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12-1-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0lN MAYOR ROBERT M. "BOBBY"DYER,At Large ` - B�c�S'L VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 04 JESSICA P.ABBOTT Kempsville—District 2 s: e , MICHAEL F BERL UCCHI,Rose Hall—District 3 j, , S BARBARA M.HENLEY,Princess Anne—District 7 • z • ','.. LOUTS R.JONES,Bayside—District 4 JOHND.MOSS,At Large AARON R.ROUSE,At Large °" °Y. ..t‘O"` GUYK.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 CITYATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALD D.AGNOR CITY COUNCIL AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITYAUDITOR—LYNDON S.REMIAS CITY CLERK—AMANDABARNES December 1, 2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL BRIEFING -Virginia Beach Convention Center- 3:00 PM A. HRT MICROTRANSIT DEMONSTRATION PROJECT William E. Harrell, President and Chief Executive Officer—Hampton Roads Transit Ray Amoruso, Chief Planning and Development Officer—Hampton Roads Transit II. CITY MANAGER'S BRIEFINGS A. CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS Ronald H. Williams, Jr.—Deputy City Manager B. LOCAL COVID-19 RELIEF FOR VIRGINIA AQUARIUM & MARINE SCIENCE CENTER Cynthia Whitbred-Spanoulis, Director—Virginia Aquarium III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Virginia Beach Convention Center- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 10, 2020 November 17, 2020 G. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY Approximately 2.812 acres at the intersection of Princess Anne and South Witchduck Road (formerly Kempsville Road) 2. PROPOSED PROPERTY TAX EXEMPTIONS b. East Coast Volleyball Club c. Hospice and Palliative Care of Tidewater d. Luv All Warriors, Inc. e. One Step Ministries f. The Pink Ride, Inc. g. Trails of Purpose H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-109 City Code re temporary pay adjustments 2. Ordinance to GRANT a Non-Exclusive Franchise Agreement to SimIS Holdings, LLC re install, operate, and maintain network facilities for telecommunication services in the public streets and rights-of-way 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Ground Lease for approximately 420 square feet right-of-way known as Atlantic Avenue re placement of the Oceanside Marriott Hotel Monument Sign 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Southern Boulevard,the adjacent City property formerly known as the Norfolk Southern Rail Line,and a 30-foot City utility easement, at 4920 Southern Boulevard re maintain existing 72-inch chain-link fence, chain-link gates, concrete barriers, a gravel area, and two (2) metal tanks 5. Resolution to ESTABLISH a May 31 st Memorial Committee, AUTHORIZE the City Manager to solicit proposals for two (2) third-party consultants, and TRANSFER$115,000 from the General Fund Reserve for Contingencies to FY2020-21 Cultural Affairs Operating Budget re establish and dedicate a permanent memorial 6. Ordinance to ESTABLISH the Resort Management Office, APPROPRIATE $1,176,505 of Tourism Investment Program (TIP) Fund Balance, TRANSFER$361,287 and nine(9) FTEs within FY2020-21 Department Operating Budgets, and AUTHORIZE six(6) FTEs re facilitate initiatives at the Resort Area and coordinate City Code enforcement 7. Ordinance to TRANSFER$200,000 from the General Fund Reserve for Contingencies to FY2020-21 Human Resources Operating Budget re hire a consultant to conduct a market salary survey 8. Resolution to REPLACE the 2006 Resolution re market salary survey guidance 9. Ordinance to ESTABLISH CIP #100557, "Flood Mitigation Assistance Grant Program IV", and ACCEPT and APPROPRIATE $803,061 from Virginia Department of Emergency Management to CIP #100557 re flood mitigation measures at qualifying residential properties 10. Ordinance to APPROPRIATE $300,000 from the Fund Balance of the General Fund re provide special event fee offsets during pandemic public health measures 11. Resolution to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County,North Carolina J. PLANNING 1. RITA M.WHALEN & MICHAEL J.WHALEN/RITA M.WHALEN REVOCABLE TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re recordation of a Subdivision Plat to construct a single-family dwelling at an adjacent parcel North of 3652 North Landing Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. ATLANTIC PARK INC. & THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for Street Closures re various rights-of-way for assemblage of Dome Site property at: a. Portion of South Side of 20th Street between Pacific and Arctic Avenues b. Portion of South Side of 20th Street between Pacific and Baltic Avenues c. Portion of West Side of Artic Avenue between 19th & 20th Streets d. 19th Street between Pacific and Artic Avenue e. All alleys within the block surrounded by Arctic & Baltic Avenues and 19th &20th Streets DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. CSA VIRGINIA BEACH, LLC /FREEDOM LAND LINVESTMENT, LLC for a Modification of Conditions re indoor recreation facility at 5070 Virginia Beach Boulevard DISTRICT 4—BAYSIDE (Approved September 6, 2017) RECOMMENDATION: APPROVAL 4. BURGER BUSTERS, INC./BALBOA, LLC for a Modification of Conditions re Special Exception for Alternative Compliance to add decorative feature on building façade and extend drive-through hours at 2902 Pacific Avenue DISTRICT 6—BEACH (Approved May 1, 2018) RECOMMENDATION: APPROVAL 5. LIFE IN HIS WORD CHRISTIAN MINISTRIES /JR MOULTON FAMILY,LLC for a Conditional Use Permit re religious use at Indian River Road,between 6620 & 6608 Indian River Road, 509 feet East of Sandra Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 6. BRANDON & SAMANTHA HATHAWAY/BRANDON HATHAWAY & ET AL for a Conditional Use Permit re outdoor recreation facility at 5025 Cullen Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. ROSETTA DENISE CICONTA& KYRUS-PERROS, LLC for a Conditional Use Permit re assembly use at 2014 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. KENDYL TEAGUE/STEWART INVESTMENTS, LLC for a Conditional Use Permit re beauty salon 613 North Lynnhaven Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 9. GREG S. HORVATH/GREG S. & CAROLYN M. HORVATH for a Conditional Use Permit re home occupation at 2321 Vaughan Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION CHESAPEAKE PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****************** PUBLIC COMMENT Non-Agenda Items ******************** *********************************** 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 request to pmcgraw(vbgov.com or call 385-4303. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL BRIEFING -Virginia Beach Convention Center- 3:00 PM A. HRT MICROTRANSIT DEMONSTRATION PROJECT William E. Harrell, President and Chief Executive Officer—Hampton Roads Transit Ray Amoruso, Chief Planning and Development Officer—Hampton Roads Transit II. CITY MANAGER'S BRIEFINGS A. CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS Ronald H. Williams, Jr.—Deputy City Manager B. LOCAL COVID-19 RELIEF FOR VIRGINIA AQUARIUM & MARINE SCIENCE CENTER Cynthia Whitbred-Spanoulis, Director—Virginia Aquarium III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Virginia Beach Convention Center- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 10, 2020 November 17, 2020 G. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY Approximately 2.812 acres at the intersection of Princess Anne and South Witchduck Road (formerly Kempsville Road) 2. PROPOSED PROPERTY TAX EXEMPTIONS b. East Coast Volleyball Club c. Hospice and Palliative Care of Tidewater d. Luv All Warriors, Inc. e. One Step Ministries f. The Pink Ride, Inc. g. Trails of Purpose tNu•�1,111 A.a, T ss a aP aka a.. • S 3, Y,,l.4C.• 'MP nab PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, December 1,2020,at 6:00 p.m.,in the Virginia Beach Convention Center,Suite 5,1000 19"Street, Virginia Beach,Virginia.The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and authorized for sale to Princess Anne/Witchduck Associates 1,LLC: Approximately 2.812 acres of property located at the intersection of Princess Anne Road and South Witchduck Road(formerly Kempsville Road)as follows: 1. 5161 Princess Anne Road (GPIN: 1466-78-3845),consisting of 3 2.123 acres; 2. t 0.689 acres of public right-of-way to be closed adjacent to 5161 Princess Anne Road along the boundaries with Singleton Road,Princess Anne Road, and S.Witchduck Road;and 3. All easements, rights and/or gaps, owned by the City, between 5161 Princess Anne Road and the right-of- way to be closed. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions should be directed to the Department of Economic Development,4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, (757) 385-6464, (ecde vi r vbgov.corn). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: pttncv/vbgov wehex cnm/vhenv/nnstag p/g_nhn,MTl D=Pa869685e 7t0Rt54rn9 R068a61 of]et Pi. 2. 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 December 1,2020. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON:NOVEMBER 22,2020 f4%‘i d NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation by Designation On Tuesday,December 1,2020 at 6:00 p.m. in Suite 5 of the Virginia Beach Convention Center,the City Council of the City of Virginia Beach will hold a public hearing on an ordinance to exempt (all amounts rounded to the nearest dollar): East Coast Volleyball Club, which has a personal property assessment of$2,221 and taxes assessed at$89;Hospice and Palliative Care of Tidewater,which has a personal property assessment of$31,928 and taxes assessed at $1,277; Luv All Warriors, Inc, which has a personal property assessment of$5,216 and taxes assessed at $209;One Step Ministries, which has a personal property assessment of$1,292 and taxes assessed at$52;The Pink Ride, Inc, which has a personal property assessment of $16,720 and taxes assessed at $669; and Trails of Purpose, which has a personal property assessment of$2,325 and taxes assessed at$93. Copies of a proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303.If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired,call Virginia Relay at 1- 800-828-1120. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at f jtoc•//vbgav wehex com/vhgnv/Q pataee/g,oho?M TI D=ea862685e7t 03f59ce28068a61efi eRfft 2. 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 December 1,2020. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON-NOVEMBER 22,2020 >r. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring 2.812+/- acres of land located at the intersection of Princess Anne Road and S. Witchduck Road (formerly Kempsville Road) to be in excess of the City's needs and authorizing the City Manager to sell same to Princess Anne/Witchduck Associates 1, LC PUBLIC HEARING DATE: December 1, 2020 MEETING DATE: December 8, 2020 ■ Background: The City of Virginia Beach (the "City") owns the 2.123+/- acre parcel of land located at 5161 Princess Anne Road (GPIN 1466-78-3845) at the intersection of Princess Anne Road and S. Witchduck Road, which is an assemblage of remnant parcels acquired by voluntary sale as part of the Princess Anne Road/Kempsville Road Intersection Improvements Project, CIP 2-048 (the "Project"). During the course of the Project, the right-of-way was altered, leaving a 0.689+/- acre portion of right-of-way adjacent to 5161 Princess Anne Road not needed for public use (the "Right-of-Way"). City Council approved vacating the Right-of-Way on April 24, 2014 and has authorized extensions of time to complete the conditions through April 22, 2021. The Right-of-Way, 5161 Princess Anne Road, and any gaps or gores, if any, between the Right-of-Way and 5161 Princess Anne Road, are collectively referenced herein as the "Property." In 2006, the City Council adopted the Historic Kempsville Plan (the "HK Plan") to guide the development and redevelopment of Historic Kempsville. Princess Anne/Witchduck Associates 1, LC, a Virginia limited liability company ("Developer") presented an unsolicited proposal to purchase the Property and develop multi-tenant shops (the "Proposed Development") utilizing architectural elements consistent with the HK Plan. The City and Developer have negotiated the terms of a sale of the Property for the Proposed Development, which are being presented for Council's approval. Tht�- elements of the Proposed Development have been approved by the Historic Kempsville Citizen Advisory Committee. The City would retain approval rights over aspects of the Proposed Development for three (3) years from issuance of a Certificate of Occupancy to ensure conformity with the Proposed Development. Portions of the Property have environmental contamination that pre-existed the City owning the Property. The City enrolled in the Voluntary Remediation Program ("VRP") with the Virginia Department of Environmental Quality ("DEQ") to properly address and mitigate the contamination. Once issued, a VRP Certification of Satisfactory Completion provides enforcement immunity to the City from regulatory authorities. In addition to a cash payment for the Property in the amount of $1,420,000, the Developer has agreed to take responsibility for completion of the VRP and to pay costs associated therewith. The terms of the sale are set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. ■ Considerations: The Proposed Development contributes to the City's goal of revitalizing the Historic Kempsville area. Further, the Developer's agreement to remediate the environmental contamination to the DEQ's satisfaction and complete the VRP relieves the City of this important responsibility. Since a portion of the Property was previously put to a public use, an affirmative vote of three-fourths of the members of City Council is required to authorize the sale. Pursuant to the guidelines established by the Virginia Department of Transportation, the sales proceeds must be appropriated to a transportation project. The funds will be split between the Laskin Road Phase I-A Project #100242 ($710,000) and the Laskin Road Bridge Project#100240 ($710,000). I Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. ■ Alternatives: Retain ownership of the Property. ■ Recommendations: Approval. ■ Attachments: Ordinance, Legal Description, Summary of Terms, Location Map, Disclosure Statement. Recommended Action: Approval of the Ordinance. 6Submitting Department/Agency: Economic Development :(, City Manager: l 1 AN ORDINANCE DECLARING 2.812+/- ACRES OF 2 LAND LOCATED AT THE INTERSECTION OF 3 PRINCESS ANNE ROAD AND S. WITCHDUCK ROAD 4 (FORMERLY KEMPSVILLE ROAD) TO BE IN 5 EXCESS OF THE CITY'S NEEDS AND AUTHORIZING 6 THE CITY MANAGER TO SELL SAME TO PRINCESS 7 ANNE/WITCHDUCK ASSOCIATES 1, LC 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 10 2.812+/- acres of land consisting of 1) 2.123+/- acres known as 5161 Princess Anne 11 Road (GPIN: 1466-78-3845), 2) 0.689+/- acre of right-of-way proposed to be closed (the 12 "Right-of-Way"), and 3) gaps or gores, if any, between 5161 Princess Anne Road and 13 the Right-of-Way, as further described on Exhibit A attached hereto (collectively, the 14 "Property"); 15 16 WHEREAS, the City has adopted the Historic Kempsville Plan (the "HK Plan") to 17 set forth the City's goals for the development and redevelopment of the Historic 18 Kempsville area; 19 20 WHEREAS, Princess Anne/Witchduck Associates 1, LC (the "Developer") 21 proposes to purchase the Property and construct a multi-tenant commercial 22. development, with architectural components that are consistent with the HK Plan (the 23 "Proposed Development"); 24 25 WHEREAS, the Historic Kempsville Citizen Advisory Committee has reviewed 26 the Proposed Development and recommended the sale of the Property to the Developer 27 for that purpose; 28 29 WHEREAS, the Property has environmental contamination that pre-existed the 30 City's ownership; 31 32 WHEREAS, to address the environmental contamination, the City enrolled the 33 Property in the Voluntary Remediation Program ("VRP") offered by the Virginia 34 Department of Environmental Quality ("DEQ"); 35 36 WHEREAS, the Developer has offered as the purchase price for the Property 37 $1,420,000 and completion of the VRP, including all costs associated therewith; 38 39 WHEREAS, the completion of the VRP will result in DEQ issuing to the City a 40 Certification of Satisfactory Completion; 41 42 WHEREAS, Developer will purchase and develop the Property consistent with 43 the terms and conditions set forth in the Summary of Terms attached hereto as Exhibit 44 B; and 45 46 WHEREAS, City Council is of the opinion that the Property is in excess of the 47 City's needs and the sale of the Property to Developer furthers the City's goals for 48 redevelopment consistent with the HK Plan. 49 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 1. That the 2.812+/- acres of land, including 5161 Princess Anne Road, the 53 Right-of-Way, and gaps or gores, if any, between 5161 Princess Anne Road and the 54 Right-of-Way are hereby declared to be in excess of the needs of the City of Virginia 55 Beach. 56 57 2. That the City Manager is hereby authorized to execute all documents 58 necessary to convey the Property to Princess Anne/Witchduck Associates 1, LC, in 59 accordance with the Summary of Terms attached hereto as Exhibit B and made a part 60 hereof, and such other terms, conditions or modifications as may be acceptable to the 61 City Manager and in a form deemed satisfactory by the City Attorney. 62 63 3. That the proceeds from this transaction shall be appropriated as follows: $710, 64 000 to the Laskin Road Phase I-A Project #100242 and $710,000 to the Laskin Road 65 Bridge Project#100240. 66 67 This Ordinance shall be effective from the date of its adoption. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 70 of , 2020. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA15193 \\vbpw.comWisl'.applications\citylaw\cycom32\wpdocs\d029\p035100679135.doc R-1 10/29/20 APPROVED AS TO CONTENT APPROVED AS TO CONTENT /-,/ Economic Development udget& Management Services APPROVED AS TO LEGAL SUFFICIENCY \ J City Aney's ffice EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, together with the improvements thereunto belonging, being designated and described as "PARCEL D GPIN: 1466-78-3845" as shown on Sheet 3 & 4 of that certain plat titled "RESUBDIVISION OF PROPERTY OF EMMANUEL PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE AND CITY OF VIRGINIA BEACH FOR CIP 2- 048, Scale: 1" = 50', dated July 24, 2012, prepared by Rouse-Sirine Associates, Ltd., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20130315000305320, to which reference is made for a more particular description. TOGETHER WITH that certain 0.689 acres of public right of way to be closed, described as "AREA OF PROPOSED STREET CLOSURE `D 1' (28,095 SQ. FT., 0.645 AC.)" and "AREA OF PROPOSED STREET CLOSURE 'D 2' (1,931 SQ. FT., 0.044 AC.)", and more particularly described in Ordinance ORD 3345B, adopted by the City Council of the City of Virginia Beach on April 22, 2014, and extended by various Ordinances to April 22, 2021, as outlined in ORD-3584B, attached hereto as Exhibit A-1. TOGETHER WITH all easements, covenants and other rights, if any, appurtenant to Parcel D and the public right-of-way to be closed, and all right, title and interest of City, if any, in and to any gaps and gores, if any, between Parcel D and the public right-of-way to be closed. RESERVING UNTO the City all adjacent rights-of-way that have not been closed or otherwise extinguished and all public easements or any other rights that benefit the public. IT BEING a portion of the property conveyed to the City of Virginia Beach by deed from The Runnymede Corporation dated January 10, 2001 and recorded in the aforesaid Clerk's Office in Deed Book 4348, at page 605. IT FURTHER BEING a portion of the property conveyed to the City of Virginia Beach by deed from Vincente N. Rono, Jr. and Conchita N. Rono, husband and wife, dated September 25, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090930001151390. IT FURTHER BEING a portion of the property conveyed to the City of Virginia Beach by deed from the School Board of the City of Virginia Beach dated April 9, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20100409000331610. IT FURTHER BEING a portion of the property conveyed to the City of Virginia Beach by deed from Emmanuel Protestant Episcopal Church of Kempsville dated February 13, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130315000305800. EXHIBIT "B" SUMMARY OF TERMS 2.812+/- Acres Located at 5161 Princess Anne Road SELLER: City of Virginia Beach (the "City") PURCHASER: Princess Anne / Witchduck Associates 1, LC PROPERTY: Approximately 2.812 acres consisting of(a) 2.123+/- acre parcel known as 5161 Princess Anne Road (GPIN 1466-78-3845); (b) 0.689+/- acres of former right-of-way adjacent to the 2.123-acre parcel; (c) gaps or gores, if any, between (a) and (b) PURCHASE PRICE: $1,420,000 INTENDED USE: Property will be developed into multi-tenant shops, including traditional retail users, specialty uses (medical or dental), and/or restaurants RIGHTS, RESPONSIBILITIES, and OBLIGATIONS OF CITY: • City will designate Purchaser to be its Authorized Agent to act on its behalf with Department of Environmental Quality's ("DEQ") and complete the Voluntary Remediation Program ("VRP"), subject to City's right of rescind agency status • City will receive a Certification of Satisfactory Completion ("Certification") of the VRP, providing the City with enforcement immunity, as a condition of closing • City retains right to terminate if Purchaser does not complete the VRP • City will have approval rights if the Intended Use changes within three (3) years of a Certificate of Occupancy • City will have approval rights for first three (3) years of occupancy over any tenancy associated with a drive-thru service window, unless such tenancy is a bakery, local or national brand coffee shop, or cafe/restaurant with not more than five (5) other locations, in which case Purchaser need not obtain further City approval • City retains right to reacquire Property if construction has not commenced within one hundred eighty (180) days after closing RIGHTS, RESPONSIBILITIES, and OBLIGATIONS OF PURCHASER: • Property is purchased "As Is, Where Is," with notice of environmental contamination • Purchaser will perform as the City's Authorized Agent with DEQ and will provide truthful, accurate, and complete information to DEQ in the completion of the VRP and will provide the City with the Certification prior to closing. • Purchaser will be responsible for all costs incurred after September 9, 2020 to complete VRP and obtain the Certification • Purchaser retains right to terminate in the event it elects to not complete the VRP • Purchaser shall be responsible for resubdivision to incorporate former right-of- way with 5161 Princess Anne Road • Purchaser has a due diligence period of 300 days to confirm satisfactory title, obtain approval of resubdivision and site plan, and complete VRP • Deposit of $50,000 refundable during due diligence period • Purchaser shall commence construction of the Intended Use within 180 days from Settlement • Purchaser shall complete shell construction for at least two buildings, plus all exterior site work, within 365 days after commencement of construction • Construction of all improvements to be consistent with the elevations and design criteria approved by the Historic Kempsville Citizen Advisory Committee • Purchaser may not assign the contract except to another legal entity in which membership is the same. • Purchaser and City shall each be responsible for their own costs and attorney's fees Approval of this sale shall be revoked if closing has not occurred on or before June 30, 2023, unless extended by City Council prior to such date. 2 ' ' lidiFou aeli W E Sl NGl N , 'ETO 4. s 11. ,It., ,s, r t ,,,, lit ,, a , \ .2 , , w * ski,,. ' 6-- lk ' .' — : -.4: '' .A.: _ cr Illt rQ - 22 O . ' , , .. - b._ t" . • ' 4Ir: Q. � 1!r . + � { • ,/ / ° / y • fT it 1'" ii I { 1 ,4 V 1� / , 101. , . 4 .ems s Legend , --PRINCESS 1466-78-3845 qN . `' NEQ - . LOCATION MAP !% Area of Proposed Street Closure + A. EXCESS CITY PROPERTY City Properties _ 5161 PRINCESS ANNE ROAD .. ..... • - GPIN 1466-78-3845 Note: This property is located0 Feet in AICUZ Noise Zone < 65 dB !`"' ti 0 50 100 200 Disclosure Statement (kr a VbyFm 6,nt• Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Princess Anne/Wltchduck Associates 1, LC Does the applicant have a representative? ■ Yes ❑ No • if yes,list the name of the representative. Chris Sanders Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ■ Yes ❑ No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Chris Sanders is the sole owner as of October 29,2020 • If yes,list the businesses that have a parent-subsldlary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) None 'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner to 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. Wage Disclosure Statemen 1� ,Ira„n-Yor•.Ninth Planning& Community Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing flnandng(mortgage,deeds of trust,cross-collaterallzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes No • if yes,identify the financial Institutions. Towne bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes III No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,Identify the firm or Individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? PI Yes 0 No • If yes,identify the firm or individual providing the service. Kimley Home for civil engineering; Randolph Hicks,AIA is the Architect 5. Is there any other pending or proposed purchaser of the subject property?0 Yes tr No • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement Pia fining&Conumnity Development 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Pi Yes ❑No • If yes,Identify the engineer/surveyor/agent. Kimley Home 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?#[ Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Kaufman&Canoles Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Garth,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Sign More Chris Sanders Print Name and Title October 29,2020 Date Is the applicant also the owner of the subject property? ❑Yes ■ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must he t:pdated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications p ale down et aeeetmn - -_ Print Name Wage GpNIA ti Acy 4 City of Virginia 1-3 each 'si Of Olgt NAT y Y vBgOV.00IIT MARK D.STILES MUNICIPAL CENTER,BUILDING 1 CITY ATTORNEY 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9004 (757)385-4531 FAX(757)3855687 TTY:711 November 20, 2020 The Honorable Robert M. Dyer Members of City Council Municipal Center, Building #1 Virginia Beach, VA 23456 Re: Applications for Tax Exemptions by Designation Dear Mayor Dyer and Members of City Council: Pursuant to City Council Policy Regarding Applications for Tax Exemption by Designation (attached), the following tax exemption applications have been submitted to the Commissioner of the Revenue for your consideration: • East Coast Volleyball Club • Hospice and Palliative Care of Tidewater • Luv All Warriors, Inc. • One Step Ministries • The Pink Ride, Inc. • Trails of Purpose This package includes information from each applicant organization regarding compensation of officers and key personnel. A public hearing for the tax exemptions by designation is scheduled for the December 1, 2020, City Council meeting. The ordinances granting exemptions is scheduled for consideration at the December 8, 2020, City Council meeting. If you have any questions or concerns, please contact Mark Stiles or me at 385- 4531. Sincerely, Dana R. Harmeyer Public Finance Attorney DRH:ka Enclosures cc: Philip J. Kellam, Commissioner of the Revenue Mark D. Stiles, City Attorney Amanda Barnes, MMC, City Clerk Patrick Duhaney, City Manager f N '+-ti4 Original Proposal n. I\.. .Z CityCoundi Policy , . Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revision=May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2,2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the Property. . 2.0 Polity The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Counc2 Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 I Dates of Revisionsv.May 6,2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 50I(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations(including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: I. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on forms) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2, Pursuant to Virginia Code§58.1-3605,each entity exempted from local property taxes shall, every three years,file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from Iocal property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Anide 3 058.1-3609 et seq.) of Tide 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive F. . t' Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public heating and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions,as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances,arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council Tide City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Rea uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. OVERVIEW OF NONPROFIT APPIJCATION FOR EXEMPTION ENTITY NAME: East Coast Volleyball Club Website: https://www.eastcoastvolleyballclub.net SUMMARY OF NONPROFIT BUSINESS ACTIVITY To teach players how to implement courage,tenacity, perseverance,and resilience to achieve excellence.To give our players unforgettable experiences that teach them the life skills necessary for success. ECVC believes that players who strive towards excellence in volleyball, necessarily learn skills that can be applied towards achieving excellence throughout all aspects of their lives. ECVC believes in the importance of education. High achieving players should have equally high expectations for their academic performances.ECVC believes that playing time should be earned,and never given. ECVC believes that families who engage in our mission will be part of a process that molds the future leaders and great achievers of the new generation. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessment: $2,221.20 Tax: $88.85 RELEVANT INFORMATION IRS Granted 501 (c)3 status--May 10,2019 159603 1041 A2g,geS,-:' 'c APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION ' -1" -i s"- V//1�/1;0.1/ Club ea - 61a84533 — Applicant Name-Corporation) (Federal Tax ID#) ! ° 1.93 LmdGnAdix A-7t117-' (Mailing Address) (Business Address) A• . e.'tc i VA. e9341, 4. ee4ch, i/n • c7347153 (City.State and Zip Code) (City,State and Zip Code) 7,17-4)47 z/ao , (Trade Name-DBA) (Telephone) RAVE- fig/41/Q of k6i. C.onet (Facsimile) (Email Address) _ - Please indicate if this is ( New application E Renewal application • Nas this organization reviously been exempted by the General Assembly or a local government body in Virginia? 55Yes ❑No ,�..,,nn (jotz'$c�b�g • Is this organization exempt from federal income tax pursuant to IRS S01(c)? ISPes ❑No 1-aeer►be_ Ettinc}len • Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? i46es ONO If so.is it currently, in good standing with the State Corporation Commission? `es ❑No • Does any other individual,association or corporation occupy or use any part of the premises of any property for which exemption is sought?If so,give all details. ❑Yes 0 o • Is any income derived from the use of any portion of the real property by other individuals or groups,whether considered as rent or reimbursement for necessary expenses for services incurred? ❑Yes Io • Has the ABC Board issued a current annual alcohol beverage license for serving alcohol beverages to the organization for use on the property for which tax exemption is sought? ❑Yes 1SAlo • Is the organization compliant with all city ordinances and regulations? 114 es ❑No • Is this organization current on ail taxes due to the City of Virginia Beach? es ❑No \Fp' • is the organization registered with the VA Department of Agriculture and Consumer Services? 0 Yes11 o I. Please describe the organizatio s mission. e tch 'lom ( -it,yrs) Ott. s port 14. 1411t ba.tl o7t.nb as'cal with ;&, v +a ch )1 k )essext to i01 pltilite tt GOVrAl e f f e.i.se,f-y i pu•Se.rtse�'al't c e- •1- re sil/u-rce it, ke-hie roc. 6ue.c_es$ t,v it+e ep J' I in) L;Pe . 1 2. Summarize the organization's activities and accomplishments during the last ear. otti}>i�t Pala-rate& u51t wr y I�u►n• e r+ty id- tun h• h 04Mpe i�t+fC 1tt►� '• l�- Vea is u/ £ OtrFtans.l CI+g++IPIVIsh,N - tine to—PA ,, the huyh,es ie.Pt! oP OP&M' iw� oar kp�y als.e eOd riIw 6be srpio.cahip bN uhna,.s t- l►N /ecally. Thr3 3. Desrxibe to detail and specify the location of all real and persona'property for�ch exemption is sough ;aydt h+ b�j The y vi- ih WE- yt afr dew'/- a w•+ Li loe.rtle-.D Al /395 �ac/0+ y4A, rod �`e'J The soma, yr pe�elw ,ndoe, **A, Jl Oct aydit..,j bw•lly, tests,ycoie f> /e l+rhes_ 7rf,1VP1 WU- /O�Id TOO/- / - GO✓w/ei 4. For what purpose is die real property currently being used? If there are several types of use for a single parcel,indicate such usages by areas of the buildings and floor locations. .Vt. do , 'or a�N tire. 'reps.-hi/,ad Cs{sflE 5. With regard to personal property,state the purpose for which the property is being used. Is income derived from the use of any such property by individuals,groups or otherwise? if so,give all details. f't// pycepe s•h' !s t/f ep Jn/ The Wm Jr, 0P- / a.ar* <S wezi of /aoev,d rest pe,filniR'i 6. Does the organization provide services for the common good of the public?If so,explain in detail and include in your explanation a listing of the services provided,the cost of the services to the recipient and the method of determining cost of the services tothe, recipient,and any other detailsyou deem pertinent Eitel.. payer_ ht.n! avr t rT rides 9*e- ka-�c i✓ / l palJfcj.i�t of 44' • J)t,cs aril- dueei++rn l►y 'ff.t. ees� o 7ize. taedetn+.m 71 flit 7ljakm/4 /1 caftnP Coital sn-lw�ufs vrr y,G+wt 4- a shasc OP bri7d,wg er,peones Affig.0. 1Iem... apoo.0o asoa.00 Plate,. 7. Explain in detail why the City Council of the City of Virginia Beach shoulempt the or anization m.real and personal property taxation in the City of Virginia Beach. E*e1 GO**D V'o/Ic4j,bad l `/s b ( Ee V tip 1 S a voljuilt f,i od✓ a• / hIy/F palm) ..r�,p�I he6r...aK- 8. Does the organization have any rule,regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex,or national origin? L , 9. The NAMES ofthe OFFICERS/MEMBERS arc: `r NAME TITLE - ANNUAL COMPENSATION IIAIEILIE KO 1,Ib v1 _IDIVEChe IL. 3 8/.00 1, :�1�1`oostN l/ititAT ►1f1 . '8"' _Roost I I`N�Mi 5�tn—. IJUe� '1i OA A.YO _ • • *If you require additional space,please attach a separate sheet Please attach the following information: 2 • A copy of the organization's IRS determination letter exempting the organization from federal income tax, • A copy of the organization's most recent audited financial statements(i.e.,current balance sheet and income and expense statement for the organization's last fiscal period), • A complete copy of any federal tax return(typically Form 990 or 990T)filed by the organization for the most recent year. • A valid copy of a current government issued photo ID. By submitting this application, the organization acknowledges that the application and supporting documents will be available for review by City staff the City Council and the public. As provided by Virginia Code§58.1-365i,no exemption shall be provided to any organization that has any rule, regulation,policy or practice that unlawfully discriminates on the basis of religious conviction, race,color,sex or national origin. _�N This form was repared by II/e _�S• 'adUat _ , whose title with the organization is lreD• • Signature: : l ,,. ORGANIZATION: By: ,Name L'ItL 1a� ti lit M Title ��iPM,n1,fr 6-1-1 LE j/l✓Cr.4.i Telephone 51— 617-2-1 a Email TPOENIA (21V4Q/0 Gait" Date 511. Z D STATE OF VIRGINIA CITY OF V VrIRGINIA BEACH,to-wit: et 1 J ,1a,Vi"`— being duly sworn, deposes and says that he/she is the f a11`r1;N,�11 �E (title)of the 5,51 1 p{1S1\Gl1W1 (t�b (legal name of ownership organization)named in the within entitled application;that he/she has read the foregoing information sheet and knows the contents thereof;and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief,and as to those matters he/she believes it to be true. 3 (Signature of Officer) Subscribed and sworn to before me this s;fr`day of JEbko' .202,0 • 1af . f�[-h1`1V Notary Public My Commission Expires ,`L 12j\\Len.3 ferOIRVRRita REG.MILO COMMEALIR OF MGM necomstesioN MU 4 INTERNAL REVENUE SERVICE DEPARTMENT• OF THE TREASURY P. 0. BOX 2508 CINCINNATI, CO 45201 Date: MAY j 0 2019 Employer:Identification Number: 82-2084333 DLN: 17053352321008 EAST COAST VOLLEYBALL CLUB INC Contact Person: C/0 VALERIE KALLAM KAREN L THOMPSON ID# 17301 5905 WOODHAVEN COURT Contact Telephone Number: VIRGINIA BEACH, VA 23464 (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 509(a)(2) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: June 30, 2017 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (1RC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRO Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PG, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 947 . t -2- EAST COAST VOLLEYBALL CLUB INC Sincerely, eC-. I Director, Exempt Organizations Rulings and Agreements Letter 947 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Hospice and Palliative Care of Tidewater Website: https://www.hpctidewater.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY HPCT's vision is to exceed the expectations of our patients and families in providing outstanding care,and encourage patient choice resulting in improved quality of life. Our hospice team is committed to providing comfort and dignity through physical, emotional,and spiritual support.As health professionals,we are dedicated to educating the community about hospice benefits. We offer a comprehensive array of services for adults who want to manage their end-of- life healthcare needs in their own homes,nursing home or assisted living. We Provide Hospice Care,Palliative Care, and Grief/Caregiver Support. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessment: $31,928.05 Tax: $1,277.12 RELEVANT INFORMATION IRS Granted 501 (c)3 status February 23, 2013 882823 't ;r APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION 1 Hospice and Palliative Care of Tidewater 45-4301194 Applicant Name-Corporation) (Federal Tax ID#) 5000 Corporate Woods Drive,Suite 500 5000 Corporate Woods Drive,Suite 500 • (Mailing Address) (Business Address) Virginia Beach,VA 23464 Virginia Beach,VA 23464 (City,State and Zip Code) (City,State and Zip Code) (757) 321-2242 (Trade Name-DBA) (Telephone) i (757) 962-4870 kallsbrook@bethsholomvillage.com i (Facsimile) (Email Address) Please indicate if this is ® New application 0 Renewal application • Has this organization previously been exempted by the General Assembly or a local government body in Virginia? 0 Yes ❑No We are sales tax exempt and VE • Is this organization exempt from federal income tax pursuant to IRS 50I(c)? N Yes 0 No Business license exempt. • Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? ®Yes ❑No If so,is it currently in good standing with the State Corporation Commission? ®Yes ❑No • Does any other individual,association or corporation occupy or use any part of the premises of any property for which exemption is Hospice and Jhighthe Ore of Tidewater occupies spec.within the budding of the(lofted Jewish Tadetetion of Tldewster.The buildiq h sought?If so,give all details. ®Yes ❑NO aka occupied by severe,othet eon-profit agenc•s•Jewish Fruity Services.Wel=hirh Childboui.Tidewthf f•Cfh Foundation. • Is any income derived from the use of any portion of the real property by other individuals or groups,whether considered as rent or reimbursement for necessary expenses for services incurred? ®Yes 0 No • Has the ABC Board issued a current annual alcohol beverage license for serving alcohol beverages to the organization for use on the property for which tax exemption is sought? ❑Yes ®No • Is the organization compliant with all city ordinances and regulations? ❑Yes 0 No • Is this organization current on all taxes due to the City of Virginia Beach? ID Yes ❑No • Is the organization registered with the VA Department of Agriculture and Consumer Services? ❑Yes I]No 1 Please describe the organization's mission. To provide hospice and palliative services to patients in Virginia Beach and its surrounding areas. Hospice and Palliative Care of Tidewater is a joint venture between Beth Sholom Home of Eastern Virginia and Jewish Family Service of Tidewater. 1 2. Summarize the organization's activities and accomplishments during the last year. Hospice services are provided at end of life to comfort the patient and family during this transition.Palliative services are provided for patients with chrank conditions that are not able to gel to their doctor on a regular basis(i.e.pain management,wound care). 3. Describe in detail and specify the location of all real and personal property for which exemption is sought. Exemption Is requested for medical supplies used within our agency to provide are to our patients,as well as equipment within our corporate office that facilitate our operations. 4. For what purpose is the real property currently being used? If there are several types of use for a single parcel,indicate such usages by areas of the buildings and floor locations. NIA-no real property owned by company 5. With regard to personal property,state the purpose for which the property is being used. Is income derived from the use of any such property by individuals,groups or otherwise? If so,give all details. Most of our property is furniture,fixtures,equipment within our corporate office to facilitate our operations,and other small equipment used for our patients. 6. Does the organization provide services for the common good of the public?if so,explain in detail and include in your explanation a listing of the services provided,the cost of the services to the recipient and the method of determining cost of the services to the recipient,and any other details you deem pertinent. We provide healthcare services to patients.Most of our services are paid for by Medicare and other commercial insurances. 7. Explain in detail why the City Council of the City of Virginia Beach should exempt the organization from real and personal property taxation in the City of Virginia Beach. We provide important medical care to patients that are at the end of their life.As most of our reimbursement comes from insurances,we are under constant changes In regulations and payment methods. 8, Does the organization have any rule,regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex,or national origin? Yes 9. The NAMES of the OFFICERS/MEMBERS are: NAME TITLE ANNUAL COMPENSATION David R.Abraham CEO SO Kimberley M.Allsbrook CFO $0 Paul Peck Chair $0 Neil Friedman Board member $0 Jack Young Board member $0 Jason Hoffman Board member $0 Ellen Rosenblum Board member $0 Joel Nied Board member SO `Lawrence Steingold Board member r $0 c)e3SKA, �eL& at�f ,j rad& t, ld4l Z(ra e p rvto� Fi� �R. rZJ kt 1115 1 V I Oat *If you require additional space,please attach a separate sheet. Please attach the following information: 2 • A copy of the organization's IRS determination letter exempting the organization from federal income tax. • A copy of the organization's most recent audited financial statements(i.e.,current balance sheet and income and expense statement for the organization's last fiscal period), • A complete copy of any federal tax return(typically Form 990 or 990T)filed by the organization for the most recent year. • A valid copy of a current government issued photo ID. By submitting this application, the organization acknowledges that the application and supporting documents will be available for review by City staff, the City Council and the public. As provided by Virginia Code §581-3651, no exemption shall be provided to any organization that has any rule, regulation, policy or practice that unlawfully discriminates on the basis of religious conviction, race,color, sex or national origin. This form was prepared by Kimberley M.Allsbrook , whose title with the organization is Chief Financial Officer Signature: : ORGANIZATION: Hospice and Palliative Care of Tidewater By: Name Kimberley M.Allsbrook Title Chief Financial Officer Telephone (757)961-3032 Email kallsbrook@hpctidewater.com Date STATE OF VIRGINIA is this filled out correctly? CITY OF VIRGINIA BEACH,to-wit: David R.Abraham being duly sworn, deposes and says that he/she is the Chief Executive Officer (title)of the Hospice and Palliative Care of Tidewater (legal name of ownership organization)named in the within entitled application;that he/she has read the foregoing information sheet and knows the contents thereof: and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief,and as to those matters he/she believes it to be true. David's signature 3 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 8 0 2 8 2 3 Date: F EB 2 . 2013 Employer Identification Number: 45-4301194 DLN: HOSPICE AND PALLIATIVE CARE OF 17053096351022 TIDEWA'rw Contact Person: C/O MARIA STEFANIS ROXANNE M HAYTHORN ID# 52416 999 WATERSIDE DR STE 1700 Contact Telephone Number: NORFOLK, VA 23510 (877) 829-5500 Accounting Period Ending: June 30 Public Charity Status: 509(a) (2) Form 990 Required: Yes Effective Date of Exemption: January 6, 2012 Contribution Deductibility: Yea Addendum Applies: No Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt statue, you should keep it in your permanent records. Organizations exempt under section 501(c) (3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) -2- HOSPICE AND PALLIATIVE CARE OF We have sent a copy of this letter to your representative as indicated in your power of attorney. sincerely, dal O. ,dz Director, Exempt Organizations Rulings and Agreements Enclosures Publication 4221-PC Letter 947 (DO/Ce) 802823 >-t ' 7 Ft s ��{ _ Ci)i??1-H1��(i11!i' ft ill{' ��i'li?ilt't' � f Li' r-, City Hall `.t,.vr, Virginia Beach, VA 23456-9002 Philip I.Kellam Commissioner Vegov.com/cor CO1004 O F' ' ;i 0.01 ifs '*(004.'00 013,4TION , , *e. • .. • 1. The NAME of the CORPORATION/LLC is: HOSPICE AND PALLIATIVE CARE OF TIDEWATER 2. The NAMES and HOME ADDRESSES of the DIRECTORS are: 3. The NAMES and HOME ADDRESSES of the OFFICERS/MEMBERS are: President/Member: PAUL PECK 1428 DANIEL AVENUE NORFOLK,VA 23505 Vice President/Member: JASON HOFFMAN 208 GOLDEN OAK COURT,SUITE 300 VIRGINIA BEACH,VA 23452 Secretary/Member: JACK YOUNG 1000 BRIARWOOD POINT VIRGINIA BEACH,VA 23452 Treasurer/Member: ELLEN ROSENBLUM 1729 MIDDLEMOST KEY VIRGINIA BEACH,VA 23502 4. The Corporation's REGISTERED AGENT and OFFICE ADDRESS is: LAWRENCE SIEGEL,WILLIAMSMULLEN 222 CENTRAL PARK AVENUE,SUITE 1700 VIRGINIA BEACH,VA 23462 MEMBERS CONTD JOEL NEID 1308 KILDEER COURT VIRGINIA BEACH,VA 23451 LAWRENCE STEINGOLD PO BOX 4808 VIRGINIA BEACH,VA 23454 Co;poratiat Information Rev 07.10.2015 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for ail applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: # I c P�4' �"`�' CGti-tuL._, SECTION 2. SERVICES DISCLOSURE -Rd 49 Are any of the following services being provided In connection with the applicant? If the answer to any item is YES, please Identify the firm or individual providing the service: IYES 1 O I SERVICE ( PROVIDER (Use additional sheets if I t needed)• 0 In �Sh0% ' fit CPR Accounting and/or preparer of �9 t your tax return I-.-- Financial Services (Include Egg 0 lending/banking institutions and Ta cl._ne.)'$car._.. _ current mortgage holders as applicable) IN i.1 i t1a..m 5 m u..� ® D I Legal Services I` RI Broker/Contractor/Engineer/Other Servile Providers L- - -- -- CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is 1 complete;true, and accurate. understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. /"-Th - 5 4Q,.. 1 Ininek LeAl Or). •APPLICANT'S SIGNATURE PRINT NAME DATE OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Luv all Warriors, Inc. Website: https://iuvallwarriors.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Luv All Warriors' critical vision is to create awareness and raise funds to help nurture support for first responders and the members of the armed services. These people put their lives on the line every single day for the good of others, keeping people safe and out of harm's way. We want to support them in their invaluable service to the community and the people of this country. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessment: $5,216.00 Tax: $208.64 RELEVANT INFORMATION IRS Granted 501 (c)3 status—May 17, 2019 803632 i. ''1.,. -.„, Isj If APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION I Iuv All Warripcs_ Inc 83-2906798 Applicant Name-Corporation) (Federal Tax ID#) 228 N L nnhaven Rd_ Suite 120 : ► ... . -. : . ; • i ! (Mailing Address) (Business Address) Virginia Beach VA 23452 Virginia Beach,VA 23452 (City,State and Zip Code) (City,State end Zip Code) 757-937-5537 _ (Trade Name-DBA) (Telephone) 1 i Patrick&Jluvallwarriors.orq (Facsmtile) (Email Address) Please indicate if this is 0 New application X Renewal application • Has this organization previously been exempted by the General Assembly ore local government body in Virginia? XYes ❑No • Is this organization exempt from federal income tax pursuant to IRS 50I(e)? XYes DNo • Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? ekes ❑No If so,is it currently in good standing with the State Corporation Commission? EYes ❑No • Does any other individual,association or corporation occupy or use any part of the premises of any property for which exemption is sought?If so,give all details. ❑Yes XNo • Is any income derived from the use of any portion of the real property by other individuals or groups.whether considered as rent or reimbursement for necessary expenses for services incurred? ❑Yes XNo • Has the ABC Board issued a current annual alcohol beverage license for serving alcohol beverages to the organization for use on the property for which tax exemption is sought? ❑Yes XNo • Is the organization compliant with all city ordinances and regulations? NtYes 0 No • Is this organization current on all taxes due to the City of Virginia Beach? EYes ❑No • Is the organization registered with the VA Department of Agriculture and Consumer Services? Wes 0 No I. Please describe the organization's mission. Proving support and services to active and veteran first responders and military memebers. 1 2. Summarize the orga niruion's activities and accomplishments during the last year. Luv All Warriors, Inc., has just started setting up, we have registered with the IRS and the state as a charitable organization,builtrn our business plan and started set up our website. 3. Describe in detail and specify the location of all real and personal property lion which exemption is sought. The two fire trucks are being outfitted for parades and as food trucks. they belong to Luv All Warriors, Inc., located at 228N Lynnhaven Rd,Ste 120,Virginia Beach VA 23452. 4. For what purpose is the real property currently being used? If there are several types of use for a single parcel,indicate such usages by areas of the huildings and floor locations. The fire trucks will be outfited to be used for parades,and food trucks that will be used to host events for fundrasing. The funds raised will be donated to local first responder charities for the benefit of first responders and first reponder families. 5. With regard to personal property,slate the purpose for which the property is being used. Is income derived from the use of any such property by individuals,groups or otherwise? If so,give ail details. NO 6. [)ocs the organization provide services for the common good of the public?Ifso,explain in detail and include in your explanation a listing of the services provided,the cost of the services to the recipient and the method of determining cost of the services to the recipient,and any other details you deem pertinent. All funds less expenses will be used to find orgntretions supporting first responders. There are no cost to benificiaries,In some ca-ce first responder organization may be marring and opperating the fire/food trucks 7. Explain in detail wiry the City Council of the City of Virginia Beach should exempt the organization from real and personal properly taxation in the City of Virginia Beach. Luv All Warriors is a volunteer organization and therefore does not have any compensated staff. Proceeds raised using the firetfood trucks at diffcxwt events will be given directly to local first responder organizations. The trucks will be used to bring awareness and camarderie It. Does the organization have any rule,regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex,or national origin? Absolktley none 9. The NAMES of the OFFICERS/MEMBERS arc: NAME TITLE 1 ANNUAL COMPENSATION Patrick McAfee President 0 Donna Tanega Treasurer 0 Terry Scholl Secretary 0 *If you require additional space,please attach a separate sheet. Please attach the following information: 2 2. Summarize the organization's activities and accomplishments during the last year. 3. Describe in detail and specify the location of all real and personal property for which exemption is sought. 4. For what purpose is the real property currently being used? If there are several types of use for a single parcel,indicate such usages by areas of the buildings and floor locations. 5. With regard to personal property,state the purpose for which the property is being used. Is income derived from the use of any such property by individuals, groups or otherwise? If so,give all details. 6. Does the organization provide services for the common good of the public?If so,explain in detail and include in your explanation a listing of the services provided,the cost of the services to the recipient and the method of determining cost of the services to the recipient,and any other details you deem pertinent. 7. Explain in detail why the City Council of the City of Virginia Beach should exempt the organization from real and personal property taxation in the City of Virginia Beach. 8. Does the organization have any rule,regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex.or national origin? 9. The NAMES of the OFFICERS/MEMBERS are: NAME TITLE ANNUAL COMPENSATION Patrick McAlea President $0 Donna Tanega Treasurer $0 Terry L Scholl Secretary _ $0 *If you require additional space,please attach a separate sheet. Please attach the following information: 2 • A copy of the organization's IRS determination letter exempting the organization from federal income tax. • A copy of the organization's most recent audited financial statements(i.e.,current balance sheet and income and expense statement for the organization's last fiscal period), • A complete copy of any federal tax return(typically Form 990 or 990T)filed by the organization for the most recent year. • A valid copy of a current government issued photo ID. By submitting this application, the organization acknowledges that the application and supporting documents will be available for review by City staff the City Council and the public. As provided by Virginia Code§58.1 3551,no exemption shall be provided to any organization that has any rule, regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race, color,sex or national origin. This form was prepared by Patrick A Mcr41Pa , whose title with the organization is President Signature: : 7 A A. 1 `" ORGANIZATION: Luv All Warriors, Inc. By: Name Patrick A McAlea Title President Telephone 757-937-5537 Email Patrick@luvailwarriors nrg Date 04/21/2020 STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: Patrick A McAlea being duly sworn, deposes and says that he/she is the President (title)of the Luv All Warriors, Inc_ (legal name of ownership organization)named in the within entitled application;that he/she has read the foregoing information sheet and knows the contents thereof;and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief,and as to those r iAtif/s he/she believes it to be true. .