burden of housing on the residents and folks, who want to come and live here. It impacts business,being relocated here,because our cost of housing is high. In 1980, Virginia Beach was the fastest growing city in the United States, excuse me. The current growth rate for the City of Virginia Beach is approximately 1%. The number of young people under the age of 19 is steadily declining,while the number of people over 65 is steadily increasing. The rent per unit has steadily increased for apartment communities, making it difficult for those who make between $40,000 and $70,000 to live in the City of Virginia Beach. This is a unique project, which has been more thoroughly described by those ahead of me. In fact, the current storybook for the Comprehensive Plan for the City of Virginia Beach contains a chapter on housing. It makes clear that the percentage of renter's is increasing in our community. This first class apartment complex does not adversely impact the single family housing located in the Thalia neighborhood. I direct your attention to page or slide 23 of your handouts, which designates the Thalia neighborhood. We have undertaken research through ERSI demographic and Income Comparison profiles of the Thalia neighborhood. And the results of that indicate that 61%of the residential units in the neighborhood are rentals. In summary, this has met all the tests, you will hear some numbers shortly about the number of applications for multifamily apartment complexes, which have been put before you and put for the Council. There is absolutely no reasonable legal reason under the applicable ordinances is to deny this application. If this application is denied and treated differently, one has to ask why. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Mike Culpepper, followed by John Covington. Mr. Culpepper, please state your name for the record. Mr. Culpepper: Good afternoon, Planning Commissioners. My name is Mick Culpepper, I am a principal with Venture and I am here obviously in support of our application. But, I am specifically here to address the campaign of misinformation that has been waged on this project for the better part of eight months. During that time, we have 14 been accused of participating in a deep state conspiracy on fringe political websites. We have been accused of draining into a lake located a half-mile upstream of our project. We have been accused of polluting the lake next to Mount Trashmore failing to share with the audience that the lake is polluted because it sits next to Mount Trashmore. We have been accused of producing roughly 200% of the residents we actually will produce, and they have said some fairly spurious things about folks, who live in apartment communities around our city and those are beyond the scope of this meeting,but it deserves to be said. Because it is a product of the political climate that we are in today, that has folks feel so, much animus about a project that they will do and say darn near anything to ensure that their political objectives are achieved. Unfortunately, as the applicant,we don't have the luxury of writing fiction. We are bound like this body to policy and the policies were part of the application that you are actually seeing today. That is to say, the design for the project you see is not only consistent with your policy it is literally the product of your policy. Your Comprehensive Plan which memorializes your land use policy, which contemplates this type of development. Your stormwater policy, which contemplates that zero impact, your parking policy which promotes shared parking, it goes on and on. Your housing policy,which promotes affordable housing, but not only is this consistent with and a product of your policy, it is the product of 10 years of consistent interpretations of land use applications that have multifamily in them. If you look at the last 10 years like we did, you will find there were 55 applications that pertain to multifamily development of those two were withdrawn and of the remaining 53 all of them were approved by City Council, all of them. And so, today, this body should look at your policy, you should look at your consistent interpretation of that policy for the last 10 years and make a decision based upon the facts and based upon policy. And, I would ask you to please ask yourselves, that if the opponents of this project do not care about those policies, then please ask yourself, what is motivating the animus toward apartment dwellers, who might live in the neighborhood. Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is John Covington followed by Hugh Johnson. Mr. Covington as a virtual speaker, Mr. Covington please pause for three seconds, so, we can unmute your mic. Mr. Tajan: Mr. Landfair, Mr. Covington unfortunately due to time had to move to another meeting, so, he will not be able to speak. Mr. Landfair: I see. Okay. Thank you. Next speaker is Hugh Johnson, followed by Mark Schofield. Mr. Johnson is a virtual speaker, Mr. Johnson, please pause for three 15 seconds, so, we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Johnson: My name is Hugh Johnson. I am a Thalia resident for close to 33 years, in a great place to raise our family. Like to express my support for the Boulevard at Thalia project proposed for the Willis Wayside site. If the City wants to have thoughtful strategic redevelopment along Virginia Beach Boulevard,this is a great opportunity to move forward. Furthermore, I would suggest the City consider rezoning to multi- use on the Boulevard West all the way to Princess Anne High School. It would connect Town Center with the Central Library as its eastern anchor and extend the pedestrian feel of Town Center. This project is designed as a first-class project, I like it. If it is not approved, I fear a haphazard aesthetically unpleasant alternative. I have known the developer for over 40 years, they are proud and capable of delivering a quality project to the market. Their resume speaks for itself I support the Staff Planning report and project as presented. Thank you. Ms. Oliver: Thank you. Anybody have any questions for our speaker. No. Mr. Landfair: Madam Chair, the next speaker is Mark Schofield, followed by Rick Boyles. Mr. Schofield, please state your name for the record. Thank you. Mr. Tajan: Mr. Landfair, he was also, unable to attend due to time. Mr. Landfair: I see. Okay. Thank you. Madam Chair, the next speaker is Rick Boyles, followed by Lewis Hasty. Mr. Boyles, please state your name for the record. Thank you. Mr. Boyles: Good afternoon Madam Chair, members of the Commission and staff. We appreciate your assistance in this project. My name is Rick Boyles, I am a Virginia Beach native I have lived in the Thalia area for all of my life. For the first eight years my family lived in Thalia Village in 1963, we bought land built and moved to Thalia acres over near Steinhilber's, I moved back into the family home about 28 years ago after the death of my parents. So, call me a 65-year Thalia resident. I am the Vice President of the Thalia Civic League since January 20, of this year. And, I am Chairman of the Thalia Civic League Rezoning Task Force since November 18, 2019. We appreciate the opportunity to be heard publicly. And, I want to thank all of you all after going through this process for the last seven months, I have a very, very deep respect for the job. It is difficult as it is that all of you all have to do. As you saw during your van trip on May 21, the property that subject of this proposal is an ongoing commercial center with millions of dollars worth of recent development in the Aldi and the remodeling of the Willis Showroom.The buildings and grounds are well kept, there is no evidence of blight, deterioration, or dilapidation as was recently propounded in a postal mailing to the Thalia residents last week. Some of the vacancies that Mr. Denny spoke of may very well be a result 16 of all of this rezoning activity, we had several of the tenants that have moved out, tell us that they were not going to stick around to find out what was going to happen here. This group is not against development, the Thalia Group is not against development, we understand the need for control growth in the City. The Comprehensive Plan created the SGA though is the place for this type of development. This little piece of property this little sliver is not in an SGA. The Pembroke SGA starts 250 yards to the west. The Rosemont SGA starts 550 yards to the east. Mr. Frankenfield is here on behalf of the applicant, he was in charge of the SGA Department at the time this was done, it might behoove us to ask him how and why we left this little sliver of Virginia Beach Boulevard, out of the SGA's. The applicant is asking for a rezoning this property is located at the edge of a suburban area core to the comp plan, contrary to what Mr. Denny said, the residences of Thalia Forest property lines do about the Willis property. We do not believe that change on a small parcel of land such as these two parcels here is a good idea.And in fact,we believe it might very well rise to the level of spot zoning. We do not want to go to spot zoning. Again, both of the SGA's on either side of this property allow for exactly this type of development. I do not know that anybody in the Thalia neighborhood has any objection to the type, quality, style, and nature of property that Venture Realty builds. But we do have some objections, the biggest ones probably going to cause the problem is parking. We have determined by looking at the applicants Volkert Parking Memorandum of May 5, 2020, that there are errors in their math. They did not look up the appropriate number of parking spaces for restaurants. They use the math for retail businesses. So, that created a need for an additional 39 spaces on the restaurant side and they also, did the math incorrectly with the townhomes, which created the need for another three spaces there. So, instead of them being 60 spaces short according to code,they are 102 spaces short according to code. We do not have any objection to shared parking, shared parking is great, there isno problem with shared parking it is a great concept. Shared parking as based on the math and if you start the math off incorrectly, we end up with incorrect math and unfortunately that is what is happened in this case. The initial calculations that were used by the Volkert folks appear to be incorrect. City Zoning Administrator has used the Volkert math. The applicants using the Volkert math, and in fact the math appears to be wrong to us. We see that the applicant has counted the 32 driveways and garages that are part of the Townhomes in their shared parking calculations. Well those spaces are in fact reserved. They are reserved for the Townhome residents. I cannot drive up to your Townhome and say, hey, can you open the garage and let me drive and I want to go do get some tacos over here at Tijuana Flats. So, those spaces are reserved and have to be removed from shared parking calculations. We have got some other problems with that same situation, handicapped spaces are reserved spaces. The 17 spaces for the 25 motorcycles are reserved spaces,they are reserved for a particular class of vehicle. Additionally, Ms. Seacrest who talked a little bit earlier at the community outreach meeting stated that access to the building was by key fob, and I will quote that the building is locked, including parking garage. So, if in fact they are going to key fob the parking garage you have got another 157 reserved spaces that have to be removed from the shared parking calculation. The bottom line is we do not object to Volkert's internal capture adjustments for people who are still on the property that won't use a car. We have no objection to any of Volkert's suggestions for massaging these numbers, other than we think they have started off with the wrong number. Our calculation shows that we are going to have eight spaces excess at six o'clock every night. We are going to be short five spaces,seven o'clock every week night. We are going to have an excess of 12 spaces at eight o'clock every week night. If you count those reserved spaces back into those numbers,those numbers are going to get worse. Additionally,in order for Volkert's numbers to work in their shared parking demand table, a couple of conditions have to be true. No one is parked illegally. No one is parked in a space that is not for their type of vehicle,that all 10 handicap spaces are taken up by 10 handicap drivers for the entire evening. And that all 25 motorcycle spaces in the shared parking inventory are in fact taken up by 25 motorcycles for the entire evening. I am doubtful if that is ever going to happen, those spaces then cannot be part of the shared parking agreement. So, again, we have got some math problems here that have to be worked out on the parking. Additionally, the ULI shared traffic manual calls for an adjustment for employee parking.We went around and did an inventory of all of the existing businesses to ask them how many staff members they were, we have come up with about 48 employees on this property, if the 6500 square feet of retail goes through.There is no provision in any of this shared parking agreement for those 48 employees, which is really a one to one ratio. We gave you some paperwork,our executive summary report and I rebuttal the Staff report.They made a big deal out of the buy right development, quite frankly. The consensus of the neighborhood is that we will take a buy right development over a potential 678 new residents in the neighborhood. Irrespective of their numbers HUD says that you can put two heads in a bed and if you are living in a one bedroom 400 square foot studio, you can still have two people in that apartment, and there is nothing they can do to legislate that away. Therefore, we have to look at people, as opposed to necessarily apartments and the type of apartments. Actually, the neighbors also, said that we would like, if we go with a buy right development. We would like to see we can get a Dairy Queen, Arby's, and Chick-fil-A as part of this buy right development. Stormwater is the last thing I want to touch on real quick. The applicant has propounded at least three preliminary stormwater proposals to DSC. The first one came back they were using the Aldi grocery store, as a part of their catchment. We 18 reviewed the PC swim, computer models, and they were storing a foot and a half of water in Aldi. I cannot do that in the stormwater model. So,that came back,they send it back again, corrected that problem but this time, two hours' worth of 100- year rainfall have disappeared off the computer model never to be found again.That stormwater model went back to them, and the current one that DSC has put their approval on right now. If you will note says something to the effect of the proposed conceptual stormwater management strategy has the potential to successfully comply. It is not exactly an approval, as we have already heard here today. So, our conclusion here is the applicants probably got a good project, but he is trying to shoehorn it into the wrong piece of land, there is not enough physical real estate to create enough parking spots for his project. Thank you very much. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the next speaker is Lewis Hasty, followed by Hobie Ritzel. Ms. Oliver: Thank you. Mr. Landfair: Mr. Hasty, please state your name for the record. Thank you. Mr. Hasty: My name is Lewis Hasty of Thalia Shores I have lived here for 32 years.The reason I am here today is to ask that you vote, no, to the rezoning of this property. The Thalia neighborhood is a suburban area and we would like it to remain that way. The aforementioned Wayside property has been described as a so-called blighted area, on the contrary, it is actually quite attractive. Aside from the fact that the warehouse and surrounding buildings have not been maintained for years. So, is that your definition of a blighted area.No,it just was not maintained. So,in essence, we strongly oppose this subject rezoning as we believe it does not meet the Virginia State Code requirements to be designated as a revitalization area. And,that is based on a Code by the State of Virginia, so, before you vote today make sure you read it, because if you vote and then you are opposing the Code as it reads, then you have not done your due diligence. We actually understand that maybe a planned specialized Virginia Housing Development and Redevelopment Authority financing of the project. If this Commission were to recommend rezoning of this land, I believe would serve to set a precedent that would adversely affect the entire City of Virginia Beach going forward. Potentially, the mere thought of approximately 678 new residents moving in to a seven-acre parcel and you guys have been out there you know what it is like. It is just too many people and too little space. So, again, thank you for listening, and make sure you remember who got you here. It is the taxpayers,your constituents, and the citizens,and that is what we are. That is what we represent. I represent my family. I represent myself. And there is no antagonism as I said this gentleman here, I would not say anything bad 19 about anybody. I mean he met you guys and I went to this gentleman over here and shook his hand at the meeting, and we talked that one meeting we had had Civic League one meeting. I do not know of any conspiracy, I mean, come on,this is just, he said, she said,do the right thing. Go by the Code and make Virginia Beach good, do not mess it up by adding more people in such a small confined area. Thank you. Ms. Oliver: Mr. Hasty, I believe there is a question for you, Mr. Inman. Mr. Inman: Hi, in your remarks you mentioned the figure of 678 residents. Mr. Hasty: Right. Mr. Inman: And, previous speaker also, mentioned that. Mr. Hasty: Right, that is right. Mr. Inman: Can you explain how you calculate 678 residents. Mr. Hasty: Well, I cannot because I use his. You are smiling. Mr. Inman: That is okay. Mr. Hasty: Let me finish, I am still talking. I am answering your question. I got those numbers from Mr. Boyles. And,he did his numbers. So, if you need an explanation,it would really be for him to explain to you. But, potentially, that is the number. And, of course the PUD thing could be two people instead of one. And, people come and going this is going to be a mess,it is a mess already. You try to get in there, coming off the Boulevard. As they say in NASCAR you hung out to dry, when you take it left coming off the Boulevard coming from Town Center and you are the fourth car or fifth car, and people are going into Tijuana Flats and they are coming out of Tijuana Flats area and Aldi. You are sitting out in the Boulevard and four lanes of traffic coming at you. And, I took a picture of that the other day and showed it to one of my neighbors. I mean that is the facts, you need to do your due diligence, you need to listen to the citizens and if you need an explanation of the numbers I am sure he can come up with that information, got it. Anything else, anybody have questions. Ms. Oliver: Thank you. Mr. Hasty: I am very passionate about this. Yeah, I know I sound like a little nervous, I am. I do not like talking in front of a group like this,but you got to listen to your citizens, your taxpayers, and your constituents. Ms. Oliver: Thank you very much. Bill. 20 Mr. Landfair: Madam Chair, the next speaker is Hobie Ritzel, followed by Ronna Marsh. Mr. Ritzel: Thank you. Ms. Oliver: Welcome. Mr. Ritzel: Thank you very much for hearing us today, I appreciate all of your time. My name is Hobie Ritzel, I am a longtime resident of Virginia Beach, and I have lived in Thalia for three years. I would like to ask you to vote, no, against this proposal. There are three primary reasons why I ask this, and I hope to give you some insight into what it is like to live in Thalia in that area. The first reason that I would like to ask you to vote no, if you could refer to the map it is really the way that the parking is utilized right now and how we anticipate that is going to be utilized. When residents are in this building and that is, if you look at parking lot one and two. I do not think they are up here,but the parking lot next to Aldi and then the one adjacent to Virginia Beach Boulevard. During peak times and most of the day,those parking lots are pretty much full. If you see in building number one, the logical place for most of those residents if they do not have parking underneath the building is going to be to park in that the two parking lots adjacent to Aldi in the retail center right up at the Boulevard, that is going to create a lot of additional traffic. So, they are already full right now, we anticipate they are going to be filled up even more and much quicker. The parking lot number six to north of that just below the buffer area, that is pretty far away from the rest of the buildings we do not anticipate a lot of people are going to park there. We are going to congregate more around the two parking lots, next to Aldi and the Boulevard. The number two reason that I oppose this is because it is outside the Strategic Growth Area.Anybody,who lives in Thalia knows that it is you avoid the traffic and avoid going through Town Center at all cost, virtually any time of the day because of the traffic. We really do not want that traffic coming into our residential area. We do everything we can to avoid that, we will go across Virginia Beach Boulevard and Thalia Drive to avoid Town Center. We are building up in those areas already with additional housing,you can imagine, whether it is 400 or 600 additional residents, using that area in the traffic that will create right around Thalia Drive. The third reason as the previous speaker said, is the potential for traffic and accidents right at the corner of Thalia Drive and Virginia Beach Boulevard. If you are turning north on the Thalia Drive from Virginia Beach Boulevard,taking that left as a previous gentleman said it will take four or five cars before that backs up and that backs up pretty frequently right now. That is from people turning into the Aldi and Tijuana Flats. We anticipate with 400-600 additional cars say that is half of those are going to turn in there,it is going to create a log jam and that is really got to be addressed before anything like this goes forward, so, super concerned about that. So, thank you very much for your time I appreciate it. 21 Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Rona Marsh, followed by Joanna Wall Hope. Mrs. Marsh, please state your name for the record. Thank you. Mrs. Marsh: Good afternoon, I am Mrs. Rona Marsh and I am opposed to this rezoning. I also, happen to be a certified fraud examiner, and I have high ethical credentials that I have to adhere to. So, I will be using as many true documents that I got from the Venture website and presentations to determine how to explain this all to you. The first is a handout that you should all have, which was a memo that was sent by Kaitlen Alcock about the August 15, 2019, meeting that was almost 10 and a half months ago. And,on the back of that under the word zoning,it says loading spaces, onsite loading spaces are provided, that is what they want, appropriate onsite loading spaces and the difficulty is right now, we do not have any on site loading spaces for the people who are in those 10,000 square foot of shops. We do not have anything for the FedEx, which needs to drive their trucks up every day. We do not have anything for the pizza company. So, we have no onsite loading and those people going into Aldi have to jockey around these people that are loading and offloading there,there is no onsite loading spaces,you would think in 10 and a half months, the design would have been altered to get what zoning recommended. Zoning also, recommended under parking, they said, it does not appear to have the minimum required number of onsite parking spaces.Wow,we have all been talking about that. And, we went to the Venture website and looked at Venture Tech and Venture Tech which everyone talks about so, favorably has several people who are not happy with the parking. There were more that were given to Mr. Landfair and he was supposed to share those with the applicant, but I picked a couple that just stood out to me.The only thing I dislike is the parking situation. So,people like the building,but they do not like the parking that Venture does.There was another man Mr. Wilbur McDonald and he got a response from the people that Venture Tech, but he did not like the crime in the parking lot. And so, we know already from Ventures development up in Newport News that they have parking issues. And so, they do not handle it well there, you can go online and read these unless they remove those. When you talk about how we get to the 678, Mr. Inman, the actual leasing agent at the outreach, did a measurement for us where she said it was 678 residents. And, so, we figured it out if you have 339 bedrooms and you multiply it times two, you get 678 residents, so, it is based on the number of bedrooms. So,we feel they need 655 parking spaces, they are only providing 553. Ms. Oliver: I am sorry. Mrs. Marsh: I know. So, did you understand how I got the 678. 