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3-15-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 60p•gEAc MAYOR ROBERT M. "BOBBY"DYER,At Large e- VICE MAYOR ROSEMARY WILSON,At Large O� MICHAEL F.BERLUCCHI,Rose Hall-District 3 a: LINWOOD O.BRANCH,L nnhaven-District 5 t y u �, �`► ,1 a BARBARA M.HENLEY,Princess Anne-District 7 ' N.D. "ROCKY"HOLCOMB,Kempsville-District 2 '_ "" / LOUIS R.JONES,Bayside-District 4 JOHND.MOSS,At Large °F °o. N0,08 AARON R.ROUSE,At Large GUY K.TOWER,Beach-District 6 SABRINA D.WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR March 15, 2022 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - City Council Chamber- 1:00 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison B. URBAN RENEWAL CENTER IMPACT YOUTH SUMMER CAMP 1:15 PM Dr. Antipas L. Harris (Requested by Council Member Rouse) C. CITY OF VIRGINIA BEACH FISCAL RELIEF INITIATIVES 1:45 PM Kevin Chatellier, Director—Budget& Management Services (Requested by Mayor Dyer and Vice Mayor Wilson) II. CITY MANAGER'S BRIEFINGS 2:00 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. LITTLE ISLAND PARK—FISHIN 1 ON THE BEACH 2:15 PM Michael Kirschman, Director—Parks and Recreation III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 PM IV. CITY COUNCIL AGENDA REVIEW 2:45 PM V. INFORMAL SESSION - City Council Chamber- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 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. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 1, 2022 G. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS James P. Sadler (Sandra Sadler Baylor will be accepting in honor of James P. Sadler) Pete Smith 2. RESOLUTION IN RECOGNITION Julie Shiflet 3. CROWNING OF MIA-ALANA CAALIM National Elite Miss Teen Virginia H. PUBLIC COMMENT 1. PEMBROKE MALL REDEVELOPMENT (Requested by Council Member Moss) I. PUBLIC HEARINGS 1. AMENDMENT TO THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY ORDINANCE (Adopted September 7, 2021) 2. CAFÉ FRANCHISE AGREEMENTS a. Ocean Fifteen, Inc., t/a Mediterranean Grill Café re sidewalk(Atlantic to Pacific) café b. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café c. Beach Convenience, LLC, t/a The Sweet Spot Café re sidewalk (Atlantic to Pacific) café d. Young Veterans, LLC, t/a The Bunker Brewpub Café re sidewalk (Atlantic to Pacific) café e. Mahi Mah's, LLC, t/a Mahi's Café re boardwalk café f. 3107 Atlantic, LLC,t/a North Beach Bar and Pizza Café re boardwalk café g. Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café re boardwalk café h. Osprov Respublik, Inc., t/a Johnny Mananas Café re boardwalk café i. ARNAV 138 Hotel, LLC, ha Barclay Towers Café re boardwalk café j. Atlantic Sands, Inc., ha Calypso Café re boardwalk café k. Atlantic Enterprises, Inc., ha Oceanfront Inn Café re boardwalk café 1. Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd Street re boardwalk café m. La Herradura 4, LLC, t/a La Herradura re sidewalk (Atlantic to Pacific) café n. Ahata, Inc., t/a Pier 23 Café re sidewalk(Atlantic to Pacific) café o. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café p. Tampico Enterprises, Inc., t/a Abbey Road Café re sidewalk(Atlantic to Pacific) café q. Luna Sea, Inc., t/a Luna Sea Café re sidewalk (Atlantic to Pacific) café J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances/Resolution re Taxpayer Relief: a. REQUESTED BY COUNCIL MEMBER MOSS 1. Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools re "Taxpayer Dividend" and to provide revenue offsets (Deferred from March 1, 2022) Council Member Moss Requests Withdrawal b. STAFF RECOMMENDATION 1. Resolution to CONCUR with Personal Property Assessment Methodology for vehicles in Calendar Year 2022 Proposed by the Commissioner of the Revenue 2. Ordinance to AMEND Calendar Year 2022 Tax Levy on Personal Property and Machines and Tools 2. Ordinances to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machine and Tools and to provide Revenue Offsets (Requested by Council Member Rouse) re: a. Tangible Personal Property of a Business that qualifies for Business License Incentive Program for New Businesses b. Motor Vehicle owned and used primarily by or for someone at least sixty-five years of age or anyone found to be permanently and totally disabled 3. Resolution to REFER to Planning Commission an Ordinance to ADD Section 209.5, DELETE Section 242.1 and AMEND Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District(Requested by Vice Mayor Wilson and Council Member Berlucchi) 4. Resolution to REVISE Membership of the 5/31 Memorial Committee (Requested by Council Members Berlucchi and Wooten) 5. Resolution to CREATE a Permanent Memorial for DeShayla Harris (Requested by Council Member Wooten) 6. Resolution to CREATE a Memorial for Victims of Gun Violence(Requested by Council Member Wooten) 7. Ordinance to GRANT seventeen (17) Franchise Agreements re outdoor café in the Resort Area: a. Ocean Fifteen, Inc., t/a Mediterranean Grill Café re sidewalk(Atlantic to Pacific) café at 1508 Atlantic Avenue b. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk (Atlantic to Pacific) café at 1700 Atlantic Avenue c. Beach Convenience, LLC, t/a The Sweet Spot Café re sidewalk (Atlantic to Pacific) café at 1718 Atlantic Avenue d. Young Veterans, LLC, t/a The Bunker Brewpub re sidewalk(Atlantic to Pacific) café Café at 211 21st Street e. ARNAV 138 Hotel, LLC, t/a Barclay Towers Café re boardwalk café at 809 Atlantic Avenue f. La Herradura 4, LLC, t/a La Herradura Café re sidewalk(Atlantic to Pacific) café at 2006 Atlantic Avenue g. Mahi Mah's, LLC, t/a Mahi's Café re boardwalk café at 615 Atlantic Avenue h. 3107 Atlantic, LLC, t/a North Beach Bar and Pizza Café re boardwalk café at 3107 Atlantic Avenue i. Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café re boardwalk café at 1905 Atlantic Avenue j. Osprov Respublik, Inc., t/a Johnny Mananas Café re boardwalk café at 2207 Atlantic Avenue k. Atlantic Sands, Inc., t/a Calypso Café re boardwalk café at 1101 Atlantic Avenue 1. Atlantic Enterprises, Inc., t/a Oceanfront Inn Café re boardwalk café at 2901 Atlantic Avenue m. Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd Street re boardwalk café at 3301 Atlantic Avenue n. Ahata, Inc., t/a Pier 23 Café re sidewalk(Atlantic to Pacific) café at 2224 Atlantic Avenue o. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café at 3224 Atlantic Avenue p. Tampico Enterprises, Inc., t/a Abbey Road Café re sidewalk(Atlantic to Pacific) café at 203 22"d Street q. Luna Sea, Inc., t/a Luna Sea Café re sidewalk(Atlantic to Pacific) café at 206 22"d Street 8. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code re Changing Name of Polling Place from Landstown Community Church to Restoration Church at Landstown 9. Ordinance to APPROVE the assignment of the Franchise re operation and maintenance of the Virginia Beach Fishing Pier to VB Fishing Pier, LLC 10. Resolution to AUTHORIZE the City Manager and City Clerk to place an Advertisement re various Permit and Inspection Fee increases as part of the FY 2022-23 Budget Process 11. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned Property: a. Known as Bass Inlet located at the rear of 2909 Sandpiper Road re construct and maintain a wooden pier and boat lift District 2 (Formerly District 7 - Princess Anne) b. Known as Treasure Canal locat. d at the rear of 2209 Leeward Shore Drive re construct and maintain boat lift, timber pier and rip rap revetment District 8 (Formerly District 5 - Lynnhaven) 12. Ordinance to EXTEND the Sunset Date to April 5, 2023, re residential parking in the Historic Cavalier Shores Neighborhood 13. Ordinance to ACCEPT $15,604 from the Virginia Aquarium Foundation and APPROPRIATE to Capital Project #100463, "Virginia Renewal and Replacement III," re refurbish the Ray Touch Pool Exhibit L. PLANNING 1. 1252 JENSEN, LLC for a Conditional Use Permit re bulk storage yard & Modification of Proffers at 1252 Jensen Drive and a portion of 1228 Jensen Drive District 6 (Formerly District 6 —Beach) RECOMMENDATION: APPROVAL 2. WHITNEY TRIPLIN-PASS / JAMES PASS & WHITNEY TRIPLIN-PASS for a Conditional Use Permit re family day-care at 952 Timberlake Drive District 1 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 3. N3 PROPERTY ADVISORS/VIRGINIA BEACH INVESTMENT COMPANY, LLC for a Conditional Use Permit re automobile repair garage at 6213 Indian River Road District 1 (Formerly District 1 —Centerville) RECOMMENDATION: APPROVAL 4. NMP-C4 FAIRFIELD S/C, LLC for a Conditional Use Permit re mini-warehouse at 5312 Fairfield Shopping Center District 3 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 5. DANIELLE GOOD & CYNTHIA SCHOTT/BYLER LAKES, LLC for a Conditional Use Permit re tattoo parlor at 522 South Independence Boulevard District 3 (Formerly District 3 — Rose Hall) RECOMMENDATION: APPROVAL 6. ALLIENA WESTLEIGH/ALVIN & CYNTHIA ALLIE-WESTLEIGH for a Conditional Use Permit re residential kennel at 4512 Whitechapel Court District 9 (Formerly District 4— Bayside) RECOMMENDATION: APPROVAL 7. TAN DANG /REGENCY HILLTOP ASSOCIATES for a Conditional Use Permit re tattoo parlor at 1940 Laskin Road, Suite 311 District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. C AND C DEVELOPMENT COMPANY,INC. for a Conditional Use Permit re short term rentals at 501 22nd Street, Units A& B District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 9. CYNTHIA LAENGER for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6C District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEAL BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* 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 TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e5ec4d1 d6e0dead8e73716128684a93b5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 15, 2022. I. CITY COUNCIL'S BRIEFINGS - City Council Chamber- 1:00 PM A. GENERAL ASSEMBLY LEGISLATIVE UPDATE Debra M. Bryan, Legislative Affairs Liaison B. URBAN RENEWAL CENTER IMPACT YOUTH SUMMER CAMP 1:15 PM Dr. Antipas L. Harris (Requested by Council Member Rouse) C. CITY OF VIRGINIA BEACH FISCAL RELIEF INITIATIVES 1:45 PM Kevin Chatellier, Director—Budget& Management Services (Requested by Mayor Dyer and Vice Mayor Wilson) II. CITY MANAGER'S BRIEFINGS 2:00 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. LITTLE ISLAND PARK—FISHING ON THE BEACH 2:15 PM Michael Kirschman, Director—Parks and Recreation III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 PM IV. CITY COUNCIL AGENDA REVIEW 2:45 PM V. INFORMAL SESSION - City Council Chamber- 3:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 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. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 1, 2022 G. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS James P. Sadler (Sandra Sadler Baylor will be accepting in honor of James P. Sadler) Pete Smith 2. RESOLUTION IN RECOGNITION Julie Shiflet 3. CROWNING OF MIA-ALANA CAALIM National Elite Miss Teen Virginia 0/41A-BF,q U 5 L 4. i 4 _- _ rs 9% 904. Op OUR NA' RESOLUTION WHEREAS: In 1980, President Jimmy Carter issued the first presidential proclamation declaring the week of March 8 as National Women's History Week. The U.S. Congress followed suit the next year,passing a resolution establishing a national celebration. Six Years later, the National Women's History Project successfully petitioned Congress to expand the event to the entire month of March;and WHEREAS: The National Women's History Alliance designates a yearly theme for Women's History Month with the 2022 theme "Women Providing Healing, Promoting Hope." This theme is "both a tribute to the ceaseless work of caregivers and frontline workers during this ongoing pandemic and also a recognition of the thousands of ways that women of all cultures have provided both healing and hope throughout history.";and WHEREAS.' Julie Shiflet,as a junior player,was the top in the Mid-Atlantic section at the age of ten and throughout her entire junior career;and WHEREAS: Julie,at the young age of 14,won the National Easter Bowl Championship and became the youngest player ever to win the girls 16&under National Clay-Court Title. The very next summer,Julie set another junior record by winning the event again for two back-to-back National Clay-Court titles;and WHEREAS: Julie played in her first professional tournament at the age of 15 and competed in many professional events including the US Open,the Family Circle Cup,The Miami Open, The Pan Pacific open and many other WTA tournaments all over the world;and WHEREAS: Julie went on to play number one at the College of William and Mary and led the team to the CAA title,as well as a national team ranking of 14 in her freshman year;and WHEREAS: Julie was an All-American and finished her freshman season ranking number 7 in the country,earning CAA player of the year;and WHEREAS: Julie turned pro after her freshman year of college and ranked in the top 200 before suffering a career ending shoulder injury in 1994. After retirement,Julie returned to William and Mary and received her bachelor's degree in Psychology; and WHEREAS: Julie is an optimist and a motivator who loves to help players reach their full potential. She has coached at Regional and National Training Centers around the country working with numerous top-ranked Mid-Atlantic and nationally ranked players who have received Division 1 College scholarships;and WHEREAS: With her strong background in psychology,experience and passion for the game of tennis,Julie is an excellent coach for players of all ages and levels. Julie received her personal training certification from the National Academy of Sports Medicine and is able to sculpt complete players capable of playing at the highest levels;and WHEREAS: Julie and her husband operate the Davidson Tennis Academy at the Virginia Beach Tennis&Country Club where there are over 50 high performance players and 40 current beginner students participating. NOW THEREFORE,BE IT RESOLVED: The Virginia Beach City Council honors Julie Shifiet for her efforts to serve the community by way of growing the game of tennis while developing community relationships with players,fans and the community at large BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations this 15th day of March,2022,in honor of Women's History Month to recognize: JULIE SHIFLET Adopted by the Council of the City of Virginia Beach, Virginia the 15th day of March,2022 and present this Resolution duly signed by each Member of th Virgini ach C ouncil with a copy spread upon the Minutes of this meeting. vp. ,9• 41.4 &h.& A.4.6%.____ Council MtemberJfichaefT.Berfucchi Council 91tem6er Linwood O.Branch CounciC3lem6er Barbara 9K.9fen&ey VO gf)Afd Aleitk la Council her . ° cky"9folcom6 i19Kem Louis`?,Jones Council9,lemferJohn D.Yoss Count9lemb Aaron R,Rpuse Councif;Kember Guy 7('rower jala*L0.00. l;Hem6erSa6rina D.Wooten 4440,44,14 Vice 9Kayor emary Wilson Mayor p6ert;.t."Bo6 Dyer H. PUBLIC COMMENT 1. PEMBROKE MALL REDEVELOPMENT (Requested by Council Member Moss) " N � , �_ Artt "to ‘ri as f a .i . > • . -a ,--,, , till , ¢' ti t �.,, .44� W • a) ,,,...... . ,,, r f s CI I 0 A F.P.- 1� qg • C •! r-i . P.. all , .. i i i s I • % < Ni4E •1 ' CD al 0 fil ias .0 0 .g... i 0> , t_ • r ‘‘. V , 4'\,, yr di., , . L.- i„...., 7, CD (/) ,--- a. wi; > , MI O) (13 _. .". ,: s,' 1 CD 4111) (13 III 0) t 4' • • 0 ♦�IX >N F . ♦ a _ ' SINN 1111:2 I. r fr ' . 6 1t `0 1 .. I _ ° =U _, }' ii a) ID W p ` Trt (n 0._ N ILr r$ • 03 s .g• ! ip Q O U .` ;. •U 2 « r • , Disclosures • Owners/Applicants: Pembroke Square Associates • Vincent R. Olivieri • Robert V. Olivieri • John E. Olivieri • Michael V. Olivieri • Vincent A. Napolitano • Frederick J. Napolitano • John C. Napolitano • Financing: Towne Bank • Architect: Kahler Slater • Engineer: Kimley Horn • Legal: Fagged & Frieden Economic Development March 1, 2022 I City Council Public Briefing 2 Pembroke Square Associates request the City to cost participate in two public parking garages as part of the proposed master redevelopment of Pembroke Mall Economic Development I March 1. 2022 I City Council euee< Briefing 3 ‘1. Or illo., , \ . ,.,-,__________- __ _ -- —,,_____- _,------,..r . _-__ ., - ._ ... ii ,.. _ , ... . ' . . , -..„,... .. . - .. . mg 1 i'1' Ir I. ...,,,_. io--• • (-- ' IN r I' ,, . _ - A. ` , a, 'fr ' -- kiiiiiiimilak 11 tori ‘1,ii:s:•.\\ % ' GI,.fi 1 --• F r „ .,-- , ,...--A............... 111.1 +.0 I, A , - — _.__ 1611 , , vim j- Lia-,- li •NM .- -''''N 'r-cirrm.ilr11,4101%. _ ' ...m. Ili 1 0, - - --, 1..... i•l• -1 ' ,• I .111416L_4 . E * ,_ , ft t * . II _ : .,-_-_) ...- - , 0 I 0 v . .ii .111, i...„ < c, , •,_in , ,! .01-. 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M 0 c 0 0 LLJ Redevelopment of Mall to Mixed-Use Community , .0- .0- ...-,, - ,„ , ,, - - „ • The Future: Mixed Use Community withJr, 0 Q� i-. „A 4 � , residential, office, hotel, entertainment, A ,6 _� 4 . - = 9 0. restaurants, services, fitness facilities and retail ' l ,i t� v. , s SENIOR ` ,Ii ( N 1° LIVING uses • . 41110 • The Path: Public Participation to fund t- - . t rY, construction and operation of garages 7"-- 4. RETAIL N • The Process: Phased redevelopment shovel _ ,N fr. ready for all economic development s , --- 0 opportunities OFFICE OFFICE l MULTI- 1 FAMILY 1 . . , . . ___ . , • The Place: Focus on the community via - .41.1111110.1'` '3 "� � A lacemakin thepedestrian and urbangreen . _- _ : -- _ Iii..„)..„, p g� , , , - .,,., ,,. areasr-- .: , - , . r. +'a HOTEL ..,* l M Economic Development I March 1, 2022 I City Council Public Briefing *,«. !- . .:. , 0 l r t ~ N CO t Q W C iJ, , d! Nil j �. is,c < O ( t',fr- ,.., 11 A t 1/ X �J ! 0 r / ;*ti / W fi` :• ¢ 4 •! i i t �,` I i t , . 1 01110110110111011 +. - . i ' - L pqmpiNgli`f • s - s peg low�FittPi w �� olio Y r"Arm'* - ,i I PM '.. • ,,, Yam-! tty, • , y. - J O Z ,..:, W }', w , CO ill, ' 13) i y /y�ti� f j W .3,7 t •., 1 't iiifr t ! W O t Y U 0 N cr) >, 0,L N —a) L L p) 4) .� c� �O .0 c c p L > > C I a) D L O I '- 0_ ti C CO .4-J E Suma) 0 c, O 4) o � .— ca - -C 0 U S fa) QC.4.= N- - (I) _IZ p o 0 0 0 U W • • • Phase II - Multifamily Garageand ,;::',.,•• • A $69 M 5-Story, �' x�� _.vI` 324-market rate ,, unit community ,I, ... over two levels of parking and ground floor retail . = ,, i ►��, Ir , _�.,, (8 stories total) x „�; 71 ;�: 4 y� ,., .I al. . •AT,i �^ If ilr..01. '14',* . • Located in the �. • ► !I11F III typ ,T.g"� central area of .