The URL can be used to link to this page

01-05-2021 SPECIAL FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 1N� MAYOR ROBERT M. "BOBBY"DYER,At large t -- .,C VICE MAYOR JAMES L.WOOD,Lynnhaven-District 5 644p JESSICA P.ABBOT!:Kempsville-District 2 } ` 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 t BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 o ��•"' JOHN D.MOSS,At Large AARONR.ROUSE,At Large GUY K.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARKD.STILES SPECIAL MEETING PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS BY ELECTRONIC COMMUNICATION MEANS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES January 5,2021 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ELECTRONIC ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. LYNNHAVEN MALL INCIDENT UPDATE Chief Paul Neudigate—Police B. COVID-19 MASS VACCINATIONS Kim Tempesco, Senior Emergency Planner—Office of Emergency Management Chief Edward Brazle—Emergency Medical Services (EMS) C. PENDING PLANNING ITEMS Carolyn Smith,Planning Administrator—Planning and Community Development Kevin Kemp,Zoning Administrator—Planning and Community Development III. CITY COUNCIL DISCUSSION IV. CITY COUNCIL LIAISON REPORTS V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW 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. ELECTION OF THE VICE MAYOR F. VICE MAYOR and CITY COUNCIL COMMENTS G. MINUTES 1. INFORMAL and FORMAL SESSIONS December 8, 2020 H. MAYOR'S PRESENTATION 1. EAST COAST SURFING CHAMPIONSHIP (ECSC) George Alcaraz, General Manager Tony Pellino, Chairman I. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS PROPERTY 212 Fair Lady Road and vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to ADD a Legislative Request to the 2021 Legislative Agenda re establish the Virginia Beach Tourism Authority 2. Resolution to NOMINATE Andrew G. Baan, Thomas Leahy, and Mark Johnson to the Governor as candidates for the position of Virginia Beach local representative to the Southeastern Public Service Authority (SPSA) 3. Ordinance to DONATE reclaimed oyster shells to Lynnhaven River NOW re Mary Lou Gayle Memorial Oyster Reef in the Eastern Branch of the Lynnhaven River 4. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement to contribute $500,000 to the Department of the Army re Lynnhaven Inlet maintenance dredging 5. Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of residual rights for areas located in and near Croatan Beach including Sandy Beach; Streets, Lanes, Roads, Avenues, and Alleys; and the Eastern Portion of Lake Wesley, from Bank of America,N.A., Trustee under the Will of Amelia G. McLean, deceased August 25, 1989 Family Trust 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as Lake Joyce located at the rear of 4404 Powells Point Road re install and maintain riprap 7. Ordinance to APPROPRIATE $335,730 from Fund Balance of the General Fund for amounts reserved for Pandemic Relief and AUTHORIZE a Grant to Virginia Aquarium& Marine Science Center Foundation re food and beverage equipment,and payroll support during the Pandemic 8. Ordinance to ACCEPT and APPROPRIATE $18,790 from Federal Emergency Management Agency(FEMA)to FY2020-21 Fire Department Operating Budget re reimbursement of costs related to deployment of Virginia Task Force 2 Urban Search and Rescue Team for Tropical Cyclone Delta L. PLANNING 1. E & R, INC./ CHESAPEAKE BEACH COMMONS, LLC for a Change in Nonconformity re demolish existing structure and build new outdoor dining structure within same footprint at 4600 Lookout Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. ATHERTON CONSTRUCTION & DEVELOPMENT, INC./ OPEN DOOR CHAPEL, INC. for a Modification of Conditions re religious use at 3177 Virginia Beach Boulevard DISTRICT 6—BEACH(Approved January 16, 1978) RECOMMENDATION: APPROVAL 3. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ WILDWOOD PARK, LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional A-24 Apartment District at 925 South Military Highway re 220-unit multi-family residential community DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. SCARLET DAWN WINDLEY/ JENNIFER WILLIAMS & BRANDON BULLOCK for a Conditional Use Permit re home-based wildlife rehabilitation facility at 4933 Gulfstream Circle DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. SHAWNDA M. BENTLEY/ENOCH & SHAWNDA M. BENTLEY for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1204 Orkney Drive DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ################################### 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( vbgov.com or call 385-4303. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e94bad61 a222d42bc8d463 f5da0 13f3b4 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 January 5, 2021. City of �Tirginia Bach o t 4p 6 ..OF OU MA��pt1l' ��►Vvr V lip .com ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23458.9000 (757)385-4581 FAX(757)385-5699 December 30, 2020 BDYERUDVBGOV.COM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of the 2020 Acts of Assembly as amended, and by the authority vested in me as Mayor of the City of Virginia Beach,I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL Tuesday,January 5,2021 3:00 P.M. This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio conference. The purpose of this SPECIAL MEETING is to allow the City Council to hold a regularly scheduled meeting regarding the items listed in the published Agenda. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vb2ov.webex.com/vbgov/ons tage/z.php?M TID=e94bad6 1 a222d42bc8d463f5da013f3b4 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 January 5, 2021. The City Council meeting will be streamed live on www.vbeov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV Sincerely, ��JKcJ Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ELECTRONIC ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. LYNNHAVEN MALL INCIDENT UPDATE Chief Paul Neudigate—Police B. COVID-19 MASS VACCINATIONS Kim Tempesco, Senior Emergency Planner—Office of Emergency Management Chief Edward Brazle—Emergency Medical Services (EMS) C. PENDING PLANNING ITEMS Carolyn Smith, Planning Administrator—Planning and Community Development Kevin Kemp, Zoning Administrator—Planning and Community Development III. CITY COUNCIL DISCUSSION IV. CITY COUNCIL LIAISON REPORTS V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW 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. ELECTION OF THE VICE MAYOR F. VICE MAYOR and CITY COUNCIL COMMENTS G. MINUTES 1. INFORMAL and FORMAL SESSIONS December 8, 2020 H. MAYOR'S PRESENTATION 1. EAST COAST SURFING CHAMPIONSHIP (ECSC) George Alcaraz, General Manager Tony Pellino, Chairman 4 �0 0 t o a s= r o Fr °p BUR N �� V`/Roos Vrottantattoit `Whereas: The 'Virginia Beach Jaycees,first formed in 1948, provides development opportunities that empower young people to create positive change in their community,and has a long history in the establishment of several.community projects;and Whereas: One such project, the'East Coast Surfing Championship('ECSC), created in 1963, invites surfers from the entire'East Coast to compete for the title of"The Champion of the Atlantic Coast";and Whereas: 'The'Virginia Beach Jaycees have continued to provide the'LCSC for nearly six decades on the shores of'Virginia Beach;and Whereat. The 'ECSC sustained hurricanes, tornadoes, earthquakes and global economic downturns to become known as the longest running surf contest in the nation and second longest running in the wor14 and Whereas: The 'ECSC has become an internationally recognized event with up to 23 countries being represented by the professional riders and has awarded close to 1 million dollars in prizes to contestants since 2009;and Whereas: On'ECSC's 50" Anniversary in August of 2012, they hosted close to 200 thousand guests and participants during their 7-day event;and 'Whereas: The 2018'ECSC event generated$25.8 million of economic activity, according to the Virginia 'Beach's 2019 resort event analysis,the most among festivals and marathons;and Whereas: The growth of the'East Coast Surfing Championship created the needfor more robust operational support and"Resort Management LCC" was contracted to take the lead helping to ecpand ECSC's marketing platform and gain national partners such as the event's'Title Sponsor,Coastal Edge,in support of this popular event;and 'Whereas: Interest to volunteer for the'ECSC also grew.',attracting diverse and talented young professionals to support the event. The'Virginia Beach Jaycees selected one such volunteer, 'Tony Peaano, to chair the 2020 event and lead their vast group of volunteers into'ECSC's 58's consecutive year, where they wouldface their biggest obstacle yet:a global-pandemic;and I Whereas: George Afcaraz and Tony Perlino worked tirelessly to adapt their planning to adhere to the Governor's'Fxecutive Orders. Creating a comprehensive plan that included downsizing the event, incorporating major safety measures, minimizing spectators,and opting to "live stream"the sib day event to 230 thousand viewers worldwide, the'ECSC 2020 event was able to move forward safely;and Whereas: (Because of their dedication and ingenuity, the Coastal'Edge'Last Coast Surfing Championship has now garnered the honor of being the longest running surf event in the world Wow Therefore,I Robert M.Dyer,Mayor of the City of l'irginia Beach,'Virginia,do hereby proclaim: ,January 5, 2021 East Coast Sung Championship Day In'Virginia(Beach,andI call on ad citizens join me in congratulating the staff,volunteers and participants of the ECSC in attaining this honor despite the challenges of a global-pandemic. In Witness'Gereof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, 'Virginia,to 6e affixed this'Fih day of January,Two Thousand Twenty-One. Robert M. "Bo y"Dyer Mayor I. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS PROPERTY 212 Fair Lady Road and vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road re'aviclii,, e 2) ,r s •- ; e if PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY In accordance with Virginia Code§2.2-3708.2,Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020,and Chapter 1289 of the 2020 Acts of Assembly as amended, a Virtual Public Hearing of the Virginia Beach City Council will be held on the disposition and sale of property located at 212 Fair Lady Road(GPIN: 1497-93-5053)and vacant lot at the intersection of Fair Lady Road,Elon Drive and London Bridge Road(GPIN: 1497-92-4465)on Tuesday,January 5,2021 at 6:00 p.m. This public hearing will be held by electronic communication means.The purpose of this hearing will be to obtain public input to determine whether this property should be declared"excess of the City's needs" and authorized for sale to Performance Collision Centers,L.L.C. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303;Hearing Impaired,call 1- 800-828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Economic Development 4525 Main Street,Suite 700,Virginia Beach,VA,or by calling Economic Development at(757)385-6448. 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 pttns✓/vbgov webexcom/vbgov/onstag•Ig oho 7MTID=e94bac61a222d42hr$d463t8da019fl, 124 2. Register with the City Cleric's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m.on January 5,2021. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-DECEMBER 27,2020 ( ' , CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance declaring the property located at 212 Fair Lady Road (GPIN 1497- 93-5053) and the vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road (GPIN 1497-92-4465) to be in excess of the City's needs and authorizing the City Manager to sell same to Performance Collision Centers, L.L.C. PUBLIC HEARING DATE: JANUARY 5, 2021 MEETING DATE: JANUARY 19, 2021 ■ Background: The City owns the 2.759+1- acre parcel of land located at 212 Fair Lady Road (GPIN 1497-93-5053) and the 10,369+/- sq. ft. lot at the intersection of Fair Lady Road, Elon Drive, and London Bridge Road (GPIN 1497-92-4465). The larger parcel is an assemblage of parcels acquired by 1) voluntary sale for the Oceana and Interfacility Traffic Area Conformity and Acquisition Program (the "BRAC Program) in 2007-2008 and 2) by a mixture of condemnation and voluntary acquisition for the London Bridge Road Project (the "Road Project") between 1995 and 2001. The smaller parcel is a residual lot acquired in 2001 by condemnation as part of the Road Project. Collectively, the two parcels are referenced herein as the "Property." The Property is situated in Accident Potential Zone 1 ("APZ-1") and the highest noise zone. As part of the City's AICUZ restrictions, the Property is restricted to compatible uses. In 2008, the City adopted the APZ-1 Master Plan to guide the disposition of acquired properties and development in the Accident Potential Zones. The APZ-1 Master Plan identifies the Property as "Transitional," which are areas that are intended to convert to compatible commercial uses utilizing specific design criteria. The City has received an unsolicited proposal from Performance Collision Centers, L.L.C. (the "Purchaser") to acquire the Property to construct an automotive repair garage, which is a compatible use in APZ-1 (the "Proposed Development"). The City and the Purchaser have negotiated the terms of a sale of the Property for the Proposed Development, which are being presented for Council's approval. The larger of the two parcels was appraised in 2015 and valued at $195,000/acre, or $535,000. The Purchaser has offered $855,000 for the Property. The Oceana Land Use Conformity Committee (OLUCC) reviewed the elements of the Proposed Development and recommended the sale. The Purchaser has contemporaneously submitted an application for a conditional rezoning and a conditional use permit, which were heard by the Planning Commission December 9, 2020 and will come before Council on January 19, 2021. ■ Considerations: The APZ-1/CZ Master Plan designates the Property as non- residential and appropriate for compatible uses under the AICUZ guidelines. The Proposed Development is compatible with the City Zoning Ordinance. The agreement of sale and the rezoning proffers will include specific design criteria. Since a portion of the Property was acquired by condemnation, an affirmative vote of three-fourths of the members of City Council is required to authorize the sale. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. • Recommendations: Approval. ■ Revenue restriction: The Purchaser proposes to pay $855,000 for the Property. The City funded 59.43% of the acquisition of the Property through the BRAC Program in partnership with the Commonwealth of Virginia. Thus, proceeds from the sale of the Property in the amount of $508,126.50 (59.43% of the total) shall be received and fifty percent (50%) of this amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. The remaining 40.57% of the Property was acquired for the Road Project. Pursuant to the guidelines established by the Virginia Department of Transportation, the remaining sales proceeds must be appropriated to a transportation project. The remaining funds in the amount of $346,873.50 will be deposited in the Traffic Safety Improvements IV Project (Project#100423). • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Economic Development City Manager: efro 1 AN ORDINANCE DECLARING THE PROPERTY LOCATED 2 AT 212 FAIR LADY ROAD (GPIN 1497-93-5053) AND THE 3 VACANT LOT AT THE INTERSECTION OF FAIR LADY 4 ROAD, ELON DRIVE AND LONDON BRIDGE ROAD (GPIN 5 1497-92-4465) TO BE IN EXCESS OF THE CITY'S NEEDS 6 AND AUTHORIZING THE CITY MANAGER TO SELL SAME 7 TO PERFORMANCE COLLISION CENTERS, L.L.C. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of 1) a 2.759+/- 10 acre parcel of land at 212 Fair Lady Road and 2) a 10,369+/- square foot vacant lot at the 11 intersection of Fair Lady Road, Elon Drive, and London Bridge Road, as more particularly 12 described on Exhibit A, attached hereto and made a part hereof (collectively, the 13 "Property"); 14 15 WHEREAS, the City acquired certain portions of the Property as part of the City's 16 APZ-1 Acquisition Plan, and certain portions are residual from the London Bridge Road 17 Project; 18 19 WHEREAS the City instituted zoning changes on December 20, 2005, 20 designating certain uses as incompatible in Accident Potential Zone-1 ("APZ-1"), a region 21 surrounding Naval Air Station Oceana ("N.A.S. Oceana"); 22 23 WHEREAS, the zoning changes shall be referenced as the APZ-1 Ordinance 24 (the "Ordinance"); 25 26 WHEREAS, the City adopted the APZ-1 Master Plan on April 1, 2008, to guide 27 the disposition of acquired properties and other development in APZ-1; 28 29 WHEREAS, pursuant to an unsolicited bid, Performance Collision Centers, L.L.C. 30 (the "Purchaser') seeks to acquire the Property from the City for $855,000 and utilize the 31 Property for an automotive repair garage (the "Proposed Development"), which is 32 consistent with the APZ-1 Ordinance and the APZ-1 Master Plan; 33 34 WHEREAS, the Purchaser contemporaneously applied for a Conditional Change 35 of Zoning and a Conditional Use Permit for the Proposed Development; 36 37 WHEREAS, the Oceana Land Use Conformity Committee reviewed the 38 Proposed Development and recommended selling the Property to the Purchaser for the 39 Proposed Development; 40 41 WHEREAS, pursuant to the grant agreement with the Commonwealth of Virginia, 42 the City will refund one-half of the proceeds attributable to the portion of the Property that 43 was acquired under the APZ-1 Acquisition Plan; and 44 45 WHEREAS, the City Council is of the opinion that the Property is in excess of the 46 needs of the City of Virginia Beach. 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 1. That the Property is hereby declared to be in excess of the needs of the 51 City of Virginia Beach and that the City Manager is hereby authorized to execute any 52 documents necessary to convey the Property to Performance Collision Centers L.L.C., 53 in substantial conformity with the Summary of Terms attached hereto as Exhibit B and 54 made a part hereof, and such other terms, conditions or modifications as may be 55 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 56 57 2. That 59.43% of the total revenue from the sale of the Property in the 58 amount of $508,126.50 shall be received and fifty percent (50%) of this amount will be 59 deposited for appropriation in future Capital Improvement Program capital budgets in 60 Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent 61 (50%) will be deposited for future payment by the City Manager to refund the 62 Commonwealth's portion in accordance with the grant agreement. 63 64 3. That the remaining proceeds from this transaction in the amount of 65 $346,873.50 shall be appropriated to Traffic Safety Improvements IV Project (Project 66 #100423). 67 68 This Ordinance shall be effective from the date of its adoption. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 71 of , 2021. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA14875 PREPARED: 12/18/20 R-1 \\vbgov.comldfs 1\applications\citylaw\cycom32\wpdocs1d030\p034\00685159.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Economic Development udg t anagement Services APPROVED AS TO LEGAL SUFFICIENCY City y Atto ne U Y EXHIBIT A (Legal Description) Parcel One (GPIN: 1497-93-5053) ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "GPIN 1497-93-5053 PARCEL C 120,180 SQUARE FEET OR 2.759 ACRES" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated October 27, 2009, prepared by Land Mark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. RESERVING TO THE CITY the 20' Virginia Power Easement (DB 4325 PG 628) as shown on the aforesaid plat. RESERVING TO THE CITY the 1' No-Ingress/Egress Easement established on the aforesaid plat. RESERVING TO THE CITY a 20' public drainage easement centered over a 12" drainage pipe running from the eastern right-of-way line of Fair Lady Road to the western right-of- way line of London Bridge Road, which said pipe is approximately 353' south of southern right-of-way line of Potters Road and more particularly described; Beginning from a VDOT monument as shown on said referenced plat at the northwestern intersection of London Bridge Road and Potters Road and having a coordinate value of N 3,473,252.03, E 12,199,706.35, said point being the point of beginning; thence from said VDOT monument running along the northwestern right-of-way line of said London Bridge Road S 15°16'23 W, a distance of 198.74' to a concreted iron pin; thence S 14°08'03" W, a distance of 130.25' to a concreted iron pin; thence S 14°19'54" W, an approximate distance of 24.00' to the centerline of said 12" drainage pipe along London Bridge Road; From point of beginning along the southern right-of-way line of Potters Road N 31°19'58" W, a distance of 55.23' to a VDOT monument; thence N 77°56'23" W, a distance of 190.50' to a VDOT monument; thence S 52°47'24" W, a distance of 37.89' to a VDOT monument; thence S 02°42'09" W, an approximate distance of 374' to the centerline of a 12" drainage pipe along Fair Lady Road. RESERVING TO 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 same property conveyed to the City of Virginia Beach by deed from Loye Spencer and Kenneth A. Spencer, Co-Trustees of the Mertice Stern Trust dated May 22, 2007 and Mertice M. Stern dated March 13, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080326000339530. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from RPA London Bridge/Potters Road, LLC dated October 17, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071024001441640. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Tommy L. McMillian and Marie A. McMillan dated December 19, 1995 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3570, at page 871 . IT BEING a portion of the same property conveyed to the City of Virginia Beach from London Bridge Mobile Homes by Certificate dated November 27, 2001 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4575, at page 673, an Order granting indefeasible title to the City of Virginia Beach was recorded as Instrument Number 20020610022133460. Parcel Two (GPIN: 1497-92-4465) ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "GPIN 1497-92-4465 PARCEL D 10,369 SQUARE FEET OR 0.238 ACRES" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated October 27, 2009, prepared by LandMark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. RESERVING TO THE CITY the 1' No-Ingress/Egress Easement established on the aforesaid plat. RESERVING TO THE CITY a 20' public drainage easement centered over a 15" drainage pipe crossing the southwest corner of Parcel D from the eastern right-of-way line of Fair Lady Road to the northern right-of-way line of Elon Drive and more particularly described; Beginning at concreted iron pin at the northeast intersection of Fair Lady Drive and Terrell Avenue as shown on said referenced plat, said point being the point of beginning; thence from said concreted iron pin running along the eastern right-of-way line of Fair Lady Road S 03°11'30" W, a distance of approximately 159.00' to the centerline of said 15" drainage pipe; thence from said centerline of 15" drainage pipe S 03°11'30" W, a distance of 23.37' to a VDOT monument; thence from said VDOT monument running along the southern right- of-way line of Elon Drive S 61°17'08" E, a distance of 5.66' to a concreted iron pin; thence N 82°37'15" E, a distance of approximately 12' to the centerline of said 15" drainage pipe along Elon Drive. RESERVING TO 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 same property conveyed to the Grantor by Certificate dated December 26, 2000 from Bertha Lee Bartel, recorded in the aforesaid Clerk's Office in Deed Book 4348, at page 1 , and by Order Vesting Title and Disbursing Funds dated May 7, 2007, and recorded as Instrument Number 20070508000629320. EXHIBIT B SUMMARY OF TERMS SALE OF 2.997±-ACRES LOCATED AT 212 FAIR LADY ROAD AND VICINITY SELLER: City of Virginia Beach PURCHASER: Performance Collision Centers, L.L.C. PROPERTY: 212 Fair Lady Road (GPIN: 1497-93-5053)and vacant lot at the intersection of Elon Drive, London Bridge Road, and Fair Lady Road (GPIN: 1497-92-4465), as more particularly described on the attached Exhibit A to the Ordinance. SALE PRICE: $855,000 INTENDED USE: An automotive repair garage CONDITIONS OF SALE • The Property shall be sold subject to a Deed Restriction that prohibits dwelling units on the Property, in perpetuity. • The Purchaser shall apply for and be granted by City Council a Conditional Change of Zoning from R-5D Residential District and A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit to operate an automotive repair garage as a condition of closing. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to settlement. • The City retains a right to repurchase the property, less the deposit, if Purchaser does not construct within 24 months of settlement and a right of first refusal of the Property prior to any sale within the same period. • The Purchaser will conform to restrictive covenants, proffers, and/or design criteria regarding use, construction, materials, signage, parking, and landscaping. • The Purchaser shall be solely responsible for installation of road and infrastructure improvements to include curb and gutter, sidewalks, stormwater, or any other constructions costs, including permitting and engineering. • Approval of this sale shall be revoked if closing has not occurred on or before January 31, 2022, unless extended by City Council prior to such date. W a liwm Q �ls 4 ■ Z . e o 10 >_ H g. N23 es, Ce II 1111111 a �ppA GAEW , a O M Ln c cn Qao o � 1111111111 Z W M N11111 al ...mimosa M 4111 MI NC lZ7_•10 r a O. ••� illIllrll1 Ov a aoO. Wwi XU aW 111111101 . g N d . U Q N 61 ooNo7 o W a > U ~ i< Q -1J �`- W a2j AC1V 1 2:1Ibd CC i W E— I 00 • Iti iii III IR • 1 III m U i III W c c N r^ 'a O v/ C N 03 W nO V O 'Qn r 7 � N d % * ' Wei 04 lig L _ co rs 0- m 4.>:` d d a Q ONIQNV1 dOGI218 °' ° ° ° © 0-N N .n d r Lu 4iiiddiliO4 *g Q..N vl n in a; t Z U co Cl) in 't G>> H N c i 0. M w M N V� � m • DON BRIDGE RD ' C Q c Z W z1Q SdN1d ONIH dSIHM C ,-13 Cr ,- 0 ia:lk � a I 1 1 I L H Fj) 9 0 13 IYNNHAVEN P 2 V. I a x E 0 4+ci) - N 4 q °G 1-- o W L'- 73 • all Z p. o IIIII 0. 0- in ri9 LL GATEWGG�AVE coo Cr) in • ZZ � p o _, ar .. ti , a , Z o . Hp � Q � N U � Z ;;......),...... o �'.. pod-Jvao a. LU O U U a in- �. a t e -. Wai • f' wiz C11�e Np ..fil ...au �` _ ii <i` mkabl IIVd NNTr —"14 r slam ....... i . .. . , _ . . . . i F----, ; , _ \ . gm '0 o ' N .� 1 1 O . t u m r 2 i N d im , _ yra Al_ . , Q Da 111. IIIPOPPP. d �, f, „. ... lo JNIdN`d1 3JaI 9 C ° ° Z G C.NN in _ a2 ci).y N 0 -r N) y o R c • c� co d - Z �j m * o et ai F- N • M C) 0 ••• U of ti d O Q w ti rn C U a .. �o S3NId ONI2I dSIHM a)C 1 r, .13 .„. , , I I J „,.., N/B APPLICANT'S NAME Performance Collision Centers, L.L.C. 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 i by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes • Exception for (EDIP) _ y Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance _ I Appropriateness — Street Closure (Historic Review Board) franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement 1 Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two i2i v:erk' prior to any • Page 1 of 7 PI, Commission and City Council meeting that oertams to the 40p1tication(s). .- APPLICANT NOTIFIED OF NEARING DATE: o NO CHANGES AS OF . DATE' ❑ REVISIONS SUBMITTED DATE: NAT3 Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ki, Check here if the APPUCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Performance Collision Centers If an LLC, list all member's names: Michael D. Sifen, President; Barry A. Sifen, Vice President/CFO If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different front Applicant Fl 4 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Ci_ of Virginia Beach If an LLC, list the member's names: Page 2 of 7 NAB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 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 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 V/3 Virginia Beci APPLICANT'S NAME Performance Collision Centers, L.L.C. 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 I.Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _ _ (EDIP) _i Board of Zoning Encroachment Request i Rezoning Ap peals —_ i Certificate of Floodplain Variance Appropriateness — . Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance , Board Conditional Use Permit License Agreement Wetlands Board 1 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated tyro il,meek. prior to any Page 1 of 7 Pia ,Commission and City Council meeting,that pertains to they,lication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE' REVISIONS SUBMITTED DATE: V rginia Beach. El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Performance Collision Centers If an LLC, list all member's names: Michael D. Sifen, President; Barry A. Sifen, Vice President/CFO If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. r 4 Check here if the PROPERT OWNER 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Cif of Virginia Beach M� 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) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Progeny. 