•`, \,YNN •may ...... S�ti ti. PUBL:C., ';Or • REG#328838 .r n MY COMMISSION • p 4. EXPIRES ��, '••,, 1/3112021 .' t3 3 (Signature of Officer) Subscribed and sworn to before me this 21 st day of Apnl ,20 2Q -c/i,24,dv1_,461144,2.60 Notary Pub C Tony L Scholl 1328838 My Commission Expires 01/31/2020 .• �'; RF. BARV.' 2 G# C • ter:r- zo' 1/31/2 f 4 DISCLOSURE STATEI t EI T FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Luv All Warriors, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE —1 I_PROVIDER(use additional sheets if needed) ices ® Accounting and/or preparer of Sunshine onna Tanega your tax return 43T Gotham Rd virvinia BeaA VA 23452 Finandal Services (include ElEllending/banking institutions and 93EO First Colonial Road current mortgage holders as Virginia Beach,VA 23454 a licable) El Legal Services Broker/Contractor/Engineer/Other ff Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. • Patrick McAlea, President 05/01/2020 APPLICANT'S SIGNATURE PRINT NAME DATE INTERNAL REVENUE SERVICE - DEPART1'ENT OF THE TREASURY P. D. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: t`v f` 1 7 2019 83-2906798 / DLN: 17053035496009 LUV ALL WARRIORS INC Contact Person: C/O PATRICK T1CALEA SHAYLA U BAKER IDO 17252 311 WINSTON SALEM AVE Contact Telephone Number: VIRGINIA BEACH, VA 23451 (877) 829-5500. Accounting Period Ending: December 31 Public Charity Status: 170(b)(1)(A).(vi) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: December 01, 2018 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: • We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified.as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990•N, our records show you're required to file an annual information return (Form 980 or Form 990-EZ) or electronic notice (Form 990-N, the 6-Postcard). If you don't file a required return or notice for three consecutive years, your exempt -status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(C)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 947 -2- LUV ALL WARRIORS INC Sincerely, Director, Exempt Organizations ...•� Rulings and Agreements Letter 947 4 • r . ,� a r. . n . ,_ .ia . ';'fir . Wait ' Vi10.110416r 1. The NAME of the CORPORATION/LW is: 1.--UV MI WA2J 2. The NAMES and HOME ADDRESSES of the DIRECTORS are: Ockee. -�, ��''c tf1 SCA% tV/t" 3. The NAMES and HOME ADDRESSES of the OFFICERS/MEMBERS are: President I Member: P_P,;\1-12)1C VIA(1,6kild Vice President/Member: Secretary/Member: `2i_ _l 01\ 4 - 7easwier IMepaber (ponh 4—Re Corporation's REGISTERED AGENT and OFFICE ADDRESS is: M cakiego.. Sri s") t Ave- UQ i/'- Vst Rev 07.1020)5 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: One Step Ministries Website: https://www.naturespathacademy.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY At Nature's Path,we recognize that children are born with the natural ability and desire to explore, learn and develop their God given potential. It is our responsibility,as facilitators,to guide them on their journey of discovery. The world is our curriculum. through it,we provide a program rich in literacy, creativity, and problem solving, as well as physical and spiritual well-being. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessment: $1,292.80 Tax: $51.71 RELEVANT INFORMATION IRS Granted 501 (c)3 status—May 7,2018 04 11 i`;c �rj' .ate .;' 'i-ti APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION 0110 n% li aillC c 82-215g65 licant Name-Corporation) (Federal Tax 1D#) &S(S' ticzk.er .ac4;( e(S ti (Marling Address) (Business Address) V0. Witt,VA 23//Z Ni i ` .' Z3'/ 1 (City.State and Zip Code) (City.State and Zip Code) e i 11142.411'e 1 ?Ctik A(4:.‘it'i 4411 57% 7 • 4 Z . (Trade Nate-D A) (Telephone) 1 Ad4 exec.d r - . (Facsimile) (Email Address) Please indicate if this is t"New application ❑ Renewal application ,,�� • Has this organization previously been exempted by the General Assembly or locala,,__ government body in Virginia? ❑Yes lr/JNo • Is this organization exempt from federal income tax pursuant to IRS 501(c)? 1 c es ❑No • Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? E1 Yes ❑No If so,is it currently in good standing with the State Corporation Commission? EdYes ❑No • Does any other individual,association or corporation occupy or use any part of the premises of any property for which exemption is sought?If so,give all details. 0 Yes ["No • Is any income derived from the use of any portion of the real property b_/ by other individuals or groups,whether considered as rent or reimbursement for necessary expenses for services incurred? ❑Yes tr]No • Has the ABC Board issued a current annual alcohol beverage license for serving alcohol beverages to the organization for use on the property for which tax exemption is sought? ❑Yes QrNo a Is the organization compliant with all city ordinances and regulations? fYes 0 No a Is this organization current on all taxes due to the City of Virginia Beach? E Yes ❑No ,�/ • Is the organization registered with the VA Department of Agriculture and Consumer Services? MYes 0 No I. Please describe the organization's mission. al.SJ .4filf;ir ec i S J ntt� tulmel 44441 tivie rA, S.i� mik i& - e �. (ice» . , as Ea, A- by pre Y s bf ri45. 2. Summarize the organization's activities and accomplishments during the last year. C ,ned c'L C %C& C.0- r + ()CO icts. g,sAt,f, r et&set .-t t r' (v (ace r rnk_ - ak-5_ 3. Describe in detail and specify the locati�� location of all�t and personal pro for which exemption is sought. ✓?mtk t: C(p-S�Sr aCcA-44r- V��.4- i� De•r3 re"A .t -tom- 6.1 @ is"r$ - cL,t1 . t t. ,VA 234 0Z- 4. For what purpose is the real property currently being used? If there are several types of use for a single parcel,indicate such usages by areas of the buildings and floor locations. , edc&ce,tizn fury rfx- etive- w titc6ouL fr4r4tits 5. With regard to personal property,state the purpose for which the property is being used. Is income derived from the use of any such property by individuals,groups or other ise? IlAo,give all details. (}Y1 t• pdo i$ac•iS ce."Aee& Set}r a- 6. Does the organization provide services for the common good of the public?If so,explain in detail and include in your explanation a listing of the services provided,the cost of the services to the recipient and the method of determining cost of the services to the recipient,and any er details you deem pertinent. t ..f_f_o .1 ca. ALA_ v4tJ-0L e.e !? Lit Ybk (D ca; eft-C2`'t�'� .i`'(aL . (Qc M i s_s i h �J t sr' yL��(t ,r1�t el ►Cc.'�l-6A La. tlJ . FTG YLi e V 3c C4uErkrt� Q„� � rAri r�i.eRA.,c,��,,:r �P3` ljur iMlnn Ruti+rrs it3choctk. 7. Explain in detail why the City Council of the City of Virginia Beach should exempt the organization from real and persona a~�s-�ri property taxation in the City ofrV� irginia Beach. ( 4,.. /�i�it s i&s i.3�3�� &s ietye.-{ earuuo." ((etennddtt" pb fi.r�ti 0. Sr^.lr; L ft ?tsf 45 t ,K1La 61tai.5,We.,S{ri V:C f0 c,t c.aee- 041 Off ��!f avl.1 chat4te r1 rye tv,s.. r-il a:(6�i♦itw lorl. o `tt 11 ea". f i v cs�Sa+t�c Qe<. L : i' 6- u-V-t.(�..�� iLLC. +ri"'eAt.Q re°ICUU.Oicerpfian c� f d a tls» &S'to &ieciakt.&ouc, 8. Does the organization-nave any rule,regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex,or national origin? C sot,.,, (i is a j, i 7 i (lf GS' M4 f s 411s.:t Si litljefirN • cr (y t twt - t1tt 9. The NAMES of the OFFICERS/MEMBERS are: NAME TITLE ANNUAL COMPENSATION rttr[An 44) A ' f'teSACIPi _ — L:,RK-\(i. � ,�� 1�;a..ce. /C'Cccics-i � $D -- t t a., alANCtstth_l ivttruViQ-r l flt^ lc CrCea-.lfl g(.1-er Ne.pi t'x°tip r Lt/ t— *If you require additional space,please attach a separate sheet. Please attach the following information: • A copy of the organization's IRS determination letter exempting the organization from federal income tax. • A copy of the organization's most recent audited financial statements(i.e.,current balance sheet and income and expense statement for the organization's last fiscal period), • A complete copy of any federal tax return(typically Form 990 or 990T)filed by the organization for the most recent year.• • • A valid copy of a coin goyernment issued photo ID. By submitting this application, the organization acknowledges that the application and supporting documents will be available for review by City staff the City Council and the public. As provided by Virginia Code §58.1-3651, no exemption shall be provided to any organization that has any rale, regulation,policy or practice that unlawfully discriminates on the basis of religious conviction, race, color,sex or national origin. This form was prepared by J41..,'1 ► I t tk1 whose title with the organization is Signature .,:lg-- q ORGANIZMION: `9 Air-Ni.,-Nit;-5 By: Name Title 47cvs;cl d.'. Telephone 7S7-5,-5IZZ. _ Email 'etc.c ;cceivr sr` �lTlini'�}ts` .o�q Date (tA.liff STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit ZE i&tit F.))Ow+0"-- _ being duly sworn, deposes and says that he/she is the ''f e51 dr.t:,is (title)of the Orv._ Nee At'A SAITrs (legal name of ownership organization)named in the within entitled application;that he/she has read the foregoing information sheet and knows the contents thereof;and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief,and as to those matters he/she believes it to be true. - - (Signature of Officer) Subscribed and sworn to before me this day of Citifibte,fr 240 Nota Public My Commission Expires DI 51\ibin Pisan Pico 2 Reg 0311,72 my coaCarr-rwatt iv-, I. • DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: sae i.�r SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: I YES] NO 1 ( SERVICE _ PROVIDER(use additional sheets if needed) 1 n 0' Accounting and/or preparer of 1 your tax return Financial Services (include t "re,,s-Bt ,.k Er y 0 lendaing/banking institutions and D� current mortgage holders as o"- app jicabie� - Pf D Legal Services 1 c c, l i to 5 C=l s j 0 Ft Broker/Contractor/Engineer/Other Service Providers i -. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application- •2- -f'l-- - I 12i�,� &+^- -lo islipzu APPI-ICANTS SIGNATURE PRINT NAME DATE INTIOnOu. moNatut 682VICR DEMAIT ORT OR TES MAMMY P. 0. 80R 2500 CINCINNATI, OR a5201 •WAY pg Identification Umber: Date: S2-2150659 COR 678P malammume 17053319325027 C/O fiDS,CdTT it s cases Contact Person: DAVID M R88TDea= DOMINIC )[DAYIB 11* 11070 200 SRN= RD 13T$ 30D (7oataat T'e7.ephame Nuaber: VDRGINIA MACS, vA 23452 (177) f29-5500 Accounting Period abases: December 31 Public Charity status: 509(a)(2) Porte 990/990-RZ/990-8 Required: Yee off eve Late of Exemption: July 6, 2016 Contribution Deductibility: Tee Addend=applies: Rb Dear Applicant: We're pleased to tell you we determined you're exempt face fedeal income tax under Zutenal Revenue Code (] C) section 5ulta)(3). seems can deduct oontribot3me they make to you under IRC Section 170. You're also qualified to receive tam AaAnwtin''e bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it far your records. organic-tions exempt under IRC Section 501(c)(3) are further c aaeified as either public Charities or private foundations. We determined you're a public Charity under the IRC Section lifted at the top of this letter. If we indicated at the top of this letter that you're required to file Pore 990/940-RZ/990-1, our records allow you'rre required to file an annual infoaftion•return (Pore 990 or Pore 990-88) 'or electronic notice (Pore 990-8, the e-Postcard). If you don't file d equi+ed return or notice for three consecutive years, your mompt statue will be automatically rev:mid. If we indicated at the top of this letter that an addeedua applies, the enclosed adder is an integral part of this letter. Por important information about your roe oca biiitie:e as a tax-see pt orgenisatim, go to wn.ire.gav/cbaritiee. Rater •4221-PC6 in the search bar to view Publicatice 4221-PC, Compliance Golds for 501(c)(3) Public Charities, which describes your wing, reporting, and disclosure requirements. Letter 947 ,:.*5:11. 1;'?" 0 comilii ,-- . ..; .:, _ . : y 7 ait • Virginia Beach;W 234564002 Philip L iten.ain imrn C tsskth r VBgovc+i*lt5or CORMRAtION/LIMITED LIABILITY CelleANYINirORMATION 1. The NAMR D tt>e CORPORATION/I.LCis: al-54> 111. feirS . 2: The NAMES and HOME ADDS of the DIRBCrORs are: ?i u\ 131b - 18/ti Viltarp -Baal 101 'R..hriN, VA 23YS` iV., t&&::t14 -15.2.5 &l « �►-1 i, 6 1 r:c ti.VA 2 /.L: 3. The NAMES and HOME Aomssirs of the OFFICERS./MEMBERS are: President f*miter: r l . Y&acrr<siderrt[Herber: ./ Z Sc - : -' - Treasurer/fiber. 4. The Corporation's Bak GS1F,ttEDi-ACF T;atid OFFICE ADDRESS is: Nola t+ 4 - :2CC,'?c.ec: t-k c 4 VAS /dr jl). I/L r cxh, 1!4 .S Z OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Pink Ride,Inc Website: https://www.thepinkride.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY With your help,The Pink Ride provides financial gifts to those battling Breast Cancer in our LOCAL community.The Pink Ride supports those in need by providing assistance with medical bills, household or other expenses,creating hope for a brighter tomorrow! We thrive on supporting EARLY BREAST CANCER DETECTION! TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $16,720.00 'Fax Due: $668.80 RELEVANT INFORMATION IRS Granted 501 (c)3 status-- June 30, 2016 808192 .4-A...if zat...... . ..;t',''''. . :f 1 \11 1.--3c,...—i;,��ti� ..A. ; its '-%. •1vw r APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION Lile 2,‘fi)le f 616 -0-61 3C -/ • -- __-_ ((AApplicant ►ame-Corporation)/3 ( deral,Ta�x ID#) ye - 11.4) —.5/Ai ailing/4 Address) (Business Address) li /lam �- . <i z (Cit State an Zip Code) (City,State and Zip Code) ~ file (is7 -33F 3/. (Trade Name-DBA) (Telephone) I Li 4 ,,,, 0 3a-elh t';..111.Z. (i4,-/ (Facsimile) (Email Address) Please indicate if this is ew application r Renewal application c Has this organization • ..usly been exempted by the General Assembly or a local government body in Virginia? r Yes 4. No a Is this organization exempt from federal income tax pursuant to IRS 501(c)? es r No a Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? Vcees ( No If so,is it currently in good standing with the State Corporation Commission? r Yes r No ✓ Does any other individual,association or corporation occupy or y part of the premises of any property for which exemption is sought?if so,give all details. r Yes No a is any income derived from the use of any portion of the real property by other individuals or ups,whether considered as rent or reimbursement for nes-A-sctry expenses for services incurred? r Yes No • Has the ABC Board issued a current annual alcohol beverage license for serving alcohol beverages to the organization for use on the property for which tax exemption is sought? r Yes YNo • Is the organization compliant with all city ordinances and regulations? Yes r No • Is the organization registered with the Virginia Department of Agriculture and Consumer Services r Yes No 2. Summarize the organization's activities and accomplishments during the last year. .gipp p 04.E./ (-.4 -' n y,r'� ,get-Cord/ c.�..�, - e /4 Ar/hyl0 Yf,ctso f• Irma ..Yl"e-f 3. Describe in detail and specify the location of all real and personal property for which exemption is sought. yt�t s*v� Ui') ,)S.-rt.:" ate• �•-� s�.,,:� /j(c U.' .�` 0�� , �., a 1,�,y1 0,)4444 Sro.-MA /f v- icki*/'s v,yo A--e: yit ae---i a'3 it-y, 4. For what purpose is the real property currently being used? if there are several types of use for a single parcel,indicate such usages by areas of the buildings and floor locations. l/t.er. f)/4-1 ';'‘'r / �/' ee 5. With regard to personal property,state the purpose for which the property is being used. Is income derived from the use of any such property by individuals,groups or otherwi ? If so,give all details. 6. Does the organization provide services for the common good of the public?If so,explain in detail and include in your explanation a listing of the services provided,the cost of the services to the recipient and the method of determining cost of the services to the rec. Tent,and ny other details you deem pertinent. Y.ZJ 64,/(C�f 11 /- P 7. Explain in detail why the City Council of the City of Virginia Beach shy Id exempt the organization from real and personal property taxation in the City of Virginia Beach. —7 g ,- ,J,-. �� L,c �rd- /-, ,.c, &/.4 (3 f 6:41'44"/-- 8. Does the organization have any rule,regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex,or national originy s 9 The NAMES of the OFFICERS/MEMBERS are: VAME �( TITLE A NA'UAL C'U61PF.NS 1710.V its.!! �:A7W✓f�i T �tf� w� 7 i /t i 4:7-..01.4/e,c,. 1Z 21.19-17.4/ 0 I"f.l ike -'ram • .. — 0 *If you require additional space,please attach a separate sheet. Please attach the following information: 2 • A copy of the organization's IRS determination letter exempting the organization from federal income tax. • A copy of the organization's most recent audited financial statements(i.e.,current balance sheet and income and expense statement for the organization's last fiscal period), • A complete copy of any federal tax return(typically Form 990 or 9901)filed by the organization for the most recent year. • A valid copy of a current government issued photo ID. By submitting this application,the organization acknowledges that the application and supporting documents will be available for review by City staff,the City Council and the public. As provided by Virginia Code§58.1-3651,no exemption shall be provided to any organization that has any role, regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,se:or national origin. / This foot was preps e7d �• - , whose tide with the organization is Sirp5t e:r ORGANIZATION: /e By: Name Title Telephone_ Email Date STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: being duly sworn, deposes and says that he/she is the (title)of the._ _ _ (legal name of ownership organization)named in the within entitled application;that he/she has read the foregoing information sheet and knows the contents thereof;and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief,and as to those matters he/she believes it to be true. 3 DISCLOSURE STATEMENT FORK The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICA1°T DISCLOSURE Organization name: L SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: jysI] NOj SERVICE 1 i PROVIDER tree additional sheets If needy) T Accounting and/or preparer of 2 P your tax return td At ^# Financial Services (include n lending/banking institutions and current mortgage holders as / "k, applicable) j 4" n Legal Services Broker/Contractor/Engineer/Other ` Service Providers CERTIFICATION: €!I certify that all of the information contained in this Disclosure Statement Form is F!complete,true, and accurate. I understand I am responsible for updating the information provided herein if it ,l chan es prior t e ouncil action upon this Application. L,„,„ /7 0(i° . APPLIC T' SIGNATURE "PRINTINAME DATE — INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. iO_ SOX 2508 CI CINNATI, OH 45201 1 Employer Identification Number: Date: � U iE 3 � �� 80-0693021 il� DLN: 17053131409006 THE PINK RIDE INC Contact Person: PO BOX 15665 RAMACRANDRAN MANOHAR ID* 31344 VA 23328 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b) (1) (A) (vi) Form 9901990-E2/990-N Required: 1 Yes Effective Date of Exemption: May 15, 2014 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c) (3) . Donors can deduct coitributions they make to you under IRC Section 170. You're also qualified tolreceive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c) (3) are further classified as either public charities or private foundations. We determined you're a public chirity under the IRC Section listed at the top of this letter. Based on the information you submitted with your application, we approved your request for reinstatement under Revenue Procedure 2014-11. Your effective date oflexemption, as listed at the top of this letter," is retroactive to your date ofIrevocation. i Iflwe indicated at the top of this letter that you're required to file Form 998/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard) . If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. Iflllwe indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Fot important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar Letter 947 .: (.„,.. ., • #:, • i. 0;i :j.,y-`-:1:•i;‘, f: ! ', : ;"L. • i . t City tiall th.t.te, Virginia Renck VA 2.1456-4002 moo; ver.tot Cutronifejoner Vega.r no)law- CORIVLAT,074/MOM LIABILOY COMPAVYINKOMAtiON 1. The AMR of iltscORPORAMON I LLC is: ISE 1#1 Zik! 4 2. The NAMES and HOME ADDRESSES otthç DIRECTORS arc: -,,, 0e0XCX,.. ds,,,,4, 6-71 ---"- 40Er.."--,...) ,-5-c6 . e-.14-7-e....),) I 3. The NAMES and HOME ADDRESSES ate OFFICERS/MEMBERS am: Prt/Member: 1144 /4. . e.f4us,::(4, /el F 144 Li I i ats`rcw 1 Vice Prriderit/ 4"-Member i", '?"."'c' we P 4/i 1 1 i ele' 'PA-- %ex.('. A 4 4,,etirir inpl' t bfesriber: /1 APS A 10/ 4. Aiscr , ,:„. .. 51-7 Treasureil /Member:: /? ol-- ,:ie- At. hike!. , /1:1-..#12- I 4. Tice corporation's REGISTERED AGENT and OFFICE ADDRESS is / ..--.)1 7 4 Ceaporatiati kilforinstie)a Rev 67.102015 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Trails of Purpose Website: https://trailsofpurpose.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Trails of Purpose is a 501c3 established in 2019. Our Mission is to support veterans in their fight to overcome the negative effects of trauma,transition,and trials that result from their service in the military.We do this through the use of equine assisted therapies and nature-based approaches. We are working to restore wellness to our veterans through community and equine assisted therapies. We are passionate about creating a safe environment in which relationships with both humans and horses can thrive in.We believe in natures ability to heal.We see the imperative need to assist in reigniting purpose in the lives of veterans. In addition,we also believe in the healing capabilities of equine partnerships. Horses,as prey animals,have mastered the skill of listening and sensing over the previous centuries.They are highly sensitive and incredibly honest.They cause their human partners to be open to trust and willing to work.Our program utilizes Equine Assisted Therapies to grow the bond between horses and humans alike. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessment: $2,325.20 Tax: $93.01 RELEVANT INFORMATION IRS Granted 501 (c) 3 status -April 5.2019 80 820 5 • k-40, art ,17 • APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION rfaiIS oc Purpose 93 -- 38E33oz Applicant Nam Corporation) (Federal Tax ID#) P. D. fry (il!'3 Utz , (Mailing Address) (Business Add zpc t UA 233Z3 ;r - 4 235/S7o (City,State and Zip Code) (City,State and Zip Code) i4/A- Ts* - ass (Trade Name•DBA) (Telephone) Facsimile) (Email Address Please indicate if this is New application ❑ Renewal application • Has this organization previously been exempted by the General Assembly or a local government body in Virginia? ❑Yes PONo • Is this organization exempt from federal income tax pursuant to IRS 501(c)? Yes ❑No • Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? XYes ❑No If so,is it currently in good standing with the State Corporation Commission? 1~Yes 0 No • Does any other individual,association or corporation occupy or use any Lp-art of the premises of any property for which exemption is sought?If so,give all details. Yes ❑No 1 a- Grace.'F 441- • Is any income derived from the use of any portion of the real property by other individuals or groups,whether considered as rent or reimbursement for necessary expenses for services incurred? ❑Yes $No • Has the ABC Board issued a current annual alcohol beverage license for serving alcohol beverages to the organization for use on the property for which tax exemption is sought? ❑Yes IX No • Is the organization compliant with all city ordinances and regulations? 1Y1Yes ❑No • Is this organization current on all taxes due to the City of Virginia Beach? Yes El No • Is the organization registered with the VA Department of Agriculture and Consumer Services? Yes 0 No 1. Please describe the organization's mission. 70 5apporf VeleraAs agie ic.h-.4/ra r'h Ste - h ova-ay/it W.e il[g4fj't!� ef{ec s oF rs4A)"r - �s 41104- qua,& frvoi c/wr Serv,2e -fie. Mrs y, 2. Sumjnarize the organization's activities and accomplishments during the last year. Pr ed ;1ddv,drta f#30--p e ` ass; eci pS�reho4trrze y e�p'ychc. ,C i't-rst,/ C .sea tlei-erivts and f44 --rezot tj/ Uenl Hers, 3. Describe in detail and�s specify the location f ail real and personal property for which exemption is so ght. A{!PerSonet( Pry `ry ,`S Sfertd c>�f /Oca fi'bat ik o i $. Z'f�•-�s exemption 4reses, c„pters 2 beffiry po,frensi moirf ope (u► rti ; pop ap 7/e ar; 4td7 eiw rs. 4. For what purpose is the real property currently being used? If there are several types of use for a single parcel,indicate such usages by areas of the buildings and floor locations. ! perrper l IS !L177: -For Seay.ces f istaf aL v . rk tfest Zietild e},e* St pperJ- 5. With regard to personal property,state the purpose for which the property is being used. Is income derived from the use of any such property by individuals,groups or otherwise? If so,give all details. / n Etter �y I'S cc$ece D pfVttrtk 5BfViZ#S' /ram ed ,k %•kM 2- A ' ,Lice CkPitit:4 from_ ,lz 6. Does the organization provide services for the common good of the public?if so,explain in detail and include in your explanation a listing of the services provided,the cost of the services to the recipient and the method of determining cost of the services to the recipient,and anyother details you deem pertinent. 'gar on.0 t privaes i( lfeA th � � icy ,bi.alet SerWres , /ccel ,04,ers. / i+ 'se litZes arc / 4".‘E eh rre�ti 4pT 7. Explain in detail whmt.the City Council of the City of Virginia Beach should exempt the organization from real and personal property taxation in the City of Virginia Be4h. y ' Lucprehat a tit I i' - (o a( Awl t f °" -,4- -th. i� 'Q and-atoti(Its ex. Jac�s,Y�vc isi-or er: 7-4`s 4 €€c mekibei w°o 4e' S` .!e 8. Does the organization have any rule,regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex,or national origin? r•t0 9. The NAMES of the OFFICERS/MEMBERS are: NAME � TITLE ANNUAL COMPENSATION ka k rtfs'Iv/o - - --- .�-2,lrpa ye. sfiivc 'T/�ea3us�er elSct� C446#r-3 S --- 2e �n lhctcasK ! avoid ? 6e.r- *If you require additional space,please attach a separate sheet. Please attach the following information: 2 • A copy of the organization's IRS determination letter exempting the organization from federal income tax. • A copy of the organization's most recent audited financial statements(i.e.,current balance sheet and income and expense statement for the organization's last fiscal period), • A complete copy of any federal tax return(typically Form 990 or 990T)filed by the organization for the most recent year. • A valid copy of a current government issued photo ID. By submitting this application, the organization acknowledges that the application and supporting documents will be available for review by City staff, the City Council and the public. As provided by Virginia Code §58.1-3651,no exemption shall be provided to any organization that has any rule, regulation,policy or practice that unlawfully discriminates on the basis of religious conviction,race,color,sex or national origin. �J This form was prepared by Kay/a- Arts±/1VD , whose title with the organization is Ey-eccc-ttve. D;ret' Signature: : • 1 ORGANIZATIO : Trot:i5 Par fox. . By: Name kelyict AfeSfittco Title &teaf k.J r cfvr Telephone • - (5SS 55-6c Email:11.4yhx_ettliSof purpose. r E�YYI Date 5er+. 2,2 f Zs2o STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: Kayla Are5fivo being duly sworn, deposes and says that he/she is the LXe-Caf; biNcec-r (title)of the Trr.;14 .-1 t 1)o5�. (legal name of ownership organization)named in the within entitled application;that he/she has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief,and as to those matters he/she believes it to be true. 3 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: °Rads o£ Parpose SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE f PROVIDER (use additional sheets If _- needed) ( Accounting and/or preparer of your l Tc�gc your tax return /Zesoiielibri Financial Services (include rig n lending/banking institutions and ""Y rCGltret � ttekibn current mortgage holders as applicable) - C 0:1 Legal Services i Broker/Contractor/Engineer/Other Service Providers � I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. _1 //le/DV A S SIGNATURE I PRIN NAME DATE INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 APR 0 5 2019 Employer Identification Number: Date: 83-3883024 DLN: 26053470002359 TRAILS OF PURPOSE Contact Person: 3512 KENTUCKY TRAIL CUSTOMER SERVICE ID# 31954 CHESAPEAKE, VA 23323-0000 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 509(a) (2) Form 990/9-90-.EZ/990-N Required: Yes Effective Date of Exemption: March 2, 2019 Contribution Deductibility: Yes • Addendum Applies: No Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c) (3) . Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c) (3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/99D0-EZ/99t-N, our records' show you're required to file -an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard) . If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 947 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-109 City Code re temporary pay adjustments 2. Ordinance to GRANT a Non-Exclusive Franchise Agreement to SimIS Holdings, LLC re install, operate, and maintain network facilities for telecommunication services in the public streets and rights-of-way 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Ground Lease for approximately 420 square feet right-of-way known as Atlantic Avenue re placement of the Oceanside Marriott Hotel Monument Sign 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Southern Boulevard,the adjacent City property formerly known as the Norfolk Southern Rail Line,and a 30-foot City utility easement, at 4920 Southern Boulevard re maintain existing 72-inch chain-link fence, chain-link gates, concrete barriers, a gravel area, and two (2) metal tanks 5. Resolution to ESTABLISH a May 31'Memorial Committee, AUTHORIZE the City Manager to solicit proposals for two (2) third-party consultants, and TRANSFER$115,000 from the General Fund Reserve for Contingencies to FY2020-21 Cultural Affairs Operating Budget re establish and dedicate a permanent memorial 6. Ordinance to ESTABLISH the Resort Management Office, APPROPRIATE $1,176,505 of Tourism Investment Program (TIP) Fund Balance, TRANSFER$361,287 and nine(9) FTEs within FY2020-21 Department Operating Budgets, and AUTHORIZE six (6) FTEs re facilitate initiatives at the Resort Area and coordinate City Code enforcement 7. Ordinance to TRANSFER $200,000 from the General Fund Reserve for Contingencies to FY2020-21 Human Resources Operating Budget re hire a consultant to conduct a market salary survey 8. Resolution to REPLACE the 2006 Resolution re market salary survey guidance 9. Ordinance to ESTABLISH CIP #100557, "Flood Mitigation Assistance Grant Program IV", and ACCEPT and APPROPRIATE $803,061 from Virginia Department of Emergency Management to CIP #100557 re flood mitigation measures at qualifying residential properties 10. Ordinance to APPROPRIATE $300,000 from the Fund Balance of the General Fund re provide special event fee offsets during pandemic public health measures 11. Resolution to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County,North Carolina o ,, CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Amend Section 2-109 of the City Code Pertaining to Changes in Pay Generally MEETING DATE: December 1, 2020 • Background: Section 2-109 of the Code of the City of Virginia Beach provides the City Manager authority to grant permanent administrative increases, upon submission of a letter of justification by the respective department head to the Director of Human Resources. There is currently a need to also allow for temporary pay adjustments, but temporary adjustments are not permitted or contemplated in the current Code section. • Considerations: The City Manager would like discretion to make temporary pay adjustments to reflect a temporary role, project, or program assigned to an employee. • Recommendation: Approval of ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources pi,\QCity Manager: 1 AN ORDINANCE TO AMEND SECTION 2-109 2 OF THE CITY CODE PERTAINING TO 3 CHANGES IN PAY GENERALLY 4 5 SECTION AMENDED: § 2-109 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-109 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-109. - Changes in pay generally. 14 15 (a) Administrative increase. An administrative increase shall be defined as an increase 16 within a class that is awarded to an employee based on criteria established by 17 administrative directive. Employees may be recommended for an administrative 18 increase upon submission of a letter of justification by the respective department head 19 to the director of human resources, subject to the approval of the city manager. An 20 administrative increase does not affect the employee's merit date. A temporary 21 administrative increase may be granted to a City employee by the City Manager, at 22 his/her sole discretion, when the City Manager has assigned the employee a 23 temporary new role; temporary oversight responsibilities for a program, department 24 or office; or due to a temporary reorganization. 25 (b) Merit increase. A merit increase shall be defined as a salary increase within the pay 26 range of the class to which the employee is assigned that is awarded based on job 27 performance in accordance with the city's performance appraisal program. A formal 28 performance appraisal shall be conducted for each employee on the employee's 29 respective merit date and each succeeding merit date thereafter. Merit increases shall 30 become effective on the employee's merit date as provided in section 2-116 and shall 31 only be awarded to full-time permanent employees. Merit increases shall be prorated 32 if a promotion, career progression, or a change in job duties occurs prior to the merit 33 date. The amount of the merit increase shall be prorated based on the length of time 34 assigned to the classification during the appraisal period. 35 (c) Administrative decrease. An administrative decrease shall be defined as a salary 36 reduction within a class as disciplinary action resulting from unsatisfactory job 37 performance or misconduct as defined by the applicable administrative directive. An 38 administrative decrease may be recommended at any time and requires a letter of 39 justification submitted by the appropriate department head. This action is subject to 40 approval by the director of human resources and the city manager. Merit dates are 41 not affected by an administrative decrease. The effective date of all administrative 42 decreases will be the first day of the pay period. 43 (d) Market adjustment. A market adjustment shall be defined as a percentage increase 44 to pay ranges on the city's compensation plans that may be provided to employees 45 whose job classification is assigned to an affected pay range. A market adjustment 46 shall be recommended by the city manager and approved by the city council. Market 47 adjustments are not dependent on an employee's individual performance within a job 48 class. 49 (e) Shift differential. A shift differential shall be authorized whenever an employee 50 compensated in a classification which is not designated by the director of human 51 resources to require shift work is permanently assigned to work a shift which 52 commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such employee shall 53 receive the equivalent of a five (5) percent increase in his or her normal salary rate 54 for all hours worked during such time period only. Employees assigned to regularly 55 scheduled rotating shift as designated by the director of human resources and the 56 city manager, and employees designated by the director of human resources as 57 "exempt" under the Fair Labor Standards Act, work shall be ineligible under the 58 provisions of this subsection. 59 (f) [Bonuses.]The city manager is authorized to establish bonus programs to address a 60 variety of needs, including recruitment, retention, and performance. Bonuses may be 61 provided to employees in accordance with applicable administrative directives and 62 guidelines. A "bonus" shall be defined as a lump-sum payment to an employee that 63 is not part of the base salary. 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: :}24...zzrf Human Resources City torney's Office CA15247 R-3 November 17, 2020 / 1 zz,:: CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Operate and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights-of-Way to SimIS Holdings, LLC PUBLIC HEARING: November 17, 2020 MEETING DATE: December 1, 2020 ■ Background: SimIS Holdings, LLC, a Virginia limited liability company ("SimIS"), builds and operates fiber networks and related communication services. SimIS desires to enter into a nonexclusive franchise agreement (the "Franchise") with the City of Virginia Beach (the "City") for the use of the City's public streets and rights-of-way. The Franchise would allow SimIS to install, operate and maintain a fiber optic cable for the purpose of connecting to its data center/cable landing station at Corporate Landing Business Park. SimIS is simultaneously seeking to purchase property from the Virginia Beach Development Authority at Corporate Landing Business Park located at1632 Corporate Landing Parkway. • Considerations: The term of the Franchise would be twenty (20) years. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the Ordinance. is Public Information: Solicitation for bids was advertised on November 1, 2020 and on November 8, 2020, as required by Virginia Code §15.2-2101. The public hearing was advertised on November 8, 2020, as required by Virginia Code §15.2-1800. The bid opening and public hearing are scheduled for November 17, 2020. The vote will be scheduled for December 1, 2020 and will be advertised via the normal City Council agenda process. • Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption of Ordinance Submitting Department: Information Technology. City Manager: 0 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, OPERATE AND 3 MAINTAIN NETWORK FACILITIES FOR 4 TELECOMMUNICATION SERVICES IN THE 5 CITY'S PUBLIC STREETS AND RIGHTS-OF- 6 WAY TO SIMIS HOLDINGS, LLC (SIMIS) 7 8 WHEREAS, SimIS Holdings, LLC, a Virginia limited liability company 9 ("SimIS"), builds and operates fiber networks and related communication 10 services; 11 12 WHEREAS, SimIS desires to enter into a nonexclusive franchise 13 agreement (the "Franchise") with the City of Virginia Beach (the "City") to use 14 and occupy the City's public streets and rights-of-way; 15 16 WHEREAS, the Franchise would allow Sim1S to install, operate and 17 maintain a fiber optic cable for the purpose of connecting to a data center/ 18 cable landing center in Corporate Landing; 19 20 WHEREAS, SimIS is simultaneously seeking to purchase property from 21 Virginia Beach Development Authority at Corporate Landing Business Park 22 known as 1632 Corporate Landing Parkway; and 23 24 WHEREAS, City staff supports allowing SimIS to use the City's public 25 streets and rights-of-way for the aforesaid purposes, subject to the terms and 26 conditions set forth in the summary of terms attached hereto as Exhibit A, and 27 made a part hereof(the "Summary of Terms"). 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby authorizes the City Manager to execute the 33 Franchise with SimIS for 20 years, in accordance with the Summary of Terms 34 attached hereto as Exhibit A, and made a part hereof, and such other terms, 35 conditions or modifications, as may be acceptable to the City Manager and in a 36 form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPI OV D AS TO CONTENT: APPROVED AS TO LEG L C� SUFFICIEN � INFO Rip TECHNOLOGY CITY ATTOR CA 15189 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d001\p032\00671732.docx R-1 November 5, 2020 EXHIBIT A SUMMARY OF TERMS Franchisor: City of Virginia Beach (the "City") Franchisee: SimIS Holdings, LLC, a Virginia limited liability company ("SimIS") Term: 20 years Location: SimIS may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: SimIS shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the franchise, SimIS must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: SimIS shall be required to return the public streets and rights- of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of$5 Million. Surety Requirements: $25,000 letter of credit and $50,000 surety bond Indemnity: SimIS shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. Nondiscrimination: The franchise agreement shall include the City's standard provisions, including good faith minority business efforts required by City Code. Disclosure Statement City of Virginia Beach Planning &Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name l MIS 1-b L Q !AJ G S G•1. C Does the applicant have a representative? ❑ Yes '(No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? t Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) b R To LIrNN / G► ThQeiA , i► t ciiO1JG Afk AttC (r,jIStiN‘AN , MARC RoseNBc:RC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) SiiiS [AOC , P t iiht 1 lerR 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. 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§2.2-3101. 1Ii= . _ , Disclosure Statement 1/I3 tau y qr Virginia Becull -A iM ._ Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes cgr No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 'No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ‘ye No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes X No • if yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes KNO • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes XNo • If yes,identify the purchaser and purchaser's service providers. 2i Disclosure Statement -_•-.. : Cityui Virginia Reath Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?X Yes ❑ No • If yes,identify the engineer/surveyor/agent. E PRrrsc TtCHNoLOGICs` Ztitc 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? `h Yes ❑ No • If yes, identify the name of the attorney or firm providing legal services. kr} c C . G}1 glc r cc Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bo. • c mmittee in connection with this application. Applica ature D1k: a) Of'1NNey GARLIP 1 Tike'S' iDGti Print Name and Title /&/ 2' 2,./ 1 1-f� Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No A)/ "//1 • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name 31 ' , , icyt /j7 ..i., i> ,.. ,... ..„ e,i‘,..,,,,..„.„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Ground Lease for Approximately 420 Sq. Ft. of City Right-of-Way Known as Atlantic Avenue for the Placement of the Oceanside Marriott Hotel Monument Sign PUBLIC HEARING DATE: November 17, 2020 MEETING DATE: December 1 , 2020 • Background: Oceanfront Investment, LLC, a Virginia limited liability company (the "Developer") is constructing a hotel near the intersection of Atlantic and Pacific Avenues, south of 42nd Street (the "Oceanside Marriott"). The Oceanside Marriott is part of a larger development undertaken by the Developer and its affiliates at the historic Cavalier Hotel. As part of the development of the historic Cavalier Hotel and the Oceanside Marriott, Atlantic Avenue is being reconfigured to end in a cul-de-sac north of 40th Street. The remaining portion of the Atlantic Avenue right-of-way located north of the new cul-de- sac will now only be utilized as a park, pedestrian path and extended entrance way to the Oceanside Marriott (the "Park Area") with no vehicular traffic through to Pacific Avenue. The Developer and the City have entered into an encroachment agreement for the purpose of installing pavers, landscaping and lighting within the Park Area. The Developer desires to install a monument sign (the "Monument Sign") near the entrance way to the Oceanside Marriot as more specifically shown on Exhibit A attached to the Ordinance. To conform to the City's ordinances, the Developer proposes to lease from the City approximately 420 sq. ft. surrounding the Monument Sign and extending east to the property line of the Oceanside Marriott (the "Premises"). The Premises is to be improved by Developer pursuant to site plans approved by the City. The location of the Monument Sign will not interfere with vehicular traffic along Atlantic Avenue, Pacific Avenue or any other right-of-way. • Considerations: The lease would be for a period not to exceed five years, with an annual lease payment of $1 .00. The City would have the right to terminate the lease with 60 days' notice to the Developer. The terms and conditions of the lease are set forth in the Summary of Terns attached to the Ordinance as Exhibit B. • Public Information: A public hearing will be advertised on November 8, 2020 in The Virginian-Pilot. The public hearing will be held on November 17, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the lease, change conditions of the lease, or deny leasing the Premises. • Recommendations: Approval • Attachments: Ordinance Location Map (Exhibit A) Summary of Terms (Exhibit B) Disclosure Statement Form Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works / Facilities Management City Manager: I ;h 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A GROUND LEASE 3 FOR APPROXIMATELY 420 SQ. FT. OF CITY 4 RIGHT-OF-WAY KNOWN AS ATLANTIC AVENUE 5 FOR THE PLACEMENT OF THE OCEANSIDE 6 MARRIOTT HOTEL MONUMENT SIGN 7 8 WHEREAS, Oceanfront Investment, LLC, a Virginia limited liability company (the 9 "Developer") is constructing a hotel near the intersection of Atlantic and Pacific 10 Avenues, south of 42nd Street (the "Oceanside Marriott"); 11 12 WHEREAS, the Atlantic Avenue right-of-way is being reconfigured to end in a 13 cul-de-sac north of 40th Street and will no longer intersect with Pacific Avenue; 14 15 WHEREAS, the portion of the Atlantic Avenue right-of-way located north of the 16 new cul-de-sac will now only be utilized as a park, pedestrian path and an extended 17 entrance way to the Oceanside Marriott (the "Park Area"); 18 19 WHEREAS, the remaining portion of the Atlantic Avenue right-of-way located 20 north of the new cul-de-sac that previously intersected with Pacific Avenue will now only 21 be utilized as a park, pedestrian path and extended entrance way to the Oceanside 22 Marriott (the "Park Area"); 23 24 WHEREAS, the Developer and the City have entered into an encroachment 25 agreement for the purpose of installing pavers, landscaping and lighting within the Park 26 Area; 27 28 WHEREAS, the Developer desires to install a monument sign (the "Monument 29 Sign") near the extended entrance way to the Oceanside Marriot as more specifically 30 shown on the location map attached hereto as Exhibit A; 31 32 WHEREAS, the Developer initially applied for an encroachment; however, in 33 order to comply with the City's ordinances, the Developer would need to enter into a 34 lease agreement with the City for approximately 420 sq. ft. of land surrounding the 35 Monument Sign and extending east to the property line of the Oceanside Marriott (the 36 "Premises"); and 37 38 WHEREAS, City staff supports leasing the Premises to the Developer on the 39 terms and conditions set forth in the Summary of Terms attached hereto as Exhibit B. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That the City Manager, or his authorized designee, is hereby authorized to 45 execute a lease between the Developer and the City for a term not to exceed five (5) 46 years, in accordance with the Summary of Terms attached hereto as Exhibit B and 47 made a part hereof, and such other terms, conditions and modification as may be 48 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY> Public Works/ Facilities Management City Attorney CA14874 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d004\p03 5\00680397.doc R-1 November 6, 2020 i:a I IN 17°40'15'W 101.04' I I it "' .•. vi- 1 SUBDIVISION OF ct PARCEL 1 Wisv .`. ` ' PROPERTY OF m N I .+ OCEANFRONT N 4 Q m cd o ., y \ INVESTMENTS, LLC co $ 49 \ (IN. 200507210112271) it7 3 w ^O '. 1: V �� (I.N. 20161216001140890) I n N �p •.. Ak.\ RLfu TO EXISTING ENCROACHMENT Q • N "— �; o s�� AGREEMENT (I.N. 20200526000442300) ;! \h FOR PROPOSED CURBING, PAVERS, STONE Q Al ;� {} ,. , BANDING, UGHi1NG, LANDSCAPING,tall ic h `• ii ii i' IRRIGATION, AND PRIVATE WATER UNES Q ,� N7621'13"E ,� i, m m ` • ;. �i i 79.41' i� R=255.00'�1 • .:. •' '' 6.4' ,_..l . . =06°15' •p •'•• 'i ' 1 A=27.88' ,.i •I w N 13°38'47'w;'.1: ' I �7'e' \ R=255.00' • 5.00 •:• ,: J I Prir A=25°59'39° i' iia �►� A=115.69' • ' L 3.6' 1 5.0' 1, \ « % ,' '. R=255.00' � ' ;.•. �' S 76°21'13"W : A=02°18'09" R=255.00' ' \ I •. 88.35' i' A=10.25' • A=17°25'36' 1.- i.r•. �' A=77.56 PROPOSED F REE STANDING' I ��-- NUM£NT SIGN (8' TALL x , 53.9' AREA OF ��. N �6° 1 LONG x 1.5' W/D£} LEASED �m��m -c4 1 \ G* 1 , AREA `�"='_f� .1 I G \ ea I - (420 SQ.FT.) 7�\ 1' 1+ .0 NeP - vs..._ T, 01Py r:A irmii.,: , r �6 �� _:•.•.. �' :,, '; ,_ `-gyp ■ _N 510•E R=153.50\ \moo t, /RIC NER►-+ LL I 3 9.79' A=50'40'14• N ...,, . LiC. 2904 O _ A=149.15' �� l 11/p�020 * L aQ - -.(1) C % OF VIRGINIA BEACH 0 _ \ . -, F t .� p Z.,- PARCEL A-1 1 sti1�� / 'c) I z- N.216 '72101112273) cAPHIC '�lt•_ 'IN: 2 18-95-5753 SCALE 1'-25' LEASED PREMISES EXHIBIT OCEANFRONT INVESTMENTS, LLC -_-_-_-.-_ = . A 1 EXHIBIT A Landscape Architecture Land Surveying date: 11/02/2020 t fb/pg.: 997/38-47, 1001/1-2 proj. no.: 214-0001 Civil Engineering laite.com 757.431.1041 2�Mw161G1 SE a i1iMA BM IS 23452file: 217-0074_Encr(Sign).dwg' plat ref.: C-149 CAD/chk: eag/eag EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Oceanfront Investments, LLC (the "Developer") PREMISES: Approximately 420 sq. ft. of right-of-way, located near the intersection of Atlantic and Pacific Avenues, adjacent to the Oceanside Marriott Hotel at 4201 Atlantic Avenue TERM: Five (5) years RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF DEVELOPER: • Use the Premises for the installation and maintenance of a monument sign, and associated or incidental structure, appropriate lighting, and landscaping (the "Improvements"), and for no other purpose. • Be responsible, at no cost to the City, to make or pay for any changes, alternation, additions or improvements to the Premises and Improvements. • Repair or replace any damage to or destruction of the Improvements, or remove the Improvements from the Premises, at its sole cost and expense. • Obtain all applicable governmental approvals and/or permits required for the Improvements. • Purchase and maintain public liability insurance acceptable to City in the amount of $1,000,000 combined single limits. • Indemnify the City, its agents, employees or assigns, against any and all claims, liabilities, damage, and losses occurring on or about the Premises. • Pay all personal property and leasehold taxes, if applicable. • Return the Premises to its original conditions, at its sole cost and expense, at the request of the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City reserves the right to grant easements and rights-of-way across or upon the Premises, for, drainage, utilities, telephone transmission lines, pipelines, and similar purposes. • Maintain the right to enter upon and inspect the Premises at any time. TERMINATION: • City may terminate the Lease with sixty (60) days' advance written notice in the event the Premises is needed for any public purpose. Developer may terminate the Lease at any time with thirty (30) days' written notice. ,..J B, Virginia Beach Oceanfront Investments, LLC 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 Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning A• •eats _ Certificate of Fioodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) 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. T. 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 appecation(s1• 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF — DATE ® REVISIONS SUBMITTED DATE 11/6/20 V6if {W.; Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 10 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization_.r'�,,,^, ��L (A) List the Applicant's name:— "'lr III (� ni'Vf7) LLL 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 DISCLOSURE Complete Section 2 one ff_property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. El 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: ©" xf IVIV4S"114"ivi 'jj 1-44 If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) OettAbLet ; INC 1,. 1 (MA OV1 JaAeS W . �'dy ,}oko l��tn15Qy1 Geo✓zi� Nit 'eVK p ,. golimotto. N. ) Jr (B) List the businesses that have a parent-subsidiary 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 (ill) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 § 2.2-31 01. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subiect of the apnlicatiort 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 7/1 I1/4B APPLICANT Virginia Beach YES NO SERVICE I PROVIDER(use addkronal sheets If needed) ® Accounting and/or preparer of your tax return Architect/Landscape Architect/ INFL t/iVi 16vttir►ee-in Land Planner ED5P% l,ao#C5aaee Avehrleduve D Contract Purchaser(if other than the Annlicant)-identify purchaser and purchaser's service providers Any other pending or proposed El 21 purchaser of the subject property I� (identify purchaser(s)and • purchaser's service providers) ��/ Construction Contractors W.h. J&YM1, CO. I►w, Engineers/Surveyors/Agents WFv (Avit 11ft•Gra'1'v) Financing(include current CI I. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services 7roufman Pe Yt p r gi Real Estate Brokers/ ///4,/20 CI a 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 ❑ 54 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 riid � 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 ti II scheduled for public hearing, I am responsible for updating the information It provided herein two weeks prior to the Planning Commission, Council, VEDA 'meeting, or meeting of any public body or committee in connection with this Application. A ( IQ !ZIo t4vva✓b( 11.411 APPUCANT'S S_GNATURE PRINT NAME DATE 0111 Page 5 of 7 re..