`` • fi ■ . ,r a ' �� e. .j �'r . :,.. existingMall q. i ifi E..,,.. ' ' . , 4,,.... a. PRMONOKIA►TS. MITCHELL/MATTHEWS PRIMARY FACADE ARCHITFCTS & rIANNFRS C` _8( 44 graces.arras.arta aver*ras arr aapn'1nmo»era A.M.range as ms aa.gn hams.retoa 434.979,7550 c 202 1 7 Economic Development I March 1, 2022 I City Council Public Briefing Phase III — Hotel and Garage , „ • A $43.4 M, 209- ' room hotel over a ; 0 Ill , 3-story parking �; � :: :::: ' gara a ill ji40.0.4 .41111,'''141,4iiii • Located alon 01111 11`,,,i�111Iilli�'1II j ,, Virginia Beach 4 x: 11,,p,„1 Blvd Former �.- .:. ,, :1-- _ ,,., Po Suntrust Site) —.. 2 .- ,i.,- . . i- . . ... .,iir -----:: - . 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E}< seaarD :il�l!! .ear*. TuowdoloAGa I 1 I I 4 ::::: notZ$ p • ':' i 1 1 i , i. : , ,,,, , IIII� �� I IleTaa JooL4 punale • ny 1 ,iIl jitilll l'il ,i,t,,fI se6ai 6 t:I�I 6U! 1Jed onnl . io li, . ., 11 ""''' SJaMol a3!J40 onnl • aa� - sass luenbas n .��Q �Id q S Pembroke Strategic Growth Area Plan • High Density Development • Mixed-Use • Connectivity • Pedestrian-friendly • Open Space • Parking Systems Economic Develop I March , 2022 I City CouncilPuol< e, .Briefing 1 Summary • Phase I Private Investment $49 M • Phase II Private Investment $69 M • Phase III Private Investment $43.4 M • Total Private Investment P I-Ill $161 .4 M • Requested Public Investment $24 M ($30,000/space) • 2 Public Garages Economic Development I March 1, 2022 I City Council Public Briefing 12 -, . M :, ,4 Request to Consider ,s �. ".* - - � �0. . 4. ��� •� � ' - f�hasga� / SENIOR `n S' LIVING P Pembroke Square Associates ,� . i 1 request the Cityto cost -, 1} Tp. artici ate in two public parking - -� - t ; 7.440 °! n r t garages as part of the proposed w_ °� ,k ° RETAIL master redevelopment of I� _ .r "'`y ` Pembroke Mall L. t � slr .. OFFIC OFFICE �i as MULTI - _- ,rc; - FAMILY L.,-- II [ f _ - , 1 Limits of ; , K, -t P=mbroke Il I : HOTEL E � i� �( Ill _ k. r 1� '• ` ' Ass .1-, r tes ; , ; Tract Economic Development i March 1, 2022 i City Council Public Briefing t,: .. • .. w rmr„ ,,, 13 Estimated — Assumptions • Parking Garages: • Two parking garages- total 808 parking spaces • Cost per parking space - $30,000 City Max • General Fund pay debt service associated with total issuance of $24 M Bonds • Revenue from the project anticipated to begin in FY 2024 • Fiscal Impact includes all projected Real Estate General Fund Revenue to occur from development • To ensure revenues remain within the General Fund, dedication of the Real Estate revenue equivalent to the revenue generated would need to occur within the General Fund • Establishment of a Special Service District (SSD) - $0.45 to support: • Debt Service for design and developer construction gap $5,000 per space ($5.5 M) • Garage maintenance $275 per space Economic Development I March 1, 2022 I City Council Public Briefing 14 Estimated Fiscal Impact — General Fund ( Dedicating Real Estate Tax Equivalent) • 20-year cumulative revenue $ 40, 785 , 105 • 20-Year cumulative expenses $ 31 ,875,600 • Estimated Net Revenue $ 8, 909,505 • Net Present Value of Revenue $ 3,639, 284 Economic Development I March , 2oz2 I City CouncilPuol,ca, 9 15 C\.• (/) ■ (1) 0 a� ML W U O U N N O N L 2 C N Q _O N O W I. PUBLIC HEARINGS 1. AMENDMENT TO THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY ORDINANCE (Adopted September 7, 2021) 2. CAFÉ FRANCHISE AGREEMENTS a. Ocean Fifteen, Inc.,t/a Mediterranean Grill Café re sidewalk(Atlantic to Pacific) café b. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café c. Beach Convenience, LLC,t/a The Sweet Spot Café re sidewalk(Atlantic to Pacific) café d. Young Veterans, LLC,t/a The Bunker Brewpub Café re sidewalk(Atlantic to Pacific) café e. Mahi Mah's, LLC,t/a Mahi's Café re boardwalk café f. 3107 Atlantic, LLC, t/a North Beach Bar and Pizza Café re boardwalk café g. Osprov Respublik, Inc.,t/a Oceanhouse Waterfront Café re boardwalk café h. Osprov Respublik, Inc.,t/a Johnny Mananas Café re boardwalk café i. ARNAV 138 Hotel, LLC,t/a Barclay Towers Café re boardwalk café j. Atlantic Sands, Inc.,t/a Calypso Café re boardwalk café k. Atlantic Enterprises, Inc.,t/a Oceanfront Inn Café re boardwalk café 1. Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd Street re boardwalk café m. La Herradura 4, LLC,t/a La Herradura re sidewalk(Atlantic to Pacific) café n. Ahata, Inc.,t/a Pier 23 Café re sidewalk(Atlantic to Pacific) café o. Virginia George Co., Inc.,t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café p. Tampico Enterprises, Inc., t/a Abbey Road Café re sidewalk(Atlantic to Pacific) café q. Luna Sea, Inc., t/a Luna Sea Café re sidewalk(Atlantic to Pacific) café 4 M1a`av G7 Off� .!-,t,�� A.F 1r N Z 6 U:< e mBs +� P a� e L et.ytiiv NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Virginia Beach,Virginia(the "City"), will hold a public hearing on an ordinance (the "Amending Ordinance") amending the ordinance creating the Atlantic Park Community Development Authority(the"CDA")adopted by the City Council on September 7,2021(the"CDA Ordinance"). The CDA Ordinance (a) authorized the creation of the CDA for the purpose of financing various public improvements (the "Improvements") in connection with the development and redevelopment of an approximately 13- acre site near the oceanfront between 18th and 20th Streets,collectively known as the Dome Site, into a mixed-use development featuring retail, office, residential, parking and entertainment components, (b) established the boundaries of the CDA district and (c) approved a plan of financing for the Improvements. The Amending Ordinance will amend the CDA Ordinance to,among other things,(x)authorize the financing of additional public improvements necessary or desirable for development or redevelopment within or affecting the property within the CDA district or to meet the increased demands placed upon the City as a result of such development or redevelopment (the "Offsite Infrastructure")and(y)approve a plan of financing for the Offsite Infrastructure and any corresponding modifications to the plan of financing for the Improvements. Copies of the CDA Ordinance and the Amending Ordinance are on file in the Freedom of Information Act office. The public hearing, which may be continued or adjourned, will be held on March 15,2022,at 6:00 P.M.,local time, or as soon thereafter as the matter may be heard,in the City Council Chamber at City Hall, 2401 Courthouse Drive, Virginia Beach, Virginia, 23456. All interested persons may appear and present their views at such time and place. 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: httns//vbgov wet .x „ .Denv/q nsta,ge/g ohn2MTID=e5ac4r11(16 0deadSe73716176684a93h5 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 15,2022. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes City Clerk BEACON:February 13,2022,February 20, 2022,and February 27,2022 ,.....0.,1-.A-*:z., Ar _ .4iv ...v, „gt ,_ 1,_; c:,7, „_,..? .. -.:, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Amending an Ordinance Creating the Atlantic Park Community Development Authority Adopted on September 7, 2021 PUBLIC HEARING: March 15, 2022 MEETING DATE: April 5, 2022 • Background: In November 2019, the City Council authorized the execution of a Development Agreement for the Atlantic Park Project for development of a mixed-use project at the former Dome Site (the "Project"). The Development Agreement anticipates the establishment of a "community development authority" or "CDA" to assist in the financing of certain improvements within the Project. The CDA tool has been utilized in various Virginia localities, including the Short Pump Project in the Richmond region and the Coliseum Project in Hampton. For purposes of the Project, the proposed CDA will include a combination of three revenue sources. First, the CDA will include an additional levy of real estate taxes upon the property within the Project and an additional admissions tax upon participatory sports transactions occurring within the Project. Second, the Development Agreement anticipates certain sales taxes resulting from transactions within the Project that will be directed to the CDA, which was authorized by the General Assembly in legislation referred to in the Development Agreement as Knight-Wagner. Last, the City has certain performance-based revenues including Tourism Improvement Program Fund (or TIP Fund) revenues and local revenues keyed to sales taxes resulting from the Project's Term Sheet anticipating the use of Tourism Development Financing Program, which is also referred to as "gap financing." In November 2021 , the City Council authorized an amendment to the Development Agreement. As part of the amendment process, the City Council appropriated $17.7 million for the costs of certain infrastructure adjacent to the Project. These amounts are to be repaid by the CDA from any CDA revenues that exceed debt service in a given year or by the extension of the duration of the CDA beyond the term of the bonds to allow repayment. • Considerations: The adoption of an amendment to the CDA requires a new petition from the owner of the property within the proposed boundaries of the CDA. The City of Virginia Beach Development Authority ("VBDA") is the owner of the relevant property, and the VBDA has provided this addendum to its original petition. After adoption the proposed Articles of Incorporation will be filed with the Virginia State Corporation Commission. The proposed Articles are attached hereto. Atlantic Park Community Development Authority Page 2 of 2 • Public Information: Public information will be provided through the normal Council agenda process. As required by Virginia Code § 15.2-5156(A), the notice of public hearing has been published for three successive weeks, and the date for the public hearing is not sooner than ten days after the publication of the third notice. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Proposed Articles of Incorporation Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: �•� 1 ORDINANCE AMENDING AN ORDINANCE 2 CREATING THE ATLANTIC PARK COMMUNITY 3 DEVELOPMENT AUTHORITY ADOPTED ON 4 SEPTEMBER 7, 2021 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") and 7 Atlantic Park, Inc. (the "Developer"), previously entered into the Dome Site Development 8 Agreement dated as of December 23, 2019 (the "Development Agreement"), to provide for the 9 development and redevelopment of an approximately 13-acre site near the oceanfront between 10 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as 11 the Dome Site(the "Property"), into a mixed-use development featuring retail, office, residential, 12 parking and entertainment components (the"Project"); 13 14 WHEREAS,the Development Agreement contemplated the establishment of the Atlantic 15 Park Community Development Authority(the "CDA")pursuant to the Virginia Water and Waste 16 Authorities Act,Chapter 51,Title 15.2,Code of Virginia of 1950,as amended(the"Act"),to assist 17 in the acquisition, financing, funding, design, construction and equipping of a portion of the 18 infrastructure improvements to be constructed pursuant to the Development Agreement; 19 20 WHEREAS,the Petitioner, as the fee simple owner of the Property, filed a petition for the 21 creation of the CDA dated September 7, 2021 (the "Original Petition"), with the City; 22 23 WHEREAS, consistent with the terms of the Development Agreement and the Original 24 Petition, the City Council of the City (the "Council") adopted an ordinance on September 7, 2021 25 (the "Original CDA Ordinance"), creating the CDA and empowering it to, among other things, 26 assist in the acquisition, financing, funding, design, construction and equipping of the 27 infrastructure described in Exhibit D to the Original Petition (referred to herein as the "Original 28 Infrastructure"); 29 30 WHEREAS, in the course of conducting the pre-development activities contemplated by 31 the Development Agreement, the parties have determined that (a) certain modifications to the 32 Development Agreement are necessary and appropriate to achieve successful completion of the 33 Project and(b)certain additional public infrastructure improvements described in Exhibit A to the 34 Addendum (the "Offsite Infrastructure") are necessary or desirable for development or 35 redevelopment within or affecting the Property or to meet the increased demands placed upon the 36 City as a result of development or redevelopment within or affecting the Property,which comprises 37 all of the land within the CDA District(as defined in the Original Petition); 38 39 WHEREAS, the Council adopted a resolution on November 16, 2021, (a) approving the 40 agreed upon modifications to the Development Agreement specified therein, (b) establishing the 41 Offsite Infrastructure as Capital Project #100606 and (c) appropriating $17,729,147 to fund the 42 costs of the Offsite Infrastructure(as detailed in Exhibit A to the Addendum); 43 44 WHEREAS, the Petitioner adopted a resolution on November 16, 2021, approving the 45 agreed upon modifications to the Development Agreement specified therein; 46 WHEREAS, in accordance with, and to give effect to, the agreed upon modifications to 47 the Development Agreement, the Petitioner, as the sole fee simple owner of the Property, has 48 submitted an Addendum to the Original Petition dated [ _, 2022] (the "Addendum" and, 49 together with the Original Petition,the"Amended Petition"),supplementing and amending certain 50 provisions of the Original Petition to request that the CDA be empowered to assist in the 51 acquisition, financing, funding, design, construction and equipping of the Offsite Infrastructure; 52 53 WHEREAS,the Council proposes to supplement and amend the provisions of the Original 54 CDA Ordinance to empower the CDA to assist in the acquisition, financing, funding, design, 55 construction and equipping of the Offsite Infrastructure; 56 57 WHEREAS,the empowerment of the CDA to assist in the acquisition,financing,funding, 58 design, construction and equipping of the Offsite Infrastructure (a) will benefit the citizens of the 59 City by promoting increased employment opportunities, a strengthened economic base, increased 60 tax revenues and additional business,retail, tourism and recreational opportunities and(b)will be 61 necessary or desirable for development or redevelopment within or affecting the CDA District or 62 to meet the increased demands placed upon the City as a result of development or redevelopment 63 within or affecting the CDA District; 64 65 WHEREAS, a public hearing has been held on March 15, 2022, by the Council on the 66 adoption of this Ordinance and notice has been duly provided as set forth in§§15.2-5104 and 15.2- 67 5156 of the Act; and 68 69 WHEREAS, the Petitioner has waived in writing its right to withdraw its signature from 70 the Addendum to the extent §15.2-5156(B) of the Act applies thereto; 71 72 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 73 OF VIRGINIA BEACH,VIRGINIA: 74 75 1. Additional Facilities and Services. Section 3 of the Original CDA Ordinance is 76 hereby supplemented to provide that the CDA shall also be formed for the purpose of acquiring, 77 financing, funding, designing, constructing, equipping and providing for the construction, 78 installation, operation, maintenance (unless dedicated to and accepted by the appropriate 79 governmental entity other than the CDA), enhancement, replacement, relocation and alteration of 80 all or portions of the public infrastructure, facilities and services identified on Exhibit A to the 81 Addendum. 82 83 2. Revised Articles of Incorporation. Attached hereto as Exhibit A are the proposed 84 Articles of Incorporation of the CDA(the"Revised Articles of Incorporation"). The City Manager 85 is authorized and directed to execute and file such Revised Articles of Incorporation on behalf of 86 the Council with the State Corporation Commission in substantially the form attached as Exhibit 87 A with such changes, including insubstantial changes to the boundary description of the CDA 88 District described therein, as the City Manager may approve. The City Manager is authorized to 89 approve such changes or corrections to the Revised Articles of Incorporation prior to filing with 90 the State Corporation Commission as do not change the purpose or function of the CDA as set 91 forth in the Original CDA Ordinance, as amended by this Ordinance (together, the "Amended 2 92 CDA Ordinance"), and in the Amended Petition. For the avoidance of doubt, the provisions of 93 this Section 2 shall supersede the provisions of Section 4 of the Original CDA Ordinance. 94 95 3. Capital Cost Estimates. The Council hereby finds, in accordance with §15.2- 96 5103(B) of the Act, that it is impracticable to include capital cost estimates, project proposals and 97 project service rates, except as preliminarily summarized in the Amended Petition. 98 99 4. Initial Membership of the Authority. Subsection 6(c) of Original Petition is 100 hereby amended to provide that the initial members of the CDA Board shall be as set forth in the 101 Revised Articles of Incorporation for the terms set forth therein. 102 103 5. Amendment of Plan of Finance; Issuance of Bonds and Incurrence of Other 104 Payment Obligations. Section 7 of the Original CDA Ordinance is hereby amended and restated 105 to read as follows: 106 107 "(a) The public infrastructure, facilities and services to be undertaken by or on 108 behalf of, the CDA, the City or the Petitioner as described herein and in the Amended 109 Petition shall be funded from all or some of the following sources: (i) bonds to be issued 110 by the CDA (collectively, the "Bonds") as well as other obligations of the CDA for the 111 payment of money (collectively, the "Other Payment Obligations" and, together with the 112 Bonds, the "CDA Obligations"); (ii) special assessments to be levied pursuant to §15.2- 113 5158(A)(5) of the Act; (iii) a special tax to be levied pursuant to §15.2-5158(A)(3) of the 114 Act; and (iv) contributions made by the City of certain tax revenues generated from the 115 property and activity within the CDA District as more particularly described in the 116 Development Agreement, as it may be amended, and in a memorandum of understanding 117 to be entered into by the CDA, the City, the Petitioner and the Developer. 