22 Mr. Inman: I understand. Mrs. Marsh: Okay, good. Ms. Oliver: Do we have any questions. Mr. Graham: I do. Ms. Oliver: Okay. Mr. Graham: Do you live in. Mrs. Marsh: I live in Thalia. Mr. Graham: Okay, okay, because I thought I have seen you here before. Mrs. Marsh: I am very active in stormwaterand I speak about stormwater. Mr. Graham: I was just confused because I knew I have seen you and I was like trying to connect with us. It is fine. Mrs. Marsh: Anybody else batch free living on in Thalia because I do. Mr. Graham: I believe you, I was just curious. Mrs. Marsh: I am actually on the board of directors. Ms. Oliver: Oh, Mr. Redmond. Mr. Redmond:Mrs. Marsh, can you come back please. Mrs. Marsh: Yes, sure. Mr. Redmond:So,you are referring this specified parking spaces that you said and loading spaces you referred is just the memo that you are referring. Mrs. Marsh: Yes, I am. Mr. Redmond:And then you recognize this is after a pre-submittal meeting. Mrs. Marsh: Yes, I do. Mr. Redmond:So, this was before they actually submitted the application, this application has gone through a number of changes since then, so, when you say we have a number of planned parking spaces does not have this thing. This is all you know several iterations before then I do not know that this is terribly relevant, what comes out of that, you have a pre-submittal meeting precisely to address the kinds of concerns the Staff has. Before you submit an application, so I do not know that that is terribly 23 relevant to what we are talking about. The pre-submittal meeting that might have occurred in October was a very long time ago and a very different animal than what we are looking at today. And I will say this too, it is funny,we have gone this long today and absolutely no one, not one single person has spoken either for or against this project has said anything about the Staff report. Anybody read the Staff report, but me. Mrs. Marsh: You did. Mr. Redmond:I read Staff report and very frankly it is very favorable towards the parking and some of these other issues that traffic and all the rest of it. And, in my view was pretty darn comprehensive. So I am looking forward to hearing more about that I have not heard any of it yet. I actually called Mr. Landfair yesterday and told him it was one of the more thorough staff reports that I have seen in a very long time,so I kind of like to see if we can get into that speaks to a number of things that you said,and that is long after a pre-submittal meeting and all of that stuff went far more specifics about project. I think we ought to talk about this application, not about you know the stuff about the pre-submittal application. Mrs. Marsh: We did provide you an executive summary rebuttal to that and on page 13, it goes into that so, we did read it very close. Mr. Redmond:I understand that, if I am just saying, you know, we are talking about the pre- submittal meeting in the fall of 2019, I do not know if that is very real. So, anyway, thank you for your time. Ms. Oliver: Mr. Landfair. Mr. Landfair: Madam Chair, the next speaker is Joanna Wallhop, followed by Denise Saucier. Sorry for the pronunciation. Ms. Wallhop, please state your name for the record. Thank you Ms. Wallhop: Thank you, good job on the name. My name is Joanna Wallhop, I am a 23 year resident of Thalia. And,this is not my area, I will be honest I did not read the Staff Report. I am here just as a parent that has raised my children in this neighborhood and as a resident. According to your own city website, the city's long range plan was to divide the city into three categories,rural, suburban, and urban, also,known as Strategic Growth Areas. It also, says that the City Council recognized the need to accommodate future growth and preserve the established stable residential neighborhoods in our suburban area, allowing the city to grow, while preserving the rural and suburban areas. This project is not currently located in a designated SGA area. So, the principles for your suburban areas, create and maintain neighborhood stability and sustainability. Protect and enhance natural open spaces 24 and places and buildings have cultural and historic significance and integrate into development as appropriate. We are a suburban area that has historical significance. Camp Ashby once located on this land could have historical artifacts or even unknown graves on this site, nothing has been done to try to preserve the remnants of that history. If anything, that history has been systemically destroyed to allow for commercial growth. We are all sick to our stomachs when that beautiful white building was taken down. We also, have an Elementary School and a High School within one-half-a-mile of this project. Princess Anne High School currently has 271 students in their non-transportation zone. There are also, many other students, who choose to walk or bike that are in the same transportation zone. The increased traffic patterns will put these walking and biking students at risk. Also, the current parking and entry situation at Thalia Elementary School is already lacking and this development will only exacerbate that situation.There are 105 full- time staff members at Thalia Elementary and there are only 85 parking spaces. So, do the math that does not even allow parking for parents. Come on any given day when there is event of Thalia Elementary and you will see the overflow in the parking. There is a shoulder gravel lane that was self-made to allow for parents to turn into the Elementary School for parent pickup. That is totally unacceptable in my opinion, that issues like that would not be addressed before allowing another huge development to be placed in that area.There is already a bottleneck area when entering the neighborhood with just the current businesses that are there. If one tractor trailer pulls into the neighborhood. Ms. Oliver: Thank you your times up. Ms. Wallhop: Okay. Well, thank you all for your time. Ms. Oliver: Mr. Tajan, at this time may we take a 5 minute break please. Mr. Tajan: Yes, Madam Chair. Ms. Oliver: Thank you. Okay, take a 5 minute break. Mr. Redmond,if you area midsentence I am going to have to ask you to stop. So, please be, understand where we are with us. And with that, Mr. Landfair, let us get started again. Mr. Landfair: Thank you, Madam Chair. The next speaker is Denise Saucier followed by Tom Metcalf Ms. Saucier, please state your name for the record. Thank you. Ms. Saucier: I am Denise Saucierand I did some research to find large apartment complexes that have been built since the Comprehensive Plan of 2003. Out of the 30, I found 14 of them are located outside of SGA. Of those 14, most are only 3 storeys, 5 of them are 4 stories.None of them are 5 storeys high, like the proposed complex at Thalia. Only 1 of the 14 has a density as high as the proposed development,but it is a senior 25 complex, which would have a limited number of drivers, and it is adjacent to another apartment complex on a major roadway, not at the entrance to an established single family neighbourhood. Only 3 of the 14 are on mixed use parcels, The Pearl,the Cascades and Nexus. The Pearl proposed a reduced parking plan,but it was only 17 spaces short of code, and you have already heard that the plan at Thalia seems to be 102 spaces short. The Cascades has a designated road separating the apartments from the retail centre on the corner,well-planned design; and Nexus is similar in lot size and the number of units to the proposed complex, but it only has 17,000 square feet of retail,half of the 35,000 proposed at Thalia. There are 28 access points to the 14 complexes, 22 of which are on 4 to Slane divided roadways, and 2 of which are on a major 4 lane road, which is divided in many sections. The only 2-lane road at any of the 14 complexes, which is also, an entrance to a single- family neighbourhood, is Monument Drive at the Cascades, but the cascade has designated access points on the Centerville Turnpike and Lynnhaven Parkway. And, the neighbourhood that shares the monument drive access has 4 other routes to major roadways. It is also, a wide or newer road with curbs and sidewalks for its entirety. Thalia Road is an old winding 2-lane road that is the main access for hundreds of single-family homes and an elementary school. If the proposed complex is approved, it will also,be the main exit point for hundreds of apartment residents since they will only be able to go west at the Virginia Beach Boulevard exits. We have observed that drivers do not want to cross 4 lanes of traffic to get to the left turn lane if they want to go East or South. Exiting on the Thalia road positions down across the Boulevard, turn left or turn right on red at the light. We also,witnessed that most of the drivers that enter the parking lot from the Boulevard exit on the Thalia Road. If approved, the new development will set 5 new precedents for apartments in suburban areas of the city. It will violate the norms for height, density, parking, location, and accessibility. This is not good planning nor is it fair to the hundreds of Thalia residents, who chose a neighbourhood for its stability, character, low density, and light traffic. Thank you. Ms. Oliver: Thank you. Are there any questions or a speaker? Ms. Saucier: No. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair,the next speaker is Tom Metcalf,followed by Dolores Swanson. Mr. Metcalf, please state your name for the record. Thank you. Mr. Metcalf: Good afternoon. My name is Tom Metcalf, I am a 20-year resident of Thalia, and I am here to oppose this proposal. Like many of you, even today I have received numerous informative communications about the project. I have attended meetings, 26 I have prepared for these hearings only to have them postponed, and I am just hoping that this is not the lost cause and we are going through the process of talking to you here. The applicant performed one single community outreach meeting with the Thalia neighbourhood and that was on Monday, 2nd December, which was attended by approximately 175 Thalia residents. This meeting resulted in limited neutral and no positive support for the project. The applicant was made aware Civic League that members of the community opposed the proposal, had created a Rezoning Task Force and had created a website to keep the neighbourhood involved. The applicant presented his proposal and plan, informed the residence that it was much better than the big box stores, he could develop buy right using the existing B2 zoning, but change was coming. He had various members of his staff stand up and talked to us. Since that time, no additional community outreach meetings have been initiated,in response to the Thalia especially talking points,the developer put out a multi-colored learn the truth about the Boulevard. I am sure maybe many of you received it, all the Thalia residents did. In that publication, it states that they called two officers and asked to attend Civic League Meetings and were prohibited from doing so. Since, no officer received any call phone call and all of our Civic League Meetings are open, and in my 20 years, we have never prohibited anybody from attending, I have just liked to know if that is a true statement or not. Without doubt, you will hear concerns or have heard concerns, some of them will be emotional, some of that to proposal not within establish SGA parking, traffic, the impact on our schools, the density, stormwater spot zoning. While the applicant may have presented some truth in here as far as contacting and everything else, it may not have really addressed. If I ask you how fast a Ferrari can go and you tell me how fast a Ford can go,that yours would be factual but it would not answer my question. I would think that we would have. Ms. Oliver: I am sorry but your time is up. Mr. Metcalf: Yes. Ms. Oliver: But thank you very much. Mr. Metcalf: Thank you. Have a good day. Ms. Oliver: And, remember access to your(inaudible 03:07:17). Mr. Metcalf: Yes, do am I out that door. Ms. Oliver: Yes, sir. Thank you, Mr. Landfair: Madam Chair, the next speaker is Dolores Swanson, followed by Eldon Swanson. 27 Ms. Swanson: Good afternoon. I am Dolores Swanson,the proud owner of the first residence ever built in Thalia. Seeking more privacy than their Norfolk Home on Grand Avenue provided, Lovenburg Kemp,but built this country home in rural, remote Princess Anne County in 1920. Fast forward 100 years,like the camps,folks who buy homes in Thalia are seeking to enjoy the generous lot sizes and privacy that the suburban lifestyle affords. And,one of the first questions that prospective buyers and parents of school-aged children ask, if a realtor wants to sell them a home,tell us about the schools. We know that the Virginia Beach Public Schools are excellent and residents want to ensure that the adjective excellent continues to describe our school system. This proposed development will have significant impact on our schools. According, to the Virginia Beach City Public School 2019-2020, building utilization report for elementary schools, the maximum capacity for Thalia Elementary is 536.As ofNovember 22,2019,the current enrolment was 574,which is 38 students or 6.8% above capacity. In a report from the Virginia Beach City Public Schools demographer, this development is projected to add 27 new students to Thalia Elementary, bringing the student population to 601 or 12.2% over capacity. When City View-II with its 219 units comes online, the Virginia Beach City Public Schools demographer in January 2020, projected it would add another 24 students to the elementary school, making Thalia Elementary the school with the highest overcapacity rate in the city. The applicant states that 200 or 76.6% of its units are one-bedroom apartments or studios and unlikely to produce any children of school age, but what about the other 23.4%, the other 61 units, 44 of which are 2 bedrooms and 17 of which are 3 bedrooms. The applicant states that this development will bring an additional $400,000 in property taxes to the city,but how much will the city have to spend in order to educate these new students.Again, the school demographer notes that the total cost of including these additional K through 12 students is a whopping $2,732,332. An NPR correspondent was asked once, what is the difference between school and life? Well, he said, in school you are taught a lesson, and then given a test. Ms. Oliver: Ms. Swanson sorry. I am going to have to cut you off. Ms. Swanson: Okay. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair, the speaker is Eldon Swanson, followed by Molly Howlett. Mr Swanson, please state your name for the record. Thank you. Mr. Swanson: Good afternoon, my name is Carl Swanson, Eldon Carl Swanson. I have lived in Virginia Beach for 28 years, the last 15 of those years has been in Thalia. I am opposed to this proposed project for a number of reasons to include the limited 28 capability of our existing city sewer system to support the development requirements. The proposed development, which is located on the north side of Virginia Beach Boulevard, will be connected to the City Sanitary Sewer System. The sewer gravity collection system will carry the effluent from the proposed development across Virginia Beach Boulevard to pump station PS-264 located south of Virginia Beach Boulevard on North Palm Avenue. Based on preliminary estimates, pump station 264 has the capability to process the effluent from the project.To be effective,however,the sewage system must of course get the effluent output from the development to the pump station. Virginia Beach Public Utilities Engineers have determined that the existing gravity collection system has insufficient capacity to accommodate the peak sewer flows from the development to the pump station. This situation may be further exacerbated if restaurants are included in their proposed 6500 square feet of retail space in this development. All information used by Virginia Beach Public Utilities to determine water and sewage requirements is based on preliminary estimates. The true impact of our water and sewage infrastructure cannot be calculated until the applicant provides a more detailed engineered site plan. If this application is approved,increasing the capacity of the gravity feed lines to PS-264 likely will be a major endeavour. It may involve replacing or upgrading one or more mains. A critical part of this effort is to route the increased effluent from the project south across 8 lanes at Virginia Beach Boulevard. Such a process would be expensive and disruptive to users of that major roadway. City Staff estimates that the applicant will be responsible for providing capacity enhancements if necessary to serve their development. To avoid any ambiguity, I recommend a statement of acceptance of responsibility should be included by the applicant and the proffers or other appropriate documentation. Water requirements for the domestic and fire needs is another area of concern. Based on estimates the city does not anticipate that there will be insufficient water capability or capacity to support this proposed development. However, if calculations provided during site plan review, do reveal insufficient capability or capacity.Theapplicant will be required to make system upgrades to ensure required capability. The lack of a clear commitment by the applicant to be responsible for any required public utility upgrade. Ms. Oliver: I am sorry sir but your 3 minutes are up. Mr. Swanson: It is significant shortfall in an application. Ms. Oliver: Thank you very much. Mr. Swanson: Yes madam. Thank you. 29 Mr. Landfair: Madam Chair, the next speaker is Molly Howlett, followed by Michael Canet. Ms.Howlett, please state your name for the record. Thankyou. Ms. Oliver: Ms. Howlet if you just take one second. So,just a reminder to people that I have spoken that they need to go ahead and exit the building, so,we can bring in the next ones for the room I should say. Thank you. Okay. Ms. Howlett: My name is Molly Howlett and I would like to thank you for the opportunity to speak in opposition to the rezoning failure Willis Wayside. When we were looking to move to a neighbourhood over 6 years ago my husband and I looked at Thalia for many reasons, one of them being, it was a neighbourhood with a family feeling and we wanted to live in a neighbourhood where people knew their neighbours. Everyone looked out for one another as well as the school district. We looked at Thalia even though we did not have school-aged children, but hoped that one day our son would move to the area and maybe raised his family. I too have chosen to look at the educational effects of these proposed projects. I am not going to rehash the numbers that were already gone over, but there is major concern that Thalia Elementary is at over capacity. The addition of potential students from this project will push capacity potentially over 6% with additional information that has been shared people from the other proposed projects in the area will also, enhance and add to the overcapacity of these schools. Information has already been covered, also, addresses the fact that when you come in and out of our neighbourhood during school times, the traffic can back up, down back past the Edinburg Road. Traffic can back up out onto the Boulevard when parents are trying to come in. They are trying to move buses, they are trying to move day-care vans, the whole nine yards, and it just is very dangerous for the parents who live close in the area and are trying to walk their students over into the school. There also, should be consideration for the homes that are being knocked down over on Thalia South, that are being replaced with 2 and 3 town homes on a property lot, which will also, add to the overcapacity of this school. These kids are then within the walking zone and there is no sidewalks and traffic in the busyness of this area is going to be very dangerous for these families. I vote that you oppose this project, and keep our school districts in the excellent rating that they are, and that our neighbourhood gets to stay what it is, a nice quiet neighbourhood. Thank you. Ms. Oliver: Thank you. And again, I want to reiterate that if you have spoken and you are not part of the original group of the party on either side, the applicant or the citizens, please leave the room because of the COVID virus in what the restraints we are under. Okay. Mr. Landfair: Madam Chair, the next speaker is Michael Canet, followed by Gail Canet. Mr Canet, please state your name for the record. Thank you. 30 Mr. Canet: Michael Canet. The comprehensive plan mentions quality or high quality and it is repeated numerous times. How you translate high quality? This fails the quality metric requirement as there has been no quantifiable metric standard provided by the staff or the builder to the Commission or to the public from which to judge quality. I could not find it. Compatibility with surroundings is another standard. There is absolutely no visible structures surrounding this property that use concrete fibreboard panels, exterior insulation, and finished system. There is nothing traditional about concrete fibreboard panels, whatsoever. The panel colors are replaced to create a contrasting appearance, which further reinforces the facts of in compatibility with surroundings. Material, shapes, colors, contrast all fail to meet the compatibility of surroundings requirement, attractiveness of a site and building. It is the considered opinion of the Thalia residential area residence from which the project is named that the developments buildings are unattractive. Thus, the proposal fails to meet the attractiveness requirement. Sufficient amount of open space, as with quality, this project fails to meet the metric of open space because there are no metrics provided. Effective buffering has 4 criteria, which are mentioned without quantifying them. Type, size, intensity, and relationship to the surroundings. There is no type buffer it goes immediately from one single family homes to 3 storeys. Size, no buffer, a single-family home it is quick straight to 3 storey large dwellings as far as intensity, well if you are in a residential home, that project is going to look very intense right next door. Relationship to the surrounding, suburban residential housing homeowners specifically moved away from urban apartments and townhomes, when they chose to take on the responsibility and expense of an individual suburban residential home. Homeowners rejected a relationship with apartments and townhomes. Also, suburban residential, right up against a major urban artery is not a reasonable relationship to surrounding uses. Multi-bedroom units where children live plays close to a major urban artery with 45 mile per hour speed limits endanger children. This proposal fails to meet this metric as well. Thank you for your time. Ms. Oliver: Thank you, Mr. Landfair: Madam Chair, the next speaker is Gail Canet, followed by Glenn Bushnell. Mrs. Canet, please state your name for the record. Thank you. Ms. Canet: Thank you Commissioners. My name is Gail Canet. Thank you for listening to the citizens who have put their roots down in Thalia, I am one of them. Today, may I please speak to the environmental impact of removing the many large mature trees on the property under consideration. Mature trees control stormwater runoff and act as many reservoirs by, number one, intercepting and holding rain on leaves branches and bark. Two,increasing infiltration and storage of rainwater through the trees root system. Three, reducing soil erosion by slowing rainfall before it strikes 31 the soil and for incorporating rainwater into the biomass. In May 2020, a survey was conducted using the Eye Tree Tool National Tree Benefit Calculator. On the northwest corner of the property in question.Only mature trees between the existing paved parking and the existing buffer zone were surveyed. Four Oak trees, 5 Sycamores,and 7 Loblolly Pines,Crape Myrtles,Crabapples,and several small and unhealthy landscape trees around the parking lot a retention pond did not factor in this study. Calculations are based on tree size as circumference at 4.5 feet and tree species. For just the 16 trees,the rainfall intercepted by slowing runoff and allowing root systems to absorb the water as well as evaporation from leaves, needles, branches and bark amounts to 35,847 gallons per year. Stormwater runoff avoided 3707 gallons per year. Atmospheric co2 reduction, that is greenhouse gases, 5513 pounds per year. Now multiply these numbers by a factor of at least 3. Why? the survey did not include that protected and heavily forested and vegetated buffer zone 50 plus feet deep between Thalia forest lane, backyards, and the survey area nor did it include the 4 massive red oaks and 13 pine trees on the Virginia Beach Boulevard frontage. And we have said nothing about shade value or noise abatement Commissioners to these matters. Root systems provide filtration, removing these webs of containment raises levels of phosphorus and nitrogen to the watershed, referred to the 2019, Chesapeake Bay Clean Water Blueprint. Each bay jurisdiction is responsible for meeting their pollution reduction goals. EPA imposes consequences for missed goals. No permeable pavers, complex, underground stormwater systems, or purchase of nutrient credits provide these ecological and aesthetic benefits. We like these trees. Please utilize the green infrastructure in place. Protecting and enhancing open spaces is mandated in the comprehensive plan for suburban areas. Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair. The next speaker is Gwen Bushnell, followed by Sharon Waligora. Ms. Bushnell is a virtual speaker. Ms. Bushnell,please pause for 3 seconds. Ms. Bushnell: I was going to be virtual, but I am here. Good afternoon. My name is Gwen Bushnell. I have been a Thalia resident for over 20 years. When my family and I moved to Thalia,we chose it because of the single-family homes, the large lots and the mature trees that she has been talking about. I am opposed to this project because it is too high density for this location. This area is not a strategic growth area. I do not feel that this is an appropriate location for 261 apartments that are in 3 buildings, 5 storeys high. This is completely out of character with the neighbourhood. There are no other 5 storey buildings anywhere near except at Towne Centre. In addition, the applicants proposal on page 5, under the shared parking analysis that "of 261 proposed dwelling units a minimum number of 200 efficiency studio, studio flat, and/or one bedroom units are proffered, therefore, 32 limiting the amount of parking needed." In reality, quite often one-bedroom units are shared by a couple, and therefore, would need, there would be 2 people sharing an apartment and most likely they would have 2 cars. This affects the parking situation and the traffic situation. I know that the applicant has done a traffic study; however, I live in the neighbourhood and I know first-hand what the intersection of Virginia Beach Boulevard and Thalia Road is like even now at peak traffic hours and it would get much worse. This is a safety issue particularly with the elementary school being so, close. I would call your attention to the bottom of page 4 of their proposal under a traffic impact analysis, which acknowledges that "the redevelopment will result in an increase of the number of average daily trips for the site as the site is currently developed." It goes on to state, Staff does have concerns about the potential for queuing of traffic on northbound Thalia Road from the Virginia Beach Boulevard signalized intersection. The applicant is aware that at some point the future Traffic Engineering Staff may require that the existing southernmost vehicular access point on Thalia Road be modified from full access point to a ride-in, ride-out access point. This modification will be necessary if it is determined that the cue from the traffic signal backs vehicles up through this point of ingress-egress causing a safety issue for left turning vehicles in and out of the site. Well I can tell you that I think it is already an issue and so, I would hope that you would vote, no, on this proposal and thank you for your time. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Sharon Waligora, followed by Donald Meyer. Ms. Waligora, please state your name for the record, thank you.Madam Chair, if you just pause for a moment, we aregoing to check the lobby. Ms. Oliver: Sure. Mr. Landfair: Thank you.Madam Chair, we will move on to the next speaker Donald Meyer followed by Cindy Kolaczynski. Mr. Meyer, please state your name for the record. Thank you. Mr. Meyer: My name is Donald Meyer. Can you hear me? Mr. Landfair: Yes. Mr. Meyer: Can you hear me? My name is Donald Meyer and I ama 24-year resident of Thalia and I would like to strongly oppose this part of rezoning of the Willis Wayside property to allow for high density residential apartments. This is a radical departure from the greed on existing high-density commercial development areas, which are existing in the City and the Penwill and town scenic regions. Completely contrary to the rural-suburban character of failure. Thalia is a pastor a world unto itself with 33 low density housing,healthy forest and tree lined streets with natural drainage areas more immanence of county lanes or urban segs. It is incredibly a quiet neighbourhood, home to many varieties of raccoons, fox, herons, (inaudible 3:29:14). An article in National Geographic actually states Thalia has one of the highest concentrations of night heron in the United States. It is fairly the largest colony of yellow crown night herons in Virginia. The community is a few short miles from the Mouth of Chesapeake Bay and the Atlantic Ocean beyond. It isbounds on the north and eastern range of Lynnhaven and west by Thalia Creek, literally a stone's throw across Thalia Road, which board is the propose spot rezoning area. The proposed rezoning would put an unprecedented 5 storey apartment building right at the entrance to this unique pastoral subdivision in the immediate area of an elementary school, church, existing single-family residential homes. It would destroy the character of the existing neighbourhood and set a dangerous precedent for future spot development along the Virginia Beach Boulevard. All this I spoke to the impact of this project on traffic, school capacity, etc. However, I find it curious that the Planning Staff have noted a lack of compliance with the drainage on the property by the previous development associated with the supermarket. They quote that the new apartment project may be able to address these issues if approved. In fact, the proposed exotic drainage solution for the current project points to the overall impact on the entire watershed of Thalia Creek and the critical wildlife habitats mentioned previously. What is the rationale to put a 5 storey multipurpose apartment building in the historic subdivision outside of the SGA. The area is already filled with fire rescue school, church, and boat launch facilities it does not need any more high-density development. This rezoning sets a bad precedent and should not be approved. Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Cindy Kolaczynski, followed by Alex Kolaczynski. Ms. Kolaczynski, please state your name for the record. Thank you. Ms. Kolaczynski: Thank you Madam Chair and members of the Commission. My name is Cindy Rakling Kolaczynski. I have lived off and on in Thalia for over 50 years and I am one of the many families and generations that have lived in Thalia over the years. My family moved into Thalia in 1965, where my father opened the local gas station. My mother was a school nurse at Princess Anne High School and Malibu Elementary. I spent my formative years with my friends running and riding the streets of Thalia without care in the world. After college, I left Virginia Beach and my parents remained in Thalia, as did many other families that are still in Thalia today. In 2005, I returned to our great City of Virginia Beach and bought a home 6-houses for my parents, so, I can raise my children near my family and also, in the 34 neighbourhood with great tradition of schools and neighbourhoods. I want to give you a sense of the family traditions and the families that are in Thalia just by a few of my neighbours. Next door to me my neighbour has been in Thalia since 1962, one of the original owners in Thalia. Across the street is a second generation Thalia family. Behind me is a family whose mother, sister, and daughter are all in Thalia, and one street over is family that has 4 family members living on the same street in different homes yes, all on one street. Yes,Thalia has many families that have been there for many years,and my daughter,even recently in the past year bought a home in Thalia. Not only are we rich in family history, we are also, attracting and welcoming new families with young children and families with multiple generations under one roof. On any given day, you can hear the sounds of kids playing, dogs barking. You see neighbours of all ages walking and running in the neighbourhood and riding their bikes. Before long, we will hear the grand sound of marching band as they prepare for football season. Virginia Beach has grown. Town Center has evolved, but Thalia remains one of the most desirable suburban neighbourhoods in proximity to downtown Virginia Beach. On behalf of the Thalia families present and future,I ask that you sincerely vote no to the rezoning and help preserve, protect the integrity and the stability of our great neighbourhood. Thank you so, much for your time. Ms. Oliver: Thank you so, much. Mr. Landfair: Madam Chair, the next speaker is Alex Kolaczynski followed by Shannon Stanton. Mr. Kolaczynski,please state your name for the record. Mr. Kolaczynski: Thank you. My name is Alex Kolaczynski. I am going to leave my notes in my pocket, and I am also, in the interest of time. I actually am representing 5 of my neighbours as well. So, there are going to be 5 less speakers here because of me. Ms. Oliver: Thank you. Mr. Kolaczynski: You are welcome. My notes have 3 points. I just want to get to one point. I have served on the board of the Virginia Beach Community Development Corporation for 4 years, and during that time, I watched us as Virginia Beach Community Development Corporation,bring projects to the Planning Commission and also, to the City Council, and they were workforce, one was a workforce project. They were obviously a Section-8 and one was a veterans project. And in each one of those situations, we had to do all the work that the applicant has done, we went through all of those, all the requirements and planning it requires. And what is interesting is that, in the case of all three what trumped everything that happened, that we put the facts, was the reaction of the neighbourhood. The neighbourhood, basically said, I do not want this for these reasons and those 35 projects were then scrapped and we moved along. And in the case of the workforce housing, there were, it was going to be a very, if that got to the council, that was going to be a very robust project. And again,the neighbourhood said no. The green row neighbourhood came in and said no. What I would like to emphasize here is that you have got a groundswell people who have said no to this project and are bringing a great deal of information. And what I am pointing out to you is that the precedent that our city has had is that we have agreed with what neighbourhoods want. And that is what you have got here. Thank you for your time. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Shannon Stanton followed by Vicky Gray. Ms. Stanton is a virtual speaker. Please pause for 3 seconds, so, we can unmute your mic. Please start by stating your name for the record. Thank you. Ms. Stanton: Good afternoon, my name is Shannon Stanton, and I am a resident of Thalia since 2003. First I would like to thank the panel for hearing ourcomments andconcerns regarding the Willis Wayside proposed rezoning. As, I listen to all the perspectives share today, I appreciate the efforts to address concerns. However, I would like to remind the panel of the primary question that I believe needs to be answered. The city has gone to great lengths to deliberately plan for its growth by quantifying strategic growth areas within a sustainable framework, the comprehensive plan. In doing this,the city can continue to grow within its current and projected resources, daily operation decisions must be aligned with that strategic vision. So,an objective decision tree is probably key to determining if the proposed project is in the best interest of the city, economically, socially, and environmentally. The first question of that tree, I think is,does the project comply with the comprehensive plan. Bottom line, I believe the proposed project falls outside of the scope and that the property is not in the geographical boundaries of the strategic growth area.And once we start to expand the parameters of our deliberate plan, it is a slippery slope, resulting in second and third order effects that are unintentional but are reality. And, I believe numerous small considerations granted slowly veer our course without immediate notice. And over time, we realize we have arrived to a place we cannot maintain or restore. So,I will close with this, you know,you have been given the authority to make recommendations to the City Council and ultimately result in decisions for our city, our family. Therefore, each of you are responsible and accountable member of this family. And many times in my own family, we have had to say, simply it is not in plan. So, thank you for your time and I hope that you oppose the project. Ms. Oliver: Thank you. 36 Mr. Landfair: Madam Chair, the next speaker is Vicky Gray, followed by Mark Kurhaus. Ms. Gray, please state your name for the record, thank you. Ms. Gray: Yes, I am Vicki Gray. Along with my husband and we have loved living in Thalia for 29 years. Thank you for allowing us to speak today. We are opposed to the rezoning of the Willis Wayside property. I will restrict my comments to the impact of this proposal on the character of the Thalia community as the access point to the property. Our neighbourhood loves the Towne Center strategic growth area. We bike there. We enjoy restaurants in plaza, but then we love coffee back over the Thalia Creek, ride until the boulevard, and returning to our suburban community. We greatly appreciate that in the city's own plans they specifically state the value of suburban areas like Thalia, and that Thalia is not designated as a strategic growth area, one of the only two such areas along the boulevard. We are sad to see an institution like Willis Wayside go away. That is Mr Gross's decision. We know that the property will be developed commercially and may not be the vendors of our choice,but we believe that putting 2 five storey apartment buildings on this corner will make us appear more to be like Towne Centers for future growth area, and the suburban character of our little area will be lost forever. We are asking just because you can approve the project, does not mean that you really should approve the project.Regarding access points,the Planning Staff finds the project consistent with a comprehensive plan. I will go on page 4 of the report last paragraph, the report does acknowledge,there could be a traffic problem with cars backing up turning on the Thalia Road from the boulevard. And, that the future there may need to be a right turn only exit at the first Thalia Road access point. One of the nice development features of the newer and redeveloped areas of the city is to control access and exits from shopping and neighbourhoods onto the road system, that standard appears in the May 2016, comprehensive plan reference handbook. It appears that the Thalia wayside project intends to keep the 4 existing access points to the adjacent roads. If you approve this application, please take this opportunity to reconfigure the access points to one major entrance at the east end of the property onto the boulevard and at a traffic light. I know that we put two traffic lights close together, but with the excellent timing of the traffic lights on the boulevard, this is surely something that could be accommodated by your engineers. Thank you for listening to myself and to our neighbours. Mr. Landfair: Madam Chair, the next speaker is Mark Kurhaus followed by Barbara Duke. Mr. Kurhaus,please state your name for the record. Thank you. Mr. Kurhaus: Good afternoon, my name is Mark Kurhaus, I am a 38-year Navy veteran still serving,26-year resident of Thalia.And I have to tell you I have gotten an education this afternoon during this. I have a great deal of respect for what this commission does, and I will tell you, I do not envy, a single one of you. Having said that, I am 37 going to confine my comments today and I have got some, some printouts and also, to the Vulcan report which was mentioned earlier today. Traffic analysis report if I can just put those up here perhaps you can pass them over. I am going to talk about 3 particular findings that I have been with through the vocal report. I am by trade systems engineer, so, bear with me. The first is that the traffic impact analysis or the TIA does not address some major safety concerns that I think that the committee should, excuse me that the panel should be aware of. Number one, safety metric was never considered in that study, there was a level of service metric or MOE that is in that state but never a safety measure was ever looked. The second thing is the linchpin of the analysis, if you look at right now is a single traffic complex signal. That tells me as a system engineering, it is also, a single point of failure, you may want to think about that as you go through and you look at this, the only traffic modification, that is mentioned in the Vulcan of report and the TIA is a possible modification to the existing single point of failure traffic scheme. On to my next point, traffic operations in this report, were made using a tool called Synchro Professional 9.2. Let us talk about that for a minute. Synchro 9.2 takes a number of inputs, data inputs, it runs in it and it is probably a very good model. The question is this, on the input side of data we have only 8 hours of data collected over 2 successive days in a holiday period. That seems to be a remarkable paucity of data, because when you turn the crank on this you will get answers that precise when you read that report. I do not think they are very accurate. I think if you carefully read that report, you will draw the distinction between precision and accuracy. Another thing in this Synchro Professional 9.2 you might want to ask, there must be some allowances for environmental. There are blue sky 24 hours, no rain, no precipitation, no day night. What belated you are going to get from that. I will conclude by saying, I do not envy your task. I would invite you to take another bulk report and move forward. I thank you all for your time and your attention. Have a great day. Ms. Oliver: Thank you very much. Mr. Landfair: Madam Chair,the next speaker is Barbara Duke,followed by Dot Wood. Ms.Duke, please state your name for the record. Thank you. Ms. Duke: Good afternoon everyone. My name is Barbara Duke and I have lived in the Thalia area for over 30 years. I am here today to oppose the project proposed by the Thalia Road Partners. As a former land use planner for the city, I appreciate the service of the Planning Commission and I am happy to have the opportunity to be here today to share my thoughts on this project with you. I am opposed to this project because in my analysis it does not fully conform to the comprehensive plan.The staff report states that this project is compatible with the suburban area guidelines for aging shopping centers. But this is not a complete analysis, the shopping center is 38 correctly described as aging, but it is far from dilapidated or blighted. There has been redevelopment, recent redevelopment on the site. This site is a vibrant and vital part of the community as it is. The current B2 zoning allows a variety of uses that are preferred by the community. It is important that this high-density mixed use proposal also, be evaluated in the context of the surrounding area, the comp plan clearly states that high density mixed use developments, such as the one proposed are most appropriate within strategic growth areas. This site is located between the two SGAs known as Pember Towne Center and Rosemont. This project has higher density and height than any other multifamily development existing along Virginia Beach Boulevard for miles. The Thalia project also, has more density, building height, mixed use, and impervious surface than the several residential projects recently approved within the Pembroke strategic growth area. Why is this highly dense and intense use being contemplated here. The approval of this project does not just accomplish a rezoning. It represents an effective change to the boundaries of the SGAs, otherwise known as SGA sprawl. If the city's desire is to expand the Pember SGA or the Rosemont SGA to provide high density mixed use for this site, this should not be accomplished by simple rezoning. The site and the surrounding area, which happens to be about 5 or 6 properties that are not included between Pembroke and Rosemont. The site and the surrounding areas should be studied as part of the revision process for the update of the comprehensive plan that is currently underway in the planning department, and through which some of these issues like traffic, schools, utilities, could be added. The approval of this rezoning is not in keeping with the Smart Growth policies clearly outlined in the comprehensive plan. I urge you to make a decision based on your policies. I respectfully appeal to your judgment to deny this application today. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Dot Woods followed by Sharon Pollard. Ms. Wood, please state your name for the record. Thank you. Ms. Wood: My name is Dorothy Wood. I am really nervous to be here and surprising since I chaired this for 8 years or so. It is good to see you all. I have been a resident of Thalia for 55 years. I must have moved here very young, so, I know what a hard time you are having here today.And when you retire you will get a clock with your name on it, so,I am looking forward to that right on. I certainly recognize the property owners right to develop buy in and use it as he can legally. After all property rights are the cornerstone of our republic. However, when seeking an expansion of his legal ability to improve his property,a developer has the obligation to minimize the impact on its surrounding neighbours, especially the resident from neighbours. And if you look around like my next door neighbour's third generation Cindy Rakling, who just spoke to you was one of the Cub Scouts and Girl Scouts 39 in our neighbourhood as with David. We are a neighbourhood where people all come back and I love that. Of course, I am the oldest one I think. I have no problem with the developers they are good people, they are my friends, and I bare them no ill will. I wish they would not tear down historic buildings such as I think was a hospital or PoW,but I guess it is there right. There is no need for them to add to the massive increased residential density. They have unrestricted B2 zoning, which gives them dozens of variable by right uses that are compatible with our neighbourhood, like office buildings. Thank you for your service and listening to us. I humbly request to reject this application and free that develop this in a more reasonable manner. Thank you so, much. Ms. Oliver: Thank you, Mr. Landfair: Madam Chair, the next speaker is Sharon Pollard, followed by Betty Upton. Ms. Pollard is a virtual speaker. Ms. Pollard, please pause for 3 seconds so, we can unmute your mic. Ms. Pollard, please state your name for the record. Thank you. Ms. Pollard: My name is Sharon Pollard and I request that you not approve this proposal. My husband Johnny and I have lived in Thalia acres for 43 years. In that time, we have seen a lot of changes in our area. In August of 2018, we noticed major traffic changes after all the opened on the Willis Wayside property.When turning left from Virginia Beach Boulevard on to Thalia road, we have been forced to stop in the middle of the westbound Virginia Beach traffic because one or two cars are slowly turning into the Allway parking lot. Since the majority of today's drivers see no need to use signal lights, there is no advanced warning that those cars are turning, and therefore, we have had no opportunity to avoid blocking the boulevard. This issue will only be exacerbated by the addition of the residents of the proposed 261 apartments and the cars they will own. In addition to the residents cars, there will be further traffic congestion generated from the cars belonging to the families and friends who will inevitably be visiting those apartments. Add to that the businesses that will be on the property and add back to the above mentioned traffic issue and we are looking at a serious bottleneck.There are not enough parking spaces planned to accommodate the business workers and their patrons as well as the apartment residents and their families and friends. This fact will contribute to a traffic backup simply because a parking place cannot be found, particularly during peak traffic hours of the day. When school was in session, I was told that the backup and the right turn lane on Thalia road at Virginia Beach Boulevard reached all the way back to Thalia Elementary School at about 7 or 7:15 in the morning. This backup encouraged people to get in the straight lane, and then turn right onto Virginia Beach Boulevard from that straight lane. Not only is this situation a safety issue, but it also, hinders the already overburdened school bus situation, which will be further hampered if the buses are not able to arrive at their destinations on time to 40 deliver and pick up the students. As you can imagine, additional cars generated by this apartment business complex proposal would further add to these already existing problems. Another safety issue that concerns us is the lack of space and this mixed-use complex for a large fire truck and other necessary equipment that would be needed during a 5 storey building fire. According to the proposed plans, there seems to be very little road access particularly for the apartments in the second building. Again, we respectfully ask that you. Ms. Oliver: (inaudible 3:54:21) with that. Ms. Pollard: Thank you. Mr. Landfair: Madam Chair, the next speaker is Becky Upton followed by Lynn Hornbeck. Ms. Upton, please state your name for the record. Thank you. Ms. Upton: Good afternoon,Becky Upton.Good afternoon,Madam and Planning Commission. Thank you very much for the opportunity to speak this afternoon. I have been a long time Thalia resident, I appreciate this opportunity very much, and I respectfully request that the Commission disapprove, the recommendation of the applicant's request. I have three points for your consideration and the first one I have not heard yet. This afternoon, I do not think. And that is I wonder what is the science behind coming to the conclusion that Virginia Beach has built enough apartments. I think that at some point in time we will come up to capacity of the number of apartments built, and my concern is the city not over build. And then those apartments not be occupied and somehow we will end up with somesort of a ghetto. I do not know what science there is behind that but there must be some kind of determination of what is the overall capacity of the city for a preference. My second point has already been talked about a lot and that is the traffic, and as you know,the Thalia neighbourhood backs up on the water and the exit out of the Thalia neighbourhood is only available on a couple of streets to go from the Thalia neighbourhood to Virginia Beach Boulevard, and it backs up and we have had a lot of discussion about that. My third point also, has been discussed, and that is that I believe it is a very big safety issue, the ingress and the exit in and out of the Thalia wayside is not conducive or safe or easy, and there is been a lot of discussion about how hard it is to get out of that area and if you have been there you know exactly what I am talking about. And if you have not been there, I would respectfully request that you go there and you can see what we mean about the traffic coming out of all the and trying to get onto the Virginia Beach Boulevard and backing up the traffic. It is a very large safety issue.So, in summary, I respectfully request that you disapprove the request. There have been a lot of people who have asked you that, and each one of us standing here represents numerous,numerous other people in the neighbourhood who did not have the opportunity to come and speak to you. 41 So, in summary, I would ask you to disapprove it because what is the strategic plan for growth for apartments. I am not sure that is been looked at, and the traffic on the streets. We have had differing opinions of whether or not there is a traffic problem and there must be exact numbers behind that. I am not sure we have arrived at that. And then thirdly, the safety issue of coming in and out. Thank you very much for the opportunity. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Lynn Hornbeck followed by Derrick Fick. Ms. Hornbeck, please state your name for the record. Thank you. Ms. Hornbeck:Good afternoon Madam Chair and Commissioners. I am Lynn Hornbeck a 12-year Thalia resident. Thank you for the opportunity today to talk about property values and apartment vacancies which I hope you will take into consideration and deciding on this proposal on property values. The applicant states that the increase in home values from 2015 to 2024, for homes directly adjacent to 4 Class-A apartment communities has increased over the roughly 3%higher than the city average of 14. Fact these complexes are located within areas that were primarily developed after 1970 while Thalia was primarily developed prior to 1970. It is reasonable to assume that the resort oceanfront areas and newer area is still being developed would appreciate at a slightly faster rate than older areas of the city like Thalia. And although, Thalia is an older neighbourhood, the median real estate prices second only to the new and still developing right now NEEMO area. The applicant promises that the proposed complex will be a Class-A community. Of the 29 apartment complexes built in the city since the 2003 comprehensive plan, all of them have fitness center, swimming pools, and club houses,regardless of the price range, and most have reasonable closets space and modern kitchens. All these high end finishes and best in class amenities that they speak of are run of the mill today. Third,what are the increased values for homeowners and increased revenue for the city of Virginia Beach. The average single-family home in Virginia Beach is 338,000, the average value of an apartment unit is 127,000. While one might presume the high density apartments increase the tax base, the continued unrestrained development of these complexes will discourage potential home owners from settling here and investing, resulting in long-term negative impact on home values. Finally, regarding the impact from actual strategic growth area development, the Pembroke SGA plan calls for 1500 apartments in the gateway waterfront district,just to the west of Thalia Creek, and only a few hundred yards from the Willis site, the waterfront district will offer casual places to eat our galleries and performances. Fact, this proposed development within the waterfront district within an SGA and easily accessible to the well planned urban lifestyle of 42 town center would negatively impact this proposed 261 unit apartment complex in the Willis wayside neighbourhood. Moving on to vacancy. Ms. Oliver: Thank you very much. Ms. Hornbeck:Thank you. Mr. Landfair: Madam Chair, the next speaker is Derrick Fick, followed by Jean Lemoine. Mr. Fick, please state your name for the record. Thank you. Mr. Fick: Good afternoon. My name is Derrick Fick. I am current resident and the property owner of the area known as Thalia Shores and have been for the past 23 years. I am here today to strongly oppose conditional rezoning request to change the existing zoning district of B2 to B4 submitted by Thalia Road Partners. The current use of the subject property, with its commercial tenants fits the general area and blends in with the residential area nearby. Should the rezoning to be for reauthorized, the property will subject to a 5-story structure. Significant traffic congestion, a heavy stress on the current wastewater and sewer system, and overloaded the Thalia Elementary School nearby, and will generally not harmonize with the surrounding neighbourhood. This property is not within the strategic growth area as defined by the City's Comprehensive Plan. Should the rezoning be authorized, I ask the question, what is the value of strategic growth planning if it is modified by this kind of resemble. An additional significant concern has recently developed with the Virginia Beach City Council's approval of a sea level rise plan that directly affects the subject property, the intersection of Thalia Road, and it is Rhalia Road not Thalia Drive as represented on some of the graphics, an intersection in Thalia Road and Virginia Beach Boulevard and portions of the subject property are within a FEMA defined flood zone, which is subject to the possibility of 1.5 feet of sea level rise by 2050. If the rezoning was authorized,there was a greatly increased threat risk to this project due to that sea level rise. What better way for the city to begin acting on the city council's sea level rise plan, than to continue existing zone where rezoning enables a project with a higher level of risk. Please deny this request for rezoning. Thank you for your time and attention. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Jean Lemoine, followed by Gregory Lemoine. Ms. Lemoine, please state your name for the record. Thank you. Ms. Lemoine: Hello. Good afternoon. My name is Jean Lemoine. I live at 400, Thalia Road in Virginia Beach. My property borders the Thalia Wayside, and I wanted to say, this project is too large for the site. There are parking issues already and storm drainage issues,the parking lot on the slides that they are showing now is actually larger than 43 what they started off with. And we are in danger of losing large trees over 40 of them.There is large Loblolly pines,white oak, sweet gum trees.We have Fox,owl, Osprey,blue birds other wildlife.The wood is thick with lots of undergrowth.There would be loss of habitat for all kinds of wildlife. An article in the pilot says soaking up water is not a tree silently building does for us. Everyday big trees out there are taking in toxic carbon dioxide and putting oxygen back into the air. Trees conveniently store this and releasing oxygen back to Earth. In essence, if you have two big trees in your yard, they will provide enough oxygen for your family of 4. Trees provide food for homes of hundreds of insects, animals, birds and insects. Caterpillars are the main food source for baby birds, because like human babies they can only soft food. So,I am going to cut to it here. There is another part of this article says Bill Johnson, who was in charge of the City Public Works staff told me about several homeowners, we had cut down, large trees in their yards after Hurricane Isabel blew through a lot of the trees were a casualty in that storm, because of the homeowners did not want trees falling on their houses in the next hurricane. However, after the trees, the homeowners yards flooded in the next storm. We have three large trees in our front yard and two large trees in our backyard, our yard still floods in heavy rains, I have sent pictures into the board's members. My concern is that when a lot of these large trees are cut down our flooding will become worse. If the project is approved as it stands, we will lose a lot of our buffer between Virginia Beach Boulevard, and we would also, have privacy issues in the Thalia forest neighbourhood. For some of us, it would be a safety issue, 3 storey townhouses with rooftop balconies face some of our backyards, with most of the woods gone, there would be people looking over our back fences. With townhouses,there would be an increase of schoolchildren. Some of the teachers at the elementary, of course you guys already know about that. So,I am going to cut to the chase and say I just hope you guys vote against this. This is not for this site. Mr. Landfair: Madam Chair,the next speaker is Gregory Lemoine, followed by Alan Manglinok. Mr. Lemoine, please state your name for the record. Thank you. Mr. Lemoine: Hello, my name is Gregory Lemoine, and as I point out there a lot of buts to the proposed development, right next to the buffer of trees. I have a concern at a meeting that they that we had with the developers in December. Their intention was to put a temporary fence 20 feet from the property line. And then, clear out everything beyond that, and then use a root cutter to cut all the roots of those trees to extend beyond that. So, what they would essentially be doing is cutting the roots from the trees on site away from my house. And, we have a very big concern about wind damage from that and the trees falling toward the house from the cut. Also, as you mentioned, there are yard floods coming from there. Taking out that wide 44 area of trees,which provides a big buffer against the framework would likely cause to flood even more. We are also, concerned about the traffic peak hours to congestion just because you have heard so, many times before. And, we are concerned, it is being proposed outside of the strategic growth area, the City Council,determined clustered growth areas several years ago,and they deliberately left our suburban area for a reason. And, I thank you for your time. Ms. Oliver: I have one question for you sir. Where is your house in? Mr. Lemoine: 400, Thalia Road. It is right next to the lot. Ms. Oliver: We have exactly where it is? Do we have a map? I am just curious. Mr. Lemoine: To the top left of that blue square, the first house right there. Ms. Oliver: Okay, thank you. And, the tree was cut? Mr. Lemoine: No, no. They are saying that they will be cutting the roots of the trees. Ms. Oliver: Okay, they have not done that. I have misunderstood. I just wanted to clarify that. Mr. Lemoine: Yeah. Ms. Oliver: Okay. Mr. Lemoine: Right. Ms. Oliver: Thank you. Mr. Lemoine: Thank you. Mr. Landfair: Madam Chair, the next speaker is Alan Manglinok, followed by Jeff Darrington. Mr. Manglinok, please state your name for the record. Thank you. Mr. Manglinok: Good afternoon. My name is Alan Mr. Manglinok. I have been a resident of the Thalia neighbourhood since 2006, and we strongly object to the proposed rezoning of the Willis Wayside property from B2 community business district to a B4 mixed use district, and to propose project to build mixed use residential and retail structures to accommodate some 261 family units to include a building with 4 storeys of a ground floor parking. Such project may be suitable to support the plan Pembroke and Rosemont strategic growth areas as mentioned before, but the Thalia neighbourhood is not a part of either of those.The introduction of 261 family units and approximately 10,000 square feet of retail space creates both parking and traffic congestion issue for a small area with a single traffic light, and barely a handful of access points from Virginia Beach Boulevard. Proposed project estimates 339 residents, and you can be sure that every one of those residents will 45 drive a car. A cursory examination of the neighbourhood within one mile of the site will show that the parking overflow will spread to the nearby public streets, as is currently the case. My home is on Thalia Forest lane. Okay, it is the first street directly behind the proposed project. And, it would for obvious reasonsbecome default overflow parking due to its proximity. We see that already when Thalia Elementary School has any kind of an event. Everyone parks along Thalia Road and on Thalia forest lane. In addition, the traffic congestion issue affects access to Thalia road, Thalia elementary school, and the nearby Princess Ann High School particularly during peak traffic hours. Anyone that lives there knows exactly what I am talking about, when you are trying to go to work early in the morning or you are trying to come home when the school secures. With approximately 97,000 square feet of bacon retail space within line of sight of the proposed rezoning,what is the point of adding the additional proposed retail space, especially when the current available retail spaces within walking distance. If the currently available retail space,such as the former farm fresh and colon square, less than one mile from Willis Wayside cannot and will not be utilized, what sort of retail businesses does the developer expect to attract, that would not be better suited to Pembroke Mall which is also, within walking distance. Proposed rezoning and the subsequent building project, in my opinion, will change the very character of the Thalia neighbourhoods for the worse. We purchased our home with the ambience of the neighbourhood and the nearby schools in mind. The last thing we wish to see is a 5 story structure less than a football pitch away and visible from my front porch. Please be considered to be the rezoning of this property. Thank you. Ms. Oliver: Thank you. Mr. Redmond:Madam Chair. Ms. Oliver: Yeah. Mr. Redmond:Excuse me sir. Mr. Manglinok: Yes. Mr. Redmond:Please come back for a second. I think I have a question for you. I think you are about the fourth or fifth speaker that I have heard mention the parking situation at Thalia Elementary School. Mr. Manglinok: Yes sir. Mr. Redmond:My daughter at one point went to Thalia Elementary School. So,I am well familiar with it. My question is, has anybody chosen to raise any of these issues with the school board and school administration or merely to us? It seems to me if there is 46 an existing unsafe condition at Thalia Elementary School, at least it has been described, seems to me it would be an important point to make them. Mr. Manglinok: I do not know of any initiative that has been done on that part. Of you, my daughter, we can pretty much walk there. So, we used to we used to re-escort her all the time, so,it is a different issue for us.It is it is totally different for everyone who is got a park along Thalia drive and people that end up going into the cul-de- sac park the vehicles,bring their kids, walk their kids over, and then come back. Mr. Redmond:My point is, if you think there is a parking problem in Thalia Elementary School, I would urge you to contact the school administration if that is the folks who run. Mr. Manglinok: Sir, if you put an additional 300 some cars in that area, we are going to get that overfull parking. Mr. Redmond:Thank you. Mr. Landfair: Madam Chair, the next speaker is Jeff Darrington, followed by InmanDoherty. Mr. Darrington, please state your name for the record. Thank you. Mr. Landfair: Okay, I am sorry. Madam Chair, we will move on to the next speaker. InmanDoherty followed by Monica Wenker. Mr. Doherty, please state your name for the record. Thank you, Mr. Doherty: Madam Chair, Commissioners, and City Staff, good afternoon. My name is InmanDoherty. I have lived in Thalia for 31 years now, and I am here to speak in opposition to this proposed rezoning project.My specific interest here is in proffers. We talked a little bit about them earlier like they amplified a couple of our points. Proffers are used to protect the city and the taxpayer. The applicant's proffers do not show commitment to the plan as being proposed nor to ensuring that any shortfalls and project planning and implementation are fully the applicant's responsibility. The proffers do not address the most elemental aesthetic neighbourhoods concerns we talked about. I am not going to repeat those, there is no reason. But, as examples of proffers that we think would need to be included in that project, a proffer could clearly state the applicant's responsibility to maintain the stormwater management plan. Proffer should to be recorded to, at minimum, ensure annual testing and performance validation with new stormwater management system,since it is a new and really untested system,especially in view of the newer city standards. We talked a little bit about parking before, and the applicant talked about some of the controls he is going to put in for parking, so,I am not going to discuss that. But, it really would be nice to see those items addressed in the proffer. The interest is exit on the Thalia road is a problem as well. And, I really just want to talk about a little example of a problem I have had with 47 traffic. I was trying to turn left from Virginia Beach Boulevard onto the Thalia road. I was in the left-hand turn lane, there were a bunch of cars behind me. The car pulled up next to me on the left-hand lane to the right lane. The left-hand turn lane got the green arrow, I went, that person went as well try to go around and get in front of me and cut in front of me to get onto Thalia road. That is an example of what I think is going to be innovative transit into parking,and I am really concerned that that is going to happen more than once. As far as public utilities and water and sewage, it will really be nice to have a proffer near that says anything that they discovered during the project, they are going to pay for the fix, but we do not see that. And as far as the architecture and design of buildings, it would also, be really nice if we could have a little bit of a proffer in there to try and get those things a little closer to what our neighbourhood looks like. We do not have any Mansard roofs. In conclusion, proffers are disappointing, and do not address or attempt to ameliorate the problems that we see. We would like to see this happen because we would like to see this as a first-class project,but we really would like to see is most of all, not in our neighbourhood. Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Monica Lenker, followed by Alan Wakefield. Ms. Lenker, please state your name for the record. Thank you. Ms. Lenker: 17 years I am asking committee vote no on this project. My main concern is the traffic. I do not have any mathematical numbers for you nor statistics, but what I do have is me looking out the front door for 17 years at the traffic on Edinburg, especially in the morning when people are going to work and in the evening when people are coming home, it has increased over the years, but I know if there is an apartment, it will get even more congested. So, I ask you again to please vote no, thank you for listening. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Alan Wakefield, followed by Blair Ferguson, Mr Wakefield, please state your name for the record. Thank you. Mr Wakefield:Good afternoon, everybody. My name is Alan Wakefield. I have lived in Thalia for 34 years. Today, I am addressing you some of the issues in the Thalia rezoning. Some of them have not heard and some again have been just go over and repeat them again.The first one is a number of cars and access was allotted to the rezoning. I already have difficulty when I go into all these because the handicapped places are normally taken already, and the other parking places around are also, usually filled. This is many times during the day. Number 2, is people have mentioned the congestion on Thalia road. I am handicap, which adds to the need for less cars. I 48 ride a scooter sometimes and it is very difficult because the traffic is already more than what reasonable should be there. And on top of what this would do. Number 3, the number of students at Thalia Elementary will most likely increase above the stated number, so, more teachers and more money will obviously be needed. I am a retired teacher, and so, I know what it is like to have a couple more kids in the classroom and how much more difficult it is, and the amount of work it is for the teacher. Number 4, there are also, many uncounted cost to this also. One is the livability decreases because the height of the building. Now when we look out we see some of the town, but now we are going to look over and see this 5 storey building, which is really to me I have lived in a Thalia because it had no high buildings and this kind of stuff. The Height of the building, the loss of trees and natural canopy they produces another someone's mentioned the garbage to the trees. It dirt science, they take in carbon dioxide give off oxygen, and they built did not have unwanted noise introduced into our neighbourhood. We will have much more noise because of the more commercial and more apartments within Almond Cedar Lane. So,I will definitely be able to hear a lot of that. Thank you for listening to me today and thank you for doing this,but I would appreciate it if you would turn down this rezoning. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Blair Ferguson, followed by Denny Novrad. Mr. Ferguson is a virtual speaker. Mr. Ferguson, please pause for three seconds, so,we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Landfair: Mr. Ferguson, please start by stating your name for the record. Thank you. Mr. Landfair: I think, we will need to move on to the next speaker. Ms. Oliver: I agree. Mr. Landfair: Madam Chair, the next speaker is Danny Novrad, followed by Paul Johnson. Ms. Novrad, please state your name for the record. Thank you. Ms. Novrad: This is Danny Novrad Chi. I am a local historian and former Thalia resident. We are going to try to condense some history in 3 minutes. In early 1640, 2 gentlemen were granted land in Thalia. One of them was Adam Thurgood and another was Lancaster Lovett. In the 1800s, Somerville plantation graced Thalia,and that manor house was built by Norfolk merchant for his son Charles McIntosh. Somerville plantation stayed in the same family for 5 decades. Charles McIntosh was the commander of the Virginia Navy during the Civil War, and he was mortally wounded on an iron clad in Louisiana. I see references to Thalia as far back as 1893, when it was named as a post office in Princess Anne County. Moving forward in 49 the 1920s,the Norfolk Jewish community built Lynn Haven Golf and Country Club in Thalia, and that Country Club hosted a restaurant, cabins, dances, and a 9-hole golf course. In 1937, a TB Hospital was erected on the boulevard. In 1939, Thalia Acres Inn was built by Robert Stein Hilbert on the burned side of Lynnhaven Golf and Country Club. Genie Stein Gilbert's house is the oldest in Thalia and predates even the Country Club days. Its base structure was built in 1908. In the mid 1940s, the TB Hospital building became headquarters for camp area, renamed camp Ashby, and it was converted to a Prisoner of War Camp for Germans. Also, in the 1940s, there was a notorious Madame from Norfolk who built her home in Thalia. That home is approved to be listed on the Virginia landmarks register and national register workplaces. In the 1940s, Thalia also, had a horse racing track and an airstrip to train Civil War Cadets. Few neighbourhoods can boast a rich fabric of history like Thalia, and from the Planning Department website I quote that,"one of the principles for suburban areas is to protect and enhance natural open spaces and places and buildings of cultural and historic significance." I maintain that this project is in congruent with the Planning Department's principles and respectfully propose that Thalia remain a suburban site, historical site. Thank you. Mr. Landfair: Madam Chair, the next speaker is Paul Johnson, followed by Aaron Rowe. Mr. Johnson, please state your name for the record. Thank you. Mr. Johnson: Good afternoon, my name is Paul Johnson, I am a 20-year resident of Thalia, a retired Virginia Beach schoolteacher. I retired from Thalia Elementary School. I am currently back in the classroom pre-COVID, I am a title one math tutor at Bettie F. Williams Elementary. And, I say that because every afternoon,during the school year, I drive home on Virginia Beach Boulevard and turn left into Thalia road. Not during rush hour between 2:30 and 3 o'clock in the afternoon. And, I often have to wait for one traffic, you know, one cycle of the light. But if you are lucky enough to get through, you end up on Thalia road waiting for people to turn into ALDI. You have heard it from many speakers and that is a real problem, not just at rush hour,but the time I come home at 2:30 to 3 in the afternoon. Now, I leave for work from Thalia road and pass Thalia Elementary to turn right onto the boulevard. This is the time in the morning when parents are dropping off their students, and there is a police person there to escort the buses in, but the parents coming in north on Thalia road, waiting for their turn to get into the in front of Thalia. It is not that there is not parking at Thalia. It is the children that are delivered by their parents or caregivers that cause the traffic problems. Now, if I will answer your question. The city has built an extended parking lot for teachers on the north end of the school. It is a grab a lot,but the parking for Thalia Elementary is fine,but it is the parents that come that create the problem. But there is one issue and that is on weekends when everybody's home in their apartments right, the shops are still open up in the 50 proposed site, and all the activities are going on from the Thalia Malibu Recreation League on Thalia, on the big ball fields, just south of the school. Those people parked on front of the school, but they will not park way over where the teachers park,they go into the neighbourhoods and park and you know where they are going to be parking if this building is approved, or where they park now, they park in the Willis wayside or the Willis Furniture parking lot,just north of ALDI. And, there is a lot of them. If you drive down Thalia road on weekends, you will see softball, you will have for COVID, but softball games, one after another all day Saturday and all day Sunday, and all those people park over there. Let us see what I am going to say. I just got to say something that is the threat from the developer about building a big box store there. There is no room for a big box store in that property. That is just, that is a red herring that is been thrown out, so, we do not even listen to that. Ms. Oliver: Thank you sir very much. I am sorry your time is up. Mr. Landfair: Madam Chair, the next speaker is Aaron Rowe, followed by Boo Burrows. Ms. Rowe is a virtual speaker. Ms. Rowe, please pause for three seconds, so, we can unmute your mic. Please start by stating your name for the record. Thank you. Ms. Rowe: Good afternoon, can you hear me? Ms. Rowe: Hello, can you hear me? Mr. Landfair: We can hear you. Ms. Rowe: Thanks. Good afternoon, my name is Aaron Rowe and I am a Thalia homeowner. We bought our home last year and we love this neighbourhood. My husband is about to retire from the military, and we chose this community to be our forever home where we are going to raise our young kids. So, as new residents, we are opposing this rezoning it is not just a lifelong resident you are hearing from today and I will keep this short and sweet as many my points have already been discussed and addressed by speakers more eloquent than me. We are concerned about the traffic and the associated safety concerns of putting hundreds of new residents at an already congested intersection Thalia Road and Virginia Beach Boulevard. As the previous speaker said, at school drop off time at Thalia Elementary,Thalia road is already backed up as parents drop their children and neighbours are leaving for work, hundreds of new residents trying to exit this apartment complex onto Thalia road and then onto Virginia Beach Boulevard, is going to be a big safety issue and it is going to create problematic traffic congestion. I believe the city should stick to the approved strategic growth areas for these large multiunit residential projects. I am not opposed to residential development there in the form of maybe townhomes or something on some sort of smaller scale, but putting a 5 storey building along 51 Virginia Beach Boulevard in this location where everything surrounding it for miles up to the town centre is 2 storeys high, I think it is going to be an eyesore. I just think this is the wrong place for a large apartment complex and ask that you vote no on this proposal. Thank you for your time. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Boo Burrows, followed by Diane McClung. Mr. Burrows,please state your name for the record. Thank you. Mr. Landfair: Sharon Decandia. Mr. Landfair: Madam Chair, the next speaker is Sharon Decandia, followed by Mrs. Cap. Ms. Decandia, please state your name for the record. Thank you. Mr. Landfair: Please state your name for the record. Thank you. Ms. Caps: Hello, my name is Oula Caps, that is why he calls me Mrs. Caps. I want to thank you all for listening to all of us and I know it is very late. But,this is very important to us. I am a former school bus driver, so, I can attest to all the traffic problems that they have been saying,okay, and it is a real problem. Add more homes and it is going to be a disaster. People do not drive, like they used to where they signal,they ley people go, they just go, point one. Point two, there are 36% apartments compared to 64% homes that people are buying. In other words, the trend is not going into the apartments, the trend is going into homes, single homes. I have been inThalia since I was 8 years old, and I am over the years now. Okay. I like hearing the band. I do not like hearing the noise,you put that building up,you take the trees down, the noise comes flooding in. My house already floods, since the last 5 years with all the building that is been going on with Towne Centre and everything, my yard has been flooding. It is only going to get worse. I live about maybe 100 yards away from the creek. So, it is going to get worse. I like to stay into my house until I die, simple as that. I do not think that this is a good project. I do not want the eyesore. I have nothing against the builders. They have their job. Our job as citizen is to tell you guys what we want and we do not want. And, since you have already planned the city, you have got that down. So,I am just asking that you keep to that plan,and not let the developers,push you into anything else. I appreciate your time. And, I hope that you all stay healthy. Thank you. Ms. Oliver: Ms. Caps I just want to thank you for being a bus driver. Ms. Caps: It was the best years of my life, best years. Ms. Oliver: Well, thank you. 52 Mr. Landfair: Madam Chair, the next speaker is Dennis Hobbs, followed by Alexander Smith. Mr. Hobbs is a virtual speaker. Mr. Hobbs, please pause for three seconds so, that we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Hobbs: Hi everyone, my name is Dennis Hobbs,I am a long-term resident of Thalia, and I appreciate the opportunity to speak to you on this topic. I oppose the Willis Wayside rezoning and the plan as it stands. Basically, what I am hearing is this whole effort is just so, wrong in so,many ways. We have heard various people talk items like architecture and size trying to fit this behemoth into a postage stamp like. We have stormwater, school impact, parking, traffic, environmental, utilities, and it is not in an appropriate zone for this type of development. It is a pure urban concept, as they say. The numbers, what we have here is a lot of people what I am hearing, we are all using numbers different ways to justify our goal. But my understanding is and experience as numbers are misleading. When you look at such things as like the 400k in taxes sounds like a big benefit. But, the things I question in a lot of the presentations was, what is the recovery period on it or do we ever recover it, do we constantly pay for this mistake? All that aside,this thing just does not fit the style, smashed into the posted size lot with 5storey, 60-feet building. I tried to visualize that so, I actually drove down, Pembroke office building. It is like sticking one of those 5 storey Pembroke office buildings on that lot, or that new construction of a Witchduck in the boulevard, I believe those are apartments. I cannot even imagine one of those on the lot that size, no matter how they decorate or try to camouflage it to fit into that environment. This thing backs on the residential large suburban lot homes. It is right up against those people. I dread the thought of them looking at their back window 60-foot buildings behind them. I hope their taxes go down appropriately. As for rendering, renderings in my experience are utopian. That is the golden vision of what it will look like. If you noticed, there is only one or two cars spaced around most of those for those things, and even the one across the front of the building, it has every other space building. It would not look like that we can guarantee that.We have heard them say a number of times it is short on spaces. So, what we do, we worked in numbers, so, all is okay. Trust us. They even stated I guess the Planning Commission staff supported that. The parking concept they use is acceptable in urban and it is common in urban environments, I heard that is a code. So, I still oppose these giant 5-storey, 60-feet buildings on that little corner, I see nothing, all the way to Malibu towers or west of Towne Centre of that size. It destroys the suburban environment, impacts the neighbourhood. I question. 53 Mr. Landfair: Madam Chair, the next speaker is Alexander Smith, followed by Randy Lanker. Mr. Smith is a virtual speaker. Mr. Smith, please pause for three seconds, so, we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Smith: Hi, I believe, I may have been slightly misclassified. It is Alexandra Gross Smith and I am not in opposition to the project. I am in fact in support of the project. I am a resident of Thalia, and I more than welcome high-density housing coming to the area. It benefits us, the community. It strengthens nearby business. It increases the local tax pays. It presumably feeds on need for housing because otherwise this would not be built. I have heard the concerns of local residents and the Civic League, and I feel that they are vastly overstated and most of them are aimed at minor issues and have already been addressed in revisions or reports. The City Comprehensive Plan is not dogmatic, it is not required, that it be followed to the letter. Strategic growth areas are not the only places where things can be built. I have a son, he goes to Thalia Elementary. We are not concerned about the impact of this building of apartments will have on the local schools. If people are concerned about funding, they know where the City Council is, I would suggest they go talk to them about allocating more money. Ultimately,the biggest concern is traffic and traffic can be fixed. The entrances to the area can be improved. I do not believe that that alone is a sufficient reason to shut down housing for a few hundred people. Ultimately, I think a lot of the objections simply boil down to nimbyism. And, I do not think that that is worth shutting down affordable housing for a large group of people. Thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair,the next speaker is Randy Lenker, followed by Virginia Wasserberg. Mr. Lenker is a virtual speaker. Mr. Lenker,please pause for three seconds, so, we can unmute your mic. Please start by stating your name for the record. Thank you. Mr. Lenker: Commission members,my name is Randy Lenker, I appreciate you taking the time to hear my concerns today concerning this project. I am asking today that you would vote no for this. I have lived in Thalia neighbourhoods for over 30 years. My greatest concern regarding this project concerns the fact that one objection has been overlooked today concerning this is the amount of traffic that will be created on Edinburg Drive. If you go back and look at the traffic study issues, most of the things that you have heard addressed today have dealt with Virginia Beach Boulevard and Thalia Drive, which are all correct. The issue is the parking and the driving issues on those roads will be exasperated by this project,but the other route that comes into that area, which nobody has discussed today, is where people turn down Lynn Shores Drive to Edinburg down to Thalia Drive, and then come into that area the back way. The amount of traffic that we will see on Edinburg Drive 54 will increase dramatically. And, nobody in this residential neighbourhood wants to see those types of traffic increases, either on it Edinburg or Thalia Drive. So, we would ask you to please vote no on this and I thank you for your time today. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, the next speaker is Virginia Wasserberg, followed by Sandra Shanaberger. Ms. Wasserberg,please state your name for the record. Thank you. Ms. Oliver: You can go ahead and get started. Ms. Wasserberg: Okay. Ms. Oliver: Please state your name. Ms. Wasserberg: Okay. My name is Virginia Wasserberg, and I do not live in Thalia. I live in an apartment in Brenneman Farms Apartments. I am a resident of Virginia Beach and I serve on the National Executive Council of higher ground, which is the nation's largest flood survivor network. I co-founded and lead Stop the Flooding Now, a group that has been honoured in 2018, by the Virginia General Assembly for local flood advocacy and education work. We already have polluted waterways in Virginia Beach. Why, because decades of short-sighted planning and development policies have consistently favoured development interests over the public health. A violation is clear. The staff report states that the phosphorus removal requirement to be 2.5 pounds per year. This development does not meet this reduction and its counterpart falls far short. More phosphorus in Thalia Creek will seriously increase water pollution that has already compromised the public health of residents that fish at Lake Windsor. You see Thalia Creek is tidal, which means it flows into Lake Windsor, and it also flows into the presidential canal in Windsor Woods, which has flooded residents before. Good community floodplain management practices of communities that participate in the National Flood Insurance Program, which Virginia Beach is one adhere to title 44 of the CSR section 60.3-A2. This ensures that floodplain permits must be obtained and comply with ESA standards, ESA (Environmental Services). So, please deny this application on the basis that phosphorus reduction requirement is not met, and it is counterpart of nutrient credits keeps the Virginia Beach in the archaic development practices that many communities across this country are getting away from today. And just because you can do something, just because you can purchase nutrient credits and pollute other waters, does not mean that you should. Thank you very much. You could see in the pictures that I sent to you, the warnings, not to eat the fish in Lake Windsor. Thank you. Ms. Oliver: Mr. Landfair. 55 Mr. Landfair: Madam Chair, the next speaker is Sandra, excuse me, Sandra Shanaberger, followed by Mac Rawls. Ms. Shanaberger, please state your name for the record. Ms. Shanaberger: Hello, my name is Sandra Shanaberger and I live in Princess Anne Plaza and let me quickly say that we have had children, hit by cars in our neighbourhood. As a matter of fact, there were 3 children that were in their own yard that were run down,put in critical condition and it was by somebody that came from the direction of the very nearby apartments. I just want to point out that you have an opportunity to develop responsibly and be known for that, so, it would be nice to see that happen. The Thalia plan state that many of the existing mature trees will be removed. Many to me likely means hundreds or at least 100, and I would like to share some safety concerns and health concerns about removing trees, and I am going to read a few excerpts from some research. If you really need to add more apartments, when we already have so many vacant apartments in Virginia Beach, please consider another location. Perhaps, I mean there is a vacant lot on independence that North Witchduck. It is already paved so, you would not need to remove trees there. That is just one exam just throwing that out there as an idea. So, the research I have here, here is an article titled"Trees Are Key To Fighting Urban Heat." It really looks like you are planning on urban heat island and smog is definitely a health and safety concern. That is kind of a, it is not fiction it is going to happen. Anyway, I will read this here if you live in an area and cities that are seeing more extreme heat days but you do not have tree cover to cool down that can literally be a life or death issue. And then I will skip. It just puts them into greater, puts people at a greater risk from heat waves when we are not getting the benefits of trees. I will move on quickly. This one is called "The Racist Housing Practices" from the 1930s linked to hotter neighbourhoods today and research found that neighbourhoods with higher temperatures were often the same ones subject to discriminatory based housing practices nearly a century ago. The extra heat can have dangerous and sometimes deadly health consequences. Extreme heat kills more Americans every year than any other weather related disaster.It is always 5 degrees cooler under a tree, in case you have never noticed that. Anyway, the urban heat island that means that they, it tends to be hotter than rural surroundings. And this study says that these are the result of more concrete added and fewer trees and green spaces in these hotter areas. Next, I have, oh here is a quote says before I knew that I was gasping for air. Ms. Oliver: Thank you very much you had three minutes just that out. Ms. Shanaberger: Do you really need to interrupt me, I was trying to give you some more information about this. Anyway, there is also, major safety things going on with that. 56 Ms. Oliver: But I am sorry to interrupted now, because you are all done. Thank you. Ms. Shanaberger: Well thanks for cutting off my last 30 minutes that really was inappropriate, I am sorry you did that. Thanks. Mr. Landfair: Madam Chair, the next speaker is Mac Rawls, followed by the last speaker. Ada Shimmer. Mr. Rawls, please state your name for the record. Thank you. Mr. Rawls: Ladies and gentlemen, thank you for your patience. I know it is been a long day. I am Mac Rawls, I am a resident of Thalia and have been one for 55 years now. I am also, a current member and former chairman of the GMH Historic Preservation Commission. Just as a matter of purely subjective information. Members of our commission met with the owner of the Willis property, Ben Willis, 7 years ago to seek to say one of the most iconic historical buildings in Virginia Beach. Our mission was to help Mr. Willis obtain readily available historical preservation funding that will make the building a centrepiece for other commercial development of the property. Our offer was refused. Instead, the owner totally demolish the building and embarked upon his third successful development of the property, turning this once majestic site into a hodgepodge of architectural styles and a general eyesore. B4 zoning was originally conceptualized in regard to strategic growth areas with the intent of creating compact business living areas, less reliant upon automotive transportation. It is not at all applicable to Thalia, which along with Thalia Elementary and the Virginia Beach EMS headquarters is mainly served by only one outlet through Virginia Beach Boulevard. If you want to make Virginia Beach a better place in which to live, this is not a way to do it. We are currently satisfied with the existing B2 zones and urge you not to change that designation. If you do, you will create a precedent that will be hard for all of us to live with in the future. Thank you very much for your attention. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair, we now have the last speaker Ada Shimmer. Ms. Shimmer, please state your name for the record. Thank you. Ms. Oliver: Well, welcome. We are glad to see you. Ms. Shimmer: I bet you are. My name is Ada Schimmer,I have been a resident of Virginia Beach for approximately 60 years. You can see that I do not support the proposal of the building at the corner of Thalia Road on Virginia Beach Boulevard. I do not live in Thalia. I frequent there a lot though. I shop at the Arby's. I have worked at Thalia Elementary School. I do not think the people that live there are asking that the roadgets widened or that they use property to that. All their concerns are very valid. I know the people that want to develop have big money and big power, but I have 57 to say it is an environmental disaster that they are proposing. It is too much development on too small of a piece of property. It is a traffic nightmare and it is an environmental nightmare, and it really does not match, it does not go with the whole feel and atmosphere of that community, which is very much like an environmental type of oasis. So, I would say that this property should not be used for that. There are other locations though that I think would accommodate that very well. One lady said on North Independence or Independence in North Witchduck Road, great big empty area where they used to be a shopping centre. This would work well there. Also, at the corner of South Independence and South Plaza Trail across from Brennaman Farms Apartments, which are already 4 storeys high. There is empty space there. Farmer's fields that I think there is a for sale sign up there. It is also, adjacent to a medical facility. And then there is a shopping centre at the very end of Brennaman farms. So, all of those two places, for example could accommodate something like this very well. This proposal is horrendous. It is literally too much on too small of a piece of land. So,thank you very much for your time. Ms. Oliver: Thank you very much. Ms. Shimmer: Oh, by the way, about the trees that are going to get cut down. Virginia Beach publishes this themselves about the value of the urban canopy and this project is going to destroy those existing big trees, they will probably replace them with a monoculture of small trees, but if anybody would like to save this, may I leave it here for anybody? Ms. Oliver: You certainly can. Ms. Shimmer: Okay, because I think Virginia Beach writes very well, but most of the timethat they do not enforce the developers to do anything like this. I thank you. Ms. Oliver: Thank you. Mr. Landfair: Madam Chair. That was the last speaker for this item. We have been checking with the clerk's, and we do not believe there are any more speakers either downstairs in the lobby or waiting across the street in building 19 who wish to speak. Ms. Oliver: Okay. Mr. Landfair: As such,with no known speakers,we believe the applicant now has the opportunity to reply. Ms. Oliver: All right. 