-,.., --,* 44 J ,tifJ,- v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of an Existing City Right-of-Way Known as Southern Boulevard, the Adjacent City Property Formerly Known as the Norfolk Southern Rail Line (GPIN 1467-13- 1924), and an Existing 30' City Utility Easement, Which are All Part of the Development at 4920 Southern Boulevard MEETING DATE: December 1, 2020 • Background: PAPCO, Inc., doing business as World Fuel Services (the "Applicant") has requested permission to maintain an existing 72" chain-link fence, chain-link gates, concrete barriers, a gravel area and two metal tanks within the existing City's right-of-way known as Southern Boulevard, a 30' City utility easement, and the adjacent City property formerly known as the Norfolk Southern Rail Line (collectively, the "Encroachments"), which Encroachments are all part of the development located at 4920 Southern Boulevard. The Encroachments have existed on the City property for more than 10 years. • Considerations: City Staff has reviewed the requested Encroachments. Parks and Recreation raised concerns about the portion of the Encroachments that extend into the former Norfolk Southern Rail Line and would interfere with a future phase of a proposed shared-use path project (the "Virginia Beach Trail Project"). However, the Virginia Beach Trail Project is currently unfunded, and the Encroachment Agreement includes a provision requiring the Applicant to remove any encroaching items upon notice by the City. Therefore, staff recommends approval of this request, subject to the conditions outlined in the Encroachment Agreement. The Virginia Beach Trail Project is a priority project in the current Bikeways & Trails Plan and will remain so in the soon to be adopted Active Transportation Plan (an update to the 2011 BT Plan). The Virginia Beach Trail is being submitted as an above-target request for the upcoming FY22 proposed budget. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Maps, and Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: ;OP 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF AN EXISTING CITY 6 RIGHT-OF-WAY KNOWN AS SOUTHERN 7 BOULEVARD, THE ADJACENT CITY 8 PROPERTY FORMERLY KNOWN AS THE 9 NORFOLK SOUTHERN RAIL LINE(GPIN 1467- 10 13-1924),AND AN EXISTING 30' CITY UTILITY 11 EASEMENT, WHICH ARE ALL PART OF THE 12 DEVELOPMENT AT 4920 SOUTHERN 13 BOULEVARD 14 15 WHEREAS, PAPCO, Inc., doing business as World Fuel Services("PAPCO, 16 Inc.") desires to maintain an existing 72" chain-link fence, chain-link gates, concrete 17 barriers, a gravel area and two metal tanks (collectively, the "Encroachments") within the 18 existing City's right-of-way known as Southern Boulevard, the City's 30' utility easement, 19 and the existing City property formerly known as the Norfolk Southern Rail Line 20 (collectively, the "City Property"), which are all a part of the development located at 4920 21 Southern Boulevard; and 22 23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 24 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 25 the City's property subject to such terms and conditions as Council may prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, PAPCO, Inc., its heirs, assigns 32 and successors in title, are authorized to maintain an existing 72" chain-link fence, chain- 33 link gates, concrete barriers, a gravel area and two metal tanks on the City Property, as 34 shown on the map entitled: "ENCROACHMENT EXHIBIT PLAT'A' FOR PAPCO INC. DBA 35 WORLD FUEL SERVICES, INC. VIRGINIA BEACH, VIRGINIA," a copy of which is 36 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 37 reference is made for a more particular description; 38 39 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 40 to those terms, conditions and criteria contained in the Agreement between the City of 41 Virginia Beach and PAPCO, Inc. (the "Agreement"), an unexecuted copy of which has been 42 presented to the Council in its agenda, and will be recorded among the records of the 43 Clerk's Office of the Circuit Court of the City of Virginia Beach; i 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as PAPCO, Inc. and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: • PUBLIC WORKS, REAL ESTATE DAN . HARM Y R SENIOR CITY ATTORNEY CA14652 bgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d017\p033\00621018.doc R-1 PREPARED: 10/29/20 2 PARCEL B-1 I I 1 0 20 40 80FEET (M.B. 275, P. 12 & 13) GPIN 1477-14-2343 1 x IN(F) GRAPHIC SCALE x x x ^-� I FENCE ON LINE z I I _ F- Q FUEL i ;.._0 8' ENC. z .,� w Iv ', o (TANK w.. to w en Li., Q in r7 Q - ►o METAL WAREHOUSE :3;"` • -1 w • w • a BUILDING .,. . •`,:; is M//,y�� a' a /� d ',�, • N �t(7 lr J 0 it) 0 In ro Ca `.'ff+ .. Fin .- N ,- Ce._ N J.'.,: Z co n _ . O cp v7 m m m cd m : .a fl ,. -11:.• 1..•, 4� 0 W o o q . :.: 0] O Z M.-.... .. M'-.� • ,r l / U; ('' ,c F— Q J LEGEND: ii �- I 1 Cr p & 4) a PIN (F) = PIN FOUND 'I =?' t-N'' Q+ (M.B. 258 3 PIN (S) = PIN SET 11 z i • I 0 o LP = LIGHT POLE 1i ,r,' .r,,+ • I ,� TB = TOP OF BANK : N D.I. = STORM DRAIN INLET 11 I 1 Pk(F) c° X X X FENCE ,1 LP I . 1.8' ENC. a UG = UNDERGROUND ¢ I I GAS LINE il �w3 J i �� Q UW = UNDERGROUND - D.I. ¢ o 0f,,I, ,c, o pP 0CDa o WATERLINE `-� I0 PP = POWER POLE I .- cis v "NIf _ Q xU _I m w CO m u� .('-'1 fJ ES • o h. II O D lw- O Q_ W a < Q 0 ,) RROPERTY OF if j N 30' 4.2' CO Q �i 1 Z 0 o i TANK UNES, INC. !I w a "' w `Z Eh C. z a W N 5 N (D.B. 1558 P. 793) 1r 0_ ee 0 5 0 0 't 11 � � w ¢ Ww • CC PARCELS 11 0 � IZ: =mm a� 0 z GPIN 1477-04-8133 If 3 oM N oM 'd -= I-Q < o ) oN a (M.B. 258, P. 3 & 4) 11 :4' > c� _¢ Q 11 m al ;n ce . CO O§ -I 0 , (n II I I6 qi-t i f,N, CO'-' Z .. Ij N. D.I. Di ;I. � 1 ,I • M r'.} '>r� - -_ _ElGAE .., • 3.6' ENC. `` k J CONCRETE ONE STORY a BARRIERS (TYP.) FRAME BUILDING ASPHALT PARKING LOT ' a #4920 020 Q .00' 0 ENCROACHMENT EXHIBIT PLAT Q,I,TH OF o o FOR ^� � Pj�'G� R--1()-1T� PAPCO INC. dba WORLD FUEL SERVICES, INC. .V 04-16-2019 •, OPAL VIRGINIA BEACH, VIRGINIA 8 JEFFREY D. WOK y AVENUE SCALE: 1•=40' APRIL 16,2019 Lic. No. 2045 ROUSE-SIRINE ASSOCIATES, LTD. FfREY D. W-1'I 0Ms LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"A-D" f o� www.rouse-sume,com 4Nu SUR J 4 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 REVISED: SEPT.13,2019 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 REVISED: MAY 1,2019 J.0.13800-19-034 FAX: 757 99-9136 TEL 75 903-0693 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 /G 1a day of OC TOS R. , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAPCO, INC., a Virginia corporation f/k/a TANK LINES, INC., a Virginia corporation, ITS 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 "PARCEL B, 2.647 ACRES GPIN NO. 1477-04- 8133," as shown on that certain plat entitled: "RESUBDIVISION OF PARCEL A, RESUBDIVISION OF PROPERTY OF ERNEST L. HUDSON AND PHYLLIS A. HUDSON (D.B. 2690, P. 1901-1902) AND LOTS 10, 11, 12, 13, 14, 15, 16, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 AND THE REMAINING PORTION OF LOTS 39, 40, 41, AND 42, BLOCK 56, EUCLID PLACE (M.B. 4, P. 62) BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA," Scale 1" = 50', dated February 5, 1997 and revised through March 17, 1997, prepared by John E. Sirine and Associates, Ltd., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 258, at page 3, and being further designated, known, and described as 4920 Southern Boulevard, Virginia Beach, Virginia 23462; GPIN: (CITY RIGHT OF WAY - SOUTHERN BOULEVARD - NO GPIN REQUIRED OR ASSIGNED) 1467-13-1924 - CITY PROPERTY (NO ADDRESS) 1477-04-8133 (4920 SOUTHERN BOULEVARD) WHEREAS, it is proposed by the Grantee to maintain an existing 72" chain link fence, chain link gates, concrete barriers, a gravel area and two metal tanks, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of an existing City right-of-way known as Southern Boulevard, adjacent City property (GPIN 1467-13-1924), and an existing 30' City utility easement, collectively the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT PLAT 'A' FOR PAPCO INC. DBA WORLD FUEL SERVICES, INC. VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated April 16, 2019, revised through September 13, 2019 and prepared by Rouse-Sirine Associates, Ltd., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed by the Grantee that there is an existing City-owned 42-inch water transmission main along Southern Boulevard and running along the southern property line of the property owned by the Grantee and that the City intends, at some time in the near future, to acquire a utility easement (adjacent to the existing 30' City utility easement shown on the aforesaid exhibit) over the 42-inch water transmission line with the Southern Boulevard Water Transmission Main Acquisition Project CIP # 5-804.045. It is further expressly understood and agreed that the City shall have unimpeded access to the fenced in area of Southern Boulevard right-of-way and the 30' City utility easement to operate, maintain and repair its assets at all times. The gate shall either remain unlocked or the City shall be provided an access code or key to enter. It is further expressly understood and agreed that the Grantee may park rolling-stock within the Southern Boulevard right of way, reserved right of way and 30' utility easement shown on the aforesaid exhibit, but must respond immediately to any 3 request by the City to move rolling stock as needed and at no cost to the City. The City shall not be liable for any damages to the Grantee's equipment, assets, or other property parked/located within the aforesaid Southern Boulevard right of way, reserved right of way and 30' utility easement. It is further expressly understood and agreed by the Grantee that, in order to prevent flooding and facilitate proper drainage in this area, the location and maintenance of the Encroachment may not impede or restrict the flow of the adjacent drainage ditch located on the existing City property (GPIN 1467-13-1924). It is further expressly understood and agreed by the Grantee that a shared-use path is planned for the City property (GPIN 1467-13-1924) at some time in the very near future. All encroachments within this area will be required to be removed prior to the beginning of construction of the path. 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. 4 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 5 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said PAPCO, INC., a Virginia corporation f/k/a TANK LINES, INC., a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Eric Rosenfeldt, its Vice-President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 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 6 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: PAPCO, INC., a Virginia corporation, formerly known as TANK LINES, INC., a Virginia corporation (SEAL) Eric Rosenfeldt, Vice-President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this /v day of 7 Oe-fv Yje,( , 2020, by Eric Rosenfeldt, as Vice-President of PAPCO, INC., a Virginia corporation corporation/k/a TANK LINES, INC., a Virginia corporation. I`ll � ��.� ' Notary is 'moo;: �� 2 Notary Registration Number: Z " y 6� OF VIR 'SS My Commission Expires: NA APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -712f SIGNATURE AN0-14>fiaC HAREYER, T CI1 SENITY ATTORNEY IA( Es net rt7 DEPAR MENT 8 PARCEL B-1 1 I , 0 20 40 80FEET (M.B. 275, P. 12 Sc 13) 1 t I GPIN 14 77-14-2343 IN(F) GRAPHIC SCALE w FENCE ON LINE ZCT iI 4b8. FUEL ENC. z et z .54 ^"4"wN!• . o (TANK ..5 METAL WAREHOUSE :'....�1;:;� I Kw • in M Q c° '') '� w BUILDING • ••`4 • ' ; 2 MI Li as 7r�a 11 • �`• '' ° CPS v Ul adO3 m m ..� I: .: i r m Q z M Q O LEGEND: I I o. w o PIN (F) = PIN FOUND ij : ,: v` 1 258' 3 a PIN (S) = PIN SET / "'' ' LP = LIGHT POLE I/ I O a. TB = TOP OF BANK % '�'' �`' I D.I. = STORM DRAIN INLET 1! t I PI�(F) )( X X FENCE '? LP 1.8' ENC. Ii UG = UNDERGROUND 1j GAS LINE �� w I r U 0 yr UW = UNDERGROUND-- c '' I- 3 WATERLINE ` ' D.I. Q r,, Q PP � m a. o co 0 PP = POWER POLE 11 J �� o �t Q w �m .,N 47 In � 7 IlIZ �^ 2' .0 J� w co u_ m � r- 11O c.� w DR3 . o No I RROPERTY OF 11 > N 30' -r`- `w 4.2' CO p N 1 2 o ccN M TANK UNES, INC. ,11 Wrf) -- c . Y ENC. Z o a al 0`8 o o �I (D.B. 1558 P. 793) i1 c" w Z H 12 a_5 O o Z w w a Ww �- o 00 PARCEL B ,ii Coco o w j Q. I E Q o Q 6 o z GPIN 1477-04-8133 0 }}.. 11 \M N M U DFe Q 1- n (M.B. 258, P. 3 & 4) „ i 'd. Q 0 II oo � v �:k N' I- !�"> z f1 L �- .y� + z 0 w ;� � D.I. �• ?' rs --- ,ri.),:o GA E O 3.6' ENC. 1-` \ f- i CONCRETE ONE STORY ASPHALT PARKING LOT = A f BARRIERS (TYP.) FRAME BUILDING ' • #4920 1 can 020.00' < p,1,TH opoo. ENCROACHMENT EXHIBIT PLAT'A' o� Lj� R'lp' o FOR -1,� PAPCO INC. dba WORLD FUEL SERVICES INC. ... .. 04-16-2019 z OPAL VIRGINIA BEACH, VIRGINIA 8 JEFFREY D. Y UJAMS a AVENUE SCALE: 1"`d0' APRIL 16,2019 Lic. No. 2045 ROUSE-SIRINE ASSOCIATES, LTD. r ' D. 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''.-;'.;.,':"....'*,).-'•-:/r-‘L---,..,- .:.`;‘'N.,..r .0':,,,',1'.,,..:c, '.;14••.=,,;%:,. ,N.••... , . .,•--,.;••0 1,-.., . . , _, 17-.''-•-•,- -'.. -1c:5'.. =t.'''''''''''''-i'il‹.".''r'-":47..'V'''*' ::i:•;.....,7..;:';.:0*,:•'.&•..,;','Z':°''''''',f''',;'-',:""'i- ,•',.. '' :,7.:7 SI,'_. .4,,'„-.:.,..7.,'.".:.'...',',„...'?,',....., '':, ' ,..,''''..,,,,'',i'..;;;P:orN.''''.,i';',.%,".'••••,,'''' " r..-. ;'....;!,-"'...‘,.; .1,4 4- irri..,:41'"':::4-...`.. -.'. ''''• .:- 4. (qr.-.•.,. — .. ';',,.._...s:'''.1-...:..-.... ••.,. *- .-:- - ---: a • N J CI I GINIA BEACH LVD w - E Lip S 1-264 SITE J Nco C 8 S9 L p ' 1 "�� PROV i �E Rp .,::: Q J Q G 1 rrTh SOUTHERN BLVD c cr LOCATION MAP a ENCROACHMENT REQUEST Le end Q FOR PAPCO,INC. 9 - 4920 SOUTHERN BOULEVARD 1477-04-8133 / o G PI N 1477-04-8133 Feet City Property 0 50 100 200 Prepared by P.W./Eng./Eng. Support Services Bureau 08/27/2019 X.\CADD\Projects\ARC Files\AGENDA MAPS\1477-04-8133\1477-04-8133.mxd r - �--- N t --. i° �,f W _!. E Jr .. -, . 4 li' k . _. „ , ., ii, • 4. 4t , . __ .,.. , ,..;.. . ilk i , , 14 ` . r .w r i1 rr•• a , w rr - 8 CI l •,.., �Oh \ f. ir .:' •111111i • -ii- r - I SOUTHERN BLVD ,n, i_, , ., - _ —leo 1 LOCATION MAP w o ENCROACHMENT REQUEST 81FOR PAPCO,INC. Legend 4920 SOUTHERN BOULEVARD \IMI1477-04-8133 / ,�' IN Feet City Property - '' 0 50 100 200 Prepared by P.W./Eng./Eng. Support Services Bureau 08/27/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\1477-04-8133\1477-04-8133 Aerial.mxd Disclosure Statement *NB City of Virginia Beach Planning&Community Development _— The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Papco, Inc. dba World Fuel Services Does the applicant have a representative? • Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ii Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Harry Alexander Hadiaris,President; Ben McClenahan,Vice President; Richard Donald McMichael,Sr.,Senior Vice President; Glenn Klevitz,Treasurer; R.Alexander Lake,Secretary;Amy Quintana,Asst.Secretary;Ira M.Birns,Director;Michael J.Crosby, Director • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1t Disclosure Statement City ofVirpinia Bend' a Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes • No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2I Disclosure Statement Ctl y ti ft"tn)ur,t lioii Planning & Commun' Development .. 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes, identify the firm and individual providing the service. Rouse-Sirine Associates, Ltd.;Gallup Surveyors&Engineers,Ltd. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes,identify the firm and individual providing the service. R. Edward Bourdon,Jr., Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. li"( ` Applicant Signature Ben McClenahan,Vice President Print Name and Title November 13 ,2020 Date Is the applicant also the owner of the subject property? I Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name 3I , .,..;_, • -, ,r- 4., ..• ,t I , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a 5/31 Memorial Committee to Lead the Process of Dedicating a Permanent Memorial, Authorizing the City Manager to Solicit Proposals for Two Third-Party Consultants, and Authorizing a Transfer of $115,000 from the General Fund Reserve for Contingencies to the FY 2020-21 Operating Budget of Cultural Affairs MEETING DATE: December 1, 2020 e Background: In light of the tragic events in Virginia Beach on May 31, 2019, the City of Virginia Beach and the community desire to establish and dedicate a permanent memorial to ensure the legacy of the victims and the survivors and to support healing and recovery. The City's Cultural Affairs Department Director, Emily Labows, and the Recovery Program Manager, Lauren Heath, presented recommendations to the City Council on September 15, 2020 for a process that will result in the dedication of a 5/31 permanent memorial. Based on extensive research, staff recommended the establishment of a 5/31 Memorial Committee comprised of key stakeholders to lead the permanent memorial process. P Considerations: The goals of the 5/31 Memorial Committee shall include creating firm protocols; guiding vision and strategy; setting project priorities, goals, and building consensus; leading a transparent process; advocating for the families, survivors, and community; soliciting input from the stakeholders; determining possible locations for the memorial; providing project budgets and mobilizing funding; and leading the solicitation, design process and the memorial dedication. Staff recommends that the City Council authorize the City Manager to engage two third-party consultants that will work with the City and the 5/31 Memorial Committee throughout the permanent memorial process ("Consultants"). The Consultants shall be two individuals to serve in two separate roles for the 5/31 Memorial Committee: a family and survivor liaison and a public input consultant. The family and survivor liaison shall be responsible for building relationships with victims' families and survivors, consulting with the families and survivors and relaying information to the 5/31 Memorial Committee,advocating for and representing the families and survivors at committee meetings, and ensuring that the permanent memorial has elements that speak to each of the families, survivors and their loved ones. The public input consultant shall work with the 5/31 Memorial Committee to create opportunities for families, survivors, and the community to provide open and unbiased input that will serve to guide the planning and development of the permanent memorial. Staff believes the establishment of a 5/31 Memorial Committee and the engagement of the Consultants are vital to ensure an equitable and transparent process that will result in a permanent memorial that is a meaningful reflection of the families and our community. To support the costs associated with hiring the Consultants, a transfer of$115,000 from the General Fund Reserve for Contingencies to the FY 2020-21 Operating Budget of the Department of Cultural Affairs will be necessary. Following this transfer, the balance of the General Fund Reserve for Contingencies will be $986,324. w Public Information: This item will be advertised in the same manner as other agenda items. • Attachment: Resolution Recommended Action: Approve Submitting DepartrnentIAg y Cultural Affairs Department and Office of Emergency Man ement City Manager: 1 A RESOLUTION ESTABLISHING A 5/31 MEMORIAL 2 COMMITTEE TO LEAD THE PROCESS OF 3 DEDICATING A PERMANENT MEMORIAL AND 4 AUTHORIZING THE CITY MANAGER TO SOLICIT 5 PROPOSALS FOR TWO THIRD-PARTY 6 CONSULTANTS, AND AUTHORIZING A TRANSFER 7 OF $115,000 FROM THE GENERAL FUND RESERVE 8 FOR CONTENGENCIES TO THE FY 2020-21 9 OPERATING BUDGET OF CULTURAL AFFAIRS 10 11 WHEREAS, in light of the tragic events in Virginia Beach on May 31, 2019, the 12 City of Virginia Beach and the community desire to establish and dedicate a permanent 13 memorial to ensure the legacy of the victims and the survivors and to support healing and 14 recovery; 15 16 WHEREAS, to that end, the City's Cultural Affairs Department Director, Emily 17 Labows, and the Recovery Program Manager, Lauren Heath, presented 18 recommendations to the City Council on September 15, 2020 for a process that will result 19 in the dedication of a 5/31 permanent memorial; 20 21 WHEREAS, based on extensive research, staff recommended the establishment 22 of a 5/31 Memorial Committee comprised of key stakeholders to lead the permanent 23 memorial process; 24 25 WHEREAS, the goals of the 5/31 Memorial Committee shall include creating firm 26 protocols; guiding vision and strategy; setting project priorities, goals, and building 27 consensus; leading a transparent process; advocating for the families, survivors, and 28 community; soliciting input from the stakeholders; determining possible locations for the 29 memorial; providing project budgets and mobilizing funding; and leading the solicitation, 30 design process and the memorial dedication; 31 32 WHEREAS, staff recommends that the City Council authorize the City Manager to 33 engage two third-party consultants that will work with the City and the 5/31 Memorial 34 Committee throughout the permanent memorial process: a family and survivor liaison and 35 a public input consultant ("Consultants"); 36 37 WHEREAS, the family and survivor liaison shall be responsible for building 38 relationships with victims' families and survivors, consulting with the families and 39 survivors and relaying information to the 5/31 Memorial Committee, advocating for and 40 representing the families and survivors at committee meeting, and ensuring that the 41 permanent memorial has elements that speak to each of the families, survivors and their 42 loved ones; 43 44 WHEREAS, the public input consultant shall work with the 5/31 Memorial 45 Committee to create opportunities for families, survivors, and the community to provide 46 open and unbiased input that will serve to guide the planning and development of the 47 permanent memorial; and 48 49 WHEREAS, staff believes that the establishment of a 5/31 Memorial Committee 50 and the engagement of the Consultants are vital to ensure an equitable and transparent 51 process that will result in a permanent memorial that is a meaningful reflection of the 52 families and our community. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 1 . That City Council hereby authorizes the City Manager to promptly solicit 58 proposals to engage two Consultants, a family and survivor liaison and a public input 59 consultant, and after the solicitations, staff shall review the proposals and report the 60 results of the solicitations to the City Council, including recommendations and proposed 61 costs, so that the City Manager can award two Consultant contracts based upon the City 62 Council's recommendation; 63 64 2. That the City Council hereby establishes the 5/31 Memorial Committee; 65 66 3. That the 5/31 Memorial Committee shall serve in an advisory capacity to 67 the City Council; 68 69 4. That the family and survivor liaison Consultant shall provide professional 70 guidance to the City Council as to the make-up of the 5/31 Memorial Committee, and the 71 City Council shall thereafter appoint the members of the 5/31 Memorial Committee; 72 73 5. That the goals of the 5/31 Memorial Committee shall be to establish a 74 permanent memorial in an equitable and transparent manner, to work closely with all 75 stakeholders, and to establish consensus for the process; 76 77 6. That the 5/31 Memorial Committee shall provide a progress report to the 78 City Council no later than the last City Council meeting in June 2021; and 79 80 7. To allow the execution of the contracts with the Consultants, after City staff 81 reports the results of the solicitations to City Council and the City Council has provided 82 guidance on selection of the Consultants, City Council authorizes a transfer of$115,000 83 from the General Fund Reserve for Contingencies to the FY 2020-21 Operating Budget 84 of the Department of Cultural Affairs. 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: f,4) Cu tu- .I Atiarrs fl€.artment �"` Office of Emergency Management ij APPROVED AS TO LEGAL SUFFICIENCY: City Attomey's Office CA-15166 R-4 November 19,2020 .,H�HiS1�, 04'4'•o,q ,; CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Establish the Resort Management Office, to Appropriate Fund Balance of the Tourism Investment Program, to Transfer Funds and FTEs within the FY 2020-21 Operating Budget, and to Authorize FTEs for the Resort Management Office and to Support the Resort Management Office's Activities MEETING DATE: December 1, 2020 • Background: On September 1 , 2020, the City Council adopted a Resolution to direct the City Manager to establish a Resort Management Office (RMO) to improve the Virginia Beach Resort Area. This formal action was requested by the Resort Advisory Commission. The RMO will facilitate initiatives at the Resort, coordinate enforcement of the City Code, and maintain the Resort's status as one of the best family-oriented beaches in America. In order to fully execute the September 1 action, a new, standalone office will be established. This RMO will be funded primarily by the Tourism Investment Program (TIP). There will be additional support from the General Fund, including combining existing resources with new and/or enhanced programs and initiatives. The Special Events and Resort Programs Division of the Convention and Visitors Bureau (CVB)will be transferred from CVB to the RMO. This action will transfer the total remaining unspent FY 2020-21 appropriations this division has as of the adoption of this ordinance from CVB to the new department, as well as 8.0 existing FTEs. One (1.0) Administrative Specialist FTE from the Resort Programs Division will be transferred to the Department of Planning to support the Resort Advisory Commission, its committees, as well as the outdoor café franchise program, for the remainder of FY 2020-21. This position will cost the General Fund approximately $28,879 through the remainder of the fiscal year. In addition to the existing 8.0 FTEs to be transferred, an additional 2.0 FTEs will need to be authorized and corresponding funding appropriated within the TIP. These positions are a Resort Administrator, to serve as the head of the office, and an Administrative Specialist II to provide administrative and financial support. To better service the needs of the Resort, an additional 4.0 FTEs will also be authorized through this action, but they will report to their respective departments, and not the RMO, as listed in the table below. These positions include a Code Enforcement Inspector, two Housing Specialists, and a Zoning Inspector. A table summarizing the new positions, their salaries and fringe benefit amounts, is provided below. The amounts provided below are half-year amounts, as the positions will not start until at least January 1, 2021, and such amounts will be annualized in the FY 2021-22 Operating Budget. Position Home Fund Cost Department _ Resort Administrator RMO TIP $ 63,028 Admin. Specialist ll RMO TIP $ 32,252 Zoning Inspector Planning General Fund $ 28,266 Code Enforcement Inspector Housing General Fund $ 28,266 2 Housing Specialists Housing General Fund $ 81 ,052 Total $ 232,864 The zoning inspector and code enforcement inspector are needed to maintain services of the Departments of Planning and Housing and Neighborhood Preservation within the Resort Area. In recent years, with the addition of short-term rental inspections, these departments have needed additional resources to keep up with service demand. These additional staff members will allow for better coverage of these duties citywide. The additional homeless systems coordinators will provide services from First Colonial to Shore Drive, which will improve the Department of Housing's homeless outreach efforts. As a result of the establishment of the Resort Management Office, additional appropriations will be needed for operating expenditures. These expenses include: Item Fund Cost 3 All-Weather Gators ' TIP $ 65,550 2 Vehicles General Fund $ 52,000 6 Net New Computers General Fund $ 20,574 Professional Development General Fund $ 6,000 Licenses/Certifications General Fund $ 3,000 Office Supplies General Fund $ 6,000 Lease of 401 VA Beach Blvd. General Fund $ 24,000 Lease Space Buildout & General Fund $ 83,250 Furniture Vehicle Maintenance & Fuel TIP $ 675 Radio Communication TIP $ 5,000 Media Advertising TIP $ 10,000 Resort Ambassadors Contract TIP $1,000,000 Total $1,276,049 The all-weather gators will be used by resort ambassadors to promote safety at the Oceanfront. The two vehicles will be used by the zoning and code enforcement inspectors to survey the oceanfront properties. The lease of 401 Virginia Beach Boulevard is currently administered by the Parking Enterprise Fund for the offices of Republic Parking Services. Republic Parking Services will be leaving this space in December 2020, so the space will be available for use by the RMO once required buildout is completed. In total, $1,176,505 needs to be appropriated from the Fund Balance of the TIP to support the establishment of this office, 85% of which is to fund an annual contractual Resort Ambassador Program. The additional General Fund positions, including the position transferred from CVB to the Department of Planning, and associated operating costs will require a transfer in the amount of $361 ,287. The source of this transfer will be General Fund debt service. Following the most recent PFRB sale, there is capacity within budgeted debt service to make this transfer. Additional modifications to these staffing levels may be made in the City Manager's Proposed FY 2021-22 Operating Budget. • Considerations: Without this action, the RMO cannot be established within the current fiscal year. This action is intended to meet the requirements of the September 1 , 2020 resolution of the City Council regarding establishment of the RMO and related staffing. The RMO will support implementation of the Resort Area Strategic Plan. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Manager City Manager:r)W 1 AN ORDINANCE TO ESTABLISH THE RESORT 2 MANAGEMENT OFFICE, TO APPROPRIATE FUND 3 BALANCE OF THE TOURISM INVESTMENT 4 PROGRAM, TO TRANSFER FUNDS AND FTES 5 WITHIN THE FY 2020-21 OPERATING BUDGET, AND 6 TO AUTHORIZE FTES FOR THE RESORT 7 MANAGEMENT OFFICE AND TO SUPPORT THE 8 RESORT MANAGEMENT OFFICE'S ACTIVITIES 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 1) The Resort Management Office is hereby established, and for purposes of budgeting, 14 the Resort Management Office is located within the Tourism Investment Program. 15 16 2) $1 ,176,505 of Tourism Investment Program fund balance is hereby appropriated, 17 with specific fund reserve revenue increased accordingly to support the Resort 18 Management Office. 19 20 3) $361,287 is hereby transferred from the debt service account of the General Fund to 21 the FY 2020-21 Operating Budgets of Housing and Neighborhood Preservation and 22 Planning and Community Development to support the additional authorized FTEs. 23 24 4) Two FTEs, one Resort Administrator and one Administrative Specialist II, are hereby 25 authorized within the Tourism Investment Program for the operation of the Resort 26 Management Office. 27 28 5) One FTE, a Zoning Inspector, is hereby authorized in the Department of Planning 29 and Community Development. 30 31 6) Three FTEs, two Homeless Systems Coordinators and one Code Inspector, are 32 hereby authorized in the Department of Housing and Neighborhood Preservation. 33 34 7) The amount appropriated within the Resort Programs and Special Events Division of 35 the FY 2020-21 Operating Budget of the Convention and Visitors Bureau and eight 36 FTEs located in such division are hereby transferred to the Resort Management 37 Office. 38 39 8) One FTE is hereby transferred from the Convention and Visitor's Bureau's Resort 40 Programs & Special Events Division to the General Fund Operating Budget of the 41 Department of Planning and Community Development. 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: t ti >' + ;�- Budget & Management Services 's Office CA15282 R-2 November 17, 2020 r s. 1;4, , i t' ,.. ZLo,a:'M''"o+J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the Department of Human Resources to Hire a Consultant to Conduct a Market Salary Survey (2) A Resolution to Replace the 2006 Resolution Regarding the Market Salary Survey and to Provide Guidance for Such Survey MEETING DATE: December 1, 2020 • Background: The City is experiencing historically high vacancy rates. Departments are finding that it is taking longer to fill "high demand" positions and are experiencing high turnover within these fields. The Department of Human Resources believes that the results from an updated Market Salary Survey will help mitigate these issues. The City has not formally conducted or implemented a market salary survey since 2011. The City Manager would like to hire a consultant to review the City's current compensation plan and make recommendations regarding the scope of a 2021 market salary survey. Additionally, the attached resolution will replace a resolution adopted by the City Council in February 2006 that included salary guidance. As proposed, the replacement guidance will allow a more robust market salary survey and reflect actions taken by the City Council since 2006 to address compression for public safety personnel. • Considerations: The updated resolution seeks to provide greater flexibility in the implementation of the Market Salary Survey and remove many of the restrictions that exists within the current resolution. Some of these restrictions include: • Specific language as to how pay adjustments should be applied to pay ranges and employees. This language needs to be revised to provide flexibility in pay adjustment implementation. Doing so will continue to minimize compression of salaries below the pay range midpoint, while also facilitating the emphasis in moving employees toward their respective pay range midpoint, or market rate. • Limits future market salary surveys to Hampton Roads communities. Since 2006, technology has granted employers the ability to recruit and hire from a much larger geographic region. City salaries must be competitive to attract applicants in high demand fields, and a comparison to other local municipalities will not necessarily provide representation of the competitive rates needed to fill these vacancies. • The current resolution requires the inclusion of local municipal entry level public safety salaries in each year's budget proposal. The goal to remain competitive in public safety salaries would also be better served with consistent salary surveys from a broader scope of comparators. The attached revised resolution provides flexibility in implementing pay with market salary surveys, allows organizations such as Hampton Roads Sanitation District or Virginia Beach City Public Schools to be included as survey participants, and provides flexibility to survey organizations outside of Hampton Roads, particularly in light of recommendations of the survey consultant. In order to fund the procurement of a survey consultant, the Department of Human Resources is requesting $200,000 be transferred from the General Fund Regular Reserve for Contingencies to their FY 2020-21 Operating Budget. If approved, the Reserve for Contingencies will have a remaining balance of$1,101 ,324. The requested $200,000 is an estimate of the cost to procure a survey consultant based on data from comparable municipalities. However, based on costs to include total compensation analysis and obtain market salary survey data for Virginia Beach City Public Schools, further appropriation may be necessary. If the cost of the consultant exceeds that amount, the City Manager will inform City Council of any additional need prior to the execution of a contract and make a formal request for additional funds. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance; Resolution; and 2006 Resolution Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager: iiih9 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 THE DEPARTMENT OF HUMAN RESOURCES TO HIRE A 4 CONSULTANT TO CONDUCT A MARKET SALARY 5 SURVEY 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 8 OF VIRGINIA BEACH, THAT: 9 10 1. $200,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Department of Human Resources' FY 2020-21 Operating Budget to hire a 12 consultant to conduct a market salary survey; and 13 14 2. If the cost to hire a consultant exceeds $200,000, the City Manager shall inform 15 City Council of any additional costs prior to the execution of a contract and make 16 a formal request for additional funding. 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 & Management Services City ey'. CA15279 R-1 November 17, 2020 ALTERNATE VERSION REQUESTED BY COUNCILMEMBERS DIEZEL AND WOOD 1 A RESOLUTION TO ADDRESS PUBLIC 2 SAFETY PAY COMPRESSION DISPARITIES ' 3 WHEREAS, the safety of Virginia Beach' s citizens is 4 greatly enhanced by the City retaining its experienced public 5 safety employees; and 6 WHEREAS, pay compression has led many experienced public 7 safety employees to leave the City workforce to pursue positions 8 with other employers, including the federal government and the 9 private sector. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That the City Manager is hereby directed to incorporate into 13 the budget process the following considerations, across the public 14 safety pay and classification ranges, utilizing the current City 15 pay plans : 16 1 . To prevent future pay compression in the public safety 17 pay and classification plans, pay adjustments shall be applied to 18 all employees and ranges; 19 2 . For both fiscal year 06-07 and fiscal year 07-08, 20 adjustments based on years of service and years in grade shall be 21 made to the current public safety pay and classification plans, at a maximum cost of $4 . 5 million per fiscal year; 3 3 . Prior to December 1, 2007, a revised step plan shall be 2‘4 submitted to Council for review and discussion so it may be 25 considered as part of the fiscal year 08-09 budget; 26 4 . Even if the above steps fail to alleviate supervisory pay 27 compression, such compression shall be alleviated within three 28 years of identification; 29 5 . Future market salary surveys shall be restricted 30 initially to Hampton Roads communities; and 31 6 . Proposed budgets shall include an annual summary of 32 entry-level public safety salaries in surrounding Hampton Roads 33 communities. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY City Attorney' s Office CA-9909 H/P&A/OrdRes/Public Safety Compensation RES.doc February 7 2006 R-4 1 A RESOLUTION TO REPLACE THE 2006 2 RESOLUTION REGARDING THE MARKET 3 SALARY SURVEY AND TO PROVIDE GUIDANCE 4 FOR SUCH SURVEY 5 6 WHEREAS, the citizens of Virginia Beach are greatly served by the City's ability 7 to hire and retain highly qualified employees; 8 9 WHEREAS, the City has experienced the need for multiple and/or extended 10 recruitments to obtain a high caliber candidate pool; 11 12 WHEREAS, the City should be aware of trends in compensation and total rewards; 13 14 WHEREAS, the City Council adopted a resolution in 2006 to guide the priorities 15 for a market salary survey and public safety salaries; and 16 17 WHEREAS, the City has not formally implemented a market salary survey since 18 2011 . 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The 2006 Resolution is hereby replaced with this Resolution. 24 25 BE IT FURTHER RESOLVED, THAT: 26 27 The City Manager is hereby authorized to perform market salary surveys and 28 directed to incorporate the following considerations into the implementation of future 29 market salary surveys: 30 31 1 . To minimize creation of new salary compression below the midpoint of the 32 City's pay ranges, employee pay adjustments shall be provided to allow for a 33 pay increase when salary ranges are increased; 34 35 2. Pay adjustments shall be implemented in a manner that will allow greater use 36 of funds among positions showing the greatest need based on market data, 37 turnover, recruitment issues, and other factors determined to be critical by the 38 City Manager; 39 40 3. Organizations within Hampton Roads, such as Virginia Beach City Public 41 Schools, Hampton Roads Sanitation District, and relevant private sector 42 organizations may be included as survey participants in addition to surrounding 43 localities; 44 45 4. Organizations and localities outside of Hampton Roads may be included in 46 market salary surveys, with appropriate adjustment made for differences in the 47 cost of living; 48 49 5. Salary surveys should include factors that impact total compensation, and 50 implementation of employee salary adjustments should be made with a total 51 compensation focus. 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: 41itt". Department of Human Resources 'i 'Attorn y's Office CA15280 R-1 November 17, 2020 . , ,...,..,, 2. il,c- 1 ,,::._ _ i.,,,.. „......,....,,,,f ,ks,,...z.0:. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project#100557, "Flood Mitigation Assistance Grant Program IV," and to Accept and Appropriate $803,061 from the Virginia Department of Emergency Management MEETING DATE: December 1, 2020 • Background: The Federal Emergency Management Agency (FEMA) provides grant funding through the Flood Mitigation Assistance (FMA) Program to acquire qualifying severe repetitive loss residential properties located in special flood hazard areas to eliminate future flood damage. The FMA Program requires the City to be the fiscal agent and project manager for the project. These funds will enable the acquisition of three residential properties which have sustained severe repetitive damage due to severe flooding. The individual property owners are required to meet grant requirements. FEMA has previously provided FMA funding for the elevation of residential properties in 2010, 2013, 2015 and 2016. For this grant the City evaluated all structures on the severe repetitive loss list for elevation and acquisition possibilities and identified eight which were strategically located for acquisition, sending voluntary interest letters to the owner of record. A competitive application based on prior flood losses, depth in the floodplain, and cost benefit analysis using data provided by FEMA. Resident participation was voluntary, and the evaluation reviewed affirmative responses received in the competitive application. The following properties were included in the application to FEMA: • 3221 Northgate Drive • 3216 Northgate Drive • 3704 Gresham Court The City has received notification that its application to acquire these three properties was approved. • Considerations: The grant amount is $803,061 provided through the FMA Grant Program. FEMA provides 100% of the funds for this project. The grant requires the City to be responsible for acquisition, demolition, site restoration and maintenance. These properties are in planned flood control project areas. One property is adjacent to a City- owned park and will be incorporated into the existing park, while the other two properties will be incorporated into an existing flood control project. A new capital project is needed to account for the funding. The attached ordinance establishes Project # 100557, titled "Flood Mitigation Assistance Grant IV," for this grant. • Public Information: Public information will be provided through the normal Council Agenda process. Public meetings have been held with the impacted communities to describe the FMA program as well as substantive public outreach to solicit interest. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Proposed Project Page #100557 Recommended Action: Approval Submitting Department/Agency: Office of Emergency Management Of()City Manager: 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100557, "FLOOD MITIGATION ASSISTANCE GRANT 3 PROGRAM IV," AND TO ACCEPT AND APPROPRIATE 4 $803,061 FROM THE VIRGINIA DEPARTMENT OF 5 EMERGENCY MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) Capital Project #100557 "Flood Mitigation Assistance Grant Program IV" is hereby 11 established in the FY 2020-21 Capital Improvement Program; and 12 13 2) $803,061 in federal pass through revenue is hereby accepted from the Virginia 14 Department of Emergency Management and appropriated, with federal revenue 15 increased accordingly, to CIP # 100557 in furtherance of the 2019 Flood Mitigation 16 Assistance Program, for flood mitigation measures at qualifying residential 17 properties. Requires an affirmative vote by a majority of all the members of City Council. 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: �Vv Budget & Management Services Ci r Office CA15278 R-1 November 17, 2020 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: Title:Flood Mitigation Assistance Grant Program IV Status: Approved Category: Storm Water I Department: Public Works ,Ranking: Project Type Project Location Project Type: Rehabilitation/Replacement District:Citywide 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 803,061 0 0 0 0 0 0 0 Description and Scope A top priority for City Council is the management and planning of programs as they related to flooding districts.The Federal Emergency Management Agency(FEMA) provides grant funding through the Flood Mitigation Assistance(FMA)program,to implement mitigation measures at qualifying residential properties to reduce the likelihood of future occurrences.Three private properties in Virginia Beach were selected based on the number and cost of previous insurance claims.This program requires the locality to be the fiscal agent and project manager for the mitigation work in the City of Virginia Beach,as such;the City will be responsible for contracting for the physical evaluation of these nine private properties,as well as inspection and administrative oversight. Purpose and Need The Office of Emergency Management(OEM)receives data from the National Flood Insurance Company annually that identifies structures categorized as Severe Repetitive Loss(SRL)and Repetitive Loss(RL)properties within the jurisdictional boundaries.Upon receipt of the data,OEM reviews the list and analyzes the properties to determine which ones would result in the highest cost-benefit ratio and therefore be the best candidates for Flood Mitigation Assistance grants.Once identified,the city engaged in outreach to the selected properties to determine voluntary interest in the program.Due to multiple flooding events over the last decade,the number of structures that experience chronic flooding from coastal storms,tropical storms and localized flooding resulting in the SRL or RL classification continues to rise.The acqiusition of these flood prone structures will mitigate future National Flood Insurance Program claims.As a result of the analysis,three properties were approved for acquisition at a total estimated cost of$803,061.This program is 100%grant funded;therefore there is no matching necessary.The project locations are clustered in two of the City's most vulnerable areas. History and Current Status Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Acquisition 12/20-9/23 803,061 Total Budgetary Cost Estimate: 803,061 NO MAP REQUIRED Means of Financing Funding Subclass Amount Federal Contribution 803,061 Local Funding Total Funding: 803,061 l vummn rt+, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $300,000 from the Fund Balance of the General Fund to Provide Special Event Fee Offsets MEETING DATE: December 1, 2020 ■ Background: In the FY2013-14 Operating Budget, the City Council adopted a resolution directing the City Manager to collect amounts for City services necessary for special events. A copy of that resolution, adopted May 2013, is attached to this item for reference. After adoption of this ordinance, the City's Special Events Office provides the required estimate of cost for certain services necessitated by an event. The event promoter has the option of paying for the City services or providing private services commensurate with the level of City services. Some promoters of special events — such as road races — are required to drastically reduce the number of participants for such events to comply with applicable pandemic public health measures. Such events are a public amenity that increases visitation and business in the Resort and throughout the City. This request would use funds reserved for pandemic relief to promote special events by providing an offset for the City services fees. • Considerations: The attached ordinance appropriates $300,000 of the amounts reserved in fund balance for pandemic relief to offsets for City services required for special events. Such offsets shall be available from the date of adoption to special events on a first-come first-serve basis, and the amount available for a single event shall not exceed 20% of the $300,000. The offset shall not be available for special events that occur after the pandemic public health measures have ended. Upon the exhaustion of this funding, the City Manager is directed to provide a report to the City Council regarding the special events that received the offsets authorized herein and, if the City Manager finds this program to be sufficiently efficacious to increase economic activity and visitation, request an additional appropriation from the City Council. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; Special Event Fee Resolution from May 2013 Requested by Councilmember Tower REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO APPROPRIATE $300,000 2 FROM THE FUND BALANCE OF THE GENERAL 3 FUND TO PROVIDE SPECIAL EVENT FEE 4 OFFSETS 5 6 WHEREAS, in the FY2013-14 Operating Budget, the City Council adopted a 7 resolution directing the City Manager to collect amounts for City services necessary for 8 special events; 9 10 WHEREAS, some promoters of special events—such as road races—are required 11 to drastically reduce the number of participants for such events to comply with applicable 12 pandemic public health measures; 13 14 WHEREAS, such events are a public amenity that increases visitation and 15 business in the Resort and throughout the City; 16 17 WHEREAS, the City Council supports the use of the funds reserved for Pandemic 18 Relief to promote special events by providing an offset for the City services fees; 19 20 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 $300,000 is hereby appropriated from the fund balance of the General Fund from 24 such amounts reserved for Pandemic Relief to provide offsets for City services required 25 for special events. Such offsets shall be available from the date of adoption to special 26 events on a first-come first-serve basis, and the amount available for a single event shall 27 not exceed 20% of the $300,000. The offset shall not be available for special events that 28 occur after the pandemic public health measures have ended. Upon the exhaustion of 29 this funding, the City Manager is directed to provide a report to the City Council regarding 30 the special events that received the offsets authorized herein and, if the City Manager 31 finds this program to be sufficiently efficacious to increase economic activity and 32 visitation, request an additional appropriation from the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this __ day of , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: ity A rney's Office CA15275/ R-1 / November 12, 2020 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO RECOUP CERTAIN 2 EXPENSES RELATED TO SPECIAL EVENTS 3 WHEREAS, the City of Virginia Beach hosts hundreds of special events annually, which draw participants and 4 spectators who raise contributions to support nonprofit organization or contribute to the local economy and often provide 5 additional revenue to the City and the community; 6 7 WHEREAS, many special events held on public property require some form of city services, such as road closures, 8 traffic control,security, contingencies for emergency services, utility connections, and clean up resulting in additional costs, 9 which city operational departments are asked to absorb; 10 11 WHEREAS, the increase in special event permits and request for City services has placed a financial burden on 12 departmental budgets and less funding for other City functions and services; 13 14 WHEREAS, recouping a portion City expenses related to certain special events should reduce the economic burden 15 placed on City departments as a result of providing support services for special events; 16 17 WHEREAS, as currently written, Section 4-1 of the City Code provides the recoupment of expenses related to 18 special events is discretionary; 19 20 WHEREAS, to provide clarity and align the City's policies with that of other municipalities, the Council desires to 21 direct the City Manager to recoup certain expenses. 22 23 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 24 25 1. That, subject to the exceptions provided in Section 4-1 of the City Code, the City Manager or his designee is 26 hereby directed to implement the following procedure for recouping City expenses related to special events: 27 28 a. For all events, the applicant shall be provided a list of safety standards and service requirements needed to 29 obtain a special event permit. Any determination of the level of services required to support a particular 30 event shall be at the discretion of the City Manager or designee; 31 32 b. At the applicant's request, the City will provide an estimated cost for City personnel and equipment to 33 perform all safety standards and service requirements for the event. The applicant shall have the option of 34 hiring contractors to perform such support requirements in lieu of the City providing such services, provided 35 the applicant meets the required safety standards and levels of service; 36 37 c. If the applicant elects to use the City to perform the safety standards and support service requirements for the 38 special event permit a cash deposit of 50%of the estimated City costs or a bond for 50%of the estimated City 39 costs will be required. In the event that actual City costs were less than the amount of a cash deposit, the 40 applicant will be entitled to a refund. 41 42 d. For events hosted by City departments or on behalf of City departments by the department's contractor(s), no 43 recoupment is required; 44 45 e. Due to the personnel costs and duration, stationary event street closures shall be responsible for the 46 recoupment of all City expenses and shall not be eligible for the credit described in subsection f; 47 48 f. Because of special events held on public property are an amenity to the residents of the City and provide 49 publicity of the City's resources and advantages, special events will be entitled to a credit of up to $3,000 of 50 the actual cost to the City to provide safety standards and support service requirements. Should the City's 51 costs exceed $3,000, the applicant may request an additional credit of up to 50% of the City's support costs 52 based on City tax revenues generated by event participants attending from at least 50 miles away. The 53 amount of the 50% portion of the credit shall be based on the average overnight spending calculated by the 54 City's Convention and Visitors Bureau and any doubt with regard to such determination shall be resolved in 55 the favor of the City. 56 57 2. That the effective date of this resolution is January 1,2014. 