118 119 (b) The CDA Obligations may be issued or incurred in one or more series, 120 provided that (i)the annual debt service on the Bonds may not exceed $5,000,000, (ii) the 121 Bonds may not be issued for a term longer than 23 years (with only interest payable for up 122 to the first three years and principal and interest payable over the final 20 years), (iii) the 123 Bonds must be structured to achieve level debt service over the final 20 years, (iv) the 124 aggregate principal amount of the Other Payment Obligations may not exceed$17,700,000 125 and (v) the Other Payment Obligations may not have a term longer than 40 years. The 126 proceeds from the sale of CDA Obligations will be used to (x) pay (A) the costs of the 127 infrastructure, facilities and services as described in the Amended CDA Ordinance and the 128 Amended Petition, (B) the costs of issuing or incurring the CDA Obligations and (C) 129 certain interest on the Bonds for a period of up to 36 months after the issuance of the Bonds 130 and(y) fund any required reserves in connection with the Bonds. 131 132 (c) Any CDA Obligations or any other financing arrangements entered into by 133 the CDA will be indebtedness of the CDA,will not be a debt or other obligation of the City 134 and will not constitute a pledge of the faith and credit of the City." 135 6. Effectiveness of Original CDA Ordinance. Except as supplemented and 136 amended by this Ordinance, all other provisions of the Original CDA Ordinance shall remain 137 unchanged. 3 138 139 7. Effective Date. This Ordinance shall take effect immediately. 140 141 8. Recordation of Ordinance. The Council hereby directs that a copy of this 142 Ordinance, together with a copy of the Original CDA Ordinance, be recorded in accordance with 143 §15.2-5157 of the Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney CA15686 R-1 March 3, 2022 The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance enacted at a regular meeting of the City Council of the City of Virginia Beach, Virginia,held on April 5, 2022. City Clerk, City of Virginia Beach, Virginia 4 EXHIBIT A Proposed Articles of Incorporation [To be Attached] 022764.0000279 EMF_US 88725662v3 Articles of Incorporation of Atlantic Park Community Development Authority The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended, adopts the following Articles of Incorporation for the Atlantic Park Community Development Authority and states as follows: Article I Name The name of this Authority is ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY (the"Authority"). Article II Organization Pursuant to an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "Council") on September 7, 2021, as amended by an ordinance adopted by the Council on April 5, 2022 (collectively, the "Ordinance"), the Authority shall be organized by the City of Virginia Beach,Virginia(the"City"),under the Virginia Water and Waste Authorities Act (Chapter 51,Title 15.2 of the Code of Virginia of 1950, as amended) (the"Act"), as a public body corporate and politic and a political subdivision governed by the laws of the Commonwealth of Virginia. Article III Members The affairs of the Authority shall be conducted by an authority board of a number of members equal to the number of members of the Council ("Authority Board"). The initial Authority Board members are as set forth in Exhibit A attached hereto and incorporated by reference. The initial and all subsequent members of the Authority Board shall be the then-current members of the Council. Each member of the Authority Board shall serve a term concurrent with their respective term as a member of the Council, including the initial members of the Authority Board who shall serve the terms of office set forth in Exhibit A hereto. No member of the Authority Board shall serve a term in excess of that permitted by §15.2-5113 of the Act,provided that any member of the Authority Board may be reappointed for one or more terms (consecutive or otherwise). The election of officers of the Authority shall be as set forth in the By-Laws of the Authority. Qualifications and appointment of members of the Authority Board shall be consistent with the requirements of the Act. The Authority Board shall have the powers and duties set forth in the Act and in these Articles of Incorporation and the By-Laws, to the extent that such powers and duties are not inconsistent with the Act. Article IV Principal Office The Authority's initial principal office shall be c/o City Manager, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One, 2401 Courthouse Drive, Virginia Beach,Virginia 23456. The Authority may conduct its business and maintain offices for such purposes at such other places within or without the City as may from time to time be deemed advisable by the Authority Board, and not in conflict with the requirements of the Act. Article V Authority District The land initially encompassed within the Authority is set forth in Exhibit B attached hereto (the "Initial Authority District") provided that the boundaries of the Initial Authority District (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Act and (b) may be adjusted by the City to exclude certain land as long as the owners of at least fifty- one percent (51%) of the land area or assessed value of land that will remain in the Authority district after the adjustment originally petitioned for the creation of the Authority. Article VI Purposes and Powers The Authority is organized for the purpose of exercising all powers granted by the Act, including acquiring, financing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the Authority), enhancement, replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services generally described in the Petition to create the Authority, as amended by the Addendum, each attached hereto as Exhibit C. The Authority shall have all powers granted to a "community development authority"under the Act. Article VII Not-for-Profit The Authority shall not be organized or operated for pecuniary gain or profit. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable to any member, director, officer, or any other private person, except that the Authority shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments in furtherance of the purposes set forth in Article VI. -2- Article VIII Amendment of Articles These Articles of Incorporation may be amended at any time and from time to time by the Council as now or hereafter prescribed by the Act. Article IX Registered Office and Registered Agent The address of the initial registered office of the Authority is do Mark D. Stiles, City Attorney, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One,2401 Courthouse Drive,Virginia Beach,Virginia 23456. The initial Registered Agent of the Authority is Mark D. Stiles, whose business address is identical to that of the initial registered office and who is a resident of Virginia and a member of the Virginia State Bar. Article X Initial Members The names and addresses of the initial members of the Authority Board are as set forth on the attached and incorporated Exhibit A. Article XI Indemnification (a) For purposes of this Article XI the following definitions shall apply: (i) "expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification; (ii) "liability"means the obligation to pay a judgment, settlement,penalty,fine, or other such obligation; (iii) "legal entity" means a corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise; and (iv) "proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal. (b) In every instance in which the Virginia Nonstock Corporation Act, as it exists on the date hereof or may hereafter be amended, permits the limitation or elimination of liability of -3- directors or officers of a corporation to the corporation, the members, directors and officers of the Authority shall not be liable to the Authority. (c) The Authority shall indemnify any individual who is, was or is threatened to be made a party to a proceeding (including a proceeding by or in the right of the Authority)because such individual is or was a member,director or officer of the Authority or because such individual is or was serving the Authority or any other legal entity in any capacity at the request of the Authority while a member,director or officer of the Authority,against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a member, director or officer of a legal entity controlled by the Authority shall be deemed service at the request of the Authority. The determination that indemnification under this paragraph (c) is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a member or director, as provided by law, and in the case of an officer, as provided in Section(d)of this Article;provided,however,that if a majority of the members of the Authority has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, be made by special legal counsel agreed upon by the Authority Board and such person. Unless a determination has been made that indemnification is not permissible, the Authority shall make advances and reimbursements for expenses incurred by a member, director or officer in a proceeding upon receipt of an undertaking from such member, director or officer to repay the same if it is ultimately determined that such member,director or officer is not entitled to indemnification. Such undertaking shall be an unlimited, unsecured general obligation of the member, director or officer and shall be accepted without reference to such member's, director's or officer's ability to make repayment. The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that a member, director or officer acted in such a manner as to make such member, director or officer ineligible for indemnification. The Authority is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its members, directors or officers to the same extent provided in this paragraph (c). (d) The Authority may, to a lesser extent or to the same extent that it is required to provide indemnification and make advances and reimbursements for expenses to its members, directors and officers pursuant to paragraph (c) of this Article, provide indemnification and make advances and reimbursements for expenses to its employees and agents, the members, directors, officers, employees and agents of its subsidiaries and predecessor entities, and any person serving any other legal entity in any capacity at the request of the Authority, and may contract in advance to do so. The determination that indemnification under this paragraph (d) is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Authority Board, which action may be taken before or after a claim for indemnification is made, or as otherwise provided by law. No person's rights under paragraph (c) of this Article shall be limited by the provisions of this paragraph(d). (e) The rights of each person entitled to indemnification under this Article shall inure to the benefit of such person's heirs, executors and administrators. Special legal counsel selected -4- to make determinations under this Article may be counsel for the Authority. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled, including indemnification pursuant to a valid contract, indemnification by legal entities other than the Authority and indemnification under policies of insurance purchased and maintained by the Authority or others. However,no person shall be entitled to indemnification by the Authority to the extent such person is indemnified by another, including an insurer. The Authority is authorized to purchase and maintain insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their service to the Authority or any other legal entity at the request of the Authority regardless of the Authority's power to indemnify against such liability. The provisions of this Article shall not be deemed to preclude the Authority from entering into contracts otherwise permitted by law with any individuals or legal entities, including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable. (f) No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring before the adoption of such amendment, modification or repeal. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -5- IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorporation as of the day of , 2022, as duly authorized by Ordinance adopted by the City Council of the City of Virginia Beach, Virginia, on September 7, 2021, as amended by Ordinance adopted by the City Council of the City of Virginia Beach, Virginia, on April 5, 2022. By: City Manager, City of Virginia Beach, Virginia -6- Exhibit A Names and Addresses of Initial Members Name and Address Term of Office Commences Expires' Michael Berlucchi 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Linwood Branch 10/6/21 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Robert M. Dyer 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Barbara Henley 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 N.D. Holcomb 08/13/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Louis Jones 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 (1)Each member's term shall expire on the date shown above unless such member ceases to serve on the Council prior to such date,in which case such member's term shall expire on the date such member ceases to serve on the Council. 01/01/19 12/31/22 John Moss City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Aaron R. Rouse 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Guy King Tower 11/06/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Rosemary Wilson 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Sabrina Wooten 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 ZO8i7-LO-LZtZ SZ9S-LO-LZiZ LSLt-LO-LZtZ I69t-LO-L7t £88f-LO-LZi7Z Si79t'-LO-LZt'Z L£LC-LO-LZtZ LI Si-LO-LZtZ £98S-LO-LZt7Z 099£-LO-LZi 0669-LO-LZt'Z 9£S£-LO-LZtZ 8089-LO-LaZ 699£-LO-LZt'Z LOLL-LO-LZtZ I I L£-LO-LZtZ I t 9Z-L I-LZt'Z SOL£-LO-LZtZ 9 I SO-L I-LZtZ 068Z-LO-LZ17Z tZS6-LO-LaZ L9L£-LO-LZt' £S80-L I-LZt'Z (sNIId9)snquznM pared dew xis, plj3slq kiuogpny pq uI Jo uoi3dpasa0 g jjgigxg Exhibit C Petition to Create Authority and Addendum [To be Attached] 022764.0000279 EMF_US 85728599v5 /r' ��rN¢15A,;.BFgCb r4 ty'--6-4,�4j (sr. 7 82 4}u oe .15. dov ,zet ......„,,,,_4„ ,. pay„.::„ ,,, PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on Tuesday, March 15, 2022, in the City Council Chamber regarding a proposed café franchise agreement for City-owned property located at the following locations: 1. 1508 Atlantic Avenue to Ocean Fifteen,Inc.,t/a Mediterranean Grill Café,for a Sidewalk(Atlantic to Pacific) Café. 2. 1700 Atlantic Avenue to Virginia George Co.,Inc.,t/a Dough Boys Café,for a Sidewalk(Atlantic to Pacific)Café. 3. 1718 Atlantic Avenue to Beach Conveniance,LLC,t/a The Sweet Spot Café,for a Sidewalk(Atlantic to Pacific)Café. 4. 21121.,Street to Young Veterans,LLC,t/a The Bunker Brewpub Café,for a Sidewalk(Atlantic to Pacific)Café. 5. 615 Atlantic Avenue to Mahi Mah's,LLC,t/a Mahi's Café, for a Boardwalk Café. 6. 3107 Atlantic Avenue to 3107 Atlantic,LLC,t/a North Beach Bar and Pizza Café,for a Boardwalk Café. 7. 1905 Atlantic Avenue to Osprov Respublik,Inc.,t/a Oceanhouse Waterfront Café,for a Boardwalk Café. 8. 2207 Atlantic Avenue to Osprov Respublik,Inc.,t/a Johnny Mananas Café,for a Boardwalk Café. 9. 809 Atlantic Avenue to ARNAV 138 Hotel,LLC,t/a Barclay Towers Cafe,for a Boardwalk Café. 10. 1101 Atlantic Avenue to Atlantic Sands,Inc.,t/a Calypso Café,for a Boardwalk Café. 11. 2901 Atlantic Avenue to Atlantic Enterprises,Inc.,t/a Oceanfront Inn Café,for a Boardwalk Café. 12. 3301 Atlantic Avenue to Four Sails Timeshare Owners Association,Inc.,t/a Katie's at 33,d Street,for a Boardwalk Café. 0 13. 2006 Atlantic Avenue to La Herradura 4,LLC,t/a La Herredura Café,for a Sidewalk(Atlantic to Pacific)Café. 14. 2224 Atlantic Avenue to Ahata,Inc.,t/a Pier 23 Café.for a Sidewalk(Atlantic to Pacific)Café. 15. 3224 Atlantic Avenue to Virginia George Co.,Inc.t/a Dough Boys Café,for a Sidewalk(Atlantic to Pacific)Café. 16. 203 22 d Street to Tampico Enterprises,Inc.,t/a Abbey Road Café,for a Sidewalk(Atlantic to Pacific)Café. 17. 206 22r:d Street to Luna Sea,Inc.,t/a Luna Sea Café,for a Sidewalk(Atlantic to Pacific)Café. The purpose of the hearing will be to obtain public comment on the proposed franchise agreements on City property. Copies of the franchise agreements are on file in the City Clerk's office.The City Council Chamber is located on the second floor of the City Hall building(Building#1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchises should be directed to Lisa Bleakley,Resort Management Office,by calling(757)385-4800. 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: httus.lvugov.weoex.coirJvug)vi Onstageig-unu?MTiU=eb ,. 4d 1(16 0dead8e73716128684a93bF 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 15,2022. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired,call:TDD only 711(TDD-Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-MARCH 6,2022 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances/Resolution re Taxpayer Relief: a. REQUESTED BY COUNCIL MEMBER MOSS 1. Ordinance to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools re "Taxpayer Dividend" and to provide revenue (Deferred from March 1, 2022) Council Member Moss Requests Withdrawal b. STAFF RECOMMENDATION 1. Resolution to CONCUR with Personal Property Assessment Methodology for vehicles in Calendar Year 2022 Proposed by the Commissioner of the Revenue 2. Ordinance to AMEND Calendar Year 2022 Tax Levy on Personal Property and Machines and Tools 2. Ordinances to AMEND the Calendar Year 2022 Tax Levy on Personal Property and Machine and Tools and to provide Revenue Offsets (Requested by Council Member Rouse) re: a. Tangible Personal Property of a Business that qualifies for Business License Incentive Program for New Businesses b. Motor Vehicle owned and used primarily by or for someone at least sixty-five years of age or anyone found to be permanently and totally disabled 3. Resolution to REFER to Planning Commission an Ordinance to ADD Section 209.5, DELETE Section 242.1 and AMEND Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing establishments as permitted uses in the B-2 Zoning District (Requested by Vice Mayor Wilson and Council Member Berlucchi) 4. Resolution to REVISE Membership of the 5/31 Memorial Committee (Requested by Council Members Berlucchi and Wooten) 5. Resolution to CREATE a Permanent Memorial for DeShayla Harris (Requested by Council Member Wooten) 6. Resolution to CREATE a Memorial for Victims of Gun Violence(Requested by Council Member Wooten) 7. Ordinance to GRANT seventeen (17) Franchise Agreements re outdoor café in the Resort Area: a. Ocean Fifteen, Inc.,t/a Mediterranean Grill Café re sidewalk(Atlantic to Pacific) café at 1508 Atlantic Avenue b. Virginia George Co., Inc.,t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café at 1700 Atlantic Avenue c. Beach Convenience, LLC, t/a The Sweet Spot Café re sidewalk(Atlantic to Pacific) café at 1718 Atlantic Avenue d. Young Veterans, LLC, t/a The Bunker Brewpub re sidewalk(Atlantic to Pacific) café Café at 211 21 St Street e. ARNAV 138 Hotel, LLC, t/a Barclay Towers Café re boardwalk café at 809 Atlantic Avenue f. La Herradura 4, LLC,t/a La Herradura Café re sidewalk(Atlantic to Pacific) café at 2006 Atlantic Avenue g. Mahi Mah's, LLC,t/a Mahi's Café re boardwalk café at 615 Atlantic Avenue h. 3107 Atlantic, LLC,t/a North Beach Bar and Pizza Café re boardwalk café at 3107 Atlantic Avenue i. Osprov Respublik, Inc.,t/a Oceanhouse Waterfront Café re boardwalk café at 1905 Atlantic Avenue j. Osprov Respublik, Inc.,t/a Johnny Mananas Café re boardwalk café at 2207 Atlantic Avenue k. Atlantic Sands, Inc., t/a Calypso Café re boardwalk café at 1101 Atlantic Avenue 1. Atlantic Enterprises, Inc., t/a Oceanfront Inn Café re boardwalk café at 2901 Atlantic Avenue m. Four Sails Timeshare Owners Association, Inc.,t/a Katie's at 33rd Street re boardwalk café at 3301 Atlantic Avenue n. Ahata, Inc.,t/a Pier 23 Café re sidewalk(Atlantic to Pacific) café at 2224 Atlantic Avenue o. Virginia George Co., Inc., t/a Dough Boys Café re sidewalk(Atlantic to Pacific) café at 3224 Atlantic Avenue p. Tampico Enterprises, Inc.,t/a Abbey Road Café re sidewalk(Atlantic to Pacific) café at 203 22nd Street q. Luna Sea, Inc., t/a Luna Sea Café re sidewalk(Atlantic to Pacific) café at 206 22nd Street 8. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code re Changing Name of Polling Place from Landstown Community Church to Restoration Church at Landstown 9. Ordinance to APPROVE the assignment of the Franchise re operation and maintenance of the Virginia Beach Fishing Pier to VB Fishing Pier, LLC 10. Resolution to AUTHORIZE the City Manager and City Clerk to place an Advertisement re various Permit and Inspection Fee increases as part of the FY 2022-23 Budget Process 11. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned Property: a. Known as Bass Inlet located at the rear of 2909 Sandpiper Road re construct and maintain a wooden pier and boat lift District 2 (Formerly District 7 - Princess Anne) b. Known as Treasure Canal located at the rear of 2209 Leeward Shore Drive re construct and maintain boat lift, timber pier and rip rap revetment District 8 (Formerly District 5 - Lynnhaven) 12. Ordinance to EXTEND the Sunset Date to April 5, 2023, re residential parking in the Historic Cavalier Shores Neighborhood 13. Ordinance to ACCEPT $15,604 from the Virginia Aquarium Foundation and APPROPRIATE to Capital Project #100463, "Virginia Renewal and Replacement III," re refurbish the Ray Touch Pool Exhibit e*------:'.1, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools for a "Taxpayer Dividend" and to Provide Revenue Offsets MEETING DATE: March 15, 2022 • Background: Councilmember Moss has proposed a "Taxpayer Dividend" for residents' June 2022 personal property tax bills. The public hearing upon the initial proposal for $13,200,000 in tax relief included testimony from the Commissioner of the Revenue. As related by the Commissioner, the value of personal property in the City has increased in an amount that would yield $60,000,000 in increased personal property tax billings. The City's collection rate for vehicles is between 72% and 78%, so the anticipated increase in actual revenue this fiscal year is $43,400,000. Councilmember Moss has proposed an amendment to the "Taxpayer Dividend" to avoid a windfall of $43,400,000 from an unprecedented increase in the valuation of vehicles. This item was discussed at the March 1st Formal Session and deferred to March 15th • Considerations: In the attached ordinance, the tax avoidance is provided through the percentage applied to a portion of vehicle valuations (between $1,000 and $20,000) that is subject to relief through the Personal Property Tax Relief Act, (Va. Code §§ 58.1-3523, et seq). The portion of the valuation of qualifying vehicles between $1,000 and $20,000 subject to personal property taxes would be reduced from 54.5% to 30.9%. While one should not assume assessments stay the same for individual vehicles because of the change in the market, the amount of tax applied to the first $20,000 of assessed personal property would be reduced from $436 to $247. The Commissioner of the Revenue and the City Treasurer have indicated that the implementation of this request will not require additional resources for programming and/or printing. On tax bills, the local tax relief would be bundled with the state tax relief, so personal property tax bills will have one line providing the collective tax relief. The revenue offset for this proposed action is provided by the increase in the personal property book value noted by the Commissioner of the Revenue as adjusted by the anticipated rate of collection. • Public Information: Public information will be provided through the normal Council agenda process. An earlier version of item was the subject of public comment at the February 15, 2022 Formal Session. • Attachments: Ordinance Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS FOR A "TAXPAYER 4 DIVIDEND" AND TO PROVIDE REVENUE OFFSETS 5 6 WHEREAS, Councilmember Moss has previously proposed a "Taxpayer Dividend" 7 for residents' June 2022 personal property tax bills; 8 9 WHEREAS, in the intervening weeks, the Commissioner of the Revenue has 10 reported the total valuation of vehicles has increased substantially and would result in an 11 additional $60 million of tax billings from the increase in the personal property book value; 12 13 WHEREAS, because the City's collection rate for vehicles is between 72% and 14 78%, inaction by the City Council would lead to an anticipated increase in actual revenue 15 in this fiscal year of $43,400,000; 16 17 WHEREAS, this action is needed to avoid a windfall of $43,400,000 from an 18 unprecedented increase in the valuation of vehicles; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby amends An Ordinance Establishing the Tax Levy on 24 Personal Property and Machinery and Tools for the Calendar Year 2022 to provide the 25 following text in Section 2: 26 "Sec. 2. Personal Property Tax Relief. 27 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as 28 defined by § 58.1-3523), not otherwise exempted from taxation in this ordinance 29 or by law, shall be subject to the following: 30 1 . Any qualifying vehicle with a total assessed value of$1,000 or less will be levied 31 no tax, reflecting a reimbursement of 100% Personal Property Tax Relief Act. 32 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 33 will be levied at 30.9% 54.5% of the computed tax based on the total assessed 34 value of the vehicle. Reimbursement is expected from the Commonwealth 35 under the Personal Property Tax Relief Act equal to the remaining 69.1 36 /15.5% of the computed tax on the first $20,000 of assessed value. 37 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 38 30.9% 54 5% of the computed tax based on the first $20,000 of assessed value 39 and 100% of the computed tax based on the assessed value in excess on 40 $20,000. Reimbursement is expected from the Commonwealth under the 41 Personal Property Tax Relief Act equal to the remaining 69.1% /15.5% of the 42 computed tax on the first $20,000 of assessed value." 43 44 BE IT FURTHER ORDAINED, THAT: 45 46 The revenue offset for the above is provided by the increase in the personal 47 property book value noted by the Commissioner of the Revenue as adjusted by 48 anticipated rate of collection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: A rney's Office CA15637 R-5 February 24, 2022 o-tjj CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Concurring with the Personal Property Assessment Methodology for Vehicles in Calendar Year 2022 Proposed by the Commissioner of the Revenue (2) An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools MEETING DATE: March 15, 2022 • Background: The Virginia Constitution requires tax assessments to be uniform and to reflect fair market value. The Calendar Year market for vehicles has been distorted by supply chain, semiconductor chip shortages, and labor constraints. The cumulative effect of these distortions is an unprecedented increase in the valuation of vehicles, particularly used vehicles. Vehicles typically depreciate in value, but that is not the case in the current environment. The City Council, with input from the Commissioner Kellam, the Department of Budget and Management Services, Councilmember Moss, and the public, has discussed various approaches to mitigating the impacts of the valuations of vehicles to the upcoming personal property tax bills. As related by the Commissioner of the Revenue, the City Council has to act at its March 1 5th meeting to avoid a windfall in an anticipated amount of$43 million from the June personal property tax billings. • Considerations: This agenda item reflects the Staff's recommendation to address the upcoming personal property bills. This approach also is supported by the Commissioner of the Revenue. Two interdependent actions are required to enact this recommendation. First, there is a resolution wherein the City Council concurs with the Commissioner of the Revenue's imposition of a ratio to the pricing guide in the assessment of vehicles. This action will allow the Commissioner to reduce what he believes are inflated and distorted valuations in the pricing guide. The reduction of 25% brings valuations in line with a historical average growth. Second, there is an amendment to the Calendar Year 2022 Personal Property Tax Levy Ordinance to adjust to apportionment of the funds contributed by the Commonwealth for the Personal Property Tax Relief Act. This action is necessary to rebalance the percentage contribution to address the mid-year changes to personal property values. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached resolution and ordinance. • Attachments: Resolution; Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: (139 STAFF RECOMMENDATION 1 A RESOLUTION CONCURRING WITH THE PERSONAL 2 PROPERTY ASSESSMENT METHODOLOGY FOR 3 VEHICLES IN CALENDAR YEAR 2022 PROPOSED BY THE 4 COMMISSIONER OF THE REVENUE 5 6 WHEREAS, the Virginia Constitution requires tax assessments to be both uniform 7 and reflect fair market value; 8 9 WHEREAS, the Calendar Year 2022 market for vehicles has been distorted by 10 supply chain, semiconductor chip shortages, and labor constraints, and for purposes of 11 this resolution, "motor vehicles" includes those subclassifications of personal property set 12 forth in Virginia Code § 58.1-3503(A)(3), (4), (5), (7), (9) and (10); 13 14 WHEREAS, the Commissioner of the Revenue (the "Commissioner") typically 15 makes reference to a pricing guide when valuing vehicles for purposes of personal 16 property taxes; and 17 18 WHEREAS, the Commissioner believes the present market issues are not 19 permanent, and in an effort to avoid reflecting the magnitude of the distortion in the 20 Calendar Year 2022 vehicle assessments, the Commissioner believes fair market value 21 is better reflected by applying a 25% declination to the values in the pricing guide; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That, pursuant to Virginia Code § 58.1-3503(B), the City Council concurs with the 27 Commissioner's proposed use of an assessment ratio in addition to the pricing guide for 28 the Calendar Year 2022 motor vehicle assessments in furtherance of achieving fair 29 market value. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci Attorney's Office CA15699 R-3 March 3, 2022 STAFF RECOMMENDATION 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS 4 5 WHEREAS, the Staff recommendation is to follow the approach urged by the 6 Commissioner of the Revenue, which takes a fair market value approach to the 7 unprecedented increases in the pricing guide valuations of vehicles; 8 9 WHEREAS, to implement the Staff recommendation, an adjustment to the 10 Calendar Year Personal Property Tax Relief Act percentage is required; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA, THAT: 14 15 The City Council hereby amends An Ordinance Establishing the Tax Levy on 16 Personal Property and Machinery and Tools for the Calendar Year 2022 to provide the 17 following text in Section 2: 18 19 "Sec. 2. Personal Property Tax Relief. 20 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as 21 defined by § 58.1-3523), not otherwise exempted from taxation in this ordinance 22 or by law, shall be subject to the following: 23 1. Any qualifying vehicle with a total assessed value of$1,000 or less will be levied 24 no tax, reflecting a reimbursement of 100% Personal Property Tax Relief Act. 25 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 26 will be levied at 49.2% 54 5% of the computed tax based on the total assessed 27 value of the vehicle. Reimbursement is expected from the Commonwealth 28 under the Personal Property Tax Relief Act equal to the remaining 50.8% 29 '15.5% of the computed tax on the first $20,000 of assessed value. 30 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 31 49.2%5 ,5% of the computed tax based on the first $20,000 of assessed value 32 and 100% of the computed tax based on the assessed value in excess on 33 $20,000. Reimbursement is expected from the Commonwealth under the 34 Personal Property Tax Relief Act equal to the remaining 50.8% /15.5% of the 35 computed tax on the first $20,000 of assessed value." 36 37 BE IT FURTHER ORDAINED, THAT: 38 39 This ordinance is effective January 1, 2022, to allow it to be reflected in the bills 40 due on June 5, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � e Budget and Management Services ttor ey's Office CA15720 R-1 March 3, 2022 ,-�,\4 ., ri,r7 'AI CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: (1) An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Set the Tax Rate for Tangible Personal Property of a Business that Qualifies for the Business License Incentive Program for New Businesses and to Provide Revenue Offsets (2) An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Set the Tax Rate for a Motor Vehicle Owned and Used Primarily by or for Someone at least Sixty-Five Years of Age or Anyone Found to be Permanently and Totally Disabled and to Provide Revenue Offsets MEETING DATE: March 15, 2022 • Background: This item was deferred at the December 14, 2021, Meeting. The formal action was a deferral to May 10, 2022, for consideration as part of the FY 2022- 23 Budget process. However, Councilmember Rouse has requested it be placed on the agenda on March 15, 2022, so the City Council can consider it prior to the issuance of the personal property bills due in June. There are two personal property tax proposals. First, there would be personal property tax relief for new businesses. This is a companion program to the current Business License Incentive Program that the City Council requested in its 2011 Legislative Agenda. For a qualifying business that locates to the City for the first time, the personal property would be taxed at a rate of $0.00001 per $100 of assessed value. Second, the current relief provided to elderly and disabled taxpayers reduces the tax rate from $4.00 to $3.00. The attached ordinance would further reduce the rate to $0.000001 per $100 of assessed value. • Considerations: Each of these proposals will require an offset for reduced revenue. The new business program would require $265,516, and the elderly and disabled rate update would require $70,616. The proposed source for such offsets is the fund balance of the General Fund. These items are presented with a January 1, 2022 effective date, which would allow the changes to be reflected in the personal property tax bills due in June. • Public Information: Normal Council agenda process. • Attachments: Ordinances (2); Commissioner of the Revenue Summaries (2) REQUESTED BY COUNCILMEMBER ROUSE REQUESTED BY COUNCILMEMBER ROUSE 1 2 AN ORDINANCE TO AMEND THE CALENDAR YEAR 3 2022 TAX LEVY ON PERSONAL PROPERTY AND 4 MACHINERY AND TOOLS TO SET THE TAX RATE 5 FOR TANGIBLE PERSONAL PROPERTY OF A 6 BUSINESS THAT QUALIFIES FOR THE BUSINESS 7 LICENSE INCENTIVE PROGRAM FOR NEW 8 BUSINESSES AND TO PROVIDE REVENUE 9 OFFSETS 10 11 WHEREAS, the City Council requested and received legislation in 2011 that 12 allowed localities to provide business license tax reductions for new businesses and 13 businesses that relocate to a city, county, or town; 14 15 WHEREAS, the City Council enacted the Business License Incentive Program 16 for New Businesses on June 28, 2011; 17 18 WHEREAS, in addition to relief for business license taxes, the General Assembly 19 has separately classified the tangible personal property of businesses that meet the 20 definition of "qualifying businesses" for purposes of the Business License Incentive 21 Program for New Businesses; 22 23 WHEREAS, a separate tax classification allows the City Council to adopt a tax 24 rate for tangible personal property that is lower than the tax rate for the general 25 classification of tangible personal property; 26 27 WHEREAS, the City Council desires to separately classify tangible personal 28 property of businesses that qualify for the Business License Incentive Program for New 29 Businesses; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 1. The Ordinance Establishing the Tax Levy on Personal Property and Machinery 35 and Tools for the Calendar Year 2022 is hereby amended to add new Section17 36 to read as follows: 37 38 Sec. 17. Tangible Personal Property of a Business that Qualifies for the 39 Business License Incentive Program for New Businesses. 40 The tax rate applicable to the tangible personal property of a business that 41 qualifies for the Business License Incentive Program for New Businesses, such 42 classification authorized by § 58.1-3506(A)(45), shall be one millionth of one cent 43 ($0.000001) per $100 of assessed value. This tax classification shall apply for 44 the first two tax years in which the qualifying business is subject to tax upon its 45 personal property in the City of Virginia Beach. 46 47 2. To provided offsets for this ordinance, $265,516 is hereby provided from the fund 48 balance of the General Fund to the revenue anticipated from personal property 49 taxes. 