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 w\B APPLICANT Virginia Beach YES NO SERVICE J [ PROVIDER ':doal sheets a I ❑ " Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Finley Design Architecture+Interiors Land Planner Frankenfield Design&Development,LLC (Barry Frankenfield) ❑ Contract Purchaser(if other than k.. the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed (� purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors Michael D.Stfen,Inc. Z ❑ Engineers/Surveyors/Agents Site Improvement Associates,Inc.(Claude Lym) 1 Financing (include current UnknownsT.B.D. ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services R.Edward Bourdon,Jr.,Esq. Real Estate Brokers / ❑ 4 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 DOes an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 .1\B rilpTtl`ia Beath 'CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate. 11 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 'meeting, or meeting of any public body or committee in connection with this Application. Perfor ian Cdliscn •er .L.C. Michael D.Siren, President �73 icy; ..1, APPIf.AN7"5 SIGMA+ i.E PRINT NAME DATE Page 5 of 7 eiNA3 OWNER Virginia Beach,.. YES NO SERVICE I PROVIDER pie addtdensi sheets if I Beds* ❑ ! Accounting and/or preparer of your tax return ❑ " Architect/Landscape Architect/ Land Planner Contract Purchaser (if other than❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s) and purchaser's service providers) ❑ ® Construction Contractors Engineers/Surveyors/Agents — Financing (include current ❑ v mortgage holders and lenders �. selected or being considered to j provide financing for acquisition or construction of the property) i Legal Services Real Estate Brokers / ❑ ` Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ r an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Vagina Beach e CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.. City of Virgin /, _. 20ii'►� Id• 0. `c 1�tM$ ..�r. r6/r,r,lay PROPERTY OWNER'S SIGNATURE PRINT NAMEE Page 7 of 7 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to ADD a Legislative Request to the 2021 Legislative Agenda re establish the Virginia Beach Tourism Authority 2. Resolution to NOMINATE Andrew G. Baan, Thomas Leahy, and Mark Johnson to the Governor as candidates for the position of Virginia Beach local representative to the Southeastern Public Service Authority (SPSA) 3. Ordinance to DONATE reclaimed oyster shells to Lynnhaven River NOW re Mary Lou Gayle Memorial Oyster Reef in the Eastern Branch of the Lynnhaven River 4. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement to contribute $500,000 to the Department of the Army re Lynnhaven Inlet maintenance dredging 5. Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of residual rights for areas located in and near Croatan Beach including Sandy Beach; Streets, Lanes, Roads, Avenues, and Alleys; and the Eastern Portion of Lake Wesley, from Bank of America,N.A., Trustee under the Will of Amelia G. McLean, deceased August 25, 1989 Family Trust 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as Lake Joyce located at the rear of 4404 Powells Point Road re install and maintain riprap 7. Ordinance to APPROPRIATE $335,730 from Fund Balance of the General Fund for amounts reserved for Pandemic Relief and AUTHORIZE a Grant to Virginia Aquarium & Marine Science Center Foundation re food and beverage equipment, and payroll support during the Pandemic 8. Ordinance to ACCEPT and APPROPRIATE $18,790 from Federal Emergency Management Agency (FEMA)to FY2020-21 Fire Department Operating Budget re reimbursement of costs related to deployment of Virginia Task Force 2 Urban Search and Rescue Team for Tropical Cyclone Delta F c „cc..4.. ,.. �s� f ram.;; .‘: ,:.:,:.::..,., CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Add a Legislative Request to the 2021 Legislative Agenda Seeking to Establish the Virginia Beach Tourism Authority MEETING DATE: January, 5, 2021 • Background: The City Council established the Convention and Visitors Bureau (CVB) Task Force to evaluate options for the structure of the City's destination marketing activities. A destination marketing organization or DMO is generally structured one of three ways. One structure is to have the DMO work within a local government structure, and this is current structure of the CVB. A second option is commonly referred to as a hybrid structure, and this approach establishes a separate political subdivision or authority that operates independently from a local government structure. In Virginia, there are a few examples of tourism authorities, and the most prominent example is the Virginia Tourism Authority. The third option is to establish a 501(c)(6) entity, which is a separate corporate entity that works on behalf of the business interests of its members. The 501(c)(6) structure is common for a chamber of commerce. As the CVB Task Force evaluated the three options, the initial decision was to move away from a structure within local government option. The CVB Task Force prioritized the ability to hire an executive outside of the human resources constraints of the City, being nimble in the face of changing market conditions, and increased opportunities for participation in the management of the entity from the hospitality industry. The CVB Task Force seriously considered the hybrid and 501(c)(6) models. In the end, the CVB Task Force believed the increased oversight and transparency offered by an independent authority is the preferred approach. With direction from the CVB Task Force, this legislative request seeks to utilize the legislation that established the Virginia Tourism Authority as a model for a Virginia Beach Tourism Authority. The requested Virginia Beach Tourism Authority would have oversight by a board that is appointed by the City Council. The board would be empowered to hire an executive, and the board will be empowered to hold the executive accountable for delivering marketing results for the authority and the City. After establishing the Virginia Beach Tourism Authority, the City Council would need to determine a funding model for the Authority, which may include the Tourism Advertising Program and General Fund support. • Considerations: The attached resolution seeks to add an item to the 2021 Legislative Agenda. This legislative request is the result of a robust public discussion with stakeholders through the Task Force. Additionally, the City Council conducted a public input hearing at its December 8, 2020, Formal Meeting. If approved by the General Assembly, the City would begin a transition process to move the destination marketing activities of the CVB to the newly established authority. That discussion would include future actions by the City Council to appointm the Board of the newly created authority and to determine that appropriate level of public funding for the authority. ■ Public Information: Normal Council agenda process. The City Council received public input on this proposed legislative request at its December 8, 2020, Formal Meeting. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution; Legislative Request; Draft Legislation REQUESTED BY COUNCILMEMBERS TOWER AND WILSON REQUESTED BY COUNCILMEMBERS TOWER AND WILSON 1 A RESOLUTION TO ADD A LEGISLATIVE 2 REQUEST TO THE 2021 LEGISLATIVE AGENDA 3 SEEKING TO ESTABLISH THE VIRGINIA BEACH 4 TOURISM AUTHORITY 5 6 WHEREAS, the City of Virginia Beach has a world class resort that brings tourists 7 and visitors from within and without the United States: 8 9 WHEREAS, the City Council established the CVB Task Force to review the City's 10 destination marketing operations and, if appropriate, to suggest a change in the 11 governance structure of the CVB; 12 13 WHEREAS. the CVB Task Force recommended the City pursue an authority 14 structure that utilizes many of the features of the Virginia Tourism Authority; and 15 16 WHEREAS, a legislative request has been crafted to establish a Virginia Beach 17 Tourism Authority and to set forth the various features of such Authority; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The attached legislative request, entitled Virginia Beach Tourism Authority and the 23 accompanying draft legislation, is hereby added to the Virginia Beach 2021 Legislative 24 Agenda. Adopted by the City Council of the City of Virginia Beach, Virginia. on this day of . 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15285 R-1 December 21, 2020 Virginia Beach Tourism Authority Requested by Councilmembers Tower and Wilson Background: The City Council established the Convention and Visitors Bureau (CVB) Task Force to evaluate options for the structure of the City's destination marketing activities. A destination marketing organization or DMO is generally structured one of three ways. One structure is to have the DMO work within a local government structure, and this is current structure of the CVB. A second option is commonly referred to as a hybrid structure, and this approach establishes a separate political subdivision or authority that operates independently from a local government structure. In Virginia, there are a few examples of tourism authorities, and the most prominent example is the Virginia Tourism Authority. The third option is to establish a 501(c)(6) entity, which is a separate corporate entity that works on behalf of the business interests of its members. The 501(c)(6) structure is common for a chamber of commerce. As the CVB Task Force evaluated the three options, the initial decision was to move away from a structure within local government option. The CVB Task Force prioritized the ability to hire an executive outside of the human resources constraints of the City, being nimble in the face of changing market conditions, and increased opportunities for participation in the management of the entity from the hospitality industry. The CVB Task Force seriously considered the hybrid and 501(c)(6)models. In the end, the CVB Task Force believed the increased oversight and transparency offered by an independent authority is the preferred approach. With direction from the CVB Task Force, this legislative request seeks to utilize the legislation that established the Virginia Tourism Authority as a model for a Virginia Beach Tourism Authority. The requested Virginia Beach Tourism Authority would have oversight by a board that is appointed by the City Council. The board would be empowered to hire an executive, and the board will be empowered to hold the executive accountable for delivering marketing results for the authority and the City. After establishing the Virginia Beach Tourism Authority, the City Council would need to determine a funding model for the Authority, which may include the Tourism Advertising Program and General Fund support. Request: The City Council requests the General Assembly enact legislation to create the Virginia Beach Tourism Authority consistent with the attached draft legislation. City of Virginia Beach Tourism Authority. § 1. Short title; declaration of public purpose; Authority created. A. This article shall be known and may be cited as the City of Virginia Beach Tourism Authority Act. B. The General Assembly finds and declares that: 1. The City of Virginia Beach has tourist attractions that are of potential interest to millions of people who reside both in and outside the Commonwealth; 2. Promotion of tourism in the City of Virginia Beach is necessary to increase the prosperity of the people of the City and the Commonwealth; and 3. A tourism authority is therefore necessary to stimulate the tourism segment of the economy by promoting, advertising, and marketing the City's many tourist attractions and by coordinating other private and public efforts to do the same. The General Assembly determines that the creation of an authority for this purpose is in the public interest, serves a public purpose and will promote the health, safety, welfare, convenience or prosperity of the people of the Commonwealth. C. The City of Virginia Beach Tourism Authority,hereinafter"the Authority"is created,with the duties and powers set forth in this article, as a public body corporate and as a political subdivision of the Commonwealth.The Authority is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the Authority of the duties and powers conferred by this article shall be deemed and held to be the performance of an essential governmental function of the Commonwealth. The exercise of the powers granted by this article shall be in all respects for the benefit of the inhabitants of the Commonwealth and the increase of their commerce and prosperity. § 2.Board of Directors; members and officers. A. All powers, rights, and duties conferred by this Act, or other provisions of law, upon the Authority shall be exercised by the Board of the City of Virginia Beach Tourism Authority, hereinafter referred to as "the Board." Initial appointments to the Board shall begin July 1, 2021. The Board shall consist of 13 members appointed by the governing body of the City of Virginia Beach. Notwithstanding § 15.2-1535, the governing body of the City of Virginia Beach may appoint no more than two of its members to the board. The initial terms of members shall be four years for seven members and six years for six members. Thereafter, the terms shall be four years. The governing body of the City of Virginia Beach may make interim appointments to fill a vacancy on the Board. B. The Board shall elect from its membership a chairman, a vice-chairman, and from its membership or not, as they desire, a secretary and a treasurer, or a secretary-treasurer, who shall continue to hold such office until their respective successors are elected.The members of the Board shall receive no salary,unless specifically authorized by the governing body of the City of Virginia Beach. 1 C. The Board shall keep detailed minutes of its proceedings, which shall be open to public inspection at all times. It shall keep suitable records of its financial transactions,and it shall arrange to have the records audited annually and provided to the Auditor of Public Accounts. The books and records of the Authority shall be available for audit by the City. Copies of each such audit shall be furnished to the governing body of the City of Virginia Beach and shall be open to public inspection. §3. Executive director; staff. A. The Board shall appoint an executive director, hereinafter "the Executive Director," who shall be authorized to employ such staff as necessary to enable the Authority to perform its duties as set forth in this chapter. The Executive Director is authorized to determine the duties of such staff and to fix salaries and compensation from such funds as may be received or appropriated. B. The Executive Director shall serve as the ex officio secretary of the Board and shall administer,manage and direct the affairs and activities of the Authority. He shall attend meetings of the Board, shall keep a record of the proceedings of the Board and shall maintain and be custodian of all books, documents and papers of the Authority, the minute book of the Authority and its official seal. He may cause copies to be made of all minutes and other records and documents of the Authority and may give certificates under seal of the Authority to the effect that the copies are true copies,and all persons dealing with the Authority may rely upon the certificates. He shall also perform other duties as is necessary to carry out the purposes of this article. C. Employees of the Authority, including the Executive Director, shall be eligible for membership in the Virginia Retirement System with such costs for VRS participation borne by the Authority and participation in all of the health and related insurance and other benefits, including premium conversion and flexible benefits, available to employees of the City of Virginia Beach. § 4. Powers of Authority. The Authority, acting through the Board, shall be granted all powers necessary or appropriate to carry out and to effectuate its purposes, including the following to: 1. Have perpetual succession as a public body corporate and as a political subdivision of the Commonwealth; 2. Adopt, amend and repeal bylaws,rules and regulations,not inconsistent with this article for the administration and regulation of its affairs, to carry into effect the powers and purposes of the Authority and the conduct of its business; 3. Sue and be sued in its own name; 4. Have an official seal and alter it at will although the failure to affix this seal shall not affect the validity of any instrument executed on behalf of the Authority; 5. Maintain an office at any place within or without the City that it designates; 6. Make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; 2 7. Acquire real or personal property, or any interest therein, by purchase, exchange, gift, assignment, transfer, foreclosure, lease or otherwise, including rights or easements, and hold, manage, operate or improve such property; 8. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its properties and assets; 9. Employ officers, employees, agents, advisers and consultants, including without limitation, financial advisers and other technical advisers and public accountants and, the provisions of any other law to the contrary notwithstanding, to determine their duties and compensation without the approval of any other agency or instrumentality; 10. Procure insurance, in amounts and from insurers of its choice, or provide self-insurance, against any loss, cost, or expense in connection with its property, assets or activities, including insurance or self-insurance against liability for its acts or the acts of its directors, employees or agents and for the indemnification of the members of its Board and its employees and agents; 11. Receive and accept from any source aid, grants and contributions of money,property, labor or other things of value to be held, used and applied to carry out the purposes of this article subject to the conditions upon which the aid, grants or contributions are made; 12. Enter into agreements with any department,agency or instrumentality of the United States,the Commonwealth, the District of Columbia or any state for purposes consistent with its mission; 13. Establish and revise, amend and repeal, and charge and collect, fees and charges in connection with any activities or services of the Authority; 14 15. Issue periodicals and carry and charge for advertising therein; 16. Raise money in the corporate, nonprofit, and nonstate communities to finance the Authority's activities; 17.Encourage,stimulate,and support tourism in the City by promoting,marketing,and advertising the City's many tourist attractions and locations; 18. Develop a comprehensive plan to promote the City; and 19.Do any act necessary or convenient to the exercise of the powers granted or reasonably implied by this article and not otherwise inconsistent with state law. § 5. Deposit of money; expenditures; security for deposits. All money of the Authority,except as otherwise authorized by law or this article,shall be deposited in accounts in banks or trust companies organized under the laws of the Commonwealth or in national banking associations located in Virginia or in savings institutions located in Virginia organized under the laws of the Commonwealth or the United States.The money in these accounts shall be paid by check signed by the Executive Director or any other officer or employee designated by the Board. All deposits of money shall, if required by the Board, be secured in a manner determined by the Authority to be prudent, and all banks, trust companies and savings institutions are authorized to give security for the deposits. § 6. Exemption from taxation. As set forth in subsection C of§ 1, the Authority shall be performing an essential governmental function in the exercise of the powers conferred upon it by this article.Accordingly,the Authority shall not be required to pay any taxes or assessments upon any project or any property or upon any 3 operations of the Authority or the income therefrom. Agents, lessees, sublessees, or users of tangible personal property owned by or leased to the Authority also shall not be required to pay any sales or use tax upon such property or the revenue derived therefrom. § 7. Exemptions from procurement procedures and data collection. The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority. The Authority may employ competitive purchasing practices where practicable. The Authority shall be treated in the same manner as the Virginia Tourism Authority for purposes of Government Data Collection and Dissemination Act, such partial exemption is set forth in § 2.2-3802(1). § 8. Sovereign immunity. No provisions of this article nor act of the Authority, including the procurement of insurance or self-insurance, shall be deemed a waiver of any sovereign immunity to which the Authority or its directors, officers, employees, or agents are otherwise entitled. § 9.Liberal construction of article. The provisions of this article shall be liberally construed to the end that its beneficial purposes may be effectuated. 4 r ter `0�� isl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Make Nominations to the Governor for the SPSA Board MEETING DATE: January 5, 2021 • Background: In 2009, the General Assembly added § 15.2-5102.1 to the Virginia Water and Waste Authorities Act to provide for additional governmental oversight of the Southeastern Public Service Authority (SPSA). One of the changes brought about by the 2009 legislation is the appointment of the members of the SPSA Board by the Governor. The statute provides a process whereby a participating locality nominates three persons with general business knowledge for consideration by the Governor. The nominees cannot be elected officials. For the last six years, Bill Sorrentino has served as the City's local representative of the Board. Mr. Sorrentino has provided his notice of resignation, effective January 1, 2021. • Considerations: The City Staff recommends the following three persons be nominated: Andrew G. Baan; Thomas Leahy; and Mark Johnson. Each possess the requisite knowledge to be an asset to the City and SPSA. Because this nomination is to fill the seat vacated by Mr. Sorrentino, the term of office will end on December 31 , 2021. Any person appointed by the Governor would be eligible for re-appointment to fill the term commencing on January 1, 2022. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:re 1 A RESOLUTION TO MAKE NOMINATIONS TO 2 THE GOVERNOR FOR THE SPSA BOARD 3 4 WHEREAS, Bill Sorrentino has served as the City's local representative on Board 5 of the Southeastern Public Service Authority (SPSA) for the last six years; 6 7 WHEREAS, Mr. Sorrentino has provided his notice of resignation, effective 8 January 1, 2021; 9 10 WHEREAS, § 15.2-5102.1 of the Code of Virginia requires the City Council to 11 nominate three persons with general business knowledge to be appointed by the 12 Governor to fill the vacancy on the SPSA Board; 13 14 WHEREAS, the City Staff has reviewed and recommends the three names 15 appearing below for nomination to the Governor. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The following three nominees are to be presented to the Governor for appointment 21 as the Virginia Beach local representative on the Board of SPSA for the unexpired term 22 of office formerly held by Bill Sorrentino: 23 24 1. Andrew G. Baan 25 2. Thomas Leahy 26 3. Mark Johnson 27 28 BE IT FURTHER RESOLVED, THAT 29 30 The City Manager is hereby directed to transmit a certified copy of this resolution 31 to the Governor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of_ , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works Ci t ney's Office CA15293 R-1 December 21. 2020 �'554 ror L4' • '� Y1�1i �� L C i l t„:s.`i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Reclaimed Oyster Shell to Lynnhaven River NOW for the Purpose of Creating a Memorial Sanctuary Reef in the Eastern Branch of the Lynnhaven River MEETING DATE: January 5, 2021 • Background: Lynnhaven River NOW (LRN) is a local non-profit corporation dedicated to restoring and protecting Virginia Beach waterways. LRN is planning to construct the Mary Lou Gayle Memorial Oyster Reef in the Eastern Branch of the Lynnhaven River. This proposed 1 .0-acre sanctuary reef will support a healthy coastal ecosystem and be dedicated to the memory of Mary Lou Gayle, who worked tirelessly on oyster lease matters to advance Lynnhaven River ecosystem restoration efforts on behalf of the City. LRN has requested a donation from the City of oyster shell in an amount not to exceed 10,000 bushels. • Considerations: The City has approximately 13,500 bushels of reclaimed oyster shell stored at the City landfill on Jake Sears Road. The reclaimed oyster shell will be provided in its current condition. LRN will be fully responsible for loading and transporting the material. LRN will be responsible for obtaining permits and compliance with other applicable regulatory requirements necessary to construct the proposed sanctuary reef project. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:[r '`` 1 AN ORDINANCE TO DONATE RECLAIMED OYSTER 2 SHELLS TO LYNNHAVEN RIVER NOW FOR THE 3 PURPOSE OF CREATING A MEMORIAL 4 SANCTUARY REEF IN THE EASTERN BRANCH OF 5 THE LYNNHAVEN RIVER 6 7 WHEREAS, Lynnhaven River NOW is a local non-profit corporation dedicated to 8 restoring and protecting Virginia Beach waterways; 9 10 WHEREAS, Lynnhaven River NOW is planning to construct the Mary Lou Gayle 11 Memorial Oyster Reef in the in the Eastern Branch of the Lynnhaven River; and 12 13 WHEREAS, the City has sufficient bushels of reclaimed oyster shell located at the 14 City landfill on Jake Sears Road to support the proposed reef project. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 The City Council hereby authorizes a donation of up to 10,000 bushels of 20 reclaimed oyster shell to Lynnhaven River NOW. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4,5'1 1. 0 Department of Public Works City Atto y's Office CA15291 R-1 December 21, 2020 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: Ly"ii c `t. /t t tr.i 1\1c (L SECTION L. 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: YE NO SERVICE PROVIDER (use additional sheets if S I needed) i— f1 Accounting and/or preparer of your $r'Cui 1.ei1 AdCvcu1.t LI1 u tax. return Financial Services (include lending/banking institutions and l'40)7L' current mortgage holders as applicable) ❑ ❑ Legal Services { ►3cu� iitlivanvr�eizt�J Broker/Contractor/Engineer/Other . )L Z4 t. ,S z.ajxdi_ Li carts n Service Providers Sect Q-ux.,e fZu1.2-C.nA ext itIce),14t)1LC tL• 1•1 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. Q)titt - Z Ia:-0n i/U �v��c�f 11-Z I-Z02v APPLIC NTS SIGNATURE g PRINT NAME DATE r4.� "°etc'yes fg a il vis li`� s• CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Authorizing the Execution of a Memorandum of Agreement for the Contribution of Funds to the Department of the Army for Lynnhaven Inlet Maintenance Dredging MEETING DATE: January 5, 2021 • Background: The City and the United States Army Corps of Engineers (USAGE) collaborate on various projects including the maintenance of the Lynnhaven Inlet. Recent surveys of the inlet indicate several areas of shoaling and concrete debris are present, and such areas require maintenance dredging and removal of debris. Federal funding is not available to perform this work, which is estimated to cost $500,000. The City has requested the USACE accept contributed local funds to perform this work. As with other projects, the USACE requires the City to enter into a Memorandum of Agreement (the "MOA"), which provides that the City will contribute a specified amount of funds for the project. The MOA requires the City hold the USACE harmless from all damages arising out of the project except for damages that are the fault of the USACE or the USACE's contractors. • Considerations: Funds are available for this effort in the adopted Capital Improvement Program. • Public Information: This item will be advertised as part of the normal Council agenda process. is Recommendations: Approval of the attached ordinance. • Attachments: Resolution, Summary of Material Terms Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: fig2 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR LYNNHAVEN INLET 5 MAINTENANCE DREDGING 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute all of the funds to the Department of the Army for a 9 project such as the dredging of the Lynnhaven Inlet (the "Project"); 10 11 WHEREAS, the current estimated City contribution for the Project is$500,000; and 12 13 WHEREAS, the dredging and maintenance of the Lynnhaven Inlet serves many 14 public interests including the protection of property, the enhancement of the City's natural 15 resources, and the encouragement of commerce and tourism. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Manager is hereby authorized and directed to execute a Memorandum of 21 Agreement for the Contribution of Funds in the amount of$500,000 with the Department 22 of the Army for Lynnhaven Inlet Maintenance Dredging, and a copy of the material terms 23 of this agreement is attached hereto and incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: epartmen f Public Works L- c A • P y's Office CA15290 R-1 December 21, 2020 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Parties: Department of the Army (USACE) City of Virginia Beach(CITY) Purpose: Contribution of funds for the maintenance dredging of the Lynnhaven Inlet (the "Project") City's Obligation: Pay an amount not to exceed$500,000 for the costs of dredging by the Army Corps of Engineers including surveys, administration, and inspections. Army's Obligation: To provide leadership, obtain permitting, and procure contractors for the Project. Project Coordination: Representatives of the Department of the Army and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Federal Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Federal Government or its contractors. r r� Iy. CITY OF VIRGINIA BEACH �.. AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance of the Dedication of the Residual Rights in 1) the Sandy Beach; 2) the Streets, Lanes, Roads, Avenues, and Alleys; and 3) the Eastern Portion of Lake Wesley, Located In and Near Croatan Beach, from Bank of America, N.A., Trustee Under the Will of Amelia G. McLean, Deceased August 25, 1989 Family Trust MEETING DATE: January 5, 2021 Background: Croatan Beach Corporation ("CBC") was the developer of the subdivision now known as Croatan Beach. The Croatan Beach subdivision plats designated the strip of land lying between the eastern boundary of the platted lots and the Atlantic Ocean as "Ocean Boulevard" (the "Sandy Beach") and designated certain areas as streets, lanes, roads, avenues, and alleys (the "Rights-of-Way"). CBC also owned the submerged lands of Lake Wesley, located in Croatan Beach. CBC previously conveyed the submerged lands of the western portion of Lake Wesley to the Virginia Beach Erosion Commission ("VBEC"), and conveyed easements over the submerged lands of the eastern portion of Lake Wesley to VBEC. The City of Virginia Beach (the "City") is the successor in interest to VBEC. Bank of America, N.A., Trustee under the Will of Amelia G. McLean, Deceased August 25, 1989 Family Trust ("BOA") is the successor in interest to the residual rights of CBC. Considerations: BOA wishes to close the trust and to do so, BOA offered to dedicate the residual interests it has as Trustee in the Sandy Beach, the Rights-of-Way and the submerged lands of the eastern portion of Lake Wesley (collectively, the "Property") to the City. The City's acceptance of the dedication of the Property will promote the City's goals of maintaining and replenishing its beaches, facilitating public and private dredging of the waterways, and continuing to utilize the rights-of-way for public passage and for drainage and utility infrastructure. The City's acceptance of the dedication will also clarify the City's ownership interest in the Property. Public Information: Public notice via the normal City Council agenda process. Recommendations: Accept the dedication of the Property. Attachments: Ordinance, Exhibit, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works )t 'i City Manager i AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF THE 3 RESIDUAL RIGHTS IN 1) THE SANDY BEACH; 2) 4 THE STREETS, LANES, ROADS, AVENUES, AND s ALLEYS; AND 3) THE EASTERN PORTION OF 6 LAKE WESLEY, LOCATED IN AND NEAR 7 CROATAN BEACH, FROM BANK OF AMERICA 8 N.A., TRUSTEE UNDER THE WILL OF AMELIA G. 9 MCLEAN, DECEASED AUGUST 25, 1989 FAMILY io TRUST 11 12 WHEREAS, Croatan Beach Corporation ("CBC") was the developer of the 13 Croatan Beach subdivision; 14 15 WHEREAS, Bank of America, N.A., Trustee under the Will of Amelia G. McLean, 16 Deceased August 25, 1989 Family Trust ("BOA") is the successor in interest to CBC of 17 the residual rights in the sandy beach; the streets, lanes, roads, avenues, and alleys; is and the submerged lands of the eastern portion of Lake Wesley (collectively, the 19 "Property"), as described in the attached Exhibit A; 20 21 WHEREAS, BOA desires to dedicate all of its rights, title, and interest in the 22 Property to the City of Virginia Beach (the "City"); and 23 24 WHEREAS, the City's acceptance of the dedication of the Property will promote 25 the City's goals to maintain and replenish its beaches, to maintain and utilize the rights- 26 of-way for public passage and for drainage and utility infrastructure, to facilitate public 27 and private dredging of the waterways, and for other public purposes. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the City Council authorizes the City Manager or his designee to 33 accept the dedication of the residual rights in the Property as described in the attached 34 Exhibit A, owned by Bank of America, N.A., Trustee under the Will of Amelia G. 35 McLean, Deceased August 25, 1989 Family Trust. 36 37 2. That the City Manager, or his designee, is further authorized to execute 38 any and all documents that may be necessary and appropriate to accept the dedication 39 of the Property, including such terms, conditions and modifications as may be 40 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 42 of , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM LGGG. Gih2 ,,W.VIU City Attorney Public Works CA15202 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d017\p036\00688892.doc December 21, 2020 EXHIBIT A Sandy Beach (GPIN: 2427-30-8604) and Rights-of-Way (No GPIN Assigned) All that certain parcel of land lying and being in the City of Virginia Beach, Virginia and being described as that strip of land lying between the Atlantic Ocean and the eastern property lines of the platted lots and blocks between the northern end of the property of Chautauqua By The Sea, shown as a dashed line identified as "Boundary Line", and running southward to the south side of Lot 20, in Block 12, which strip of land includes the area identified as "Ocean Boulevard", all as shown on the plat entitled "Plan of Chautauqua By The Sea", recorded in Map Book 1, page lb, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"). Said parcel of land also being described as Ocean Boulevard lying eastward of the platted lots and blocks between the south side of the line entitled "Property Line as Defined on the Ground" and the south side of Lot 20, in Block 12, on the plat entitled "Plan of Chautauqua By the Sea", recorded in Map Book 8, page 24, in the Clerk's Office. Said parcel of land also being described as that strip of land lying between the Atlantic Ocean and the eastern property lines of the platted lots and blocks between the north side of Block 31 and the unnumbered lot south of Washington Avenue, as shown on the plat entitled "Croatan Beach", recorded in Map Book 24, page 37, in the Clerk's Office. Together with all right, title and interest, if any, in the streets, lanes, roads, avenues or alleys shown on all of the aforesaid plats, less and except any portion of the said streets, lanes, roads, avenues or alleys previously closed by the Princess Anne County Board of Supervisors or the City of Virginia Beach and/or previously conveyed by the Grantor, or the Grantor's predecessors in title. Eastern Portion of Lake Wesley (GPIN: 2427-20-6108) All that certain parcel of land, lying and being in the City of Virginia Beach, Virginia and being designated and described as the lands, waters, and bottomlands (subaqueous or submerged lands) of "Croatan Bay" and "Lake Wesley", lying channelward of the platted lots, including uplands and partially or totally submerged portions of Croatan Bay and Lake Wesley and any fingers, coves, or tributaries adjacent to platted lots, as shown on that plat entitled "REVISED DREDGING LIMITS IN LAKE WESLEY", dated November, 1977, and recorded in Map Book 126, page 53, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"). And also being the lands, waters, and bottomlands (subaqueous or submerged lands) of "Croatan Bay", lying channelward of platted lots, including uplands and partially or totally submerged portions of Croatan Bay and any fingers, coves, or tributaries adjacent to platted lots, as shown on that plat entitled "RESUBDIVISION OF PART OF CROATAN BEACH", dated June, 1954, and recorded in Map Book 37, page 11, in the Clerk's Office. And also being the lands, waters, and bottomlands (subaqueous or submerged lands) of "Lake Wesley", lying channelward of platted lots, including uplands and partially or totally submerged portions of Lake Wesley and any fingers, coves, or tributaries adjacent to platted lots, as shown on that plat entitled "RESUBDIVISION OF LOTS 2-14 RESUBDIVISION OF PART OF CROATAN BEACH (MB 37, P 11) SCHOONER QUAY AT CROATAN", dated December 11, 1981 and recorded in Map Book 160, page 18, in the Clerk's Office. TOGETHER WITH all right, title and interest in any unnumbered parcels of land, waters or bottomlands (subaqueous or submerged lands) shown on the aforesaid plats. LESS AND EXCEPT that portion of said lands described in that deed recorded in the aforesaid Clerk's Office as Instrument No. 200410280171749. LESS AND EXCEPT any portion of said lands previously conveyed by Grantor or Grantor's predecessors in title, but subject to rights of others to dredge said lands. SUBJECT TO the terms and conditions set forth in those agreements recorded in the Clerk's Office in Deed Book 350, page 199 and Deed Book 1777, page 603. The terms and conditions of said agreements shall remain in full force and effect to the extent the terms and conditions are applicable. SUBJECT TO those certain agreements regarding the construction of piers,floating docks, mooring buoys, mooring piles, boat lifts, gazebos, and other structures approved under the terms of the agreements, duly recorded in the Clerk's Office. Such agreements shall remain in full force and effect in accordance with their applicable terms and conditions, and nothing herein shall be deemed to extend or change the terms and conditions of such agreements. a Q 2 z 0 H Q V O 7 ;�. li n i ,,.., 2-Z 0:\YL. 01 t _------ Tiv.. V_vimC , — _------ ~ L --it'A,Ns- _ _ ___ -- Dc--\-r___o---- -----___, . ___r - _ -\-- , iss ____ -,..... ,>_ „ , . . . .......cr_v_„ . .______,... i ss, ______ ____....,..„ ____ \ _7 ---\-\- ___T-/-7-. _ , ____ _____,,,),„ , .. ______//, _____— _.____ _, _--1- _ _ -i_____„;„.its.,.., \\I ,..., ,,_ , \---- --7-.>" .''''-.;-7---7--../..1).-- — - ,_ _...„..., ....0/ \ t t/ ( ,,--I SI / - ---.. :t A w,tie'.›, , _ J., /, �` \ i \s c. 14 P -''* 4r.4 P#::,,4‘,,,' ',,"izj, '--... /.>'-'' .-:>,.,• 44 I'4 I!it ''• Ntlimill -,7 4.7, 410fr. \ ...9 / 7. ... _ _c.-- ----/-------. \ #4tW4 al ' \'''// Z. ..-') Oa .----- -4, ,..„ .. ... \. ., _ ii, st ' \ .. . \ . N.\ , .., ii , ItY*.°); \ lit ... // .\ 1.. ..'.....- „ m c, ... roEc@ Disclosure Statement City of ViTginio Beach Planning & Commun Development may.- 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 BANK OF AMERICA, N.A.,TRUSTEE of the AMELIA G MCLEAN FAMILY TRUST Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. BANK OF AMERICA,N.A.,TRUSTEE 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) BANK OF AMERICA,N.A.,TRUSTEE,by Pablo Magana,Vice President • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity2 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. 1IP5ke Disclosure Statement City of Virginia Bach 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 IN 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 ,NB City of Virginia Beach _ - - Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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 t" ' 12/02/2020 Print Name and Title BANK OF AMERICA, N.A.,TRUSTEE, by Pablo Magana,Vice President 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 No changes as of Date 1a a 1 a O Signature A Print Name 3 11 Disclosure Statement • City of Virginia Bexh Planning & Community Development Continue to Next Page for Owner Disclosure 4IPage Disclosure Statement Ni13 City of Virginia Bead? Planning & Community Development Owner Disclosure Owner Name AMELIA G MCLEAN FAMILY TRUST Applicant Name BANK OF AMERICA, N.A., TRUSTEE of the AMELIA G MCLEAN FAMILY TRUST 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) BANK OF AMERICA, N.A.,TRUSTEE, by Pablo Magana,Vice President • If yes, list the businesses 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 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? 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. Wag , Disclosure Statement ___ City of Vbyinia Beach 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? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes O No • If yes, identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN 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 I 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 • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes, identify the firm and individual providing the service. 6I Disclosure Statement V13 . City of Virginia Basch • Planning & Community « n �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 ® No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature �` /Pi�"`�-� 12/02/2020 Print Name and Title BANK OF AMERICA, N.A.,TRUSTEE,by Pablo Magana,Vice President Date 7IPage gyp(, ik,, iii.. MJJJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City- Owned Property Known as Lake Joyce Located at the Rear of 4404 Powells Point Road MEETING DATE: January 5, 2021 • Background: Dina Kincaid Crewe and Jeffrey T. Crewe (the "Applicants") have requested permission to install and maintain proposed riprap (the "Encroachment") adjacent to their property located at 4404 Powells Point Road. A previous encroachment for the removal of the existing timber piles and to construct and maintain an existing bulkhead and a new timber pier within a portion of City property known as Lake Joyce and into a 20' strip of City property around Lake Joyce was approved on August 6, 2019 as ORD-3597B. • Considerations: City Staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Lake Joyce, which is where the Applicants have requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure Statement Form Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate t`h"' City Manager: Of i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS LAKE JOYCE LOCATED AT THE 7 REAR OF 4404 POWELLS POINT ROAD 8 9 WHEREAS, Dina Kincaid Crewe and Jeffrey T. Crewe (the "Crewes") have 10 requested to install and maintain proposed riprap (the "Encroachment")within a portion of 11 the City's property known as Lake Joyce and into a 20' strip of City property around Lake 12 Joyce located at the rear of 4404 Powells Point Road; and 13 14 WHEREAS, a previous encroachment for the removal of the existing timber 15 piles and to construct and maintain an existing bulkhead and new timber pier within a 16 portion of City property known as Lake Joyce and into a 20' strip of City property around 17 Lake Joyce was approved on August 6, 2019 as ORD-3597B; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's right-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Crewes, their heirs, assigns 28 and successors in title, are authorized to construct and maintain the Encroachment for the 29 proposed riprap into a portion of the City's property known as Lake Joyce and into a 20' 30 strip of City property around Lake Joyce as shown on the map entitled: "EXHIBIT A 31 ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP FOR DINA KINCAID 32 CREWE &JEFFREY T. CREWE LOCATED ON LOT 17, POWELLS POINT M.B. 29 P. 36 33 CITY OF VIRGINIA BEACH, VA," revised and dated November25, 2020, having a Scale of 34 1" = 30', and prepared by Gallup Surveyors & Engineers, a copy of which is attached 35 hereto as Exhibit A, and on file in the Department of Public Works and to which reference is 36 made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 39 those terms, conditions and criteria contained in the Agreement between the City of Virginia 40 Beach and the Crewes (the "Agreement"), an unexecuted copy of which has been 41 presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Dina Kincaid Crewe and Jeffrey T. Crewe and the City Manager or his 48 authorized designee execute the Agreement. 49 50 Adopted by City Council of the City of Virginia Beach, Virginia, on the 51 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC WORKS, REAL ESTATE .6,.rDANAO. HAR EYER, SENIOR CITY ATTORNEY CA14880 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d019\p037\00683562.doc R-1 November 30, 2020 2 LAKE JOYCE CITY OF VIRGINIA BEACH —PROPOSED to D.B. 1018 P. 154 RIP RAP CP CV cv -:21 *PREVIOUSLY M.B. 29 P. 36 APPROVED GPIN: 1570-80-2438 EXISTING N ca LA WOOD PIER co o EDGE OF WATER / N N N 20' STRIP ___ PROPERTY OF FRAME CITY OF SHED VIRGINIA BEACH DINA KINCAID CREWE & JEFFREY T. CREWE STEPS I.N. 20200901000797700 LOT 17 WOOD DECK V M.B. 29 P. 36 rn to C3 GPIN: 1479-79-1977 • GENERATOR/ III NOW OR FORMERLY I-I JILL M. CARSON & -' ` . -- <v JUDY F. CARSON STORY o I.N. 20170728000634750 BRICK RESIDENCE 00 LOT 18 co U -- # 4404 ( v M.B. 29 P. 36 o �`\r GPIN: 1479-79-3914 U -1 N N co O O 2 l,, a a O EX. 10' PUBLIC m Q Q o r EASEMENT FOR o m G �P�� HIGHWAY PURPOSES 0 0 w '>w- COU . M.B. 29 P. 36 tea ¢ z � M00 o L=55.39' EXHIBIT A R=50.00' , PIPE (F) ENCROACHMENT r EXHIBIT SHOWING 1,240'± TO _ POWELLS POINT ROAD PROPOSED RIP RAP GREENWELL RD. U-45.48 M.B. 29 P. 36 FOR R;96.00 DINA KINCAID CREWE & NOTE: PIPE (F) ��ALTH p�, L JEFLOCATED ONFREY T. EWE 1. THIS PLAN WAS PERFORMED O LOT 17, POWELLS POINT WITHOUT THE BENEFIT OF A , M.B. 29 P. 36 TITLE REPORT. S D R5r1Y(k, TLER ' CITY OF VIRGINIA BEACH, VA *2. AN ENCROACHMENT �' . a No. SCALE: 1" = 30' DATE: MARCH 19, 2020 AGREEMENT RECORDED IN . ` 38395 REV. JULY 20, 2020 I.N. 20190820000699420 • 5�2�� REV. AUGUST 24, 2020 3 ANIS EXHIBIT IS ENCROACHMENT ENDED FOR ' O 9'2� ' SEPT. 25, 2020 NOV. 25, 2020 REQUEST ONLY. NAL REV. 0 30 60 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 milim 20-12 (757)428-8132 G:\20\20-12-Crewe,Jeffrey-4404 Powells Point Rd\20-12 encr plat 9-25-20.dwg,11/25/2020 2:02:59 PM • PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) y-t THIS AGREEMENT, made this \ day of W..R.. , 202C) , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DINA KINCAID CREWE and JEFFREY T. CREWE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee," even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "17," as shown on that certain plat entitled: "POWELLS POINT PROPERTY OF EVELYN POWELL SITUATE IN KEMPSVILLE DISTRICT PRINCESS ANNE COUNTY, VA.," dated December 27, 1951, having a Scale of 1" = 100', and prepared by P.F. Mueller CE 118, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 36, and being further designated, known, and described as 4404 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to install and maintain riprap (the "Temporary Encroachment",) in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City GPIN: 1570-80-2438 (Lake Joyce and 20' Strip of City Property) GPIN: 1479-79-1977 (4404 Powells Point Road) property known as Lake Joyce and the 20' strip of City property around Lake Joyce, (collectively, the "Encroachment Area"); and WHEREAS, a previous encroachment for the removal of the existing timber piles and to construct and maintain an existing bulkhead and new timber pier within a portion of City property known as Lake Joyce and into a 20' strip of City property around Lake Joyce was approved on August 6, 2019 as ORD-3597B, 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 of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "'EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP FOR DINA KINCAID CREWE & JEFFREY T. CREWE LOCATED ON LOT 17, POWELLS POINT M.B. 29 P. 36 CITY OF VIRGINIA BEACH, VA," revised and dated November 25, 2020, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 3 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit of 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 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DINA KINCAID CREWE and JEFFREY T. CREWE, the said Grantee, has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 z-1 4 arid C(.011--- I KINCAID CREWE, Owner 0--"e-•------- EY T. CREWE, Owner STATE OF Jx(z4t1- .- CITY/COUNTY OF\‘P_GvNV4 c lf- , to-wit: \st The foregoing instrument was acknowledged before me this x day of \efAukr,_,Q, , 2020 , by DINA KINCAID CREWE and JEFFREY T. CREWE. Vc>6.,14L__ EA L) otary Pit W,s. •0��E MCHq/F ;',,, �'/ NOTARY .F ._;' PUBLIC ?'cP NotaryRegistration Number: '-1`31rd\\� _ REG#7318115 •9 m MY COMMISSION; Z \rjl O Z •• 47R�S ; ` \ My Commission Expires: \�. �\ Do ;moo •.• ��4,; '''SEALTH�F APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,(" ." 7'- '- / \ -----' SIGNATURE ✓DANA R RM ER \J SENIOR Y A ORNEY A4///eCAft Es MIL:- DEPARTMENT 7 LAKE JOYCE CITY OF VIRGINIA BEACH —PROPOSED to Lo D.B. 1018 P. 154 RIP RAP 'PREVIOUSLY M.B. 29 P. 36 APPROVED GPIN: 1570-80-2438 EXISTING ,.,:% :v ,,.;•n.,�. s:,•;,4. WOOD PIER � ��1:L.� ..,.7..,SDI _`;•..'•.�.7 ;.,.._.16 �• - -p EDGE OF WATER yti;,'%'•'%tti't• o N �i�Z��r rt Y' N� �41�•�. N N Ud 1�`i' . . • .•yyer',wn• , . � f — N / I N 20' STRIP _ PROPERTY OF -- --J FRAME CITY OF SHED VIRGINIA BEACH DINA KINCAID CREWE & JEFFREY T. CREWE STEPS I.N. 20200901000797700 LOT 17 r- WOOD DECK M.B. 29 P. 36 rn GPIN: 1479-79-1977 M a. GENERATOR/ III' ' a ,� NOW OR FORMERLY Io / La - rn I JILL M. CARSON & o N -� <i JUDY F. CARSON 1 STORY o I.N.0o 20170728000634750 3 BRICK RESIDENCE Ocb LOT 18 # 4404 °`V ry M.B. 29 P. 36 o t., GPIN: 1479-79-3914 CC N N Lo o EX. 10' PUBLIC 6 Q a a >- • EASEMENT FOR o J oo - 3: ::::. �P� HIGHWAY PURPOSES } r° co' M.B. 29 P. 36 oE � L :: o . _ o = m m C) Z U p z _ /Fc L=55.39' EXHIBIT A R=50.00' JP PIPE (F) ENCROACHMENT - EXHIBIT SHOWING 1,240'f TO _ POWELLS POINT ROAD PROPOSED RIP RAP GREENWELL RD. 45.4- �= M.B. 29 P. 36 FOR R;96 00 DINA KINCAID CREWE & NOTE: PIPE (F) ��p►LTH op JEFFREYJEFLOCATED ON 1. THIS PLAN WAS PERFORMED 0 LOT 17, POWELLS POINT WITHOUT THE BENEFIT OF A ,* M.B. 29 P. 36 TITLE REPORT. C D R UTLER "' CITY OF VIRGINIA BEACH, VA *2. AN ENCROACHMENT : No. a SCALE: 1" = 30' DATE: MARCH 19, 2020 AGREEMENT RECORDED IN . ` 38395 o REV. JULY 20, 2020 I.N. 20190820000699420 252 �� REV. AUGUST 24, 2020 3 ANIS EXHIBIT IS ENCROACHMENT ENDED FOR F' ' O AL �� REV.G�� SEPT. 25, 2020 NOV. 25, 2020 REQUEST ONLY. GALLUP SURVEYORS & ENGINEERS 0 30 60 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 20-12 mom (757)428-8132 G:\20\20-12-Crewe,Jeffrey-4404 Powells Point Rd\20-12 encr plat 9-25-20 dwg,11/25/2020 2:02 59 PM It -- ..,i* :fit 7#' i •..rw.. }' ip n • ..' ' 4, a v T e@# K ENCROACHMENT LOCATION PICTURES: 4404 PWOELLS POINT ROAD w I E a, " a (q IL O w 0 ti d' a ti QLLI wC' °' Tr c1 w Cr) ZZ vc o Ihi . Um ti o Q = Y w r 0 / OQ ZZup 5 -IQ Ct C.) U Z °' w O O Q U_ X dial I I / , ------, i 1 \ \,,, I. V L\ fl t 1 0 \ '10\ 6 N I0 o ..1") 7 Q W U 0 1, a) 0 ocn o ,J a w r ill . .' "' O = . U a d a\CI- rs) 0 -. 1 °' J m n P. a_ 3 x a - n .� r CO LU �Vr QPH W ! 0 6 1611, ' '' ,- - *A,. l ss . . , , _ . AM • N w R,: Q a i ir. . 4 Ak- __ f Ct 0 i + : U U Z CC ./ U a 0 X 4 -et: A te, Vi l.'s • Y tiL { } V.; R i . k j3 3 C. � I _l�- _.- •1 - �' . { • .ter•V 7 ci . S.' m • 0 O M © m a> . cc + ? Y 111 0 n ....1,}1,361,i''-' o a. o- . a w s I w Disclosure Statement NA3 City of Bind, 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 Dina Kincaid Crewe and Jeffrey T Crewe Does the applicant have a representative? I Yes El No • If yes,list the name of the representative. Gallup Surveyors and Engineers 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) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 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. 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. 1i Disclosure Statement City of Virginia Bath 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 in No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2I Disclosure Statement City of Virginia Bata2. Planning &Community : Development - F 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes,identify the company and individual providing the service. Colin Marine Construction 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. Gallup Surveyors and Engineers 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 firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the 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. Appl ant Signature ' Dina Kincaid Crewe Jeffrey T Crewe Print Name and Title 19 Nov 2020 19 Nov 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 be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications EMINo changes as of Date Q Signature Print Name 31 jvik CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $335,730 from the Fund Balance of the General Fund and to Authorize a Grant to the Virginia Aquarium & Marine Science Center Foundation MEETING DATE: January 5, 2021 • Background: The Virginia Aquarium & Marine Science Center is a public- private partnership between the City of Virginia Beach and the Virginia Aquarium & Marine Science Center Foundation, Inc., a 501(c)(3) organization. The City owns and maintains the Aquarium's buildings and provides administrative support, while the Foundation procures and maintains the collection of animals and exhibits. The Foundation is also responsible for fundraising efforts and various scientific research, education, and conservation programs. The various activities of the City and the Foundation and split of revenues are outlined in an agreement (the "Agreement") between the Foundation and the City. The City Council most recently approved the amended and restated Agreement in 2019. This request for financial support has two parts. The first is food and beverage equipment. The second is payroll support of City positions funded by the Foundation pursuant to the Agreement. When the Virginia Aquarium's Phase II expansion was completed in 1996, it included the addition of a café area. Funding for food service equipment in the café was originally provided in a capital improvement project funded by the City. When the original food service equipment reached the end of its useful life and local funding was unavailable, the Foundation replaced the restaurant equipment. The Foundation receives the revenue from food and beverage sales at the Aquarium, and the Agreement makes the Foundation responsible for food and beverage services. In 2017, the café's food service vendor, Sodexo, assumed the responsibility for the restaurant equipment as part of a new 10-year contract with the Foundation, which required Sodexo to replace equipment as needed. During the COVID-19 pandemic, and in accordance with the Governor's Executive Order#53, the Virginia Aquarium closed its doors to the public for 96 consecutive days. During this period, Sodexo exercised the force majeure clause in the Foundation's contract. This resulted in the termination of that contract, which then ultimately led to the removal of all food service equipment in May of 2020. Additionally, terms of the Foundation's contract required the Foundation to pay the cost of all unamortized improvements incurred by Sodexo. In order to restore food service operations, the Foundation will purchase new food service equipment at an estimated cost of $270,932. This includes replacement of equipment in the Main Building, as well as funding to fulfill Sodexo's former contractual obligations to outfit the Marsh Pavilion café area. In addition to the funding request associated with new kitchen equipment, $64,798 is requested to cover the allowable expenses outlined in the City's non-profit CARES Act application. This funding would reimburse the Foundation's payroll for the period the Virginia Aquarium was closed due to Executive Order #53. The Foundation did not receive any other funding to cover these expenses. The Foundation maintained the full 22 FTEs during the pandemic shutdown, which the Foundation deemed necessary to sustain the Virginia Aquarium's operational functionality. In September 2020, the Foundation applied for CARES Act funding through the City's non-profit application process. However, the Agreement between the Foundation and the City stipulates that the certain positions are financially supported by the Foundation but are employees of the City. Due to this arrangement, the positions funded by the Foundation did not qualify for federal funding assistance. • Considerations: The attached ordinance appropriates $335,730 from the amounts reserved for Pandemic Relief. These funds will be provided as a grant to the Foundation for food service equipment and payroll obligations. This support is in addition to rent relief provided to the Foundation earlier in the Pandemic. The Agreement requires the Foundation to pay 35% of the lease for the current Marine Animal Conservation Center building. The City leadership supported rent relief for the Foundation as a means of providing financial assistance, and the value of this rent relief was $35,000. Notification of the transfer in support of the rent relief was transmitted to the City Council in the June 18, 2020 Friday Packet. Each year, the Foundation provides the City approximately $1 million in operating support for the Aquarium, and it has provided $24 million in capital funding for the past three expansions of the Aquarium. • Public Information: Normal City Council agenda process. A briefing was provided to the City Council regarding this funding request at the December 8, 2020 Informal Session. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of the Virginia Aquarium City Manager: 1 AN ORDINANCE TO APPROPRIATE $335,730 FROM 2 THE FUND BALANCE OF THE GENERAL FUND AND 3 TO AUTHORIZE A GRANT TO THE VIRGINIA 4 AQUARIUM & MARINE SCIENCE CENTER 5 FOUNDATION 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $335,730 is hereby appropriated, with miscellaneous revenue increased 11 accordingly, from the fund balance of the General Fund from such amounts reserved for 12 Pandemic Relief to the Department of the Virginia Aquarium, and a grant of $335,730 is 13 hereby authorized to be provided to the Virginia Aquarium & Marine Science Center 14 Foundation, Inc. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management Services i Att ey's Office 9 g Y CA15283 R-2 December 29, 2020 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: _Virginia Aquarium Foundation ECTION 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 PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of BDO Global your tax return Financial Services (include Towne Bank, Truist, PNC, n lending/banking institutions and Atlantic Union current mortgage holders as applicable) Jan Proctor for General x 0 Legal Services Counsel and William Devine of Williams Mullen Litigation BB&T Scott and Stringfellow, Broker/Contractor/Engineer/Other x 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. ditotezCynthia Whitbred-Spanoulis 1 1/19/2020 APPLICANT'S SIGNATURE PRINT NAME DATE Na�yBFti� S yL 04 ti I f..i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $18,790 for the Mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for Tropical Cyclone Delta MEETING DATE: January 5, 2021 • Background: Virginia Task Force 2 Urban Search and Rescue Team received activation orders to assist with Tropical Cyclone Delta response activities. In October, two members of our Incident Support Team were sent to respond to this event in Baton Rouge, Louisiana. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed, and the cost for responding to Tropical Cyclone Delta was $18,242. In addition, the department is entitled to $548 for the cost of preparing these claims. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:rAf 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $18,790 FOR THE MOBILIZATION OF THE VIRGINIA 3 TASK FORCE 2 URBAN SEARCH AND RESCUE 4 TEAM FOR TROPICAL CYCLONE DELTA 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $18,790 is hereby accepted from the U.S. Department of Homeland Security, 10 Federal Emergency Management Agency, and appropriated, with federal revenue 11 increased accordingly, to the FY 2020-21 Operating Budget of the Fire Department for 12 the reimbursement of costs related to the deployment of members of the Virginia Task 13 Force 2 Urban Search and Rescue Team for Tropical Cyclone Delta. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget & M2(nagement Services ey's Office CA 15292 R-1 December 15, 2020 L. PLANNING 1. E & R,INC./CHESAPEAKE-BEACH COMMONS,LLC for a Change in Nonconformity re demolish existing structure and build new outdoor dining structure within same footprint at 4600 Lookout Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. ATHERTON CONSTRUCTION & DEVELOPMENT, INC./ OPEN DOOR CHAPEL, INC. for a Modification of Conditions re religious use at 3177 Virginia Beach Boulevard DISTRICT 6—BEACH(Approved January 16, 1978) RECOMMENDATION: APPROVAL 3. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ WILDWOOD PARK, LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional A-24 Apartment District at 925 South Military Highway re 220-unit multi-family residential community DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. SCARLET DAWN WINDLEY/ JENNIFER WILLIAMS & BRANDON BULLOCK for a Conditional Use Permit re home-based wildlife rehabilitation facility at 4933 Gulfstream Circle DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. SHAWNDA M. BENTLEY/ENOCH& SHAWNDA M. BENTLEY for a Conditional Use Permit re home-based wildlife rehabilitation facility at 1204 Orkney Drive DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL tKu• off %* 4 t, 411 it,:w NOTICE OF PUBLIC HEARING In accordance with Virginia Code§2.2-3708.2,Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020,and Chapter 1289 of the 2020 Acts of Assembly as amended, a Virtual Public Hearing of the Virginia Beach City Council will be held on Tuesday,January 5, 2021 at 6:00 p.m.This public hearing will be held by electronic communication means to comply with Executive Order 72 related to the Covid-19 pandemic. All interested parties are invited to participate by following the two-step process provided below. The following requests are scheduled to be heard: Franklin Johnston Group Management&Development, LLC(Applicant)Wildwood Park, LLC(Property Owner) Conditional Change of Zoning(B-2 Community Business District to Conditional A-24 Apartment District) (Proposed 220 units at a density of 23.28 units/acre). Address:925S.Military Highway GPIN(s):1456048084 Council District Kempsville Scarlet Dawn Windley(Applicant) Brandon Bullock& Jennifer Williams (Property Owners) Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) Address:4933 Gulfstream Circle GPIN(s):1466952301 Council District Kempsville Shawnda M.Bentley(Applicant)Shawnda M.&Enoch A. Bentley (Property Owners) Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility)Address: 1204 Orkney Drive GPIN(s): 1476007405 Council District Kempsville E&R,Inc.(Applicant)Chesapeake Beach Commons, LLC(Property Owner)Change in Nonconformity Address: 4600 Lookout Road GPIN(s): 1570614643, " 1570613773,1570614710 Council District Bayside Atherton Construction&Development,Inc.(Applicant& Contract Purchaser)Open Door Chapel, Inc(Property Owner) Modification of Conditions (Religious Use) Address: 3177 Virginia Beach Boulevard GPIN(s): 1497041957 Council District Beach 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: ftttos//vbgov.webex.com/vbeov/onstage/n oho 2MTID=e94 bad 61a222d42hcRd463ftda0t3f$ k4. 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 January 5,2021. Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc. For information call 757-385- 4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Amanda Barnes City Clerk BEACON-DECEMBER 20&27,2020-1 TIME EACH 1:277/8 ' i ______.., ;., 1-6 , ___ f I ' -Ah• cp v CC �; I.L. ce a?, c:::j Lc) IN T ur IX 1 ,.p. ait. /�• o al �� Y /r7 glia.stit /� �� cc A anUa^b s � /IIIij saal4a4 i -------/ a � � itio 1 b, ssaa \ V \\14 \\*I\ii. — \\.\\\ /1 ,/ CU _ _ i.r) \ i ' _ I 61.1 i_ a ' 1 L ce co/ c="4„ 0 46, _,____ct co, i ...t. r O O Ta- . ilf ___ 0 0 all >I J 5 Q •- Y - v o c •= i [ nr. ,'.."-''''NY, ep`"wBe z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: E & R, INC. [Applicant] CHESAPEAKE BEACH COMMONS, LLC [Property Owner] Change in Nonconformity (Eating & Drinking Establishment in Residentially-Zoned District) for the property located at 4600 Lookout Road (GPINs 1570614643, 1570613773, 1570614710). COUNCIL DISTRICT — BAYSIDE MEETING DATE: January 5, 2021 • Background: In 2010, an expansion of the nonconforming restaurant use was approved by the City Council. This included updates to an existing metal pole construction outdoor dining structure. While this request includes reconstruction of the outdoor dining area within the same footprint, consideration and approval by the City Council is again required. This proposal includes the replacement of the existing structure with a new structure consisting of white composite wrap columns and panel, vinyl opening infill with a metal roof to match the main building. The existing flooring of a wood deck will be replaced with a concrete pad. The request also includes the addition of a 12-foot by 12-foot uncovered wooden deck at grade level, adjacent (north) to the proposed building alterations. The existing residential unit on the site will remain. • Considerations: Both Staff and the Planning Commission agree that the proposal is acceptable. A restaurant has been in operation at this site for decades. The reconstruction of the outdoor dining area and front porch will be in the existing footprint and the addition of an uncovered ground-level deck is minimal in scope. The proposed building materials are of a higher quality and more aesthetically pleasing than what currently exists and will be complementary to the existing restaurant building. Additionally, the proposed alteration provides an improved barrier between the outdoor dining area and the adjacent residences. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. As the property is located within the Shore Drive Corridor, the applicant voluntarily attended and presented to the Bayfront Advisory Commission (BAC) on November 19, 2020. The BAC found the proposed renderings to be consistent with the design guidelines of the Shore Drive Corridor and Staff concurs. No objections to the request were noted by the BAC. Staff did receive two letters of opposition and there were two speakers signed up to speak; however, the applicant indicated at E & R, Inc. Page 2 of 2 the podium that he was able to meet with the residents immediately prior to the public hearing and resolve the conflicts. • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The conditions of the 2010 Expansion of a Nonconforming Structure request are hereby deleted and superseded by the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "HK on the Bay Concept Plan", dated November 1, 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 elevations entitled, "EXTERIOR IMPROVEMENTS FOR HK ON THE BAY", prepared by Altruistic Design, dated 10/21/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 4. The applicant shall file all necessary permits with the City for review and approval of the proposed alterations. 5. There shall be no speaker system or the playing of music anywhere outside the main building. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Ordinance Letters of Opposition (2) Letter from Applicant to Neighbor 12/17/2020 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmenty City Manager:P/0 1 A RESOLUTION AUTHORIZING A CHANGE IN 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 4600 LOOKOUT ROAD 4 5 WHEREAS, E & R, Inc. (the "Applicant") has made application to the City Council 6 for authorization to change the nonconforming structure located at 4600 Lookout Road 7 and zoned R-5R (SDO) Residential Zoning District with the enclosure of an open porch 8 to the restaurant on the parcel and the addition of a small deck; 9 10 WHEREAS, this parcel currently contains a restaurant which is not allowed in the 11 R-5R Zoning District, but the use was ongoing prior to the adoption of the applicable 12 zoning regulations and is therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on December 9, 2020; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the change of 18 a nonconforming structure is unlawful in the absence of a resolution of the City Council 19 authorizing such action upon a finding that the proposed structure as changed will be 20 equally appropriate or more appropriate to the zoning district than is the existing structure. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed structure as changed, will be 26 equally appropriate to the district as is the existing nonconforming structure under the 27 conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the change of the nonconforming structure is hereby authorized, upon the 33 following conditions: 34 35 1 . The conditions of the 2010 Expansion of a Nonconforming Structure request 36 are hereby deleted and superseded by the following conditions below. 37 38 2. When the property is developed, it shall be in substantial conformance with the 39 submitted Concept Plan entitled, "HK on the Bay Concept Plan", dated 40 November 1 , 2020, which has been exhibited to the Virginia Beach City Council 41 and is on file in the Department of Planning and Community Development. 42 43 3. The exterior of the proposed improvements shall substantially adhere in 44 appearance, size and materials to the elevations entitled "EXTERIOR 45 IMPROVEMENTS FOR HK ON THE BAY", prepared by Altruistic Design, 46 dated 10/21/2020, which have been exhibited to the Virginia Beach City Council 47 and are on file in the Department of Planning and Community Development. 48 49 4. The applicant shall file all necessary permits with the City for review and 50 approval for the proposed outdoor dining area structure. 51 52 5. There shall be no speaker system or the playing of music anywhere outside the 53 main building. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4—rtok-/V-/ /j) 1107 Planning and Community City Attorney's Office Development CA15276 R-2 December 2, 2020 2 Applicant E & R, Inc. Agenda Item Property Owner Chesapeake Beach Commons, LLC Planning Commission Public Hearing December 9, 2020 Cityoj AliEll; City Council Election District Bayside 6 Virginia Beach Request Change in Nonconformity Staff Recommendation Approval \_ Staff Planner <4("cb„,. Jonathan Sanders �A`�„% ° Location i t40go aer0/ 4600 Lookout Road // / d�q��4 4,'4 GPINs a}" A� yh., '4n 4 1570614643, 1570613773, 1570614710 G4'a� L°okc4`1- '4, 'coon .` TSheet ROad, ,_` Site Size _ 4. 27,500 square feet take O4w. � Av '°„e, Aven�• AICUZ I --- en°e take Dave - - Less than 65 dB DNL �� Watershed .,� Chesapeake Bay Existing Land Use and Zoning District *,a fi ; Restaurant, single-family dwelling/R-5R Residential (Shore Drive Corridor Overlay) %mi Surrounding Land Uses and Zoning Districts '` .t .,:'A, North c Single-family dwelling/ R-5R Residential (Shore vt �! '{ Drive Corridor Overlay) F •� � '� "� • � �� I � , South .z A'e s Lookout Road t� '' t L,eAK ` Single-family dwelling, duplexes/R-5R #•' " f Residential (Shore Drive Corridor Overlay) r :� �: F `°DkO,'tR°aq 4' East , - , f ' Fentress Avenue '`. .16' Single-family dwelling/ R-5R Residential (Shore -- 4-'' ' L'�'L ` Drive Corridor Overlay) West Duplex/ R-5R Residential (Shore Drive Corridor Overlay) E & R, Inc. Agenda Item 6 Page 1 Background & Summary of Proposal • The subject site consists of three lots with a 2,200 square foot restaurant with an outdoor dining area and associated parking area and a dwelling along Fentress Avenue. As the restaurant is on property zoned R-5R Residential District, it is considered a nonconforming use, as Eating and Drinking Establishments are not a permitted use within the district. • In 2010,an Expansion of a Nonconforming Structure to permit the restaurant's existing outdoor dining structure, consisting of a fabric roof and metal pole construction,was approved by City Council. • The applicant now proposes to update this outdoor dining structure within the same footprint,which requires a Change in Nonconformity. The applicant proposes to demolish the existing structure and build a new structure with white composite wrap columns and panel,vinyl opening infill and a metal roof to match the main building. The existing flooring of wood decking will be replaced with a concrete pad. The request also includes the addition of a 12-foot by 12-foot uncovered wooden deck at grade level, adjacent(north)to the proposed building alterations. /i Cf`\�/I l "'Jo., f ,1/4 iir A.. J'''JJ/ << �% 4A. Zoning History J R � R�/R # Request I � �f 4 C 1 NON(Expansion of Nonconforming Structure-Roof 1/ i-:' ',.en c Covering)Approved 26 2010 / pP / / 6.-- et / lootO-.,Ropy - i Cj ,, , 7- -q mil__..&._Li,„1I �J/'/(//�,'.• .1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed reconstruction of the existing outdoor dining area and front porch,which has the same footprint of the existing outdoor covered area and the addition of the uncovered ground-level deck is acceptable given its minimal scope.The existing deck area is currently used for dining purposes and the proposed change in materials enhance this dining experience,which has existed for more than a decade. The proposed building materials are of a higher quality and more aesthetically pleasing than the existing fabric and metal post structure and will be complementary to the existing restaurant building.Additionally, Staff finds that the proposed alteration provides an improved barrier between the outdoor dining area and the surrounding residential community. As the site is within a residential area and the previous Change in Nonconformity request has a condition that prohibits outdoor speakers or music,the recommended conditions below continue to include that prohibition in order to reduce impacts to surrounding residential properties of noise associated with the use. E & R, Inc. Agenda Item 6 Page 2 As the property is located within the Shore Drive Corridor,the applicant voluntarily attended and presented to the Bayfront Advisory Commission (BAC)on November 19,2020. The BAC found the proposed renderings to be consistent with the design guidelines of the Shore Drive Corridor and Staff concurs. No objections to the request were noted by the BAC. Based on the considerations above,Staff recommends approval of the request with the conditions listed below. Recommended Conditions 1. The conditions of the 2010 Expansion of a Nonconforming Structure request are hereby deleted and superseded by the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "HK on the Bay Concept Plan", dated November 1,2020,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 elevations entitled, "EXTERIOR IMPROVEMENTS FOR HK ON THE BAY", prepared by Altruistic Design,dated 10/21/2020,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning&Community Development. 4. The applicant shall file all necessary permits with the City for review and approval of the proposed alterations. 5. There shall be no speaker system or the playing of music anywhere outside the main building. 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. 2010 Change in Nonconformity Conditions 1. The alterations to the existing deck shall substantially adhere to the submitted marked-up site plan entitled "Physical Survey of Lot 18 and Part of Lots 17 and 19,"dated April 12,2000,and prepared by Ward M. Holmes Land Surveyor, P.C. Said plan has been exhibited to the City of Virginia City Council and is on file in the Planning Department. 2. The alterations to the deck shall substantially adhere to the photograph of the site. Said photograph has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. All necessary alteration permits and a certificate of occupancy for the covered deck from the Department of Planning/Permits and Inspections Division shall be obtained within sixty(60)days of this approval. E & R, Inc. Agenda Item 6 Page 3 4. There shall be no speaker system or the playing of music on the deck area or anywhere outside the main building. 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. 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 1 1 a Existing Land Use 2-300 ADT Lookout Road 2,025 ADT 8,700 ADT (LOS "D") Proposed Land Use 3-300 ADT 1 Average Daily Trips 2 as defined by a 2,200 square 3 as defined by a 2,200 square foot 4 LOS=Level of Service foot restaurant restaurant Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lookout Road in the vicinity of this application is considered a two-lane undivided local street. No roadway CIP projects are planned for this segment of roadway. Currently,this segment of roadway is functioning at a LOS C or better. Fentress Avenue in the vicinity of this application is considered a two-lane undivided local street. No roadway CIP projects are planned for this segment of roadway. Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant presented the proposal to the Bayfront Advisory Commission (BAC) on November 19, 2020. No objections to the application were noted by the BAC. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on November 8, 2020. E & R, Inc. Agenda Item 6 Page 4 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020 and November 29, 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 November 23, 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 December 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesday, December 22, 2020 and in the Virginian-Pilot Beacon Sunday, December 27, 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 December 21, 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 December 31, 2020. E & R, Inc. Agenda Item 6 Page 5 Ordinance 1 A RESOLUTION AUTHORIZING A CHANGE IN 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 4600 LOOKOUT ROAD 4 5 WHEREAS, E & R, Inc. (the "Applicant") has made application to the City Council 6 for authorization to change the nonconforming structure located at 4600 Lookout Road 7 and zoned R-5R (SDO) Residential Zoning District with the enclosure of an open porch 8 to the restaurant on the parcel and the addition of a small deck; 9 10 WHEREAS, this parcel currently contains a restaurant which is not allowed in the 11 R-5R Zoning District, but the use was ongoing prior to the adoption of the applicable 12 zoning regulations and is therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on December 9, 2020:and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the change of 18 a nonconforming structure is unlawful in the absence of a resolution of the City Council 19 authorizing such action upon a finding that the proposed structure as changed will be 20 equally appropriate or more appropriate to the zoning district than is the existing structure 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed structure as changed, will be 26 equally appropriate to the district as is the existing nonconforming structure under the 27 conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the change of the nonconforming structure is hereby authorized, upon the 33 following conditions: 34 35 1. The conditions of the 2010 Expansion of a Nonconforming Structure request 36 are hereby deleted and superseded by the following conditions below. 37 38 2, When the property is developed,it shall be in substantial conformance with the 39 submitted Concept Plan entitled. "HK on the Bay Concept Plan", dated 40 November 1,2020.which has been exhibited to the Virginia Beach City Council 41 and is on file in the Department of Planning and Community Development. 42 43 3 The exterior of the proposed improvements shall substantially adhere in 44 appearance, size and materials to the elevations entitled "EXTERIOR 45 IMPROVEMENTS FOR HK ON THE BAY", prepared by Altruistic Design, E & R, Inc. Agenda Item 6 Page 6 Ordinance 46 dated 10/21/2020,which have been exhibited to the Virginia Beach City Council 47 and are on file in the Department of Planning and Community Development. 48 49 4. The applicant shall file all necessary permits with the City for review and 50 approval for the proposed outdoor dining area structure. 51 52 5. There shall be no speaker system or the playing of music anywhere outside the 53 main building. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ,2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA152i6 R-2 December 2,2020 2 E & R, Inc. Agenda Item 6 Page 7 Proposed Concept Layout HK on the Bay Concept Plan November 1,2020 \\ COOL Of \ PLEASURE MOUSE LAKE j LI • k if , ) '`A i g 11 LOT /A t I ic b ` IPART Of s oo r, I LOT 19 111 00 « • 21 ' 1 o.r« r -_#. I, Proposed 12-foot by 12-foot UM deck with no roof arD Restaurant Replace existing PA LOOKOUT ROAD { " rt,tiv 1 ' outdoor dining area & front porch structure (same footprint) E & R, Inc. Agenda Item 6 Page 8 Proposed Architectural Rendering ___--------7-;-`,..1. ----'- ------ ______-,-,- - V i __„i.r_:±_._.==__: __7 _ , .--1 •-•-- *-1-- . it I 1 it- 1 I.. •-.4' i 1 I 7 , , , i : 1 ,. 1 : : ._46 „:t. ..,.. . _ ii _ . I, : i ; F , __ __ __ ____ ___ Y()) [111) 1_1_1 [ [ I' 1 [ _ __ ., ,. , _ __ 111 - E & R, Inc. Agenda Item 6 Page 9 Proposed Elevations PI Z 7 N r �u C W J O U Q Y� O g w a prX3 N u o to K 5 i � �° ¢ y § 3 8 OQ2 g"'S u S o Ci 5° S o 8 g8 s r ; WY W pr m e O t i W W -- /(j- 2 g t ii 1 _ g if _ , ,. - _ --,,-,',$., 11111. : ■ it I 1 ■■ — tiS t 7111 11 _ --- - _LI% N 3 3 W j o i U & o H o ; oo Z w H ww'2 A H O0 0o ce_ Lu W LU'1 alW J > = O tt Z R Wrx W;..- G 0 CC 6 fa X LL ,- 0 0 ° Fe o - o x w2 E & R, Inc. Agenda Item 6 Page 10 Site Photos • Y � .111k14 y P 44746 i" e.a � et E & R, Inc. Agenda Item 6 Page 11 Site Photos . 1 41 .ate v 'A 'ash ^ w . Nil _.. i i. .. m..� f>�, ., r y, I I I ./A y, a. E & R, Inc. Agenda Item 6 Page 12 Disclosure Statement Disclosure Statement Y u- ., ., 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 E & R, Inc. Applicant Name Does the applicant have a representative? 0 Yes 7"No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm.business,trust or an unincorporated business?'Yes ❑ No • if yes,Ilst the names of all officers,directors,members,trustees,etc.below. (Attach a list is necessary) �-�C14.441) Co l�✓v, P S(p T • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) J Y. .. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 E & R, Inc. Agenda Item 6 Page 13 Disclosure Statement Disclosure Statement �.=w 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-collateraliration,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. La C M ` h/A4 1l4 J / PPP LOAM/SBA LOAN 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 0 No • If yes,identify the firm or individual providing the service. ST .wA. r I GonitAJv, 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?'"Yes 0 No • If yes,identify the firm or individual providing the service. J'Zf�M y M4L4 w / 4i•Qv o r/c- DE i11v 5. Is there any other pending or proposed purchaser of the subject property?0 Yes leNo • If yes,identify the purchaser and purchaser's service providers. 21Page E & R, Inc. Agenda Item 6 Page 14 Disclosure Statement Disclosure Statement • :. P f ntmig&Cririt unit' 6. Does the applicant have a constr"+r^^e..,,t,„nt^.in r^^^orN.,.,,.,,,rh tha Subject of the application or any business operating or to be operated on the property? Yes • If yes,identify the construction contractor. Spacemakers 7. Does the applicant have an engineer/surveyor a:ent in connection with the subject of the application or any business operating or to be operated on the property. Yes • If yes,identify the engineer/surveyor/ages SPC Structural Engineers 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 lNo • If yes,identify the name of the at orney o-firm providing legal services. Applicant Signature I certify that a I 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. /WA. Applicant Signature IQILI-LIi O NVI/✓ Pa ‘f. r Print Name and Title /74Z—,' Date 9 Is the applicant also the owner of the subject property? ❑Yes L Vo • 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 charges as of D9Se 2/17/2020 "a`ure JDn?at ah a11dei's Print Name Jonathan Sanders 3Jl E & R, Inc. Agenda Item 6 Page 15 Disclosure Statement Disclosure Statement ,,, -•�.�,,. Ery Owner Disclosure COE SA QE 4 t.w,4C 14 ee ors, Li c Owner Name _/4A)9DEN O04Ay - SWEaQI 001A1 Applicant Name___ A1CNRRD Co4EMAPJ - .6Ard R zv,. D,iarb But,«'I/A-f"Vfk Hill t?}F.8A'j"L rel'cs Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?WY¢S ®No • if yes,fist the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)[ . 4 " _- I I. /tt e,�..y /1-�A i 5" !\ t i� , r/t-1 SY3° 4, _V 1 r i / auaiti(E- M' ,f i P/1-uf--rin8T . • 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 h�we an interest in the subject land or any proposed development contingent on the subject public action?®Yes pi:- • • 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 4 2-2-3101. "Affiliated business entty 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;cr there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. 