58 59 Adopted by the City Council of the City of Virginia Beach,Virginia,on this 14`h day of May,2013. APPROVED AS TO CONTENT: APPROVED A5 TO LEGAL SUFFICIENCY: ,• a 6,0J,S10,3 Management Services City A r s ce l 1 CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: A Resolution Authorizing the City Manager to Execute a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services Between the City of Virginia Beach and Currituck County, North Carolina MEETING DATE: December 1, 2020 Background: The City of Virginia Beach is currently a party to a mutual aid agreement with Currituck County, North Carolina for fire and emergency medical services. City Council last adopted a "Resolution Authorizing the City Manager to Execute a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services Between the City of Virginia Beach and Currituck County, North Carolina" on September 28, 2010. The updated version of the Mutual Aid Agreement changes two substantive provisions of the agreement. First, the agreement extends the area in Virginia Beach where Currituck County Department of Fire-EMS and Knotts Island Volunteer Fire Department shall respond from south of the 300 block of Princess Anne Road to the area south of the 600 block of Princess Anne Road. Currituck County has agreed to respond further into the City of Virginia Beach due to the scheduled extended closure of the Pungo Ferry Bridge beginning in December 2020 which will limit the ability for Virginia Beach Fire Station 13 to adequately provide fire and EMS response for areas of Virginia Beach closest to North Carolina. Second, the agreement removes a provision regarding the City of Virginia Beach and Currituck County sending invoices for EMS services provided in the other jurisdiction. This change is requested by Virginia Beach Department of EMS because changes In Currituck County ambulance billing practices make it impractical for them to bill a third party for services rendered. No invoices have been exchanged between either party over the last five years. Considerations: The agreement extends the area where Currituck County will respond to cover three additional blocks of Princess Anne Road in Virginia Beach and is necessary to ensure adequate fire and emergency medical response. response due to the scheduled closure of the Pungo Ferry Bridge. The agreement adds the word "Automatic' to the title as required by North Carolina law, but the provisions of the agreement are otherwise unchanged. " Public Information: This resolution will be advertised in the same manner as other Council agenda items. e Recommendations: Adopt a Attachments: Resolution and Summary of Terms Recommended Action: Adopt Submitting Department/Agency: Fire and EMS 19A-1-/- ‘6 City Manager: /IQ 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MUTUAL AID AGREEMENT FOR 3 EMERGENCY FIRE AND EMERGENCY MEDICAL 4 SERVICES BETWEEN THE CITY OF VIRGINIA BEACH 5 AND CURRITUCK COUNTY, NORTH CAROLINA 6 7 8 WHEREAS, Code of Virginia Section 27-2 authorizes local governments to enter 9 into mutual aid agreements for emergency fire and emergency medical services with 10 adjoining counties outside the Commonwealth; 11 12 WHEREAS, the City of Virginia Beach and Currituck County, North Carolina 13 maintain equipment and personnel for emergency fire and emergency medical response 14 within their respective jurisdictions, as well as, for the protection of adjacent 15 communities in other jurisdictions; 16 17 WHEREAS, the proximity of the Virginia Beach Emergency Medical Services and 18 the Virginia Beach Fire Department makes it the appropriate primary responder to the 19 Gibbs Woods area of Currituck County, and the location of the Currituck County 20 Emergency Medical Services and Fire Department makes it the appropriate primary 21 responder to the Knotts Island area of Virginia Beach; 22 23 WHEREAS, the City of Virginia Beach and Currituck County are each cognizant 24 of the benefits they will derive from a mutual aid agreement for emergency medical 25 services assistance; and 26 27 WHEREAS, the City of Virginia Beach and Currituck County desire to 28 memorialize their relationship and their respective responsibility as they relate to the 29 providing of fire and emergency medical services assistance in a Mutual and Automatic 30 Aid Agreement (the "Agreement"). 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the Mutual and Automatic Aid Agreement for fire and emergency 36 medical services (the "Agreement") is hereby approved. 37 38 2. That the City Manager is hereby authorized and directed to execute said 39 Agreement on behalf of the City of Virginia Beach in accordance with the Summary of 40 Terms attached hereto. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day 43 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emerge Ice!Services City o s Office APPROVED AS TO CONTENT: / if/7" - Fire Department CA15254 R-1 October 26, 2020 MUTUAL AND AUTOMATIC AID AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES ASSISTANCE BETWEEN THE CITY OF VIRGINIA BEACH, VIRGINIA AND CURRITUCK COUNTY, NORTH CAROLINA THIS AGREEMENT, made and entered into this day of , 2020 by and between the CITY OF VIRGINIA BEACH, VIRGINIA and CURRITUCK COUNTY, NORTH CAROLINA, IN ACCORDANCE WITH THE PROVISIONS OF Code of Virginia §27-2, and Article 20, Chapter 160A of the General Statutes of North Carolina; and WHEREAS, each of the parties hereto maintains equipment and personnel for fire, emergency medical and rescue services responses within its own areas; and WHEREAS, the parties hereto desire to augment this emergency response availability in their respective areas; and WHEREAS, the lands or districts of the parties hereto are adjacent or contiguous so that mutual assistance in an emergency is deemed feasible; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this Agreement to render assistance to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the parties do hereby agree as follows: 1) The rendering of assistance under the terms of this Agreement shall be accomplished in accordance with detailed plans and procedures of operation drawn and agreed to be the technical heads of the Fire and Emergency Medical Services (EMS) departments involved. 2) Whenever it is deemed advisable by the senior officer of the department belonging to a party to this Agreement,or by the senior officer of such department actually present at an emergency scene to request fire or emergency medical assistance under the terms of this Agreement he/she is authorized to do so, and the senior officer on duty of the department receiving the request shall forthwith take the following action: Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC a. Immediately determine if the requested apparatus and personnel are available to respond to the call. b. In accordance with the terms of this Agreement, forthwith dispatch such apparatus and personnel as in the judgment of the senior officer receiving the call could be sent. 3) The City of Virginia Beach Departments of Fire and EMS shall be the primary responder for fire, emergency medical and other emergent responses to the Currituck County area of Gibbs Woods. 4) The City of Virginia Beach Departments of Fire and EMS shall be the secondary responder for fire, emergency medical and other emergent responses to the Currituck County area of Knotts Island. 5) The Currituck County Department of Fire-EMS shall automatically be dispatched for fire, emergency medical and other emergent responses assistance on the northern end, the Virginia Beach section, of Knotts Island. 6) The Currituck County Department of Fire-EMS shall be the secondary responder for emergency medical services south of the 600 block of Princess Anne Road and may respond beyond these boundaries at the request of the City of Virginia Beach. 7) The Knotts Island Volunteer Fire Department shall: a. Automatically be dispatched for fire, emergency medical and other emergent responses assistance on the northern end, the Virginia Beach section, of Knotts Island. b. Be the secondary responder for fire suppression, vehicle extrication and other emergent responses assistance south of the 600 block of Princess Anne road, and may respond beyond these boundaries at the request of the City of Virginia Beach. 2 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC 8) The senior officer of the department requesting service shall assume full charge of the operations. However, under procedures agreed to by technical heads of the departments involved, a senior officer of the department furnishing the assistance may assume responsibility for the coordination of the overall operation. 9) The various officers and personnel of the Fire and EMS departments of the parties to this Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct pre-fire planning inspections, drills, and training. 10) Each party hereto waives all claims against the other party for compensation for any loss, damage, personal injury, or death, which may arise out of the activities of the other party outside their respective jurisdiction. 11) It is understood and agreed that at all times the responding party's employees are employees of the responding party and not employees of the requesting party. The responding party's employees shall not receive any employee benefits from the requesting party. 12) The responding party shall ensure that the responding party's employees are covered, during the time the responding party's employees are providing services within the territorial jurisdiction of the requesting party,by the Workman's Compensation insurance which the responding party regularly provides to its employees pursuant to its policies. 13) To the extent authorized by law, each party hereto agrees to indemnify and save harmless the other party for all claims by third parties for property damage or personal injury, which may arise out of the activities of the other party outside their respective jurisdiction. 3 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC 14) The parties hereto acknowledge the provisions of Virginia Code §27-2 are applicable to the provisions of this Agreement and each party hereto agrees as a condition of the Agreement that an ordinance or resolution by its governing body meeting to the requirements of§27-2 shall be enacted before this Agreement may enter into force. 15) This Agreement shall not be modified or amended except in writing signed by the parties. 16) This Agreement shall become effective upon the date hereof and shall remain in full force and effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party with sixty(60) days' notice of said cancellation. 4 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By Patrick A. Duhaney, City Manager City of Virginia Beach Attest: By Amanda Barnes, City Clerk City of Virginia Beach 5 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written. CURRITUCK COUNTY, NORTH CAROLINA By Bob White Chairman, Board of Commissioners Attest: By Sandra Hill, Finance Officer This instrument has been pre-audited to the requirements of the Local Government Budget and Fiscal Control Act. 6 Mutual Aid Agreement for Fire and Emergency Medical Services City of Virginia Beach,VA and Currituck County,NC CITY OF VIRGINIA BEACH, VIRGINIA Approved as to content: By Ed Brazle EMS Chief, City of Virginia Beach By David Hutcheson Fire Chief, City of Virginia Beach Approved as to legal sufficiency: By Jessica C. Koepf Public Safety Attorney, City of Virginia Beach CURRITUCK COUNTY,NORTH CAROLINA Approved as to content: By Ralph Melton Fire&EMS Chief, Currituck County, NC Approved as to legal sufficiency: By Donald McRee, Jr. County Attorney, Currituck County, NC 7 AGREEMENT FOR MUTUAL AID EMERGENCY MEDICAL SERVICES ASSISTANCEBETWEEN THE CITY OF VIRGINIA BEACH, VA AND CURRITUCK COUNTY,NC SUMMARY OF TERMS PARTIES: City of Virginia Beach(the "City") Currituck County,NC ("Currituck") PURPOSE OF AGREEMENT: To augment emergency response availability in the Gibbs Woods or Knotts Island area of Currituck County/Virginia Beach and the area of Virginia Beach south of Indian River Road and North Landing Road to Muddy Creek and Back Bay to the North Carolina border. TERM OF AGREEMENT: From date of execution until terminated by either party with 60 days written notice. RESPONSIBILITIES OF CURRITUCK: • Shall be primary responder for emergency medical services ("EMS") for Virginia Beach area of Knotts Island. • Shall be secondary responder for EMS for rural area of Virginia Beach south of Indian River Road from North Landing to Muddy Creek and Back Bay extending to the North Carolina border. RESPONSIBILITIES OF THE CITY: • Shall be primary responder for emergency fire and medical calls for service to the Currituck County area of Gibbs Woods • Shall be secondary responder for emergency fire and medical calls for service to Currituck County area of Knotts Island. SPECIAL TERMS AND CONDITIONS: Insurance: Each party shall be responsible for meeting any insurance requirements. Liability: Each party agrees to hold the other harmless. Virginia Code § 27- 2 expressly states that the parties must indemnify each other. J. PLANNING 1. RITA M. WHALEN & MICHAEL J.WHALEN/RITA M. WHALEN REVOCABLE TRUST for a Variance to Section 4.4(b) of the Subdivision Regulations re recordation of a Subdivision Plat to construct a single-family dwelling at an adjacent parcel North of 3652 North Landing Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. ATLANTIC PARK INC. & THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for Street Closures re various rights-of-way for assemblage of Dome Site property at: a. Portion of South Side of 20th Street between Pacific and Arctic Avenues b. Portion of South Side of 20th Street between Pacific and Baltic Avenues c. Portion of West Side of Artic Avenue between 19th & 20th Streets d. 19th Street between Pacific and Artic Avenue e. All alleys within the block surrounded by Arctic & Baltic Avenues and 19th& 20th Streets DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. CSA VIRGINIA BEACH,LLC/FREEDOM LAND LINVESTMENT, LLC for a Modification of Conditions re indoor recreation facility at 5070 Virginia Beach Boulevard DISTRICT 4—BAYSIDE(Approved September 6, 2017) RECOMMENDATION: APPROVAL 4. BURGER BUSTERS, INC. /BALBOA, LLC for a Modification of Conditions re Special Exception for Alternative Compliance to add decorative feature on building façade and extend drive-through hours at 2902 Pacific Avenue DISTRICT 6—BEACH (Approved May 1, 2018) RECOMMENDATION: APPROVAL 5. LIFE IN HIS WORD CHRISTIAN MINISTRIES/JR MOULTON FAMILY,LLC for a Conditional Use Permit re religious use at Indian River Road,between 6620 & 6608 Indian River Road, 509 feet East of Sandra Lane DISTRICT 2=KEMPSVILLE RECOMMENDATION: APPROVAL 6. BRANDON & SAMANTHA HATHAWAY/BRANDON HATHAWAY & ET AL for a Conditional Use Permit re outdoor recreation facility at 5025 Cullen Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. ROSETTA DENISE CICONTA & KYRUS-PERROS, LLC for a Conditional Use Permit re assembly use at 2014 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. KENDYL TEAGUE/ STEWART INVESTMENTS, LLC for a Conditional Use Permit re beauty salon 613 North Lynnhaven Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 9. GREG S. HORVATH/GREG S. & CAROLYN M. HORVATH for a Conditional Use Permit re home occupation at 2321 Vaughan Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4u l> ; ,fro -'i"``�,i NOTICE OF PUBLIC HEARING A Regular Public Hearing of the Virginia Beach City Council will be held in the Virginia Beach Convention Center,located at 1000 19th Street,Virginia Beach, Virginia 23451,on Tuesday,December 1,2020 at 6:00 p.m.,at which time the following applications will be heard: Life in His Word Christian Ministries(Applicant)JR Moulton Family,LLC(Property Owner)Conditional Use Permit(Religious Use)Address:Vacant Parcel between 6620 & 6608 Indian River Road GPIN(s): 1456055836 Council District Kempsvllle Brandon&Samantha Hathaway(Applicants)Brandon Hathaway&et al(Property Owner)Conditional Use Permit(Outdoor Recreation Facility)Address:5025 Cullen Road GPIN(s):1469937118 Council District Bayside Rosetta Denise Ciconta(Applicant)Kyrus-Perros,LLC(Property Owner)Conditional Use Permit(Assembly Use)Address:2014 Atlantic Avenue GPIN(s):2427184397 Council District Beach CSA Virginia Beach, LLC (Applicant) Freedom Land Investment. LLC (Property Owner) Modification of Conditions Address: 5070 Virginia Beach Boulevard GPIN(s):1467960131 Council District Bayside Greg S. Horvath (Applicant) Greg S.& Carolyn M. Horvath (Property Owners) Conditional Use Permit(Home Occupation)Address:2321 Vaughan Road GPIN(s): 2401167454 Council District Princess Anne Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust(Applicants& Property Owners)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:Adjacent parcel north of 3652 North Landing Road GPIN(s):1483673542 Council District Princess Anne Kendyl Teague(Applicant)Stewart Investments,LLC(Property Owner)Conditional Use Permit(Beauty Salon)Address:613 N Lynnhaven Road GPIN(s):1487897134 Council District Lynnhaven Burger Busters, Inc (Applicant) Balboa, LLC (Property Owner) Modification of Conditions Address:2902 Pacific Avenue GPIN(s):2428014501 Council District Beach Atlantic Park,Inc&City of Virginia Beach Development Authority(Applicants& Property Owners)Street Closures:Portion of south side of 20th Street between Pacific and Arctic Avenues;portion of south side of 20th Street between Arctic and Baltic Avenues; portion of west side of Arctic Avenue between 19th and 20th Streets;portion of 19th Street between Pacific and Arctic Avenues;all alleys in block surrounded by Arctic and Baltic Avenues and 19th and 20th Streets Council District Beach Copies of the proposed plans,ordinances,resolutions and amendments are on file and may be examined by appointment in the Planning Department at 2875 Sabre St.Suite 500,Virginia Beach,VA 23452 or online at htto://www.vbgov.com/pc.For information call 757-385-4621. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httosY/vbgov.webex.com/vhgnv/nnstaee/n nhnnMTlf)=evR6268Re7f03ft 9re9R068aS-I eff e'f$ 2. 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 December 1,2020. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service.Please provide the Virginia Relay operator the login information for the WebEx and the operator will login to allow participation for individuals with hearing disabilities.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. All interested parties are invited to attend. Amanda Barnes City Clerk BEACON-NOVEMBER 15&22,2020-1 TIME EACH ---AG2• '�.'�.!�� / El "(v; 0 AG2 / i /4 AG 1 / fir/ air AG-2 * AG 2 ,o � a) /. AG2 AG2 I, ,� I -)i . i / AG1 T- --- N V i Site Rita M. Whalen & Michael J. Whalen, W (Aft,: F Property_Polygons Co-Trustees under the Rita M. Whalen Revocable Trust s Zoning Adjacent parcel north of 3652 North Landing Road Parking Lot Drive Aisle I. Feet 0 40 80 160 240 320 400 480 Building �SVS'..-...tiHG ;� $S1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: RITA M. WHALEN & MICHAEL J. WHALEN TRUST CO-TRUSTEES UNDER THE RITA M. WHALEN REVOCABLE TRUST [Applicants & Property Owners] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located adjacent and north of 3652 North Landing Road (GPIN 1483673542). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 1, 2020 • Background: The subject property was originally created by deed in May 1973 (DB 1351, PG 466) and recorded in the Office of the Clerk of the Circuit Court in June 1973. At that time, recordation of property required that a plat be put to record. The parcel contains 1.197 acres and exceeded all the dimensional requirements of the "A-R" Agricultural Restricted District at the time it was recorded by deed in 1973; however, the parcel was never the subject of a recorded subdivision plat as required by the Subdivision Regulations. In order to properly record the parcel, a Subdivision Variance is required. ■ Considerations: This request to properly record a parcel that has existed since 1973 by deed is similar to other applications encountered over the years, as it was common practice from the 1950s to the mid-1970s to subdivide land by deed. If approved, the parcel will be developed with a single-family dwelling and will meet current dimensional standards for the AG-2 Agricultural District. The size is consistent with other parcels along this portion of North Landing Road and Winston Avenue. The proposed dwelling will front along Winston Drive, with vehicular access provided from that right-of-way. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On November 4, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion with a recorded vote of 8 to 0 to recommend approval. 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Plat of Ruth B. Wilson," revised June 20, 2020, and prepared by Michael W. Murphy, a Rita M. Whalen & Michael J. Whalen Trust Page 2 of 2 copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. • 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 0 747 City Manager: Applicants & Property Owners Rita M. Whalen & Michael J. Whalen, Agenda Item Co-Trustees under the Rita M. Whalen Revocable Trust Public Hearing November 4, 2020 7 City Council Election District Princess Anne Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval �3 0 d6 Staff Planner Bill Landfair North Landing Road Location Adjacent parcel north of 3652 North Landing , N nyia' o Road e, G PI Ns Ruda 1483673542 Site Size 1.197 acres AICUZ Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District > Pasture/AG-2 Agricultural ,,, k Surrounding Land Uses and Zoning Districts " Roa1 r .P# North # �. . _,,. s 1.1 Cultivated Field/AG-2 Agricultural "" '� ti •, .' South {4 �: • Woodland/AG-2 AgriculturalelireirmOf_ !°;10 ; East `"'�r Woodland/AG-2 Agricultural y�. • M'a fir, West :. ..J:f . 1 Winston Avenue Woodland/AG-2 Agricultural 'i.h l.� 1 : ie r[ Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 1 Background & Summary of Proposal • The subject property was originally created by Deed in May 1973 (DB 1351, PG 466) and recorded in the Office of the Clerk of the Circuit Court in June 1973 after the requirement to subdivide property by plat was in place. • The parcel contains 1.197 acres and exceeded all the dimensional requirements of the "A-R"Agricultural Restricted District at the time it was recorded by deed in 1973; however,the parcel was never the subject of a recorded subdivision plat as required by the Subdivision Regulations. • In order to properly record the parcel, a Subdivision Variance is required to allow the recordation of a Subdivision Plat to construct a single-family dwelling. AG-2 '� No Zoning History to Report 8 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 Section 9.3 of the Subdivision Regulations states that no variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The proposed request for a Subdivision Variance is similar to other applications Staff has encountered over the years. It was not uncommon from the 1950s to the mid-1970s to have land subdivided by deed. This request to properly record Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 2 a parcel that has existed since 1973 by deed is addressing a technical deficiency, not a substantive one, and is recommended for approval. The parcel will be developed with a single-family dwelling and will meet current dimensional standards for the AG-2 Agricultural District. The size is consistent with other parcels along this portion of North Landing Road and Winston Avenue. The proposed dwelling will face Winston Drive, with vehicular access provided from that right-of-way. Proposed elevations for two different models of the dwelling are attached to this report. The final design of the dwelling will utilize similar architectural details and materials as found in the elevations. At the time this report was written, Staff was not aware of any opposition to this request. Based on the considerations described above, Staff recommends approval of the application subject to the condition listed below. Recommended Condition 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning&Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Plat of Ruth B. Wilson," revised June 20, 2020, and prepared by Michael W. Murphy, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. 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.The property lies within the FEMA X flood zone (a low risk flood zone). There are no known significant cultural resources associated with the site. Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Winston Avenue No Data Available) No Data Available' Existing Land Use Z—10 ADT Proposed Land Use 2—10 ADT 'Average Daily Trips 'as defined by one single-family parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Winston Avenue is a two-lane undivided rural minor arterial road. There are no plans to improve this portion of Winston Avenue at this time. Public Utility Impacts Water & Sewer City water and sanitary sewer is not available. Health Department approval is required for private wells and septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on October 5, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 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 October 19, 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 October 29, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22, 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 November 16, 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 November 25, 2020. Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 4 Proposed Development Plan VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 HARN (U.S. SURVEY FOOT) 4,3 g ST �V �So TFRo//NG A t pie<� R s RQq p qe +--}.,p\ f4 t !F q �q ti H e 4 q a q GPIN:1483-67-3542 1 �P6 11• o de e q a -- _ s ette 7 1 qcdI`I :L=nn w a I ,1M +e J t I I k '.._.....L..,.._______ 6> �\ 3°'-+� N •�Z pRop q �.s y °Y*iL: -----... lik,s0. ..... ! i / LOD -$ r ,s' ;ate 21,810 SF &, • q 0.501 AC o 5, t�''' a 1 �No rON AV • ��°9 ptiet/C OF ----...,.I.L.....,e Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 5 Proposed Elevations • . x ,A �P �n is d Lii j j 1 :.,..r:„ •:..,,..•. .i.'":-...'ll'A.— if i fu ' ;TF r IN +~ "The Derring" ,P, f. r na. -":,•-; -- r,'..4k: E 14/ , ! ; . p .Aa' It k; ASS..+. � ir- \.4ft .:' �' z'p iillrl I i Si I II '-‘, - rii ! . ,, .. , ir, " ,. . 4440 "The Engle" Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 6 Site Photos • .w^'Ft a.= AAnd r ,.'. t �,YNT� t • Thy.+ ••, � p �*`4. � ` • • SS i qv Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 7 Disclosure Statement Disclosure Statement Vri3 c.r.f .. Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Rita M.Whalen&Michael J.Whalen,Co-Trustees under the Rita M.Whalen Revocable Trust Does the applicant have a representative? I♦Yes 0 No • II yes,list the name of the representative. R.Eoward Bourdon,Jr.,Esquire(Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ®No • If yes,Ilst the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2.23101 1l Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 8 Disclosure Statement Disclosure Statement Ceu o�Vapba• Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest r the subject land or ary proposed development contingent on the subject public action?0 Yes I No • Is yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes iE No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? II Yes ❑No • If yes,identify the real estate broker/realtor. Leda Ark,Howard Hanna Real Estate 3. Does the applicant have services for accounting and/or preparation of tax returns prov-ded in connection with the subject of the application or any business operating or to be operated on the property?❑Yes l No • If yes,identify the firm or individual provioing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any nosiness operating or to be operated on the property?0 Yes ®No • If yes,identify the firm or individual providing the service. 5 Is t^ere any other pending or proposed purchaser of the subject property?®Yes 0 No • If yes,identify the purchaser and purchaser's service providers. RAW Development Co.,L.L.C.;Rob Wadsworth,Pungo Realty 21 Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement Planning&Ctantnunit� t tf vekspmcnt 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?D Yes ®No • if yes,identify the construction contractor 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the applicaton or any ousiness operating or to be operated on the property?IIP Yes ❑No • if yes,identify the Hngineer/surveyor/agent. American Engineering(Rick Rudiger) 8. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?NE Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. R.Edward Bourdon,Jr.,Esquire(Sykes,Bourdon,Ahem&Levy,P C.) Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled fnr piblic hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBOA,CBPA,Wetlands Board or any public body or committee in connection with this application. 4M/8- Applicant Sign re • _ / j Rita MWhalen,Trustee j t�hfzle fj t /, C S e�- _ - --- Pr me and Title T._ de/ (Date Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to . ' ..iisioit artd City Council meeting that pertains to the applications J rw ch�rgss ar or I lute 1 11/18/2020 9W"°"e ('! ` ----1 Print Name Jonathan Sanders 31 Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Rita M. Whalen & Michael J. Whalen, Co-Trustees under the Rita M. Whalen Revocable Trust Agenda Item 7 Page 11 Item # 7. Rita M. Whalen & Michael J. Whalen Trust [Applicant & Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Adjacent parcel north of 3652 North Landing Road November 4, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, Mr. Inman. The next is item number seven, Rita Whalen, Michael Whalen for Subdivision Variance adjacent to 3652 North Landing Road. Welcome. Mr. Bourdon: Thank you, Mr. Vice Chair. Chairman Oliver, members of Commission for the record Eddie Bourdon Virginia Beach Attorney representing the Whalen's. We appreciate this item being on the consent agenda. The one condition recommended is acceptable to us and want to thank Mr. Landfair as always for his excellent work. Thank you. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, Mrs. Klein is going to read this on the record for us, please. Ms. Klein: Thank you. This Subdivision Variance is requested at the adjacent parcel north of 3652 North Landing Road. The property was originally created by deed in 1970 - May of 1973 and recorded in the Clerk's office in June 1973, after the requirement to subdivide property by plat was in place. The parcel contains just under 1.2 acres and exceeded all the dimensional requirements of the AR district at the time the deed was recorded. However the parcel was never the subject of a recorded subdivision plat as required by the subdivision regulations and the property owners are requesting a subdivision variance to allow recordation of a subdivision plat to construct a single family dwelling. Staff recommends approval and the commissioners concur. Mr. Weiner: Thank you. The next items, item 16 which is Short Term Rental the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the consent agenda as this application meets the applicable requirements of Section 241.2 of the Zoning Ordinance, staff support the application and there is no known opposition for this request for item number 16. So in saying that I move for approval on the consent agenda item 1,2,3,4, 5, 7, 8, 11 and 16. 1 Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair, for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. Ms. Oliver: Are there anymore? All right. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent, Mr. Coston Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent, Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein Ms. Klein: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. Mr. Wall: Aye. Ms. Sandloop: Vice Chairman Weiner Mr. Weiner: Aye Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. 2 Ms. Sandloop: By recorded vote of eight to zero, agenda items number one, number two with conditions as amended, number three, number four with Commissioner Wiener abstaining. Number five with conditions as corrected, number seven, number eight, number 11 and 16 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE • Klein AYE Oliver AYE Redmond AYE Wall AYE • Weiner AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Resubdivision Plat of Ruth B. Wilson," revised June 20, 2020, and prepared by Michael W. Murphy, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 '' '`"°> 1 , • t , 1 - - ....y.,,s, .- ' —3,y60,16),Vsik, . t ..44 AP \ . . , \ (It) ' b. ‘ . 0 .1r4 1 j % 4 • ,� ► V. a z 1� � it r_�" • s� • ¢ ‘‘'''PT 10 K 1 �. ...__ Qcl. 4.0-0c . k.- - ,, '• *EP 1$ - S E i F 11 nue \ 'ft.., ._ _ YamIF ' ',1c..7ii.i.„.1 Lpoti'-,io•'.-'-.^........„:t7ii;;'i i—i• •_•_••—•-•—•••--'-4.'-,,-''-'--' r, .. 'A..., i...t.-- _ , xg .4,4„:y:•. 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L •yraN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) Ordinance Approving Application of Atlantic Park, Inc. and the City of Virginia Beach Development Authority for the Closure of a Portion of the South Side of 20th Street between Pacific & Arctic Avenues; a Portion of the South Side of 20th Street between Arctic & Baltic Avenues and a Portion of the West Side of Arctic Avenue Between 19th & 20th Streets 2) Ordinance Approving Application of Atlantic Park, Inc. and the City of Virginia Beach Development Authority for the Closure of 19th Street Between Pacific & Arctic Avenues and All Alleys Within the Block Surrounded by Arctic & Baltic Avenues and 19th & 20th Streets MEETING DATE: December 1, 2020 Background: Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the "Applicants") have requested to close portions of various rights-of-way totaling 1.34 acres (the "Rights-of-Way") adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority. Once closed, the Rights-of-Way will be incorporated into the adjoining parcels to create continuous blocks for development. The proposed street closures are needed to accommodate a development proposal for a multi-block, mixed-use development, an entertainment venue, and a large outdoor Wave Park for surfing (the "Project"). The Rights-of-Way can be separated into two categories. The first category includes limited portions of 20th Street and Arctic Avenue where they abut the Project. A full closure (above and below ground) is needed where buildings would overlap a portion of the street. A subjacent closure (underground only) is needed to accommodate underground foundations and pilings. The ground and air above the subjacent closures will remain public right-of-way. The City of Virginia Beach (the "City") owns the fee interest in this category of rights-of-way proposed for closure. The second category includes the full width of 19th Street between Pacific and Arctic Avenues and all alleys within the block surrounded by Arctic and Baltic Avenues and 19th and 20th Streets. A closure of these areas is needed to accommodate the Project. The City of Virginia Beach Development Authority owns the fee interest in this category of rights-of-way proposed for closure. Two Ordinances are being presented because approval to close the areas where the City owns the underlying fee requires a supermajority vote, while the areas where the City of Virginia Beach Development Authority owns the underlying fee can be closed with a simple majority vote. Atlantic Park, Inc. & City of Virginia Beach Development Authority Page 2 of 3 • Considerations: A Viewers' Meeting was held on October 19, 2020 and it was recommended that additional detailed studies and analyses be performed to determine what roadway and infrastructure improvements will be required to support the proposed development. These studies include, but are not limited to, a Traffic Impact Study (TIS), sight distance analyses, and detailed site plan review (the "Studies"). Therefore, the recommended conditions below require the Applicants to provide the Studies and the improvements deemed necessary as a result of the Studies. If necessary, the Applicants may be required to adjust or modify the areas proposed for closure. If the Applicants cannot fulfill the conditions, approval of the subject request for closures will be null and void. There is no known opposition to the request. • Recommendation: On November 4, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request to the City Council with the following conditions. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the Rights-of-Way into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the Rights-of-Way to the City if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall submit a Traffic Impact Study ("TIS") and Site Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the Applicants shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached to the Ordinance, subject to the approval by the Department of Public Works. 4. The Applicants shall, in accordance with the Public Utilities Design Standards Manual and to the extent agreed upon by the City, abandon all public water and sanitary sewer infrastructure within the area of 19th Street to be closed. 5. The Applicants shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 20th Street and Arctic Avenue if determined by the City that the said infrastructure will be impacted by the Atlantic Park, Inc. & City of Virginia Beach Development Authority Page 3 of 3 street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the Applicants, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 6. The Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Rights-of-Way. If private utilities do exist, easements satisfactory to the utility company, must be provided. 7. Closure of the Rights-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the Rights-of-Way, this approval shall be considered null and void. • Attachments: Ordinance Staff Report Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager: 1 ORDINANCE APPROVING APPLICATION OF ATLANTIC 2 PARK, INC. AND THE CITY OF VIRGINIA BEACH 3 DEVELOPMENT AUTHORITY FOR THE CLOSURE OF A 4 PORTION OF THE SOUTH SIDE OF 20TH STREET 5 BETWEEN PACIFIC & ARCTIC AVENUES; A PORTION 6 OF THE SOUTH SIDE OF 20TH STREET BETWEEN 7 ARCTIC & BALTIC AVENUES AND A PORTION OF THE 8 WEST SIDE OF ARCTIC AVENUE BETWEEN 19TH & • 9 20TH STREETS 10 11 WHEREAS, Atlantic Park, Inc. and the City of Virginia Beach Development 12 Authority (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, 13 to have the hereinafter described portions of rights-of-way discontinued, closed, and 14 vacated; and 15 16 WHEREAS, it is the judgment of the Council that said right-of-way be 17 discontinued, closed, and vacated, subject to certain conditions having been met on or 18 before one (1) year from City Council's adoption of this Ordinance. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 SECTION I 24 25 That the hereinafter described portions of rights-of-way (the "Rights-of-Way") be 26 discontinued, closed and vacated, subject to certain conditions being met on or before 27 one (1) year from City Council's adoption of this ordinance: 28 29 AREA ONE (Total of 3,260 Sq. Ft. / 0.07 Ac.): 30 ALL THAT certain piece or parcel of land situate, lying and being 31 in the City of Virginia Beach, Virginia, designated and described as 32 "5' ABOVEGROUND STREET CLOSURE 1,010 S.F. (0.02 AC.)", 33 shown as the hatched area on Sheet 1 of that certain street 34 closure exhibit entitled: "ATLANTIC PARK VIRGINIA BEACH 35 VIRGINIA", dated October 22, 2020, prepared by Kimley Horn, a 36 copy of which is attached hereto as Exhibit A. 37 38 ALL THAT certain piece or parcel of land situate, lying and being 39 in the City of Virginia Beach, Virginia, designated and described as 40 "4.5' UNDERGROUND STREET CLOSURE 2,250 S.F. (0.05 41 AC.)", shown as the shaded area on Sheet 1 of the aforesaid 42 Exhibit A. 43 44 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 45 (Adjacent GPINs: 2427-17-0853, 2427-07-7707, 46 2427-07-6990, 2427-07-6808, 2427-07-5863, 47 2427-07-5737, 2427-07-4883, 2427-07-4757, 48 2427-07-4802, 2427-07-3767 and 2427-07-2890) 49 AREA TWO (Total of 2,742 Sq. Ft. / 0.06 Ac.): 50 ALL THAT certain piece or parcel of land situate, lying and being in 51 the City of Virginia Beach, Virginia, designated and described as 52 "11.4' ABOVEGROUND STREET CLOSURE AREA 2,333 S.F. 53 (0.05 AC.)", shown as a hatched area on Sheet 2 of the aforesaid 54 Exhibit A. 55 56 ALL THAT certain piece or parcel of land situate, lying and being in 57 the City of Virginia Beach, Virginia, designated and described as "2' 58 UNDERGROUND STREET CLOSURE AREA 409 S.F. (0.01 AC.)", 59 shown as a shaded area on Sheet 2 of the aforesaid Exhibit A. 60 61 AREA THREE (Total of 5,800 Sq. Ft./0.13 Ac.): 62 ALL THAT certain piece or parcel of land situate, lying and being in 63 the City of Virginia Beach, Virginia, designated and described as 64 "VARIABLE WIDTH ABOVEGROUND STREET CLOSURE 1,750 65 S.F. (0.04 AC.)", shown as a hatched area on Sheet 2 of the 66 aforesaid Exhibit A. 67 68 ALL THAT certain piece or parcel of land situate, lying and being in 69 the City of Virginia Beach, Virginia, designated and described as 70 "8.1' UNDERGROUND STREET CLOSURE 4,050 S.F. (0.09 AC.)", 71 shown as a shaded area on Sheet 2 of the aforesaid Exhibit A. 72 73 SECTION II 74 75 The following conditions must be met on or before one (1) year from City 76 Council's adoption of this ordinance: 77 78 1. The City Attorney's Office will make the final determination regarding 79 ownership of the underlying fee. The purchase price to be paid to the City is 80 normally determined according to the "Policy Regarding Purchase of City's 81 Interest in Streets Pursuant to Street Closures," approved by City Council. 82 However, no purchase price shall be charged for this street closure because 83 the City of Virginia Beach Development Authority is an applicant seeking this 84 street closure. 85 86 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide 87 the properties and vacate internal lot lines to incorporate the Rights-of-Way 88 into the adjoining parcels. The resubdivision plats must be submitted and 89 approved for recordation prior to the final street closure approval. Said plats 90 shall include the dedication of a public drainage easement over the Rights- 91 of-Way to the City if it is determined by the Department of Public Works to be 92 necessary, subject to the approval of the Department of Public Works, and 93 the City Attorney's Office, which easement shall include a right of reasonable 94 ingress and egress. 95 3. The Applicants shall submit a Traffic Impact Study ("TIS") and Site Distance 96 Analysis to be reviewed by the Traffic Engineer for the Department of Public 97 Works prior to the final approval of the street closure. Based upon the results 98 of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the 99 Applicants shall, if necessary, adjust or modify the areas proposed for 100 closure to areas no greater than what is described herein and shown on the 101 exhibit attached to the Ordinance, subject to the approval by the Department 102 of Public Works. 103 104 4. The Applicants shall, in accordance with the Public Utilities Design 105 Standards Manual and to the extent agreed upon by the City, abandon all 106 public water and sanitary sewer infrastructure within the area of 19th Street 107 to be closed. 108 109 5. The Applicants shall cause to be relocated public water and sanitary sewer 110 infrastructure adjacent to the areas to be closed along or within 20th Street 111 and Arctic Avenue if determined by the City that the said infrastructure will be 112 impacted by the street closure in a way that causes the location of the 113 infrastructure, in relation to improvements proposed by the Applicants, to 114 present an unacceptable risk to the City or the City's ability to maintain said 115 infrastructure. 116 117 6. The Applicants, or the Applicants' successors or assigns, shall verify that no 118 private utilities exist within the Rights-of-Way. If private utilities do exist, 119 easements satisfactory to the utility company, must be provided. 120 121 7. Closure of the Rights-of-Way shall be contingent upon compliance with the 122 above stated conditions within 365 days of approval by City Council. If the 123 conditions noted above are not accomplished and the final plats are not 124 approved for recordation within one year of the City Council vote to close the 125 Rights-of-Way, this approval shall be considered null and void. 126 127 128 SECTION III 129 130 1. If the preceding conditions are not fulfilled on or before November 30, 131 2021, this Ordinance will be deemed null and void without further action by the City 132 Council. 133 134 2. If all conditions are met on or before November 30, 2021, the date of final 135 closure is the date the street closure ordinance is recorded by the City Attorney. 136 137 3. In the event the City of Virginia Beach has any interest in the underlying 138 fee, the City Manager or his designee is authorized to execute whatever documents are 139 requested, if any, to convey such interest, provided said documents are approved by 140 the City Attorney's Office. 141 SECTION IV 142 143 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 144 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 145 VIRGINIA BEACH as "Grantor" and ATLANTIC PARK, INC. and THE CITY OF 146 VIRGINIA BEACH DEVELOPMENT AUTHORITY, collectively as "Grantee". 147 148 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 149 of , 2020. 150 151 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 152 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 - Planning Depa ment City Art ney f,r A CA15191(A) \\vbgov.com'dfs 1\applications\citylaw\cycom32\wpdocs\d006\p031\00612218.doc R-1 November 19, 2020 LEGEND NAB 1983 v///� ABOVEGROUND PACIFIC AVENUE (60' R/W) (1993 HARN) 41- STREET CLOSURE — — — — Ilk t O UNDERGROUND N13'50'02"W N 2 STREET CLOSURE 9.5' I sN 5' ABOVEGROUND STREET CLOSURE �� I " 1,010 S.F. (0.02 AC.) TOTAL STREET 1 CLOSURE AREA 3,260 S.F. (007 AC.) 101 I — — I d — — — °° g^ -0 — — I I 0 0 I ono i`i3 JE so b co I— W /Ui J w in In I- ---- — Lw.I p cn--- — — — — — — w I- (I— r0 n I n/ Z Z CO ,. 1- I = la g- PROPERTY OF _.- I ~o —VIRGINIA BEACH DEVELOPMENT AUTHORITY— _ N 2427-17-0853 - ~ (IN. (DEED) 20190212000114390) w tdo 4.5' UNDERGROUND _ _ I STREET CLOSURE 2,250 S.F. (0.05 AC.) J o°r I S- 1 �p,LTH 01,D I ?), /,ttivet.14-.. V 4 % 0 N13'50'03"W c— LAURENCE N. BENSON / 9,5' / Lic. No. 0402057884 0 — — — — — — ' , 10/22/2020 w7 ARCTIC AVENUE 60' R/W GRAPHIC SCALE IN FEET 4> �. ( 0 30 60 120 I 1 s`�ZONAL ��G STREET CLOSURE ATLANTIC PARK Kimley*>Horn EXHIBIT A - SHEET 1 AI 01ET. SUITEORN µo "�NC. 4525 MAIN STREET, 1000,VIRGINIA BEACH, VA 23462 PHONE: 757-213-8600 FAX 757-213-8601 VIRGINIA BEACH VIRGINIA WWI/.KIMLEY-HORN.COM - - a I - - — _1 - - / LEGEND ARCTIC AVENUE (60' R/W) NAD 1983 / _ ABOVEGROUND (1993 EARN) �� o 2 /�� STREET CLOSURE N76'29'05"E ` p UNDERGROUND �13 4, N13'51'32"W 204.6' — N76'08'28"E 7�7 13.4' _ STREET CLOSURE /[!/ N13'51'32"W 95.6'--I NOTE: N13'51'32"W 194.6' r SEE SHEET 4 FOR LOT OWNER INFORMATION 11.4' ABOVEGROUND I STREET CLOSURE AREA N13'S1'32"W 2' UNDERGROUND 101' I 2,333 S.F. (0.05 AC.) STREET CLOSURE AREA I TOTAL STREET CLOSURE AREA 409 S.F. (0.01 AC.) I 0 I 2,742 S.F. (0.06 AC.) I o VARIABLE WIDTH I�'� I N ABOVEGROUND w STREET CLOSURE QTHRU 18 PORTION OF 9 M 1,750 S.F. (0.04 AC.) I ( coo I 0 0 — — oGRAP3HIC SCGALE IN FEE;20 z I imimil I 8.1' UNDERGROUND o STREET CLOSURE 0 o 4,050 S.F. (0.09 AC.) 0 N76'08'28"E N76'08'28"E © 3 10.0' 203 10.0' N13'51'32"W 290.2' N o /////// 1�" // ///�:v O N13'51'33"W 140.0' N13'51'26"W 130.2' to t; NI N CO0 0 o 0 11 cc co O I— 1 °p W I Ct I— z co I ! 10 W Cl) co ^ /aN IY = /z — — o z O N © co TOTAL STREET CLOSURE AREA 1- w 6,200 S.F. (0.14 AC.) I O co — — Co TOTAL STREET co 0 CLOSURE AREA 5,800 S.F. (0.13 AC.) z N13'51'32"W 140.0'0./ n/ � LTH N76'08'28"E o�4$ �'bf o.o' ® 0 0 `r O N O fftYtt4AN'.. 11 4 ��, ;)N I I I w LAURENCE N. BENSON !�N I I I 'r' I cofa .11' Lic. No. 0402057884�4 p 0 0 z p� 10/22/2020 A o z N13'51'32"W 1 i � � �ss 13.1' /ONAL E� BALTIC AVENUE (60' R/W) STREET CLOSURE ATLANTIC PARK Kimsey* Horn EXHIBIT A - SHEET 2 m 2020 -�MO A� 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH, VA 23462 VIRGINIA BEACH VIRGINIA PHONE: 757-213-8600 FAX 757-213-8601 WWW.KIMLEY-HORN.COM N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6990 2427-07-3705 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) QTHRU @PORTION OF 19 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-7707 • 2427-07-3711 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 0 ®® N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6808 2427-07-3669 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5863 2427-07-3536 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 0 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5737 2427-07-4517 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4883 2427-07-4645 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) ® N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4757 2427-07-4691 (IN. (DEED 20190212000114390) (IN. (DEED) 20190212000114390) 10 11 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4802 2427-07-5625 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) st,LTH O N/F N/F Gr VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-3767 2427-07-3660 tf:Yit '✓ n►� (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) LAURENCE N. BENSON Lk. No. 0402057884 vek 10 22 2020 4' N/F ��, w VIRGINIA BEACH DEVELOPMENT AUTHORITY �' ♦ 2427-07-2890 SS1 ONA L - (IN. (DEED) 20190212000114390) STREET CLOSURE ATLANTIC PARK Kimley)>)Horn EXHIBIT A - SHEET 3 C 2020 KNIE_ , ASSOCIATES,INC. 4525 MAIN STREET, SUITEE 10 1000 VIRGINIA BEACH, VA 23462 PHONE: 7 VIRGINIA BEACH VIRGINIA 5 IIM60 757-213-8601 EY-HORN.COM K 1 ORDINANCE APPROVING APPLICATION OF 2 ATLANTIC PARK, INC. AND THE CITY OF 3 VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 FOR THE CLOSURE OF 19TH STREET BETWEEN 5 PACIFIC & ARCTIC AVENUES AND ALL ALLEYS 6 WITHIN THE BLOCK SURROUNDED BY ARCTIC 7 & BALTIC AVENUES AND 19TH & 20TH STREETS 8 9 WHEREAS, Atlantic Park, Inc. and the City of Virginia Beach Development 10 Authority (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, 11 to have the hereinafter described portions of rights-of-way discontinued, closed, and 12 vacated; and 13 14 WHEREAS, it is the judgment of the Council that said right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portions of rights-of-way (the "Rights-of-Way") be 24 discontinued, closed and vacated, subject to certain conditions being met on or before 25 one (1) year from City Council's adoption of this ordinance: 26 27 AREA ONE: 28 ALL THAT certain piece or parcel of land situate, lying and being 29 in the City of Virginia Beach, Virginia, designated and described as 30 "STREET CLOSURE AREA 40,377 S.F. (0.93 AC.)", shown as the 31 hatched area on Sheet 1 of that certain street closure exhibit 32 entitled: "ATLANTIC PARK VIRGINIA BEACH VIRGINIA", dated 33 October 22, 2020, prepared by Kimley Horn, a copy of which is 34 attached hereto as Exhibit A. 35 36 AREA TWO: 37 ALL THAT certain piece or parcel of land situate, lying and being in 38 the City of Virginia Beach, Virginia, designated and described as 39 "TOTAL STREET CLOSURE AREA 6,200 S.F. (0.14 AC.)", shown 40 as a hatched area on Sheet 2 of the aforesaid Exhibit A. 41 42 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 43 (Adjacent GPINs: 2427-17-0853, 2427-17-2611, 44 2427-07-9524, 2427-07-7707, 2427-07-5863, 45 2427-07-5737, 2427-07-4883, 2427-07-4757, 46 2427-07-4802, 2427-07-3767, 2427-07-3669, 47 2427-07-4517, 2427-07-4645, 2427-07-4691, 48 ad 2427-07-5625) 49 SECTION II 50 51 The following conditions must be met on or before one (1) year from City 52 Council's adoption of this ordinance: 53 54 1. The City Attorney's Office will make the final determination regarding 55 ownership of the underlying fee. The purchase price to be paid to the City is 56 normally determined according to the "Policy Regarding Purchase of City's 57 Interest in Streets Pursuant to Street Closures," approved by City Council. 58 However, no purchase price shall be charged for this street closure because 59 the City of Virginia Beach Development Authority is an applicant seeking this 60 street closure. 61 62 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide 63 the properties and vacate internal lot lines to incorporate the Rights-of-Way 64 into the adjoining parcels. The resubdivision plats must be submitted and 65 approved for recordation prior to the final street closure approval. Said plats 66 shall include the dedication of a public drainage easement over the Rights- 67 of-Way to the City if it is determined by the Department of Public Works to be 68 necessary, subject to the approval of the Department of Public Works, and 69 the City Attorney's Office, which easement shall include a right of reasonable 70 ingress and egress. 71 72 3. The Applicants shall submit a Traffic Impact Study ("TIS") and Site Distance 73 Analysis to be reviewed by the Traffic Engineer for the Department of Public 74 Works prior to the final approval of the street closure. Based upon the results 75 of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the 76 Applicants shall, if necessary, adjust or modify the areas proposed for 77 closure to areas no greater than what is described herein and shown on the 78 exhibit attached to the Ordinance, subject to the approval by the Department 79 of Public Works. 80 81 4. The Applicants shall, in accordance with the Public Utilities Design 82 Standards Manual and to the extent agreed upon by the City, abandon all 83 public water and sanitary sewer infrastructure within the area of 19th Street 84 to be closed. 85 86 5. The Applicants shall cause to be relocated public water and sanitary sewer 87 infrastructure adjacent to the areas to be closed along or within 20th Street 88 and Arctic Avenue if determined by the City that the said infrastructure will be 89 impacted by the street closure in a way that causes the location of the 90 infrastructure, in relation to improvements proposed by the Applicants, to 91 present an unacceptable risk to the City or the City's ability to maintain said 92 infrastructure. 93 94 6. The Applicants, or the Applicants' successors or assigns, shall verify that no 95 private utilities exist within the Rights-of-Way. If private utilities do exist, 96 easements satisfactory to the utility company, must be provided. 97 7. Closure of the Rights-of-Way shall be contingent upon compliance with the 98 above stated conditions within 365 days of approval by City Council. If the 99 conditions noted above are not accomplished and the final plats are not 100 approved for recordation within one year of the City Council vote to close the 101 Rights-of-Way, this approval shall be considered null and void. 102 103 SECTION III 104 105 1. If the preceding conditions are not fulfilled on or before November 30, 106 2021, this Ordinance will be deemed null and void without further action by the City 107 Council. 108 109 2. If all conditions are met on or before November 30, 2021, the date of final 110 closure is the date the street closure ordinance is recorded by the City Attorney. 111 112 3. In the event the City of Virginia Beach has any interest in the underlying 113 fee, the City Manager or his designee is authorized to execute whatever documents are 114 requested, if any, to convey such interest, provided said documents are approved by 115 the City Attorney's Office. 116 117 SECTION IV 118 119 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 120 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 121 VIRGINIA BEACH as "Grantor" and ATLANTIC PARK, INC. and THE CITY OF 122 VIRGINIA BEACH DEVELOPMENT AUTHORITY, collectively as "Grantee". 123 124 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 125 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -r ?i 7.0k-/ -1),L Cat, :_, . 