50 51 3. The effective date of this ordinance is January 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: mmissi ,er f the Revenue ' i orne s Office CA15501 R-2 March 3, 2022 4' Commissioner of the Revenue U A t:''' City Hall cc i .:4; 2401 Courthouse Drive �,�`� 44 Virginia Beach,VA 23456-9002 4`'""`"" Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for New Businesses Summary Proposal Adjust the Business Tangible Property ("BTP")Tax rate to a $0.000001 (millionth)of a cent for two years on all classes of qualifying new businesses. This proposal will encourage diversification and new business development in the post COVID economy. This will cut taxes on average by$1,619 on 164 new businesses and reduce BTP revenue by $256,516. Details Number of Average Qualifying Total Assessed Assessed Loss in Businesses Value of BTP Value Average Tax Revenue 164 $16,595,003 $101,189 $1,619 $265,516 REQUESTED BY COUNCILMEMBER ROUSE 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS TO SET THE TAX RATE 4 FOR A MOTOR VEHICLE OWNED AND USED 5 PRIMARILY BY OR FOR SOMEONE AT LEAST SIXTY- 6 FIVE YEARS OF AGE OR ANYONE FOUND TO BE 7 PERMANENTLY AND TOTALLY DISABLED AND TO 8 PROVIDE REVENUE OFFSETS 9 10 WHEREAS, the General Assembly has created a separate tax classification that 11 allows the City Council to adopt a tax rate lower than the tax rate applicable to the general 12 classification of tangible personal property for a motor vehicle owned and used primarily 13 by or for someone at least sixty-five years of age or anyone found to be permanently and 14 totally disabled; 15 16 WHEREAS, the City Council desires to lower the applicable rate for such vehicle 17 from the rate established as part of the FY2021-22 Operating Budget; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The Ordinance Establishing the Tax Levy on Personal Property and Machinery 23 and Tools for the Calendar Year 2022 is hereby amended to read as follows: 24 25 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or 26 for Someone at Least Sixty-Five Years of Age or Anyone Found to be 27 Permanently and Totally Disabled. 28 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of 29 Virginia, there shall be a reduced tax, levied and collected for general 30 purposes for calendar year 2022, at the rate of one millionth of one cent 31 ($0.000001) three dollars ($3.00) on each one hundred dollars ($100.00) 32 of assessed valuation, on one (1) automobile or pickup truck owned and 33 used primarily by or for anyone at least sixty-five years of age or anyone 34 found to be permanently and totally disabled, as defined in Section 58.1- 35 3506.3 of the Code of Virginia, subject to the following conditions: 36 1. The total combined income received, excluding the first $7,500 of 37 income, from all sources during calendar year 2020 by the owner of the 38 motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 39 2. The owner's net financial worth, including the present value of all 40 equitable interests, as of December 31 of calendar year 2020, excluding the 41 value of the principal residence and the land, not exceeding one (1) acre, 42 upon which it is situated, shall not exceed seventy thousand dollars 43 ($70,000). 44 3. All income and net worth limitations shall be computed by 45 aggregating the income and assets, as the case may be, of married 46 individuals who reside in the same dwelling and shall be applied to any 47 owner of the motor vehicle who seeks the benefit of the preferential tax rate 48 permitted under this ordinance, irrespective of how such motor vehicle may 49 be titled. 50 b. Any such motor vehicle owned by married individuals may qualify if 51 either spouse is sixty-five or over or if either spouse is permanently and 52 totally disabled, and the conditions set forth in subsection (a) have been 53 satisfied. 54 55 2. To provided offsets for this ordinance, $70,616 is hereby provided from the fund 56 balance of the General Fund to the revenue anticipated from personal property 57 taxes. 58 59 3. The effective date of this ordinance is January 1 , 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • • j4,tit / Cortmissione f th Revenue VC' y A nffice CA15511 R-2 March 3, 2022 .T. tit .;, 4. . : Commissioner of the Revenue E.C � ill City Hall i `�?... ,�'` 2401 Courthouse Drive per Virginia Beach,VA 23456-9002 "" Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for Senior and Disabled Taxpayers Summary Proposal Adjust the Personal Property Tax rate to 0.000001 (millionth of cent) and provide substantive tax relief to our most vulnerable class of taxpayers. This will cut taxes on average by$143 on 918 taxpayers and reduce personal property tax revenue $70,616. Background Virginia Beach provides Personal Property Tax Relief for Senior or Disabled residents who are so qualified: 1. 65 years or older by December 31 —OR—Permanently and totally disabled as certified by the Social Security Administration or 2 doctors 2. Annual gross income cannot exceed $29,500 3. Total assets cannot exceed $70,000, excluding the value of your home and up to 1 acre of land Current Relief Details @$3.00 reduced tax rate rather than @$4.00 general tax rate Number of Loss in Qualified Assessed Total Average Revenue `ype Taxpayers Value Tax Relief Revenue Tax from $4 to $3 Elderly& Disabled 918 $4,690,013 $60,813 $131,429 i $143 $23,538 Proposed Relief Details @ one millionth of a cent($0.000001)tax rate: Number of Additional Qualified Assessed Total Average Loss in Type Taxpayers Value Tax Relief Revenue Tax Revenue Elderly& Disabled 918 $4,690,013 $131,429 1 $0 $0 $70,616 I'04SR'i"�.e G7 <<, frJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission an Ordinance to Add Section 209.5, Delete Section 242.1 and Amend Section 901 of the City Zoning Ordinance Pertaining to Tattoo Parlors and Body Piercing Establishments as Permitted Uses in the B-2 Zoning District MEETING DATE: March 15, 2022 • Background: Vice-Mayor Wilson and Councilmember Berlucchi have requested an ordinance that will make tattoo parlors and body piercing establishments a Permitted (by-right) use in the B-2 Zoning Ordinance. This would include micro-blading or permanent makeup as a permitted use under tattoo parlors. • Considerations: This amendment would give some relief to the small businesses in the city and make it easier to be successful as a small business. There have been no complaints regarding the tattoo parlors and body piercing establishments that received a CUP previously. This Resolution will send the draft ordinance to the Planning Commission for public comment and a recommendation. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Send the draft Ordinance to the Planning Commission for public comment and a recommendation. • Attachments: Resolution Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager: 1 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBER 2 BERLUCCHI 3 4 A RESOLUTION REFERRING TO THE PLANNING 5 COMMISSION AN ORDINANCE TO ADD SECTION 209.5, 6 DELETE SECTION 242.1, AND AMEND SECTION 901 OF 7 THE CITY ZONING ORDINANCE PERTAINING TO TATTOO 8 PARLORS AND BODY PIERCING ESTABLISHMENTS AS 9 PERMITTED USES IN THE B-2 ZONING DISTRICT 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 WHEREAS, concern has been expressed that the requirement for a conditional use 15 permit for all tattoo parlors and body piercing establishments in the City, including those 16 establishments only practicing permanent makeup, is excessive in today's atmosphere 17 toward tattoos; and 18 19 WHEREAS, there have been no problems at the parlors with conditional use permits, 20 and the elimination of specific City Council approval will be a benefit to these small business 21 owners; and 22 23 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 24 VIRGINIA: 25 26 There are hereby referred to the Planning Commission, for its consideration and 27 recommendation the ordinances attached hereto. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the Planning Commission be, and hereby is, directed in accordance with Virginia 33 Code Section 15.2-2229 to transmit to the City Council its recommendations concerning the 34 aforesaid amendments no later than one hundred (100)days after the date of the adoption 35 of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia,on the . day of , 2022. 1 APPROVED AS TO LEGAL SUFFICIENCY: q:)) L>11004 City Attorney's Office CA15710 R-1 February 24, 2022 2 1 AN ORDINANCE TO ADD SECTION 209.5, 2 DELETE SECTION 242.1 AND AMEND 3 SECTION 901 OF THE CITY ZONING 4 ORDINANCE PERTAINING TO TATTOO 5 PARLORS AND BODY PIERCING 6 ESTABLISHMENT AS PERMITTED USES IN 7 THE B-2 ZONING DISTRICT 8 9 Section Added: § 209.5 10 Section Deleted: § 242.1 11 Section Amended: § 901 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 209.5 of the City Zoning Ordinance is hereby added, Section 242.1 20 is deleted, and Section 209.5 is hereby amended and reordained to read as follows: 21 22 Section 209.5. Tattooing, tattoo parlors and Body Piercing Establishments. 23 24 1. Any Tattoo Parlor or Body Piercing Establishment permitted under this zoning 25 ordinance shall comply with the applicable requirements of Chapter 23 of the City 26 Code. 27 28 2. The application of tattoo or body piercings shall occur only in areas not visible from 29 the exterior of the establishment or from the waiting and sales area within the 30 establishment. 31 32 3. Any on-site signage for the establishment shall meet the requirements of Article II, 33 Part B of the City Zoning Ordinance. Building signage designed to be a "box sign" 34 and signage for windows shall not be permitted. A separate sign permit shall be 35 obtained from the Planning Department for installation of any new signs. 36 37 . . . . 38 39 . Reserved. 40 41 42 uses in the B 2 Community Busine Dlstiict, and, tattoo parleys and body piercing 43 establishments shall be subject to the requirements pertaining to tattoo parlors and 44 body piercing establishments set forth in Chapter 23 of the City Code, which 45 requirements shall be deemed 4e be conditions of the conditional use permit. 46 47 . . . . 48 49 Sec. 901. Use regulations. 50 51 (a) Principal and conditional uses. The following chart lists those uses permitted 52 within the B-1 through B-4K Business Districts. Those uses and structures in the 53 respective business districts shall be permitted as either principal uses indicated 54 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated 55 by an "X" shall be prohibited in the respective districts. No uses or structures 56 other than as specified shall be permitted. 57 Use B-1 B-1 A B-2 B-3 B-4 B-4C B-4K Body piercing X X G P X X X X establishments Tattoo parlors X X G P X X X X Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: q)) 11 • C ,sue, Planning Departmen City Attorney's Office CA15697 R-3 March 1, 2022 c ��n ad* yy h..` .441 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Regarding the Membership of the 5/31 Memorial Committee MEETING DATE: March 15, 2022 • Background: In December 2020, the City Council approved a resolution to establish the 5/31 Memorial Committee ("Committee") to guide the 5/31 memorial planning process. In October 2021, the City Council approved a resolution that provided, among other things, that the Committee shall consist of ten to twelve members and that the Committee shall elect a chair and vice-chair. The consulting firm hired by the City facilitates the meetings and the memorial planning process. • Considerations: In order to enable an additional surviving family member to serve on the Committee, this resolution provides that the Committee will consist of thirteen voting members, with the thirteenth member being a surviving family member. Additionally, because Committee meetings are led by professional facilitators, this resolution also removes the requirement that a chair and vice-chair be elected, which will help ensure that all Committee members have an equal voice in the memorial planning process. • Public Information: Normal Council Agenda process. • Attachments: Resolution Requested by Councilmembers Berlucchi and Wooten REQUESTED BY COUNCILMEMBERS BERLUCCHI AND WOOTEN 1 A RESOLUTION REGARDING THE MEMBERSHIP OF THE 2 5/31 MEMORIAL COMMITTEE 3 4 WHEREAS, in December 2020, the City Council approved a resolution to establish 5 the 5/31 Memorial Committee ("Committee") to guide the 5/31 memorial planning 6 process; 7 8 WHEREAS, in October 2021, the City Council approved a resolution that provided, 9 among other things, that the membership of the Committee shall consist of ten to twelve 10 members and that the Committee shall elect a chair and vice-chair; 11 12 WHEREAS, the consulting firm hired by the City facilitates the meetings and the 13 memorial planning process; 14 15 WHEREAS, in order to enable an additional surviving family member to serve on 16 the Committee, the City Council desires to expand the Committee membership to thirteen 17 members; and 18 19 WHREAS, given that the meetings are led by professional facilitators, the election 20 of a chair and vice-chair is not necessary, and removal of the requirement for a chair and 21 vice-chair will help ensure that all Committee members have an equal voice in the 22 memorial planning process; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 1. That the membership of the Committee is hereby revised to consist of thirteen 28 voting members, with the additional thirteenth member being a surviving family member; 29 and 30 2. That Committee meetings shall be facilitated by the memorial planning 31 consultants, and the Committee is not required to elect a chair or vice-chair. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ;cc_ City Attorney's Office CA15714 R-2 March 1, 2022 rS�',Nh i � S1 its '.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Create a Permanent Memorial for DeShayla Harris MEETING DATE: March 15, 2022 • Background: DeShayla Eunique Harris was an accomplished young woman with a bright future ahead of her, but her life was tragically cut short, as an innocent victim of gun violence, on March 26, 2021 . DeShayla gained an international following of fans and admirers after starring in a cable reality show, and friends described her as energetic, fun and free. The City Council, along with the residents of Virginia Beach and people around the world, mourn the senseless loss of her life and continue to express deepest condolences to her family, loved ones, and friends. After her passing, a makeshift memorial was created at 19th Street and Atlantic Avenue, which her mother, Elisheba Harris, said takes away some of the pain, and she and other members of DeShayla's family have requested that a permanent memorial be installed at that site. • Considerations: This resolution requests that the City Manager create a plaque as a permanent memorial for DeShayla Harris, with input from the Harris family and the City Council, and to cause the memorial plaque to be installed on City property at 19th Street and Atlantic Avenue. The City Manager is directed to undertake this initiative using existing appropriations, up to, but not to exceed, $10,000. • Public Information: Normal Council agenda process. A public briefing regarding this request was held on February 22, 2022. • Attachments: Resolution Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO CREATE A PERMANENT MEMORIAL 2 FOR DESHAYLA HARRIS 3 4 WHEREAS, DeShayla Eunique Harris was an accomplished young woman with a 5 bright future ahead of her, but her life was tragically cut short, as an innocent victim of 6 gun violence, on March 26, 2021; 7 WHEREAS, DeShayla gained an international following of fans and admirers after 8 starring in a cable reality show, and friends described her as energetic, fun and free; 9 WHEREAS, the City Council, along with the residents of Virginia Beach and people 10 around the world, mourn the senseless loss of her life and continue to express deepest 11 condolences to her family, loved ones, and friends; and 12 WHEREAS, after her passing, a makeshift memorial was created at 19th Street 13 and Atlantic Avenue, which her mother, Elisheba Harris, said takes away some of the 14 pain, and she and other members of DeShayla's family have requested a permanent 15 memorial be installed at that site; 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That the City Council continues to extend its heartfelt condolences to family, 19 friends and loved ones of DeShayla Harris. 20 BE IT FURTHER RESOLVED: 21 That the City Manager is requested to create a plaque as a permanent memorial 22 for DeShayla Harris, with input from the Harris family and the City Council, and to cause 23 the memorial plaque to be installed on City property at 19th Street and Atlantic Avenue. 24 AND BE IT FURTHER RESOLVED: 25 That the City Manager is directed to undertake this initiative using existing 26 appropriations, up to, but not to exceed, $10,000. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: 7,(,Gt,(dte* Deputy City Attorney Roderick R. Ingram CA15737/R-3/March 9, 2022 rGfr gro ,� ? 4~ 7) a :�4.e.. Hr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Create a Memorial for Victims of Gun Violence MEETING DATE: March 15, 2022 • Background: Every year, tens of thousands of people needlessly die from gun- related injuries in the United States. The residents of Virginia Beach have lost friends, family members, and loved ones to gun violence, including the mass shooting at the Municipal Center on May 31, 2019, and the tragic loss of lives at the Virginia Beach Oceanfront on March 26, 2021, as well as hundreds of other incidents that did not attract media attention but nevertheless devastated the lives of those left behind. The 5/31 Memorial Committee is working to develop an appropriate memorial for the victims and survivors of the May 31 st tragedy, and other noble efforts to memorialize individual victims of gun violence are being undertaken, but the City Council also desires to create a general memorial for all of the many victims of gun violence. • Considerations: This resolution requests that the City Manager develop for the City Council's approval a memorial for victims of gun violence to be installed at City Hall or another prominent location. The City Manager is directed to undertake this initiative using existing appropriations, but if there is a need for the City Council to provide additional appropriation authority, the City Manager is directed to communicate that need to the City Council. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO CREATE A MEMORIAL FOR 2 VICTIMS OF GUN VIOLENCE 3 4 WHEREAS, every year, tens of thousands of people needlessly die from gun- 5 related injuries in the United States; 6 WHEREAS, the residents of Virginia Beach have lost friends, family members, and 7 loved ones to gun violence, including the mass shooting at the Municipal Center on May 8 31, 2019, and the tragic loss of lives at the Virginia Beach Oceanfront on March 26, 2021, 9 as well as hundreds of other incidents that did not attract media attention but nevertheless 10 devastated the lives of those left behind; and 11 WHEREAS, in addition to the ongoing work of the 5/31 Memorial Committee to 12 develop an appropriate memorial for the victims and survivors of the May 31st tragedy, 13 and other noble efforts to memorialize individual victims of gun violence, the City Council 14 desires to create a general memorial for all victims of gun violence; 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That the City Manager is hereby requested to vet the feasibility of constructing and 18 implementing a gun violence victim memorial, including researching examples of such 19 monuments around the country and the world, estimating design and construction costs, 20 identifying potential locations on City property, determining the resources needed to 21 maintain the monument, and providing an opportunity for stakeholder/community 22 engagement, and he shall provide the City Council with a report and presentation 23 regarding the same within 120 days of the adoption of this resolution. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: pvae,e.dt Deputy City Attorney Roderick R. Ingram CA15738/R-1/March 9, 2022 s, J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Seventeen Franchise Agreements for Outdoor Cafés in the Resort Area MEETING DATE: March 15, 2022 • Background: City Council adopted revised regulations for outdoor café franchises ("Revised Regulations") on October 20, 2020. The Revised Regulations simplify the outdoor café franchise program and allow more flexibility for outdoor café owners and operators to keep pace with current standards in construction, design and materials. The City has developed a franchise agreement for the regulation of outdoor cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an outdoor café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following seven entities are seeking one-year franchise agreements: (1) Ocean Fifteen, Inc., t/a Mediterranean Grill Café, for operation of a Sidewalk Café; (2) Virginia George Co., Inc., t/a Dough Boys Café, for operation of a Sidewalk Café; (3) Beach Convenience, LLC, t/a The Sweet Spot Café, for operation of a Sidewalk Café; (4) Young Veterans, LLC, t/a The Bunker Brewpub Café, for operation of a Sidewalk Café; (5) ARNAV 138 Hotel, LLC, t/a Barclay Towers Café, for operation of a Boardwalk Café; (6) La Herradura 4, Inc., t/a La Herradura Café, for operation of a Sidewalk Café; and (7) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a Boardwalk Café. The following ten entities have successfully operated outdoor cafés pursuant to either one-year or five-year franchise agreements, and are seeking franchise agreements for five-year terms: (1) 3107 Atlantic, LLC, t/a North Beach Bar and Pizza Café, for operation of a Boardwalk Café; (2) Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café, for operation of a Boardwalk Café; (3) Osprov Respublik, Inc., t/a Johnny Mananas Café, for operation of a Boardwalk Café; (4) Atlantic Sands, Inc., t/a Calypso Café, for operation of a Boardwalk Café; (5) Atlantic Enterprises, Inc., t/a Oceanfront Inn Café, for operation of a Boardwalk Café; (6) Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd Street, for operation of a Boardwalk Café; (7) Ahata, Inc., t/a Pier 23 Café, for operation of a Sidewalk Café; (8) Virginia George Co., Inc., t/a Dough Boys Café, for operation of a Sidewalk Café; (9) Tampico Enterprises, Inc., t/a Abbey Road Café, for operation of a Sidewalk Café; and (10) Luna Sea, Inc., t/a Luna Sea Café, for operation of a Sidewalk Café. • Public Information: A public notice was published in The Beacon on March 6, 2022. • Attachments: Ordinance, Disclosure Forms, Café Location Maps and Photos, and Plans and Elevations Recommended Action: Adopt Ordinance Submitting Dep me tlAgency: Resort Management Office City Manager: 1 AN ORDINANCE GRANTING SEVENTEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations") on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, the following seven entities are seeking one-year franchise 24 agreements: (1) Ocean Fifteen, Inc., t/a Mediterranean Grill Café, for operation of a 25 Sidewalk Café; (2) Virginia George Co., Inc., t/a Dough Boys Café, for operation of a 26 Sidewalk Café; (3) Beach Convenience, LLC, t/a The Sweet Spot Café, for operation of 27 a Sidewalk Café; (4) Young Veterans, LLC, t/a The Bunker Brewpub Café, for operation 28 of a Sidewalk Café; (5) ARNAV 138 Hotel, LLC, t/a Barclay Towers Café, for operation 29 of a Boardwalk Café; and (6) La Herradura 4, Inc., t/a La Herradura Café, for operation 30 of a Sidewalk Café; and (7) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a 31 Boardwalk Café. 32 33 WHEREAS, the following ten entities have successfully operated outdoor cafés 34 pursuant to either one-year or five-year franchise agreements, and are seeking 35 franchise agreements for five-year terms: (1) 3107 Atlantic, LLC, t/a North Beach Bar 36 and Pizza Café, for operation of a Boardwalk Café; (2) Osprov Respublik, Inc., t/a 37 Oceanhouse Waterfront Café, for operation of a Boardwalk Café; (3) Osprov Respublik, 38 Inc., t/a Johnny Mananas Café, for operation of a Boardwalk Café; (4) Atlantic Sands, 39 Inc., t/a Calypso Café, for operation of a Boardwalk Café; (5) Atlantic Enterprises, Inc., 40 t/a Oceanfront Inn Café, for operation of a Boardwalk Café; (6) Four Sails Timeshare 41 Owners Association, Inc., t/a Katie's at 33rd Street, for operation of a Boardwalk Café; 42 (7) Ahata, Inc., t/a Pier 23 Café, for operation of a Sidewalk Café; (8) Virginia George 43 Co., Inc., t/a Dough Boys Café, for operation of a Sidewalk Café; (9) Tampico 44 Enterprises, Inc., t/a Abbey Road Café, for operation of a Sidewalk Café; and (10) Luna 45 Sea, Inc., t/a Luna Sea Café, for operation of a Sidewalk Café; and 46 47 WHEREAS, the Office of Resort Management recommends that the above- 48 named entities be granted outdoor café franchise agreements. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH: 52 53 That the City Council hereby grants one-year franchise agreements to: (1) Ocean 54 Fifteen, Inc., t/a Mediterranean Grill Cafe, for operation of a Sidewalk Café; (2) Virginia 55 George Co., Inc., t/a Dough Boys Café, for operation of a Sidewalk Café; (3) Beach 56 Convenience, LLC, t/a The Sweet Spot Cafe, for operation of a Sidewalk Café; (4) 57 Young Veterans, LLC, t/a The Bunker Brewpub Cafe, for operation of a Sidewalk Cafe; 58 (5)ARNAV 138 Hotel, LLC, t/a Barclay Towers Cafe, for operation of a Boardwalk Café; 59 (6) La Herradura 4, Inc., t/a La Herradura Café, for operation of a Sidewalk Café; and 60 (7) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a Boardwalk Cafe. 61 62 That the City Council hereby grants five-year franchise agreements to: (1) 3107 63 Atlantic, LLC, t/a North Beach Bar and Pizza Café, for operation of a Boardwalk Café; 64 (2) Osprov Respublik, Inc., t/a Oceanhouse Waterfront Café, for operation of a 65 Boardwalk Café; (3) Osprov Respublik, Inc., t/a Johnny Mananas Café, for operation of 66 a Boardwalk Café; (4) Atlantic Sands, Inc., t/a Calypso Cafe, for operation of a 67 Boardwalk Café; (5)Atlantic Enterprises, Inc., t/a Oceanfront Inn Café, for operation of a 68 Boardwalk Café; (6) Four Sails Timeshare Owners Association, Inc., t/a Katie's at 33rd 69 Street, for operation of a Boardwalk Café; (7) Ahata, Inc., t/a Pier 23 Cafe, for operation 70 of a Sidewalk Café; (8) Virginia George Co., Inc., t/a Dough Boys Cafe, for operation of 71 a Sidewalk Café; (9) Tampico Enterprises, Inc., t/a Abbey Road Café, for operation of a 72 Sidewalk Café; and (10) Luna Sea, Inc., t/a Luna Sea Café, for operation of a Sidewalk 73 Cafe. 74 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lisa Blc 4!e J Far 8,2022 10:39 EST) Resort Management City Attorney's Office CA15696 R-2 March 1, 2022 1. rap Virginia Beach APPLICANT'S NAME Ocean Fifteen, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of �. by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the aiiplication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: n _ REVISIONS SUBMITTED DATE: 64,,VB Virginia Beach. Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ccgaYt- .j____yl-c_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) b /M-L/& j h 04 r r,y oAo Nw fr/ff v (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 ,ri �y . _.\\,,. ..N:r="a!� •.J. N ..R • ^.G 1 > '• '� Y t,.f ': ;.4 •p .. ',,. ra.w 11 .6 t' _y ,, . .tom 1 .;1wr': ��..h i '� i4r. �y.. ,� �.� ,. t •• A� �rr. .v 1 '11.,N M�1" �c ..• �;, �• •. ,,�� �i S �'�',' 'l,tY 5.1. �� � ,G ,�. .4.,:',: 4.1- .t ; r ,FL� + iV •��j�� ,,�• i t' `'1 �,y�`y�. �' 'tV tt r.Dn 1 �.'� .1'�:' �O�.IJ•. O'M9"�1', ! :�.: r ...:u•.,r�,il4 r �� � ti!* r •.,411'ff`l , � i. : • ` V ' t'• •1 K Y.4 Y ris IP,349'srit,,_ ,�•�,ir1 •1:1: t M ::4/,�L,c(�j`r' 4M.�;X `u' l },r�7�c .s1 t"' SS7 `7; ,. '� tT � 4 +.i" j7 4� '7 �: , ia5�(�� J•�•�' l.fM,yr.-� .tJ ,. ,�� ip7�'��"•� �;.�'Fn�,f. k I, ...+�� 1 �• / ,,r f 4y � d�'.+.•,t•' -',dr ,.•,.,f��!'1����r�i}l �'S+?P"• � "` / c"�.*r.' t R i�• �J�_�,cy r" lI f �l • �,4 '` 4 . N �.,. ,„p 1.-' d,,_ 'h.,, ,. ie. r^f ~: t' •' :N.% •1 • 'r $ 0.•-; , .i� � tA4v v vti �. "'� " r" 1. .'� :, r+'; �yV :, rr* f rt,v�4 �.'� �z�';�" • `t;..:' ; V_ •:Jh 1 '' ' • .•; 1. .A ,i(',:. -,,iti,1 Mjrr fv;;'7 - r '.y: ., y .. .:i., g `'�' r' 'i.it:4, y " � yl,4b'-�.. � ,i.�1 r ��,! _ 1� �.�,�.,(�j,� �4 . it`4r'w:Y'lt'�Xb..�tF�".", wM; :��e _.r �►D`t•"•T�!• xy, {fi ++' .�•:T' ys. 1• �... r, l k4 rr $4.-.,.....?:---: st •_ y::ur. .�... .*1-.'}�pr1�lrl/.• }� P .7. Tl'e r• ;..l` _ `� M i•,�� Krf�* t .S' �',�rti.r•. i�t ��4H I�M�:��..r icer).-l�l�*� , _.l►' �.N;Y•�� �, Z q l �v` cr0•• i Y tr`.r �+.tii� ,.' r.,A.,4,4 ?y.;t„t'k: 'Y�f }' ^v,•!l.:;,_ :K:• ' :;;;.ti"` a. '�' • Check here if the APPUCANT IS NOT a corporation, pa •.. ,"`i' business, or other unincorporated organization. `'i' Check here if the APPLICANT) a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:,,,,,,,._,_,,..... .,,r*. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 c nJylf property owner it 4fft ent rom Appiarit. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ,{2/Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. ` Z C (A) List the Property Owner's name:_,,,,,,, �' If an LLC, list the member's names: 6-4 LIM 4 i., --re-gei 6— 11 ,,,...,..-.-. ....., ri,Z,e2 e 4 / /4 4'646(- _J3e.vi,i,,,,>,( 7 es"'e Page 2 of 7 „�J y t1 p.y L's,.' -� !'�. T^f'-:q.� :9i' .a -L.' / + '. .� t; ' �n _ �• •4.y��� ;��q' •�':It .i''��t11.�. y~ k4�.�s�i ���fi:1 a?`.•Sn'/�A ,` �' M� ��a(�• a, +. It[.�''9i ''N �.,(�y1-�� p, J➢: I.wl Yvll 1- �G I• �. AA.rar �. .11 l/.I=•:•'y ;h_f. Vttif"')^'r �LL ,,�yC�' t�•'w'.al�,,,�r'',i� �'-•�CMY �• Y•y_'�/O •r. d��j���'�� Syr 1 �i..�f.,��� .k:��Q :.i'xya�' `A j�R1'1g+T a/, �•�t'_Y�I" .� i.a!')ter..1 � 1_�.f- �,..a%T.i” 4�.53��4� F'}`rJ .r ^��{yf�(`�r '14' '� �b4k );..� 04• r,.P •:' '4.;C�t t��1 ' :.Wei .'. �gl.� j'` '"'-`4 ,r4,`A .R;.c a 1.:i /.��y'�.j;,�!y�r?i�.VY{ •''f ida"rL•f y� '• `e."44-yA.j �l,I' .. � ` L ,.f. by . �S••k 4-a; �t�� ,+ � ..1_' :^'�1,1 a �r 9vu •,-,. ' ,-t, �( •y}y a lYe }ry s' ��Ts ' ,,( "•iifly'w•�111�7.�1�?y- �i . ti !K" ?�+I„ ''�.Sr ,ra lie •!'•' ,,`'• j�.y •r� ``,; :firi • ,.^{y 4t'{, )154 i/ITI i -~ • ip I 5,'M]1wr.;p.•i- I v. ~,.'� +� 4--vf ,�•' "�1••M '1 Gr, -A ,- w rmy f • �.,/7 � ia.y �7i' � l • ' i1.<.1•y. :� J Ii 1.:R',-.v / :. 1"; J 'fr.,. '. r •-..4. •.. Y.�;i A `'i,' : ':4,- 4-4.C•6, I•'} #''it • •, •','1:'J 4 r r't'• y�` ''' . .' ,•Si .7 •t`>y ''`'1 :-•'. ,; ," ,,�.aa. tit '",'{T. • •�r• 41 -���", l I FSr - �ll� t'f,,' ' .Sl: � �w.. :y; fi'' s ��,vy��.. �S� `t�,.i�. .-o,„;;"± , a a. 1 -`'i,,, �,�'F'....k, ..'k Ki R •' :4:- I i •Y•t• •A a .6.- -s- n:i �v' • If a Corporation, list the names ofall officers, directors, members, trustees, etc. be low: (Attach list if necessary) 61) IVA', 0 7----47";49a-4-11 //7709/t/17 if.-4 A #4 ,6?e4 r -/-- eiga L 4r , , ,e ao er' ../t..7/9,-,4",;.„) 74.72tm.. e 4.-- /4 4/A,47.eve (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 SO 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 (Ili) 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 Bose 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 sublect of the application or any business operatino 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 )14 APPLICANT Vine Beach . ._ ` YES NO r SERVICE PROVIDER(use additionalsheets if El ❑ Accounting and/or preparer of Vlr c M ( c i kjeSS your tax return so�cRwt� Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El VI] the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1111 12 i Construction Contractors ❑ VI Engineers/ Surveyors/Agents Financing (include current E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) LI Legal Services Real Estate Brokers / ❑ VIAgents/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 U an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ) � J: _ cameo Virginia Beach. CERTIFICATION: ✓ I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 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 1_A_pplication. - _ — - aPPUCANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 ..fit .' t T, ..A�,�: � �+ " -',.1•,e ,,. :%•- ,: 'vg ii; >} Y". -tom;•vA, it,. '•.T'.�: ,• 7r`F!•. ^1i� J1� r'�M.,C::�+i. :t : �/r•'� I,' r.ir! •ter 7 I �� r � n L i '7 r��•' t+ t. � .� .a. t I•N�.:!`: h ..�4 ' t xt�.s•` rY ;t�,al. t��.k:,'�i s.�d• ob'• cat 'P�-f,�,• yi� y '�+:'J .� '.t: ,t', :=.�: y .,�t'•� � , a t .4 ,.•'' :4,::•.."`. �a.{� .;,::'tlgi_C',)� ,,ty,�•5;4„K!�µ� :' ,•7'+,••'� t i� '• yi. t fir. t �., 1. .1•.•4' ^• w.•: i-v t '"'•"w. .'f, r•y .'�7(4�ry,J,,�• I: rl,�," �� :.�e 4�F � rr'a�11-�f. eQ .r.�j; `A�:Y„'�.,W � �M' .��4' �4r" . :� ?4,; % J4r1 I •`:• •.;,'. • . j['". :jam ; Y i1 f. IA, •Y• a� '�!�.�,•! wA, •ig.. 7 .) .� ���..I/+^ rL•+�' `� , .} .;. ' ,,. y'e; tom. .7. "!" I ' k�. }� 1 ftir.a r .a i✓✓``•r/• (~ ,{ pp A 7l f. /•• N eit ,1/vVY?., . .a fit' .v�.1. 4! rt' ..4• • -�i mow. YES NO SERVICE PROVIDER( • siittts if I n��da _ 1 . • Ea w Accounting and/or preparer of your tax return [J 0 Architect/ Landscape Architect/ Land Planner Contract Purchaser( er than El1/74the Aooiicant)- Identify purchaser and purchaser1s service providers Any other pending or proposed D purchaser of the subject property (identify purchaser(%)and purchaser's service providers) El Construction Contractors — El Engineers /Surveyors/Agents Financing (include current E3 cS mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E:I Legal Services Real Estate Brokers / J Agents/Realtors for current and anticipated future sales of the subject property t 1.1111 .0 4 - • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 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 8 of T d.1C r '�::Y� y��.+1' r 1 - 1•r �,,.a i .+j {� /' '- a?.'.dn fhw�J..tti t r •� •11 � . - i -'..";.,,•,- '• .i i c _.+ .r ''Nrc a.• I'z'a'-/'L-C. *', ,��,'' .' 'Or.'$•;, "'T �1 .. ➢I,�S4•t.. 7,.•14 • • , i 1• •t•i t 1 »' T,:1,,,Kti �, .y�•�:j1:.,1{.��,w- �rr �y ,:��i•.,a �.�, a�-•+r1��l• S"t'�r� � r.11�i?�`•� 1'P'' �I{ � /.y r� ���"t. y� DY•1' `i•�.�.aTISd fir' ��y.-�:'r � �L�� ''�•..yy�x}arc���:.y, •r� Vr_ {��.1 :. a,l:'�t•.►�, ' y_`yr 1� j S y c Y'+il ,- ux'�y, ,- t4;,'�!.�•,at`Cg�.f..� a� i titan ye-tc T: r ,i"a A.ti to`ei:.4'.'. ' • i•,, '' M +'�':' .r• dyi .1',{ .,... ar'}Y .�,4 *;••,0r•.J'1','iii.}.xI a, ":..tis,i,...A. C .yaa., kv: .; I +,rA r �"1!" r .'., ►to lit• ti'�Pe 4?�. '� r-`.4112 4; `^ a Z.1E .4'„- 0; ;` ry J.i.1?V`li ft..,.f^^ Y4'• . .1; '.-4; ': u7•••`41,°'4'j•j�'�M�!C� ..;i.q..K� ,,.., ,�yy7•7;;If-,m.^ ,2 •�•< '•��1 ",3.: r r! � i...7', , , ''',i r � 4,� T .,�.',W,;' .art'' %r '. .• 11'.a♦t, ,,. f•F., +''. +7�' / `Y ., 7 1 .,.• ` ,,,f. �, 1 o/ .: •.' a. %. . ,'4/•Y ,, f �y�!' ��4r._, ,..� �.�, • • 1j. .1 lr 1 �l .,,t4 r r ..G•R� `Jy �. ',vs, `,•!',+~7. 3.. ., . ,.. .1y,,. ••1,r •¢}7 .(4,{ '� . • . �ta7 .4:,tvJaiy . t;O• ti CERTIFlCATIQN: 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 Appi tion. . girl g',6 Lajoiede, 72;e ‹. 4:- 1.2 ...)t)et-A PROPERTY� dt'S SIG ATURE PRINT NAM E , Page 7of7 -"--' I / RI. 1 0 \\\--T-- ------ ----- \ , ....-..------ --- \ ,, —'— e , -frr - e F, r-..' !` a 3 7 e r✓ \\ tt r e r- r 0 R ‘. I\ . _,---•. --------- - V \\\ r r,s'' +���,,,... ,. —mot t ,A 14014 . , ' __. _:::- - t 1 Ocean Fifteen, Inc.t/a Mediterranean Grill Cafe 1508 Atlantic Avenue 20 0 20 40 Feet Z Mediterranean Grill Cafe 1 Zoning r ^ ! Pro Property Lines Building Footprint a ^ _ Other Existing Outdoor Cafe N CV EN ( ___-.. . -:, - . !"1l="" � .f: �� ,41 ti � - -_ ; i • .A. k / - -A,-- -1 ' 111=1;131.''' ,,,.,,,. Alt, . ,r.. - _ -_- r at r-.t.'' It' ' A.........- __it. ,1, ., ------ - ti................. plow— - o`- �•E-_.. . '.Ifs !. ,..„.„ - ,-=: = , _ .._ , , t T - . aiVoing - -,ft ,, 1 - ' �! ��.^• '���- yam-: co s v u- cu 4 eu ,_ , . ............................0r., —— _ : '''- ' . . * ',;„..„, --E4, _ C _ a t I I C ,:. r , 1 _711144 g. !T, .S� ems Ira e I'�"Se� ? `' __.... .. - : 4. J r. i 1 .1 is\ 1 r '. a , *.,41. . lir INVIIR"..P, :r; W SE 1 ,e ` t c: ti ,. „, .:.-.--, .. 'lir- * 1'1 itz,, . u 4 !• • r tom ? fir- 1 - �� �. f` ,.. 4,1 CID MIii ills 6. Q Rt iNi I Z Q Z ------- Ili- - N' ' - •-‘ 0 6" -0 _ cC it iu ill : • )-_I I t I II ow ! I .,., ..,.. .,, I .VI C-.9 •‘• • • 1 1111i1 11 1 1I 111 • :::i'—': : ::-_. pi 14 4: ::iiiiill. il -LI r : @:' ill - -, • G • iE .*,, - 0 41- = •S N ) iv - ., - •S• o •*• 1 4 1 IL zz st g 7627 .._E , L Iii •♦:•:•af::: ••-•E/...‘•tc:::: ♦♦♦♦♦. sit4 a•a••••a b : ♦ V . .b-�b� ��♦i++ 4 i "...............„. _.: -I_ r, — .4/b..s I cu - -- ♦♦♦♦__ u C „VI I-371 it AI-4 co a .V1 II I 0 Ln e-i , f lia3 Ver.irginia Beach APPLICANT'S NAME VIRGINIA GEORGE CO., INC./1700 Atlantic Ave DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City ^Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes ~Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, 4 e SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meetin that pertains to the apAication(s). El APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: oaf Virginia Beach Check here if the APPLICANT IS NOT a corporation, business, or other unincorporated organization. P partnership, firm, Check here if the APPLICANT IS a corporation, partnership, other unincorporated organization. P P� firm, business, or (A) List the Applicant's name:Virginia Ge- Digs Co,, Inc, __ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) George Kotarides, President/Sole Officer (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 i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El 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:__ IUl[e_ � If an LLC, list the member's �� names: Page 2 of 7 tea► 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 i or affiliated business entit 2 relationship with the Property Owner: (Attach list if necessarY) 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 See State and Local Government Conflict of Interests Act,Va. Code§ -power1. of another corporation." 