51Pait 4. E & R, Inc. Agenda Item 6 Page 16 Disclosure Statement Disclosure Statement 11 Planning&iCom unity 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 conr,etion with the subject of the application or ary business operating or to be operated on the property? J Yes P'Fdo • If yes,identify the financial institutions. fi: -- p.4.t tt try 0144/611F+ x-f rl o�/try , iiv�vzi t' 2. Does the Owner;bave a real estate broker/agent/reaherfor current and anticipated future Saks of the subject property? D Yes • If yes,identify the real estate broker/realtw. �N G F"aL (1.4:1&71—r4•r9t—it4 77cot) 3. Does the Owner have services for accounting and/or preparation of tax returns provided inconnection with the subject of the application or any business operating or to be operated on the property?CIiQ N Yes O • If yes,identify the firm or individual providing the service. ;64.4 { M/. 477744,41.,E 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 .111"No • If yes,identify the firm or individual providing the service. 4111 (iz ;c-r4h1,2-t:/—/1-Pri.4444,71 4t f 6ti 47eP e-44•7--- 5. Is there any other pending or proposed purchaser of the subject property?CO Yes • 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?♦I Yes fa'No • If yes,identify the construction contractor. tfv 'a- ,1-246J4-1.i--" PL-i<.1-tit./. i'..4-01/46fen 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?r2 Yes DKr) • If yes,identify the engineer/surveyor/agent. �1� 4'Y f l a c-fileAil . A-f u'r,/at'v by N e../t-+4 4/7 Wage E & R, Inc. Agenda Item 6 Page 17 Disclosure Statement Disclosure Statement )(3 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 iNo • if yes,identify the name of the attorney or firm providing legal services. JV M 671rigif74—/n3)Lie-4q-c,c/. (ttiv'/SeN 4S-Y Arid /r-, %T"' yr Owner Signature certify that ail 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 r committee in connection with this application. iI /t Owner afore G A'/ tb Tfif l-rst414c.7l_t.L )(De._-)t// d N •�-y, c{f E 41.41v4 .,tom, ./Y1t- & Print Name and Title ` 7 /7l-4-4,5FN LoZ� __ Date E & R, Inc. Agenda Item 6 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. E & R, Inc. Agenda Item 6 Page 19 Item # 6 E & R, Inc. [Applicant] Chesapeake Beach Commons, LLC [ Property Owner] Change in Nonconformity 4600 Lookout Road December 9, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: Our next item is item number six, which is a Change in Nonconformity located at 4600 Lookout Road. Is the applicant present? Mr. Coleman: Hello, my name is Rich Coleman, I am the owner of HK on the Bay. You all heard this morning, what we are trying to accomplish. And, the reason why I was not here, I am going to basically just change the construction of something that was approved 10 years ago, to make it more aesthetically pleasing. It is also going to be keeping our guests from the elements, so we can see them when it rains and when it is cold. You have the letter from Phil, next door neighbor with the objections. We have met with Phil, me and the landlord. And, we have come to a compromise on everything he is asking for. And, that is the reason why he's not here, he has already left. So, we are summarizing that in a letter to Phil, and he is good, now. The other objection, I think, reference a part of the parking situation and what we are doing does not affect parking at all. There is no gain or loss of spaces. Where we're going to put the 12 by 12 foot deck with no roof is right now there are just a couple of bushes there. So, we remove a couple of bushes. Does anybody have questions? Ms. Oliver: Thank you for taking the time to come down and address those issues. We truly appreciate it, I know this is Mr. Redmond's district, but my husband is also in the restaurant business. So, I know how important these patios are especially in these times. Mr. Coleman: Yes, because we have lost seating due to the social distancing. Ms. Oliver: Absolutely. I applaud you on your design. I think it is absolutely beautiful and wish you well in your new, enclosed patio, because I think it will serve you very well in these times. And, hopefully, there will be short lived. Mr. Coleman: Yes. Thank you. 1 Ms. Oliver: Thank you. Mr. Redmond, do you have any questions? Mr. Redmond: I do not, I have no questions for the applicant. Ms. Oliver: Does anybody have questions for the applicant. Okay. Thank you very much. Mr. Coleman: Thank you all. Ms. Dozier: We have two speakers on this item. Ms. Oliver: Okay. Thank you. Ms. Dozier: Philip Delsignore. Ms. Oliver: I do believe that the applicant had said that he might have left earlier, but if you want to try one more time. Ms. Dozier: Philip Delsignore if you are in please come to the podium. Ms. Oliver: Okay, so, he appears to be gone. Ms. Dozier: Bill Parr. Ms. Oliver: Both of our speakers are gone, it appears. Okay, well with that, we will go ahead and close the hearing now and open it up for discussion and or motion. Mr. Redmond. Mr. Redmond: Madam Chair, I move approval of the application. Mr. Weiner: I second. Ms. Oliver: We have a second by Commissioner Weiner. Can you call for the question please? Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. 2 Mr. Barnes: Aye. Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: Madam Chair, Oliver. Ms. Oliver: Aye. Ms. Porter: I record a vote of nine to zero, agenda item number 6 has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT 3 Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The conditions of the 2010 Expansion of a Nonconforming Structure request are hereby deleted and superseded by the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "HK on the Bay Concept Plan", dated November 1, 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 elevations entitled, "EXTERIOR IMPROVEMENTS FOR HK ON THE BAY", prepared by Altruistic Design, dated 10/21/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 4. The applicant shall file all necessary permits with the City for review and approval of the proposed alterations. 5. There shall be no speaker system or the playing of music anywhere outside the main building. 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 From: Richard Coleman 4448 Lookout Rd Virginia Beach VA 23455 To: Philip J. Delsignore, Jr. 4612 Lookout Rd Virginia Beach VA 23455 December 17, 2020 Hi Phil, The purpose of this letter is to summarize what we verbally agreed to last week just prior to the Planning Commission hearing at the Convention Center to address the concerns you documented to the Planning Commission regarding our application for a Change in Nonconformity regarding the construction materials used to cover our outdoor patio. Hayden DuBay, the property owner, and I agreed to: - Move the dumpster from where it is now to the left so it is away from both your patio and the front door by placing it so it is mid-way on your wall that faces the restaurant parking lot. - Provide an 8' high wooden fence that will extend from the corner of the restaurant lot along the property line between your property and the restaurant lot. The fence will continue at 8' to just beyond your front porch where it will then drop to a 4' height as it approaches Lookout Rd. - Readjust the parking lot lighting so that it does not shine onto your property. Hayden and I committed to accomplishing the dumpster move and the fence construction by July 1 to which you were agreeable. The lighting has already been adjusted so that it does not shine onto your property. You agreed that the above actions satisfied your concerns and to no longer object to our application to change the construction materials used in the cover over the patio. I'm glad we could work things out and look forward to being good neighbors. Sincerely, Lii Richard Coleman cc Hayden DuBay From: Michael Stafford To: )onathan D.Sanders Subject: Application for change in nonconformity E&R,Inc. Date: Tuesday,December 8,2020 4:09:08 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Sanders I am the owner of two duplexes (4607/09 and 4611/13) diagonally across from the business establishment at 4600 Lookout Road. Although I agree that replacing the existing outdoor dining structure with something more permanent and attractive would be a distinct improvement, I have the following concerns: 1. Parking is often a problem when the restaurant is in operation. If the addition of a 12' x 12' open deck reduces the number of available parking spaces than the parking situation will only become worse. Perhaps the parking lot could be expanded into the open area shown on the site plan. 2. I understand that no speakers or playing of music will be allowed outside the building, however, it is inevitable that the increase in crowd activity, particularly on the open deck will result in additional noise. 3. Stormwater runoff has been a persistent issue along this portion of Lookout Road. I would expect that the applicant would insure that the proposed project will not add adversely to the runoff situation and will take action to reduce his existing impact. Unless these concerns are addressed, I will not be able to support this application. If you have any questions please feel free to contact me at mjstaff@me.com. Sincerely, Michael Stafford Lookout Road LLC �Phili ➢ J. Delsignore, Jr. 4612 Lookout Road 757.675.8434 Va. Beach Va. 23455 pdelsignore(acox.net December 7, 2020 Mr. Jonathan Sanders, Staff Planner City of VA. Beach Planning Commission Bayside District RE: Application for change in nonconformity by E & R, INC at 4600 Lookout Road Dear Mr. Sanders I am the sole owner of the residential duplex building and land directly adjoining the West boundary of the property of Chesapeake Beach Commons, LLC on which the HK By the Bay Restaurant is located. While many people in this neighborhood are transient renters who are unlikely to comment on this application, I have been a long-term member of the Chicks beach Community, and a resident of my property since 2006 back when a quaint little café called Chicks was next door, prior to the various expansions done by the current owners and operators. This letter is to inform you that I vigorously object to the approval of the applicants request as submitted. Allowing any further increases in Nonconformity of this property will have an immediate and detrimental impact on the value of my adjoining residential property, which has already been negatively impacted by the unchecked nonconforming and high impact commercial uses that are ongoing. HK is a both a restaurant and a late-night nightclub/bar operation which draws big crowds with live bands, loud music and people gathering in the parking lot late at night. There is already a need for additional parking which is at a premium on busy nights. The restaurant has large outdoor floodlights that presently radiate commercial level bright lights onto my residential building at a nuisance level. This very busy restaurant and bar also generates huge amounts of stinking restaurant food waste that is now stored within inches of my property line, and less than 20 feet from my back porch, all as shown on the submitted site plan. While I find it interesting that the site plan shows several lots included under the ownership, only a tiny fraction of that land is actually used for the operating of this major commercial establishment, which is now is crammed onto the tiniest amount of property possible. No Portion of lots 17 or 18 are utilized to support this remarkably busy commercial operation, not for parking, storm water management or storage of waste and trash. As one can readily see in the site photos, water ponding at the building practically goes into the front door already, and it Mr. Jonathan Sanders Dec 7,2020 Page 2 of 3 occasionally floods the floor of the dining room/dance floor after a heavy downpour. My Property has been impacted by the addition of more asphalt to the HK parking lot which changed its drainage pattern, and created similar ponding on my property as a consequence of filling in what would be the gutter on the shoulder of the street,now filled in. My concrete parking apron now regularly has 3 inches of standing water after a heavy downpour as a result which should be as unacceptable to the city as it is to me. Among other elements, there is a serious need for improvements to the stormwater management of the site before any further development such as is proposed takes place, including a return of my drainageway along the street. HK is not just a nonconforming use, it is a use that far exceeds the capacity of the tiny lot on which this major commercial activity is taking place. The City of Virginia Beach recognized this as a use that did not conform to its surroundings many years ago. I believe that the City has an obligation to get these impacts in check and ensure that ANY change to the building, lot or operation FIRST AND FOREMOST protect adjoining properties from further negative impacts and begin to make corrections to previous expansions that should have been more wisely considered before approval. In most situations where new Commercial uses are proposed where they adjoin residential properties,there are numerous mitigating measures required to minimize intrusive negative impacts on residents,property values, and the overall health safety and welfare of the neighborhood. As you know,this is a fundamental aspect of zoning and land use regulation. This application is a case study in the need to consider long term impacts on adjoining properties, and for significant mitigation to be required prior to any change in use, and that the mitigations be monitored for compliance in the long term. I believe, and hereby request,that the following mitigations should be included as a requirement prior to the issuance of ANY permits or changes to the operation of the property: 1) Relocate any and all trash receptacles,including the existing dumpster away from my property line and fully enclose it to minimize visual impacts and foul food waste odors and overflowing trash more contained, it should be put it on lot 18 where it only impacts the other property owned by Chesapeake Beach Commons LLC and not my property. 2) Require ALL exterior lighting to be directed away from my residential property and toward the commercial building. 3) Require the installation of an 8-foot privacy fence along my property line, (tapering down at the street for traffic safety)to buffer the commercial use from my residential use. 4) Require conforming parking spaces and travel lanes to prevent the chaos that constantly takes place late on busy nights,which is also a safety hazard and noise nuisance. Staff should take a much closer look at the very impractical layout of the parking lot and require a more safe and conforming parking environment. Mr. Jonathan Sanders December 7, 2020 Page 3 5) Require the applicant to return my drainageway along the street and/or establish on site stormwater management that gets the parking lot runoff water to the pond at the edge of lot 17, or to a nearby stormwater drain. This is a serious public safety issue. Any approval of this application that does not address my concerns will be met with legal measures, including an appeal of the permit issuance and all other available remedies under law. Thank you for your consideration of these very important aspects of the permit process. Sincerely Philip J. Delsignore, Jr. '"N r,„.„,„. ,_m ri -,„J N 0 : p.) ��__ Nor coo Lo �' N\ o0o '6 inv �� -44 .' o c)' t cu o CD7 eA (,� S , .,., --,-,:: - if , „ < C: ' - ' c Ls) o �, vN' t> L 101 --\ oi \''' \ \ cY _ ---- ',_------ E co ._ .4\\..... 1\ -,6, \ c i_ i ....\, c,\,7_\_.:_y_o 7,,(„c3r,.,v, ',...0.0 ,_ C. II CO y Q6, .,...,...a ' \\N‘H -1,, w CO iiii_ \ "-:? C-:-\- cD_, oeS (-) Iii--l\l' \ ' - -- 1 C4IL3._.) v1,1..,i v/u6o\,0\1,,,-. liviiiilot t \, -,;„.03 0 - , .. -30._, -,.,,, cc, ,,, t...\\.,. ›. . 1 - r. . ,' %It v jai / ,c: ' n I f\ ''''‘ 0, 1 **-\\ ), ilk► ?,---- ,F+ i 0w� \ A CD \ ,1 ..mot• 101,010111' -v.- __ imillisOPPr, • \__ N � ,� � „�li"Voiefoli �•�r%I -- ,- Fl -----C1?--- ‘ /5) \\ ,\JIL,1 \ \SP---W-, 7 . $7.4,te'0'044,` r 1 =2. „„4.44pc.3 02 ,-- '1 \ '' V , ,?4/,94# __________,....0„,--‘_\_, --I >, !..040 CO i . s T �► T ____._\ \ N \--\-/ nd=Road ato Y73 ` - vela o , ' -- --- k ,� -� ., N in a � m 4,_) r .; ,T soA k 4, re, ,,,, f---- IA ie, çiI • ~•i- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ATHERTON CONSTRUCTION & DEVELOPMENT, INC. [Applicant& Contract Purchaser] OPEN DOOR CHAPEL, INC. [Property Owner] Modification of Conditions to a Conditional Use Permit (Removal of 0.58 acre of Religious Use Property) for the property located at 3177 Virginia Beach Boulevard (GPIN 1497041957). COUNCIL DISTRICT — BEACH MEETING DATE: January 5, 2021 • Background: The applicant seeks to modify the boundary of the site that is associated with the Conditional Use Permit for a Religious Use that was granted by the City Council in 1978. Specifically, the proposal includes the removal of approximately half of an acre of the property and combine it with the site to the north for a new parking lot associated with the redevelopment of that site. • Considerations: Combining this portion of the church's site provides land necessary for the desirable redevelopment proposal on the property to the north. Portions of the parking lot can be located in the rear of the new retail building, thereby creating a more aesthetically pleasing layout. As the site is located in the 65-70 dB DNL; Sub-Area 3 AICUZ, uses compatible with Naval flight operations are required for discretionary proposals and encouraged for by-right development. The new retail and parking lot satisfy the AICUZ regulations. The remaining 6.55 acres exceeds the minimum three acre lot area requirement for a freestanding church. The removal of the acreage leaves 286 parking spaces, which exceeds the minimum parking requirement for a church with 600 seats 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 and Staff did receive one letter of support. • Recommendation: On December 9, 2020, the Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 9-0. 1 . All conditions attached to the Conditional Use Permit granted on January 16, 1978 are hereby deleted and superseded by the following conditions. Atherton Construction & Development, Inc. Page 2 of 2 2. Prior to site plan approval for the redevelopment of the property to the north that depicts the 0.58-acre portion of the church's property to be incorporated into that site as a parking lot, the applicant/owner shall submit a subdivision plat to the Department of Planning & Community Development for review, approval, and recordation. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: PlanningDepartment p City Manager: (7 Applicant & Contract Purchaser Atherton Construction &AB Agenda Item Development, Inc Property Owner Open Door Chapel, Inc Planning Commission Public Hearing December 9, 2020 8 Virginia Beach City Council Election District Beach Request Modification of Conditions (Religious Use) Staff Recommendation ` \ f e1 ` Approval rs 4 vEd Yrtor9h .. c' Staff Planner t ;Q ' 1 \ 1" a / "M Hoa N. Dao ` A 1 4 " Iter ,�-- MC / . . s ` '�Location / 3177 Virginia Beach Boulevard e«„e°" ' 7 RtO G P I N Nr9r n as —PlNIr�eMOri.e 1497041957 w.r.r Pl ace y Site Size • - ( N. 7.13 acres (0.58 acres to be removed from CUP) .3 ', "'wj`'=-2264 65-70 dB DNL; Sub-Area 3 g 'so� 'P 4%, Watershed A�a9� II Chesapeake Bay C Existing Land Use and Zoning District Religious use/ B-2 Community Business ig 1011 Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard • Mixed retail, auto dealership / B-2 Community ,d . Business oli • South I ' All?* Multi-familydwellings/A-18 Apartment tr.- .. 4 East Apartments, mixed retail/A-12 Apartment . 1 • , 474-- West • +�. G� Townhouses, multi-family dwellings/A-18 __ _ p ' Apartment q ., a y g ,. s 4t 1 ti ,^ Y3 + 4 9 4 Rom{. :11t. €.ti .. ; Atherton Construction & Development, Inc Agenda Item 8 Page 1 Background & Summary of Proposal • The subject site is zoned B-2 Community Business and is located within the Lynnhaven Strategic Growth Area. • The applicant seeks to modify the boundary of the site that is associated with the Conditional Use Permit for a Religious Use that was granted by the City Council in 1978. • The applicant seeks to allocate half an acre (0.58 acre)of the northern portion of the property in order for redevelopment of the site for retail. The concept plan depicts this area as a new parking lot for a new retail development that can be constructed within the B-2 Community Business District as a matter of right. A subdivision plat will be required to include the 0.58 acre portion with the northern parcel. • The remaining 6.55 acres exceeds the minimum three acre lot area requirement for a freestanding church. The removal of the acreage leaves 286 parking spaces, which exceeds the minimum parking requirement for a church with 600 seats in the sanctuary. C 2 - g p� Zoning History ,�, �a-Q # Request e.i C C1 -- — 1 CUP(Tattoo Parlor)Approved 07/10/2018 waitron) a CRZ(R-7.5 to Conditional B-2)Approved 01/04/2005 ter% 1 2 J 2 CUP(Tattoo Parlor)Approved 12/05/2017 fir• Q�,/� r~/ 1 \ 4 ` 3 CUP(Motor Vehicle Sales)Approved 09/12/2006 ti, 0177 4 CUP(Bulk Storage Yard)Approved 09/10/2004 •'squ = CUP(Religious Use)Approved 01/16/1978 4,/ 5 CUP(Motor Vehicle Rentals)Approved 09/14/2004 . 1�/� "`°"` <e: 6 CUP(Motor Vehicle Sales&Service)Approved 12/09/2003 `r A" 1 7 CUP(Motor Vehicle Sales&Service)Approved 06/11/2002 , ', [) 0 t 8 CUP(Motor Vehicle Sales&Service)Approved 02/27/2001 `12E=--= t CUP(Motor Vehicle Sales&Service)Approved 10/14/1997 ,.1 / 9 CUP(Motor Vehicle Rentals)Approved 06/13/2000 o� 10 CUP(Motor Vehicle Sales&Service)Approved 09/14/1999 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 finds this request to reallocate 0.58 acres of the church's property to be used as a parking area for the new retail development to the north to be acceptable. As noted above,the church does not require this portion of land to meet the minimum lot area or parking requirement. This area of the property is not well-maintained and is not used by the church. As the area is currently designated for parking and the future use of the property will also be for parking, no impacts to infrastructure or surrounding properties are expected. The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. Combining this portion of the church's site provides land necessary for the desirable redevelopment proposal on the property to the north. Portions of the parking lot can be located in the rear of the new retail building,thereby creating a more aesthetically pleasing layout. As the site is located Atherton Construction & Development, Inc Agenda Item 8 Page 2 in the 65-70 dB DNL;Sub-Area 3 AICUZ, uses compatible with Naval flight operations are required for discretionary proposals and encouraged for by-right development.The new retail and parking lot satisfy the AICUZ regulations. Based on the consideration described,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted on January 16, 1978 are hereby deleted and superseded by the following conditions. 2. Prior to site plan approval for the redevelopment of the property to the north that depicts the 0.58-acre portion of the church's property to be incorporated into that site as a parking lot, the applicant/owner shall submit a subdivision plat to the Department of Planning&Community Development for review, approval,and recordation. 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. Conditions of 1978 Request for Religious Use 1. Standard improvements as required by the Site Plan Ordinance. 2. The necessary drainage easements for the existing large drainage ditches located on the site and along the easter property line will be required. 3. The provision of parking area at a minimum of one space per 5 seats or bench seating spaces in the main auditorium. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Lynnhaven Strategic Growth Area.The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. 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 the site. Atherton Construction & Development, Inc Agenda Item 8 Page 3 Public Utility Impacts Water& Sewer The site currently connects to City water and sanitary sewer services. Public Outreach Information Planning Commission • One letter of support has been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020 and November 29, 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 November 23, 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 December 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesday, December 22, 2020 and in the Virginian-Pilot Beacon Sunday, December 27, 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 December 21, 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 December 31, 2020. Atherton Construction & Development, Inc Agenda Item 8 Page 4 Proposed Boundary To Be Removed _ -- .... _. . .. . - . , . , . . . - • „ . . ...,• _ •_ . . • - - . e, - ... \ , 111%-.;<- , ...... i. .- . ,• .. _. ...• , . ..---. , ., • • - ... s. , _.-- - , • OW - . ..• ' • -.:....----- . -.. • . • , 0 ' - •- i 1 ' ' ..--,..% _$ ... .. .'4%4 -' • • , --"- . . V.1"' 4 . '' • ., • -4.-:', * - . * - - -.r• ,,, %• ' ,./.'` 's!k 5111:1“:" ' ' 1 • At, -70 , • - ., - fa:• -- lir ?, ,... . . . • -' .......„ . I. • .. . - . , . .--., 0-- - . .. . ,. • .._ . ,. (------: , • L___t•-. , -`clfr ‘ ‘ .4•11)-. • - ,t • . •-I - ' ft- "1..1; ,.., • • • • ''eNt ., . - Ito 11, • . 0 . ,..- , .... ere----•-• , • , t„, --.. "..'12* i 10,' - .‘4, 4.2.11. . ..... • ' ' --am .sr A.... 4.:1, 'ro.... t•i .....,,,,r1 . . . . .r...., • ‘'`' "e••erAii. • • - . .,_. ... , .1 . ..•-•••%LAI, `--- ••••••••• . , , . ...•••• •: '•••,...:.;..0,..`!', 1'irr .7 N• + ' • -... Atherton Construction & Development, Inc Agenda Item 8 Page 5 Conceptutual Plan — New Retail Development 4 U fi 2 g r---J --' Y\ ity C.II • ay \ / R Q it iIl E: F 1 ____) ICIF:Thr t ,‘\ _ RyT H \ EZ\— H \ 1 I! r• �i J. co P ii iti,. sI1 �" :RE+�Q ? r 1 a ,:i:I ,, , "TN' 2 II • w 'lip ' r i �- 1 R I � �� J; ' ills al h. i . - 0 I i - l. Ill— --7`io i u' u o - .* 111 I Fs Q tu Ca a \ � / p 'off zQ . . % / $ mUU-J d \ -C `- a Vz \ - ) - Atherton Construction & Development, Inc Agenda Item 8 Page 6 Site Photo •---.-:.:-, Iti, Rs _ a .. Y a f; ri. • Atherton Construction & Development, Inc Agenda Item 8 Page 7 Disclosure Statement Disclosure Statement City of Viryit iu Balch 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 Atherton Construction&Development,Inc Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. Parker Burnell Real Estate Group 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) Thomas H. Atherton, III Lynn M.Duffee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) No "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. 11 Atherton Construction & Development, Inc Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement 'NB - -"" --= - Cay of Virginia Balch 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 I 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? U1 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? NI Yes ❑ No • If yes,identify the real estate broker/realtor. Parker Burnell Real Estate 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 D No • If yes,identify the firm or individual providing the service. Pat Yockey 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?I'Yes D No • If yes,identify the firm or individual providing the service. Kerry Finley,Finley Design 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. 2I Atherton Construction & Development, Inc Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement C1ty crJ Vuvinia!Ruch 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?NE Yes 0 No • If yes,identify the construction contractor. Atherton Construction and Development,Inc. 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. Draper Aden Associates 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. Jeffery L.Nuckolls;Basnight Kinser(Seller's Attorney) 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 Thomas H.Atherton;Managing Member Pnnt Name and-Titre 10/08/2020 Date Is the applicant also the owner of the subject property? ❑Yes I No Purchasing property; Signed Purchase Agreement Provided • 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 ® 12.18.2020 Print Name Hoa N.Dao 31 Atherton Construction & Development, Inc Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement N/I3 Cap of Virginia B,d, Planning&Community Developme r Owner Disclosure Owner Name Purchasing from Open Door Chapel,Inc Applicant Name Atherton Construction&Development, Inc Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Johan Anderson • 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?