1._,--k3;k Planning De rtment City Att• •For AWZ CA15191(B) \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p03 I\00612218.doc R-1 November 19, 2020 PACIFIC AVENUE (60' R/W) pLTH p / 0 N13'50'00"W G'r 0 80.0' g;AJAW 10 4 1. LAURENCE N. BENSON Lic. No. 0402057884 o M '�4 10/22/2020�47 4)SSI STREET CLOSURE AREA ONAL ECG, 40,377 S.F. (0.93 AC.) I El 8 o PROPERTY OF I VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-17-2611 E or- (IN. (DEED) 20190212000114390) o� o Q M � N — — 0w p O O O� r rn W%b W I oN O ~02 w rn Oincco v oN Z/w�/ Z d2N p / C[ o s^ � I LEGEND OVEGROUND I m() /// Q � I // STREET CLOSURE I > ,— t2 PROPERTY OF VIRGINIA BEACH I DEVELOPMENT AUTHORITY I 2427-17-0516 o I (IN. (DEED) 20190212000114390) PROPERTY OF o^ VIRGINIA BEACH DEVELOPMENT AUTHORITY I 2427-07-9524 I NAD 1983 (IN. (DEED) 20190212000114390) I (1993 HARN) az- i.... o i N23128.3'0,'9'58"E 2 - - - - - — N13'49'16"W 120.0' N58'50'02"W ARCTIC AVENUE GRAPHIC SCALE IN FEET 28.3' 0 30 60 120 (60 R/W) STREET CLOSURE ATLANTIC PARK Kimley >>Horn EXHIBIT A - SHEET 1 ° 0 10 DOYLEY-HORN A"° '" INC. 4525 MAIN STREET,SUITE 1000, VIRGINIA BEACH, VA 23462 PHONE: 757-213-8600 FAX: 757-213-8601 VIRGINIA BEACH VIRGINIA WWW.KIMLEY-HORN.COM — — a l — — — _1 — — / LEGEND ARCTIC AVENUE (60' R/W) NAD 1983 / ABOVEGROUND (1993 HARN) ,,_ /�� STREET CLOSURE N76'29'05"E UNDERGROUND / 13.4' N13'51'32"W 204.6' N76'08'28"E ` 2 —. --.— STREET CLOSURE —� �i�l/ —13.4' N13'51'32"W 95.6'-•-{ NOTE: N13'51'32"W 194.6' '- SEE SHEET 4 FOR LOT OWNER INFORMATION 11.4' ABOVEGROUND I N13'51'32"W STREET CLOSURE AREA 2' UNDERGROUND 10.1' ! 2,333 S.F. (0.05 AC.) STREET CLOSURE AREA I 0 TOTAL STREET CLOSURE AREA 409 S.F. (0.01 AC.) I 0 I 2,742 S.F. (0.06 AC.) I o o VARIABLE WIDTH I cv ABOVEGROUND 0 w STREET CLOSURE _ 1,750 S.F. (0.04 AC.) HRU 18 PORTION OF 19 M ®T co I O c0 N I 0 °® - - OGRAP3HIIC SCALE IN FEET 20 z I 8.1' UNDERGROUND "Af d I STREET CLOSURE I - o 4,050 S.F. (0.09 AC.) 0 N76'08'28"E ' I N76'08'28"E ® 3 10.0' N13'51'32"W 290.2' 10.0' Co I b /////// 2J i7/ ///�:, o a N13'51'33"W 140.0' N13'51'26"W 130.2' cO ^I :— CO 0 M ( 11 N I— - - 1 °,. sN ILL IY N co co o °p ! ® 10 • w I (I') N — — /18 N I- I I /z o Z 0 (j i O ® co TOTAL STREET CLOSURE AREA F- w 6,200 S.F. (0.14 AC.) I 0) N TOTAL STREET © P O CLOSURE AREA co 8 z 5,800 S.F. (0.13 AC.) �/ N13'51'32"W 140.0' pLTH p Dj N76'08'28"E of 10.0' ® (1> b •p o 'fir o O _ _ ' N e(YeaPits ,0 L., , LAURENCE N. BENSON d I I � I N CO Lic. No. 0402057884 0 co Q' N /p, 10/22/2020 w� N13'S1'32—"WL 1 zl4`SS 1G — 1`� I1, ..,___-zi-! 13.1' - IDNAL BALTIC AVENUE (60' R/W) STREET CLOSURE ATLANTIC PARK KimIey> Horn EXHIBIT A - SHEET 2 m 2020 NS/LEY-HORN NIO SATE I 4525 MAIN STREET, SUITE 1000. NRUINIA BEACH, VA 23462 VIRGIN IA BEACH VIRGIN IA PHONE: 757-213-8600 FAX: 757-213-8601 WWW.KIMLEY-HORN.COM 0 0 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6990 2427-07-3705 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) @THRU 1 8 PORTION OF 1 9 O N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-7707 2427-07-3711 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 0 O N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6808 2427-07-3669 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) C 0 0 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5863 2427-07-3536 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) O N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5737 2427-07-4517 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4883 2427-07-4645 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) O N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4757 2427-07-4691 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) © 10 11 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4802 2427-07-5625 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390)1pyTH OF L 0� f� N/F N/F �1+ Gf VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY /1 2427-07-3767 2427-07 3660 O YN C N. (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) LAURENCE N. BENSON Lic. No. 0402057884 S " 10 22 2020 w N/F O� �w VIRGINIA BEACH DEVELOPMENT AUTHORITY 1 2427-07-2890 �SIONAL �'�G (IN. (DEED) 20190212000114390) STREET CLOSURE ATLANTIC PARK Kimley>>Horn EXHIBIT A - SHEET 3 C pp Y-HORN AND ASSOCI INC. 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH, VA 23462 PHONE: 757-213-8600 FAX: 757-213-8601 VIRGINIA BEACH VIRGINIA WN^N.KIMLEY-HORN.COM Applicants & Property Owners Atlantic Park, Inc. & City of Agenda Item Virginia Beach Development Authority Public Hearing November 4, 2020 City of City Council Election District Beach Virginia Beach Request Street Closures Portion of the south side of 20th Street between Pacific&Arctic Avenues $` -0 _��: \ ': ,th stye H .tp Portion of the south side of 20th Street between ' = r `hit' Arctic& Baltic Avenues ,, rop; 1 ' 11114,, Portion of the west side of Arctic Avenue ' 11111 ....... between 19th& 20th Streetsiii4. ► 26` for 104 19th Street between Pacific &Arctic Avenues '6` 4� 1 t9th� . 1, � G t All alleys within the block surrounded by Arctic ,sh5tte� sttge` v tlth Ha tt6cach Boyte & Baltic Avenues and 19th & 20th Streets vt,9'"`a _ \___.. , n Sro Meat011 , Staff Recommendation Approval _.., I \ Staff Planner Ashby Moss Location 19th& 20th Streets;Arctic, Baltic& Pacific Avenues ►' • Site Size 1.34 acres - AICUZ _ ..�• -, e - — 65-70 dB DNL; Sub-Area 1 ,=- `t s„eet •. Oth t Watershed 4 t ,•-.;,.`" D + Atlantic Ocean &Chesapeake Bay ., Existing Land Use and Zoning District r. 9`"5`fee� a ,aS Improved streets, unimproved alleys/OR , `,As '' -tea r� Oceanfront Resort '✓ , ''` .` •�; ; Surrounding Land Uses and Zoning Districts 4 Ai-- �8th st,." North/South/East/West 4. .4 ; r �._.., o Municipal parking lots;vacant land temporarily ;._. ° 0 used for construction layout; dwellings; civic uses/OR Oceanfront Resort Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting to close portions of various rights-of-way on an assemblage of property owned by the City of Virginia Beach Development Authority. This area, which has been referred to as the "Dome Site," consists of the two blocks between 18th and 20th Streets and Pacific to Arctic Avenues and the block between 19th and 20th Streets and Arctic to Baltic Avenues. If approved,the closed rights-of-way will become property of the City of Virginia Beach Development Authority, who will then enter into a long-term lease of the combined "Dome Site" property with the developer. • The applicant will submit a future request for a Special Exception for Alternative Compliance once a more detailed site layout and architectural design have been completed. Since the street closures determine the ultimate boundaries of the project which in turn drive the project design,the outcome of this Street Closure request is necessary before more detailed design work can begin. • The proposed street closures are separated into two categories. The first category includes limited portions of 20th Street and Arctic Avenue where they abut the applicant's development proposal. A full closure (above and below ground) is needed where buildings are proposed that overlap the right-of-way. A subjacent closure (underground only) is needed beyond that to accommodate underground foundations and pilings. The ground and air above the subjacent closures will remain public right-of-way. The City of Virginia Beach owns the fee interest in these rights-of- way proposed for closure. • The second category includes the full width of 19th Street between Pacific and Arctic Avenues and all of the alleys within the block surrounded by Arctic and Baltic Avenues and 19th and 20th Streets. A full closure of these rights-of- way is needed to accommodate the applicant's development proposal. The areas will be combined with the Development Authority-owned surrounding property to create continuous blocks for development. The City of Virginia Beach Development Authority owns the fee interest in these rights-of-way proposed for closure. Description Full Closure Subjacent Total Area (Underground) Closure Only Sheet 1-19th Street between 80-foot right-of-way (full width) n/a Pacific and Arctic Avenues 40,377 square feet 40,377 square feet (0.93 acres) (0.93 acres) Sheet 2-south side of 20th Street 5 feet 4.5 feet between Pacific and Arctic Avenues 1,010 square feet 2,250 square feet 3,260 square feet (300 block) (0.02 acres) (0.05 acres) (0.07 acres) Sheet 3-south side of 20th Street 2 feet increasing to 5 feet 8.1 feet between Arctic and Baltic Avenues 1,750 square feet 4,050 square feet 5,800 square feet (400 block) (0.04 acres) (0.09 acres) (0.13 acres) Sheet 3-west side of Arctic Avenue 11.4 feet 2 feet between 19th and 20th Streets 2,333 square feet 409 square feet 2,742 square feet (0.05 acres) (0.01 acres) (0.06 acres) Sheet 3-alleys within the block 10-foot and 20-foot alleys (full width) n/a surrounded by Arctic and Baltic 6,200 square feet 6,200 square feet Avenues and 19th and 20th Streets (1.44 acres) (0.14 acres) Combined Total 58,379 square feet (1.34 acres) Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 2 oR Lim J_ `_ Zoning History I # Request n 1 CUP(Commercial Parking Lot)Approved 12/09/1985 d.vR' �, o 2 CUP(Church Addition)Approved 05/12/1998 i 1 ..„.::::.,a:, ' .' CUP(Church Expansion)Approved 05/25/2010 .•, ` 5 � �«�- 3 3 CUP(Short Term Rental)Approved 06/10/2020 t ; I a�, a 4 CUP(Commercial Parking Lot)Approved 04/09/2002 OR %' Ti S 5 CUP(Commercial Parking Lot)Approved 01/22/2013 `�!! �� 6 CUP(Commercial ParkingLot)Approved 08/23/2011 6--A.`� t f� fi PP y/ MOD(Commercial Parking Lot)Approved 11/13/2012 1 7 NON(Enlargement of Nonconforming Use)Approved ;oR-" �x\ 03/10/1998 \N.': \ \ r•3 ';� 8 ALT(Special Exception)Approved 05/14/2013 oD Rl ''' `J`� '"`"gam _ 9 SVR&ALT(Alley Frontage)Approved 10/08/2013 ` °R 1 10 CUP(3 Short Term Rentals)Approved 07/15/2020 11 CUP(4 Short Term Rentals)Approved 08/26/2020 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 As required by City Code,a Viewers' Meeting was held on October 19, 2020,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development,and the Office of the City Attorney,to consider these requests.The Viewers recognize that additional detailed studies and analyses are needed to determine what roadway and infrastructure improvements will be required to support the proposed development. These studies include, but are not limited to,a Traffic Impact Study(TIS),sight distance analyses,and detailed site plan review.Therefore,the recommended conditions below require the applicant to provide these studies and the improvements deemed necessary based on the information the studies provide. If necessary,the applicant may be required to adjust or modify the areas proposed for closure. If the applicant cannot fulfill the conditions,the street closure approval is considered null and void. Portions of the street closure along 20th Street and Arctic Avenue are in areas that are not currently improved. No significant impact will be realized from these closures on the existing vehicular or pedestrian movement. With the exception of 19th Street between Pacific and Arctic Avenues,which is needed to accommodate the surf lagoon, any improvements impacted by the closure will be replaced with new streetscapes as part of the new development. With these added conditions,the Viewers determined that the proposed closures will not result in a public inconvenience.Therefore, closure of these portions of the rights-of-way is deemed acceptable. Based on the considerations above,Staff recommends approval of the proposed Street Closures subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City is normally determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 3 street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The applicant,or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the adjoining parcels.The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval.Said plats shall include the dedication of a public drainage easement over the closed portions of the alley or lanes to the City of Virginia Beach if it is determined by the Department of Public Works to be necessary,subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall submit a Traffic Impact Study("TIS")and Site Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the TIS and Site Distance Analysis,the applicant shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached hereto,subject to the approval by the Department of Public Works. 4. The applicant shall, in accordance with the Public Utilities Design Standards Manual and to the extent agreed upon by the City, abandon all public water and sanitary sewer infrastructure within the area of 19th Street to be closed. 5. The applicant shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 20th Street and Arctic Avenue if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the applicant,to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 6. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the rights-of- way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 7. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way,this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is within the Resort Strategic Growth Area (SGA)as designated by the Comprehensive Plan. Adopted by City Council on June 2, 2020, RASAP 2030 is a strategic plan that establishes new goals for the Resort SGA in the next decade.The vision for the Resort SGA is to identify and implement public amenities and infrastructure improvements and update codes,guidelines,and city review processes to encourage private development,enabling the Virginia Beach Resort Area to become a diverse,world-class,year-round coastal community for residents and visitors. Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 4 RASAP 2030 identifies multiple sub-districts of the Resort SGA. Each of these districts has its own distinct character which,through additional placemaking efforts aimed at further distinguishing each district,will be the key to a diverse resort area that has something for everyone to enjoy year-round. The subject site is in the Central Beach District,which encompasses the 21'Street Gateway,the growing ViBe Creative District,the Virginia Museum of Contemporary Art(MOCA)and 19th Street(which is planned to be a key multimodal corridor). Traffic Impacts Traffic Engineering will require a Traffic Impact Study (TIS) in order to identify roadway improvements that will be necessary to adequately manage the additional traffic generated by the Atlantic Park development and to mitigate the impacts of the closure of 19th Street. The complete closure of 19th Street from Arctic Avenue to Pacific Avenue has been accepted as a part of this proposed development, but the TIS must study the impacts on the surrounding streets of this closure and show what improvements are required to mitigate the closure. These improvements will likely include additional through and turn lanes and intersection signalization within the study area,which includes the streets identified in this application. Traffic Engineering will require a sight distance analysis to be completed by the applicant to ensure that there is adequate sight distance at the intersections within the area of the development. These include, but are not limited to, 20th Street at Pacific Avenue, 20th Street at Baltic Avenue,and 20th Street at Arctic Avenue. With the closing of right-of-way to bring the buildings closer to the roadway,this analysis is critical to making sure that the intersection sight distance meets Public Works Standards. Public Utility Impacts Water&Sanitary Sewer 19th Street(Sheet 1) There is an existing 8-inch sewer main and 6-inch water main in the 19th Street right of way,extending eastward from Arctic Ave.These mains only serve properties that will be developed as part of this project.The mains will need to be abandoned in accordance with the Public Utilities Design Standards Manual. 20th Street,300 Block(Sheet 2) The street closure application includes a 4.5-foot"underground street closure"that is expected to leave approximately 6 feet of horizontal separation from the fire hydrant and existing 6-inch water main which extends behind the existing back of curb in some locations. Relocation of all or part of this main may be required to permit appropriate separation from the proposed encroachment. 20th Street,400 Block(Sheet 3) The street closure application includes an 8.1-foot"underground street closure"that is expected to leave approximately 6 feet of horizontal separation from the existing 6-inch water main and fire hydrant. Relocation of this main may be required to permit appropriate separation from the proposed encroachment. Arctic Avenue(Sheet 3) The street closure application includes a 2-foot"underground street closure" in addition to the 11.4-foot closure.This is expected to leave approximately 8 feet of horizontal separation from the approximately 13-foot deep,24-inch clay gravity main.The 24-inch gravity main will need to be relocated in order to provide proper maintenance of this sewer main. Alleys(Sheet 3) No comment. Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 5 Emergency Services Impacts Fire apparatus access must remain on Arctic Avenue for emergencies.The Fire Department will review the Traffic Impact Study concerning impact on the surrounding streets, especially northbound traffic on Arctic Avenue and Baltic Avenue. Stormwater Impacts The proposed development will require extensive stormwater improvements which will be determined during detailed site plan review.The proposed street closures have no impact on the ultimate stormwater infrastructure design. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before October 5,2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 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 October 19,2020. • 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 October 29,2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22, 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 November 16,2020. • 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/Bookma rkedAgenda.pdf on November 25,2020. Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 6 a ,--1 N o E ° s a m +J ..I a Q as --1.1 J ` -1------- P awal v co 5D I _2S R aV (a3d013A30 A6 03NM0 38 O111M016WrID0/Wilid clans 1 . J I. j I 1 I, 1 Y 1 1 I I` • 0. 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(DEED) 20190212000114390) PROPERTY OF q= VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-9524 I NAD 1983 (IN. (DEED) 20190212000114390) I (1993 HARN) all §v N31 09'S8 E \Cr 28.3' N13'49'16"W 120.0' N5850'02-W ARCTIC AVENUE GRAPHIC SCALE IN FEET 28.3' (60' R/W) 0 30 1 IO STREET CLOSURE EXHIBIT ATLANTIC PARK Kimlev >>Horn SHEET 1 ,aN Y.E. NO OM=INC 4525 YYN STREET,SUITE IWO.MfJNIA BEACH,VA 2-461 VIRGINIA BEACH VIRGINIA a"oNE »I-r5-B6IX OAc 157-213-8601 1141140KEv-MN.COI Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 8 Street Closure Exhibits LEGEND NAD 1983 rV///A ABOVEGROUND PACIFIC AVENUE 60' R/W (1993 WARN) 41, C STREET CLOSURE ) - - - — UNDERGROUND tN13.5002W • STREET CLOSURE 9.5' I 5' ABOVEGROUND STREET CLOSURE • I N- 1,010 S.F. (0.02 AC.) TOTAL STREET CLOSURE AREA A en I 3,260 S.F. (007 AC.) I I I ^ I g 1.11 8 �� b �w so 7 �' co ~ °' n I— w U) w P P w cc w Z Z �' ^ ct I = A PROPERTY OF I cn F- rj VIRGINIA BEACH DEVELOPMENT AUTHORITY I N F 2427-17-0853cn (IN. (DEED) 20190212000114390) 4.5' UNDERGROUND STREET CLOSURE �— 2,250 S.F. (0.05 AC.) I tl I n 4cp,LTH oi,G Iil qo I n- O� j4) —I— li 4O�` N13'50'03'W 3'- `' LAURENCE N. BENSON v 0 9.5' / Lic. No. 0402057884 O — — — 'P0 10/22/2020 k�� ARCTIC AVENUE (60' R/W GRAPHIC SCALE IN FEET .� ) 0 30 60 120 � -6'1oNAL Y.�G` STREET CLOSURE EXHIBIT ATLANTIC PARK Kimle *Horn SHEET 2 ,CM ICY MO MO =NC 4525 Yu\STREET,SUITE 1000,WO..BEACH,VA 23462 VIRGINIA BEACH VIRGINIA °NONE 'S'-2'S-e6W. CRI n2-nrbbm wM.Kwa.E._,ga.cax Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 9 Street Closure Exhibits - - — —— NOD 983 LEGEND ARCTIC AVENUE (60' R/W) (1993 1 HARN) ,, , ABOVEGROUND ', STREET CLOSURE N7629'05"E \ • 13'4' N7351'32"W 204.6' N76'08'28"E UNDERGROUND 13.4' STREET CLOSURE ill/ —N1351'32"W 95.6'-IT NOTE: N1351'32"W 194.6' SEE SHEET 4 FOR LOT OWNER INFORMATION 11.4 ABOVEGROUND STREET CLOSURE AREA N1351'32"W 2' UNDERGROUND 10 1' 1 2 333 S.F. (0.05 AC.) STREET CLOSURE AREA I Q 409 S.F. (0.01 AC.) TOTAL STREET CLOSURE AREA I 2,742 S.F. (0.06 AC.) (o I VARIABLE WIDTH IN ABOVEGROUND 1:1w STREET CLOSURE a 1,750 S.F. (0.04 AC.) Qn,Ru 1®aoana,OE19 r co I — — CGRAP3HIIC 0 SCALE IN FEET 120 I Z 601 ® Ili 8.1' UNDERGROUND de I I. STREET CLOSURE o 4,050 S.F. (0.09 AC.) N76'08'28"E N76'08'28"E © 10.0' 10.0' N13'S1'32"W 290.2' N I 1 b 1I1 /LZZA _ N13'51'33"W 140.0' N1351'26"W 130.2' IP,I Do CO w o ® 0 11 N O o n f° 1 00 Cr, I- i — — W I— UJZ ® 171 �t 10 I = co cc H.P z z �- O ® co TOTAL STREET CLOSURE AREA N 1 w 6,200 S.F. (0.14 AC.) I O) / — — "co — — N I 0 m TOTAL STREET / ® 80 CLOSURE AREA 5,800 S.F. (0.13 AC.) / Z N13'51'32"W 140.0' O� �Z/L/JJ I / N76'08'2B"E '0'.NLTH of Lf -�v 10 10.0' � / CiW`-* 0 I C� � s N II ® I I IOI G d wN Im`' LAURENCE N. BENSON Lic. No. 0402057884 / O O N PpA 10/22/2020 4 /z N1351'32"WCO C'' �� 13.1' i SS•ONAL ''' --IBALTIC AVENUE (60' R/W) STREET CLOSURE EXHIBIT ATLANTIC PARK 1Vm *Horn SHEET 3 ME M°~0'"B'„C'4525 U.,STREET,SUITE 1000,Ni01XIA BEACH.VA 23462 PHONE 'S1-213-36m FAA 757-au-B801 VIRGINIA BEACH VIRGINIA .ww.H"a.E.-�.ua.cw Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 10 List of Adjacent GPINs and Property Owners N/F N/F VIRGNIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6990 2427-07-3705 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) QTHRU@PORTION 19 Nv/F N/F VRGNIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-7707 2427-07-3711 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 00 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-6808 2427-07-3669 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-5863 2427-07-3536 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRCNIA BEACH DEVELOPMENT AUTHORITY NRGINU BEACH DEVELOPMENT AUTHORITY 2427-07-5737 2427-07-4517 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4883 2427-07-4645 (IN. (DEED) 20193212000114390) (IN. (DEED) 20190212000114390) N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4757 2427-07-4691 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) 1� 11 N/F N/F VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-4802 2427-07-5625 (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212000114390) +4t,LTHNfi VIRGINIA BEACH NDEVELOPMENT AUTHORITY VIRGINIA BEACH DEVELOPMENT AUTHORITY --1 ) ' 2427-07-3767 2427-07-3660 O./z^ s` (IN. (DEED) 20190212000114390) (IN. (DEED) 20190212030114390) LAURENCE N. BENSON Lic. No. 0402057884 QS 10/22/2020 44 NA- VIRGINIA BEACH DEVELOPMENT AUTHORITY 2427-07-2890 SSAONAL �'�G (IN. (DEED) 20190212000114390) STREET CLOSURE EXHIBIT ATLANTIC PARK Kimlk*Horn SHEET 4 """'°°"'EL INC 4525 YAIN 5R26ET.5U/It 1000.VRgN6A WADI,VA 23462 VIRGINIA BEACH VIRGINIA 1,141.4E 757-213-6600 F.n U 2-2 -6601 MNRP/PEE-NORN.CON Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 11 Site Photos ------- - -------1. . •? -, 11 . hi -..11r• . - ---- ------------ - ' • liguiRTI'TI, s I ' i , ,..._ --...,. ......— _.. .;/1 i'illiIE El 11.:11 I 4' ri1111-."-7 r, r, ' 1 - -- -......._ Mo.._ —.....- --........-- --•-.-- --- -----,-_ - — --- ,- ----. , ' '- 19th & Pacific Looking West , - coo mg ast IIIIII .................. .. ,,, /. . , , _.... • . - _ _ / 4. ..., . . . - .J . ... • ' I ' io, . ' s4. . -1 .,, q r ......ii....-..s_ — 1 — 1.... ',hurl '•...' r i a I 0 - ------ -.----- , ._ .,._ ..... i _1 _ . , . ‘ , 20th & Arctic Looking East , Midblock 20th Looking East \ • • . . . , ..- , fill ••,.... ,•. ..'E ••,. tSi !:"..,• p,„30. ,,,, •) .1- /f • -; ••.i \L.t.....: 0, a. •Pst , *44 ? 46.* i it, * : 1" ' . `, ., :.• '‘,.4 _ t. I f , . . . - 'A?: ••E' '14 ' 4:1'Lle. • •• CY . .. _i .:, .7 --- , 0,,,..:., ititeF-"k! • ti . • •- ',• .... " 1 !DI k -...,,',,,k,,r , :1, , ,_ r,..7. • _ _ ____ _ ; , _ ,....,‘ tioi L ,....Z.. - ., • ..1 ,A -4,41 It !__ ___ got hz: 4 0...„ _ , 1• _ . . _ ... t 20th & Arctic Looking West :- 20th & Baltic Looking East Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 12 Site Photos �� { -, i, , / _i_. Arctic & 20th Looking South `; MidBlock Arctic Looking North jolt,. f. '} ? `.+N ,t %i-1 , AA `. r ,\ �� ` s• �Is x ...�r`�. '3 .lam � �.' -' > �_K 'f - - fir ._ .""1%,s-< . z ,.f 'r «a a - '. ,, yr y' .,.", fi - to y ”. - •.:11'----'74.,‘'o East Alley from 20th West Alley from 20th --, r r. T - CLOSURE • a A pO�M al tins publs 'r€.-.=__ 1J fa _ Closure _ w opi . . _ _ -, . _,- -, , .. 1 - - '- . , „ ... .. . _ , ...... _ .._ ..:,..&,,:t.,-......,,,,... ...... _______ ,s_ ....., „ East Alley from 19th - West Alley from 19th Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 13 Disclosure Statement Disclosure Statement MI3 City uJ Virymw&,,, Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Atlantic Park, Inc. Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. Michael A.Culpepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Il[ Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached 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. a"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. liPagc Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 14 Disclosure Statement Disclosure Statement ray/4'Wmm,Hark Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?Ili Yes ❑ No • If yes,what Is the name of the official or employee and what is the nature of the interest? City of Virginia Beach Development Authority is owner. Applicant Services Disdosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? III Yes ❑ No • If yes,identify the financial institutions. Applicant anticipates securing financing(capital provider has not been selected) 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? S Yes ❑ No • If yes,identify the real estate broker/realtor. Venture Realty Group 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑ No • If yes,identify the firm or individual providing the service. BDO 4, Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?IF Yes ❑ No • if yes,identify the firm or individual providing the service. Cooper Carry,Hanbury,WPL,Kimley Horn 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 2 Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 15 Disclosure Statemen cifv of r-ova.. Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the construction contractor. W.M.Jordan 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? U Yes ❑ No • If yes, identify the engineer/surveyor/agent. WPL/Kimley Horn 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Kaufman+Canoles Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. yEh-t-aC a.•tvES LLB Applicant Signature Print Name and Title ,o -1 - ao Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ! Et No changes as of Date 11/17/2020 Signature A p-, Print Name Ashby Moss 3IPage Disclosure Statement Atlantic Park,Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC Donna MacMillan-Whitaker Michael A.Culpepper John L.Gibson,Ill Bruce A.Berlin Elizabeth Matulenas Matthew L.Lafler Steven D.Green W.M.Jordan Company John R.Lawson H2O Investments,LLC Joe LaMortagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W.Bishard John K.Bishard Robert A.Deacon Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 17 Disclosure Statement Disclosure Statement , 11'n9.evNa.h Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name The City of Virginia Beach Development Authority. Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Office of the City Attorney Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Applicant is a political subdivision of the Commonwealth of Virginia. Attached is a list of the current Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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. liPage Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 18 Disclosure Statement Disclosure Statement tA y U;1Yp0��A Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial Institutions. 2. Does the applicant have a real estate broker/agent/reartor for current and anticipated future sales of the subject property? ❑Yes ®No • if yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2 l e.r c Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 19 lkli3Disclosure Statement Planning & Community -41444\ Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes,identify the construction contractor. WM Jordan&Sons has been identified as the general contractor for the project. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?® Yes 0 No • If yes,identify the engineer/surveyor/agent. Kimley Horn has been retained to provide engineering services. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes, identify the name of the attorney or firm providing legal services. Singer Davis (Steve Davis is outside counsel to VBDA) Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. QQ \\ ft(& Applicant Sl�atu e c& 4, of ( iux Print Name and Title /0 114l Date Is the applicant also the owner of the subject property? , Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/MI disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 47K No changes as of Data 11/17/2020 Signature A Print Name Ashby Moss 3IPage Disclosure Statement CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY COMMISSIONERS David L. Bernd(Secretary) Dr.William Brown William Brunke(Treasurer) Nneka Chiazor W.Taylor Franklin(Assistant Secretary) Penny Morgan Lisa M. Murphy(Chair) Michael J.Standing Joseph E.Strange(Vice Chair) Guenter H.Weissenseel Dorothy L.Wood Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 21 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. Atlantic Park, Inc. &Virginia Beach Development Authority Agenda Item 11 Page 22 Item # 11. Atlantic Park, Inc. & City of Virginia Beach Development Authority [Applicants & Property Owners] Street Closure Portion of south side of 20th Street between Pacific and Arctic Avenues; portion of south side of 20th Street between Arctic and Baltic Avenues; portion of west side of Arctic Avenue between 19th and 20th Street; portion of 19th Street between Pacific and Arctic Avenues; all alleys in block surrounded by Arctic and Baltic Avenues and 19th and 20th Streets November 4, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you Mr. Coston. The next is item number 11. Atlantic Park Incorporated and City of Virginia Beach Development Authority for street closures, located on portions of south side of 20th Street between Pacific and Arctic Avenues, portions of South Side and 20th Street between Arctic and Baltic Avenues, portions of west side of Arctic Avenue between 19th and 20th Streets, portions of 19th Street between Pacific and Arctic Avenues, all alleys within blocks surrounded by Arctic and Baltic Avenues and 19th and 20th Streets. And I believe Mrs. Ashby is going to talk or is the applicant? Okay. Okay, thank you, sir, please state your name for the record. Mr. Culpepper: Michael Culpepper on behalf of Atlantic Park Inc. and all the conditions are acceptable. Mr. Weiner: Great. Thank you, sir. Any opposition to this being placed on the consent agenda? Here we go. Hearing none, Ms. Ashby Moss is going to come and read this in the record for us. Ms. Moss: So the applicant is requesting to close portions of various rights of way on an assemblage of property owned by the City of Virginia Beach Development Authority. The area has been referred to as the Dome site consists of two blocks between 18th and 20th Streets Pacific to Arctic Avenues and the block between 19th and 20th Streets and Arctic to Baltic Avenues. If approved, the closed rights of way will become property of the City of Virginia Beach Development Authority, who will then enter into a long term lease of the combined Dome site property with the developer. The proposed street closures include basically two categories of street closures. The first 19th Street, all of 19th Street, the full width of the 80 foot right of way, is requested to be closed between Pacific and Arctic Avenue. This is above and below ground. This is an area where the wave pool, the surf 1 lagoon will be if everything gets approved and moves on. Also all of the alleys that are within what we refer to as the Treasurer's Block surrounded by Arctic and Baltic, 19th and 20th Street, those are full closures above and below ground. In addition, there is a portion of 20th Street on the south side of 20th Street between Pacific and Arctic Avenue, there is a full closure request for five feet, and then an additional underground only closure of 4.5 feet on the block between Pacific and Arctic, and then the south side of 20th between Arctic and Baltic, is a full closure two feet increasing to five feet, and then an additional 8.1 feet underground only. And lastly, the west side of Arctic Avenue midblock between 19th and 20th Street is a request for a full closure of 11 .4 feet, and then an additional two feet underground only to accommodate the entertainment venue. As required by City Code, a Viewer's Meeting was held on October 19th The Viewers recognize that additional detailed studies and analyses are needed to determine what roadway and infrastructure improvements will be required to support the proposed development. These studies include but are not limited to a traffic impact study, site distance analyses and detailed site plan review. Therefore, the conditions below have been crafted to require the applicant to provide these studies and the improvements deemed necessary based on the information the studies provide. If necessary, the applicant may be required to adjust or modify the areas for closure. So with these added conditions, the Viewers determined that the proposed closures will not result in a public inconvenience. And therefore, they have been recommended for approval by staff based on the seven conditions and the Planning Commission also, I believe recommends approval. Mr. Weiner: Thank you, Ms. Moss. Okay. Mr. Redmond: Mr. Weiner Mr. Weiner: Yes, Mr. Redmond. Mr. Redmond: Ashby, don't go away, I just wanted to - before you do go away I just wanted to say thanks. I've asked some questions of you earlier and in the break I had the opportunity to visit with the applicant and better understand their process. So I appreciate your help earlier and your patience and so my questions were all resolved. So thanks again. Ms. Moss: Okay. 2 Mr. Weiner: Thank you. The next items, item 16 which is short term rental the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the Consent Agenda as this application meets the applicable requirements of Section 241 .2 of the Zoning Ordinance, staff support the application and there is no known opposition for this request for item number 16. So in saying that I move for approval on the Consent Agenda items 1,2,3,4, 5, 7, 8, 11 and 16. Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair, for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. Ms. Oliver: Are there anymore? All right. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent, Mr. Coston Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent, Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein Ms. Klein: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. 3 Mr. Wall: Aye. Ms. Sandloop: Vice Chair Weiner Mr. Weiner: Aye Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By recorded vote of eight to zero, agenda items number one, number two with conditions as amended, number three, number four with Commissioner Wiener abstaining. Number five with conditions as corrected, number seven, number eight, number 11 and 16 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed areas into the 4 adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the closed portions of the alley or lanes to the City of Virginia Beach if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall submit a Traffic Impact Study ("TIS") and Site Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the applicant shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached hereto, subject to the approval by the Department of Public Works. 4. The applicant shall, in accordance with the Public Utilities Design Standards Manual and to the extent agreed upon by the City, abandon all public water and sanitary sewer infrastructure within the area of 19th Street to be closed. 5. The applicant shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 20th Street and Arctic Avenue if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the applicant, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 6. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the rights-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 7. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 5 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 , N; anuand_I.ed;p _an:u-anvisci �� ,\ a o i c�. CO tpb i CO,00 z `J•. v' (© o ti o --�� ° o LIA.f` a© r II I 3 0 -anuil°-LiiiP ° -n �and-IJ-aguato, - -- co 'i Dib !!Lj, 1,1_, 1: _11,,,..1, , Tri L. It., Lt n El D I/, ■In a !pi I 0 �i , ic a ti ---- u0• Q ' \ tJ LI -, M !Okii.ilfCe ■L� !_IP c L4, 1. i II D� j/' I� o IA It I J s 1 i N an:ua. br }asa9�Q an_uen_br_�a_sioa_ . _` _ - I dI tEll _ a • III •.1. /�L�L--c.. ' / f. .r 1 U) ICI t MIL .� 'il: -i �f/ ) 1 2_.m --an._ a-ny _ aila a I -uIilip . _.-h r r U ^^I ___1_1 4.1 IM R_1 lij k, 1! .• - 1 el ., ., _ / // 7 , ‘T -1 • 030 •�. 1 is LGli J v. rem op . a (aa iicrt:,?Lp-I mime ups 1. t jell , I Ir. si - - II%= ‘b, 173 s. i i CO 1 • �i m �� mNV 42P it � - =03 m is 1.11 t" I ' , . , , toe01;"="""olt,. 41,t;\‘‘ `\ °.-1 ,' .' ,,_ Al CNI 1--- CM •- -----__ 44-13/71% N--- k•- , ,N f! w 1 ' [93 " c ?Vil,t t ii!„1/3- ii-m- '' / / m ` op cf- .641 ) ? , .-- _,_. 111 j.1.--‘-'. ,.. ,,--:; _L7, ..,_,ft. a ., . < ,.... etp::. C�temp...Calla CON-----0- . / t; ; , •4--/,1 /-til---- -, y _;%.: / i 7, ‘7.,`.4 '> %- \ 7 i , /T ',,,Q) Z (i) , .>. 4„ ......,..„,, lif 0_ .6 N l',4*. ,„!*, # / ;0 ---, - 0 <, ., , 1 _, t / " N.. ?!, , /42 '"!!! ! c`i i! ‘• r, L =12') 2 g '6 C' // 0 0 R. 2w'• !. n � r� ,ue . ro —"••yyg: 4- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CSA VIRGINIA BEACH, LLC [Applicant] FREEDOM LAND INVESTMENT, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Indoor Recreation Facility) for the property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). COUNCIL DISTRICT — BAYSIDE MEETING DATE: December 1, 2020 • Background: The subject site at the corner of Virginia Beach Boulevard and North Witchduck Road is zoned B-2 Community Business District and within the West Campus District of the Pembroke Strategic Growth Area (SGA). The applicant is requesting a Modification of Conditions to an existing Conditional Use Permit for an Indoor Recreation Facility (Indoor Shooting Range). As the 2014 City Council approval indicated a specific site layout, a modification is required in order to permit the addition of three new buildings totaling approximately 17,000 square feet of retail and restaurant space. With the additional square footage proposed, the property meets the definition of "Shopping Center," which requires one parking space per 250 square feet of floor area or a total of 268 parking spaces in this instance. The submitted plan depicts 208 parking spaces, and as such is 61 parking spaces shy of the requirement. • Considerations: While the uses proposed in the new buildings can be constructed as a matter of right, notwithstanding the existing condition that requires a specific site layout, the applicant has submitted a proposal that is consistent with the recommendations of the Pembroke SGA Plan. As per section 283 of the Zoning Ordinance, the applicant is required to meet certain design requirements to obtain the reduced front yard setbacks that will be necessary to construct the additional buildings as depicted on the proposed layout. As the anticipated development will result in a parking deficiency, a variance from the Board of Zoning Appeals will be required. The applicant is aware of this requirement. The development will replace a portion of a large parking lot with attractive building façades and add life to an otherwise impervious and highly visible intersection in the City. According to the applicant, no more than 100 of the available 269 parking spaces are utilized on a daily basis. The site is located at the intersection of North Witchduck Road and Virginia Beach Boulevard with no direct access to the adjacent neighborhood which would limit any potential parking CSA Virginia Beach, LLC Page 2 of 2 impacts. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. ■ Recommendation: On November 4, 2020, the Planning Commission place this item on the Consent Agenda, passing a motion to recommend approval by a vote to 8 to 0. 1 . All conditions attached to the Modification of Conditions of the 2014 approval are hereby deleted and superseded by the conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval at the time of final site plan submittal. 3. Unless the parking requirement can be satisfied, the applicant/property owner shall seek approval of a variance from the Board of Zoning Appeal. 4. No alcoholic beverages shall be served or permitted within the Indoor Recreation Facility (shooting range). 5. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 6:00 a.m. to 8:00 a.m. for contract use and from 8:00 a.m. to 12:00 a.m. (midnight) for public use. 6. The applicant's 'Range Rules' shall be posted inside the indoor recreation facility and shall be adhered to at all times. 7. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. • 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 e/ City Manager: Ai Applicant CSA Virginia Beach, LLC Agenda Item Property Owner Freedom Land Investments, LLC .AB Public Hearing November 4, 2020 City Council Election District Bayside 4 Virginia Beach Request Modification of Conditions (Indoor Recreation Facility) I to Staff Recommendation I Vt :::::::: Approvalill Eraki Erskine Street k 3 Staff Planner �* I Floral Street 0 I Hoa N. Dao . oad ; ; I c e d e Q 3 c t, ` Q J anne Street L c z c Location R •a 'c m c 5070 Virginia Beach Boulevard 6 t I m Br IdStreet GPIN if J I i_ e4. Q Virginia Beach Boulevart 1467960131 "q Site Size \ % < e5 ` Potomac Street d Cleveland Street Q 5.15 acres n 0 0 AICUZeP � --Southern Boulevard �kch • �6a ' FO. Less than 65 dB DNL Ruda . . 'Ro Watershed 3 Chesapeake Bay s Existing Land Use and Zoning District Indoor Recreation Facility, retail/ B-2 ft Community Business Surrounding Land Uses and Zoning Districts - r North Mixed retail, automobile repair /B-2 v,y,n - Community Business e��h • South 8�t,,,,�;� �� . - Virginia Beach Boulevard .. 4;. Motor vehicle sales& rentals/ B-2 Community `* s .` ' ''' `"¢ _ B �J sty Business '411111 t t East 4, _ � • '' Single-family dwellings/R-7.5 Residential ... a West L+ = 'I _• _ North Witchduck Road Mixed retail/ B-2 Community Business CSA Virginia Beach, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Modification of Conditions to construct three additional buildings on the site totaling 17,200 square feet.As the 2014 City Council approval for the existing Indoor Recreation Facility indicated a specific site layout, a modification is required in order to alter that condition. Specifically,the modification will adjust that condition in order to construct up to 15,200 square feet of retail space as well as a 2,000 square foot eating and drinking establishment at the corner of Virginia Beach Boulevard and North Witchduck Road. • The subject site,zoned B-2 Community Business District, is in the West Campus District of the Pembroke Strategic Growth Area (SGA). • The existing 50,455 square feet Indoor Recreation Facility(shooting range) requires 1 parking space per 200 square feet of floor area.The existing 269 parking spaces exceeds the parking requirement by 16 parking spaces; however, when the additional uses are added to the site,the number of parking spaces falls short of the requirement. • As defined by the Zoning Ordinance,when the additional uses are added to the site,the total parking requirement increases and the property is then classified as a "Shopping Center,"which requires 1 parking space per 250 square feet of floor area or a total of 268 parking spaces.The submitted plan depicts 208 parking spaces, and as such is 61 parking spaces shy of the requirement. _-._„--- 'f '': ' �, CI - Zoning History Rai 7-.- S, ahs� # Request - iI i 1 STC Approved 09/06/2017 • B s Simi __ CUP(Motor Vehicle Sales)Approved 09/06/2017 jf l I _� „` CUP(Motor Vehicle Sales&Rentals)Approved R 7.51 tI :T g L , 2 MOD(Indoor Recreation Facility)Approved 10/07/2014 tger j' A Z --` - CUP(Indoor Recreation Facility)Approved 06/25/2013 . � fir., �, 1• g 2 % ; 1 Jr 'I -Jr: CUP(Automobile Repair Garage)Approved 02/23/2010 • le A �rmaStreet Lr-J CUP(Motor Vehicle Sales)Approved 08/12/2008 {.. 3 CUP(Automobile Repair Garage&Motor Vehicle Sales) a 2a r i1-11 F� i i Approved 02/08/1995 e-z 4 CUP(Automobile Repair Garage)Approved 11/10/1993 B `�' . .e-z 5 CUP(Motor Vehicle Rentals)Approved 06/09/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance 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 Staff finds this request to be acceptable.This site is in the West Campus District of the Pembroke Strategic Growth Area (SGA)which is envisioned to be a mid to low-rise academic village and service district.The Pembroke SGA Plan recommends for buildings to be close to the street with no parking between buildings and the street.The proposed buildings addition is consistent with the recommendation of the Pembroke SGA Plan.The submitted site layout shows the buildings are positioned closer to the street with a pedestrian access pathway connecting to public sidewalks to promote walkability. In addition,the depicted building elevations on page seven of this report depict a contemporary building design with a flat roof,and exterior building materials consisting of brick and stone veneer,and fiber cement siding. Since the proposed uses in these buildings are allowed uses in the B-2 Community Business District,Staff did not CSA Virginia Beach, LLC Agenda Item 4 Page 2 recommend a condition to limit the development on this site to the submitted plans.Additional review will be completed at the time of final site plan submittal to ensure the development will be in compliance with the adopted regulations. As the proposed development will result in a parking deficiency of 61 spaces, a variance from the Board of Zoning Appeals will be required.The applicant is aware of this requirement. The development will replace a portion of a large parking lot with attractive building facades and add life to an otherwise impervious and highly visible intersection in the City.According to the applicant, no more than 100 of the available 269 parking spaces are utilized on a daily basis.The site is located at the intersection of North Witchduck Road and Virginia Beach Boulevard with no direct access to the adjacent neighborhood which would limit any potential parking impacts. While the proposed additional uses will slightly increase the traffic volume in the area, North Witchduck Road and Virginia Beach Boulevard are under capacity for traffic volumes and can accommodate the additional volume without significant traffic impact to the existing roadway. Staff finds the proposed architecture of the buildings to be attractive and consistent with the design guidelines of the Pembroke SGA Plan. Based on the considerations described above,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. All conditions attached to the Modification of Conditions of the 2014 approval are hereby deleted and superseded by the conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval at the time of final site plan submittal. 3. Unless the parking requirement can be satisfied,the applicant/property owner shall seek approval of a variance from the Board of Zoning Appeal. 4. No alcoholic beverages shall be served or permitted within the Indoor Recreation Facility(shooting range). 5. The hours of operation of the indoor recreation facility(shooting range)shall be limited to 6:00 a.m.to 8:00 a.m.for contract use and from 8:00 a.m.to 12:00 a.m. (midnight)for public use. 6. The applicant's 'Range Rules'shall be posted inside the indoor recreation facility and shall be adhered to at all times. 7. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. Conditions of the 2014 Modification of Conditions 1. The hours of operation of the indoor recreation facility(shooting range)shall be limited to 6:00 a.m.to 8:00 a.m.for contract use and from 8:00 a.m.to 12:00 a.m. (midnight)for public use. 2. The noise attenuation measures, as depicted on the exhibit entitled, "Colonial Shooting Academy, Proposed Building Section and Wall Section,"shall be installed and maintained as indicated on said exhibit. 3. Renovations to the existing building and landscape materials shall adhere to the submitted plans entitled "Colonial Shooting Academy," prepared by LDA Architects. Said elevations and plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. CSA Virginia Beach, LLC Agenda Item 4 Page 3 4. The applicant's 'Range Rules'shall be posted inside the indoor recreation facility and shall be adhered to at all times. S. No alcoholic beverages shall be served or permitted on site. 6. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. 7. All storage containers shall be removed from the site prior to the issuance of a Certificate of Occupancy from the Building Official's Office. 8. On an annual basis,commencing with the date of City Council's granting of this Use Permit,the Zoning Administrator shall investigate any complaints received from the adjacent residential area that may be due to the operation of the facility,and shall, if deemed necessary as a result of the investigation,work with the applicant/facility operator to make whatever structural or operational modifications as necessary to address the issues. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Urban Area,West Campus District of the Pembroke Strategic Growth Area (SGA),which envisions a mid to low-rise academic village and service district. Development within this area can be supported by positioning the building so that the service doors are not prominent, incorporating a quality landscape plan,eliminating parking between the building and the street, and incorporating substantial materials change and transparency into the design of the building's exterior walls facing the street. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.As the site is almost entirely impervious,there are no significant environmental or cultural features on the property. CSA Virginia Beach, LLC Agenda Item 4 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 35,900 ADT1 70,400ADT 1(LOS°"D") Existing Land Use 2—No Data Available North Witchduck Road 22,300 ADT1 32,700 ADT 1(LOS°"D") Proposed Land Use 3-1,508 ADT 1Average Daily Trips 2 as defined by an indoor 315,000 square feet of retail,2,000 4 LOS=Level of Service shooting range square feet of an eating&drinking establishment Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane divided major urban arterial. The MTP proposes a divided facility within an existing 155-foot right-of-way section. North Witchduck Road is a four-lane divided minor urban arterial. The MTP proposes an eight-lane facility within a 110- foot right-of-way. There is a roadway CIP project under construction in this area. Witchduck Road - Phase II (CIP 2-025) will provide a six- lane divided roadway within a 131-foot right-of-way from 1-264 to Virginia Beach Boulevard, a distance of approximately 3,550 feet.Aesthetic improvements such as a wide outside lane for cyclists and 16-foot wide benches comprised of brick pavers and sidewalk will be provided to enhance this roadway corridor.This project is scheduled to be completed in 2021. Public Utility Impacts Water The subject site is connected to City water service.There is an existing eight-inch water line along North Witchduck Road and a 20-inch water line along Virginia Beach Boulevard. Sewer The subject site is connected to City sanitary sewer service.There is an existing 10-inch sanitary sewer gravity main along North Witchduck Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 5, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 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 October 19, 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 October 29, 2020. CSA Virginia Beach, LLC Agenda Item 4 Page 5 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22, 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 November 16, 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/BookmarkedAgenda.pdf on November 25, 2020. CSA Virginia Beach, LLC Agenda Item 4 Page 6 Proposed Site Layout w• .•+•I.nar•t -e[ N A N C I QUJT./6ltN iNe NO,-4-MN t N >b fAL • ww,rc t -ram, w• rw J-w,EA = 1 O _---_ 1 :wt & Tae•r ro 11 , PROPOSED .------_ ____ __, ---- . RETAIL I 1 nc.'ws KaJ[v 1r J 4, ..- 'mo w tars tyxAt. A r •nrr I - N _ � ,‘, U I I EXISTING I . PROPOSED 1 BUILDING RETAIL ' ("50,000 SF) ' M• al C Amp at AC NI Mr n•rr AO (-8 000 SF) I .r•,:::• AN I AI It At..-0, 44 l WOW NVAlilt•rA IK. ! ANIO i0IIA '.'*MN'Y[ANNA- i'ttrANNAe.'s FaiW►lOK^AC. 91 MM KO A/N 014' PROPOSED - _ �rar`�" EATING & DRINKING �'`�ii :; -_, ~- ■ ESTABLISHMENT _ (-2,000 SF) _y�` 1Pir ----j1- = ° 1/� a�.NKR• t w 0 40 80 1 INM .. 40 ;' CSA Virginia Beach, LLC Agenda Item 4 Page 7 0 0 Ih (D CL m (D D, rr 0 0 VI a - 424.,.w,S.W. sr- MIM _ - - - --- n EXTERIOR ELEVATION F� TEgJ$R ELEVATION a •,. -, 1? { — — — — — — -- worn m.c _ ..... se..sc. 1__ ; 11 H1 i lit ( m l 111111 1 i ems,EXTERIOR ELEVATION EXTERIqR ELEVATION 4)EXTERIQR ELEVATION_ i MEM .f.. ....- NEB — •, FE '`at mi.Dili irrSW - .—��^:••o,�,,,,.�o ? \ IMr Mu�tN[, h .I 0,/c EXTERIOR ELEVATION EXTERIOR ELEVATION c#T E.RJRR ELEVATION C�]jJJ i,•_, , r. o l 1 f () to D 00 D 5 m fl- (D 0) 0) -0 h n v m ? m = r- 00 A r) Site Photos ti. a: a Cam• - r F dy . y. Y 4, F . l • k Y . o 1 }I. f f g FREED M kt r.�R . 'r r 4 sR -s, g' -..� $ tom, .. CSA Virginia Beach, LLC Agenda Item 4 Page 9 Site Photos . it R -;, i 1 i ri • � -i l, 7 1 L'fit 4 ' t a ` . !� '^ 2? .. is �-.. pia > t \ 1 .' ! NSF A t l.� ��Y� '. # `\ sr e - ' 1 k "4 ,, , - .i 4�'*' ... . a ... +mo�+w� -.` a 't. c :f •r( ..y .� , ,,,,,... . , lif f it i ic lk • ' 1i.1 I _===- _{ :Y • , i J F, � <T"4 _ CSA Virginia Beach, LLC Agenda Item 4 Page 10 Site Photos pR'=''• *, , IA ,,,,. ''4,'.;.,1, 4.g:117. � A l '* utwV .3 may-° .- ' ^'y -,ems - . 1 n CSA Virginia Beach, LLC Agenda Item 4 Page 11 Disclosure Statement Disclosure Statement \43 Planning&Community Development The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name CSA Virginia Beach,LLC dba CSA-VAB,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative Jeff Hodgson Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?II Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jeffrey L Hodgson,Page S.Johnson Ill,Skyler R.Thomas,Grey Folkes,Dwight Schaubach,William Gillum • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) Range Time,LLC I Freedom Land Investments,LLC i CSA VAB,LLC "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)ore 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. Wage CSA Virginia Beach, LLC Agenda Item 4 Page 12 Disclosure Statement Disclosure Statement 0-.,.111 Planning&Community Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coHateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the financial institutions. Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes II No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm or individual providing the service. Harmony Hospitality,LLC 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the firm or individual providing the service. Orbis Landscape Architecture I MSA,P.0 I Sal Lemole Architects 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 21 CSA Virginia Beach, LLC Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement Vi3 .'x v 4,,,ow+dad, ,,,..