58 Mr. Frankenfield: Once again I am Barry Frankenfield, local landscape architect. I would like to thank you all for your time and patience. I will take most of the comments,but I will quickly bring up our traffic person. Ms. Oliver: Barry please lift your mic up for me. Mr. Frankenfield: Okay. I will quickly bring up our traffic person to answer all those very difficult traffic and parking questions those two big issues. I could stop with these two statements refer back to your Staff report. It is all good, tells you the answers of almost everything. And the second thing is, this is about Virginia Beach Boulevard. This is not about the 3-lined country lane Thalia neighbourhood. This is about an 8-lane road sometimes 12-lanes carries the most traffic in our city for commerce and development.This type of development is totally appropriate on this location. Stormwater comments potential to comply, the staff report, always says potential to comply, because they have done a preliminary study. The study may change. A preliminary study costs $30,000, a full study costs a lot more. So, you have a preliminary study. Staff says it has the potential to comply. I will guarantee you it will comply. It will not get approved if it does not apply, so, it will meet all the regulations. It also, as I told you, it will comply with 1.5 foot sea level rise. And also,one other comment I heard as part of the plan approval,there is a maintenance agreement. That maintenance agreement will be enforced by city staff, so, that developer is required to sign the maintenance agreement, and that that stormwater facility will be addressed. Occupancy, we feel the occupancy and the school increase is tremendously exaggerated. Drucker and Falk representatives can and will if you like speak to the average number of occupants in units in typical apartment complexes. A very, very high number are single persons. They are not 4 persons per bedroom. It just does not exist. And the schools, you will see the schools and staff report showed that a very, very low number of children typically in their apartments. Sanitary and sewer: Whatever needs to be done is going to be done. If they need to jack onto the road and bore and put new lines in that will happen at the developer's expense. There is no risk of overloading the system. The pump station has been approved and can meet the capacity. References to ghetto and blend apartments are not ghetto,they are not like. This project will never be in that condition at all. Maybe there is a confusion and Virginia Housing indicates one of the criteria for mixed use residential is to remove blight. That is one of the criteria. Another criteria is to provide a high quality economic development project which provides mixed use housing. So,that is one of the other criteria. Trees,you cannot have a better person working on the trees than Billy Adam and his group. They are going to preserve what they can. They are going to put more trees in. This is going to be a leafy neighbourhood, which is a pseudonym for a very attractive neighbourhood. So, you look at that plan I can tell you the architecture of the 59 building and the planting. It will not look like the plan, it will look better. There is no doubt in my mind that it will be very good.Now my favourite SGA, SGA's were first discussed in 2003. I have no idea why there is a space between Rosemont Road and Pembroke. None,whatsoever, I cannot even figure out who drew and she is laughing at me, but I cannot figure out who drew the plan, why that happened, because most of Virginia Beach Boulevard is covered in SGAs. In fact, your discussion on the comprehensive plan leads to the conclusion that more high density development is totally appropriate along major transportation corridors. So, all the SGAs are different. Those SGAs that have no residential allowed are recommended, so, to say that it should be an SGA's is just, I do not know how to say, it just does not make sense to me. When we did our research out of the last 10 years, 55 rezonings departments came forward too were deferred or withdrawn, 53 were approved. Of 53, 39 were not in SGAs, 14 were in SGA's. So, the trend, the policy, the direction does not say that all apartments need to be in SGAs. Parking and traffic,I am going to ask, Steve if he come up. Well I am assuming you might have some questions right.So,I am intend to talk,but we have a great project, great group, sports economic development, and it is appropriate for Virginia Beach Boulevard, which is what is the issue. Come on Steve. Mr. Steve: Good afternoon again. I will answer any questions that you may have regarding traffic just to a couple of points that many citizens brought up. First is the entrance. The first entrance to the site, many of the citizens brought the fact that it is very close and it creates some conflict. It is very true it is close to the intersection. It is not an uncommon situation. You can drive up and down Virginia Beach Boulevard and you see the same type of configurations. If we were designing that today, yes we would design it farther back from the intersection, so, we could get away from all the conflict there. The situation has been noted in the traffic study, and within staffs report, and it has been acknowledged by the developer, and this is usually taken care of during a site plan review process because the city staff has the ability now to change the design of that intersection, and they have recommended within the staff report mitigation for that by making the ride in and ride out. I think, the other concern too was traffic safety. Looking at when I first started talking with the city regarding the scope of the traffic study,we always talk about traffic safety and some of the issues that, that particular intersection has according to their records, it was listed, I think it was number 50 of the top intersections for accidents,and it was not a concern really as far as being one of the top intersections that have crashes there. So, a detailed analysis was not done regarding the traffic safety on the study, particularly because this was a limited traffic study because it really did not require a traffic study due to the down zoning going from the B2 to a B4. Another issue that was brought up quite frequently was the school traffic, and again, this is the situation,I think any of our school districts, any school,you will see that same type 60 of traffic pattern and traffic situation, where it is at the beginning of the school day and the end of the school day. You will have that 5 to 10-minute period where you get that flood of traffic, and yes, it takes 2 or 3 cycles to clear and everything. But again, that is not a unique situation to this zone project. Ms. Wilson: I am sorry, but your 10 minutes are up. If you have questions? Mr. Oliver: Thank you. I push the button earlier. Ms. Oliver: Okay, got it. Okay. Yeah, ask questions. Mr. Alcaraz: Sir, were you the one talking about parking or was it Mr. Berlin? Mr. Steve: It was Mr. Berlin. Mr. Alcaraz: Okay, I have Berlin's number. Okay, so, a lot of questions were brought up about the numbers and the mathematics. Can you clarify that? Mr. Steve: Sure. Even though it is pretty much straight by city code on the number of parking spaces required,we would be 60 spaces short. The developer requested,you know, reduction of 60 spaces. So, there was a lot of numbers thrown out there and I am not sure how they came about those numbers, where they were saying 140 spaces short. If we went strictly by city code, it would have been an additional 60 spaces. Now the reductions came in the fact of the shared parking and the fact that this development is a mixed use, and it will facilitate the shared parking and reductions that were that were taken and there is also, reductions in fact that in trial capture which is basically the residence. So, an example would be a resident when he goes shopping at the Arby's, he is not taking up a second parking space, so, there are reductions due to that fact that they are already there on site. So, as far as the math and everything, like I said, we follow standard methodology put out by the Urban Institute for Planning. So, I am not sure what their math is coming from. Mr. Alcaraz: Thank you. Ms. Oliver: Inman, do you to have questions? Mr. Inman: When you do a traffic, you do the traffic study correct? Mr. Steve: I did. Mr. Inman: How do you go about doing the traffic study in terms of physically being observing the traffic in that particular spot. How do you do that? Mr. Steve: Typically, the first step is I do contact your city traffic engineer and we discuss the scope of the study. The scope of it to a traffic impact analysis is well laid out, it is 61 within you are the Virginia Beach guidelines with public works on how you do that study and it is pretty consistent, wherever you go and how you do a traffic impact study. So,the first step is,yes,I talk with your city traffic entity to discuss any types of issues. We discuss what intersections will be evaluated and what types of issues that may occur, like if there was a specific traffic issue or something we could discuss that. And then I guess I do go out to the site and I observe traffic during the morning peak hour and the afternoon peak hour. If it was not a specific site that has traffic, maybe on a weekend or something like that, that the city traffic engineer would know. I would also, observe traffic in that period too. So, we define the scope of the study, and I do observe the traffic. In the end, we set up traffic data collection and we usually hire a sub-consultant to do that traffic collection that specializes in traffic collection, and at the day that they go out to collect traffic, we make sure that it is a weekday between Tuesday, schools are in session. And we do it between the peak hours in the morning and in the afternoon, and I will go out again during the collection of traffic to make sure that there is no touch situations such as construction activity or an accident that may have changed traffic patterns during that time when you are collecting traffic. So, hope that answers your question. Mr. Inman: Yeah, it helped. How many,can you give me a guesstimate of how many hours were spent by you or your subcontractor observing traffic flows and traffic patterns at that particular intersection in question? Mr. Steve: The sub-consultant collected traffic over 2 days during a 2 peak hour tournaments. Each peak hour period in the morning is from 7 to 9 and in the afternoon it is from 4 to 6. So, basically 4 hours a day for 2 days. I was probably out there for a total of 10 hours total. I work at Virginia Beach Town Centre. I frequent that shopping centre. So,I am there in the afternoon. So, I do frequent that shopping zone now and then,but the total time for myself, I would say probably 8 to 10 hours of observing traffic. Mr. Inman: What period of time was this done, and what month? Mr. Steve: I am always out there during peak hours, so, I would typically get out there around 7:30 and go to 8:30, and you can tell when the traffic is stopping and you try to hit the peaks, and then again in the afternoon. I would be out there anywhere between 4 and 6, you know, sometimes I will go out there really just to make sure, maybe there is something going on and traffic is out early, but for the most part, I am out there about 5 o'clock in the afternoon looking at it. Mr. Inman; I would also, like to know what time of year this was done? Mr. Steve: It was in December, December timeframe. 62 Ms. Oliver: Any other questions?Yes Jack. Mr. Wall: I am not opposed to a share the parking plan, but I think they did bring up some good points, or you know, 8 points about the parking study. Yeah, it was pretty specific in what they add the ULI may account for employees. So, that may be an odd issue because they had bring up some very specific points and employees could townhouse parking, and it kept spaces,motorcycle spaces, so, can you address, can you list or make the decision staff again. Mr. Steve: The parking ratios that were used for each of the land uses includes employee parking. Those ratios include all parking for that specific land use, so, it is built into that parking ratio for employee parking. Mr. Inman: Okay. Even the townhome? Mr. Steve: Yes. Mr. Inman: What about is the parking under the structures? Is that going to be locked, and there is going to be key though? Mr. Steve: I would have to defer to the. Mr. Inman: Okay. Because the next line that would not be shared by you. Mr. Frankenfield: No the Drucker and Falk talked with me. The reference was a key 5 will be required to get into the building. The parking structure will not be locked, not be gated, I have to stay. Mr. Inman: What about one person brought up,I think it was Tarra Seacrest talked about towing contractor? Mr. Frankenfield: Right. Mr. Inman: Would that be part of this because it seems like that it is heavy. Mr. Frankenfield: It is part of the service. Mr. Inman: So, you could like shared parking spaces. Mr. Frankenfield: That is good. Mr. Frankenfield: Okay. I am off the hotspot. Okay. Mr. Inman: And maybe that is it was your general question. Ms. Seacrest: Sure so, when in multifamily, when you hire a vendor partner, which is a towing company, you give them your parking policy. And so, the decal that would be on 63 your car would indicate that you are a resident of that apartment community. So,that is how and it is very common. I mean even in garden style apartment communities with surface parking or gated communities, it is almost every single apartment community has a towing company vendor. Mr. Inman: Okay. Ms. Seacrest: Yeah. Yes sir. Ms. Seacrest: Yes sir. Mr. Inman: So, what is the occupancy rate or what is vacancy rate for multifamily of this flats. Ms. Seacrest: Class-A right now in Virginia Beach submarket? Mr. Inman: Yes. Ms. Seacrest: Right now,the vacancy has been excellent even considering COVID. Right now on average for Class-A is 95% occupied, so,you are looking at a 5% to 4% vacancy, which we are really pleased with everyone being able to stay in their home especially during COVID. Mr. Inman: Okay. And few of the residents spoke do say that the trend was too was single family versus multifamily. Is there any sort of data on that? Ms. Seacrest: I really know a ton about apartments and multifamily, so, I could not speak to the single-family rental aspect to it. Mr. Inman: Have you seen demands for apartments. Ms. Seacrest: Oh, yes, there is absolute demand for apartments, and again even speaking these sub-communities, right now. All of our other lease up communities that are in Virginia Beach, have laced up ahead of projections. Usually it takes 18 to 24 months to lease up an apartment community, and just down the street Metro apartments they leased up ahead of schedule 200 West reached up absorption ahead of schedule, and those are fantastic projects so,they are actually on a waitlist. Mr. Inman: Okay. Thank you. Ms. Seacrest: You are welcome. Ms. Klein: I have one more question. I lived in apartments visited people, you either have a decal it comes in like a scanned numbered space. Ms. Seacrest: Yep. 64 Ms. Seacrest: Correct. Ms. Klein: So, if I am going after hours to visit some of guests. Ms. Seacrest: As a guest? Ms. Klein: As a guest. Even all these are to someone in the apartment. How does towing company know? Ms. Seacrest: You are going to be able to park in an open parking space. There is going to be designated spaces for the actual, there will be decals for the residents, so, they will know that that is our resident parking there. Ms. Klein: But are all the spaces open? Ms. Seacrest: All the spaces are open. Ms. Klein: So, how then, wants to say whether or not I am allowed to park there. Ms. Seacrest: There will be signage that will say that this is open parking. And then the residents will actually have a decal for their car. Ms. Klein: So, there will be designated resident parking? Ms. Seacrest: Correct. Ms. Klein: So, then that is not shared parking right? Ms. Oliver: Right,well they have the decal on their car that will say that it is a resident parking, so, then guests will be able to park anywhere in there, in the parking lot. Ms. Oliver: Okay. Just, do you want to speak to the parking. I mean part of it or whoever is. So, is there a designated parking for the residents. Mr. Falk: No. Designated parking would Ms. Oliver: Okay. Mr. Falk: Appears as if it is assigned and thus numbered or Ms. Oliver: Reserved? Mr. Falk: Or reserved and there will be no reserved or assigned parking. It would go against the shared parking concept to have reserved or assigned parking. 65 Ms. Oliver: And,so, is there any designated guest parking to distinguish who is a guest and to distinguish who's just parking freely and not utilizing either the retail, the restaurant, or the apartment? Mr. Falk: Right. A short-term guest, a visitor over a night or a weekend, does not necessarily need any form of pass, so, they could park in any open space in the entire lot. Ms. Oliver: So, the towing company serves what purpose? Mr. Falk: Towing and help me here by I am telling if a car is abandoned. If a car has been there for 2 or 3 days, if a car is noticed by resident, it is in front of my unit and no one has been by that car, that sort of thing, then dropper would tow that vehicle. Ms. Oliver: Correct. Ms. Oliver: And is the townhouse parking spaces, is that calculated into your total parking spaces. Mr. Falk: Yeah, let me along at the garage space. Let me start by the description of the townhouse space. Yes, there are 16 townhomes and with each one there is a space. There was a comment today that each townhouse has two spaces,two times 16 was 32 and you had to take 32 away from our number. There are 16 townhomes, and 16 townhome spaces. And those are in or underneath the townhomes, that is correct. Ms. Oliver: They are attached to the townhouse? Mr. Frankenfield: Underneath, you would pull in. Ms. Oliver: Right, and how many spaces are on each floor of your garage? Mr. Falk: I would have to look a site plan. Ms. Oliver: Okay, it is fine. I just was wondering if you just happen to know that. Mr. Falk: I do not know that on top my head. It is shown there are parking spaces under building one that is the U-shaped building and then there are parking spaces on the building 2 which is the middle long building. Ms. Oliver: And how many motorcycle spaces are there? Mr. Falk: The entire site is 25, but Mr. Landfair and I counted these yesterday, existing now there are already like 12-15 somewhere in there, existing spaces in all the and up front of the Willis Wayside where I reside current. Ms. Oliver: So, saying that you completed the project, how many motorcycle spaces would there be total? 66 Mr. Falk: There are 25 on the site. Ms. Oliver: 25? Mr. Falk: On our site plan. Yes. Ms. Oliver: In addition to what is there? Or total? Mr. Falk: Total. Ms. Oliver: Okay. I am just trying to. Mr. Falk: At the end of the project, we would have 25 motorcycle spaces. Ms. Oliver: Thank you. Okay. Yes Klein. Ms. Klein: The 16 town home spaces, is that included in the 553? Mr. Falk: Yes,because you can park in those spaces. Ms. Klein: So, even though it is your apartment or your townhouse, I could still park there as a non-resident? Mr. Falk: Well you could if you are invited by the townhouse renter. Ms. Klein Okay. Mr. Wall: These spaces include the garage also? Mr. Falk: Well, we are talking about the same space. Yes, it is a garage-type space. Ms. Oliver: So, I have a question for you, because we come out of questions. So, you were calculating the 22 motorcycle spots. Ms. Seacrest: 25. Ms. Oliver: I am sorry, 25, I originally had 22. Your 16 townhouse spaces, which are open spaces to anyone or just the people that leased the townhouse. Mr. Falk: You would think that the person that is leasing the townhome would use that space Ms. Oliver: But, that is calculated into all your parking? Mr. Falk: Because it is a parking space within the 553, yes. Ms. Oliver: Correct, correct. And how many handicap spaces are required? Mr. Falk: Oh God. Can I pull my site plan? 67 Mr. Redmond: 10. Ms. Oliver: They are 10? Mr. Redmond:Yeah. Ms. Oliver: Thank you. Okay. Alright, I think that, okay, anybody else? No okay. Thank you. Does anybody have any more questions or we want to close this. Mr. Wall: Madam, I have got a question about the ball field parking, and so, that spills over into, this might be for the city because I can see where it could spill over the Thalia Forest Lane. I think we have had this discussion before it. Can the individual Thalia Forest can make petition and this might be for Bobby Tajan. Mr. Tajan: Thank you. Mr. Wall: Can a petition for a sign that says there is no parking in the driveway. Mr. Ricky: Rick Lowman,traffic engineering. They can petition,the city for that but they were not able to park on the street, either. So, what we do is we do this around high schools, particularly, but the residents need to know if they do petition the city for no parking signs that they cannot park on the street either. So, you cannot make it resident parking only. It is all or nothing. So,if they did want to prohibit,you know, people from parking in front of their homes, nobody could park in front of their homes. Mr. Inman: Yes, I have a question Rick please. Ms. Oliver: Yeah. Mr. Inman: Ricky reviewed the traffic study? Mr. Ricky: Yes. Mr. Inman: Was it acceptable? Mr. Ricky: It was. You know, all the points that Mr. Francillo, who I have a lot of respect for as a traffic engineer, a lot of issues that you he answered, he did not mention a couple of things. Number one, you know, I think it was mentioned that by one of the speakers that you know the counts are done in December. Well that is going to increase the numbers. They do not encourage you to do counts between say Thanksgiving and Christmas because traffic counts are going to be up a little bit. So, the developer decided to make those counts when they did, because that was the time of year that they could get this stuff done. And that actually increased the background traffic, which is going to make the study even more conservative 68 though. The other thing that was not mentioned, although it is mentioned in the staff report, is that the developer did not subtract out the existing retail that is being torn down. So, normally when you do a traffic study you say, okay,what is being removed and what is being added. The,you know,the neighbourhood did not agree that the retail that was being torn down was typical retail, meaning it did not generate a significant amount traffic like existing retail does. There are little uses in there, those little shops, they do not generate traffic. So, instead of negotiating how much traffic should be subtracted out, they just decided to not even deal with that, which makes the study even more conservative. You know, so, it shows even, you know, more traffic than will be actually out there when this is built. So, I just wanted to point those things out,but yeah,everything,you know,the counting over 2 days, the peak hours only 2 hours in the morning and 2 hours in the afternoon, that standard. We know what the peak hours are out there. We have 2 counts that basically say this is when Thalia is the highest, this is when the boulevard is the highest, and we picked those 4 hours because those are the highest hours. So,that is very typical of everything that we do all standard and,as far as the school,we know warming up here, just in case you guys are wondering, like Mr. Francillo said anywhere around the school you are going to end up with school-type problems. You aregoing to end up with queuing in front of the school because parents do not put their kids on the school buses anymore.You know things are a lot simpler when more parents put their kids on the school bus. But now you have got to come up with drop off plans that we have problems all over the city at elementary schools. I mean thorough good. (inaudible 05:23:38), but it is the parents that drop off the children to the schools. And there is also issue with Princess Anne High School there. Because the Princess Anne High School students will sit in that right lane and they will back out pass Thalia,because,you know,they all want to get to school in the 5 minutes, you know, before the first bell rings, and we see that every high school in the city of Virginia Beach. So, these are common problems that you see around elementary schools. They are not going to go away, and they are just expected in the 15 minutes in the morning, 15 minutes in the afternoon. So, and the great thing about elementary schools is in the afternoon their peak does not interfere with the PMP, which is typically, you know, what would have studied, so. Ms. Oliver: Thank you. You have a question. Mr. Inman: Yes. We heard several speakers talk about the problem of turning left off the boulevard heading north on Thalia road and having to stop, sometimes get caught out in the middle of the westbound,Virginia Beach, Boulevard, okay. No, that I do not know how many times a day that happens. I think that face value from their statements that it issomething that is frequent enough to cause safety concern. Do you think that is true or you just information for you as a traffic guy. 69 Mr. Ricky: We see this,what can we do about. We see this at shopping centres where your first access point is pretty close to the shopping centre. And that is why when we review plans with new shopping centres and things like that, that is one of the important things that we look at. We would have, you know, probably we would have liked to seen it a little bit further back when that thing was built however many years ago. You know the one thing that we could possibly take a look at, and I recommend to the developers and their engineers, is that maybe if you widen the entrance a little bit more, it will be easier for cars to turn in,you do not have to slow down as much because when they are constricted by the entrance width, you know, you have got a car waiting to go out. The cars may slow down even further so, they do not hit that car and they come in a little bit slower. If you widen the entrance a little bit, maybe it reduces the friction for those cars turning into the ALDI parking lot. So,that is a possibility there.You know,if it does become a problem for the, for the residents of the apartments,they are going to get onto the second entrance and come in,in that one. So,that option is there as well,because there are two actual entrances that go into the apartment, you know, the proposed apartments and into the ALDI shopping centre. Mr. Inman: Off of Thalia road. Mr. Ricky: Off of Thalia road. Yes, sir. But if maybe you widen that entrance just a little bit just to make it a little bit easier to turn in,that could be a solution,you know,bigger radius turning in. We could take a look at these at the site plan stage, but it is a typical problem or I would not even call it a problem. It is a typical issue, because cars do slow down when they turn in and it is an accordion effect. The cars behind him slow down and you occasionally get stuck out there. Mr. Inman: So,you are saying that site plan review that could be modified. Mr. Ricky: We could take a look at it. Sure, we can take a look at that and see how much it can be modified. I know there is some powerful out there that you would want to avoid but it could potentially be modified. Ms. Klein: Thank you. Real world experience I used to work in Pembroke and so, I would frequent that shopping centre to get groceries on my lunch break. So, I can speak to this turn. And I have had several near misses both as the cause of the accident or the result of someone slamming on their brakes. Right when you are trying to get in that turn and you slow down and you back like, it is just an event. And so,it is a, it is a legitimate issue at that shopping centre. Ms. Oliver: Thank you very much. You have questions. 