❑Yes U 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 Atherton Construction & Development, Inc Agenda Item 8 Page 11 Disclosure Statement L--- Disclosure Statement • ..,. . . City of Virginia Retch 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? ❑Yes II No • If 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? II Yes ❑ No • If yes,identify the real estate broker/realtor. Riddle Associates,Inc. 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 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. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the 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 I No • If yes,identify the engineer/surveyor/agent. 61 Atherton Construction & Development, Inc Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement A/33 City of Viryiniu Beath Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. Jeffery L.Nuckolls;Basnight Kinser 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 Thomas H.Atherton,Ill,Managing Member Print Name and Title 10/08/2020 Date 7I Atherton Construction & Development, Inc Agenda Item 8 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. Atherton Construction& Development, Inc Agenda Item 8 Page 14 Item # 8 Atherton Construction & Development, Inc. [Applicant & Contract Purchaser] Open Door Chapel, Inc. [Property Owner] Modification of Conditions (Religious Use) 3177 Virginia Beach Boulevard December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: The next item, item number eight Atherton Constructions for Modification of Conditions at 3177 Virginia Beach Boulevard. Is there an applicant available? No applicant available. Mr. Tajan: Give us one moment to make sure. Mr. Weiner: Okay. Mr. Tajan: It is being played real time in the other room, so, if you want to repeat it the applicant is available in the next room. Mr. Weiner: Yeah, no problem. Ms. Dozier: Thomas Atherton. Mr. Atherton is a virtual participant in today's meeting. Mr. Atherton if you could unmute your mic, and pause for three seconds, we will begin your speaking, go ahead and feel free to begin your comments. Mr. Atherton: This is Thomas Atherton. Can you hear me? The conditions are acceptable, and we appreciate the recommendation for approval. Mr. Weiner: Is there any opposition to this being placed on the Consent Agenda. Hearing none, Mr. Alcaraz has been asked to read this in the record, please. Mr. Alcaraz: Thank you. Agenda item number 8 at 3177 Virginia Beach Boulevard, is zoned B2 Community Business and is located within Lynnhaven Strategic Growth Area. The applicant seeks to modify the boundary of the site that is associated with the Conditional Use Permit for Religious Use that was granted by City Council in 1978. The applicant seeks to allocate almost one-acre of the northern portion of the property in order for redevelopment 1 of the site for retail. The concept submitted depicts the area as a new parking lot for a new retail development that can be constructed with the B2 Community District as a matter of right. The remaining 6.2 acres exceeds the minimum 3-acre requirement for freestanding church and the removal the acreage leaves 286 parking spaces which exceeds the requirements. Based on these considerations the Planning Commission has recommended approval for this request subject to the conditions and the Staff report and we have placed it on a Consent Agenda. Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda if these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. Ms. Porter: Commissioner Coston is absent. Commissioner Graham. 2 Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 CONDITIONS: 1. All conditions attached to the Conditional Use Permit granted on January 16, 1978 are hereby deleted and superseded by the following conditions. 2. Prior to site plan approval for the redevelopment of the property to the north that depicts the 0.58-acre portion of the church's property to be incorporated into that site as a parking lot, the applicant/owner shall submit a subdivision plat to the Department of Planning & Community Development for review, approval, and recordation. 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 Hoa N. Dao From: Alex Bell <abell@bbnorfolk.com> Sent: Tuesday, December 1, 2020 11:12 AM To: Hoa N. Dao Cc: John Wilson;Clay Robertson Subject: Atherton Construction & Dev GPIN 1497041957 Attachments: GPIN 1497041957 Atherton Construction.pdf 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. On behalf of Wilson Bell Properties LLC located at 3213 Virginia Beach Blvd we approve of the plans submitted per the attached letter received in our offices. The three partners of Wilson Bell Properties LLC are Alex Bell,John Wilson, and Clay Robertson.John Wilson and Clay Robertson are copied on this email. This project will greatly improve the area with the extended shopping center being planned for this area. Should you have any questions, please let me know. Thank you. Alex H. Bell, II, CIC, LUTC Executive Client Advisor abell@bbnorfolk.com O (757) 941-4841 I C (757) 472-9567 I F (757) 340-1035 Brown & Brown Insurance Agency of Virginia, Inc. (NYSE: BRO) dba WBR Insurance Agency,LLC 3213 Virginia Beach Blvd. Virginia Beach, VA 23452 Great Place To Work Certified .„.A0»„O2 O • CORONAVIRUS '�;: COVID-19 Resource Portal• x ...- Please be advised that any and all information, comments, analysis, and/or recommendations set forth above relative to the possible impact of COVID-19 on potential insurance coverage or other policy implications are intended solely for informational purposes and should not be relied upon as legal advice. As an insurance broker, we have no authority to make coverage decisions as that ability rests solely with the issuing carrier. Therefore, all claims should be submitted to the carrier for evaluation. The positions expressed herein are opinions only and are not to be construed as any form of guarantee or warrantee. Finally, given the extremely dynamic and rapidly evolving COVID-19 situation, comments above do not take into account any applicable pending or future legislation introduced with the intent to override. alter or amend current policy language. 1 '.p 0 aI Rio Cat CC) co co J CO 00 lI41°.-\\-\\L'.\' V o co 1CV 0 0 N- j 1c6C1(2161C151.)::1;n1:1c4 o �Ny �, �4 QN o M0 �a N�C ------ )1 N ciD - CO - 8 O -7,\-' .\ .,., -- - f 0 , oO '�� 8 ��w41\l' i 1:1‘, 1 r \ �t , \ ,_ �\ e 1 J � Vt% � 1. O o .\' In 116 ��'■ , N m.o. d = V+ .— L. Ln \\n, ' -7 " *-1-'13 'I.- "Ill few IVItitlik\ e hi 1111114 - *I: \14 n Ntitia o p \ 0 ° ,,,---0411, '10,--.. —CC ', f;"-"i. --Ce \ c-/cil"-- -Lf/tr I • Ce -m.„ -ow - . r- ---,\‘-- C ' _ c iCtli 8% F1- iiiiv‘. 1M ii . - , i u .. CU 3 rsi 'i o V / ^^ LL �s �` o �I _Ia , -t m F N N O O ca �f (n d N CL CO- 1 t0 , _ _ 0 ', g�`Nu ‘ psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] WILDWOOD PARK, LLL [Property Owner] Conditional Change of Zoning (B-2 Community Business District to Conditional A-24 Apartment District) for the property located at 925 S. Military Highway (GPIN 1456048084). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: January 5, 2021 • Background: The applicant is requesting to rezone a 9.45-acre parcel from B-2 Community Business to Conditional A-24 Apartment District to redevelop the property with a 220-unit apartment community. The 9.45-acre property located within the Suburban Focus Area 8 — Military Highway Corridor is currently developed with five buildings and a large storage area all occupied by a general contractor. In fact, the majority of the property is used for the maintenance and storage of heavy construction equipment. All buildings and storage areas associated with the existing business will be removed in conjunction with the proposed redevelopment of the site. There is an existing communication tower on the property that will remain on-site. The proffered concept plan depicts five new apartment buildings. Two buildings will be three-stories and three will be four stories. A one-story clubhouse and outdoor swimming pool, and a stormwater management facility are also depicted. The proposed internal circulation pattern reflects a traditional suburban layout with drive aisles lined with street trees, pedestrian lights, and sidewalks. The proposed 408 parking spaces depicted on the plan exceed the minimum parking requirement by 10 spaces. The proffered building elevations depict a contemporary design with masonry veneer and cast stone accents, fiber cement panel siding, and stucco accents. The one-story clubhouse located at the center of the development is proffered to be of a similar design and building materials. • Considerations: The Comprehensive Plan specifically notes that "New and redeveloped uses [within the Military Highway Corridor] should improve the aesthetic of this corridor through high quality building design, signage, and landscaping." In Staff's view and the Planning Commission concurred, the redevelopment proposal will improve the aesthetics for the area, particularly for adjacent to the site and traveling along S. Franklin Johnston Group Management & Development, LLC Page 2 of 2 Military Highway. The proposed Landscape Plan depicts the required 10-foot wide Category IV buffer (a mix of evergreen trees and shrubs) along the northern and western property lines abutting residentially-zoning parcels. Streetscape plantings along S. Military Highway and interior parking and building foundation plantings are also proposed as required. The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. It is anticipated that the traffic generated by the apartments will result in fewer average daily trips than what could potentially be developed as a matter of right under the B-2 Community Business District zoning. Based on this, while the average daily trips will increase, the proposal will be less intensive and impactful on surrounding properties than if the site was redeveloped with a retail or other high traffic generation use allowed by-right. The addition of a right turn lane, as depicted on the proffered plan, will lessen the effect of the turning vehicles on the flow of traffic on S. Military Highway. As required, a stormwater management facility is proposed to capture and treat the stormwater runoff from this project. According to the applicant, the anticipated solution will consist of a combination of wet ponds, underground detention facilities, manufactured treatment devices, filtering practices and/or the purchase of nutrient credits. This approach will be reviewed in more detail during the final site plan review process. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On December 9, 2020, the Planning Commission placed this application on the Consent Agenda, recommending approval with by a recorded vote of 9-0. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6- ' City Manager: 'P� Applicant Franklin Johnston Group Management & Agenda Item Development, LLC Property Owner Wildwood Park, LLC Acyxyof Planning Commission Public Hearing December 9, 2020 Virginia Beach City Council Election District Kempsville Request Conditional Rezoning(B-2 Community Business District to Conditional A-24 Apartment District) iss.„..........4_,\ Shy Noun Avenue "Ilk o Y 4 ven,,e o K /nd. o Staff Recommendation t J°a, E,a E o N,n,, 'tea Approval o n''° ""." a S Staff Planner "NOW ' Marchelle Coleman is. Location \ : 925 S. Military Highway ' e 6a ,� GPIN 4' IV4rewe Oq,,, y s 1456048084 Site Size eih,m NA g 9.45 acres 446"'n Orye wr 1...,,e AICUZ tct (--,, / t� Less than 65 dB DNL Watershed Chesapeake Bay • 4P Existing Land Use and Zoning District Office, bulk storage yard, communications :, tower/B-2 Community Business "+ra h. Surrounding Land Uses and Zoning Districts ` ;t,L z w ,. .� -- ; North t Auto collision center/B-2 Community Business - ,,r South , '� rL Auto sales, nursery/B-2 Community Business =- 4" ;:i v r. East ;1.1.�! K4� S. Military Highway ' c -1 1 Yg Auto sales, multi-familydwellings /B-2 '�« t , Community Business,A-12 Apartment f West jj1I4I ,. - . Single-family dwellings/R-5D Residential Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone a 9.45-acre parcel from B-2 Community Business to Conditional A-24 Apartment District to redevelop the property with a 220-unit multi-family residential community. • The 9.45-acre property is located within the Suburban Focus Area 8—Military Highway Corridor and is currently developed with five buildings occupied by a general contractor.These include an office building,a shop building, a storage building, a garage area,and a training building,along with some lean-to storage sheds. In addition,the majority of the property is used for parking and storing of equipment. All of these buildings and the uses associated with them will be removed in conjunction with the proposed redevelopment of the site.There is an existing communication tower on the property; however,the communication tower will remain on the site. • This site is also located in the Resource Management Area (RMA),with the western portion of the site within the Resource Protection Area (RPA). Per the Chesapeake Bay Preservation Area (CBPA)Ordinance,this proposal is considered a redevelopment of the site,as there is no increase in the amount of impervious cover, no further encroachment within the Resource Protection Area,and the redevelopment will conform to the applicable erosion and sediment control criteria set for in Chapter 30 and the stormwater management criteria set forth in the Stormwater Management Ordinance(Appendix D). • The submitted Conceptual Layout depicts five multi-family buildings,3 four-story buildings and 2 three-story buildings,a one-story clubhouse building, outdoor swimming pool,and one stormwater management facility.The proposed internal circulation pattern reflects a traditional suburban layout with drive aisles lined with street trees, pedestrian lights,and sidewalks.The proposed 408 parking spaces depicted on the Conceptual Layout exceed the minimum parking requirement by 10 spaces. • The building elevations,depicted on page 10 of this report,depict a contemporary design with masonry veneer and cast stone accents,fiber cement panel siding,and stucco accents.The one-story clubhouse located at the center of the development is proffered to be of a similar design and building materials. • The proposed Landscape Plan,on page nine of this report, depicts the required 10-foot wide Category IV buffer along the northern and western property lines abutting residential zoning. Category IV plantings include a mix of evergreen trees and shrubs. Streetscape plantings along S. Military Highway and interior parking and building foundation plantings are also proposed as required.The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however,a more detailed review of all screening and planting requirements will occur during final site plan review. • A Phase I Environmental Site Assessment was provided by Meridian Environmental Co., dated June 9, 2020.There have been some environmental conditions identified on the site. As stated previously,the site is currently developed with a general contracting business with operations related to storage and maintenance of heavy equipment for construction.The applicant will need to mitigate these conditions to redevelop this site. Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 2 Zoning History # Request Tip? r' .. 'K =t -off Jul; r / l 1 CUP(Communication Tower)Approved 12/09/2014 o r o�s; . L °a , •,, 0a 2 MOD Approved 03/24/2009 t•' `r �' ,�,-. a`----p �^ / ` �' CRZ(A-24 to Conditional B-2)Approved 03/24/2009 �• , c- i 3 CRZ(B-2 to Conditional A-24)Approved 10/09/2007 ka a,a r�air7 ;�' i o� ; . �A ' CUP(Recreation Facility of an Outdoor Nature) .1 /�/ 1 ci' Approved 06/13/1995 '* t, .. , ' ,�i j%' q CUP(Recreational Facility of an Outdoor Nature) . .y�y. �r. 4. ,(1, E I.Mote f Approved 02/11/1992 1; 6 l • 0 j r 4 CUP(Single Room Occupancy Facility)Approved '� /// 02/27/2007 I'R D, 12. f � REZ(B-2 to A-12)Approved 02/27/2007 Sun A" ir ' ...,,, �.. �ra��b`pO 5 CUP(Motor Vehicle Sales,Service,and Bulk Storage) '•, !�«; a `j 8. . Approved 11/14/2006 z •>l Alf, 6 CUP(Church Additions)Approved 01/23/2000 "'„oft-,6 �� 7 CUP(Auto Auctions)Approved 11/26/1996 _.d pow %$•Y I ftkzr_ 8 CUP(Automobile Repair Garage)Approved 10/17/1995 9 CUP(Church)Approved 06/08/1993 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance LUP-Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation & Recommendation The proposed rezoning for the construction of up to 220 multi-family units, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Focus Area 8—Military Highway Corridor. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings,and effective buffering.The Comprehensive Plan specifically notes that"New and redeveloped uses should improve the aesthetic of this corridor through high quality building design,signage,and landscaping." In Staff's view and in conformance with the Comprehensive Plan,the redevelopment of the property with a multi-family residential community, particularly the removal of the existing equipment storage areas,will improve the aesthetics for the adjoining property owners and those traveling along S. Military Highway.The site is currently developed with a general contracting business that does not provide an aesthetic appeal for adjoining property owners.Thorough consideration has been given to the site layout to allow for ease of site circulation and emergency apparatus access. The submitted Landscape Plan has been reviewed by Staff and appears to meet the requirements of the Zoning Ordinance.The Category IV, 10-foot wide buffer will aide in providing screening to the neighboring residentially-zoned properties to the north and to the west.The proposed buildings on site have been positioned as far away from the adjoining property owners as possible,situating the parking lot closer to the adjoining properties with the required landscape screening.The distance from the parking lot to the nearest single-family dwelling is approximately 95 feet. Undeniably there will be impacts during and after construction to the surrounding property owners; however,the applicant has tailored the site layout in the best interest of the adjoining property owners by moving buildings away from the property line and installing proper landscape buffer screening.As mentioned previously,the landscaping and screening requirements will be reviewed in greater detail during final site plan review.As proposed,the development exceeds the minimum parking requirement by 10 parking spaces.There should be no overflow of vehicles onto the streets of the adjacent neighborhoods, as there is more than enough parking on site to accommodate residence and their guests. Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 3 Traffic Engineering Staff provided comments that the traffic generated by the multi-family development will result in fewer average daily trips than what could potentially be developed as a matter of right under the B-2 Community Business District zoning. Based on this,while the average daily trips will increase,the proposal will be less intensive and impactful on surrounding properties than if the site was redeveloped with a retail or other high traffic generation use allowed by-right. One vehicular ingress/egress will be provided along S. Military Highway. Based on Traffic Engineering's Staff review,a right turn lane will be required,as depicted on the site layout on page eight of this report.The projected number of vehicles turning right into this site during the peak hour is expected to warrant such an improvement.A right turn lane is required when there are 35 or more right turns in the peak hour of the development, and this development is expected to generate over 35 right turns in the PM peak hour. By adding the right turn lane, it will lessen the effect of the turning vehicles on the flow of traffic on S. Military Highway. As required,a stormwater management facility is proposed to capture and treat the stormwater runoff from this project.According to the applicant,the anticipated solution will consist of a combination of wet ponds, underground detention facilities, manufactured treatment devices,filtering practices and/or the purchase of nutrient credits.This approach will be reviewed in more detail during the final site plan review process. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school data indicates a student population above capacity.The 2.70%over capacity is within the acceptable utilization range of greater or less than 10%of optimum capacity. Based on this,the redevelopment proposal is not expected to negatively impact the current student enrollment. Based on the considerations above,Staff recommends approval of the rezoning request for the redevelopment of the site for up to 220 multi-family units subject to the submitted proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "New Multifamily Development,925 S.Military Highway",dated September 23,2020,and prepared by Cox,Kliewer&Company, P.0 (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property,when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevations 925 S. Military HWY Apartments", and dated October 7, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred twenty(220). Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 4 Proffer 4: Landscaping installed on the Property,when developed,shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group,entitled"Conceptual Landscape Plan,925 S. Military Highway,"and dated October 19,2020 (the"Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The community identification sign on the Property shall be a monument-style sign not exceeding eight(8)feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: The community clubhouse for this development shall be located substantially where shown on the Concept Plan. The design and building materials used for the community clubhouse will be compatible with the building materials and design of the multifamily residential buildings depicted on the Elevations. The final elevations of the community clubhouse will be subject to approval of the Planning Director. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being located within the Suburban Focus Area 8—Military Highway Corridor.This area includes both sides of Military Highway.The general pattern of land uses along this corridor has remained essentially unchanged for decades. North of Indian River Road,the western side of S. Military Highway consists of a low to medium density residential area and on the eastern side it largely consists of light industrial uses including auto and truck sales, rentals, repairs,outdoor storage,and warehousing.The land along S. Military Highway, south of Indian River Road, is zoned and used for commercial purposes. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design,signage, and landscaping. Natural & Cultural Resources Impacts The site is located in the Resource Management Area of the Chesapeake Bay watershed. The western portion of the property is impacted by the Chesapeake Bay Resource Protection Area buffer, as well as a Special Flood Hazard Area, but nothing significant that would impact this proposal. Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Military Highway 28,300 ADT1 55,500 ADT 1(LOS°"D") Existing Land Use 3—5,200 ADT Proposed Land Use —1,610 ADT 1Average Daily Trips gas defined by a typical use on a 3as defined by a 220 unit 4 LOS=Level of Service 9.40-acre lot in the B-2 zoning apartment complex district Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S. Military Highway in the vicinity of this application is considered a six-lane major urban arterial.The MTP proposes a divided facility within a 150-foot right-of-way.There are no roadway CIP projects planned for this area. Public Utility Impacts Water The site is currently connected to City water.There is an existing 10-inch City water main along S. Military Highway.The existing two-inch water meter may be used or upgraded to accommodate the proposed development. Sewer City gravity sanitary sewer is not readily available to the site.There is an existing 12-inch City sanitary sewer force main along S. Military Highway.The parcel is currently connected with a private pump station and private force main to the 12-inch City force main.The pump station can be used or replaced to provide sewage service to the parcel.The developer will need to pump their sewage to the City's pressurized system rather than the typical connection to a gravity collection system, which should have no effect on the surrounding properties. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Woodstock Elementary 693 students 675 students 20 students 20 students Kempsville Middle 765 students 842 students 9 students 9 students Tallwood High 1,853 students 2,392 students 10 students 10 students 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant sent letters to the surrounding property owners informing them of the details of the request.The applicant's representative met with the President of the Queen City Civic League and the owners of the properties located to the north and south of the subject property and there were no objections raised.The applicant is in the process of reaching out to the residents along Towanda Road that border the northern portion of the subject property. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. Franklin Johnston Group Management&Development, LLC Agenda Item 1 Page 6 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020 and November 29, 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 November 23, 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 December 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesday, December 22, 2020 and in the Virginian-Pilot Beacon Sunday, December 27, 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 December 21, 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 December 31, 2020. Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 7 Proposed Site Layout 1 1011 dMOHO NO.BNHOP NrIMN1/21d - It _ AVMHJIH Jl V..L11IW "S Sz6 / _ ---- -� 1N3WdO13A3a AllWV4-Il10W M3N / — r.. /. _— ,NOlSNHOf h; ^N.rJ-i mi/— I j �, / a o g Az§ : m 0 i si ;:; i R s ill o iR it '` - gip ia ' a r _ £ :x Ij ii P'S 8 N ��/ , ,,4\‘‘ - -- /4#11k41111k/..e...,,/ , ,441 t 011111, \ / go M144./ 4.14alyir. 10\:.11, .. / go so. ilA.3,,,, . i ,4%.144sr it Ilp \ /; ,*. is . ;r4t, ) 'y 10/1..r.7", .,.... . 4 AL -.00"----- NO itillit\\ • --- ,APPOIN1Sole. ,�'► Sri \ -1 ;1 Ti9ifi ls. ti \ k+ i \ / 1\ `t i nr,-s _—. 2.0,2...."--‘. �`� 1 j j ,.. 141 \_, its I N Ii!k 0 ‘ \ A , \ , --. -.4... Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 8 Proposed Landscape Plan f -- 2 • , •S O Z }'l f I/•... , ,,,. \ 'Aillb (4;!1 '''• 4.;.Z ' :41Z- 14‘,, / . 6', ''''Z--'4 4 ' _Pt \ - ,.4..,- -,. r. ----•- . ,ti © "�_.. «, , , 1, :,. - : v c cit.,.....„........,._. _,_._ ". f Z Q 0 w N O N , ,. Ri 't 5 " U) o U -1111 �F r 0 Z Q Y J l s P i 5- i x � Y7 5LL . E , l aQ J 5l gS W a 5 ? , J 11Li5 iVi2 HIV i r) 0 � O C Z 00000GGOG ' • • • a U N Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 9 Proposed Elevation Plan •- _. i i 1 -77,7, 1 .c....: / f 1 - I I • -- ;r:.±:-...' '. •r r 1 I. mi . IS -n 1 0 Lud 11 I tr ' - - - II allell= . cf) 1-- , Aini Z LLJ III. 2 I— IY < ..... LI LI 11-.1 "__ < Ifili. ill ›- 1, .1-- -•i• - .f.--7:: >-- rz , < 21 = • i — iii: ,! 1 _ v) __, LC) CNI ..:- --- ,.:-. m 111L , I -- 3 ( 1 - E: ,— ;— - imi 1, i__ ..9.- z 0 1--- LO Z = c:_,-.) Z :=J 0, CM 0 747—: .Y 0. (3 M > ' a 0 , .:1,--:,s,•'. °-.6.1_1‘'.1',-.71--------':,; Z 0 ao - F FL ,3 i , I Q. Q) ; i \A 0 Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 10 Site Photos f • •7, • . TER • 4. antra ! • t wr. 74 ,+dry .•+. . c _'. + COW i,- y _ sr x ' a Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 11 Site Photos Vs., S.�tp� 4 k e {i 4r �ii�_____ray w,5,`.f-`. ' ;.--- ir ' J -a ,,,,,,., ,..... . , ,_, , _ UP '' — 'eau "! L . .�.:,. ,. • Q` i • `i h Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 12 Disclosure Statement Disclosure Statement cv'eJYvyui*WI 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 Franklin Johnston Group Management&Development,LLC Does the applicant have a representative? •Yes ❑No • If yes,list the name of the representative. Robert P.Beaman III,Esq.-Troutman Pepper Hamilton Sanders LLP 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) Please see attached. • if yes,list the businesses that have a parent subsidiary'or affiliated business entity2 relationship with the appiicant. (Attach a list if necessary) Please see attached. '"Parent-subsidiary relationship"means"a relationshp 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 relat onship"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( i)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101 1 ) Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 13 Disclosure Statement Disclosure StatementV13 �v4 8 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-collateralication,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? lill Yes ❑ No • If yes,identify the real estate broker/realtor. Thalhimer 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 U 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?U Yes ❑ No • If yes,identify the firm or individua,providing the service. Cox,Kiiewer&Company,P.C. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U No • If yes,identify the purchaser and purchaser's service providers. 21 ' Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 14 Disclosure Statement Disclosure Statement \13 CLa of Virginia&oda • 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 IN 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?II YeS ❑No • If yes,identify the engineer/surveyor/agent. Timmons Group 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. Troutman Pepper Ftamilton Sanders t1P Applicant Signature I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature PP -=iY,n% h^. Sawn", Print Name and Title _ 1aa Date Is the applicant also the owner of the subject property? 0 Yes II 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 pertairs to the applications ® Nochangessef oete 12/17/2020 signature m"(_��/ Print Name AS PER THE APPLICANT,THERE ARE Marchelle L.Coleman NO ANTICIPATED CHANGES BEFORE THE JAN 5TH CC PUBLIC HEARING Date:12/17/2020 MLC 31 Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 15 Disclosure Statement Disclosure Statement \113 t u;,,q{'MO,6erA Planning&Community Development Owner Disclosure Owner Name Wildwood Park,L.L.C. Applicant Name Franklin Johnston Group Management&Development,LLC 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) Sole Member-The Branch Group,Inc. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) The Branch Group,Inc. 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? 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 entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101, 5( Page Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 16 Disclosure Statement 0 Disclosure Statement City of lavinita Beall 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? ❑Yes ■No • If yes,identify the financial Institutions. 2. Does the Owner have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? •Yes ❑No • If yes,identify the real estate broker/realtor. Thalhimer 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?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?❑Yes al 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 ®No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/went 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 engineer/surveyor/agent. 61 p.,;; Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 17 Disclosure Statement Pit Disclosure Statement Nk3 uy aJ 11Tvrat&OA 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 IC 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 Ronald Oakley,CEO Print Name and Title November 13,2020 Date 71Page Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 18 Disclosure Statement Conditional Use Permit Application of Franklin Johnston Group Management&Development,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers,directors, members, trustees,partners,etc.,below: 1. Applicant's Name: Franklin Johnston Group Management&Development,LLC 2. Managers of Franklin Johnston Group Management&Development,LLC: a. Wendell C.Franklin b. W,Taylor Franklin c. Thomas M.Johnston 3 Members of Franklin Johnston Group Management&Development,LLC: a. Beach One,LLC b. Stephen W.Cooper c. Johnston Family Group,LLC d. Chris McKee (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. F&J Developers,LLC b. Shorehaven Developers,LLC c. Pickett Farms Developers,LLC d. GreenPlain Properties,LLC e. Aquia Apts.,LLC f. Aquia GP,LLC g. Aquia Developers,LLC h. Kellingwood Apartments,LLC i. Franklin Johnston Associates,LLC j. Southern Pine One,LLC k. Quill Developers,LLC 1. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts.LP q. BelleHarbour GP,LLC r. Fountain Park Apts LP s. Fountain Park GP,LLC t. South Riding II LP u. South Riding II GP,LLC v. SLN 5100 LP w. SLN 5100 GP,LLC x. Heritage Forrest II GP,LLC y. I Square Apartments LP z. I Square Apts.,LP aa. Edward Street LLC 1 101 7627911 243538.00008D Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 19 Disclosure Statement bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,LLC ee. Pickett Farms Apts LP ff, Pickett Farms GP,LLC gg. Quill GP,LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP jj. Shorehaven GP,LLC kk. Southwind Apts LP II. Southwind GP,LLC mm. Spring Water,LLC nn. Summerland Heights LP oo. Summerland Heights GP,LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC rr. TFJG Price Street Apts.I,LP ss. TFJG Price Street GP I,LLC tt. FS Renaissance III,LLC uu. Renaissance Apts.GP I,LLC vv. Renaissance Apts.GP II,LLC ww. Renaissance Apts.III,LLC xx. Renaissance I Developers,LLC yy. Renaissance II Developers,LLC zz. Renaissance Apts. I,L.P. aaa. Renaissance Apts.II,L.P. bbb. TFJG Wesleyan Holdings,LLC ccc. TFJG Wesleyan Developers,LLC ddd. TFJGWesleyan,LLC eee. TFJG Price Street Apts.II,LP fff. TFJG Price Street GP II,LLC ggg. Clairmont Associates I,LP hhh. Clairmont Associates II,LP iii. Clairmont Associates I GP,LLC jjj. Clairmont Associates GP II,LLC kkk. Franklin Asset Management Ill. Curlew Apts.I.,LP mmm. Curlew Apts.GP I,LLC nnn. Summerland Heights II,LP 000. Summerland Heights II GP,LLC 110176279v)243538.000080 Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 20 Disclosure Statement THE BRANCH GROUP,INC. SPECIAL MEETING FOR WILDWOOD PARK,L.L.C. A meeting of Wildwood Park,L.L.C.members took place on July 1,2020 at the office of The Branch Group,Inc.located at 442 Rutherford Avenue,Roanoke,VA 24-16. Present were Robert W.Wills,Julie Beth Vipperman representing The Branch Group,Inc.and Branch Civil, Inc. The purpose of the meeting was to elect Ronald Oakley as Manager of the Wildwood Park,L.L.C.,succeeding J.William Karbach. Under Article 7-7.01 states the following: Manager. Subject to and limited by the express provisions of this Agreement, including Article 7.03(B),the Manager shall have full,exclusive and complete authority,discretion,obligation and responsibility with respect to the business of the Company,shall oversee the day-to-day affairs of the Company,and shall make all decisions and take all actions with respect thereto,which decisions and actions shall be binding upon the Company. IN WITNESS WHEREOF,this document has been executed as of the 1 a day of July 2020. BRANCH CIVIL,INC.. THE BRANCH GROUP.INC. By. DC By: C% Ronald Oakley,Chief Executive Officer Ronald Oakley,Chief Executive Officer By. t)A. By: --t"�• 4104, obert W.Wills,Chief Financial Officer obert W.Wills,Chief Financial Officer By: '�'-c By; ( f Julie Beth Vipperman,Secretary Julie Beth Vippernan,Secretary Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 21 Disclosure Statement THE BRANCH GROUP,INC. UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS The undersigned,being directors of The Branch Group,Inc.,do hereby authorize, approve,and consent to the adoption of the following resolution without a meeting.The following persons were present by phone or in person at The Branch Group,Inc.office 442 Rutherford Avenue,Roanoke VA on July 15`,2020. Ronald W.Oakley Chairman Robert W.Wills CFO Julie Beth Vipperman Secretary James S.Frantz Director Mike Espeset Director Greg Whirley Director Lawrence Dickenson Director BE IT RESOLVED THAT the following individual is hereby elected as the Interim Chief Executive Officer(CEO)of the Corporation who shall serve until a successor is duly elected and qualified by the board. Ronald W.Oakley BE IT FURTHER RESOLVED THAT the above-named officer is authorized to enter into any and all contracts and agreements with the scope of responsibilities of The Branch Group,Inc.and its entities. IN WITNESS WHEREOF,this consent has been executed this 1st day of July 2020. Pfi44%,'' It) 414#0 Robert W.Wills uT Beth i �nan Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 22 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. Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 23 Prepared by: Robert P.Beaman III,Esq. (VSB No. 74668) Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 AGREEMENT • may , THIS AGREEMENT (this "Agreement"), made this CP\day of 2020, by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DE LOPMENT, LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); WILDWOOD PARK, L.L.C., a Virginia limited liability company ("Wildwood", and to be indexed as grantor) (FJG and Wildwood hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Wildwood is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN 1456-04-8084-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, FJG is the current contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional A-24; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-24 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-24 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN: 1477-51-7149-0000 110205547v3 WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "New Multifamily Development, 925 S. Military Highway", dated September 23, 2020, and prepared by Cox, Kliewer & Company, P.0 (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevations 925 S. Military HWY Apartments", and dated October 7, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred twenty (220). 4. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "Conceptual Landscape Plan, 925 S. Military Highway", and dated October 19, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia 110205547v3 2 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN JOHNSTON GROUP MANAGEMENT& DEVELOPMENT,LLC, a Virginia limited liability company // ( / By: � Name: „._. Title: 1)744.7 STATE/COMMONWEALTH OF CITY/COUNTY OF //iit, ,to-wit: The foregoing instrument was sworn to and acknowledged before me this day of -.--)(43felltbet, 2020, by - FP-fkit?, in his capacity as Manager of Franklin Johnston oup Management & Develo ent, LLC, a Virginia limited liability company. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this'day of f' K2020. 6/1911410- leigiae.",- altit-?/1 Notary Public (SEAL) My Commission Expires: 10I ) �Da3 1r'•No Maureen Public�)'i'aes Registration Number: "l ?O 3 #7069820 g _ Coa monweakb of V _•, 110205547v1 243538.000080 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WJLDWOOD PARK,L.L.C., a Virginia limited liability company AA/06467 By: Name: Ronald W.Oakley Title: Manager • STATE/COMMONWE TH OF VI roil n la. C /COUNTY OF Ro v k e_, J ,to-wit: 4" The foregoing instrument was sworn to and acknowledged before me this 2.t day of r h , 2020, by Qcnglc. Lk) Oakley e , as 4,4 of Wildwood Park, L.L.C., a Virginia limited liability company. S/Hb is either persona own to me or has produced as identification. Witness my hand and official stamp or seal this 29 day of Ff " . ,20 „nmuurrnr, _�S 14/A • Notary Pub 4 Co)Tri EXPIRES = 2/28/2022 y My Commission Expires: Oa o�1s (9ø a a44' 4 TH o pmmmn,q Registration Number: "1'1 f p NO 110205547v1 243538.000080 5 EXHIBIT A Legal Description ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto, situate, lying and being on the westerly side of the Military Highway (U.S. Route 13), in Kempsville Magisterial District of Princess Anne County, Virginia, and designated as 12.3, more or less, acres, more particularly described as follows: COMMENCING at a pin in the westerly line of Military Highway which point is 839.8 feet from the northerly side of Providence Road, as measured along the Western side of said Military Highway and running from said point of beginning along the westerly line of said Military Highway North 30 degrees 28 minutes 30 seconds East, a distance of 550 feet to a pin; thence North 17 degrees 42 minutes West, a distance of 422.7 feet to a pin in the center-line of a slough; thence along the center line of the slough South 55 degrees 24 minutes West a distance of 399.4 feet to a pin; thence continuing along the centerline of said slough South 86 degrees 16 minutes West a distance of 268.24 feet to a point; thence continuing along the center-line of said slough South 32 degrees 33 minutes West, a distance of 100 feet to a point; thence continuing along the center-line of said slough South 9 degrees 38 minutes West, a distance of 181.34 feet to a pin; thence continuing along the center-line of said slough South 00 degrees 47 minutes East, a distance of 285.11 feet to a pin in the center-line of a ravine; thence continuing along said ravine South 33 degrees 09 minutes West, a distance of 176.13 feet to a pipe; thence along said ravine South 36 degrees 38 minutes 30 seconds West, a distance of 108.58 feet to a pipe; thence North 77 degrees 46 minutes East, a distance of 704.84 feet to the point of beginning. LESS AND EXCEPT that portion of the property conveyed by recorded in Deed Book 681 at page 305. 110205547v3 6 Item # 1. Franklin Johnston Group Management & Development, LLC [Applicant] Wildwood Park, LLC [Owner] Conditional Change of Zoning (B-2 Community Business District to Conditional A-24 Apartment District) 925 S. Military Highway December 9, 2020 RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you, Madam Chair. We have seven items in total today on the Consent Agenda. First one is item number one, Franklin Johnston Group Management and Development, LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional A-24 Apartment District at 925 Military Highway. Can we have Mr. Beaman come on forward? Mr. Beaman: Thank you, Madam Chair, Mr. Vice Chair, and Members of the Commission for the record, my name is Rob Beaman. I am a Local Land Use Attorney at the Troutman Pepper Law Firm here today on behalf of the applicant Franklin Johnston Group. And, we have had a chance to read the conditions, they are acceptable and we certainly appreciate being on the consent today. Thank you. Mr. Weiner: Thank you, Sir. Is there any opposition to this being placed on the Consent Agenda. Hearing none, Mr. Redmond read this in record for us. Mr. Redmond: Thank you, Mr. Weiner. This is an application of Franklin Johnston Group Management and Development, LLC for a Conditional Rezoning from B-2 Community Business District to Conditional A-24 Apartment District. Specifically, this is a request to rezone a 9.45 acre parcel on South Military Highway for a multifamily residential use. It is an existing relatively urbanized corridor and surely there are some particular considerations that go with that. And, because it was an industrial site, it appears to be some small environmental concern which the applicant is well prepared to address. The plan depicts five, three story and four story multifamily buildings, one story clubhouse building, an outdoor swimming pool, and a stormwater facility. The landscape has a landscaping plan which so far appears to meet the City's guidelines, that of course like so many other 1 things is ultimately subject to final plan review. It is very appropriate development for this site, it is an improvement to this site, and it provides a need in housing, which is very deep within this community. The Staff supports it, we are unaware of any opposition and the Commission therefore approves it by consent. Thank you. Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda if these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before, I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. 2 Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 PROFFERS: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "New Multifamily Development, 925 S. Military Highway", dated September 23, 2020, and prepared by Cox, Kliewer& Company, P.0 (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevations 925 S. Military HWY Apartments", and dated October 7, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred twenty (220). Proffer 4: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "Conceptual Landscape Plan, 925 S. Military Highway," and dated October 19, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The community identification sign on the Property shall be a monument-style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will 4 be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: The community clubhouse for this development shall be located substantially where shown on the Concept Plan. The design and building materials used for the community clubhouse will be compatible with the building materials and design of the multifamily residential buildings depicted on the Elevations. The final elevations of the community clubhouse will be subject to approval of the Planning Director. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 5 -1. zi :: w z 4 ti 0 3 I � , / * ' 7- 1 N K ‘- Iin 0 iiifto / 0 J Ic\I O / --,---,„ ii, c:, Oci >, cu d v I It CCU 0 E F-7 0 ca 1:;,....\NN p 4 cc L____, 4_, = ________ . ( cp (D __ . , D i co) c,s .....______ ,n, ce) . ,---. , a) ___ _ ___ _____ .. / a ,. cn • y0 -mr-------."--1%. --------------- alr----- - -':,.s; , 7 sii------ ---- , ,ii l" / ce " nmoQINCQaYmO O 7 I: _ _ * d , - ,--, 0 ( 4Cl) 1' 4wr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCARLET DAWN WINDLEY [Applicant] JENNIFER WILLIAMS & BRANDON BULLOCK [Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) for the property located at 4933 Gulfstream Circle (GPIN 1466952301). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: January 5, 2021 • Background: The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for juvenile wildlife on a 11,420 square foot parcel zoned R-10 Residential District, located in the Lark Downs neighborhood. Specifically, the applicant proposes to provide emergency care for abandoned and injured infant squirrels, opossums and racoons on the property. No adult animals will be accepted or treated. No animals will be released at this location. • Considerations: For the last seven years, the applicant has held a license through the Virginia Department of Game and Inland Fisheries to rehabilitate orphaned and baby mammals. The applicant obtained a Conditional Use Permit in 2017 for this use at her previous residence of 3833 Jousting Arch in Virginia Beach. Animal Control noted that there were no reports of complaints associated with that home-based rehabilitation operation. While most activities will occur indoors, there is an existing six-foot tall privacy fence that will completely screened the outdoor cage from view of the right-of-way and adjacent properties. Animals will only be place in the outdoor cage for approximately two weeks, just prior to release. No animals will be released on-site and according to the application; all releases will occur on wooded lots in Hampton Roads with appropriate permission. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On December 9, 2020, the Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 9-0. 1 . The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. Scarlett Dawn Windley Page 2 of 2 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. • 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 6-e7 City Manager:MO Applicant Scarlet Dawn Windley Agenda Item NBProperty owners Jennifer Williams & Brandon Bullock Planning Commission Public Hearing December 9, 2020 City Council Election District Kempsville 4 Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 1 1 X '""` Staff Recommendation ; `'' T.,y .w°°dRaU Approval ° Staff Planner NNN_-NN:ffAji pc,,,, `'°ns4Kt Jonathan Sanders BrarydYw; „eo, , % %9a vC� Location Iiii .4rim , 4933 Gulfstream Circle * se' GPIN �a s 1466952301 `' g a \ Site Size B" ,w�n�cv‘ .,a a°°°D,, 11.420 square feet �•,4,! or,� p.,, ,,.,` bd �°ea AICUZ �ceROeu j 010,,,.. sw�Y Less than 65 dB DNL �/ , t'� / � °"�, :/\51 Watershed ILL l l Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts Pit North Gulfstream Circle Single-family dwelling / R-10 Residential South Single-family dwelling/ R-10 Residential East 4 Single-family dwelling/ R-10 Residential _, West Churchill Drive Single-family dwellings/R-10 Residential 0 Scarlet Dawn Windley Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for juvenile wildlife on a 11,420 square foot parcel zoned R-10 Residential District, located in the Lark Downs neighborhood. For the last seven years,she has held a license through the Virginia Department of Game and Inland Fisheries to rehabilitate orphaned and baby mammals.The applicant obtained a Conditional Use Permit in 2017 for this use at her previous residence of 3833 Jousting Arch in Virginia Beach. Animal Control noted that there were no reports of complaints associated with that home-based rehabilitation operation. • The applicant works closely with Evelyn's Wildlife Refuge in Suffolk,Virginia.This request is necessary for the applicant to provide emergency care for abandoned and injured infant squirrels, opossums and racoons on the property. No adult animals will be accepted or treated. The racoons will receive rabies vaccines at around 12 weeks old. • Animals will be kept indoors until two weeks before their planned release. At that time,they are transferred outdoors,within a proposed enclosed five-foot wide by 10-foot long by six-foot tall structure with a concrete floor in the southeast corner of the backyard that is entirely enclosed by a six-foot privacy fence. The proposed enclosure will meet the required five foot rear and side yard setbacks, as required by the Zoning Ordinance. • Animals will only be accepted by the applicant between the hours of 7:00 a.m.and 10:00 p.m. No animals will be released on-site and according to the application, all releases will occur on wooded lots in Hampton Roads with appropriate permission. tii / a; k10 c , R10J( (,. it/ ! ` / I i 04 r ! Lvt f R'g c ''^'crib No Zoning History To Report ® tLe gin$ 11 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Conditional Use Permit for a Home-Based Rehabilitation Facility on this site, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area for Home Occupations and home based businesses.Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of structures, and provide effective buffering with respect to surrounding uses.The proposed home-based wildlife rehabilitation use is in keeping Scarlet Dawn Wind ley Agenda Item 4 Page 2 with these policies,as the six-foot tall wood fence provides sufficient screening and buffering for the adjacent properties. Staff finds the property to be organized and well-kept,successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. The proposed outdoor cage will be completely screened from the view of the right-of-way and adjacent property owners. As mentioned above, no animals will be released at the site. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance(listed below)for Home- Based Wildlife Rehabilitation Facilities and Staff believes that this request adequately addresses these requirements. For the reasons stated above,Staff recommends approval of this application,subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game& Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure.Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. 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. Scarlet Dawn Wind ley Agenda Item 4 Page 3 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable,federal permits shall be kept in such a facility for more than twenty-four(24) hours.All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four(24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty(180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health,safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings,or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty(20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8)feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1)square foot in area,that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Scarlet Dawn Wind ley Agenda Item 4 Page 4 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. 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 Gulfstream Circle No Data Available No Data Available Existing Land Use 2-10 ADTI Proposed Land Use 3—10 ADT lAverage Daily Trips gas defined by a single-family 3 as defined by a single-family dwelling dwelling with wildlife rehab Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020 and November 29, 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 November 23, 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 December 3, 2020. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesday, December 22, 2020 and in the Virginian-Pilot Beacon Sunday, December 27, 2020. Scarlet Dawn Windley Agenda Item 4 Page 5 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on December 21, 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 December 31, 2020. Scarlet Dawn Windley Agenda Item 4 Page 6 Proposed Site Layout —~11' Scarlet Dawn Windley Concept Plan • • ' e _ November 2020 +r ,, '" i / 4111147—. r:.4) *1 '"' e'l .-g 1 ' _ 4„.„,„ 4114, , ._. Shed •Y. • 6-foot privacy fe ce SR . i atilt Proposed 5-foot by 10-foot ;:` ' : -°, ' -` outdoor enclosure - Yam, i ,r Scarlet Dawn Windley Agenda Item 4 Page 7 Proposed Outdoor Enclosure --,.Igaa n1111I111111111 �.."-- 11111!!! .�i I i iiii ii, 1ry kiln Pill Ij !!I ...� ,a,A iiiiiIiIU1I1IiI nI I1I1III _IliP�l1ill !! i [I • lSI 111 I IINIU11I1■ I HI �� 11ff1, i>t1� 1 ! IIItllr.u��.. li ■ ■ 1 I 1 1 !!!!!, IiiI 1O!i 1�1) ��1�1♦r tau •-1tii 11111�""'1 111 iIll GS ail 1 iif 1111101 No 1 I homihmk". 001 I "MOW! 1 Scarlet Dawn Windley Agenda Item 4 Page 8 Site Photos • • • • — y _ 04 Limmi a is 1 - '.., 7- - .• ti. nC.�p a r t s • • ram., __ _ rr { If I Scarlet Dawn Windley Agenda Item 4 Page 9 Site Photo • .;,� s. y" . .•, 1 - S- �-- { it. 1. . 4 r 1 . ti n d S • .. a Scarlet Dawn Windley Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement City of Virginia Bade w ,�x 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 NameScarlet Dawn Windley Does the applicant have a representative? 0 Yes ®No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes NI 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. 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. 1 I P Scarlet Dawn Windley Agenda Item 4 Page 11 Disclosure Statement Disclosure Statement Atti3 n5C5* .. - .x 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?i Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Jennifer Williams,owner of the property 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 is 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?0 Yes II 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?0 Yes it No • If yes,identify the purchaser and purchaser's service providers. 21Page Scarlet Dawn Windley Agenda Item 4 Page 12 Disclosure Statement Disclosure Statement Cary r t"irtnnn Bauch . • „ 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?D Yes N 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 Illy 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?D Yes IR No • If yes,identify the name of the attorney or firm providing legal services. ApplicantSs gnature 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. { ( • l'�L a'x LJCW t Applicant Signature Scarlet Dawn Windley Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes 111 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 Nodrarg—sof °iti 2/17/2020 Signature 7Dfat air air as PrintName I Jonathan Sanders 31Page Scarlet Dawn Windley Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement \113 (Wy of vngoav B•Idi Planning&Community Development Owner Disclosure Owner Name Jennifer Williams Applicant Name Scarlet Dawn Windley Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes M 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-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 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? Jennifer Williams,owner of the property. 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. 5lPage Scarlet Dawn Windley Agenda Item 4 Page 14 Disclosure Statement Disclosure Statement Vi3 Car ET Virginia Dnnf, • 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? JYes El No • If yes,identify the financial institutions providing the service. Mr.Cooper Group,Inc. 2. Does the Owner have a real estate broker/agent/roaltor for current and anticipated future sales of the subject property? ❑Yes it No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the 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 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 a If yes,identify the firm and 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?0 Yes ®No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN No • If yes,identify the firm and Individual providing the service. Revised 11.09.2020 6 I Scarlet Dawn Wind ley Agenda Item 4 Page 15 Disclosure Statement Disclosure Statement A/13 Cny of\hyow Huai, 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 MI 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 Jennifer Williams owner Print Name and Title _ Sa p}rrr.hrr v28}20Z0 Date Scarlet Dawn Windley Agenda Item 4 Page 16 Disclosure Statement --Disclosure Statement V13 Planning&C;ommunit Development -' Owner Disclosure pp 11 Owner Name Rrc s ah BiA_[/bCk Applicant Name . l [1J,+.Lei 114 L-.,, Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?El Yes Ell No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?®Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? o_ owfief_ Afo.Kac _/ e;if emlp)oyre 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 focal Government Conflict of Interests Act,Va. Code§2.2 3101. 5IP., t. Scarlet Dawn Windley Agenda Item 4 Page 17 Disclosure Statement Disclosure Statement NE f air if Vtjie+9emh - 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? I Yes ❑No • If yes,identify the financial institutions providing the service. Mr.Cooper Group,Inc. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the 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 Owner have services from an architect/landscape architect/land planner u'ovided 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 and individual providing the service. 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. 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?D Yes ®No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Scarlet Dawn Windley Agenda Item 4 Page 18 Disclosure Statement Disclosure Statement 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?D Yes IX 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 burly or committee in connection with this application. Owner Signature r-. arartdior. B 11 oc>� Print Name and G .�" r Tide C ae ! 2-0 2-0 Date Scarlet Dawn Windley Agenda Item 4 Page 19 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. Scarlet Dawn Windley Agenda Item 4 Page 20 Item # 4 Scarlet Dawn Windley [Applicant] Brandon Bullock & Jennifer Williams [ Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 4933 Gulfstream Circle December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Redmond. Next is item number four, Scarlet Dawn Windley for Conditional Use Permit for Home-Based Wildlife Rehabilitation at 4933 Gulfstream Circle. Do we have an applicant available? Please come forward. Hi, welcome. Please state your name for the record. Ms. Windley: Scarlett Dawn Windley. Mr. Weiner: And are all the conditions acceptable. Ms. Windley: Yes, sir. Mr. Weiner: Thank you very much. Ms. Windley: Thank you. Mr. Weiner: You can sit down, thank you. Is there any opposition to this being placed on the Consent Agenda? Hearing none, Mr. Wall has been asked to read this to the record. Mr. Wall: Thank you, Mr. Weiner. This is a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility. The applicant is requesting for a home- based wildlife rehabilitation facility to provide emergency care for juvenile wildlife, located in the Lark Downs neighborhood. For the last seven years, she has held a license through Virginia Department of Game and Inland Fisheries to rehabilitate orphaned and baby mammals. The applicant obtains a Conditional Use Permit in 2017, for this use at her previous residence in Virginia Beach. Animal Control noted that there were no reports or complaints associated with her operation. The applicant works closely with the refuge in Suffolk. This request is necessary that for the applicant to provide emergency care for abandoned and injured infant 1 squirrels, opossums, and raccoons on the property. No adult animals will be accepted or treated. The raccoons will receive rabies vaccinations, at around 12 weeks old. Animals will be kept indoors until two weeks before their planned release. At that time they are transferred outdoors within a proposed enclosed 5-foot wide by 10-foot long by 6-foot tall structure with the concrete floor at the southeast corner of the backyard. That is entirely enclosed by a 6-foot privacy fence. The proposed enclosure will meet the required 5' rear and side yard setbacks as required by the Zoning Ordinance. No animals will be released on site and according to the application all releases will occur on wooded lots in Hampton Roads with appropriate permission. The applicant is amenable to the conditions. There is no opposition and Staff recommends approval. Therefore we have placed this item on the Consent Agenda. Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda if these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. 2 Mr. Barnes: Aye. Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE 3 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver AYE • Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 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 4 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 o v O zr / o illiti 417 . N cc 4/ ,_ ft,,,,, • „I ---- p `rnI1* , 13,1,. Io J,40,,,,,, , N-ii,,:: ;o . 09 iiiii . 00 0 oCD W ,(:/;7/ 0 O O N t N1,-) C Op (1011. . W *211111114* cNI all %- I' Vi! C4..,o .....ril 1 O O I:: Q ' :, , 11z ‘411111111 cs) .= O N 0 Q o J 0 CI 0 1 T J 0 .15 ' _ a iiit,' *if, ' i 0 El L ® �� !•, tit. i / / '�7 1 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: SHAWNDA M. BENTLEY [Applicant] ENOCH & SHAWNDA M. BENTLEY [Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) for the property located at 1204 Orkney Drive (GPIN 1476007405). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: January 5, 2021 • Background: The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for juvenile wildlife on the 25,032 square foot parcel zoned R-20 Residential District, located in the Bellamy Manor neighborhood. The applicant plans to provide emergency care for infant small mammals (squirrels and opossums), birds and waterfowl (orphaned ducklings and goslings). No rabies vector species will be kept on the premises. During the initial phase of rehabilitation, all wildlife will reside inside the existing garage within enclosures appropriately sized for the species. Prior to release, animals will be transitioned outdoors to an existing 10-foot by 16-foot accessory structure located behind a large hedge in the backyard. No animals will be released at this location. The outdoor enclosure is located 42 inches from the rear property line. Based on this encroachment into the five-foot rear yard setback, a deviation to the setback is requested. • Considerations: The applicant is a Category IV Wildlife Rehabilitator, as licensed with the Virginia Department of Game and Inland Fisheries. During the initial phase of rehabilitation, all wildlife will reside inside the existing garage within enclosures appropriately sized for the species. Prior to release, animals will be transitioned outdoors to an existing 10-foot by 16-foot accessory structure located behind a large hedge in the backyard. As noted above, no animals will be released on-site. The existing six- foot tall privacy fence completely screens the outdoor enclosure from view of the right-of-way and adjacent properties. Upon a site visit by Staff, the property appeared to be organized and well-kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhood noted in the Comprehensive Plan. 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. Shawnda M. Bentley Page 2 of 2 • Recommendation: On December 9, 2020, the Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 9-0. 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. The outdoor wildlife enclosure structure shall be located no closer than 42 inches from the rear property line as depicted on the exhibit entitled, "Shawnda Bentley Concept Layout," and dated November 2020. This location is a deviation to the five-foot setback required by the Zoning Ordinance. • 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 City Manager: V 0 Applicant Shawnda M. Bentley Agenda Item Property Owners Enoch & Shawnda M. Bentley 5 j' Planning Commission Public Hearing December 9, 2020 City Council Election District Kempsville Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) Staff Recommendation ()--7(/ Approval Staff Planner r c,w� ro Jonathan Sanders yoow,rs 5 x 4 s ° d Location J .� J 1204 Orkney Drive ��- f e I' �GPINQ I D° O 1476007405 tom'' / .P et Site Size \,04.Ct / p$ 25,034 square feet o" AICUZ / j/ dB DNL e.tNl Parkway Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/ R-20 Residential 1 sir Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-20 Residential South Single-family dwelling/ R-20 Residential East Single-family dwellings / R-20 Residential West _ y e ♦_ Orkney Drive Single-family dwellings/R-20 Residential j Shawnda M. Bentley Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for juvenile wildlife on the 25,032 square foot parcel zoned R-20 Residential District, located in the Bellamy Manor neighborhood. Animal Control noted that there were no reports of complaints associated with a home-based rehabilitation operation. • The applicant plans to provide emergency care for infant small mammals(squirrels and opossums), birds and waterfowl(orphaned ducklings and goslings). No rabies vector species will be kept on the premises. No animals will be released at the residence. • During the initial phase of rehabilitation,all wildlife will reside inside the existing garage within enclosures appropriately sized for the species. Prior to release,animals will be transitioned outdoors to an existing 10-foot by 16-foot accessory structure located behind a large hedge in the backyard. The structure is enclosed with a 1/2-inch steel hardware cloth that extends six inches below ground level and is located 42 inches from the rear property line. Based on this encroachment into the five foot rear yard setback, a deviation to the setback is requested. This structure is completely enclosed by a six-foot tall privacy fence. • According to the application,the applicant is a licensed Category IV Wildlife Rehabilitator with the Virginia Department of Game and Inland Fisheries and works under the supervision of a Category II Rehabilitator sponsor. , Aar 'ii ' s_r) R•y6 �ge. it it ,4t.. . Aar '`� + ,fir �► ' •� d c R•20 o. .R L �' / :'' c ,� Zoning History / �/ # Request 3 �`, 1 CUP(Home Occupation)Approved 01/24/1995 J � dt•td \" 2 CUP(Home Occupation)Approved 09/20/2016 4 iv - rr 11 . - 7. ., / • vigit . ,,___„,. - r . PO-NI ® ® e t Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Conditional Use Permit for a Home-Based Rehabilitation Facility on this site, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area for Home Occupations and home based businesses. Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of structures,and provide effective buffering with respect to surrounding uses.The proposed wildlife rehabilitation use is in keeping with these policies,as the six-foot tall wood fence provides sufficient screening and buffering for the adjacent properties. Staff finds the property to be organized and well-kept, successfully promoting the policies intended to ensure the Shawnda M. Bentley Agenda Item 5 Page 2 maintenance and sustainability of great neighborhoods. The outdoor enclosure is completely screened from the view of the right-of-way and adjacent property owners. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance(listed below)for Home- Based Wildlife Rehabilitation Facilities and Staff believes that this request adequately addresses these requirements. As mentioned above,the existing accessory structure that will house the animals encroaches into the five-foot rear setback by 18 inches. Staff supports the deviation to the setback requirement. Per Section 221(i)of the Zoning Ordinance,the City Council may approve the deviation. Staff recommends approval to the application subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure.Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. The outdoor wildlife enclosure structure shall be located no closer than 42 inches from the rear property line as depicted on the exhibit entitled, "Shawnda Bentley Concept Layout," and dated November 2020.This location is a deviation to the five-foot setback required by the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Shawnda M. Bentley Agenda Item 5 Page 3 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size,species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable,federal permits shall be kept in such a facility for more than twenty-four(24) hours.All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four(24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty(180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health,safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings,or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8)feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one(1)square foot in area,that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Shawnda M. Bentley Agenda Item 5 Page 4 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. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There are no known natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Orkney Drive No Data Available No Data Available Existing Land Use 2—10 ADTI Proposed Land Use 3-10 ADT lAverage Daily Trips 2 as defined by a single-family 3 as defined by a single-family dwelling dwelling with wildlife rehab Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020 and November 29, 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 November 23, 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 December 3, 2020. City Council As required by City Code,this item was advertised in the Virginian-Pilot on Tuesday, December 22, 2020 and in the Virginian-Pilot Beacon Sunday, December 27, 2020. Shawnda M. Bentley Agenda Item 5 Page 5 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on December 21, 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 December 31, 2020. Shawnda M. Bentley Agenda Item 5 Page 6 Proposed Site Layout Shawnda Bentley Concept Layout November 2020 WILT) gE" N C 60ri_, ram' (SHAD 57-/�D 8' NEDGEPPW FPO 01 O 2D Y ENCE L1 N -PROPOsEt1 C,RR Luict�ufiE AREA a5' i c URK HLY RIVE Shawnda M. Bentley Agenda Item 5 Page 7 Site Photos — _ -- ;:�"� ''— gip,. z� � .- ,. a I ' H -0-" ' a a -<- �,_ a.w fr!, -..,i- 0\ ...... , F' ' 3. f` e Shawnda M. Bentley Agenda Item 5 Page 8 Site Photos •,, v.fik• . . •- , -* -to •-• -41 :,',... - ---_- .r.(46,.• ' . .,-4.*-. .. - „,:,;,:•..,41".. '37.i ' ' .‘ VE._ ' .: ,.„,..,,t ,v,„,• . `q, Vikv - .... . • , ,,, , ..-. --.. .' 1.5.7.- -...,,. •'-' '-', '''-;''F';,e',..' `•••; .._ --"!....' 10 4 ii ,----,.. --- ,,.:4y.,.....441., . ::,,.4.,-,.. ;4•.-,.. ;... - - .--•' . . .; .. - ' . - - - 13 ' 'r- • i j-. ,i, _Ir. .''.,„ :,..•• . I, ,, .19'..,•.'1,,j ,.."0,alM4,.14:44:4v:WriZzi• ,,-,,'- - ;;;;"'•...-..,„ — --,,,-. .4-til ittq ra,', -i— --:!'"'" . -- : .._ 'N.-- , - ---;-`,;', . '.:---.44-- • -r 9: Z.Ne:' ' . ?',.',' 1 %.1111111.1111W1. • • '..6. 7"....7.!...... % t .. 44.:..... ,, • ,...,t::.; ''.•*.':.t....:. - , ' . , : - ...`",.',..'.. . : • . , .., ' „ . .. .- . :, ,, • ,. ,-. .. , ,,, ..0 • :.. , -, • r s'41at„ ..--• , . 4• —._ ,. . ..r .. 1 • i - ,..- -''.•-• -)`•:: - .. 1 -.': . ... . • , .41 -•rIl ( • :1' :.-1-77,--- ,. . • \ .------ , - V •;,:e -. .. . . . :,..; i '. _ ' '',-;:,-•-.7, -;--- .:- ''';'---'-'''' ,, . ,...:„ . . , • .., . • • .. ...-.,...:-.: . . . ,. ... , .., Shawnda M. Bentley Agenda Item 5 Page 9 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 Shawnda Bentley Does the applicant have a representative? ❑Yes NO No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes I 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 entity2 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. 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(it)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 Shawnda M. Bentley Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement 1 ..cdibyin:.Bench 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-coilaterailzation,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. Home mortgage loan through Service Mac Mortgage 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?0 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 I No • If yes,identify the firm or individual providing the service. S. 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 Shawnda M. Bentley Agenda Item 5 Page 11 Disclosure Statement Disclosure Statement \/13 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 const'uction contractor. 7 Does the applicant have ar engineer/surveyor/agent in connection with the subject of the app ication or any business operating or to be operated on the property?❑Yes • No • If yes,identify the engineer/surveyor/agent. 8. Is tie applicant receiving legal services in connection with the subject of the application or any business operating or to be operated or the property?❑Yes fit No • If yes,identify the name of the attorney or firm providing lega:services. Applicant Signature I certify that at of the information contaired in this Disc osure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hewing,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. Acart Signature S te(. Print Name and Title __._ —_.._..-----------_—__— C F aOrO Date Is the applicant also the owner of the subject property? III 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 ® than" Cs." 2/17/2021 °'"'""' Jonathan Sandell. .rinta•m.__ Jonathan Sanders 31 Shawnda M. Bentley Agenda Item 5 Page 12 Disclosure Statement Disclosure Statement \43 Planning&Community Development Owner Disclosure Owner Name Shawnda&Enoch Bentley Applicant Name Shawnda Bentley Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes Z' No • If yes,list the names of all officers,directors,members,trustees,etc be ow. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the officia 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 Shawnda M. Bentley Agenda Item 5 Page 13 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coilateralization,etc)or are they considering any financing in connection with the subject of the application or any business ope:sting or to be operated on the property? •Yes ❑No • tf yes,identify the financial institutions. Home mortgage loan through Service Mac Mortgage 2. Does the Owner have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ❑Yes II 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 E No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape archkect/land planner provided in connect on with the subject of the application or any business operating or to be operated on the property?❑Yes r 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 anc 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 or the property?0 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?❑Yes ®No • If yes,identify the engineer/surveyor/agent. 6j Shawnda M. Bentley Agenda Item 5 Page 14 Disclosure Statement Disclosure Statement 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 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 Ghat-coda I iii Print Name and Title Cn t�OaCJ Date 7 I P g Shawnda M. Bentley Agenda Item 5 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Shawnda M. Bentley Agenda Item 5 Page 16 Item # 5 Shawnda M. Bentley [Applicant] Shawnda M. & Enoch A. Bentley [Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 1204 Orkney Drive December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Wall. Next item is item number five, Shawnda M. Bentley for Conditional Use Permit for Home-Based Wildlife at 1204 Orkney Drive. The applicant please come forward. Welcome. Please state your name for the record. Ms. Bentley: My name is Shawnda Bentley. Mr. Weiner: And are the conditions acceptable. Ms. Bentley: Yes they are. Thank you very much. Mr. Weiner: Thank you. Is there any opposition to this being placed on a Consent Agenda? Hearing none, Ms. Klein has been asked to read this into the record. Ms. Klein: The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to provide emergency care for juvenile wildlife in an R-20 Residential District located in Bellamy Manor. Animal Control noted that there were no reports of complaints associated with the home- based rehabilitation operation. The applicant plans to provide emergency care for infant small mammals, birds and waterfowl. No rabies vector species will be kept on the premises and no animals will be released at the residence. During the initial phase of rehabilitation all wildlife will reside inside the existing garage within enclosures appropriately sized for the species. Prior to release animals will be transitioned outdoors to an existing 10-foot by 16-foot accessory structure located behind a large hedge in the backyard. The structure is enclosed with a half-inch steel hardwood cloth that extends six inches below ground level and is located 42 inches from the rear property line. Based on this encroachment into the 5-foot rear yard 1 setback, a deviation to the setback is requested. This structure is completely enclosed by a 6-foot tall privacy fence. The applicant is a licensed category 4 wildlife rehabilitator with the Virginia Department of Game and Inland Fisheries and works under the supervision of a category- 2 rehabilitator sponsor. There is no known opposition to this request and it is placed on the Consent Agenda. Mr. Weiner: Thank you, Mrs. Klein. Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda if these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. Ms. Porter: Commissioner Coston is absent. Commissioner Graham. 2 Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 CONDITIONS: 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game & Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. The outdoor wildlife enclosure structure shall be located no closer than 42 inches from the rear property line as depicted on the exhibit entitled, "Shawnda Bentley Concept Layout," and dated November 2020. This location is a deviation to the five- foot setback required by the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT tttltltdch�c�c**xxxxxxxxxxxxxx OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 t*t**tt*t*tt*ttttt#tit*****t* 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. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e94bad61 a222d42bc8d463f5da0 13f3b4 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 January 5, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/08/2020 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C YLNOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN CITY COUNCIL'S BRIEFINGS A. PUBLIC DEFENDER PAY PARITY Cal Bain,Virginia Beach Public Defender's Office B. COVID-19 UPDATE Dr.Demetria Lindsay, Director—Virginia Beach Public Health II. CITY MANAGER'S BRIEFINGS A. LOCAL COVID-19 RELIEF FOR Cynthia Whitbred- VIRGINIA AQUARIUM&MARINE Spanoulis,Director— SCIENCE CENTER Virginia Aquarium B. COMPREHENSIVE ANNUAL FY20 Kevin Kielbasa, FINANCIAL REPORT(CAFR)and Principal Accountant— GENERAL FUND UPDATE Finance III/IV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI SESSION A-E F. MINUTES 10-0 Y Y Y Y Y Y A Y Y Y Y 1. INFORMAL/FORMAL SESSION APPROVED B December 1,2020 S T A N E D G.1. MAYOR'PRESENTATION RESOLUTIONS IN RECOGNITION a. Steven R.Cover b. Robert R.Matthias c. Mark Johnson d. Tony Zucaro e. Bobby Hill H. PUBLIC COMMENT 12 SPEAKERS 1. CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS PUBLIC HEARING 1 SPEAKER 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP) EASEMENT 328.90 acres at 4152 Blackwater Road K.1. Ordinance to AMEND Section 2-109 City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re temporary pay adjustments CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/08/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDNOMO 0 L W 0 O C Y L NOUWS O T T HEE E S S E O O E T I R Y S S ERNDN K.2. Ordinances to DESIGNATE as ADOPTED,BY 11-0 YYY YYY Y Y Y Y Y EXEMPT re Real and Personal CONSENT Property Taxes: a. East Coast Volleyball Club b. Hospice and Palliative Care of Tidewater c. Luv All Warriors,Inc. d. One Step Ministries e. The Pink Ride,Inc. f. Trails of Purpose K.3. Ordinance to AUTHORIZE: ADOPTED,BY 10-1 Y Y Y Y Y N Y y y y y a. Acquisition of an Agricultural Land CONSENT Preservation (ARP) easement from Ives Farm,LLC,(328.90+/-acres) b. Issuance by the City of its contract obligation in the maximum principal amount of$2,012,868;and c. TRANSFER funds to purchase U.S. Treasury Strips K.4. Ordinance to DECLARE 2.812+/-acres of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y land at the intersection of Princess Anne and CONSENT South Witchduck Road (formerly Kempsville Road)in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Princess Anne/Witchduck Associates 1, LC re construct a multi- tenant commercial development with architectural components consistent with Historic Kempsville Plan K.5. Ordinance to AUTHORIZE the acquisition ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of property in fee simple re Princess Anne CONSENT Plaza North London Bridge Creek Pump Station Project, CIP# 7-089 and the acquisition of temporary and permanent easements, either by agreement or condemnation K.6. Ordinance to APPROPRIATE$1,163,295 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y in Fund Balance of the City Garage Internal CONSENT Service Fund re purchase of horizontal grinder K.7. Ordinances to ACCEPT/APPROPRIATE ADOPTED,BY 11-0 Y Y Y YYY Y Y Y Y Y from the Commonwealth of Virginia: CONSENT a. $463,672 to the FY2020-21 Voter Registration and Elections Operating Budget re November 3, 2020 General Election additional costs b. $6,571,166 to FY2020-21 Department of Public Utilities Operating Budget re direct customer subsidies CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/08/2020 PAGE: 3 B AGENDA 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 YLNOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN K.8. Ordinance to ACCEPT/APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $49,286 of CARES Act Funds from the CONSENT Governor's Fast Track Broadband Program to the FY2020-21 Information/Technology Operating Budget re eligible broadband projects K.9. Ordinance to REALIGN / TRANSFER ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CARES Act Funds in accordance with CONSENT actual eligible expenses K.10. Ordinances to ESTABLISH Capital Projects ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y #100559, "Three Oaks Elementary Multi- CONSENT Use Path," and #100558, "Violet Bank Trail"and TRANSFER funds from Capital Project#100119"City Bikeways and Trails Plan Implementation"to newly established Capital Projects. K.11. Ordinance to TRANSFER $3.7-Million ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y from Capital Project#100147 "Dome Site CONSENT B Parking"to Capital Project#100145"Dome S Site Development Acquisition"at 18'Street T and MODIFY the description and scope of A Capital Project #100145 re costs of I decommissioning the Dominion Energy N Substation E D L.1. RACHEL A.DIO for a CUP re short term MOTION TO 5-6 YYNNNN Y YNNY rental at 5528 Cabin John Drive DISTRICT APPROVE FAILED 1—CENTERVILLE DENIED L.2. ANITA WEST for a CUP re short term DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y rental at 121 South Kellam Road DISTRICT 4—BAYSIDE L.3. ARICA&MELVIN L.ATKINS III for a APPROVED/ 9-2 Y Y YNYN Y YYYY CUP re short term rental at 598 Pinewood CONDITIONED, Drive,Unit 205 DISTRICT 6—BEACH BY CONSENT L.4. HDS PROPERTIES, LLC / RUTH DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VOGEL for a CUP re short term rental at 600 South Atlantic Avenue DISTRICT 6— BEACH L.5. RICKERT FAMILY LIVING TRUST for DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y a CUP re short term rental at 349 Norfolk Avenue DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/08/2020 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN M. APPOINTMENTS RESCHEDULED BYCONS ENS US 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION CLEAN COMMUNITY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Carmen Maddox Unexpired Term thru 3/31/2022 HISTORIC PRESERVATION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Lee Lockamy 3 Year Term 1/1/2021-12/31/2023 Appointed: Ellen"Becky"P.Livas 3 Year Term 1/1/2021-12/31/2023 RESORT ADVISORY COMMISSION Reappointed: 9-2 NY Y YYN Y YYYY Randy Thompson 3 Year Term 1/1/2021-12/31/2023 Appointed: William Almond John Zirkle 3 Year Term 12/8/2020-12/31/2023 TRANSPORTATION DISTRICT OF Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y HAMPTON ROADS Mark Shea No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/08/2020 PAGE: 5 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN 0 M 0 0 L W 0 0 C Y L N 0 U W S 0 T THE E E S S E 0 0 E T I R Y S S ER NDN VIRGINIA BEACH COMMUNITY Reappointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION Jeremy Johnson 4 Year Term 1/1/2021-12/31/2024 Appointed: Jerome"David" Crain,Jr. Unexpired Term thru 8/31/22 N/O NEW BUSINESS Council Discussion re Upcoming Workshop/Retreat P ADJOURNMENT 10:31 PM