� ft_ Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes lit No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?1 Yes 0 No • If yes,identify the engineer/surveyor/agent. MSA,P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,identify the name of the attorney or firm providing legal services Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ' t 7/://4"-- Applica Signature Jeffrey Lee Hodgson,Executive Manager Print Name and Title 8/31/2020 Date Is the applicant also the owner of the subject property? lii Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® ! No changes as of ! Date i 11.17.2020 i Snitr"e !i2/ � 1 ""yam_ ._. _._._. f.Print Name _. --__oa Hoa N.Dao 3I CIA Virginia Beach, LLC Agenda Item 4 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. CSA Virginia Beach, LLC Agenda Item 4 Page 15 Item # 4. CSA Virginia Beach, LLC [Applicant] Freedom Land Investment, LLC [Property Owner] Modification of Conditions 5070 Virginia Beach Boulevard November 4, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner; Thank you, Mr. Alcaraz. Next is CSA Virginia Beach for a Modification of Conditions at 5070 Virginia Beach Boulevard, here comes the applicant. Please state your name for the record. Mr. Hodgson: Madam Chair, Commissioner, my name is Jeff Hodgson. Mr. Weiner: All the conditions acceptable? Mr. Hodgson: They are, we've seen them. They - no issues with those. I would like to thank Hoa for his guidance on this application. When I first submitted, he came back with some very good input on how we could make a better site plan and it resulted in a layout that was more conducive and basically internalized our parking. So I'd like to thank him for his help on that. Mr. Weiner: Thank you. Mr. Hodgson: Alright, thank you. Mr. Weiner: Is there any opposition to this being placed on a consent agenda? Hearing none, Mr. Redmond, can you read this on the record for us please. Mr. Redmond: Thank you, Mr. Weiner. This is an application of CSA Virginia Beach LLC for a modification of conditions to the site that they own on Witchduck Road, corner of Witchduck Road and Virginia Beach Boulevard. It pains me to think that we first did this in 2014. Could it have been 2004, six years ago? Good Lord. Is that right? The original conditional use permit had a proper site plan. And so because of the change that we have here today, it's necessary to modify those conditions. Specifically, this applicant would like to add 17,200 square feet of retail space in three buildings, two as you can see from the site plan, two which face the corner of Virginia Beach Boulevard and Witchduck Road and then an eating and drinking establishment farther east on Virginia Beach Boulevard. There's an existing building on the site that's about 50,000, a little more than 50,000 square feet, which houses an indoor shooting range. When you add these buildings 1 along with the shooting range this would technically be short of the parking requirement. However, in thinking about the shooting range use there are long corridors and large open spaces with bullets traveling through them where you know people don't go and so that you know that one size fits all requirement. Kind of doesn't really make sense. If you're familiar with this site, in fact, you can even see it on the aerial, if you'll go to the aerial, this site is you know its constantly under parked. So there is no issue with parking in this case. The design is, you know is quite attractive, they pushed these buildings up on the road where we would like to see them, the parking is behind it. And if you think about how Witchduck Road is oriented as we discussed this morning, there really isn't this kind of use on Witchduck Road. There is some retail on Virginia Beach Boulevard in either direction, but Witchduck Road I think this has a kind of adds to the diversity of product here, which very frankly, we found attractive. We are unaware of any opposition to this application. The staff recommended approval, makes sense to the commission and we therefore recommend its approval by consent. Thank you, Mr. Weiner. Mr. Weiner: Thank you. The next items, item 16 which is Short Term Rental the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the consent agenda as this application meets the applicable requirements of Section 241.2 of the Zoning Ordinance, staff support the application and there is no known opposition for this request for item number 16. So in saying that I move for approval on the consent agenda item 1,2,3,4, 5, 7, 8, 11 and 16. Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair, for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. 2 Ms. Oliver: Are there anymore? All right. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent, Mr. Coston Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent, Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein Ms. Klein: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. Mr. Wall: Aye. Ms. Sandloop: Vice Chairman Weiner Mr. Weiner: Aye Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By a recorded vote of eight to zero, agenda items number one, number two with conditions as amended, number three, number four with Commissioner Wiener abstaining. Number five with conditions as corrected, number seven, number eight, number 11 and 16 have been approved by consent. 3 AYE 7 NAY 0 ABS 1 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner ABS CONDITIONS 1. All conditions attached to the Modification of Conditions of the 2014 approval are hereby deleted and superseded by the conditions below. 2. A Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval at the time of final site plan submittal. 3. Unless the parking requirement can be satisfied, the applicant/property owner shall seek approval of a variance from the Board of Zoning Appeal. 4. No alcoholic beverages shall be served or permitted within the Indoor Recreation Facility (shooting range). 5. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 6:00 a.m. to 8:00 a.m. for contract use and from 8:00 a.m. to 12:00 a.m. (midnight) for public use. 6. The applicant's `Range Rules' shall be posted inside the indoor recreation facility and shall be adhered to at all times. 7. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require 4 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 it \\ i -!"S-tree". OR t?_c30a.7 k -� �� ....j _OR Th� C3� OR i \ Ø . 0stceét - -- r OR O R o `r1 I ‘.....,., 10 -4° --- 'S‘\ , , -.*-30-imi \i131\ __loos 0 rit OR O.R111\ 0 pII 4 040__i_w____-------1 lir OR utp.•\ qisoi. n. __ , 4 ri V 2gt -T_ co a � __- th Street,. .•�- c° • O R, �'', OR 29 w OR \\\\ p;yvey \v ' OR ,� ° ORCD q t o - t �� -SStre f ----')\ (- � �_ 28t.4.N t tD OR. 1 0 '"OR Air \OR --4111 WA Site Burger Busters, Inc. wA NV Property_Polygons 2902 Pacific Avenue s Zoning 1 Parking Lot Drive Aisle - Feet Building 0 3060 120 180 240 300 360 I Nu: , r'r�i tiyG�7! 4 ch CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: BURGER BUSTERS, INC [Applicant] BALBOA, LLC [Property Owner] Modification of Conditions to Special Exception for Alternative Compliance for the property located at 2902 Pacific Avenue (GPIN 2428014501). COUNCIL DISTRICT — BEACH MEETING DATE: December 1, 2020 • Background: A Special Exception for Alternative Compliance was granted by City Council for the subject property on May 1, 2018. The site consists of a 2,800 square-foot, one- story restaurant (Taco Bell) with a 300 square-foot outdoor dining area and drive- through facility. Per Section 5.3.8 of the Oceanfront Form-Based Code, drive- throughs are permitted if they meet the prescribed Limited Use provisions requiring all drive-throughs be located on the block interior or in the ground floor of a parking structure to avoid visibility from the public right-of-way. Granting the Special Exception for Alternative Compliance was necessary to allow the proposed drive- through facility to be visible from the public right-of-way, as well as allow fewer parking spaces than prescribed by the Code. The applicant is requesting to modify Conditions 2 and 8 of the previously approved Special Exception for Alternative Compliance application in order to add a decorative mural feature and extend operating hours. The decorative mural is proposed over the two white accent panels facing Pacific Avenue and will be digitally printed over an adhesive film constructed to adhere on building exterior surfaces. The operating hours of the indoor dining room are 7:00 a.m. to 1:00 a.m. and the hours of the drive-through are 7:00 a.m. to 12:00 a.m. The applicant is requesting to extend the drive-through operating hours from 12:00 a.m. to 1 :00 a.m. • Considerations: Condition 2 of the Special Exception for Alternative Compliance outlines the approved exterior elevation of the restaurant. Such proposal provides visual interest along the street frontage and contributes to a vibrant atmosphere in the Resort Area. The applicant contends that the expansion of the operating hours by one hour from midnight to 1:00 a.m. will coincide with the indoor dining hours and will reduce customer confusion. Upon submittal of the application, the Police Department analyzed the calls for service and relevant activity in the subject area for the past year and found no Burger Busters, Inc Page 2 of 4 recorded complaints. Public Works Traffic Engineering Staff reviewed data regarding traffic or issues with queuing into the right-of-way for this site and found no complaints or issues. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One letter of opposition was received about the request that noted concerns related to litter and the possibility of additional requests for extension of the operating hours. • Recommendation: On November 4, 2020, the Planning Commission passed a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . All of the conditions of the Special Exception for Alternative Compliance approved by City Council on May 1 , 2018, shall be deleted and replaced with the conditions below. 2. When the property is developed, it shall be substantially in accordance with the submitted site and landscape exhibit which shows a single curb cut entitled "PACIFIC AND 29TH STREET CONCEPT LANDSCAPE PLAN," dated July 17, 2017 prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is developed, the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, " EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated November 29, 2017, and " EXPLORER LITE, RIGHT SIDE ELEVATION WITH SCREEN WALL," dated March 23, 2018, as prepared by Mark D. McCluggage AIA, CCS, with the exception of any conditions below. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. In addition, a decorative mural feature may be added to the two white accent panels on the eastern building façade facing Pacific Avenue. The decorative mural design shall be as shown on the submitted rendering prepared by GLMV Architecture or other mural designs as approved by the Planning Director. Such mural features shall be hand- painted or digitally printed on a high-quality film product suitable for exterior surface applications with an expected life performance of at least five (5) years. 4. As part of the approval of this request for a Special Exception for Alternative Compliance, the required parking shall be reduced to fourteen (14) parking spaces. Employment by this business shall not render an individual eligible for a Residential Parking Permit (RPPP). Applicant shall encourage employees who are able to walk, bike, ride-share and take the bus/trolley Burger Busters, Inc Page 3 of 4 to work. Applicant shall assist those employees who must a drive a motorized vehicle to work by: a. Organizing carpools and purchasing or participating in the purchase of monthly employee Parking Passes in the 31st Street Parking Garage; and b. The two (2) onsite Manager controlled Parking Spaces shall be used by the Managers or as directed by the Managers for Employee Carpool Vehicles. This shall include ferrying employees to and from satellite parking at the Applicant's restaurants on General Booth Boulevard and Great Neck Road as needed. 5. With the exception of the two (2) designated Manager controlled spaces, employees shall not be permitted to park on site. 6. As shown on the site plan exhibit, the drive-through lane and exit lane & parking area shall be improved with two (2) separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 7. As part of site plan review, to ensure adequate screening is provided within the reduced 5-foot parking setback, the Development Services Center Landscape Planner may request up to 40% additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide. To ensure the growth of all plants, all landscaped areas shall be irrigated. 8. As part of site plan review, the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 9. As part of site plan review, as supported by Public Works Traffic Engineering, the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 10. The restaurant and drive-through shall not operate between the hours of 1 :00 a.m. and 7:00 a.m. 11 . All signage shall follow the Oceanfront Resort District Sign Design Guidelines. No window signage, interior or exterior, temporary or permanent, shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles, fencing, furniture, bicycle racks, patio umbrellas, or drive-through canopies. The proposed Burger Busters, Inc Page 4 of 4 screening wall shall not be included when calculating the amount of signage permitted by the Form-Based Code. 12. Pavers shall be used for the proposed patio space. The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue. If desired by the applicant, at site plan review, the fence and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site. If fencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. 13. To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan, this Special Exception for Alternative Compliance shall be granted for no longer than a period of twenty-five (25) years from the original approval date May 1, 2018. 14. The sale and service of alcohol shall be prohibited on this property. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: 0 /B Applicant Burger Busters Inc. Agenda Item Property Owner Balboa, LLC Public Hearing November 4, 2020 a1City Council Election District Beach 1 0 Virginia Beach Request Modification of Conditions (Special Exception for Alternative Compliance) / ? 56th Street 0 Staff Recommendation -'4 _e .351h„at�35�hsl,it Approval ir yo,street tStaff Planner �'13 33r6Street Jenizza Badua j °OR°da jvoStceet A Location la Road g°th µra'Street S Low 2902 Pacific Avenue '0m Ilk I ^ 29tti Svicel.. —)446"r*I / 2. p wY GPIN �...Zath Str 2428014501 Z,lhwee' £ m t Q°^ lbSlreet 26`¢Sweet Site Size _ ; 2625thHat,gue t 0.48 acres th stfee` �, elf Street AICUZ /• �mN et 24th St ,, t►t.stre treet' 40: 65-70 dB DNL; Sub-Area 1 � ' '' z,ds Watershed Chesapeake Bay ,� , R - . Existing Land Use and Zoning District f--""ys • ' ry # 1R Restaurant with drive-through/OR Oceanfront ,t- �= `.: ..* Resort d t' t t �'" Surrounding Land Uses and Zoning Districts . '" , - t* North �. aL .. Restaurant /OR Oceanfront Resort --' South , 4 t' , _ F : { �:..` v Restaurant/OR Oceanfront Resort ^ `t. Zgthsueet East -; »- �, m ✓- Motel/OR Oceanfront Resort �, m / 0101 n West :: a ' i` ., Single family dwelling, duplex/OR Oceanfront C'- Resort . Zgth Su'Fe` Burger Busters, Inc. Agenda Item 10 Page 1 Background & Summary of Proposal • The site consists of a 2,800 square-foot,one-story restaurant (Taco Bell)with a 300 square-foot outdoor dining area and drive-through facility at the northwest corner of Pacific Avenue and 29th Street. • A Special Exception for Alternative Compliance was granted by City Council for the subject property on May 1, 2018. The applicant is requesting a Modification of Conditions to add a decorative feature on the eastern building facade and extend the drive-through hours of operation to coincide with the indoor dining operating hours. • The previously approved Special Exception for Alternative Compliance was necessary because the drive-through facility is visible from the public right-of-way,which is in conflict with Section 5.3.8 of the Oceanfront Form-Based Code.The Special Exception also allowed fewer parking spaces than prescribed by the Code. • As approved in 2018,Condition#8 allows hours of operation for indoor dining only between 7:00 a.m. and 1:00 a.m., and drive-through hours only between 7:00 a.m.and 12:00 a.m.The applicant is requesting to extend the drive-through operating hours beyond12:00 a.m. by one hour to 1:00 a.m. • Additionally,Condition#2 of the Special Exception for Alternative Compliance required the exterior of the restaurant to be constructed as shown on the elevations approved at that time.The applicant is requesting to modify this condition by adding a decorative mural feature over the two white accent panels on the eastern facade facing Pacific Avenue.The proposed decorative mural feature consists of a series of colorful vertical stripes digitally printed over an adhesive film product manufactured by 3M. Such material is constructed to adhere on building exterior surfaces with varying expected life performances between five and 20 years. Zoning History OR '.--�J # Request /„sant OR3 1 ALT(Special Exception for Alternative Compliance) 30tOR Approved 05/01/2018 CUP(Commercial parking lot)Approved 06/12/2012 5 OR 2 CRZ(RT-3 Resort Tourist,A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist)Approved 05/09/2006 3 CUP(Commercial parking lot)Approved 03/27/2001 2 „ sue rc CUP(Commercial Recreational Facility—Ice Skating Rink) OR ApprovedT( E201 4 ALT(Specialal Exception for Alternative Compliance) 2 OR , Approved 08/18/2015 J , OR 5 ALT(Special Exception for Alternative Compliance) Approved 06/20/2017 Application Types CUP—Conditional Use Permit MOD — Modification of Conditions or FVR—Floodplain Variance REZ—Rezoning Proffers LUP—Land Use Plan ALT—Alternative Compliance CRZ—Conditional Rezoning NON—Nonconforming Use STR—Short Term Rental SVR—Subdivision Variance STC—Street Closure Burger Busters, Inc. Agenda Item 10 Page 2 Evaluation & Recommendation The applicant's request for a Modification of Conditions to install a decorative mural feature on the eastern building façade and extend the drive-through operating hours from 12:00 a.m. to 1:00 a.m. is acceptable. The decorative mural feature addition is an improvement to the eastern building façade, providing visual interest along the street frontage and contributing to the vibrant atmosphere in the Resort Area.The request to extend the drive-through hours by one hour to coincide with indoor dining hours is also acceptable. At the request of Planning Department Staff,the Police Department analyzed calls for service and relevant activity near the subject area for the past year and found no recorded complaints. Public Works Traffic Engineering also has not received any complaints regarding traffic or issues with queuing into the right-of-way for this site. Based on the findings above, Staff recommends approval of this application as conditioned below. Conditions#2 and #8 have been modified from the previous approval to accommodate the applicant's request. Recommended Conditions All of the conditions of the Special Exception for Alternative Compliance approved by City Council on May 1, 2018,shall be deleted and replaced with the conditions below. 1. When the property is developed, it shall be substantially in accordance with the submitted site and landscape exhibit which shows a single curb cut entitled "PACIFIC AND 29TH STREET CONCEPT LANDSCAPE PLAN," dated July 17, 2017 prepared by Blakeway Corporation,with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When the site is developed,the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, " EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated November 29, 2017,and " EXPLORER LITE, RIGHT SIDE ELEVATION WITH SCREEN WALL,"dated March 23, 2018,as prepared by Mark D. McCluggage AIA, CCS,with the exception of any conditions below.These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. In addition,a decorative mural feature may be added to the two white accent panels on the eastern building façade facing Pacific Avenue.The decorative mural design shall be as shown on the submitted rendering prepared by GLMV Architecture or other mural designs as approved by the Planning Director. Such mural features shall be hand-painted or digitally printed on a high-quality film product suitable for exterior surface applications with an expected life performance of at least five(5)years. 3. As part of the approval of this request for a Special Exception for Alternative Compliance,the required parking shall be reduced to fourteen (14) parking spaces. Employment by this business shall not render an individual eligible for a Residential Parking Permit(RPPP).Applicant shall encourage employees who are able to walk, bike, ride-share and take the bus/trolley to work. Applicant shall assist those employees who must a drive a motorized vehicle to work by: a. Organizing carpools and purchasing or participating in the purchase of monthly employee Parking Passes in the 31st Street Parking Garage; and b. The two(2)onsite Manager controlled Parking Spaces shall be used by the Managers or as directed by the Managers for Employee Carpool Vehicles.This shall include ferrying employees to and from satellite parking at the Applicant's restaurants on General Booth Boulevard and Great Neck Road as needed. With the exception of the two(2)designated Manager controlled spaces,employees shall not be permitted to park on site. Burger Busters, Inc. Agenda Item 10 Page 3 4. As shown on the site plan exhibit,the drive-through lane and exit lane& parking area shall be improved with two (2) separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 5. As part of site plan review,to ensure adequate screening is provided within the reduced 5-foot parking setback,the Development Services Center Landscape Planner may request up to 40%additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide.To ensure the growth of all plants,all landscaped areas shall be irrigated. 6. As part of site plan review,the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 7. As part of site plan review,as supported by Public Works Traffic Engineering,the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 8. The restaurant and drive-through shall not operate between the hours of 1:00 a.m. and 7:00 a.m. 9. All signage shall follow the Oceanfront Resort District Sign Design Guidelines. No window signage, interior or exterior,temporary or permanent,shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles,fencing,furniture, bicycle racks, patio umbrellas,or drive-through canopies. The proposed screening wall shall not be included when calculating the amount of signage permitted by the Form- Based Code. 10. Pavers shall be used for the proposed patio space.The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue. If desired by the applicant, at site plan review, the fence and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site. If fencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. 11. To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan,this Special Exception for Alternative Compliance shall be granted for no longer than a period of twenty-five (25)years from the original approval date May 1,2018. 12. The sale and service of alcohol shall be prohibited on this property. 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. Burger Busters, Inc. Agenda Item 10 Page 4 Public Outreach Information Planning Commission • The Applicant met with the Resort Advisory Commission's Planning and Design Review Committee(RAC-PDRC) on September 29, 2020 to discuss the details of the request to add a decorative mural feature on the eastern building facade.According to City Staff in attendance,comments were positive and Committee welcomed the vibrant feature addition to the building. No major concerns were raised. • Staff received one letter of opposition from the owner of the two apartment buildings located on the northeast and southeast corners of 29th Street and Arctic Avenue who raised concern about litter and the potential to incrementally extend operating hours to 24 hours per day. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before October 5, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,October 18, 2020 and October 25,2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 19,2020. • 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 October 29, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22,2020. • 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 November 16,2020 • 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 November 25, 2020. Burger Busters, Inc. Agenda Item 10 Page 5 Site Photos - P TAc 0 ----s-rt----,--.."--"•' ..._.a"----.... ---....---— --- --- .1.• , 1:1317:------------.an. -----„ -----.Z.7 .. -- , - - - • . . • .firoat. „..:- ------7,------., ----- •--.,z... 6- .:- --- _ V , 7— -1 -:'• ----,-. ' ,.. 0,,,,,„,::--, „,' - .---;-- 1- 4.. . •`'. -''-',,,. dit,' ,. _.. - i -_-- -- . ..--...111174---77----1 _wow . --,... -- ....., „--.'.4i.h.--'''"'*'- --' --- --- --' 11 ."".A. Dr_ Af •.••- - Pfr: ‘a 1 -W4--._ - -----*.- WI;- _ ,-,_, .__-_•_- ------ : -:.---Z----:—--------------4 -7,-----1---",-,---,;'5--- --- -,-1.-.--'--,;-4,,e-----. ---,-, "_ S'W.' - - - - T-..al'''''''--- .. 4, --- .— ,,__ -, --_ .,,, .„...-.--,., - —--AM -1 ---10k libi Ili '- ''-'-L - „ ...--- ----7.,--- -.... .r., _ __ ____,------------— Burger Busters, Inc. Agenda Item 10 Page 6 Renderings of Proposed Decorative Feature - _ f = - TAco BILL TACp,BELL a s ,- Veil,: __I _ .- ' t _ irvic i . ; i -mamas.t YMrt ,,E.,,, 4 C•.tAV e.V.uu,.oru. 'Foo ' lSu TA2O BELL - r �f y i / , -,,,p,A---, -(- "-',. '.. - / . P ' Jill 111. I i 1 ' ` 9 1 Burger Busters, Inc. Agenda Item 10 Page 7 Disclosure Statement Disclosure Statement cx ViNisia a..ad, Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name BurgerBusters Inc.,a Virginia corporation Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esquire(Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?•Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Tassos J.Paphites,President;William M.Dragas,Vice President/Treasurer;Christakis Achilleos,Secretary;Kirk Jester,Asst. Secretary • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) BurgerBusters III,LC;BurgerBusters IV,LLC;BurgerBusters V,LLC;BurgerBusters VIII,LLC;BurgerBusters X,LLC;Restaurant Property Investors,LLC;Restaurant Property Investors II,LLC;Restaurant Property Investors III,LLC "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(iri)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act.Va. Code§2 2-3101- 11 Burger Busters, Inc. Agenda Item 10 Page 8 Disclosure Statement Disclosure Statement \/13 Planning&Community Development rx Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 4 No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any bus ress operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? D Yes ■No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns prov!ced connection with the subject of the application or any business operating or to be operated on the property?U Yes ;J NO • If yes,identify the firm or individual providing the service. Wall,Einhorn&Chernitzer,P.C. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm or Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes II No ▪ If yes,identify the purchaser and purchaser's service providers. 21 Burger Busters, Inc. Agenda Item 10 Page 9 Disclosure Statement Disclosure Statement \33 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IE Yes 0 No • If yes,identify the engineer/surveyor/agent. Blakeway Corporation 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,Identify the name of the attorney or firm providing legal services. R.Edward Bowdon,Jr.,Esquire(Sykes,Bourdon,Ahem&Levy,P.C.) Applicant Sienature i certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Coundl,YBDA,CEPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Tassos J.Paphites,President Print Name and Title September 22,2020 Date Is the applicant also the owner of the subject property? 0 Yes III No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Na changes as of Mte r(a u30 UPI We ---•t , Wage Burger Busters, Inc. Agenda Item 10 Page 10 Disclosure Statement Disclosure Statement \B Cry of LLpiraa F1111, • Planning&Community Development ----- \\..._ _ Owner Disclosure ../, Owner Name Balboa,L.L.C.,a Virginia limited liability company Applicant Name BurgerBusters Inc.,a Virginia corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? NI Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list,f necessary) Richard Doummar,Manager:Vivian Doummar,Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list If necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ''Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5I Burger Busters, Inc. Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement NA3 Cay ofr•virm a•ad, Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross•collaterali:ation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ■No • It yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property, ❑Yes ® No • If yes,identify the real estate broker/realtor 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm or individual providing the service 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes III[ No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the engineer/surveyor/agent. 6 ! Burger Busters, Inc. Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement N.13 Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. r Owner Signature Richard Doummar,Manager Print Name and Title September f I ,2020 Date 71 Burger Busters, Inc. 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. Burger Busters, Inc. Agenda Item 10 Page 14 Item # 10. Burger Busters, Inc. [Applicant] Balboa, LLC [Property Owner] Modification of Conditions 2902 Pacific Avenue November 4, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Sandloop: Thank you, Madam Chair. First agenda item is item number 10 Burger Busters Incorporated, an application for Modifications of Conditions on property located at 2902 Pacific Avenue in the Beach District. Mr. Bourdon: Madam Chair, for the record Eddie Bourdon, Virginia Beach Attorney representing the applicant Burger Busters, Mr. Yanni Echelios is here representing my client. This applicant is a locally headquartered business that operates dozens of restaurants in Virginia and the Mid Atlantic. The CEO is Tassos Paphites who is a First Colonial graduate who I grew up with and played baseball with when I was a little boy. We both were as a matter of fact. This application involves the request to modify two conditions that were included with the 2018 approval of this special exception by City Council. The first is condition number two which involves the placement of actually two murals on the east facing wall of the Taco Bell adjacent to Pacific Avenue. When we filed this application we proposed one wall mural and when we met with the PDRC of RAC they were very pleased, very happy with what we were proposing to do, what my clients were proposing to do and asked if we would do two. And so my clients considered that and decided that sure they would. So, the application that's condition number two because all the elevations were part of the proffered approved special exception, that's why we are here, I like the wording of that - revision appreciate Jenizza's work on this, that wording will not require us to come back here in 10 years or whatever when we need to put a different mural up. So, that's something that the Planning Director will be able to approve at that time, if that happens. The other condition is condition number 8 which involves hours of operation. When - let me back up, this piece of property in the OR district can be utilized if we close the drive through we can have a restaurant there, outdoor seating serve alcohol till two in the morning. We can't do it as Taco Bell because of condition number 12 which we agreed to when we went through this process that alcohol sales is not allowed here but other than that condition and it being Taco Bell that is allowed by right. The properties that surround us, Mr. John Vakos and Mr. Richard Doumar own the properties, the three properties directly to our west. They have 1 absolutely no objection and they supported this application from the beginning in 2018. The Yee family and Murphy's which is a well-run establishment, that everyone is familiar with on Pacific Avenue directly adjacent to our Northern boundary they are also allowed to serve alcohol until 2 AM and they have a lot of outdoor seating but they run a great facility. The Kasir family owns the property directly to the south across 29th street, also operated by Chichos. They too serve alcohol till 2 AM, operate till 2 AM. By condition we took this to city council in 2018 working with Councilman Uhrin and the city council who overwhelmingly approved this application, we were asked while we can open the restaurant till 1 AM, not 2, close at 1 AM that because of concerns that there might be problems with disruptions because of the drive through, we agreed to midnight we close the drive through. There have absolutely no problems. This facility opened in March of '19 and has been operating for the last two summers. Haven't had a problem with anyone and have no knowledge of any problems whatsoever and so we were coming to do the mural and we would like to at the same time as the party application from the beginning to merry up the hours of operation so that the drive through can open till 1 AM just like the business and it's not open till 1 AM all the time. But the business closes at 1 AM, drive through closes at 1 AM. Staff has done all the research, we have operated the business, it's well run, it's clean, it's done everything that we promised it would do, hasn't been a problem for anyone. And so we are requesting that that condition number eight be modified so that business must close by 1 AM and cannot open until 7 AM. You have two emails, I would even call them opposition emails but Mrs. Parker who was here, since she didn't plan on coming and speaking I think she wanted to speak about short term rentals but her email dated September 15th was to alert, she sent it to Mark Goldner but Lance Goldner actually operates the apartments that are not adjacent but are on 29th street and if you read Lance's email he is basically saying I am concerned that they may try to do it 24 x 7. He didn't say that he has had a problem because there haven't been any problems. He just doesn't want us to operate around the clock. We are not asking to operate around the clock. We are not asking to do anything other than merry up the 1 AM closing of the restaurant with the 1 AM closing of the drive through. Mrs. Parker's email also doesn't really express any concerns that there something is going to take place because of the drive through being open until 1 AM. With all the activity at the ocean front in the summer months and with the surrounding uses and as I said you know the issue - there are issues at the oceanfront but I don't think the issues that we have at the oceanfront have a darn full thing to do with drive 2 throughs. We have got a whole lot of problems, but drive throughs are not one of them. Certainly not a drive through that closes at 1 AM when all the business around us that are selling alcohol and again I am not down on that either but just the point that it's not Linkhorn Park, you know it's not linked to one part. You know it's not Croatan, And these are good local community oriented operators. They have a beautiful facility; they went to great lengths to design a facility that fits on that property and has not caused any issues or problems with anybody. Police have had no incident reports whatsoever in two summers of operation. And staff recommend approval, we would appreciate your recommendation as well, if we have to answer any questions. Ms. Oliver: Anybody have any questions for Mr. Bourdon? Thank you. Mr. Bourdon: Thank you, ma'am. Ms. Oliver: Do we have any speakers on this application? No. Are there no speakers? Mr. Tajan: No ma'am, we have no speakers for this item. Ms. Oliver: Thank you. Alright then I am going to close it and open it up to the commission. Go ahead Mr. Redmond Mr. Redmond: I move approval of the application Ms. Klein: I will second. Ms. Oliver: I do have a little bit of discussion on the hours. I am not comfortable with that we spent a long time when Taco Bell came in originally about those hours and so on that I would like to keep them as they were originally conditioned in the application. Ms. Klein: Can you provide some background for those of us who weren't here, please? Ms. Oliver: The background on that was that we had a concern on drive throughs at that time and whether they were a good neighbor to the apartments that had just been approved and built there. And so with that being a drive through that has a tendency to be loud with the speakers and cars coming through, we didn't have a problem with them having extended hours within the restaurant because that was inside the building, it was outside and the noise that went on and so. Go ahead. Mr. Weiner: It didn't meet the form based code that was because drive throughs aren't permitted. So it came before us for variance on that or change on that. I 3 remember talking about the hours a long time ago when we really pushed it up to 12 o'clock then. I kind of the way Mr. Bourdon is bringing to us now it is true, I mean there is no opposition to it, so I don't know why. If there is some opposition to it and people in the apartment complex were coming out and saying there is opposition and the people who lived there say there is opposition but there is none. So it's kind of hard for me to say no to it. Mr. Redmond: Yeah, I mean if the hours would be a problem if there is a problem with the hours but there is no problem with the hours.To hear Mr. Bourdon obviously wants to say something but give me my piece first okay, then you can go. Mr. Bourdon is not shocked but I am not either. If there were a problem then that would be one thing, so I don't know, I mean you are a bad neighbor if you demonstrated bad neighborliness in some way but Mr. Bourdon I think is exactly right, there is a lot that goes on at the ocean front that's a lot louder than a drive-through and a lot later than 1 AM and it's not connected to a Taco Bell. So I don't understand what the objection would be to extending those hours to match with the restaurant itself, if you can sit down in it why can't you drive through particularly in the ages of a pandemic when most people would prefer to drive through rather than to get out and go into a restaurant it seems to me that makes more sense. And I don't know what the problem would be. And I have to say I love the murals. You know I think we don't spend enough time in my view on aesthetics in what we do and I mean if you can add some visual interest like that to a building particularly one that fronts a roadway like this one, I think it's a great improvement. And whoever designed that murals, murals at the oceanfront- kind of tend to look a little bit the same to me and this doesn't look like this. This is cool, I think so. I love the visual interest and the diversity that it brings to the building environment, I can't imagine what the issue is with the drive through, that's my view. Thanks. Alright there he is. Ms. Oliver: Commissioner Klein. Ms. Klein: I respect the concerns that you had initially when this Taco Bell went up. It sounds like based on the staff report that they have spoken with the police about the area they are having - in that time frame there haven't been issues. And so perhaps they have proven themselves to be a good neighbor. I like the idea of the inside and outside hours matching up or the outside hours being longer than inside hours is I think what we usually see. So, I hear your concerns and where they came from originally but it seems like at this point they have shown that they can be good neighbors. 4 Mr. Inman: Yeah, I think we clarified what our original concerns were about outside speaker and so forth but that would be disturbing to the apartments that had just been finished. One had been in place for a while and another building is just being occupied and were leased up. And so, sure there was an orange sign that went up to announce this application and this change and there is nobody here to say that there is a problem. So I guess there is no problem, that's my opinion. Ms. Oliver: Jack? Mr. Wall; I think originally I believe I opposed this application, if I can remember right. I think the grounds were, you know just that we wanted — or at least I personally wanted to comply with the standards that were in place and be consistent throughout the oceanfront. And there is in the standards. I don't think we have had any applications you know for additional drive throughs near restaurants of this nature at the ocean front since then. I mean that does mean that we won't have others. But, so I think that was my position at that time that, you know I think aligning the hours kind of makes sense. I don't know if an hour really makes that much, it's going to make that much of a difference, you know makes sense to align the hours. I mean I think there are Taco Bells throughout the area that actually have longer hours like 3:30 — 4 AM. So I think that's what somebody when they were saying 24 hours may have been implying was that they are stretching well into the morning. I mean not that 1 AM isn't already into the morning but, so yeah, that's my discussion. Ms. Oliver: Thank you. Mr. Bourdon. Mr. Bourdon: I wanted to make—if you can put the composite map up. Brian Large Ocean Realty is - a composite. When we were going through this process they were just beginning to construct the units along 30th Street. High end condominium units and they support this application and they have no problems with this. I just want to make everyone aware of that. There is a substantial distance between all of those. This is parking for Murphy's. The speaker for the drive through which is designed so it's right up against the building and they have a speaker that does — they have the best you can get, so you don't have any loud noise anywhere. So they have done everything because they are local people to make sure that this was and is a extremely well run and non-controversial facility and that was the promise we made to council and I will sit down and shut up. 5 Ms. Oliver: Thank you, Mr. Bourdon. Alright, right now we have a motion on the floor by Commissioner Redmond and a second by Commissioner Klein, can you call for the vote please. Ms. Sandloop: Mr. Alcaraz Mr. Alcaraz: Aye. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley is absent, Mr. Inman Mr. lnman: Aye. Ms. Sandloop: Ms. Klein. Ms. Klein: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. Mr. Wall: Aye. Ms. Sandloop: Vice Chair Weiner Mr. Weiner: Aye Ms. Sandloop: And Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By recorded vote of eight to zero, agenda item number 10, Burger Busters Incorporated has been approved. 6 AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS All of the conditions of the Special Exception for Alternative Compliance approved by City Council on May 1, 2018, shall be deleted and replaced with the conditions below. 1. When the property is developed, it shall be substantially in accordance with the submitted site and landscape exhibit which shows a single curb cut entitled "PACIFIC AND 29TH STREET CONCEPT LANDSCAPE PLAN," dated July 17, 2017 prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When the site is developed, the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, " EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated November 29, 2017, and " EXPLORER LITE, RIGHT SIDE ELEVATION WITH SCREEN WALL," dated March 23, 2018, as prepared by Mark D. McCluggage AIA, CCS, with the exception of any conditions below. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. In addition, a decorative mural feature may be added to the two white accent panels on the eastern building façade facing Pacific Avenue. The decorative mural design shall be as shown on the submitted rendering prepared by GLMV Architecture or other mural designs as approved by the Planning Director. Such mural features shall be hand-painted or digitally printed on a high-quality film product suitable for exterior surface applications with an expected life performance of at least five (5) years. 3. As part of the approval of this request for a Special Exception for Alternative Compliance, the required parking shall be reduced to fourteen (14) parking spaces. Employment by this business shall not render an individual eligible for a Residential 7 Parking Permit (RPPP). Applicant shall encourage employees who are able to walk, bike, ride-share and take the bus/trolley to work. Applicant shall assist those employees who must a drive a motorized vehicle to work by: a. Organizing carpools and purchasing or participating in the purchase of monthly employee Parking Passes in the 31st Street Parking Garage; and b. The two (2) onsite Manager controlled Parking Spaces shall be used by the Managers or as directed by the Managers for Employee Carpool Vehicles. This shall include ferrying employees to and from satellite parking at the Applicant's restaurants on General Booth Boulevard and Great Neck Road as needed. With the exception of the two (2) designated Manager controlled spaces, employees shall not be permitted to park on site. 4. As shown on the site plan exhibit, the drive-through lane and exit lane & parking area shall be improved with two (2) separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 5. As part of site plan review, to ensure adequate screening is provided within the reduced 5-foot parking setback, the Development Services Center Landscape Planner may request up to 40% additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide. To ensure the growth of all plants, all landscaped areas shall be irrigated. 6. As part of site plan review, the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 7. As part of site plan review, as supported by Public Works Traffic Engineering, the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 8. The restaurant and drive-through shall not operate between the hours of 1:00 a.m. and 7:00 a.m. 9. All signage shall follow the Oceanfront Resort District Sign Design Guidelines. No window signage, interior or exterior, temporary or permanent, shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles, fencing, furniture, bicycle racks, patio umbrellas, or drive-through canopies. The proposed screening wall shall not be included when calculating the amount of signage permitted by the Form-Based Code. 10. Pavers shall be used for the proposed patio space. The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue. If desired by the applicant, at site plan review, the fence 8 and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site. If fencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. 11. To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan, this Special Exception for Alternative Compliance shall be granted for no longer than a period of twenty-five (25) years from the original approval date May 1, 2018. 12. The sale and service of alcohol shall be prohibited on this property. 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. 9 Jenizza Badua Subject: FW.Taco Bell 29 street From: Lance Goldner<Isglsg1000@aol.com> Sent: Friday, October 2,2020 10:16 AM To:Ashby Moss<Amoss@vbgov.com> Subject: Fwd:Taco Bell 29 street CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From: Lance Goldner<Isglsg1000@aol.com> Date:October 2, 2020 at 9:37:30 AM EDT To: amosse@vbgov.com, Resort League<resortbeachcivicleague@rbcl.org> Subject: Fwd: Taco Bell 29 street Sent from my iPhone Begin forwarded message: From: Lance Goldner<Isglsg1000@aol.com> Date: October 2, 2020 at 9:26:04 AM EDT To: robintuite@gmail.com Subject:Taco Bell Robin I see no reason why the city is considering changing the hours that Taco Bell agreed to to get permission to put a drive thru coming thru a neighbor. I am worried that they will increase now and then change it to 2 am and then 24 hr a day. The way they have it now to 12 am is working and I see no reason to increase there hours of operation just so they can increase there profits. We are on a daily bases picking up trash from them. 315 -310 29 street Lance Goldner Sent from my iPhone c i 0 / . , •, .. !`� /, , a R 10 -- LA � o � - �, ,tee j rSh�r y � aIIL a ��!' ,.., �� nUe— Sherry Avenues �• B2 �' a 0 ki-oloc,44.--„, .0 'I 0 ° I:l ' 1 o 1 r c [:„ i v, _____ _______.., : :T -',,_, \. r,,,,, ...„... , B-2 _.,, B2 0 'le'C*71---- , ,,/ari ii, act- A18/ r_Ro____ , B2 ,_..,, 1 0 ------ ---- tit U7j4,4"--- oW/ issi„,t -N l• tid oak U V in� a i/ -wig ifir\ 1 4/ aia ' ap .. �1 R10 �©'Q' R ° r--1 n R _ver./Ve ' a ci \- fiRtol o R10 - J N rA Site Life in His Word Christian Ministries W fiS Property_Polygons Vacant parcel on Indian River Road, between s Zoning 6620 & 6608 Indian River Road, 509 feet east of Parking Lot Drive Aisle Sandra Lane - — —Feet 0 40 80 160 240 320 400 480 Building 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LIFE IN HIS WORD CHRISTIAN MINISTRIES [Applicant] JR MOULTON FAMILY, LLC [Property Owner] Conditional Use Permit (Religious Use) for the property located on a vacant parcel between 6620 & 6608 Indian River Road (GPIN 1456055836). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: December 1, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Religious Use in order to construct a two-story, 7,224 square foot church on a 0.75-acre vacant parcel zoned B-2 Community Business. The church building is proposed to be constructed in the rear of the property with parking situated in the front of the site with frontage along Indian River Road. One vehicular ingress/egress access point along Indian River Road is depicted on the submitted plan. The applicant is requesting a reduction to the drive aisle width from 24 feet to 23 feet on the western side of the parking lot, due to the narrowness of the lot. The Fire Marshal's Office reviewed this reduction and has no objection to this deviation. As the Zoning Ordinance requires a freestanding Religious Use be on a parcel of at least three acres, a deviation to the minimum lot area requirement is also requested. The rear property line abuts residentially zoned parcels; therefore, a 15-foot wide, Category IV Landscape Buffer is required and is depicted on the proposed Landscape Plan. • Considerations: The proposed building is designed with pre-finished metal wall panels, simulated wood planks, light grey accents, and a grey stone slate base. The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church provides a valuable service to the community and contributes to the sustainability of great neighborhoods. Based on Traffic Engineering data, the proposed Religious Use would result in less traffic generation than a typical commercial use permitted by-right on the property zoned B-2 Community Business District. With regard to the lot size deviation, it is Staff's opinion and the Planning Commission agreed, that the size of the lot is sufficient in this instance, as it is a small community church with only six employees. There are 185 seats in the main Life In His Word Christian Ministries Page 2 of 3 auditorium with 180 current members on the church's roster. Average service attendance is 137 individuals including children. At this time, the church will only be utilizing the first floor of the building. The second floor will be built as unfinished space with controlled access only until the church is financially able to finish the space. As membership increases, the church has created a plan to accommodate this growth that includes additional services on Sundays. Specifically, the concept proposes three staggered Sunday services to provide ample time for parishioners to leave the property and thereby freeing up parking spaces for those attending the next service. The proposed parking area consists of 37 parking spaces, which meets the minimum parking requirement set forth in Section 203 of the Zoning Ordinance of one space per five seats or bench seating space in the sanctuary. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On November 4, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The lot area for this Religious Use is 0.75 acres. This lot area is a deviation to the three acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "LIFE IN HIS WORD CHRISTIAN MINISTRIES, prepared by Pinnacle Group Engineering, Inc., dated 8/31/2020, 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 shall substantially adhere in appearance, size and materials to the submitted elevations entitled "LIFE IN HIS WORD CHRISTIAN MINISTRIES, prepared by Andre + Marquez Architects, Inc., dated 8/31/2020, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. The church shall not exceed one hundred & eighty-five (185) seats in the main sanctuary; however, the maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. Life In His Word Christian Ministries Page 3 of 3 6. Arrival and departure times shall be staggered on Sundays, with one hour between services, to avoid vehicular congestion. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Enter Conditions • 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 �� 1 City Manager: 1�' '43 Applicant Life in His Word Christian Ministries Agenda Item PropertyOwnerJR Moulton Family, LLC Public Hearing November 4, 2020 City Council Election District Kempsville Virginia Beach Request Conditional Use Permit (Religious Use) Staff Recommendation ! -1 Approval fT. a Hobbs Road c M n 9 $ a ePJ ecJe d,ssa Court Staff Planner z b �ee's Marchelle Coleman o ' 2 a —Tr•stm a n Avenre4" ,- Location Sho,'yq f _„ -- Vacant parcel on Indian River Road, between w°"'` � = 6620& 6608 Indian River Road, 509 feet east of %kitV- • Sandra Lane GPINII 1456055836 Site Size 0.75 acres AICUZ 1� INF Less than 65 dB DNL I ' AL Watershed — .. Chesapeake Bay t Existing Land Use and Zoning District ' ".- Vacant Parcel/B-2 Community Business Surrounding Land Uses and Zoning Districts ,, ji.i.:NorthY P , Single-family dwellings/ R-10 Residential , South , Indian River Road ,,oa `- +- � Single-family dwellings/ R-10 Residential i'.a' '.. R"PrRoaa .. , e East '_. .. 