70 Mr. Redmond:Yeah, I do not want to put words in your mouth but I thought you tell me if I am and you disagree with what I say, I thought I understood you say that the assumptions in the traffic study and he traffic study itself are conservative. Mr. Ricky: Yes. Mr. Redmond:Okay. Thank you. Ms. Oliver: Okay. Thank you. Mr. Ricky: Sure you are welcome. Ms. Oliver: I am going to close this hearing, and we are going to open it up to the commissioners. And, we would like to get started. Mr. Graham: I guess, I will start. Ms. Oliver: Are you going to start. Mr. Graham: Well, it is my borough so. Ms. Oliver: You go. Mr. Graham: So, I am really excited, but it is been a long day. So, I recognize everything that, you know, the community said, they are obviously very passionate about their neighbourhood. It is a great neighbourhood. I do have to say, I have been on planning commission for a year and a half, and this is probably not the, I guess,the same thing that many other staff reports. This is probably one the most thorough staff reports, and I as well as others on this planning commission have reached out to Bill, who is reached out to Rick Lowman and to others, and I really feel like the staff report is very thorough and well thought out and it answers a lot of questions and then other questions that we have regarding school, traffic, parking, design a lot of things. It has really been addressed. So, I just wanted to, I guess, recognize staffs hard work on this. It sounds like we have kind of addressed some of the objections that we that we heard today. I mean I think that, you know, it really, it seems like this project checks a lot of the boxes. Traffic parking, schools, density, the design and architecture. It sounds like the developer heard from the neighbourhood they went back to the drawing board. They tried to come up with a design that maybe was more compatible with the neighbourhood. I think, it looks attractive. You know that it is tough to come up with architecture I think to compliment a neighbourhood. You know that was, you know, built during a different time period. But to me, it appears to be attractive. I do not know, I would like to hear from the other Commissioners,but I support it. Ms. Oliver: Okay. 71 Mr. Weiner First of all, I want to say I am probably one of the ones in here that I know this area very well. I grew up in Thalia. I went to Thalia Elementary School and Princess Anne High School.My family owned an ice cream store at Premont Mall,and every day after school, we walked over to a mall and Thalia Elementary School. So, I know this area very, very well. And Mr. Almond brought up some good points in about the relevance along the boulevard,but I do have to say to everybody in here. I was in your spot here, 8 to 9 years ago. I was out there with you. Mr. Redmond was on Planning Commission. Mr. Horsley was here and I was up preparing to speaking to you guys about apartment complex at Princess Anne and Witchduck and Kempsville Road in front of Fairfield, and it was probably more speakers than you all. It was a really long day.And then I learnt a lot about that,that development. It was 200 apartments there. Same exact question traffic, schools, across the street, you got Kempsville Elementary School and Kempsville High School. And if you get to talk to anybody in Fairfield today, they are going to tell you why we cannot tell these people even live in there. There is no traffic coming on these apartments. There is just no traffic. I go by their all the time. I only see these people work. I do not see by leaving or coming in. The school bus probably has 3 kids on it, maybe 2 or 3 kids. The only reason school bus because they cannot walk across Princess Anne road because it is too crowded. So, that the school and traffic issue for me is I do not think a big deal or an issue. I want to address Jack's question about the traffic or the parking on the road behind the Willis Wayside now. I am going to see that road in the parking lot. I was lucky enough to be the director of Girls Softball for about 10 years, and I ran the Fall League, and we played at Thalia, and in the fall, the city does not handle the softball directly used to, so, I was lucky enough to put all the schedules together and run the whole league. And I always told my coaches,do not tell your parents not to park on that road. There is so,much parking behind school.There is no reason to park on that road or where ALDI is. Just telling you that, in fact, parks and RECs even, you can work with parks and RECs and they will tell the coach to do the same thing. We had a situation Arrowhead Elementary School. Parents going into the outdoor and then causing a lot of traffic and in wrecks, so, they work with us on that. And lucky, Thalia is they want to contest in Norfolk Tides came over and redid the whole field. So, right now, the city is going to play softball there for a long time. So, I would suggest getting up at parks and RECs having that parking taken care of. On the flooding issue, we did and also, city council just approved the sea level rise, adopted it, and there was a question asked by accounts remember 2 weeks ago,happened last week. What is it going to take to fix the flooding and existing commercial developments, and the answer to him was redeveloped. That is the only way it is going to get fixed, is redevelop. So, I think, that tells you right there. I am a big advocate on affordable housing. I think this is a great place to have affordable housing. And last but not 72 least, I do not think you guys want to check fully a fast food restaurant or even a seven-story office building. I can go there by right. You have no idea how much traffic that is going to cause that is going to be Rick Lumens nightmare or Rick Stoner. But anyway, saying all that I am definitely going to be supporting this. Ms. Oliver: George did you want to? Mr. Alcaraz: Oh,yeah,just a couple simple questions for our planning director. You do not mid. We are like 67 registered speakers and about 12 of them call this spot zoning. My question is, spot zoning versus rezoning detail the differences. Mr. Tajan: Typically, and again, the term is used very loosely at times or based on what someone's perception if of spot zoning, so,that is fair. Spot zoning typically is a term that is used when an area is completely zoned residential and right smack in the middle of it you reasonsomething that was residential into industrial.Those type of things are typically considered spot zoning, something that is completely contrary to a comprehensive plan, and as far as what is the goals permitted in the area. Mr. Alcaraz: Okay. And then, about half of the speakers were questioning why this was not an SGA and SGA is just certain areas that are unique,or they are implementing special growth areas but it does not have to be SGA right? I mean, I do not know why that was said I just want to clear the air. That is not true. Mr. Tajan: Growth areas are used are called out specifically because of their potential for where their locations are, and what assets they have already available to them. It does that mean other uses that may be appropriate in those and maybe be appropriate in other areas. That is why the rezoning process is available to the applicant asked and we analyse based on the plan that is available to us. It does not say that you only have to put those issues in this and all intensive purposes this is a medium density mixed use development, while the congregation is typically our high-density mixed use developments which are much larger than us. Mr. Alcaraz: Okay. Thank you. Mr. Redmond:Falk had made some points. I just want to hit a couple of things that others have not. I want to first off the appropriateness of the kind of development on this site. It is absolutely appropriate site for this kind of development. This is not an overdrive. It is not back in the neighbourhood. This is a corner on an 8-lane divided roadway with a 4-way signalized intersection. It is as big as infrastructure gets around here for a medium density development. This is not appropriate development? Of course it is appropriate. Does not mean I support it, but the idea that spot development or it is some sort of, you know, it is just some sort of oddball 73 kind of development for spotlight that. I think it is just ludicrous. I mean and there are apartment complexes that have been developed all up and down Virginia Beach Boulevard precisely because of that and there will be more. The reason there will be more is because there is such demand for this use. NASA was just mentioned 100%leads?It is 100%leads. Sometimes people will say oh God lots of apartments in Virginia Beach but we have got lots of ones that are about to fall down rapidly. We have got lots of ones that are practically substandard if not all already substandard. The reason there is this kind of development in Virginia Beach is because we need more high-quality housing, and at the same time, we need more affordable housing for cops and fire-fighters and teachers who work at Thalia Elementary School and other places. I think this is going to be beneficial with Thalia Elementary School very frankly because there are teachers who will live there, young people who are making 40 grand a year or 45 grand a year, and that is their first job and that is where they might want to live because it is close to where they live. This property, it is a declining property. It is 30%leased. It is going to be something else. So, what is an appropriate development this place? This is an appropriate development. This place is entirely appropriate. So, I do not, I have heard every kind of argument today,but I have not seen one that really holds water that would cause me to say, no. All of the things that in the staff report they are all wrong. I have heard something now that would lead me to say I have got it. You know, I have got a pose. It is entirely appropriate development entirely, appropriate place, sees me well designed, and loved the idea of shared parking. We have tried to move toward shared parking for the longest time we had these gigantic fields of asphalt. In front of everything they cause nothing but problems. Parking space is a terrible thing to waste. It should always be off. That is the best way to do that. I wish we had more shared parking in Virginia Beach. I hope we do. So, anyway, I know there a lot of people who do not like it. I do not agree frankly with the objections. I just have not seen or heard anything today that would cause me to deny the very appropriate development in an appropriate place, and I think fills their need and has a lot of other ancillary benefits, like the folks who do work at Thalia Elementary School and lots of other places. So, thank you Madam Chair. Ms. Oliver: Thank you, Inman. Mr. Wall: I agree with most of what is been said before,but I want to make a couple of points, and I want to compliment the folks from Thalia who came out and wrote letters and did their research and put together a great presentation. It is a tough case for you all I know, I know, but I am sat here listening and thinking about it, and you know I just, I just do not see this very commercial parcel with a beautiful tree line behind. It is not going away. That insulates you and really is not, I do not see it being damaging to your neighbourhood or even being part of your neighbourhood. I just 74 me and I have lived here 45 years. I have spent plenty of time on Thalia road going to Steinberg. I know that neighbourhood. I almost bought a house there when I first moved here. And,it is a great neighbourhood and I do not think this destroys your neighbourhood, or causes any property values problems in your neighbourhood. We are have to make a land use decision. We are not making economic decisions. It is not for us to determine will the developer be able to fill up the building. I feel pretty confident but they are track record and expertise and others that are building apartments that they did not are not pretty daggone sure they were going to have a good occupancy, they would not be investing the kind of money that they have to invest these days to make a competitive apartment complex because it is not just you know putting up some rooms for people to rent. It is got to have some amenities, and it is got to be nice. In order to compete with the other products have come online here in recent years, and I think you can depend on it,being a very attractive development and the number that you all were talking about the 678 people are not going to be 678 people. You cannot count to bed two people for every bedroom in this community. I mean you got 200 units that are going to be one-bedroom unit. Most of the units are going to be occupied by one person, and maybe half of them will be 2,but 678 is really probably a lot more like 400 or 450. So, the impact, that is a tremendous decline in traffic coming in and out of the community. We need this kind of housing. We know you think there is too many of them already well, that is not what has been proven out when apartments come online. And trees, I know I am a tree person. I love to see the trees. And that is an amenity they. They do not want to cut the trees. That is something that attracts people to live there. They have an attractive environment and the outdoor environment. So, I am going to support this. I must say that the research done by the residents was impressive. Their fine level of detail that went into the word products that they put together was pretty good. I am going to look through it. You know went through it, and you know, we talked about the city's analysis and I trust their analysis. You know the storm water, traffic, fire, schools, and utilities, but I was also, very impressed by the by the resonance. And you know what of course you have to say and then of course in the research that they do. For this project, I cannot say I really oppose it. Currently it is kind of hodgepodge of uses, but I think, it kind of works not just the uses but just architecture. I am not sure that the department would go in there,really much different than your five story apartments that I have seen that got any typical architecture in a brick base and then it gets already been exciting and it turned into Mansard roofs areas, but it does not seem to be that much different than any other apartment complexes of similar nature. I think it does generally meet the concepts of the comprehensive plan. You are focusing along the Boulevard corridor. The mixed use is desirable. I think that big box we are transitioning I have heard many times here that just the shopping trends are moving away from other larger retail. 75 So, currently the coin shops, so, there is something changed. It is probably going to come no matter what. So, you know, you are asking why do they want to build. What is been spent you really want to build right there. And,you know, it probably is because of you are part it. It is a desirable place to live. You know the people live there have history, you know, they come back and as character established, mature landscaping,it is an excellent place to live. So,that is the part of the draw you know they are not putting it off of Euclid, even though we do. Apartments off the Euclid have been built recently,which is the Pembroke SGA. I think,that the parking study is slightly. I think that some of the numbers that are used to,you know,yeah I think that they are lost, but we have discussed people mentioned that the shared use is appropriate. It appears to be high. The buffer is somewhat preserved. You know I am a big proponent of buffers and screening in maintaining that and few people mentioned it before, it is like well, all I have to do is 15 feet, and it is like well you know this is not a direct development. So, proffer that are listed really do not have a lot of teeth in them, you can see the landscaping preserving that. It is just kind of fluid. You are not,not necessarily a fan of that. But they are preserved in the corner where the individual was talking about where he lived I believe, that is going to be more than 20 feet at the corner of Thalia. And currently there is no bumping up from what I can tell you are right behind the warehouse and so, they are going to enhance that added landscaping. In short, it probably will affect the neighbours. The extent I am not sure if it is going to be negative, but I do not think it is going to affect the civility and the sustainability of existing care in Thalia environment I am in support. Ms. Oliver: Thank you. Yes sir. Mr. Horsley; I do not want to belabour it, but I think, staff and the applicant are going to work very closely to come to with this report today. It is been mentioned before, and I think, they have done an outstanding job of putting put it together. And I have got all the comments in the world, and Mr. Frankenfield has commented, and it kind of stuck with me this. This is Virginia Beach Boulevard and, you know, we need to think about it as being on Virginia Beach Boulevard and not being in the neighbourhood of Thalia even though it is it is at a kind of the entrance of Thalia but this is on Virginia Beach Boulevard and I agree. I think it fits there. Why it is not an SGA? If Mr. Frankenfield cannot answer that I do not know and I do not really think it makes any difference whether it is an SGA or not. So, I appreciate the neighbourhood and what they have had to say today, and I told somebody yesterday that I did not know how I was going to vote on this because I wanted to hear what everybody said today and I think I have made my mind up now that I think the project is good enough that I am going to support it. I think, it would be fine a project in that location. 76 Ms. Graham: Anything else? Ms. Oliver I got something so, do not go anywhere Whitney. So, I have spent a lot of time of that on that. My agenda for this application looks like I have been studying for an exam. And I have gone around and around with this, talked to bill. So, basically, you know,in summary,I mean we have summarised everything.The trees are great. Billy Omen is awesome, ventures fabulous, they have always built great projects, and never have an issue with them. It is a good use for the piece of property. I think that the existing what is going on now is outlived its, its term. And so, at the end of the day, we are going to rezone something from a B2 to B4 mixed use, you got 9.3 acres. Willis is going to be torn down along with the shops on the other side. You got all these at 19,054 square feet.You got the other retails 10,224 square feet,they are going to add another 6500 square feet, for totals 35,778. Now assuming that it is all going to be retail,we are not going to add any restaurants. So,we are going to, you know, give that to it. It is 250 square feet. Divided into that is your 143 spaces, 161 units and we have revised our proffers that Brecksville. So,we are not going to expand it to 265, so, we are going to stay at 261, and that gives us 143 spaces because first 50 get 2, and the rest of them get 1.7. So,they are offering 553 spaces, they need by code, 613,but we are now talking about shared parking. We have got 22 motorcycle spaces"that we are adding in there."25, say my old number was 22, so,we have got 25 motorcycle spaces. Now some of the pictures I saw had cars parked in the motorcycle spaces, because there already is not enough parking. We have not factored in handicap.And,I was assuming that the townhouse parking was not part of this. Because you are adding that in, and that is not terrible parking. So, on the good end of it,we are 60 spaces short,but we are playing with numbers here, and it is a math problem. At the end of the day this is just a simple math problem, shared parking not shared parking. You cannot share parking if we do not have enough parking. I can get to stretch in it. We do not have any reserved parking for any of the residents or the guests, although we do have decals, which is fine. And then, if we add in the restaurants into the retail that they are adding into it.Now we are at 100 square feet per parking space. That is another ballgame. So,now you are going to add in more parking. So, do we put a condition in that says that course now, we say we are 50, the restaurants are exceeding for 50, so, do we add a condition and it says all restaurants that go in, in the future, only seat 49 people. Mean, is that where we go. I just, I love the project, I think the project is a great fit. I think it should go on Virginia Beach Boulevard, I think we need affordable housing, God knows that, my oldest is getting married. She is not living with me. You know I do not have a problem with it. I am just trying to figure out the numbers. We do not know how many spaces we have on the garage floor.We do know traffic eventually is going to be a problem because it is in our staff report, says that right there. Staff does have concerns about the potential for queuing of traffic on the 77 northbound Thalia road and the Virginia Beach and that it actually wants to have that addressed but we will do that later, which I think it should be done bow before we get there. It is a math problem. Either we add to the garage or we cut back on the units. I cannot, I mean, at one point, you know, where do we draw the line. You know, are we setting a precedent that says that there is just no such thing as a parking ordinance or how do we define this year parking says there is not a shared parking. We did not even address the loading and unloading of Cisco, my husband is in the restaurant business and those trucks take up an enormous amount of time, and they do not come in on clockwork and they do not deliver food,when you think they are going to go at 2 o'clock in the morning because there is many times this comes rolling in right at lunchtime. So, where is that project. We already have problems coming in and out of the parking lot. Klein said it herself She has got a couple of near misses slamming on her brakes. I am not worried about the school, the school will take care of itself and I am not worried about the trees and I am not worried about the facade of the building. But, you know, if we do this, are we just generally saying there is just no such thing as a parking ordinance. What do we do with everybody else in town, pretty much has to sort of fall into a walk a stop that it works.And in my mind when I have been working on these numbers and working on these numbers for days I have been working on them and now I find out there is even more fighting factor in Cisco truck and all of that. I want this project to go, but I cannot in good conscious do it with the parking the way it is. And so, that is where I am. And unless somebody can come up with a better solution to make this building with everything that it brings to this area, I cannot do that. And that is where it stands. And I have heard everything from both sides. And I have listened hard and I have read everything. But the numbers do not work on the parking. So, that is it. Mr. Webbing, it's all yours. Mr. Webbing: I think, Mr. Redmond had a comment. Mr. Redmond:When I last going to suggest him when I am reading the report. I have already 620. I put my iPad away. I mean I think the study that you did said at the peak hours would be something like 494 spots required and the ordinance says need to have 600 something. There might well be an issue with the parking ordinance. If you look at it, we study it. We see it on weekends, it is shy of 500. Then I do not know that what is in the ordinance is necessarily etched in stone. So, I mean, I think we can look at these things creatively. Obviously, you know those numbers do not match. So, in any event I am comfortable with the way it is. Mr. Wall: Okay, I have got one question. How many shared use parking projects do we do we see, I do not remember too many. I mean how many are, recently before us. Mr. Graham: Well I sent Bill in an e-mail, Marina Shores 78 Mr. Landfair: When was the last big one, comparable to this project in terms of numbers of units and the dealt the difference between them providing or meeting the zoning requirement. They were also, off by about 60 plus parking spaces. Mr. Wall: Right and we have a discussion on the parking.We are have that,I cannot remember what. I do not think we had an in-depth discussion about the discussion Mr. Landfair: I do not think so. No. Ms. Oliver: It is working. Mr. Wall: One thing you mentioned was the restaurants. And I forgot about that was that they were I think they were discussing 250 Square feet, I think. Ms. Oliver: That is retail. Mr. Wall: That is retail, right. Restaurants. Ms. Oliver: The 100 square feet for, Mr. Wall: Restaurants were 100 square feet and then you include patio also, and this application does not include that. And there is multiple restaurants. There is you know Tijuana Flats and there's the Vineyard. Ms. Oliver: And if you have to get a great restaurant,which would be fabulous,then,you know, there is a lot of what else but anyway. Mr. Tajan: Madam Chair, if I may for the. Ms. Oliver: Yes sir. Mr. Tajan: For the parking for the restaurants, the parking calculations based on either the size and where the seating inside the existing restaurants. So, it my understanding that the ones at the front and Kevin correct me if I am wrong, those are all under the size requirements are calculated one space for every 250 square feet because that is what the ordinance allows. Mr. Wall: Because that is what ordinance allows, so, that is actually acceptable the way that was calculated. Mr. Tajan: Correct. Mr. Wall: There was so, me research for this that stated that, that was okay, but that clears that up. Thank you. Mr. Inman: So, it is 250? 