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 . 17B-- APPLICANT Virginia Beach .. YES NO I SERVICE PROVIDER (use additional -sheets needed) sheets if EllX Accounting and/or preparer of your tax return EiZ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than [] El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed [1:1 ' purchaser of the subject property J`- (identify purchaser(s)and purchaser's service providers) riConstruction Contractors 0 JJ Engineers /Surveyors/Agents Financing (include current 0 Cmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) i ii ei Legal Services Real Estate Brokers / Eil IZI Agents/Realtors for current and anticipated future sales of the subject property ♦- .. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have LI m 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 RN= •gr 3- .. VTgima Beach CERTIFICATION. _ _ I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ffzer- /cortaiu:/td. George Kotarides 2/19/2022 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 A/13 LUY OWNER Virginia Beach YES] [NO SERVICE PROVIDER (use additional sheets if needed) LINI Accounting and/or preparer of your tax return El ;3 Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ M the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ El Engineers/Surveyors/Agents Financing (include current ri mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / (� ® Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 -- — I certify that all of the Iinformation contained in this Disclosure Statement Form is complete, true, and accurate. receipt of notification licthateion information upon for up I understand that, i am responsible. that thdeatainPgP Commission, Council, VBDA • for public hearing,k • tothe Planning has been scheduled s prior • e in provided herein two wee body or committee of4.n . meeting, or meeting -- '-, ,'2412/.. 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A CO ,.\�. rr .1 Ell m i : i •• ¢ rll .w74i ! $ `` �. i zi ! = 4. , F ri • • ..,_ • _.... , , _ 5, ..... ,-,. ___.;ti ...., T..,..„----_- ______ _........ ,. -!- i i - 4.) lit.-7.'"' '7 - 'fr+--o" • • _ a i \,,i li ..- . 0 1 .*"' 1 • ---.3"14.10, , it , z ... ._, 4.1..., ' * . - -L----:, . C et 0 . -lii lif fi , -....- • . ; 4-• - ---i V. mg , _ 0 �c� _ e k \- y t t 1700 Atlantic Avenue 1.4.2022 C ..0 1 TREE Prr TO IP,. DIMENSION TO BE ",rr BE PAVED ' VERIFIED ' . . . 4Mr ,�6.21` m , I— \ r w . � '4. W , 8.00' � 1 � �� .U) \ '.,,'':f, , iiill .1 . I— \ ‘1: .. ram:f� I .:. - Il t ti EXisn►vG WINDOWS. TYP. iiii}i1i10ai11 HMI r N I� / 36'H WOOD PLANTER—" I, `�, . DOUGH 30'H GROUND MOUNTED---� BOYS BLACK STEEL OR WHITE I VINYL FENCE ATTACHED TO PLANTERS '`45'f.;L:ji' t%/ EXISTING ci/ —WINDOWS, TY°. .,.. i \ L "-I I; t a Y. al al.[7:3-1= sj CO 23.27' k 1 0 347 SF to Total Proposed • Cafe Area \AB Virginia Beach APPLICANT'S NAM EBEACH CONVENIANCE LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property _Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals q Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(si_ 0 APPLICANT NOTIFIED OF HEARING DATE: 12 NO CHANGES AS OF DATE: 0 . REVISIONS SUBMITTED DATE: IB Virginia Beach ri Check here if the APPLICANT 1S RIOT a corporation, partnership, firm, business, or other unincorporated organization. }X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Beach Conveniance tic If an LLC, list all member's names: Mery ghattas President • If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessarY) NA (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NA • See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's names: Page 2 of 7 s • 1�-,V+ • '•,* L' •'+YES :up,- _' i{• 1 lo!'�'41. '„<',►, 4: - !lie 4-1'4'4-4iitY:e;,,,...''1'&04 '''''f' `Ti t ': Q'yy . ,' \ ,,, ,,l u.: (.1?: . ,i t. 6, , r 7 r r•f I x, i-ir_�.; ,1F"' � }I,��Lr )ycr ♦ �� i , i'�3s�,�� ; .Ij•�tc•�, Yv„� `k �,,,�, .�k •'4� ytf�'�; �?i• •, 4 ,� l'it.11,4I y..• , .,,l: } ,riiY " f�{{� �laT$1 , '4 Y ): -4. . r • b ,fit f;�' i1 i -,,t:r0 t,.fad .44,t .. tt i `((.;,`• y, ,• ' ''�- �• j ,' tom' ' co.,: s 4 `' 3 t1�yt.WW;,�;'��� v♦ • 1 Y i., t13�'i �•?��R}�, is. - .� -f-,�� 1' '� �I, :[,,..X�r� -i�' d, - q�l � .! .i�.;:`1[` „. ,,:4,. 11; .r',+ „*". I" 'H s/' :•p.- _4..��;tirWip.41..� -r�.l "'�x1 ";.'+a'�y`h -,.j, a / , 1':, 'i. 'i �k* y ,�7��',r,•. 43,7 r `,, -b , iJY• W�t 7- - � -i w x �L !� yp�ryr^� _.f .� .4�.,, Y a .`s }'rr .•i.. +Ik. •:d•ic �,t,_., t. .f1 Check here if the P.L CAN 1 T a corporation, pa '`�,{ �, ,•;: business, or other unincorporated organization.Ej �'�=°`4`�'°r ' Check here if the APPJCA LLS a corporation, partnership, firm, business or other unincorporated organization. (A) List the Applicant's name:_...,..___.. ,�,....._.+,..,_..__,. ...__�„� If an LLC, list all member's names: if a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (R) 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 footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete section 2 • I ,.a...: /c 4 ' d I e l ,.11 t l.. Li :. • Ca, Ej Check here if the PROPERTY OWNER !,N NOTa corporation, partnership, firm, business, or other unincorporated organization.[..2"" Check here if the PROPERTY OWNER Is a corporation, partnership, business, or other unincorporated organization, 4�p THEN, complete firm,he following. (A) List the Property Owner's name:,,,.,,,,, "dr 4. 6' r1.r1l`.f 4 C, r if an LLC, list the member's names: 4.7 t444 V� ' R- C /?4 g e 7- 1 ,�Lr 4= 4 4 f.�,w v',,,.,., is "4, Page 2 of 7 • .�'i ;�(�.,:v' w+j,"-�ti k� �ii �':'w IW =1:- .c'iz 's ,•y n,' ��f17r 4.•. J'.. 1 s •�•:! .f`.. --....i ,,a ;r' J�7...�l, (` , `• � ' � +, '1'i.;41,1, .6 `'.. �iJ' �'.�, " - (J,+,' S•�,r} /;�y"y�� 'Z, f :�3y -{"• i•: fX- ;;A ':x4 :;� is .. ,i. _ Yd �r�1J I • ,.� • i ) �� O 1. .�•��. .J�^� t7N'7 a� .C•a�T}W �� 4`� .r �i, •, .,�~ .gyp. (170:faliNf: .4 vg, i3 �i r.r •. 4 :�, ,,..,.:�i r }. . Y+K, 4.`�' ° Sf' r '.i 4..1 ,'� •tr► y-,1 'I p �!.g h r•�(A. .,r. k., * _, ,tr..-,,'' • • . 4 ti..^ .Af ter• .(�•/y;+ ^��F + .` �.•`l"�• , .i��.i•.. ,. P �h . 't. 1^ ' ,,0, x. r., 4. t J. r•. . ,,r -I r r S/ 1.-,,‘,r 0, �i `a"� L y 4. i�'' • �q.,�� ..P. •�J�• '` , y; �t wt •- .al. 2. .!+ t ,,1�G , 4., '.'� �, r R CV , t1'{'�• , ` ..r'i .• ki,1' i '', •..j.. �.. 7• r •.7.,al./2. ,4., 1#4,• � �i '��.. • : tip.{ , ld, � �� .> ;:?,--1 � . i:3 r�;.{:'a �+'•'7�y:.v: .. S «.:1 .•f•1 'yI�';,�rtak R' �:'?•;�_'.�}f�`� �jj�•7' �7'•. ya '' YKy{'/ l,�f•l,Nj�.l i'a >(r �.1•'•411_^ Y. �'r''7 �.�. 1��� P I:.•► • !•� . /�yf w`�, ` �11;e7g k:7V > �• ��4' rK aiii �t;�YCt,C�_ .;: ". if a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach lfsr if necessary)) , Al/1 A c7 , 0 AvA"A b 'rLeil i , , cc 16 1 ., t7hofe4' ,e 9 te'/v.pli-,•?‘) VS er e 6/ A .---,1 ,g e A' (B) List the businesses that a have 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 SO percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code 101. 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, pi) 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�eirnment; or here Is otherwise a close Conflict of Interests Act, working relationship between the entities.' See State and Local 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 auy business cper_ ati_n_a or t4 be ol�g a don 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 71/41B APPLICANT -. Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) t l Accounting and/or preparer of ` your tax return ClArchitect/ Landscape Architect/ Land Planner Contract Purchaser (if other than t l the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed fl M purchaser of the subject property (identify purchaser(s) and purchaser's service providers) I 1 C Construction Contractors ElEngineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services Real Estate Brokers / C0 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 H X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. frIPAY• G a14-05 6742-2/2Z._ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Y , HST ! !� �� �t {�� •'�:..s y 1� w�..���ytt.�1 p ��T�•��" G.,y'.yM7 � ��_�{'r�•y '/! ��t�L:,►�•,,," '"�-' 'Y:'.:Sirl�� , �{;:1• x1;�•>_�„r'I •trJ� � 4,4 ♦ {. • , tt��((``A� ..-: , , g..4.,,..3,43.„.„ ;,,J< d�.y,)yj,'Ik .r y ,....4 .4,k•. a�•yf,• • �� .✓,�. :: f ,„:., ,,, •. *.„. i�:„.„•:jam,('„!R . .�` 'J�lAT.JJ7 S Cw. •", , •i y� -t „ •< „Y, �.' n'7 O�. ..4*.4 E �• i �,„ .:„ N .y4%* 1. .'i t%,. •"1';'"• c-� ei, - 1 N,• _ t , ft- `i 1.-!.N -,%.,t "'S.� '} !. Y{rs4 !i, •/ ...ppp•a •'t. L !.." 'Ny,„...yL;:} ,� , � ,. , ,, `i:, .• ' • �A - m�1 *'i"•7� 1 t.. ..i 5 �,, 1 't.• �1 T '1 . f tei - Y. 1 'R4i..OrdN i; `/.�» , ,•+•. ♦y.•�, .. "t;+.14. ,'r.7.`, t .d'• ,, , .�) S '` ye 7 �A,4J y"4 "..,V i '1%•:� ' ,1.t;(S" .t 'triiig,:kviivs.,-Alar.. .0 ,-, • ... r r ,.,;-,,Y t - loNW 7',�li 1 P A}`1..., �L.NZ ', '�' , i •1, *'♦ -• �.�'. V.�F r�♦Nt.SR:�w. � �Ss+i �..♦ ..;♦ a♦t„ •��• •N K 1:I! , _1 ai. .r YES NO l SERVICE PROVIDER(AC '1f n s0,- ElEl Accounting and/or preparer of your tax return ' Architect/Landscape Architect/ Land Planner Contract Purchaser(if Miter than El. gm Apolisard)- identify purchaser Ur-eiand purchaser's service providers Any other pending or proposed � .1 0 5 purchaser of the subject property . (identify purchaser(s)and purchaser's service providers) R Ef Construction Contractors .. uyEngineers/Surveyors/Agents Financing (include current '� ci mortgage holders and lenders [2r selected or being considered to provide financing for acquisition LI or construction of the property) [E( Legal Services Eft( Real Estate Brokers / Ea 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 Reach have Dan interest In the subject land or any Contingent on the subject proposed development j ct 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 ' ✓�,'I6 3:•,4 Y'. '•• torttii '•i,,,,,:iV.;;;ac,r i'f• 'wg,'`r.wfi. 4 1: i _ .r,l i s..,,y. . S.. ) ' iti ♦ N--� '+M"•?A,• 4 7`,� �rltl i•�• ► l.z:l.�,�';b.:r_ _'J 't�' �ti ��� •r. _ �. t t') i� ♦!•i + bi - r Y), w a q.,.e. , � ,�a,�'11 � -+•y,�• •�� yi��_AS�,r^. 4�� ./5��4"•.�V.9'��t� ��r'� •rJ',l�1*L•y' �tt•Ci.'�n':t �i�•�'4fi4t��''f44. 6�<�P ..y-' �;,, '�• r rio ` •• ,� •.1 it h F, '1 i.•I;. •S z.4,t 1 :t .i 4, ' - y' ,�,+ ., 1•.i• ,I .4)_-.th.,.rks ►va...`• .m. . !I,. Q i t ,►L . I- � ,f- , k 1`t 4t i 4•"'1r � •�r• : '• I/ '. . 4 , •., 7 4.� 4' .. t zdi64 I1,..tf •`•." :• 1fG��.�1: tx,:►, ki.1 4.:) ..^G�(l � f� .I• .y 1••`l'•r . ,}, � 1;•.� �� �•1.' ''• /,.y' �'11.. %• f�,}. '1G�:ny'f.2� 1 •� �{�,yy1�, --/r__5,�,�(� ,r;b ' '��1 .A,c.> Y' ,,44 ��,," ,,i,ik I ✓1 ` j• Oi.:4 '.w.f.'', tt. t A '-e,, A••�;4:, -S►�1�I;i• A.'7^ ',,, It.. r k • `A . xt j-7 ,-r 4i M ,.n j,r� ,-• ,7: 1' 7s. •aiy.*•.•a +.i, 7 u� C.,.': '•.1, {,(,;,,',, ', ir, ►' W it tf�'�i��C1 �-.t,A�l.�4 r.n ,_� 1',,.• •• • t. .«r. �`4 . , �t�. 1 y. r ,�c!i.• 4•e..�. }414 'w� a•, s •71.Y'+j i♦T�tM'i'1• 4!:, a..r♦ • ''rt t•' , :jWi IM,�•.'I, .. ' ,..tr r: 1rr '^�r ,. Cf nfICAT M I certify that all of the information contained in this Disclosure Statement Form is 1 complete, true, and accurate. I i i I understand that, upon receipt of notification that the application has been ; scheduled for public hearing, I am responsible for updating the Information f ! provided herein two weeks prior to the Planning Commission, Council, VBDA 1 meeting, or meeting of any public body or committee in connection with this ! A. .I';,tion. irdiMW / .... a'r-,4444go /6:80'4 or 01/_„ "0, I PRO• �ATf , NER'S NATURE PRINT NAME '� I ____________ Page 7 of 7 / '',. ,,- ---'---- --------- __---------------------' -.....-„, ( ------ ---...,,,, , \\\, , `t v Z \-'‘ ' \ -- kis Ili 0 , G. 1OR lli 1 e +1 F i \ __ ..— @I Beach Conveniance, LLC t/a The Sweet Spot Cafe 1718 Atlantic Avenue, Unit 102 20 0 20 Feet V 4 Sweet Spot Cafe Zoning LJ Property Lines Building Footprint rsi . 0 . N , 1 , *--• .--I -,_ N • 0-loj -, ' ,, 4i.1*-- •qr,. . i : Atit, • . ,i 7 ; . a'14 it ,.. _ . i I ' - --4--- le, _ t, _.., ii,,,,,,„, ,.0/ Aims tit .110 . n .. , • ., .. , ! , L - '1 IRS .- i t t r. -t..,:7 .,.. ' r._ r. it ' ,-, 2 z z ,...- t ; 1 ..i. -1, 2 j ..,• I 11 c - . ,- i .i., E.5. E VI ..'-'' e. ; i ' • - II '" .• ,: i C E > 1 2 1 11, o ' = ' m .. --,,.- ' - 1 fig 1.... , . f; I.") II :-•.'-• 1 ,:- siii ..' •,„„- --•.)-or:.-- . - ,'- o. , V ,..t. k ----. - , 2 .1 k. 2 L.,,, :,.. ,f1 V..•*. L•1 el ,,,, -. .z. 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C 6 •--.- 6 g cu , . 41. . „..... > _vi, _ ,@,,, i :.-irk_ .. < .1.. , • --sii,, 0 41,40;.., - 0 , - ._,....„......- , z . . ._ 1p :,_ T-3, kt - ...., ir ' 6. •: -- '; '',-,` .. C ' 6 E ; - .dia 1 • -1 ,' ., 41.....• ilk' . -.•f- .' CCI :•:,•‘ fr.;.* * (•••• '01* • .1 I +4 • Id:i • < :11 *• Jul.' \ t - ,Ifrgellrbitt .. . ' 4 . 00 Is; - ,,..... *0.---- ---- - N. I ..... N . - I...., .. rlIk E ' / —I - 7."-- _ f 1 , i 2.1.2022 i 1718 Atlantic Avenue, Unit 102 1 a- •- �, r • �i. 'P": "� _r �,. ��. 'F l: 'r .. ,gyp.;; ". i•*„_,..„';:14-:4?:\ick' 1.�4' rt "�; :41 s x i,' ` , a. • �f. ���-y. to �. {{k. �y i w'rij� fi 4 . it,t { :1!"be. . :n, .. .,r m� �:'q'y, r rQ . :,.a. ..ri''.. U �.d. Y nl�gY `, I ry y r..,r , . 1 .. ...,.� %'`"9.:�.. �'. Y3 YrM,9t r4 1 ...i, yd} rm tX r ii • pp {jjkk } 1 r�' �� a r. may.`. dZi , .W.l. ;P, ' '.1, fi i,... 'r M' ` r ir. .....k', Mf. S I '�/ r IN.rr"�11C v 'a e� ;7!�n,'i, 'n i. r': .., .,'� >. r,� +,1„�:?a' r i r „r' q� d. yE M: u. �..3 i r.�,t .z.'. '.. ,.. �} .:. .., ..: t " i ,�, .�kY ,�^ .re"� �i3' :nd .�'.i A :Pay. , v i .��.r r yy '� �..,..,. �., .k it 1gg' • 4' • i�, ;� r , K!:d., 1*a .hr„ d -...p 1l'e J.,.•.,' -: �'• . rr.. i �l�i� .ly W•i,Istl� n ski. r1 ..pd'.)-._.M.a, y•... _r.! I .....r ^r.: a Mr, C E y��� . >, r � r -:.• ,(•F ?�,k�? � �<Y .,Syr. b d A 7 ♦ � ri , ','S ;Lie`.,••. , ;. 'nn • r' f1 . • - ti "d,.-F, '•.'>"S5. '3 ".yu.. idb K" .Sc . ydA r . ,> ' �' r.r.r k • �' rd� •m'M;�.-ri.. liars ti aR.d, i r�...., ..! x 'nr i g r i• asG ,q • 01: i i i• \'t W A ",,,, .4�" , a • 1d i 4� ff,,a,a �, rt Aj,l } ,�3p ,4 dr "�. 'Iidakt 4 • '* q rx'r,wa_ rv'Ra�•-4'r^S "A' r l :'7 4�;. i ,�. A ry t daft t�xY", �' e fI'�}}4 !�4-.., t•'o-{,,",A yy,,,,,rd osk•r W t:, b .. y,�y / A, (R Yy,-I„y{;4� /�7 `\ •�� �.'` a \ '-3V'" i ,�C �_ ._f f `"__` 36 F WCO J PLA JTER i 1 I� � ^ U 11.-f 30'H GROUND MOUNTED BLACK ,-� . r STEEL OR W IITE VINYL FENCE E��% --L A-TACHED TO PLANTERS. 3' RADIUS---\ ji._1 i -_IiJ _ _ 3ROJECTED —� " BUILDING LINE, TY'P. ..—'"—'~.. -- r—8' RADIUS -\ ! r 1 .:i -- �J EXISTING _IGHT --- EXISTING TREE DIT POLE —:--X STING TREE 108 SF Total Proposed ATLANTI' H\,/EN L'' E Cafe Area r Virginia Beach APPLICANT'S NAME Young Veterans Brewing Company-The Bunker DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 110.111111,110.1.1. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beach X1 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: Young Veterans Brewing Company LLC If an LLC, list all member's names: Tom Wilder, Neil McCannon, Arch Dixon, Mike Wilder, Chris Holyfield 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 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Coinplete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:Ocean Horizon Properties, LC If an LLC, list the member's names: Nabil D. Kassir and Deborah M. Kassir Page 2 of 7 Ctity of i 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) Brava, LLC, Ocean Horizon Properties of FL, LLC, Kassir Investment Company, Inc., Menu & Management Consultants, Aldo's Inc., Birdneck Associates, LLC, 620 19th Street Associates, 29th Street Associates, 10th Street Properties, LLC "Parent-subsidiary relationship.' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.'. See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 1VB APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER (use additional sheets if j _ I needed) X Accounting and/or preparer of your tax return X Architect / Landscape Architect / Land Planner Contract Purchaser (if other than I _ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s) and IX purchaser's service providers) Construction Contractors XEngineers / Surveyors/ Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Chris Holy field 2/25/22 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach I YES NO SERVICE PROVIDER (use additional sheets if I needed) XAccounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than lX 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) XConstruction Contractors XEngineers / Surveyors/ Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeti ro meeting of any public body or committee in connection with this A rcatio . i fkborah M. Kassir 2/14/2022 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 1 ! \ q , OR \ _ \ \ : ' b / _.--, \\\Ns-------.. c�'r ,...„...\_OR ' ' c- _,_ _______________.-----:si.ii, Ei —-------- f/r -- �-'Iy �_ r \ ( ..----------------- ( , ___-- \OR k,-- \ 0 Young Veterans, LLC t/a The Bunker Brewpub Cafe 21121st Street 20 0 20 Feet VA Bunker Brew Pub Cafe FT Zoning [ ! Property Lines Building Footprint 4°.°°\ Young Veterans,LLC U t/a The Bunker Brew pub `,�3t) i . / p Cafe r' I , 11%...„,,, . __ _ -..... ., 21121st Street 'tQ .RE„ _ , „ „ 1.1 ilia' . ' i it ,'. is a'7 w a: • • P. �1� �„ L ewir . ,.._ M ':-.. ' ' ot,„,A, .. ' :I-,.:,,,:).:. ',,,,,,r; . ' i it Mil i 4. ,I.•',, , ) . iii . '7.7::;:" ;..i. '.; • irrez,41 ,, - - rr'. - --. ' ' - -- . ' . - . . , _____ __----i.__. ..;•. y+r., ., ._ . , r ,,:.. /, . ,,-. ,,,:., . \, : 0 ,- , s R ,,,,. 1010010.... , „ ,.,, # ,� fix“4' . ', ,.7,:,--..., ...„-...:::..g,..,!,.,.,!-- , a n „_, �, ,�.. i ''.w a a '. y�` '{* �+' as ~MM tioi.:',...-,,iv-t-•.''.. w 144,.,?;-4,,.,,,,,i'"" ,.;;-....:‘,74.,'N''' -.-'-- d, � :,i Aa r _ k A''; F 1 a +". . "ti' ,.t p. .� 'fl'�` X; d F � �ir - lat4 S laa-I3S}sTZ ITZ weJ gndmaij Ja)ung aqi en 311 'sueaa2an BunoA iamus (got •Dd `1 '8 yv) pie (W�i ,09) (7v'/d,W0079 JSOLZ 0 ,L•0 .'' a a d.740 ,S'L ell3A0 , I '1 ONO) 39N3.i1 7 ,': k (1Y3/SAL) 114017 eY007Z1 1SI f7V17iW ,9r .td4Nb'0 P 9076 0 ,g`L•D 1 V,o•cxoy o a �r3A0 ,1 .1 AdOn O N1)630/N/0,7 SI/3 ,0791x S.�,PrUCILlii ffro_mor_' 77 -V 0078 .10 ,or mi tareemmoaa __ �lr "rr� � r Q 0 ,fr•L AdO VG7 o asse pr : 43 -'. 1•) % 1 - • ' — . . - - . • . -A- - - . /.\ L.u.r.il . -1 30IS11I0 .9E'0 010 • ° . P8 g • Al ° P . o , . -� . - o d� II 301S. a ,9��a 018 7 . . 7 v '� s Do '�� // —___-_ P. . o of .::�;.� �... _ M !__• � �► 3a1sino ,Gs-o aye ■if ( DG79330 O' 4 9079 iJD :I' e3A0 ,9 r AdONXO 9078 3. O ,ro a ,o�r ci 4Y3A0 AcJ0NV3 ,� � AdO �� NVO ,orXoZ N3018 21340 I'o I 0a78 _1_0 ,Or i 1 83 3C VJ S.113 , 2f ri 0 , 9076 .1.10 ,or 12 (eo `l '8'11) ,6f AdONVO ovaidij i �j 0 ,9T Ad0NaJ 51-- 1 JO MM 3 i 0479 3.30 ,L V g Y3A0 fo el� .