121 ` �' Single-family dwelling/ B-2 Community }. --e `-�- .e . , Business 'M moo•, West ` • ap^e &c, a :rt U Office/B-2 Community Business ' r 1,"•'',.3 i.F h� •"4 aL. u ",, '" -4111 Life In His Word Christian Ministries Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Religious Use in order to construct a two-story, 7,224 square foot church on a 0.75-acre vacant parcel zoned B-2 Community Business. As the Zoning Ordinance requires a freestanding Religious Use be on a parcel of at least three acres, a deviation to the minimum lot area requirement is requested. • The church building is proposed to be constructed in the rear of the property with parking situated in the front of the site with frontage along Indian River Road. One vehicular ingress/egress access point along Indian River Road is depicted on the submitted plan. • The applicant is requesting a reduction to the drive aisle width from 24 feet to 23 feet on the western side of the parking lot, due to the narrowness of the lot.The Fire Marshal's Office reviewed this reduction and has no objection to this deviation. • The rear property line abuts residentially zoned parcels;therefore, a 15-foot wide, Category IV Landscape Buffer is required and is depicted on the proposed Landscape Plan on page seven of this report. • The proposed building is attractive with pre-finished metal wall panels, simulated wood plank, light grey accents, and a grey stone slate base, as depicted on the building elevations on page six of this report. • The proposed parking area consists of 37 parking spaces which meets the minimum parking requirement of one space per five seats or bench seating space in the sanctuary, as set forth in Section 203 of the Zoning Ordinance. • The proposed hours of operation for the church will be Monday through Thursday from 9:00 a.m. to 3:00 p.m., Tuesday and Friday from 6:00 p.m. to 8:30 p.m., Saturdays from 9:00 a.m.to 2:00 p.m. and Sundays from 8:00 a.m. to 6:30 p.m. Typically, Sunday service and Sunday School is planned from 11:00 a.m. to 12:30 p.m.,while other services such as prayer meetings, youth groups, rehearsals and board meetings which are less populated will be predominately held on week nights between 6:00 p.m. and 8:30 p.m. and on Saturdays from 9:00 a.m.to 2:00 p.m. Bible Studies typically occur off-site in members' homes, local cafés or restaurants. i R-,0 I • R_10 • R.10 —-i.�oGn wx nue f Zoning History oR-10 " - w. = =j # Request l' 1 CUP(Church)Approved 12/09/2008 82 " - 2 CUP(Church)Approved 08/12/2003 ;i 'I -to- �\ g 4 3 CUP(Church Expansion&Day Care)Approved 1 , 05/22/2001 CUP(Church &School)Approved 01/27/1998 b ,3 4 CUP(Mini-Warehouse)Approved 09/08/1998 8-2 5 5 CUP(Motor Vehicle Rentals(Trucks))Approved 08/22/1995 �►%n 12' . o\ • R,o s ems , R 10 iga.sn`` R-70 • R-t B z 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 Life In His Word Christian Ministries Agenda Item 1 Page 2 Evaluation & Recommendation In Staff's opinion, this request for a Conditional Use Permit to construct a 7,224 square foot church is acceptable. The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the church provides a valuable service to the community and contributes to the sustainability of great neighborhoods. Based on Traffic Engineering data,the proposed Religious Use would result in less traffic generation than a typical commercial use permitted by-right on the property zoned B-2 Community Business District. As stated previously, the site does not meet the minimum three acre lot area requirement for a Religious Use. The applicant is requesting that this deficiency be addressed through the provisions of Section 221(i) of the Zoning Ordinance, which allows City Council to grant deviations from required minimum lot area if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties". Condition 1 has been added to address the requested deviation. Staff's position is that the size of the lot is sufficient in this instance, as it is a small community church with only six employees. There are 185 seats in the main auditorium with 180 current members on the church's roster. Average service attendance is 137 individuals including children. At this time,the church will only be utilizing the first floor of the building. The second floor will be built as unfinished space with controlled access only until the church is financially able to finish the space. As membership increases,the church has created a plan to accommodate this growth that includes additional services on Sundays. Specifically,the concept proposes three Sunday services with at least one hour between them to provide ample time for parishioners to leave the property thereby freeing up parking spaces for those attending the next service. Sunday services proposed will begin at 8:30 a.m., 11:30 a.m., and a possible third service from 5:00 p.m.to 6:30 p.m.The proposed Religious Use meets the parking requirements of Section 203 of the Zoning Ordinance which requires one parking space for every five seats in the sanctuary. Staff had concerns regarding the parking; however,the applicant has noted they will stagger times to better accommodate attendees and any parking conflicts. As recommended by Staff, a narrative addressing stormwater was provided. This site does not require an extensive preliminary stormwater analysis, as the property is located within the Chesapeake Bay watershed. However,the applicant provided a preliminary grading plan and preliminary stormwater management facility design for the site. The site developers are proposing a stormwater facility under the parking lot that will outfall to the public system.The developers foresee that the site can be graded in a reasonable manner and will not have to be elevated, resulting in no impact to adjacent property owners. The Development Services Center has reviewed the preliminary stormwater narrative and based on their findings, believes that this approach is reasonable and that the submitted strategy has the potential to comply with stormwater regulations for this site. This approach will be reviewed in more detail during final site plan review. Based on the considerations above,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. The lot area for this Religious Use is 0.75 acres.This lot area is a deviation to the three acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "LIFE IN HIS WORD CHRISTIAN MINISTRIES, prepared by Pinnacle Group Engineering, Inc., dated 8/31/2020, 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 shall substantially adhere in appearance, size and materials to the submitted elevations entitled "LIFE IN HIS WORD CHRISTIAN MINISTRIES, prepared by Andre+ Marquez Architects, Inc., dated Life In His Word Christian Ministries Agenda Item 1 Page 3 8/31/2020, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. The church shall not exceed one hundred &eighty-five (185)seats in the main sanctuary; however,the maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 6. Arrival and departure times shall be staggered on Sundays, with one hour between services,to avoid vehicular congestion. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintain great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintain 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 and there are no known significant cultural resources associated with this site. Life In His Word Christian Ministries Agenda Item 1 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use(based on B-2 zoning)2—407 ADT Indian River Road 29,620 ADT1 55,500 ADT 1(LOS°"D") Proposed Land Use(weekday)3-51 ADT Proposed Land Use(Sunday)3—205 ADT 'Average Daily Trips z as defined by a lot in the 3as defined by religious use 4 LOS=Level of Service B-2 zoning district during weekday and Sunday services Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road in the vicinity of this site is a six-lane divided major suburban arterial. The right-of-way is 110 feet in the vicinity of this site. The MTP shows a six-lane road with an ultimate right-of-way of 150 feet. There are no roadway CIP projects scheduled on Indian River Road in this area. Public Utility Impacts Water The site must connect to City water.There is an existing 12-inch City water main along Indian River Road. Sewer The site must connect to City sewer.There is an existing 10-inch City sanitary sewer gravity main along Indian River Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on October 5, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 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 October 19, 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 October 29, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22, 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 November 16, 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 November 25, 2020. Life In His Word Christian Ministries Agenda Item 1 Page 5 Proposed Site Layout 4, +4,,r,404,4 A MR it 4t fa 4 Mal l Aft;.130 r II AV VV.a swim AR 9ta1 l R* 4Y'<L!@'l CJ WtS!M SW,11111(YLp: 1%R.4 ' 5 r IN Tr'1eI F..B OIL WiwHAfYf MR:*ORt 4MM ♦l P IVV PO.-Y a[STY,t iM Ns a saw RR SydrVoAsot, / 0,17 a V ar IC N+iCY r.0ice I. a•r 1ec.a.ass 15' Category IV Landscape Buffer 2-Story 'iiii I . I 7,224 sq. ftnr . V Proposed It Church 1 r r is fR .C Is I ;WYI PS 111 R•PW M 06 l�X i list as j '�!M ►.OOYfll4 i 3 _ "0" g, Parking Area I AEI (37 spaces) 4 . _--� ' r I ' a It ati Proposed ,.,'�, ., I� _ .— 5- - r.7 • Underground ..«,....r - Icy BMP 43 I - It I sties 4 10f Street V.•"tv MK' -... ; ; Landscape t„',tr t a r ° Buffer • p? sP �1 ,. ti w.' 1 ,' }INUTA RIVER ROAD 1I arc(4a oporivor Item Life In His Word Christian Ministries Agenda Item 1 Page 6 Proposed Landscape Plan Im1 ,t�ir t MN WS ANS OAP a ON N4 It NM Mt NM/ 0. I Jr 1 w M.�.AXJ It+ait* A= - - N PK ammonialli V*raw°BII- n+es ww1 aMu u e rc rr AD/X if I LWt t a+AerrrSWIM now NON Warr .ore 0 s s 1C xrK4labr; F 4 Q A''ter<.""" Evergreen x EE" Screening . -` I Then I I Trees 1 I , , y�°1� 115'Category IV I , 2-Story I b Landscape Buffers I 7,224 sq. 1 !Ili Proposed . 1 I" § _ Church I IF 1 15�7) , i. <y fIMUMeA (•i. �..t jl ��+. m, . I t- 1 M �R5 iaR_QAOI b I : .K> a if t!i K! Y w•Cp } if MRKR w ma N • I I war arrorta� . r 111110E CAMO►t�II@i t �„ N Pt11g11010T"MOW) E - Large _Ar 0,0700 0 i w -',._..JOB. 9.2 n.'' . ---Canopy • war-+..-s,. ♦JMi wet tFI .0 , aw vowa NNW araMINNWIII Trees MI lit K 4 L. Proposed .anwal.ie :i':I E Underground �Irr/yf,/ j4,f,,,f 't Medium Trees BMP r a , r 10' Street i� .nrrar In", Landscape ,� ,, . , 4t , .C.V Buffer okt 1: C s , W, � Y— _ ' ' NMI* EN S. RIVER ROAD armar am Now err Jt AN OK ry Life In His Word Christian Ministries Agenda Item 1 Page 7 Proposed Elevation Plan FASCIA TRIM_ , , - LIGHTGREY „i' !' 1}}!I i , I I. PRE-FINISHED i ! METAL WALL __�_ _ life I ALUMINUM SIMULATED I 4. - 1I a FRAMED WOOD PLANK i INSULATED —t -j-- _ WINDOWS 1 I 1 BUILDING ______�, I ; FRAME-LIGHT GREY PAINT iiiiiiiiili s I� 1 i ' I , I _ z- 1 ' i STONE BASE •' SLATE GREY ALUMINUM FRAMED INSULATED STOREFRONT CLEAR ANODIZED FINISH AND GREY TINT GLAZING SOUTH ELEVATION(STREET FACADE) Life In His Word Christian Ministries Agenda Item 1 Page 8 Proposed Floor Plan I piSTAIR_ RKL.E 19PR p.m. .L' ( BTOR. a. RM RM r/ • J CLASS ' 7DD -mum. CP 5 ROOM 11•I V - - 1- Inci5 ROOM i OFFICE UP (-1 KITCHEN Ini.nt• .. ( � I /I— , 1 �off P PAST• / , IM :ZsI -Psi u window and Courier CORRIDOR i ADMIN.i FRMNCE ^� t07-c17 L C CV C 8, 61 i j-- Slea ' L 0 L 0 7 _ :7 _ Future pop- � i_ i 1_ S f� < « :] urotatKyyabove/ L L_ l- �_ L_ t �_ l 0 ----Una of rmvl Sow above is C i_ r i_ l C i=D ti rr r -irrir_uri 4 r r r r_� r r_� r_ I I CI El CI �,,1Ci. 0 N"R" " lainI a1:1e s STAGE 4ri SE AN 1Sn3W I 185 SEATS i r_ rar Cyr r�l3 r .i, JjJ dir � ` J! q r r1111 ,,i1 CI tll F L J E: WOMEN MEN Um of mot ovwlrq alas I I I CZ I I GROUND FLOOR PLAN - 7000 SF STAIR. I - I I I ww.,..l.r I MI J illb Mow,L Mooney/ w, FUTURE NOLOOK STAGE U wok:IARV irsao• •`'t w SCIOW I I I�Lr.� I t .Imo.of roe,evahome eeev. , •I 1 2 I . r I FL,ft/RE SECOND FLOOR PI AN 3547 SF Life In His Word Christian Ministries Agenda Item 1 Page 9 Site Photos 4^ .:}•t ,.41 ' .�'r�'• 'y x� c r a , µ s. G F y e- .-� ': _ ,- tea::.. fp' x f: 1 t prig- . ,.. , _ N ti • . ft r� -. `' y v ,- a �, r; • Life In His Word Christian Ministries Agenda Item 1 Page 10 Disclosure Statement Disclosure Statement \33 cure of Vt••mu AaeA Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Life in His Word Christian Ministries Does the applicant have a representative? El Yes ❑ No • If yes,list the name of the representative. Rodney Flores,Pinnacle Group Engineering,Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?El Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Nestor De Vega(Senior Pastor,President),Gerald Guzman(Chairman,Board of Directors),Board of Directors Members-Cristina Padua,Maricris Prendingue,Remedios Ramirez,Lalaine Santos,Robert Freeman,Basil Santos,Fareedah Pader,Princess Navarro • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1i Life In His Word Christian Ministries Agenda Item 1 Page 11 Disclosure Statement Disclosure Statement 'NB City of{-IR llO Beach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions. First Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,identify the real estate broker/realtor. Ade deVega 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the firm or individual providing the service. Andre+Marquez Architects,Inc. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I® No • If yes,identify the purchaser and purchaser's service providers. 21 Life In His Word Christian Ministries Agenda Item 1 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,Identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • if yes,identify the engineer/surveyor/agent. Pinnacle Group Engineering,Inc./Mid-Atlantic Surveying and Land Design 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®NO • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that at of the information contained in this Disclosure Statement Form Is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. C/024r.-d 6 J74-6G,.a. Applicant Signature Print Nance and Tkk Cristina Padua en,bP, e pip,.o/ n Di,Pry. Date �M is the applicant also the owner of the subject property? 0 Yes ®No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Conuassion and City Council meeting that pertains to the appiicatiors Ie'dnnaer er of Dirt' 11/19/2020 Signal" L'1n"4"" 1 Marchelle L.Coleman 3IFufc Life In His Word Christian Ministries Agenda Item 1 Page 13 Disclosure Statement Disclosure Statement _ � 4 fry„Bald, Planning&Community Q Development Owner Disclosure . Owner Name JR Moulton Family LLC Applicant Name Life in His Word Christian Ministries Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jason Moulton,sole member • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity's relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes II No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 51 Life In His Word Christian Ministries Agenda Item 1 Page 14 Disclosure Statement Disclosure Statement City of I'iwinio flnnA . . .,, Planning&Community - „, Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? II Yes ❑No • If yes,identify the financial institutions. Southern Bank&Trust 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes No • If yes,identify the real estate broker/realtor. Vertical Real Estate 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I® No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the engineer/surveyor/agent. 6I Life In His Word Christian Ministries Agenda Item 1 Page 15 Disclosure Statement Disclosure Statement Cay oft,leyfroa Heart Planning&Community Development 8. Is the Owner receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?❑Yes L No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or commimittee in connection with this application. Siptature Jason Moulton Sole Member Print Name and Title 08/28/2020 Date 71Fake Life In His Word Christian Ministries 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. Life In His Word Christian Ministries Agenda Item 1 Page 17 Item # 1. Life in His Word Christian Ministries [Applicant] JR Moulton Family, LLC [Owner] Conditional Use Permit (Religious Use) Vacant Parcel between 6620 & 6608 Indian River Road November 4, 2020 RECOMMENDED FOR APPROVAL — CONSENT Ms. Oliver: Thank you. All right, our next order of business will address those that have been placed on the consent agenda and our Vice Chair, Commissioner Weiner will take care of this portion. Mr. Weiner: Thank you Madam Chair. Today we have nine items on the consent agenda. First one is item one, Life in His Word Christian Ministries, for a Conditional Use Permit for a Religious Use on vacant property between 6620 and 6608 Indian River Road. Is there an applicant in the room here today? Thank you, sir. Please state your name for the record. Mr. Flores: Hi, Good afternoon, Rodney Flores, Pinnacle Group Engineering. Madam Chair and other members of Planning Commission, I will be standing by for any questions you may have and also Pastor Ernie de Vega is available as well. Mr. Weiner: Are all the conditions agreeable? Mr. Flores: Sir. Mr. Weiner: All the conditions agreeable? Mr. Flores: Yes, sir. Mr. Weiner: Okay, great. Thank you, sir. Appreciate that. Is there any opposition for this being placed on the consent agenda? Hearing none, Mr. Jack Wall is going to read this into the record for us, please. Mr. Wall: The applicant is requesting a Conditional Use Permit for a Religious Use to construct a two story Church on a 0.75 acre vacant parcel zoned B2 Community Business. As the Zoning Ordinance requires freestanding religious uses be on a parcel of at least three acres, a deviation to the minimum lot area requirement is requested. The church building is proposed to be constructed in the rear of the property with parking situated in the front of the site with frontage along Indian River Road. One vehicular ingress egress access point along Indian River Road is depicted on their submitted plan. The rear property line abuts residentially zoned parcels, 1 therefore a 15-foot-wide Category IV landscape buffer is required. The proposed building appears to be generally attractive with prefinished metal wall panel, simulated wood plank, light grey accents, and a grey stone slate base. The proposed parking area consists of 37 parking spaces, which meets the minimum parking requirement of one space per five seats or bench seating space in the sanctuary as set forth in the Zoning Ordinance. Typically, Sunday service and Sunday school is planned from 11:00 a.m. to 12:30 p.m. While other services such as prayer meetings, youth groups, rehearsals and board meetings, which are less populated, will be held during the week, weeknights between 6:00 p.m. and 8:30 p.m. and on Saturdays 9 a.m. to 2 p.m.. Staff recommends approval and conditions are acceptable to the applicant. Therefore, we have placed this agenda on the consent agenda. Mr. Weiner: Thank you. The next item, Item 16, which is a Short Term Rental, the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the consent agenda as this application meets the applicable requirements of Section 241.2 of the Zoning Ordinance. Staff supports the application and there is no known opposition for this request for item number 16. So, in saying that, I move for approval on the consent agenda item 1, 2, 3, 4, 5, 7, 8, 11 and 16. Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair, for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. Ms. Oliver: Are there anymore? Alright. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz : Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston 2 Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent, Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein Ms. Klein : Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall Mr. Wall: Aye. Ms. Sandloop: Vice Chairman Weiner Mr. Weiner: Aye Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By a recorded vote of eight to zero, agenda items 1, 2 with conditions as amended, 3, 4 with Commissioner Weiner abstaining, 5 with conditions as corrected, 7, 8, 11, and 16 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 CONDITIONS 1. The lot area for this Religious Use is 0.75 acres. This lot area is a deviation to the three acre minimum lot area required by the City Zoning Ordinance. 2. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "LIFE IN HIS WORD CHRISTIAN MINISTRIES, prepared by Pinnacle Group Engineering, Inc., dated 8/31/2020, 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 shall substantially adhere in appearance, size and materials to the submitted elevations entitled "LIFE IN HIS WORD CHRISTIAN MINISTRIES, prepared by Andre + Marquez Architects, Inc., dated 8/31/2020, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 4. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 5. The church shall not exceed one hundred & eighty-five (185) seats in the main sanctuary; however, the maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 6. Arrival and departure times shall be staggered on Sundays, with one hour between services, to avoid vehicular congestion. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 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. 4 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 11. a) w ii o z -,Al'A-v, Iv `0 -- -----a: =-----.;''' ,--, .-:1.1:, .- i; it*, "r4 O � , S Ft O iik ► / co O � I o o < ao v. # ,,,i , wN- ,,,, 443 ,-.-,;i:,,,, , ' y #4 -0.`' RIF ,c" \,, x‘ ....dhil„),_=7,-- ,-(1. 0; \ _ RS 4, RI 13 i CIS Oda► `' i / * tir> \o tle ,kv , v ' • ' 411111' „- '' .,- CU Av C‘ CO or- , - \ \ 6-- • t-- Vo- 5 ' <c3: -�c.\ -'-A y: V0:'t7_,t,,):) 4:)'V-.. \\I1 \ v'S1\; �a ‘( q°ieit An 0:LC I.), N_ i1 % y Q 0.:g4 7 _v,\ rat. " oo :I >c2;,2)1 0 CC: Qya ` (i N d_ m t i / may. Mil ' U iu 1 _- \ v ( �Nu f*, r��, �'._ s'ir '� 2 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: BRANDON & SAMANTHA HATHAWAY [Applicants] BRANDON HATHAWAY & ET AL. [Property Owners] Conditional Use Permit (Outdoor Recreation Facility) for the property located at 5025 Cullen Road (GPIN 1469937118). COUNCIL DISTRICT — BAYSIDE MEETING DATE: December 1, 2020 • Background: This is an application for a Conditional Use Permit for an Outdoor Recreation Facility (Batting Cage) on a 1 .19-acre parcel zoned R-40 Residential District within the Lakeview Park neighborhood. As the applicant was unaware of the need for the Conditional Use Permit, and submitted the application in order to rectify the oversight. The batting cage is used by the applicant's children and family friends. It is not open to the general public. The batting cage is located in the fenced-in backyard eight feet from the rear property line, which meets the rear setback. The cage contains a net and is within a partially enclosed structure with dimensions of 51 feet long and 10 feet wide. • Considerations: The property owner directly behind the batting cage is supportive of this request and submitted a letter of support. Additionally, four neighbors signed a petition of support for the batting cage use. A condition is recommended to limit the hours of use to minimize the noise impact to neighbors. The Planning Commission extended the time of use by one hour and recommends a condition to limit use between the hours of 9:00 a.m. to 9:00 p.m. daily. This slight modification is depicted below by underlined and strikethrough text. A condition is also recommended that an annual review of the Conditional Use Permit be performed by the Planning Director to ensure compatibility with the neighborhood. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On November 4, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Brandon & Samantha Hathaway Page 2 of 2 1 . Use of the batting cage shall be limited to the hours between 9:00 a.m. to 89:00 p.m., daily. 2. The applicant shall maintain the existing six-foot tall privacy fence along the backyard property lines. 3. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 4. Within ninety (90) days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the batting cage structure. 5. The applicant shall add siding to the walled side of the batting cage structure so that plastic building wrap is not visible. 6. The batting cage structure shall remain open on at least three (3) sides. 7. The batting cage shall not be opened to the general public nor shall it operate for profit. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Petition of Support (4 property owner signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: it17 Applicants Brandon & Samantha Hathaway Agenda Item Property Owner Brandon Hathaway & et al. 44\ �� Public Hearing November 4, 2020 2 City Council Election District Bayside Virginia Beach Request Conditional Use Permit (Outdoor Recreation Facility (Batting Cage)) 1606..., ) 0,>7.632" er \ --A-A— Staff Recommendation Approval C7*--� a . " ./Reg na laM n8°"1evafe Staff Planner ist �' Jonathan Sanders sho R°aA Na Location 1\ 5025 Cullen Road lea" ,Fe` ` i��Q lit °+c zb G P I N e�; s� " L 1469937118 "ryP �F?° Site Size % S� 1.19 acres +,4 0,. -,, se '6 AICUZ a,PO,a P- \ c.0 Less than 65 dB DNL a,' °a 1r°``` Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-40 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling /R-40 Residential South Single-family dwelling/ R-40 Residential East Cullen Road Single-family dwellings/ R-40 Residential West Single-family dwelling/ R-40 Residential , Brandon &Samantha Hathaway Agenda Item 2 Page 1 Background & Summary of Proposal • This is an application for a Conditional Use Permit for an Outdoor Recreation Facility (Batting Cage) on a 1.19-acre parcel zoned R-40 Residential District within the Lakeview Park neighborhood. • As the applicant was unaware of the need for the Conditional Use Permit, the Zoning Office inspected the site and issued a violation notice to the property owner for the construction of the batting cage. The applicant submitted the Conditional Use Permit application in order to rectify the oversight. • The batting cage is used by the applicant's children and family friends. It is not open to the general public. • The batting cage is located in the fenced-in backyard eight feet from the rear property line,which meets the rear setback.The cage contains a net and is within a partially enclosed structure with dimensions of 51 feet long and 10 feet wide. The partially enclosed structure has plywood and exposed plastic building wrap on two sides. It is the applicant's intent to install vertical T1-11 wood siding over the plastic wrap. • A condition is recommended that one of the walls on the structure be removed to ensure that three sides remain open at all times and conforms to the Zoning Administrator's determination of an Outdoor Recreation Facility. The applicant is agreeable to this condition. Shy R as 1 R-40 ,o ��, Zoning History R-40 `� # Request �// 1 CUP(Church)Approved 04/10/2007 CUP(Church)Approved 04/09/1996 4u R-40 O Application 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 Use Permit for an Outdoor Recreation Facility for a batting cage,for the applicant's personal use on this large lot is, in Staff's opinion, acceptable. With the Staff recommended condition for removal of one of the walls, so that three sides remain open, the use will be considered an Outdoor Recreation Facility. Staff recommends a condition to limit the hours of use to 9:00 a.m. to 8:00 p.m. daily to minimize the noise impact to neighbors. Staff also recommends that an annual review of the Conditional Use Permit be performed by the Planning Director to ensure compatibility with the neighborhood. This review will include a determination of whether the Outdoor Recreation Facility remains an acceptable use and that a continuation of the use poses no detrimental impact to public health, safety, and welfare. Brandon &Samantha Hathaway Agenda Item 2 Page 2 The property owner directly behind the batting cage is supportive of this request and submitted a letter of support. Additionally,four neighbors signed a petition of support for the batting cage use. Based on the considerations above,Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. Use of the batting cage shall be limited to the hours between 9:00 a.m.to g9:00 p.m.,daily. 2. The applicant shall maintain the existing six-foot tall privacy fence along the backyard property lines. 3. Subject to Section 221 (k)of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval,shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 4. Within ninety(90)days of City Council action,the applicant shall file all necessary permits with the City for review and approval for the batting cage structure. 5. The applicant shall add siding to the walled side of the batting cage structure so that plastic building wrap is not visible. 6. The batting cage structure shall remain open on at least three(3)sides. 7. The batting cage shall not be opened to the general public nor shall it operate for profit. 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 framework 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. Land use compatibility among uses in the Suburban Area is vital to the stability of the City's neighborhoods. Brandon &Samantha Hathaway Agenda Item 2 Page 3 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 Existing Land Use 1—10 ADT Cullen Road No data available No data available Proposed Land Use 2—No Change Anticipated 1 as defined by a single-family 2 No change anticipated for dwelling proposed use Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • One letter of support and a petition of support from four neighbors has been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 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 October 19, 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 October 29, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22, 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 November 16, 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/BookmarkedAgenda.pdf on November 25, 2020. Brandon &Samantha Hathaway Agenda Item 2 Page 4 Site Layout 10* -�. = �1 4 • C4/ ' •• h od E ti ` qs k* / �Privacy Fence .." Dwelling • `ems - j' , \ > ',..-&,'`'‘ Batting Cage y llii ° , , , Brandon &Samantha Hathaway Agenda Item 2 Page 5 Site Photos !t J '.y..T ..t r •T.' sr Ill III _ --• 'cr<.` _Aga. -.v. -. `.'?'-.YiSf�l9f'''.s,`a�It, :-F'.'-i1P3e>., aa.«. . , _ ..«v'^,sr3�.aQH4aXrr+__,..•..,- w..., �:_zs ' . ., 'fit :. i 4 �ii0 ir l -r i,., -A. - -.rfiulrr Brandon & Samantha Hathaway Agenda Item 2 Page 6 Site Photos .: s 4..E ,•. 1 fad '.♦ r. •�•._ N. - - • - ' .., :fir -t-- 4 .^ :1 .e i �k v 11, I H IC u.� .�.... as gir\. - - — _ , „ - � I 1. s •_ fir• :#4''-1. Ta'',.-'.-.1'-..'fr::::41:;1.l?'. ?. N---�. ' N % a 1 1 E � � _ 't+i l, E l F F i , t " s4k ,- 4+ ,, . • (e-10 01 ----r 1 _ , — . Brandon & Samantha Hathaway Agenda Item 2 Page 7 Disclosure Statement Disclosure Statement ,.. Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Brandon and Samantha Hathaway Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes IN No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) •"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. it Brandon &Samantha Hathaway Agenda Item 2 Page 8 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralixation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No ▪ If yes,identify the financial institutions. Cenlar 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes tl No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes U No • If yes,identify the purchaser and purchaser's service providers. 21 Brandon &Samantha Hathaway Agenda Item 2 Page 9 Disclosure Statement rr Disclosure Statement \43 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No if yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the engineer/surveyor/agent. UFP Construction engineered the trusses. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Brandon Hathaway/Samantha Hathaway Print Name and Title 08/24/2020 Date Is the applicant also the owner of the subject property? Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to an Planning Commission and City Council meeting that pertains to the applications l 1�18�2�2 Signature No changes as of I Date —J Print Name Jonathan Sanders 3 ( Brandon & Samantha Hathaway Agenda Item 2 Page 10 Disclosure Statement Disclosure Statement Planning&Community -111011 Development = Owner Disclosure Owner Name Brandon Hathaway&et al Applicant Name Brandon&Samantha Hathaway Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes I No • if yes, st the names of a,offices,directo s,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject pub'NNc action?D Yes I No • If yes,what is the name of tune official or employee and what Ps the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5I Brandon & Samantha Hathaway Agenda Item 2 Page 11 Disclosure Statement Disclosure Statement Vi3 fit of l'irvirrd, Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterakzation,etc)or aro they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes ❑ No • If yes,identify the financial institutions. Cerdar 2. Does the Owner have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner puwidrrl in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1 No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?ON Yes ❑ No • If yes,identify the engineer/surveyor/agent. UFP Construction engineered the trusses. 61 Brandon &Samantha Hathaway Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement1113 caN t Planning&Community 'sk,s. Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature f.')( 144(' Plant Pvis and Title Date 71Page Brandon &Samantha Hathaway Agenda Item 2 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. Brandon &Samantha Hathaway Agenda Item 2 Page 14 Item # 2. Brandon & Samantha Hathaway [Applicant] Brandon Hathaway & et al [Owner] Conditional Use Permit (Outdoor Recreation Facility) 5025 Cullen Road November 4, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Wall. The next item is item number 2, Brandon and Samantha Hathaway for a Conditional Use Permit for Outdoor Recreation Facility at 5025 Cullen Road, is the applicant available? Welcome, please state your name for the record. Ms. Hathaway: Samantha Hathaway. Mr. Hathaway: Brandon Hathaway. Mr. Weiner: In our morning briefing, we looked at condition number one, and we have extended the hours from 8 AM to 9 PM. Is that — are you agreeable with that, acceptable? Ms. Hathaway: Yes. Mr. Weiner: Okay, just want to make sure and all the other items are acceptable with. Ms. Hathaway: Yes. Mr. Weiner: Okay, great. Thank you very much. Ms. Hathaway: Thank you. Mr. Weiner: Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Redmond, can you read this into the record for us. Mr. Redmond: Thank you, Mr. Weiner. This is an application of Brandon and Samantha Hathaway for a Conditional Use Permit, and in particular, a batting cage out there at their home, very near where I live by the way, this is a 1 .19 acre parcel that's zoned R-40 residential within Lakeview Park. The applicant was simply unaware that this batting cage which they use for their own personal use, for their children, and for their children's friends, required a conditional use permit brought to city's attention. And so they've applied in that regard. This morning in our discussion we came about the idea that in the summertime, it's light until 9 o'clock very, you know, very commonly and it's not inconceivable that kids would want to be in the batting cage, you know, 8:30—8:45, something like that. So that was the purpose of extending 1 those hours. Now, there are a couple of conditions that the city staff put on this opening the structure up. So the three sides of it are open such that it continues to be an Outdoor Recreation Facility. It's a very routine thing for people to have recreational facilities in their backyards for their children and their children's friends. So this is very much a housekeeping order. There is no opposition. Staff recommends approval and the commission concurs by consent. Thank you. Mr. Weiner: Thank you. The next items, item 16 which is Short Term Rental the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the consent agenda as this application meets the applicable requirements of Section 241.2 of the Zoning Ordinance, staff support the application and there is no known opposition for this request for item number 16. So in saying that I move for approval on the consent agenda item 1 ,2,3,4, 5, 7, 8, 11 and 16. Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair, for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. Ms. Oliver: Are there anymore? All right. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent, Mr. Coston Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent, Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein 2 Ms. Klein: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. Mr. Wall: Aye. Ms. Sandloop: Vice Chairman Weiner Mr. Weiner: Aye Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By recorded vote of eight to zero, agenda items number one, number two with conditions as amended, number three, number four with Commissioner Wiener abstaining. Number five with conditions as corrected, number seven, number eight, number 11 and 16 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 3 1. Use of the batting cage shall be limited to the hours between 9:00 a.m. to 89:00 p.m., daily. 2. The applicant shall maintain the existing six-foot tall privacy fence along the backyard property lines. 3. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 4. Within ninety (90) days of City Council action, the applicant shall file all necessary permits with the City for review and approval for the batting cage structure. 5. The applicant shall add siding to the walled side of the batting cage structure so that plastic building wrap is not visible. 6. The batting cage structure shall remain open on at least three (3) sides. 7. The batting cage shall not be opened to the general public nor shall it operate for profit. 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. 4 Leonard& Mandy Johnson 1464 Maharis Rd Virginia Beach, VA 23455 Planning& Community Development Planning Administration Division ATTN: Jonathan Sanders 2875 Sabre St, Suite 500 Virginia Beach,Virginia 23452 RE: 5025 Cullen Road Dear Mr. Sanders, We live behind 5025 Cullen Road. Mr. Hathaway(Brandon)has always been active in softball/baseball and has had a batting cage on the property for thirteen years. My wife and I understand that Brandon needs a letter from us to the City of Virginia Beach acknowledging that the structure is within the easement to our property and we approve. Should you have any questions,please feel free to call me at (757) 515-4930. Respectfully, Gy ' Leonard A.Johnson To Whom It May Concern, We own the property located at 5025 Cullen Road. There has been a batting cage there for about 25 years. We have recently put a roof on and two walls up for purpose of our son practicing. We have contacted the surrounding neighbors who agree that the structure is in no way a problem and it does not cause any unnecessary traffic or noise. t,/ .5°2 t C�, 11 .1,1 Print name Address /D _3 Signature Date le - —2E; Print name Address Signature Date , I (4 P14 0_; Print name Address PO/Lt ival 7D Signature Date / The owners of the home behind us has also written a letter to tb city ersonally to approve of the structure. v' Thanks, Brandon and Samantha Hathaway flYieb 0/0104. ( 0 1 9\ Asz, c-0 9-e, • ft. — su1/4-4)Fd---?) _ ____ 'R\1\01 _____ _ ___ __ __________ ____ _ . _. __ ,. IL1 � Iq6? MA'S pu ark, 1 7 5cum1502 502.A Cater i n,i r :,7,1,,,, ,,.1, , ,',.,„ 1 q , ,, I _ _........, __.,_ .,-, , __ ,..__________,______ Cii,'0,0 , Cuttten 11 ° ,', \ I__ , , c:3 miL ii..' % (—). , OR I\ \ 11 1-0R ` ►1 �, 0 '' N___ ......_ _ :_:-..___,- 0 1,1tA ,, y street ,= ,____- fei ;� OR R . 2.A il \ri; I \ \,,,, 00 O dR /6 \ % \. --' 17 I \ ' SA r OR 4 \100 cv1\0 tu,_ \, ii 0 - , \ i, \*\ __ ,teat f olhst 2 --O�R - \ v lige /Aki f.r , OR \ i it, N /// Site Rosetta Denise Ciconta 1,,, ,4 Property_Polygons 2014 Atlantic Avenue s Zoning I Parking Lot Drive Aisle - mi.. Feet Building 0 2040 80 120 160 200 240 os au��hHl�(ft, e., ., ,:, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ROSETTA DENISE CICONTA [Applicant] KYRUS-PERROS, LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 2014 Atlantic Avenue (GPIN 2427184397). COUNCIL DISTRICT — BEACH MEETING DATE: December 1, 2020 • Background: The 14,418 square foot parcel on property zoned Oceanfront Resort Form-Based Code District has a mixed retail on the first floor and 7,100 square feet of space on the second floor, which was formerly Shaka's Live entertainment venue. The second floor space is proposed to be used as an indoor wedding and large gathering space; therefore, a Conditional Use Permit for Assembly Use is requested. The applicant has been hosting wedding ceremonies and receptions at the Virginia Beach oceanfront for six years. At this site, they are proposing to hold indoor wedding receptions, private events, live music and other celebrations daily. As the property is zoned Oceanfront Resort Form-Based Code District, there is no parking requirement for this use as it is east of Pacific Avenue; however there is limited parking of eight parking spaces on the rear of the site, primarily for all tenants on the site. Guests may walk from local hotels; park along the public streets, and in nearby commercial and municipal parking lots; or use rideshare services. • Considerations: The requested use is acceptable as the venue is within the vibrant mixed-retail Resort Area and aligns with the vision of the Resort Area Strategic Action Plan 2030. The site is adjacent to mixed retail uses and is in an ideal area for events and large gatherings with its proximity to the beach, boardwalk, dining, entertainment, activities and parking options. As noted above, on-street parking, commercial and municipal parking lots, and rideshare opportunities are available to attendees of the proposed assembly use venue. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On November 4, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Rosetta Denise Ciconta Page 2 of 2 1. A Certificate of Occupancy shall be required prior to the occupancy of the Assembly Use in the building. 2. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal • 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 6e' City Manager: V/cf Applicant Rosetta Denise Ciconta Agenda Item Property Owner Kyrus-Perros, LLC Public Hearing November 4, 2020 3 , i City Council Election District Beach Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation ° �, Approval o �.+*"R°' ,Ut,Steeet �, eo ij. 22gth to SSvt�o�l Staff Planner '^ vet.—` Jonathan Sanders 2 9 O tt,strop"t G 25 S 9 T`O 2 ` et D � Location 41"51e 2,rd 5t1eet 2014 Atlantic Avenue 2r,°5tree` r G P I N 2� 2,st Street 20,1 5t,eet 264 2427184397 2 0 190g,°1s,Saeet 8 Site Size 214,418 square feet y v,,9, a�°1b"'S�t11: AICUZ 4.0q t65-70 dB DNL; Sub-Area 1 t,eet`,3th5Watershed ,2th Street sak tothsveet T-`. Norfolk Avenue Atlantic Ocean Existing Land Use and Zoning District - T. Mixed retail/OR Oceanfront Resort 22�ds`t " le � 'i .0 Surrounding Land Uses and Zoning Districts fi , ;• `` " 'I►, North ` . Mixed retail /OR Oceanfront Resort ' \• 41 A r I_ .-'-$t,eet , •, ` South ,' et t sue''\s s 1 Mixed retail/OR Oceanfront Resort ,• �k \ r 4 East ,.. .� ▪ rr. -� ° f �� Atlantic Avenue +��u- ;r. , , 1;,- s '' Hotels/OR Oceanfront Resort a' , t �t' t-Zathstr .., t f_. West . : \ , .mot Parking lots/OR Oceanfront Resort a'7' %\t r 1 J V5 4 I s .�5t�1fC 1 -; Rosetta Denise Ciconta Agenda Item 3 Page 1 Background & Summary of Proposal • The 14,418 square foot parcel on property zoned Oceanfront Resort Form-Based Code District has a mixed retail on the first floor and 7,100 square feet of space on the second floor,which was formerly Shaka's Live entertainment venue. The second floor space is proposed to be used as an indoor wedding and large gathering space;therefore,a Conditional Use Permit for Assembly Use is requested. • The applicant has been hosting wedding ceremonies and receptions at the Virginia Beach oceanfront for six years. At this site,they are proposing to hold indoor wedding receptions, private events, live music and other celebrations daily. • There is limited parking of eight parking spaces on the rear of the site, primarily for all tenants on the site. As the property is zoned Oceanfront Resort Form-Based Code District,there is no parking requirement for this use as it is east of Pacific Avenue. Guests may walk from local hotels; park along the public streets,and in nearby commercial and municipal parking lots;or use rideshare services. OR OR Zoning History Zststr•°t .011 # Request 1 CUP(Eating and Drinking Establishment)Approved 2 d 06/08/2004 2 NON(Enlargement of a Nonconformity)Approved A 3 .o 03/10/1998 200 Stt°•t 3 MOD(Commercial Parking Lot)Approved 11/13/2012 CUP(Commercial Parking Lot)Approved 08/23/2011 OR 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 CRZ—ConditionalRezoning STC—StreetClosure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The proposed Conditional Use Permit for Assembly Use is, in Staff's opinion, acceptable as the venue is within the vibrant mixed-retail Resort Area and aligns with the vision of the Resort Area Strategic Action Plan 2030 to accommodate events and gathering in this area. The Resort Area is the ideal area for events and large gatherings with its proximity to the beach, boardwalk,dining, entertainment,activities and parking options. As this site is adjacent to mixed retail uses and no residential or hotel units,and music and activities will be indoors,there is no need to limit the hours of operation. The site is within the Oceanfront Resort Form-Based Code District and does not require parking for this use. As noted above,on-street parking,commercial and municipal parking lots, and rideshare opportunities are available to attendees of the proposed assembly use venue. Based on the considerations above,Staff recommends approval of the application subject to the conditions listed below. Rosetta Denise Ciconta Agenda Item 3 Page 2 Recommended Conditions 1. A Certificate of Occupancy shall be required prior to the occupancy of the Assembly Use in the building. 2. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area (SGA).The Resort Area Strategic Action Plan 2030, adopted in 2020, is the master plan prepared for this SGA. RASAP 2030 is a strategic plan that establishes new goals for the Resort SGA in the next decade.The vision for the Resort SGA is to identify and implement public amenities and infrastructure improvements and update codes,guidelines, and city review processes to encourage private development, enabling the Virginia Beach Resort Area to become a diverse,world-class,year-round coastal community for residents and visitors. RASAP 2030 identifies multiple sub-districts of the Resort SGA. Each of these districts has its own distinct character which,through additional placemaking efforts aimed at further distinguishing each district,will be the key to a diverse resort area that has something for everyone to enjoy year-round.The subject site is in the Oceanfront Corridor,which includes Atlantic and Pacific Avenues.This is the main north-south connector in the Resort Area and is the area where the majority of visitors stay and gather. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean 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 Existing Land Use 3-1,048 ADT Atlantic Avenue 8,800 ADT1 12,500 ADT 1(LOS 2"D") Proposed Land Use 4—No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service s as defined by 14,400 square feet 4 No change anticipated for proposed use of OR Zoning with 7,000 square feet of retail and 7,000 square feet of restaurant space. Rosetta Denise Ciconta Agenda Item 3 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Atlantic Avenue in the vicinity of this site is a two-lane undivided minor urban arterial. There are no roadway CIP projects for Atlantic Avenue near this site. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on October 2, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 25, 2020 and November 1, 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 October 26, 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 October 29, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22, 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 November 16, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on November 25, 2020. Rosetta Denise Ciconta Agenda Item 3 Page 4 Site Context t _ - ,mdie\': 1,-- • .,,, stre_., 22n WO.,.ops''''' .. , ' .--t- 1•,- , -NJ ......6•411_, ----I• ''''• '-'“Ii:L•• '.,_, '-'s :"-'•c, " -- - --- —.-. -.-.-. -1, .4.__" -,--.----.. .*- - -; . ,. Parking . • . . . - ' 'k • ,i-,,v.,•-- , * , CO •' ' i -•tc" ::"•--- •--- •"...."- -..Aar ., . •', .. .....,..... ,I t. • . • :- :A. ..... . . . ,.. -- -- :4-- .,‘,...- _-.-.-.• , •, a . t "V iI.5# ' .-• • stfeet , . • % • . .. ,----.--_ . . . ''.'7",' ' . l'iSt _ ...•"-- 911 lk. ' - '.-- Site Y ' ' , ''''• ', ' . '---e: . . 4., 1 . • ''• V -,-- '.. ' il tit - ! it !. . ., ', a e -, . CD > '• - ' ,. ;:•.. ,....,..r-.... . . ....ID. , , . . , t___ .1. c 4.. •,....,.....v - '• ' t , .. .,._ 0 , t I - ' Stt eet . . — I I 4 -.--• Parking,j-• . - ' ' *iti-iiitt . • - ., -, . t - t • .- ..., . , 4c re, 1,..,.s,:: tr.- , City Parking '. . ... '- . . . _11(. ':•---, 1 str e et -:•• Rosetta Denise Ciconta Agenda Item 3 Page 5 Proposed Floor Plan 9NID&I(NV IlIN d 2IO4 oz i Cv 9 16b£Z VA NaV38 VINI 8 ^921IA o 0 3AV 7L1NV11V b I OZ . f.d _ I dM071N2WNIV12J31N2 VAO3 dO SNOLLV21311V 21OIJ31NI zv ., Q s i 0 da x P P v } e # 4 p g 1 .. ,11F { .ozE g s , } SiEzi ; r U t * v -— 4—._ 1 j .. 2 ! ! 1 r Il ' r •. —.Ii I . .. ..>- t. 0 L - �'`''r o by ti LLLLI ,,7V .,,/' r,, ; L �c]fJ - - i-. 0 .1 II h---j . i Y t i • Lei ♦ A • .. i ,, >w �_ VVV 0 p Ift: c,< - fife — , s; , . . t Rosetta Denise Ciconta Agenda Item 3 Page 6 Site Photos u.. 3 a"' + 1j ' $ ` a :. - .'.. • _ •::. sa- _ _� _--ate' `~ "� :# r - y 1 pFt � � - t illiiillk f • 44. \ r ,, .:. IT :r_ 1 1 Rosetta Denise Ciconta Agenda Item 3 Page 7 Site Photos —c—=-- — _ _ 1{,..11--.1,77rn -1111b"� a i - - �a `?£* ,e. 4" .�l'�'�: gam,+s. .- ptl Rosetta Denise Ciconta Agenda Item 3 Page 8 Disclosure Statement Disclosure Statement Ai13 Cuy ViTiJAV Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Rosetta Denise Ciconta Does the applicant have a representative? ❑Yes in No • if yes, .st the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ® No • If yes.list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessaryy) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity- relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Rosetta Denise Ciconta Agenda Item 3 Page 9 Disclosure Statement Disclosure Statement Ciyujt'i tis6aa�� Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions. 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers. 2 Rosetta Denise Ciconta Agenda Item 3 Page 10 Disclosure Statement Disclosure '' *V3 . ,. Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?oYes 10 • If yes,identify the construction contractor. 7. Does the app ica nt have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?nYes 'eiAlo. • If yes,identify the engineerisurveyoriagent 8. Is the applicant receiving legal services'n connection with the subject of the application or any business operating or to be operated on the property?[.:Yes iNNo • If yes,identify the name of the attorney or firm providing legal services Applicant Signature IcertifythatalloftheinforrnationcontainedinthisDisciosureStatementFormiscomplete,true.andaccurate I unoerstand that upon receipt ofnotificat;on that the application has been scheduled for public nearing.lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA. Wetlands Board or any public body or committee in connection with this application. Applicant Signature ' __ Print Name and Titter o c_p 'J t >>C Date 81 Is the applicant also the owner of the subject property? Yes • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as Date 11/18/20 signature Jonathan Sanders of of •y3o� afPags Rosetta Denise Ciconta Agenda Item 3 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development Owner Disclosure Owner Name t 115 Pero _ Applicant Name e-9-if-e( J�--.L-I0t'vtrA is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? eS ❑NO • If yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list 1f necessary) • If yes,list the bus+nesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea interest f1 have an interesn the subject land or any proposed development contingent on the subject pubic action?. Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 'Parent-subsidiary relationship"means"a relationsnip that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. `"Affiliated business entity relationship'means"a re,ationship,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,`,elude that the same person or substantially the same person Own or rranngn 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." Sec State and Local Government Conflict of Interests Act,Va. 7e Code§2.2-3101. / �._L 7S7-cr21:43Dj _cefdaCG SIPaye� Ji/ iraubPttefuA1, �, r` Cm'rl Rosetta Denise Ciconta Agenda Item 3 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1, Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing i co ection with the subject of the application or any business operas ng cr to be operated on the property? ❑Yes No • If yes,'dentify the financial institutions. 2 Does the Owner ave a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provioe connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • It yes,identify the firm or individual providing the service 4. Does the Owner have services from ar architect/landscape architect/land planner provided ipfannection with the subject of the application or any business operating or to be operated or.the property?0 Yes t�(No • If yes,identify the firm or individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • If yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor connection with the subject el the application or ary busiress operaung a to be operated on the property?0 Yes No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/ ent connection with the subject of the application or any business oue'atirg or to be operated on the property?❑Yes No • if yes,identify the engineer/surveyor/agent. qoalittC/4CDzl4 757 '? .40 ylti alum ��r.;�vr(a�Uc-�tt�G Rosetta Denise Ciconta Agenda Item 3 Page 13 Disclosure Statement Disclosure StatementV13 r„,<,-1r4«, Planning&Community Development 8. Is the Owner receiving legal services iq con'of-tion with the subject of the application or any business operating or to be operated on the property?0 Yes �iyf\N(O • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,ano accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. owner Signature /ri ,ey,eus " Print Name and This .>Date 7 1 P ge Rosetta Denise Ciconta Agenda Item 3 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. Rosetta Denise Ciconta Agenda Item 3 Page 15 Item # 3. Rosetta Denise Ciconta [Applicant] Kyrus-Perros, LLC [Owner] Conditional Use Permit (Assembly Use) 2014 Atlantic Avenue November 4, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Redmond. The next is item number 3. Rosetta Denise Ciconta for Conditional Use Permit for Assembly Use at 2014 Atlantic Avenue. Is the applicant available? Welcome, please state your name for the record. I hope I didn't make it - tear it up too bad. Ms. Ciconta: Rosetta Ciconta Mr. Weiner: That was close, there you go. Are all the conditions acceptable? Ms. Ciconta: Yes, they are. Mr. Weiner: Okay. Thank you very much. Ms. Ciconta: Thank you. Mr. Weiner: Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Alcaraz, would you like to read this into the record for us. Mr. Alcaraz: Thank you. Agenda item number three, at 2014 Atlantic Avenue for Conditional Use Permit for an Assembly Use. The 14,408 square foot parcel on property zoned Oceanfront Resort Form Based Code District has mixed retail on the first floor and 7,100 square feet space on the second floor which was formerly Shaka's Live entertainment venue. The second floor space is proposed to use as an indoor wedding and large gathering space. Therefore, a Conditional Use Permit for Assembly Use is requested. The applicant has been hosting ceremonies and receptions at the Virginia Beach oceanfront for the past six years. At this site, they will be proposing to hold indoor weddings and receptions and private events, live music and other celebrations daily. There's no parking requirements for this use. The proposed Conditional Use Permit for Assembly Use with the staffs opinion is acceptable with this venue within the vibrant mixed retail resort area aligns with the vision of the Resort Area Strategic Action Plan 2030 to accommodate events and gatherings in this area. Based on the considerations stated in the report, the Planning Commission has approved 1 or is recommending consent for the application with the conditions listed in the report. Thank you. Mr. Weiner: Thank you. The next items, item 16 which is Short Term Rental the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the consent agenda as this application meets the applicable requirements of Section 241.2 of the Zoning Ordinance, staff support the application and there is no known opposition for this request for item number 16. So in saying that I move for approval on the consent agenda item 1,2,3,4, 5, 7, 8, 11 and 16. Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair,for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. Ms. Oliver: Are there anymore? All right. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent, Mr. Coston Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent, Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein Ms. Klein: Aye. 2 Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. Mr. Wall: Aye. Ms. Sandloop: Vice Chairman Weiner Mr. Weiner: Aye Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By recorded vote of eight to zero, agenda items number one, number two with conditions as amended, number three, number four with Commissioner Wiener abstaining. Number five with conditions as corrected, number seven, number eight, number 11 and 16 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A Certificate of Occupancy shall be required prior to the occupancy of the Assembly Use in the building. 3 2. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 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. 4 /,# \,' ,, \ i‘ 4- ,,,,,', dv \ ‘,..\ ,R7.5,, . 4k �, s ` _,,-J 0 \ ,, . ,/ , ,,,/,\.\\NN\ pA, A. \ ‘‘< \ 11. \ ® Mry�f aa'JY vE, ,.< ,.,\ . ` /11‘ ,6'',_//fosa,\',,,,'''' ---------: ' f ,�, r � �� R10 X t • / �� ,,),,,,56-:",‘, .4ss,,\---,/,,,/ • lb °//,. 2 .., \ /2 P . N. / a .. 4,/ Oillt * p :07444N, \\\'),>4 0 s , , ® "Itirillo %Nu-� �� o 2.. 7 \ 4 ,/ + 41,, C3 M',,,,,,,v14k,,, J A h X. VA Site Kendyl Teague W E Property_Polygons 613 N. Lynnhaven Road s Zoning 1 Parking Lot Drive Aisle Feet Building 0 25 50 100 150 200 250 300 � �� S, 4 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: KENDYL TEAGUE [Applicant] STEWART INVESTMENTS, LLC [Property Owner] Conditional Use Permit (Beauty Salon) for the property located at 613 N. Lynnhaven Road (GPIN 1487897134). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: December 1, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Beauty Salon on a property zoned 0-2 Office District. The Zoning Ordinance identifies a Beauty Salon as a conditional use within the 0-2 Office District and as such, a Conditional Use Permit is required. • Considerations: The beauty salon and spa will occupy 4,000 square feet of an existing building. The remaining 2,760 square feet of the building will be leased to a separate user for office space. Interior renovations are proposed to the building to accommodate the beauty salon. No exterior changes are proposed, aside from a change in the logo on the existing freestanding monument style sign located at the entrance along N. Lynnhaven Road. The existing parking area only has access on N. Lynnhaven Road and consists of 26 parking spaces, thereby exceeding the minimum parking requirement by one space. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On November 4, 2020, the Planning Commission placed this request on the Consent Agenda by a recorded vote of 8 to 0, passing a motion to recommend approval. 1 . A business license for the beauty salon shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The property shall be in substantial conformance with the submitted revised site layout exhibit prepared by Synertron Engineering, September 22, 2020. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Kendyl Teague Page 2 of 2 3. Any on-site signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �— Submitting Department/Agency: Planning Department �I�� 7 City Manager: f'kP Applicant Kendyl Teague Agenda Item Property Owner Stewart Investments, LLC N ( Public Hearing November 4, 2020 8 City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Beauty Salon) Staff Recommendation ` , Pelham Plan Approval �-�'". o Staff Planner ` V�Ca Bill Landfair P �r�`* � Location .�, - 613 N. Lynnhaven Road �a6��,� F` �a�R e GPIN �' o er 1487897134 R`'' ��"''' Alir .a m ./ l f! O. w �b Coe ,-. c 1.1.. G ; 'o spec ��O �s�cr�' Srt c m 0 4�. b { 2 Al' Site Size , p - 'hi, �J 22,203 square feet a �/ AICUZ Edinburgh Drive ( \ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office /0-2 Office , " .._ ‘''' _,_ Surrounding Land Uses and Zoning Districts �+; °° ` <y�� North �< - 1,, Office /0-1 Office ' �'�0., `` 1 South . ' ��,,s , \ •-- Single-family dwelling/ R-7.5 Residential • East N. Lynnhaven Road P` ' King's Grant Elementary School/R-10 ti r J_ c,s' 6 Residential , �n<e` v• West Single-family dwelling/ R-7.5 Residential ` g ... z. Av atop A A\ :; Kendyl Teague Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Beauty Salon proposed within an existing commercial building along N. Lynnhaven Road on a property zoned 0-2 Office District. The Zoning Ordinance identifies a Beauty Salon as a conditional use within the 0-2 Office District and as such, a Conditional Use Permit required. • The beauty salon and spa will occupy 3,800 square feet of the building, with an additional 200 square feet proposed for storage. The remaining 2,760 square feet of the building will be leased to a separate user for office space. The proposed salon will provide services such as hair treatments,facials, makeup, Botox, body waxing, and massage therapy. • According to the application,the beauty salon will have up to 12 employees. The typical hours of operation will be from 9:00 a.m. to 7:00 p.m., Tuesday through Saturday. • Interior renovations are proposed to the building to accommodate the beauty salon. No exterior changes are proposed, aside from a change in the logo on the existing freestanding monument style sign located at the entrance along N. Lynnhaven Road. • Existing plant material of trees and shrubs will remain along N. Lynnhaven Road, while additional turf areas and foundation plantings are planned. • Per Section 203 of the City Zoning Ordinance,the beauty salon requires one space per 250 square feet of floor area and the office requires one space per 330 square feet of area. The existing parking area consists of 26 parking spaces,thereby exceeding the minimum parking requirement by one space. t-7.5/ ilkt► C ;;.'°` 4 R-10 Zoning History # Request 1 REZ(R-7.5 to Conditional 0-1)Approved 09/05/2017 ,• 2 SVR(Subdivision Variance)Approved 09/08/2009 R-7.5 Y. C rd' / 2 \ R-7.5 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 SVR—Subdivision Variance Kendyl Teague Agenda Item 8 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for a beauty salon, in Staff's opinion, is acceptable. As previously stated,the existing building will remain substantially the same with proposed improvements limited to the interior of the building and updated signage. The beauty salon will occupy 3,800 square feet of the existing building,with another 200 square feet used for storage,and 2,760 square feet leased for office space. The services to be offered by the beauty salon are typical for a use of this type. In Staff's opinion,this use provides a needed service to the community and will not change the character of the neighborhood, nor will it affect the surrounding residential properties any differently than any of the by-right office uses permitted in the district. Adjoining the subject property to the north are offices for a law firm on property rezoned to the 0-1 District in 2017 and across N. Lynnhaven Road to the east is King's Grant Elementary School,so this stretch of N. Lynnhaven Road is not residential. The proposed use is a low traffic generator and there is adequate parking in the existing parking area for patrons and employees. Existing trees and vegetation along the street frontage will be retained to preserve the visual appearance of the property from the roadway. Prior to opening the beauty salon,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for hygiene, licenses, recordkeeping, inspections,cleanliness and permitting. At the time this report was written, Staff is not aware of any opposition to this request. Based on the considerations described above,Staff recommends approval of the application subject to the condition listed below. Recommended Conditions 1. A business license for the beauty salon shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The property shall be in substantial conformance with the submitted revised site layout exhibit prepared by Synertron Engineering,September 22, 2020. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. Any on-site signage shall meet the requirements of the City Zoning Ordinance,and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Kendyl Teague Agenda Item 8 Page 3 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 maintain great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintain 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. The proposed beauty salon provides a needed service to the community and,with the conditions listed in the staff report,will not be detrimental to any adjacent land uses. 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 on this property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic — N. Lynnhaven Road 9,100 ADT1 12,600 ADT 1(LOS 2"D") Existing Land Use33 65 ADT Proposed Land Use 65 ADT lAverage Daily Trips 2 LOS=Level of Service 3 There is no trip generation data available for a beauty salon;however,no change expected. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Lynnhaven Road is currently a two-lane undivided collector roadway in the vicinity of the site. There are no plans to improve this portion of N. Lynnhaven Road. Public Utility Impacts Water&Sewer The site is currently connected to both City water and sanitary sewer services. There is an existing 20-inch water transmission main along N. Lynnhaven Road and an existing 8-inch sanitary sewer gravity main along N. Lynnhaven Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 5, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 2020. Kendyl Teague Agenda Item 8 Page 4 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on October 19,2020. • 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 October 29, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22,2020. • 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 November 16, 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/Bookma rkedAgenda.pdf on November 25, 2020. Kendyl Teague Agenda Item 8 Page 5 Revised Site Layout, 09/22/2020 L=108.60 N 33'36' E pin Ul j, =j =j ,;, \IIIIIIIIIIII R 1 s � _7 g j' { m 5 I ivop f i a ronr-oiri;. c:rr j Existing �r Monument Sign +`a 154 1 4 . _. Pir.(0 N.LYNNIIAVEN ROAD pin In (50'R/W) Kendyl Teague Agenda Item 8 Page 6 Existing Elevation & Monument Sign 1 s t ?. Ai: ' s a • t ,,,-': \ _,,,___ <,- - _ p� e : x` 4. Y , iiii LI , : ., — .4;_,,, .., ....____. . ...._ • e : : r ., " NI 6 ,t ../ - . Mil ' i .: ' ',, - COUP Aws, - _ I - - 4 `W as>.'a-- Kendyl Teague Agenda Item 8 Page 7 Site Photo r . . e r" A 4 19. Fi, , ,,,,,,:,,,, ,. ......:::::.,41,..„",....7. ..,.,,1,01101"rt,.....:„. "14, , ' IQ r • _ y g,i1 __: : ::-- :: ' --".ts-44--- . y '12 �1S 4 ��v 'Nr r • Kendyl Teague Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement Ciro of'irvinia Ban*, Planning&Community - Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Hair by Kendyl Nicole,LLC Does the applicant have a representative? U Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esquire(Sykes,Bourdon,Ahern&Levy,P.C.) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes.list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Kendyl Teague,Manager • If yes,list the businesses that have a parent-subsidiary cr affiliated business entity-relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. •"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity.or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets:the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ) Kendyl Teague Agenda Item 8 Page 9 Disclosure Statement Disclosure Statemen . ca„ strc 5'4t Planning&Commu r _' Development Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the appiicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? •Yes ❑No • If yes,identify the financial institutions. Dogwood State Bank 2. Does the applicant have a real estate broker/agent/reahor for current and anticipated future sales of the subject property? ®Yes ❑ No • If yes,identify the real estate broker/realtor. The Katsias Company(Jason toizou) 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?Cl Yes li No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes It No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2I Kendyl Teague Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement A/13 CU4.1 s'ivi.uv bash Planning&Community Development • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes = No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes It No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. R.Edward Bourdon,Jr.,Esquire(Sykes,Bourdon,Ahern&levy,P.C.) Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Kendyl Teague,Manager Print Name and Title November 2,2020 Date Is the applicant also the owner of the subject property? ❑Yes ON No • If yes, reed tc I c;t:he cnvner disdn-.re;tatrrcent FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 11/17/2020 Signature fiG Print Name Marchelle L. Coleman 31 Kendyl Teague Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement City dvEsin&o! Planning&Community Development Owner Disclosure ( l Owner Name 54-e c,.J0.t4- 1/Hit�eSment, LL Applicant Name ✓ i!�It _ � ___Ke•1t � / Cale C Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?Eyes ❑No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) — o.•M R 1I5 4-e L'o�.-�' Ke-v;rt 5Tew&r%f, • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) T/A• zC' C p 4, t 7 Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes �No • if yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entities. Factors that snould 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§2.2-310]. 5)Page Kendyl Teague Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement ei,,,,MOtio Dealt - • — _ Planning&Community - Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterali:ation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? jai Yes ❑No • if yes,identify the financial institutions. T 14/4/Eer7,f//, —---2. Does the Owner have a real estate broker/egertt/realtar for current and anticipated future sales of the subject property? , Yes 0 No • If yes,identify the real estate broker/realtor. leg (.7 /- fe.n2 roles 3. Does the Owner have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property? 'Yes ❑No • if yes,identify the firm or Individual providing the service. .S"T0 4//9 / C'o-4i pie) 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ,.NO • If yes,identify the firm or Individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes L'No • If yes,identify the construction contractor./ 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes , No • If yes,identify the engineer/surveyor/agent. 6IPage Kendyl Teague Agenda Item 8 Page 13 Disclosure Statement Disclosure Statement 1 i Planning&Comm inItY - - Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 91 No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Otwner SiQrsteMe /C At/19 el' — 7/9/FTir/G.t' Print Name and Title /2/ 2. 0 2 Date 'Wage Kendyl Teague Agenda Item 8 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. Kendyl Teague Agenda Item 8 Page 15 Item # 8. Kendyl Teague [Applicant] Stewart Investments LLC [Property Owner] Conditional Use Permit (Beauty Salon) 613 North Lynnhaven Road November 4, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, Ms. Klein. The next is item number eight. Kendyl Teague for Conditional Use Permit for Beauty Salon at 613 North Lynnhaven Road, Mr. Bourdon. Mr. Bourdon Again for the record Eddie Bourdon, Virginia Beach attorney representing Ms. Teague. All three conditions as recommended by Staff are acceptable and I want to tell Bill that we will definitely miss him and good luck in your next endeavor. Thank you. Mr. Weiner: Thank you, sir. Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Coston., can you read this into the record for us, please. Mr. Coston: The applicant Kendyl Teague is requesting a Conditional Use Permit for a Beauty Salon proposed within the existing commercial building along North Lynnhaven Road on a property zoned 02 office district. Zoning Ordinance identifies a beauty salon as a conditional use within the 02 Office District and as such a Conditional Use Permit is required. Beauty Salon and Spa will occupy 3800 square feet of the building with an additional 200 square feet proposed for storage. The remaining 2760 square feet of the building will be leased to a separate user for office space. The proposed salon will provide services such as hair treatments, facials, makeup, Botox, body waxing and massage therapy. According to the application, the beauty salon will have up to 12 employees, typical hours of operation will be from 9:00 a.m. to 7:00 p.m. The existing plant material of trees and shrubs shall remain along North Lynnhaven Road with additional turf areas and foundation plantings. The Staff recommends approval and Planning Commission concurs. Mr. Weiner: Thank you. The next items, item 16 which is Short Term Rental the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the consent agenda as this application meets the applicable requirements of Section 241.2 of the Zoning Ordinance. Staff supports the application and there is no known opposition for this request 1 for item number 16. So, in saying that, I move for approval on the consent agenda item 1,2,3,4, 5, 7, 8, 11 and 16. Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair, for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. Ms. Oliver: Are there anymore? Alright. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent. Mr. Coston Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent. Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein Ms. Klein: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. Mr. Wall: Aye. Ms. Sandloop: Vice Chairman Weiner Mr. Weiner: Aye 2 Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By a recorded vote of eight to zero, agenda items 1, 2 with conditions as amended, 3, 4 with Commissioner Weiner abstaining, 5 with conditions as corrected, 7, 8, 11, and 16 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the beauty salon shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The property shall be in substantial conformance with the submitted revised site layout exhibit prepared by Synertron Engineering, September 22, 2020. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Any on-site signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a 3 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. 4 _ ' m , : Q 3 N f CV- 0 3 Nic►r r Q r 0� o rn 1 N i , _ r Q r iimile, 8,„. -":--it h C.0 • CO 1111, ... ; 0 a ' co/_� : • 1.�% ' I • N N, �� o 10 Illr Q-1. -• - 1----0 N N - N ice,II 03 f,_, 7 i . w , On"'4 ,_••••10-0c, 1 _ 1 . „., . 11 1--_-i ( o c=a 13) \ 1 Q a> > CD C.9 M r �� N \c.:: .4,/ ,. / r a) 0 `� Q 0 N Q _ °' o o } 0 I >a.)t 0, m C) F a) o •- Y -0 :2 ` O C 5 CO CL N 0.. CO ��u*7 L (i W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREG S. HORVATH [Applicant] GREG S. & CAROLYN M. HORVATH [Property Owners] Conditional Use Permit (Home Occupation) for the property located at 2321 Vaughan Road (GPIN 2401167454). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: December 1, 2020 ■ Background: This is a request for a Conditional Use Permit for a Home Occupation on a 51-acre parcel in the Princess Anne District. The applicant proposes to operate a home- based business, offering a limited amount of lumber for sale from the owners residence. While silviculture (harvesting of timber) is a by-right use in the AG-1 & AG-2 Agricultural Districts, a Conditional Use Permit is required to process the harvested wood into lumber and to sell it. According to the applicant, no more than three trees per year will be harvested from this property and processed into lumber. The applicant's clients will typically include craftsmen and hobbyists seeking to transform the wood into furniture, etc. Selection and purchase of the lumber will be done by appointment only. The lumber will be stored inside the existing barn building until it is sold. • Considerations: Processing of wood is not unusual in the rural area of Virginia Beach. The Department of Agriculture Staff reviewed the request and has no objection. The impact to adjacent properties will be inconsequential as typically up to three trees are planned to be harvested and processed on-site each year. According to the applicant, the trees selected for removal will likely be impacted by disease or infestation, or have anomalies specific to the species. There will be no heavy equipment, semi-tractor trailers or excavators used for the operation. Trees will be removed by hand and processed into lumber in approximately two hours. The lumber will be hauled by a truck and trailer for storage inside the existing barn building until they are picked up by the purchaser. Traffic impacts will be minimal as the purchasing of lumber is by appointment only and only a few trees are proposed to be processed each year. Staff received three letters of support from surrounding property owners. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Greg S. Horvath Page 2 of 2 • Recommendation: On November 4, 2020, the Planning Commission placed this application on the Consent Agenda, passing a motion by a recorded vote of 8 to 0 to recommend approval. 1. The sale of lumber shall be by appointment only. 2. The processing of trees shall not occur more than five (5)times per calendar year and shall only occur between dusk to dawn to dusk. 3. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Lp City )911-12 Applicant Greg S. Horvath Agenda Item Property Owners Greg S. & Carolyn M. Horvath Public Hearing November 4, 2020 5 City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Home Occupation) Staff Recommendation �d,0eao' Approval "`} a Staff Planner Hoa N. Dao Jdr�S Location om° 2321Vaughan Road1411111, GPIN �,. 2401167454 Site Size Vaughan Roao w PUn"o court 51.68 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ' x Single-family dwelling, pasture land, wooded/ �` < '� AG-1&AG-2 Agricultural • Surrounding Land Uses and Zoning Districts _. ' a . , North Single-family dwellings, pasture land /AG-1& AG-2 Agricultural South Wooded/AG-1 Agricultural ems: East Vaughan Road Single-family dwelling, pasture land/AG-1 & AG-2 Agricultural West Wooded/AG-1 Agricultural Greg S. Horvath Agenda Item 5 Page 1 Background & Summary of Proposal • The application is for a Conditional Use Permit for a Home Occupation to operate a home-based business where the applicant processes a limited amount of lumber for sale. • The applicant is a member of the American Tree Farm System and practices silviculture management. He seeks a Conditional Use Permit for Home Occupation to process and sell lumber.The United States Department of Agriculture Forest Service defines Silviculture as "the art and science of controlling the establishment,growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society such as wildlife habitat,timber,water resources, restoration,and recreation on a sustainable basis." While silviculture is a by-right use in the AG-1&AG-2 Agricultural Districts,a Conditional Use Permit is required to process the harvested wood into lumber and to sell it. • Approximately 28 of the 51.68 acres site is forested area. • According to the applicant, no more than three trees per year will be harvested from this property and processed into lumber. Selection and purchase of the lumber will be done by appointment only by local woodworkers and hobbyists. • The lumber will be stored inside the existing barn building until it is sold. Zoning History AG•+ # Request 1 SVR(Street Line Frontage, Lot Width)Approved 04/18/2018 2 SVR(Street Line Frontage,Lot Width)Approved 05/13/2014 � CUP(Alternative Residential Development)Approved filki‘1111. 05/13/2014 AG-7 '/`�I�j�j� 3 SVR(Street Line Frontage, Lot Width, Lot Area) ',/�jApproved 05/28/2013 4 SVR(Street Line Frontage, Lot Width)Approved r 11/22/2011 5 SVR(Street Line Frontage, Lot Width)Approved rill.. , _ AG-a 08/24/2004 AG-I• 6 SVR(Lot Width)Approved 05/08/2001 CUP(Alternative Residential Development)Approved 05/108/2001 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 Staff supports the proposed application and finds it to be consistent with the typical uses found in the agricultural districts and in the rural area of Virginia Beach.The Department of Agriculture reviewed the request and has no objection.The impact to adjacent properties will be inconsequential as only two to three trees are planned to be harvested and processed on site each year.According to the applicant,the trees selected for removal will likely be impacted by disease or infestation,or have anomalies specific to the species. There will be no heavy equipment,semi- Greg S. Horvath Agenda Item 5 Page 2 tractor trailers or excavators used for the operation.Trees will be removed by hand within the area shown on page five of this report and be processed into lumber in approximately two hours.The lumber will be hauled by a truck and trailer for storage inside the existing barn building until they are picked up by the purchaser.Traffic impacts will be minimal as the purchasing of lumber is by appointment only and only a few trees are proposed to be processed each year. Based on these considerations,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. The sale of lumber shall be by appointment only. 2. The processing of trees shall not occur more than five(5)times per calendar year and shall only occur between dawn to dusk. 3. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence. 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 primarily agricultural and rural related activities.An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental,scenic, and agricultural resources against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Vaughan Road No Data Available Existing Land Use 2-10 ADT1 Proposed Land Use 3—No Data Available 'Average Daily Trips gas defined by a single-family 3No information available in the dwelling ITE Trip Generation Manual Greg S. Horvath Agenda Item 5 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Vaughan Road is a two-lane undivided local street. It is not included in the MTP and there is no roadway CIP project slated for this portion of the roadway. Public Utility Impacts Water & Sewer The site is not served by City water and sanitary sewer services. Public Outreach Information Planning Commission • Three letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 5, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, October 18, 2020 and October 25, 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 October 19, 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 October 29, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 15, 2020 and November 22, 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 November 16, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on November 25, 2020. Greg S. Horvath Agenda Item 5 Page 4 Proposed Site Layout 0 0 a_ it K H�L�SD 2 o ,2.c55�"` U n Pa""- %Iop N5' : • Ptor Rgr .z°a na 0 g a a A' z° n8 fee e ` RdX we-•�01b7fri 4 °3 �§ 47 O (./)'''' ^ Fl i o z° z ^ : 9 _ 3 . . • $A� 3 U � „3 '�_� � 3 : •`ter 5, r u Y A`�. s << Q a Qi .R _ / 3/ =OL.ot.. •ors 17, J 7 4 i / .. NV = ` '1a , !A :WAZ / !: - -1 3 / P c_n w ' X � .: \\ w 14 : i 3 - : / „•:\t,,''' XZ.} \.\\, O O hO' • Wrr :L__\II W d Q x is Cr) ti.. W O RR • 1— a. .tea e gs? a' ge. G1. ggs ' 8 tea Greg S. Horvath Agenda Item 5 Page 5 Site Photos oar 14440, _ itr011Obt -lit • d _ • • Greg S. Horvath Agenda Item 5 Page 6 Site Photos a .. ss � Greg S. Horvath Agenda Item 5 Page 7 Disclosure Statement Disclosure Statement: Planning&Comm€<n :. Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name GLZE6_- tilAi}1 Does the applicant have a representative? ❑Yes I No • If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes a No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity=relationship with the applicant.(Attach a list if necessary) N/A '"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,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(fill 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 rise use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a ciose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. iiP. ge Greg S. Horvath Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement Planning&Communirs Development t � Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach nave an interest in the subject land or any proposed development contingent or the subject public action?❑Yes It No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•cotlateralization,etc)or are they considering any financing in connection with the subject do-the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions 2. Does the applicant have a real estate broker/agent/reafor for current and anticipated future sales of the subject property? yes S No • If yes,identify the real estate broker/realtor. 3 Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?$Yes ❑No h yes,identify the firm or individual providing the service. BOO,Town Point Center,150 Boush St.Suite 1100 Norfolk,Va.23510,Mr.Jorge DabtrUCPA,MSA)Partner 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated or the property?1 Yes ❑No • if yes,identify the firm or Individual providing the service. Virginia Tree Farm Foundation,PO Box 12,Franklin,Va.Mr.Terry Godwin 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • if yes,identify the purchaser and purchaser's service providers Greg S. Horvath Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement 1113 Caps,tb Jym Laic Planning&Communit _ Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or tc be operated or the property?❑Yes III No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject o`the application or any business operating or to be operated on the property?❑Yes 1111 No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services.n connect on with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Discosure Statement Form is complete,true,anc accu rate. l understand that, s pon rece''pt of notification that the application has been scheduled toy public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Greg Horvath ••nt Cygnus Lumber&Millworks. Print name August 15,20- Date Is the applicant also the owner of the subject property? ■Yes 0 No • If yes,you do not neec to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as at Dele 11.17.2020 t'gnah" • Nint Nam?_•- ..--- Hoa N.Dao Greg S. Horvath Agenda Item 5 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Greg S. Horvath Agenda Item 5 Page 11 Item # 5. Greg S. Horvath [Applicant] Greg S. & Carolyn M. Horvath [Property Owners] Conditional Use Permit (Home Occupation) 2321 Vaughan Road November 4, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, Mr. Redmond. Next item is item five, Greg Horvath for Conditional Use Permit for Home Occupation at 2321 Vaughan Road, is the applicant available? Thank you, sir, please state your name for the record. Mr. Horvath: Good afternoon, Greg Horvath and Carolyn Horvath. Mr. Weiner: Are all the conditions acceptable. Mr. Horvath: Yes, thank you, sir. Mr. Weiner: Thank you. Mr. Horvath: Thank you. Mr. Weiner: Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Inman, can you read this on the record for us. Mr. Inman: Thank you, Mr. Weiner. This property is in AG1, AG2, agricultural district, and the applicant wants to have a home occupation to operate a home based business where he will process a limited amount of lumber for sale. The applicant is a member of the American Tree Farm System and Practices silver culture management seeks a use permit in order to produce the lumber for sale. The applicant says no more than three trees per year will be harvested from this property and processed and the lumber and selection and purchase of lumber will be done by appointment only by local woodworkers and hobbyists. Lumber will be stored inside the existing barn building until it is sold. The staff supports this proposed application and finds it consistent with typical uses in agricultural districts of Virginia Beach. The Department of Agriculture reviewed the request, has no objection, the impact to adjacent properties is inconsequential is only two or three trees are planned to be harvested each year. So, based on these considerations, there are several conditions that the sale will be by appointment only. Processing trees will not occur more than five times per calendar year and only occur between dusk— says only occur between dusk and dawn - dusk to dawn. I don't think that's right. 1 Mr. Tajan: I believe that might be reversed. I apologize for the record will ... Mr. Inman: From dawn to dusk. Mr. Tajan: Yes, from dawn to dusk, we will clarify the condition. Yeah, we don't want them to be cutting at 1 o'clock in the morning. Mr. Inman: Yeah, yeah, I thought that'd be a lot of lighting involved in that. Any sign identifying the home occupation will not be eliminated and not be more than one square foot in area and mounted flat against the residence. Based on these recommendations and conditions, we put it on the consent agenda. Mr. Weiner: Thank you. The next items, item 16 which is Short Term Rental the Planning Commission places the following application for Conditional Use Permit for Short Term Rental on the consent agenda as this application meets the applicable requirements of Section 241.2 of the Zoning Ordinance, staff support the application and there is no known opposition for this request for item number 16. So in saying that I move for approval on the consent agenda items 1,2,3,4, 5, 7, 8, 11 and 16. Ms. Klein: I'll second Ms. Oliver: We have a second by Commissioner Klein. Mr. Weiner: Madam Chair, for the record, item number four which is CSA Virginia Beach, I need to abstain from, the applicant is my client. Ms. Oliver: Okay. We're ready for the vote. Mr. Alcaraz: I got it. I just need to disclose something. Sorry about that. Ms. Oliver: No, it's okay. Mr. Alcaraz: That I am the adjacent property owner to item number 16 and I will be voting on impartial but I will be voting for it. Thank you. Ms. Oliver: Are there anymore? All right. Ms. Sandloop: Calling for the vote. Mr. Alcaraz Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent, Mr. Coston Mr. Coston: Aye. 2 Ms. Sandloop: Mr. Graham is absent. Mr. Horsley is absent, Mr. Inman Mr. Inman: Aye. Ms. Sandloop: Ms. Klein Ms. Klein: Aye. Ms. Sandloop: Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Mr. Wall. Mr. Wall: Aye. Ms. Sandloop: Vice Chairman Weiner Mr. Weiner: Aye Ms. Sandloop: Madam Chair Oliver Ms. Oliver: Aye. Ms. Sandloop: By a recorded vote of eight to zero, agenda items number one, number two with conditions as amended, number three, number four with Commissioner Wiener abstaining. Number five with conditions as corrected, number seven, number eight, number 11 and 16 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 CONDITIONS 1. The sale of lumber shall be by appointment only. 2. The processing of trees shall not occur more than five (5) times per calendar year and shall only occur between dawn to dusk. 3. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence. 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. 4 September 9, 2020 To whom it may concern, I am submitting this letter to the City of Virginia Beach Planning Commission in support of the proposed conditional use permit application for Cygnus Lumber located on Vaughan Road in Virginia Beach. I understand that this business will be engaged in Silviculture,sustainable forestry, selective harvesting, and processing of hardwood lumber and holds a sustainable forestry certification from the American Tree Farm System dated August 26, 2020 supporting these activities. I support responsible silviculture and sustainable forestry in the area as being consistent with the agricultural environment of the Pungo community. Further, I support the approval of a conditional use permit that would allow Cygnus Lumber to conduct this business accordingly. Respectfully submitted, (///N___ 2337 Vaughan Rd • Billy Va han September 9, 2020 To whom it may concern, I am submitting this letter to the City of Virginia Beach Planning Commission in support of the proposed conditional use permit application for Cygnus Lumber located on Vaughan Road in Virginia Beach. I understand that this business will be engaged in Silviculture,sustainable forestry, selective harvesting, and processing of hardwood lumber and holds a sustainable forestry certification from the American Tree Farm System dated August 26, 2020 supporting these activities. I support responsible silviculture and sustainable forestry in the area as being consistent with the agricultural environment of the Pungo community. Further, I support the approval of a conditional use permit that would allow Cygnus Lumber to conduct this business accordingly. Respectfully submitted, /V ,/ 2301 Vaughan Rd �T Robert H.Vaughan September 9,2020 To whom it may concern, I am submitting this letter to the City of Virginia Beach Planning Commission in support of the proposed conditional use permit application for Cygnus Lumber located on Vaughan Road in Virginia Beach. I understand that this business will be engaged in Silviculture, sustainable forestry, selective harvesting,and processing of hardwood lumber and holds a sustainable forestry certification from the American Tree Farm System dated August 26, 2020 supporting these activities. I support responsible silviculture and sustainable forestry in the area as being consistent with the agricultural environment of the Pungo community. Further, I support the approval of a conditional use permit that would allow Cygnus Lumber to conduct this business accordingly. Respectfully submitted, o.bi a—cE `��--- 2329 Vaughan Rd ,ShawrrCushing K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION CHESAPEAKE PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items *********************************** 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 pmcgraw�Uvbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/10/2020 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN O M O O L W O O C Y LNOUWS O T T HEE E S S EOIDE T I R Y S S E R N D N CITY MANAGER'S BRIEFINGS ADD ON SHOOTINGS UPDATE Paul W.Neudigate, Chief of Police A. VBCPS REVERSION FUNDING Farrell Hanzaker,Chief Financial Officer— Schools B. COMMERCIAL VEHICLE PARKING Wells Freed,Housing AND STORAGE Code Administrator C. ADDITIONAL LEGISLATIVE Ronald Williams, AGENDA ITEMS(DOME SITE AND Deputy City Manager CONVENTION AND VISITORS Dana Harmeyer,City BUREAU) Attorney D. CARES ACT INITIATIVE— RESCHEDULED MEMORANDUM OF UNDERSTANDING WITH TIDEWATER COMMUNITY COLLEGE E. PENDING PLANNING ITEMS Bill Landfair,Planning Evaluation Coordinator —Planning Kevin Kemp,Zoning Administrator II/III/IV/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y VNI SESSION A-E F. MINUTES APPROVED 8-0 Y A Y Y Y Y A Y A Y Y B B SPECIAL FORMAL SESSION S S October 20,2020 T T A A I I N N E E D D G. MAYOR'S PRESENTATION 1. PROCLAMATION RESCHEDULEDTO NATIVE AMERICAN HERITAGE NOVEMBER 17,2020 MONTH 2. RECOGNITION 2020 Sister Cities Association of Virginia Beach(SCAVB) Youth Ambassador 3. PRESENTATION TO CITY COUNCIL —VB HOME NOW Ray Bjorkman, Chairman CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/10/2020 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T T HEE E S S EOPE T I R Y S S ERNDN H. PUBLIC HEARING 1. AMENDMENT TO FY 2020-21 1 SPEAKER RESOURCE MANAGEMENT PLAN— SCHOOL REVERSION FUNDS J.1 Ordinance to AMEND Section 7 of DEFERRED TO 10-0 Y Y Y Y Y Y Y Y A Y Y Appendix J,Agricultural Reserve NOVEMBER 17, Program re eligibility criteria(Requested 2020,BY CONSENT by Councilmember Henley) J.2 Resolution to ADOPT a City Council DEFERRED 10-0 Y Y Y YYY Y Y A Y Y Policy for Public Outreach and INDEFINITELY Engagement re Development Applications that Require City Council Approval(Requested by Councilmember Henley) J.3. Ordinances to AMEND City Code: ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y CONSENT a. Section 2-75 re clarify law clerks as non-merit employees b. Section 2-411 re Emergency Management Coordinator c. Section 17-3 re increase the number of members to the Public Library Board J.4. Resolution to AUTHORIZE Twelfth ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Supplemental Master Water and Sewer CONSENT Bond Resolution of February 11,1992 and AUTHORIZE the sale of up to $101-MILLION Refunding Bonds,Series of 2020 J.5. Resolution to AUTHORIZE and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y DIRECT the City Manager to CONSENT EXECUTE a Memorandum of Agreement re The Hampton Roads Regional Groundwater Mitigation Program J.6. Ordinance to RELEASE$30-Million for ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Capital Project#100291,"Operations CONSENT Facility Renovations"re renovations of Municipal Center Buildings 1,2 and 11 J.7. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y APPROPRIATE from the Federal CONSENT Emergency Management Agency (FEMA)to the FY 2020-21 Fire Department Operating Budget: a. $208,246 re reimbursement of cost for the deployment of the Virginia Task Force 2 Urban Search and Rescue Team to assist areas impacted by the Oregon Wildfires and Tropical Cyclones Laura and Marco CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/10/2020 PAGE: 3 B AGENDA R 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 THEE E S S E O O E T I R Y S S ER NDN b. $987,213 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team and AUTHORIZE 0.2 FTE c. $13,464(for the)FY 2018-19 and $83,833(for the)FY 2017-18 re Cooperative Agreement Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team J.8. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y APPROPRIATE$24,010 from the CONSENT Department of Homeland Security to the FY 2020-21 Fire Department Operating Budget re purchase of a tracking system and personal protective equipment J.9. Ordinance to APPROPRIATE$1.8- ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Million from Fund Balance and CONSENT AUTHORIZE a$1.1-Million Grant to the Virginia Beach Community Development Corporation(VBCDC)and PROVIDE$700,000 to the Virginia Beach Development Authority(VBDA) and REQUEST the City Auditor to include annual audits of the VBCDC in the audit schedule for three(3)fiscal years J.10. Ordinances to APPROPRIATE in ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Coronavirus Relief Funds to the FY CONSENT 2020-21 Schools Operating Budget: a. $11,677,033 re eligible expenses such as supplemental staffing costs,personal protective equipment,cleaning supplies,and technology to support distance learning b $1,634,662 re consistent with the intent of the Elementary and Secondary School Emergency Relief Fund and Governor's Emergency Education Relief Fund J.11. Ordinance to TRANSFER$246,158 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y within the FY 2020-21 Fire Department CONSENT Operating Budget from the 2017 FEMA Cooperative Agreement Grant re purchase equipment for the Virginia Task Force 2 Team CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/10/2020 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS O T THEEE S S E O O E T I R Y S S ER NDN K. APPOINTMENTS RESCHEDULED 10-0 BY C ONS ENS US 2040 VISION TO ACTION COMMUNITY COALITION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION COMMUNITY ORGANIZATION Appointed: 10-0 Y Y Y YYY Y Y A Y Y GRANT(COG)REVIEW AND Robert G.Hotheimer ALLOCATION COMMITTTEE -Representing the Public Library Board 3 Year Tenn 11/10/2020-10/31/202 3 GREEN RIBBON COMMITTEE Reappointed: 10-0 Y Y Y Y Y Y Y Y A Y Y William Almond Jason Barney Robert Bourdon Karen Forget 1 Year Term 11/10/2020-10/31/2021 MILITARY ECONOMIC Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y DEVELOPMENT ADVISORY Lauren V.Heckehnan COMMITTEE Unexpired Term thru 2/28/2023 OLD BEACH DESIGN REVIEW Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y COMMITTEE Patty F.Jarm— Representing the Old Beach District Resident 11/10/2020-No Term IIM/N ADJOURNMENT 7:08 p.m. OPEN DIALOGUE 7 SPEAKERS 7:29 p.m. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS B E R DATE: 11/17/2020 PAGE: 1 A L H W W B U E J R T I 0 BCDN OMO 0 L W O O C Y L NOUWS 0 T AGENDA THE E E S S E O O E ITEM# SUBJECT MOTION VOTE T I R Y S S E R N D N CITY COUNCIL/SCHOOL BOARD VIRTUAL JOINT SESSION Greg Grootendorst, A. FIVE YEAR FINANCIAL FORECAST Chief Economist— Hampton Roads Planning District Commission(HRPDC) Kevin Chatellier, Director—Budget and Management Services Farrell Hanzaker,CFO —Virginia Beach City Public Schools 11. CITY MANAGER'S BRIEFINGS A. MOBILE PORTAL Chris Golding, Application Development Team Lead—Information Technology B. SALE OF EXCESS PROPERTY AT Elizabeth Chupik, NORTHWEST CORNER OF Associate City KEMPSVILLE AND PRINCESS ANNE Attorney ROADS 111/IV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V SESSION E. MAYOR'S PRESENTATIONS I. PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Chief Emeritus Lee Lockamy— Nansemond Indian Nation 2. RESOLUTION IN RECOGNITION Former Police Chief lames A.Cervera F. BID OPENING NON-EXCLUSIVE FRANCHISE USE— 1 BID RECEIVED Telecommunication Services G. PUBLIC HEARINGS I. LEASE OF CITY PROPERTY 1 SPEAKER Five(5)parking spaces located on the uppermost parking deck of the 31st Street Parking Garage to T-Mobile Northeast,LLC 2. LEASE OF CITY PROPERTY 1 SPEAKER 420 square feet of the right-of-way located near the intersection of Atlantic and Pacific Avenues at the entrance of Oceanfront Marriott Hotel,to Oceanfront Investments, LLC re free-standing monument sign 3. NON-EXCLUSIVE FRANCHISE USE— 1 SPEAKER Telecommunication Services SimIS Holdings,LLC 1.1. Ordinance to AUTHORIZE the City ADOPTED,BY 10-1 Y Y Y YYN Y Y Y Y Y Manager to EXECUTE a Lease for up to CONSENT five(5)years with T-Mobile Northeast,LLC for five(5)parking spaces at the 31"Street Parking Garage re installing and CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS B E R DATE: 11/17/2020 PAGE: 2 A L H W W B U E J R T I 0 B CDNOMO 0 L W 0 O C Y L NO U W S 0 T AGENDA T HEE E S S E O O E ITEM# SUBJECT MOTION VOTE T I R Y S S ERNDN maintaining antennas and radio equipment I.2. Ordinance to AUTHORIZE the City ADOPTED,BY 8-3 NY Y N Y NY Y Y Y Y Manager to EXECUTE a Use Agreement CONSENT for up to five(5)years with Chick's Marina Properties,L.L.C.(a/k/a Chick's Oyster Bar) for the Non-Exclusive Use of 24 parking spaces located at the Lynnhaven Municipal Marina(13 spaces between 4 a.m.-4 p.m. &24 spaces between 4 p.m.-4 a.m.) 1.3. Ordinance to AMEND Section 7 of ADOPTED,BY 10-1 Y Y Y YYN Y Y Y Y Y Appendix J,Agricultural Reserve Program CONSENT re eligibility criteria(Requested by Councilmember Henley)Deferred from November 10,2020 1.4. Ordinance to AMEND City Code Section ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 21-230 re inclusion of Kings Grant Road CONSENT in the Traffic Calming Program 1.5. Resolution to ADOPT the City's 2021 ADOPTED,BY 11-0 Y Y Y Y Y Y* Y Y Y Y Y Legislative Agenda CONSENT *Council Member Moss abstained on item#14 regarding the Dome Site Development I.6. Resolution to SUPPORT the 2021 ADOPTED,BY 11-0 Y Y Y Y Y Y* Y Y Y Y Y Legislative Agenda adopted by the CONSENT Hampton Roads Planning District Commission(HRPDC)and REQUEST our General Assembly delegation support these measures *Council Member Moss abstained on the item regarding Offshore Wind 1.7. Resolution to DECLARE November 15- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y December 15,2020 as Buy Local Month CONSENT (Requested by Council Member Wooten) 1.8. Resolution to REQUEST the creation of a ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y single mobile portal for City services and CONSENT information(Requested by Council Member Rouse) I.9. Ordinance to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE an Amendment to CONSENT the Franchise Agreement for Valet Parking at Town Center re reduce operations to one (1)valet stand on Commerce Street and reduce annual fee to$12,500 1.10. Ordinance to APPROPRIATE$36,303,277 ADOPTED 11-0 Y* Y Y Y Y Y Y Y Y Y Y from the FY2019-20 School Reversion Funds to the Virginia Beach Public Schools FY2020-21 Operating Budget and Capital Improvement Program *Council Member Abbott abstained on items l.a., and 1.a.i. I.11. Ordinances to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. 8301,109 from Virginia Department of Housing and Community Development to FY2020-21 Housing and Neighborhood Preservation Operating Budget re emergency housing programs CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS B E R DATE: 11/17/2020 PAGE: 3 A L H W W B U E J R T I 0 B C DNOMO 0 L W 0 O C Y L NOUWS 0 T AGENDA T HEE E S S E O O E ITEM# SUBJECT MOTION VOTE T I R Y S S ERNDN b. $15,500 from Homeland Security to FY2020-21 Emergency Management Operating Budget re support for Virginia Beach Community Emergency Response Team(VBCERT)Program c. $125,500 from Homeland Security to FY2020-21 Fire Department Operating Budget re purchase materials and equipment for the Technical Rescue, Swiftwater Rescue,and Hazmat Programs 1.12. Ordinances to TRANSFER: ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. $990,576 within the FY2020-21 Capital Improvement Program Budget,and ACCEPT and APPROPRIATE$187,000 from Virginia Aquarium Foundation to CIP #100435"Virginia Aquarium Marine Animal Care Center"re construction completion and relocation to the new Animal Care Center b. $141,850 in Federal revenue from CIP #100424"Traffic Safety Improvements III" to CIP#100481"West Great Neck Road Sidewalk"and CIP#100212 "Independence Boulevard/Baxter Road Sidewalk" J.1. THOMAS A.BROWN for a Variance to APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Section 4.4(b)of the Subdivision CONDITIONED,BY Regulations re minimum lot area at CONSENT Shell Road between 1412 Duck Run Court and 5145 Shell Road DISTRICT 4 —BAYSIDE J.2. DONALD H.& DIANE F. HORSLEY APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Variance to Section 4.4(b) of the CONDITIONED,BY Subdivision Regulations re minimum 150- CONSENT foot lot width and 120-foot street line frontage requirements at 3340 Ives Road DISTRICT 7—PRINCESS ANNE J.3. RUTH B. WILSON for a Variance to APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Section 4.4(b) of the Subdivision CONDITIONED,BY Regulations re minimum upland acreage CONSENT requirement for lot area at 865 & 877 Sandbridge Road DISTRICT 7 — PRINCESS ANNE J.4. HAL J.&DEBORAH WOOLARD for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Street Closure re 15-foot-wide platted, CONDITIONED,BY unnamed,and unimproved alley,totaling CONSENT 375 square feet adjacent to 833 South Atlantic Avenue DISTRICT 6—BEACH J.5. JON S.&DEANA M.HESS for a Street APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Closure re 15-foot-wide platted,unnamed, CONDITIONED,BY and unimproved alley,totaling 375 square CONSENT feet adjacent to 837 South Atlantic Avenue DISTRICT 6—BEACH • CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS B E R DATE:11/17/2020 PAGE: 4 A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T AGENDA THEEES S E O O E ITEM# SUBJECT MOTION VOTE T I R Y S S ERNDN J.6. LATIFAH PRIVOTT/ ANTHONY APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y PRI V OTT for a Conditional Use Permit re CONDITIONED,BY family day-care home at 4494 CONSENT Cherrywood Lane DISTRICT 1 — CENTERVILLE J.7. VALVOLINE INSTANT OIL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHANGE/JOHN&RITA NINOS for a CONDITIONED,BY Conditional Use Permit re automobile CONSENT service station at 5101 Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE J.8. MCNEEL PROPERTIES/ DARE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSOCIATES for a Conditional Use CONDITIONED,BY Permit re automobile repair garage at CONSENT 4901 Cleveland Street DISTRICT 4 — BAYSIDE J.9. ARROWFIT HUMAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y PERFORMANCE,LLC/ISIS& CONDITIONED,BY ROBERT ARROWSMITH for a CONSENT Conditional Use Permit re home occupation at 1209 Funnel!Street DISTRICT 4—BAYSIDE J.10. DALE WOODEN fora Conditional Use APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re home occupation at 6336 CONDITIONED,BY Blackwater Road DISTRICT 7 — CONSENT PRINCESS ANNE J.11. LOUIS PERRIN for a Conditional Use APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re residential kennel at 2121 CONDITIONED,BY Munden Point Road DISTRICT 7 — CONSENT PRINCESS ANNE J.12. GG PROPERTY MANAGEMENT, DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/REDELL LANE for a Conditional Use Permit re short term rental at 713 Northgate Court DISTRICT 3 — ROSE HALL J.13. SHELLY ARNOLDI for a Conditional DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Permit re short term rental at 3921 Whooping Crane Circle DISTRICT 4 — BAYSIDE J.14. VALERIE TAYLOR for a Conditional DENIED 9-1 A Y Y Y Y Y Y Y Y Y N Use Permit re short term rental at 3644 Britt Terrace DISTRICT 5 — T LYNNHAVEN J.15. SHELLEY GAIL DAGENHART for a APPROVED/ 8-3 Y Y YNNN Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 2113 Atlantic Avenue Unit 2B CONSENT DISTRICT 6—BEACH J.16. ANDREW KUTSCH GREGORY for a APPROVED/ 7-4 Y N YNNN Y Y Y Y Y Conditional Use Permit re short term CONDITIONED rental at 514 Pinewood Drive DISTRICT 6 —BEACH J.17. SEAN REILLY for a Conditional Use DENIED 10-0 Y Y Y Y Y Y Y Y A Y Y Permit re short term rental at 604 23''/2 Street DISTRICT 6—BEACH L CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS B E R DATE: 11/17/2020 PAGE: 5 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 AGENDA T HEE E S S E O O E ITEM# SUBJECT MOTION VOTE T I R Y S S ERNDN J.18. RED LION PROPERTIES,LLC for a APPROVED/ 9-1 Y Y YNYY Y Y A Y Y Conditional Use Permit re short term CONDITIONED rental at 1009 Barclay Square DISTRICT 6—BEACH J.19. JUSTYCE SWANGO/JASON&INDIA APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y SWANGO JOINT REVOCABLE CONDITIONED,BY LIVING TRUST for a Conditional Use CONSENT Permit re short term rental at 811 Delaware Avenue DISTRICT 6—BEACH J.20. LAWRENCE&SUZANNE OLESZKO APPROVED/ 9-2 Y Y Y NYN Y Y Y Y Y for a Conditional Use Permit re short term CONDITIONED,BY rental at 4005 Atlantic Avenue,Unit 117 CONSENT DISTRICT 6—BEACH K. APPOINTMENTS RESCHEDULED 10-0 BYC ON S ENS US 2040 VISION TO ACTION COMMUNITY COALITION CHESAPEAKE PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION UM/N ADJOURNMENT 9:16 P.M.