79 Mr. Tajan: Correct. It is based on the size of the number of seats which is. Ms. Oliver: It is 50 or less. Mr. Inman: Okay. Mr. Tajan: Or the total square footage of restaurants I believe. Ms. Oliver: Once it get over that, then it is a 100 square feet. Mr. Wall: Gotcha. Ms. Oliver: Which would mean that you would have to, you know, in order to me still stretch. I mean this is just, you are not talking, to me it is no stretched, pending you would need a condition stating that the restaurants could not seat more than 49,in order to keep it at the 250 square feet, otherwise it goes to 100. It is the math problem. Mr. Wall: Right, right, right. Mr. Tajan discussed at all? Mr. Tajan: So, through the build out process, we will review it based on what ever gets approved or does not get approved. So, if this parking study gets approved by the planning commission recommendation and city council approval, we will say this is what your calculation is. This is what you have. This is only use is that you can put in there, that is what you gave us to work. So, again, they understandably had to work with multiple developers. They do not want to hem themselves in, depending on what type of clients they may get in the future. But at the same time, they are tied to the parking plan and the layout that they have provided, and we will do the calculations based on what is provided by them. Mr. Graham: So, live and die by that. Mr. Tajan: Yes, yeah. Mr. Graham: Okay. I mean, with that being said, I would like to make a motion to approve the application. Mr. Redmond:Second. Ms. Oliver: Okay. We have any planning commissioners that need to say from this?Yes. Ms. Coleman: If you are in favour of the motion say, yes and if you are opposed say, no. And this motion is to approve the application. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. 80 Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr Horsley. Mr Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: No. Ms. Coleman: Mr. Redmond. Mr. Redmond:Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: No. Ms. Coleman: By recorded vote of eight for and two against. Agenda Item 5 is hereby recommended for approval by the Planning Commission. Thank you. Mr. Landfair: Madam Chair that was the last item on the agenda. Thank you. Ms. Oliver: Just one minute please, let us close this. Thank you. I know it is been long. I just want to thank everybody here and everybody for coming down and attending today's long planning meeting, but it was a good one, and the recording of this meeting will be posted on the Planning Commission's webpage within 10 days. That website is vbgov.com/PC. The application is not deferred, will be scheduled for future City Council Meeting Staff and let the applicant know when that will be 81 and those meetings will be posted on the Planning Commission's website. The meeting is adjourned. Thank you all. AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein NAY Oliver NAY Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be: (a). multifamily residential community with approximately 261 total units, and in no event greater than 265 units, contemplated to be comprised as follows: (i). 200-efficiency, studio, studio flat and/or one-bedroom units (final unit design layout to be determined); (ii). 44-2 bedrooms units; and (iii). 17-3 bedrooms units. (b). new retail space of not more than 6,500 square feet and, approximately 29,778 square feet of existing retail space for a total of not more than approximately 36,278 square feet and to be developed substantially in accordance with the "Rezoning Site Plan Exhibit" dated April 27, 2020, a copy which has been exhibited to Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 82 Proffer 2: When the Property is developed, the architectural design and exterior building materials excluding windows and accent features, of the structures housing the principal uses on the Property shall be substantially compatible with the architectural design features and exterior building materials reflected on Conceptual Elevation #1, Conceptual Elevation #2, and Conceptual Elevation #3 dated January 15, 2020, by the TS3, copies which have been exhibited to Virginia Beach City Council and are on file with the Virginia Beach Planning Department. The primary materials shall be a contrasting fiber cement panel system with EIFS accent at stairs towers and vinyl windows. These primary building types will feature two buildings built above podium parking and the third will contain three level townhomes with a traditional single space parking garage at grade for each unit. Retail space with aluminum store fronts will face Virginia Beach Boulevard. Proffer 3: The project landscape architect will coordinate arboricultural review by an ISA Certified Arborist of existing vegetation for possible preservation and inclusiveness into the planting plans. Proffer 4: The project landscape architect will develop tree preservation plans and details for existing trees and shrubs deemed viable by the arborist. Proffer 5: The project landscape architect will develop planting plans in accordance with the latest version of the City of Virginia Beach Landscape Ordinance. Proffer 6: The project landscape architect will complement the stormwater management plan with green infrastructure solutions where appropriate. Proffer 7: All landscape work will be coordinated and designed by Virginia licensed landscape architects. Proffer 8: The stormwater system for the proposed development will be designed to accommodate the City of Virginia Beach's current 24-hour rainfall amounts plus a 20% increase as expected for future changing rainfall patterns, provided the City of Virginia Beach does not require additional modifications to the Grantor's site plan which make such design reasonably impractical. For purpose of such design, Grantor's engineer shall perform all analysis using the following inches of rain for the design storms: 1-year storm - 3.60 inches 2-year storm - 4.38 inches 10-year storm - 6.77 inches 25-year storm - 8.39 inches 50-year storm - 9.91 inches 100-year storm - 11.34 inches. 83 Proffer 9: Further conditions may be required by the Grantee during detailed Site Plan and or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 10: All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by Grantee. Proffer 11: The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee, as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Staff Comments: The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Staff notes that proffer 1 permits up to 265 multi-family dwelling units and proffer 2 indicates no more than 36,278 square feet of commercial will be provided. These numbers are a slight increase above what is Thalia Road Partners, LLC Agenda Item 5 Page 8 presented in the Shared Parking Analysis - up to 261 multi-family units and up to 29,778 square feet of commercial. The parking analysis revealed an excess of at least 59 parking spaces during peak demand times, which would be more than enough spaces to accommodate 265 units and 36,278 square feet of commercial uses. These differences equate to the need for eight more parking spaces, which remains far less than the 59 spaces deemed available in the analysis. For reasons of consistency, the applicant has stated their intention to revise the proffers between the Planning Commission 84 and City Council meetings to reflect the numbers provided in the Shared Parking Study (261 units and 35,778 total square feet of commercial uses). 85 k ' � . ' :5 CITY OF VIRGINIA BEACH . ' =-�`" INTER-OFFICE CORRESPONDENCE y t u t"r S Op OUR",0,0 S In Reply Refer To Our File No. DF-10398 DATE: August 7, 2020 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Thalia Road Partners, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 18, 2020. I have reviewed the subject proffer agreement, dated November 18, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom THALIA ROAD PARTNERS,LLC, a Virginia limited liability company WILLIS REALTY CORPORATION, a Virginia corporation WAYSIDE VILLAGE SHOPPES,L.L.C.,a Virginia limited liability company (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) TO: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT, made this 18th day of November,2019 by and among WILLIS REALTY CORPORATION,a Virginia corporation(the"Parcel A Owner"),to be indexed as a grantor; WAYSIDE VILLAGE SHOPPES,L.L.C.,a Virginia limited liability company(the"Parcel B Owner"),to be indexed as a grantor; and THALIA ROAD PARTNERS LLC, a Virginia limited liability company ("Contract Purchaser"),to be indexed as a grantor; and to CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee"),to be indexed as"grantee". RECITALS: A. Parcel A Owner is the owner of the real property("Parcel A")more particularly described on Exhibit A,attached hereto and incorporated herein. B. Parcel B Owner is the owner of the real property("Parcel B")more particularly described on Exhibit B attached hereto and incorporated herein. C. Contract Purchaser is the contract purchaser of Parcel B from the Parcel B Owner pursuant to a separate Purchase Agreement. Parcel A Owner has agreed to contribute Parcel A to the Contract Purchaser in exchange for ownership interests in the Contract Purchaser as more particularly set forth in other agreements. D. Parcel A Owner, Parcel B Owner and Contract Purchaser are collectively referred to as "Grantor". Parcel A and Parcel B are collectively referred to as the"Property". E. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 and Conditional B-2 to Conditional B-4. The Property contains approximately 9.289 acres, more or less, and is located in the District#6 of the City of Virginia Beach,Virginia. F. The Grantee's policy is to provide only for the orderly development of land for various purposes, including multifamily residential property and retail and commercial purposes, through zoning and other land development legislation. Prepared by: GPIN Nos. 1477-95-3769-0000; 1477-95-5573-0000; Jeffrey M.Stedfast(VSB#25967) Kaufman& Canoles 150 West Main Street,Suite 2100 Norfolk,Virginia 23510 G. Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of the change and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-4-are needed to cope with the situation to which the Grantor's rezoning application gives rise. H. Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance(CZO), the following reasonable conditions related to the physical development,operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. I. The conditions having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance,such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW THEREFORE, Grantor, for itself,its successors, assigns,grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element of compulsion of quid fro quo for zoning,rezoning, site plan,building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property,and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its heirs,personal representatives,assigns,grantees and other successors in interest or title: 1. When the Property is developed,it shall be: (a). multifamily residential community with approximately 261 total units,contemplated to be comprised as follows: (i). 200-efficiency, studio, studio flat and/or one bedroom units (final unit design layout to be determined); (ii). 44-2 bedrooms units; and (iii). 17-3 bedrooms units. (b). new retail space of not more than 6,500 square feet and,approximately 29,278 square feet of existing retail space for a total of not more than approximately 35,778 square feet and to be developed substantially in accordance with the"Rezoning Site Plan Exhibit"dated April 27,2020,a copy which has been exhibited to Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. When the Property is developed, the architectural design and exterior building materials excluding windows and accent features, of the structures housing the principal uses on the Property shall be substantially compatible with the architectural design features and exterior building materials reflected on Conceptual Elevation#1,Conceptual Elevation#2,and Conceptual Elevation#3 dated January 15,2020, by the TS3, copies which have been exhibited to Virginia Beach City Council and are on file with the 2 Virginia Beach Planning Department. The primary materials shall be a contrasting fiber cement panel system with EIFS accent at stairs towers and vinyl windows. These primary building types will feature two buildings built above podium parking and the third will contain three level townhomes with a traditional single space parking garage at grade for each unit. Retail space with aluminum store fronts will face Virginia Beach Boulevard. 3. The project landscape architect will coordinate arboricultural review by an ISA Certified Arborist of existing vegetation for possible preservation and inclusiveness into the planting plans 4. The project landscape architect will develop tree preservation plans and details for existing trees and shrubs deemed viable by the arborist. 5. The project landscape architect will develop planting plans in accordance with the latest version of the City of Virginia Beach Landscape Ordinance. 6. The project landscape architect will complement the stormwater management plan with green infrastructure solutions where appropriate. 7. All landscape work will be coordinated and designed by Virginia licensed landscape architects. 8. The storm water system for the proposed development will be designed to accommodate the City of Virginia Beach's current 24-hour rainfall amounts plus a 20%increase as expected for future changing rainfall patterns, provided the City of Virginia Beach does not require additional modifications to the Grantor's site plan which make such design reasonably impractical. For purpose of such design,Grantor's engineer shall perform all analysis using the following inches of rain for the design storms: 1-year storm - 3.60 inches 2-year storm -4.38 inches 10-year storm - 6.77 inches 25-year storm - 8.39 inches 50-year storm - 9.91 inches 100-year storm- 11.34 inches. 9. Further conditions may be required by the Grantee during detailed Site Plan and or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 10. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach,Virginia,in force as of the date the conditional zoning amendment is approved by Grantee. 11. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee,as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 3 12. The Grantor covenants and agrees that: (a). The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action, suit,or proceeding; (b). The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c). If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (d). The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and Grantee. Continued on following page 4 WITNESS the following signatures and seals. GRANTORS: THALIA ROAD PARTNERS LLC, a Virginia limited liability company, 404 By: John L. .song Manager COMMONWEALTH OF VIRGINIA AT LARGE,to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia,this I day of •A b , ? .D, 20±9, by John L. Gibson, as Manager of Thalia Road Partners LLC, a Virginia limited lability company, on its behalf He is [ personally known to me or❑ has produced as identification. , Notary Public i•{�7 `l�N....r.e.. My commission expires: "NE, o r�TTE •'•, Registration Number: to/�l (�Z3 (`' •••. C YPGBs I. MY 000MMISSION n S O ; NUMBER 7061447 O "CALTH 5 WILLIS REALTY CORPORATION, a Virginia corporation, By: Di- D 4I Benjam .Willis, ,P esident COMMONWEALTH OF VIRGINIA AT LARGE,to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia,this /4 day of ,0?-19, 204 by Benjami J.Willis, III, as President of Willis Realty Corporation, a Virginia corpn, on its behalf. He is [personally known to me or ❑ has produced as identification. l Notary Public My commission expires: i 43,1A9k3 Registration Number: 7o,1 N,4 .%0" TTE J,ge. ? n <-; 7. n: mma Co ' .n :. O3.; NU_�,1 I pN ;, AiTH pF,0��.• 1 6 WAYSIDE VILLAGE SHOPPES, L.L.C., a Virginia limited liability company By: Blame envy, ,Managing M ber COMMONWEALTH OF VIRGINIA AT LARGE,to-wit: The foregoing instrument was acknowledged 1; ore me in the City of Virginia Beach,Virginia, this a1\ day of k 1 ,2I ",by J.Blaine Denny,III, as Managing Member of Wayside Village Shoppes, L.L.C., a Virginia limited liability company,on its behalf. He is' personally known to me or❑ has produced as identification. it's `iS CAnAtUe VId Notary P kbyc / My commission expires: Le` e �'' 7)-2- Registration Number: 1 b i014 45 e;tvi ii h�rS^7^�,r` rit ♦ ,� SX_Iv�d� �// ec *,f : 7 EXHIBIT A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging and lying, situate and being in the City of Virginia Beach, Virginia, and being known and designated as Parcel A, a shown on that certain plat entitled, "SUBDIVISION PLAT OF WILLIS WAYSIDE (M.B. 151, PG. 43), VIRGINIA BEACH, VIRGINIA", dated May 27, 1999,prepared by engineering services, inc. as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 277 at page 17. IT BEING the same property conveyed to Willis Realty Corporation, a Virginia corporation, by deed from Frank V. Atkinson and Betty G. Atkinson, husband and wife and James J. Standing and Marie S. Standing,husband and wife,dated May 20, 1950,and recorded May 29, 1950 in the Clerk's Office of the Circuit Court of City of Virginia Beach,Virginia, in Deed Book 273, Page 575. 9 EXHIBIT B ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging and lying, situate and being in the City of Virginia Beach. Virginia, and being known and designated as Parcel B. as shown on that certain plat entitled, "Subdivision Plat of Willis Wayside, Virginia Beach, Virginia," dated February 19. 1999, prepared by engineering services inc., and recorded as Instrument Number 19990527019592370 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia. Said property being more particularly bounded and described as follows: Beginning at a point N. 89° 34 '35" E., a distance of 234 06 feet from the intersection of the eastern line of Thalia Road with the northern line of Virginia Beach Boulevard,thence N.01° 02' 15"E,a distance of 98.43 feet to a point,thence turn and run S 88°57'45"E,a distance of 54 51 feet to a point,thence turn and run N 22°45'44" E., a distance of 36 66 feet to a point, thence turn and run S 88 57'45"E.,a distance of 18 56 feet to a point,thence turn and run N. 23°28'36"E.,a distance of 50 83 feet to a point:thence turn and run S 88°57'45"E.,a distance of 33 84 feet to a point,thence turn and run N.00°54'04"E,a distance of 18 05 feet to a point, thence turn and run S 89"01'00"E,a distance of 2 04 feet to a point,thence turn and run N 00° 58'58"E.,a distance of 40 87 feet to a point,thence turn and run N 89°22'58"E.,a distance of 42.51 feet to a point; thence turn and run 00' 34' 36"W., a distance of 150 06 feet to a point; thence turn and run N.89°24' 27"E, a distance of 49.92 feet to a point; thence turn and run N. 00° 35' 51" W., a distance of 124.70 feet to a point,thence turn and run N. 89° 24' 09" E , a distance of 107.65 feet to a point;thence turn and run S.02°46'59"W.,a distance of 518.49 feet to a pin;thence turn and run along the northern line of Virginia Beach Boulevard,along a curve to the left having a radius of 1075.00 feet an arc distance of 126.58 feet to a point then turn and run along the northern line of Virginia Beach Boulevard S. 89°34'35"W a distance of 241 88 feet to the point of beginning. IT BEING a part of the same property conveyed to Willis Realty Corporation,a Virginia corporation,from Frank V Atkinson and Betty G.Atkinson.,his wife,and James J Standing and Mane S Standing,his wife,dated May 20,1950, and recorded in the aforesaid Clerk's Office on May 29. 1950,in Deed Book 273,at page 577. 17714491v12 10 J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW& ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION&VISITORS BUREAU COMMUNITY TASK FORCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *x 'e******************* 'c OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to omcsrawnn vbeov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 1 B E AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMOOL W 0 O C Y L NOUWS 0 T SPECIAL SESSION T HE E E S S E O O E T I R Y S S ERNDN I1. CITY COUNCIL DISCUSSION A. WEBEX VIRTUAL MEETING WITH MEMEBERS OF THE GENERAL ASSEMBLY III. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Alice Kelly,Director —Finance B. SALE OF EXCESS CITY PROPERTY— Taylor Adams, 212 Fair Lady Road Director—Economic Development C. PENDING PLANNING ITEMS Bobby Tajan,Director —Planning and Community Development Bill Landfair, Planning Evaluation Coordinator D. WESTMINSTER CANTERBURY ON Bobby Tajan,Director CHESAPEAKE BAY MODIFICATION OF —Planning and CONDITIONS&THALIA ROAD Community PARTNERS REZONING Development VII. A. CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y SESSION B S T A N E D B MINUTES APPROVED 1l-0 Y Y Y Y Y Y Y Y Y Y Y SPECIAL SESSION July 21,2020 C. MAYOR'S PRESENTATION PROCLAMATION IRA AGRICOLA DAY Ira Agricola, Executive Vice President, Government Affairs —Hampton Roads Chamber of Commerce E.I. Resolution to OPPOSE Offshore Drilling and ADOPTED 10-0 Y Y Y Y Y AY Y Y Y Y Seismic Testing(Requested by Council B Members Abbott,Berlucchi,Tower,and S Wilson) T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 2 B E AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N O M O O L W 0 O C Y L NOUWS O T SPECIAL SESSION T HE E E S S E O O E T I R Y S S ERNDN E.2. Resolution to REQUEST the Circuit Court to MOTION TO 5-6 YNNNNYY YNNY Order a Referendum Election be held on APPROVE FAILED November 3,2020 re"Should the City Council adopt an ordinance requesting a change to the City Charter that would DENIED provide for the election of councilmembers who represent each of the City's seven residence districts only by voters who reside in the respective residence districts, as opposed to the current system of at-large voting"(Requested by Councilmember Abbott) E.3. Ordinance to GRANT a Non-Exclusive ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Franchise Agreement to Kitty Hawk Wind, CONSENT B LLC re install,maintain,and operate S facilities in the public streets and rights-of- T way for offshore wind energy projects A I N E D E.4. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y YYYY encroachments into portions of City's rights- CONSENT of-way known as Cape Henry Drive and Shore Drive located adjacent to 3325 and 3329 Shore Drive by Virginia Pilot Association Land Trust re maintain an existing metal fence,sliding metal gate, brick columns with lights,gate motor, electric hand holes,and keypad on pole F.l. WILLIAM&MARIE BURKHOLDER/ DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y THOMAS P.JOHNSON for a Conditional Use Permit re short term rental at 4472 Ocean View Avenue,Unit B DISTRICT 4—BAYSIDE F.2. VACATION PROPERTIES,LLC/SEAN APPROVED/ 9-1 Y Y Y NY Y Y Y Y AY &TIJUANA BELL for Conditional Use CONDITIONED,AS Permits re short term rentals at 304 28''' AMENDED Street: a. Unit 310 b. Unit 311 DISTRICT 6—BEACH F.3. ALLEN PRINCE for Conditional Use APPROVED/ 10-1 Y Y Y NY Y Y YYYY Permits re short term rentals at 525 21" CONDITIONED,AS Street: AMENDED a. Unit A b. Unit B DISTRICT 6—BEACH F.4. MISSION ENTERPRISES,LLC fora APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,AS at 517 Virginia Beach Boulevard AMENDED DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 3 B E AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W O O C Y L NOUWS 0 T SPECIALT H E E E S S E O O E SESSION T I R Y S S ERNDN F.5. JANET MARINO fora Conditional Use APPROVED/ I0-1 Y Y Y NY Y YVYYY Permit re short term rental at 951 Maryland CONDITIONED,AS Avenue AMENDED DISTRICT 6—BEACH F.6. HMC,LLC/MINH YOUNG for APPROVED/ 10-0 Y Y Y AY Y Y Y Y Y Y Conditional Use Permits re short term rental CONDITIONED,AS 4669 Merrimac Lane AMENDED DISTRICT 4—BAYSIDE F.7. ARICA ATKINS&MELVIN L.ATKINS, APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y III for Conditional Use Permits re short term CONDITIONED,AS rentals at 598 Pinewood Drive: AMENDED a. Unit 203 b. Unit 208 DISTRICT 6—BEACH F.8. EMILY PERDONCIN&DENNIS SMITH APPROVED/ 10-0 Y Y Y 1 Y Y Y Y Y Y Y for a Conditional Use Permit re short term CONDITIONED,AS rental at 2306 Oak Street AMENDED DISTRICT 5—LYNNHAVEN F.9. GEOFFREY WHITESIDE fora DEFERRED TO 10-0 Y Y Y AY Y Y Y Y Y Y Conditional Use Permit re short term rental SEPTEMBER 1,2020 at 131 South Thalia Road DISTRICT 5—LYNNHAVEN F.10. JUSTYCESWANGO/JAAG APPROVED/ 7-3 Y N Y ANN Y Y Y Y Y INVESTMENTS,INC.for a Conditional CONDITIONED,AS Use Permit at 521 Carolina Avenue AMENDED DISTRICT 6—BEACH APPOINTMENTS RESCHEDULED B Y C O N S ENSUS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION&VISITORS BUREAU COMMUNITY TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 O BCDN OMO 0 L W 0 O C Y L NOUWS 0 T SPECIAL SESSION T HE E E S S E O O E T I R Y S S ERNDN PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ADVERTISING ADVISORY COMMITTEE Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Lisa Hemphill (Represents Hotel Association) 7/28/2020 No Term BOARD OF BUILDING CODE APPEALS Appointed: 10-0 Y Y Y A Y Y Y YYYY Steve Sonkin (Alternate) 5 Year Term 7/28/2020-6/30/2025 DEVELOPMENT AUTHORITY Appointed: 9-1 Y Y Y A Y N Y Y Y Y Y Guenter Weissenseel 4 Year Term 9/1/2020-8/31/2024 SOCIAL SERVICES BOARD Appointed: 10-0 Y Y Y A Y Y Y YYYY Nicole Thurston Unexpired Term thru 6/30/22 Helena Gourdine Thorpe 4 Year Term 7/28/2020-6/30/2024 VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DEVELOPMENT CORPORATION Ryan Thum Unexpired Term thru 8/31/2022 HAMPTON ROADS ECONOMIC Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE Patrick Duhaney City Manager 7/28/2020 No Term HAMPTON ROADS PLANNING Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DISTRICT COMMISSION Patrick Duhaney City Manager Unexpired thru 6/30/2021 +2 Year Term 7/1/2021-6/30/23 OCEANA LAND USE CONFORMITY Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y COMMITTEE Patrick Duhaney City Manager No Term ADJOURNMENT 9:35 P.M.