�► ,fr.I 1H017 b1007J ? 1 - r--� o' • Virginia Beach APPLICANT'S NAME Arnav 138 Hotel, LAC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Plannin.,Commission and City Council meetinn that ._ertains to the ap:;lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beach,'sue Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 42"‘Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ 2_�A_Y_� 3 = COI ' - If an LLC, list all member's names: M A-NAN SftM 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 { APPLICANT \1113"trl'irgin' ia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • 1--] V.I Accounting and/or preparer of your tax return 0 [71 ' Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than E V.I the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 0 Construction Contractors 0 Engineers/Surveyors/Agents Financing (Include current fl mortgage holders and lenders 171 selected or being considered to provide financing for acquisition or construction of the property) 0 qi Legal Services Real Estate Brokers / II 7,1 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 0 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 c 8. rye Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPUCANTS SIGNATURE P NT NAME D 1 Page 5 of 7 NER Virginia Beach YES NO SERVICE _ l PROVIDER(use additional sheets if needed) an Accounting and/or preparer of your tax return L11Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe 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) LID Construction Contractors LIIfl Engineers / Surveyors/Agents Financing (include current D D mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) LI 111111 Legal Services Real Estate Brokers / fl D Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ri an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. { I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 , \i OR \ . -\ 1 t 91\45 \ \ ,........,____ %. \ .. \ ,.........•,.... ..._______ .. 1.7.4 \ ,__ i ..) ..37 , \ G \ OR `" 1 �/ OR ARNAV 138 Hotel, LLC t/a Barclay Towers Cafe 809 Atlantic Avenue 20 0 20 40 60 Feet ///, Resort Area Outdoor Cafe , Building Footprint LJ Property Lines Zoning "' •ww3 \ . •1-11 , ,., - ••• . .., - • --Mob :..- Ililet...1 . , . - . tuser , '14 *• tt...,$•-• -_. 4: IIIIIIIIIIian --.ft.. , - . VIII/ININ.___LI ... • ---) .,. :_ ,,„ t • 4, • 1 ,,,-.-.,.,t 4F24E1Y , , imimmirmil -- ‘;-...4 rt 4‘, -• - . I.,, ,.,,• ,4......1-i. , •,e,. :- - .11 1 .. ... ...,. ..f S-A) ' -:,„-44-Nituana WWI , ____ • leill‘, . „ WIN •• \\-, _ .-.._ . 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INEMONniii MMIINNIMINIM MNININIONNIMI ,..:7•••,. ......7-: I: 1• ' 1=====mm ''. if, -::"----- --,..-. • it, • ,t.., ma ow -.....,.. ii. 1.....a..ami ... i •. w wwwow= " ......___ .! ::-.-v...........- I z ki t i . . . . -1.--,-,- „,,,, .............., , ;4c '' ' okt 1 ...„, ._._,.. - - is ) •••II, ININIII. ....." INMNIMMMI. Min =MIMIMMe., =m: .... . ..... • • .1t. ,., , t ilmoomok............:. MIEMM1.•• , IMMINIMII.... II , , /4 ...-.... ....--- 1 ... ....... ,, , ............. '.. 7.g..„ - t'•- --,..- .• _., .... i . I' ..sk \ - PM f 1 .....•••••..• ••••••••••• Mom.- ...-4. ••••••••••• m==411111••• MUM SUM • • •••••••••• ••••••••••• ‘ s:*Z.,........ - 'N........... I I l.i 'I i• .,..--:••• , i,•,,..._ ••. . _ • . , 1. 4 • 4 4 V,A 4- a • . 't 0 ' •, --.1 1 ix- , ',..'--.‘'. ..'... .•.' -• il...,' . ... ._..__ ..... -----__ _____.- i„ - '& 1 . ... ' 43 .--• . 1-i . . - ••• ' 11-.?'A •-.- , ,-,-,-•-• --. ..•-i. --T., IS - •••••=-: .._ -- • PI . ,•1. - • i . ,,. ..,,,-• / .k * • • - _ I ,.. _ • . - . • , '''(• - -*•• ' i. 4• ti fi'''I"- =• _.- ..-1';', •I,• ‘k. ,„, . : ••..." •- _________ .,„ 1 .... ..",.... .•••••••.. = .,„... • . 4.•41,1 's..i•'.' I ,,, • . .../,1,,, __ .,.. . s•mr . -1. , '•,..', • :*.' I •-(7J ---:, li ' -, - ,..,itt..!'" '_ i . (,. . . ,....‘,.."'. ,et:11:•.,,,,,,s•i •tet,- ' I''''' 4.- k i i SI' -:' ' '''d ' ' ' - 1 U fp # '',' -<•. i , - ' - - r • •• ," . , t f '.. .-_-'• . I aJ a) w 4' > 1 0 < l ' 0 ; 3. ,,, ., . ,• / . . i. ... , . . , L,4''''r„,.,,,r----r' --..*--A..:•• '''' ' ' a - tit4i IA•. . , .- • , Z cio at Wticr....• .„ '11 ..."..'-- -.._= . , ‘.,„,,,.,,, 47: . : okT:.. I li - •,.r I • 1111111111111te '' } . I , ' A ( . 0..,) •,-,I. - , k - 0, . t iN - — .,...4 -.: .‘ ,,.. - -- \--- ..-.•\ • * II. --: - _,.._ •,--....=_ , ..'.,- ______ f . a • '- 'f Y Virginia Beach APPLICANT'S NAME La Herradura 4, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, i SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meetin;;that pertains to the ar .-lication(s). APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: 11 Virginia Beach Check here if the APPLICANT IS NOT a corporation, P n aershi- , firm, paLership, business, or other unincorporated organization. -' ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: La Herradura 4, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Wilfredo Andrade Fonseca Jose M. Andrade (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. IT Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri 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:SamJon & Associates, L.P. If an LLC, list the member's names:John Perros 85%, Doreen Walter 5%, Stacie Perros 5%, Georgette Sierra Page 2 of 7 • Va ana Beawl1, Property Manager/Rep: Gabriel Sierra; Legal Rep/Attorney: Jeff Talbert If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) n/a (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) n/a "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • 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 law APPLICANT Virginia Beath YES NO SERVICE PROVIDER (use attdltronat sheets If needed) Z Accounting and/or preparer of ` I your tax return El El Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Zthe 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) l l z Construction Contractors Engineers/Surveyors/Agents Financing (include current El Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Real Estate Brokers / E 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 ❑ ET 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 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicat'•n� Wilfredo Andrade Fonseca 3/01/2022 APPLICAN 'S SIGNAT '7 PRINT NAME DATE Page 5 of 7 • i WN ER Virginia PROVIDER (itse a nal sheets if YES NO SERVICE needed) Accounting and/or preparer of your tax return El ZI Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe 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) 111 F Construction Contractors 111 El Engineers/ Surveyors/Agents Financing (include current Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El LI Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Li 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 r• 1113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. / 9 • Gabriel Sierra (Rep.) 2/23/22 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 ii , Comf°�y°°&,,,,estes --=\ to HERRADURA 4, INC. T/A LA HERRADURA OR CAFE 2006 Atlantic Avenue 1 �` fes Resort N°te1 S .. he Ca Sidewalk Cafe Type r (Atlantic to Pacific) 4 OR V La Herradura Café i i_--- ! Property Lines y II BuildingFootprint Zoning 9 _--`y Green Space 1 Paved Surface 1 Ma°soon '. \ Nightmare Mans‘" J 1 . -- amtio. _.,....--....,40000iiiiirr 20 \ \Ili OR SUnsations 1 i lillgi 10 0 10 20 30 40 50 Feet . , ---.' - .'-.4','• . **1 -. ' "1pIN 4--i-— - .Tiggildmirr;4Mg;• -, • 1 ..„ i .,.• .." - -,nr. l_'..,-,,/1/A .....: • ., Ilf V491k. ' ' Of. . . • . . . k Er Et,' ci. • , —, .. _ .. ,,, = —, , •_.•.,-.4... .. ,--,,.--.7- :.. ....,..... '.......,_-- :0. _ ..1,_, _4 ... , ,.,\\ ,' .., , ''. 4 ,.. -.- ._4__., 44..4, •-.....,,, li • .'''.'..f,1 f , ... > F. -4=• ------..._ .' rD f r 2 pc' r9 -- --_;,-._ - ._ - •-.127_ _._ ..A.,....., .:. ( i 4 a le' . :.-• , (1) Firs ,',• .1.. I . 1 ( ......__"1. S A ----- ..,. . - ,-• . 1 IIIIMftmiey 4 .. . - ' f-•- f -L , ... i. • ft• ...... ,........ \ .... ...... s , '. ...4, •.,' ?.( .. 7. . ..•,," . , ' • - -.."----•• ,r . ,. 4- _. ,47, _ , C ..‘ •— \ .....e. -7;:-- ...•,. ' ,_•••-.. .-----• !-', r_ • • • • , •••••••-, r!!)%11.' • ' " _• .._ . ------- ---_-•••-' %. .* ... ..,,,.....„. 1 \ ... . ' At: •••.1-4. . ..,... . • „,.....,^k_ , Ilk- .....,,.. . ,.,• .. - ,.7:-...',• _• . ...1 ..._ 1•..•... ..:\ ' . ......,,, -'-- --7ZilliNlit • . . .. -..01111111 _ .,... _ --- -,....,---.....; ----,.. rill!17/041>: ' 1 -,:'•,...›.-,. - . _ •.i. -... 7"••••---"-- ' _ __ SI vs . --,...... _ . I•'''"• ' ,,......„....,, .. _ „ ........... _ . ..., . ..... . ,. . . .. . . . - .... " ., ., - ' _....-............. ----or.....„ , • I aho _ ... ....- ,--, . ....., .... .... ......, , --.) ....____ •. • 1 --- N . , ......,.. i . ..._ ...___ Aka , ..,....,., ...... ..___, ..... __ .„. ..„: ..•••, • • .. . , , ,,..... ,.. - . _ -.-7' Or -- . ...„ allit, _ ,• g o \ iiir-- 111111i.- ----.i --- 7--1--...--..4---------.....-______ .,._.. .... - _ .- . ... ',..,,,... 114E1,, ‘-,... '\'s -..--,--- ,, . •, liiii4-L k.: \,. Mt —,...- _ ....._. , • .. • \ \ -. - . . .-- - 1 . .T.,..- ., , . ji jI . :..-• >, , - . . --.............,,. ...--,, -__ - 1 #1 I - .t.. , -....-....--.,v . , all , :40 • Virginia Beach APPLICANT'S NAME Mahi Mah's, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applicati ins and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliadce, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificale of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. +}h'IIii . �s3ii..'II"-vrriny,...�...;5'.2i:."e'^�1:.f�Rv..�y�: SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY, All disclosures must he upd,i:ed two(2)weeks prior to any Page 1 of 7 Planning Cur'mission and City Council ineetinu that pertains to the applicadion(s). A PPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: : IVB I Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Mahi-Mah's, LLC If an LLC, list all member's names: Steve Kissel Mahant Hotel, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Steve Kissel - Director Mahant Hotel, LLC - member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Mahar t Hotel, LLC - landlord See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. pi Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:Mahant Hotel, LLC If an LLC, list the member's names:Bharat Patel Page 2 of 7 ►. Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Bhara: Patel (B) List tie 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 perscn or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any iten is YES, please identify the firm or individual providing the service: IF THE OWNER AJD APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) E11 Accounting and/or preparer of Stanley Accounting your tax return IXiArchitect / Landscape Architect / Earth Scapes Land Planner Contract Purchaser (if other than l l 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 ri V Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders 15<— selected or being considered to provide financing for acquisition or construction of the property) [XI Legal Services Jerry Bowman 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 VO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 • s i Ell Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 - �T: '�...• .. .,..ae..a..fL"'^"e'll�--hy4FvyOY_.. _ OWNER Virginia Beach LYES NO SERVICE PROVIDER (use additional sheets if needed) I��i Li Accounting and/or preparer of Terri Stewart your tax return 1-1 X Architect / Landscape Architect / Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed fl 15(1 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors [5<1 Engineers / Surveyors/Agents Financing (include current Towne Bank r-i mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) [51 Legal Services Jerry Bowman Real Estate Brokers / fl0 Agents/Realtors for current and anticipated future sales of the subject property y.— — • a, ., SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development In, 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 17.• `ik Virginia Beach CERTIFI CATION: I certify t-tat all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting or meeting of any public body or committee in connection with this A;ppfitatto n. '" Rfr,.;"'d Giltyte :r PROPERTY C'IVNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 , . _-.3c.3.------- \ '-'s \ --- \ , ` -./ r!^ li y ' i 1 ' \ , t • ....."'"'''''....- QR.-- .. . \ r r ..?..k \,,- -- ctof Par14. \ 1\ 7G r \ - J' ‘ \--\\\- ___,-------1 OR / OR 1 rr / \\\ r� / \\ q )1 �'� ' t \ -...alli \ . Mahi Mah's, LLC t/a Mahi's Cafe 615 Atlantic Avenue 20 0 20 40 60 Feet /�.A Mahis Mah's Cafe . Zoning 1,_ _ _, Other Existing Outdoor Cafe L_J Property Lines Building Footprint 3 (- S i fi t.l. { P ' '' ___J ...... ii ---- 1 -, ii ...„ \\____i_ : ,....zz..... _ i:i,,, 11� 4 r.....� - ,,, -: : - _____ i ii {{ !! =I ril YW�li.../ }...��. i4 k----- simmon. - / T M MOM i - lel A. = r I -I ,- -•...t. ' ono -'-.7, ' ,:l.:*1,W .., - may` . -- -. rf - t i In OW .7,:, 9 3i #. `-s� as .7/1:, , - , :,--. ''',,_I_.:,,->'.-...-;.-*-?..i,,---,.-- : EI 11--- =I . ;e.• y tag - - . rki -k-I:::--4 t• 4::-.*--=-* -— , ft....i ' a-44 ti .0 :-:sT4:- a r I I eim..... ...-... 11 ifs ..........1 ` ice-- z�a. h 3 rr. Q r E su! s =p a i .. D. 1- _ Esi""a° Q MI * _ sit .1" ,...„,„,,,_- ': ....... ii ..,_,..,..1 i __L. ..,. „,„ , , . . , _, ,... _ , . ,. % .., , r--------I-4 1 = _ ,,, _ - — ,. -mod - -.'s� d �'r i ,,: ',_-_-- , --- M I Alm """,...- ' M - MINNS ----' '. a t a aj: t E -• till L .-� of V V t H ! ! I _...... _...... .... _„,,,„„_, ,, z________ . 1. .-- • 1; t mgO! mem p.---44wwws =.1 QUI- ..""'!° ' lillil i7ri. �i APPLICANT'S NAME 3107 Atlantic, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that Deitains to the apolication(s). APPLICANT NOTIFIED OF HEARING DATE. 0 NO CHANGES AS OF DAFE• L REVISIONS SUBMITTED DATE- _ Virginia Beach I I 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:.3t 0� AF(�"n If an LLC,ppt all member's names: �� /r�c�- ,. Ti 1�i2 ���� H2,olb DyA0_,Ji-7 kit'J k l2 P.--1-c( 2,i( T r-/G✓ (l 1 S+" -i--- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property_owner is different from Applicant. fl Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 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 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. 4..��ti`a��a:�.:..__.-_��.a�z:.�;..:.s:raw�a.c.,e.>:u.,.:u:....�..---_ as...._.._�:�.s.as�:_.... ._�•.�s ... .. � .-�' 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 > "mac VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) EiAccounting and/or preparer of your tax return rtl7 Architect / Landscape Architect / Land Planner 1.._ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed H/ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) r_1/ Construction Contractors _,./. Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) / Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES Ny 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 I /3 carol Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic tion. // I-1-e--; ( ilk IL,,-, CT(fil vt.- APPLIC(ANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 NB OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) fl1----/ Accounting and/or preparer of your tax return Fl/ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than •-" the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed IXpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors 1-1 Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / r._/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ;Does an official or employee of the City of Virginia Beach have ' an interest in the subject land or any proposed development V 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 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic ion. // /--/z-7) i'V-1 4....... ° PROPER OWNER'S SIGNATURE PRINT NAME y E Page 7 of 7 \ \ _, ,__ (\\\ , , a -ems- - \ OR i ti 1 \ .F4 \\ .,,, ••••••••••••••) \ \ \ 1 \ \ \ \ • ram' ._r- , \ \\ , \ /� 33 R0 S� n , .,___,....\ -,-"" --- R \ 3107 Atlantic,LLC t/a North Beach Bar&Pizza Cafe 3107 Atlantic Avenue 20 0 20 40 Feet Z North Beach Bar&Pizza I Zoning jr_ Property Lines Building Footprint 4,.,,.,i,,,,,. 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"If 11111 I 10 l• 0 gqiiiiil ,..,.....,..... oni, ,a illt..$ '2 ' —.------- •-• Ct1 —..—__. —.—___------ Bar&Grill ...,.. .....„ . ..„ 4,1 ..,....,.. ,.ii.,1'0.•i.:7 ,.•,...,6,„..-,.i,•' '-E,...ff • , i RAaiNtsE,1 0 tI,- DI ri••.,t.,,.....•'''' '' e•„•t,ip t eti ?k .., i&•,,ak.t,.v G 3„-c.,', ,,, • '1.?N4 N1:i1,l E,O.,,n.11a1,6.,g11$4t•1 Pr, .• 14 1 , .•,. .. . . .. . ',,,.•im W . 1 : I :th • 4 1 1I 1111 I X .• r,..e ,I I ..0 ..,......, „ , i ... .- •• •00 ....11110'. • 400.1 , ..! ' :72 .,., ,.. . „. 4, r . , ,. ,Al• -—- . ., . _. •, .... '''':' ., , , .0t0Adr.:VON our- ..,,,- -, t—.........D.,-...., ''. ' .." - • 4.ii:,,•iz,, :;• ...,, -• , 7 '•::,41it, 'VAIPOP1r'7 " • . a,. .1,4,.., •4- ,.'4 ' , •'. :,14 7,:,....,,,,,.47-41,),...4,.$01.',. ' .- '..s.'•''.74. 144. ' .,,• ....',:‘,$,..re#`1.7,01' .•.iC.V.A.4,,, ''4,. ' t' L.i •''' 4, , , ,i.`", ;."1-;.* '. •. :',',.'''' . '''4.''2.1"if-1" ' - '. • - -....., ,..••. • L - • , . ..4, V ',' . '' 'wow ''' ,• ' ••'',,•' • ' •`;. ••••''' ''''' " '' . .'' "Milli#1,14. '-••• . • . •• •—, .... '-, •:-'" .., 1,,•,, ' •" '14,-• - ill*. -' •',..4,;:',. r . ' ‘. ' 1,„,'' t '.1141'.' ' ..1*4',', • ' '.0.4wit' .., '''''' .. ' .,."i ',a.,0,...,....'",,„,,,tr., . " , , '''l ,,t•','0,.,..04ittr.'.'' t‘k• '',."A ,r.•• •',•"0k;..,•.' . ' •,' '''''''' ''''''' 4 • . 1140.154fr Itig 1*a.., ''* ' ,. ..,,,,,, '''L'.!'`. •4".,•;',,, „ ,, ._ ,,•••,,,,,....,,,,e,,,,,,,..0 ,. .,..-.,.. •,,,,t:••„..20,0.8_.A.i.......•+• , ,, ,•,,,,• , „:'7;. ,,„•••:.,'..., 1.':,0,,,i,,,,,,{. ..,,:•. •.. ,' "' • ,. .. '...r.-.,,, .'V. j' ...-....,;»,„ ,...,,,-..., ,....-4,...• ‘t...'.."'",.,:.".,c'''.4,„,i,;,'" ".,?V,...,.". ' ,LA.H.' ...^,,. '.,..,..,,,,,•:.''''-r,,,,,,l,'".,:t"., ,.',:11,';'•P 4,P ,,,,. .r0''. , . ,,.4 . . -*,, ,,.,,„„;, ,,,,,, ..1,,,,-,.. ...4.1,,,,40:0*i'',,"•,,^-71f y:), '', .')!:..,,;, ,."*.,,,,,, ...,*(e, :.,' ......ii0,'', ',II,:zi','410**',,.,,,,‘ ‘,..1,;,'t",. i;-.1:A.,•;,,' ...r,,..., ,;, . . • ,* ik! . ..b. :,'^,;,,,.,,•',-.1 ' ,,',''...,',AL.: .'. . .40,40,,,,,:,,,'''..:, '...".' :,„:*0.''',,°.•--t...-,.,.,., •..i.c.,' -',.,i. '. 3107 Atlantic, LLC -..-- •• t- ,..,--.;?::, ''''....›, --''',,A"d4.,:',.".''' •' --....... 4U...‘' ...."'" *"--A, " ts . -,' 4..7',' "'-•••••-•••ft, - -,-::•,, .-,..• - '• ••' ...'`..1?..-',...7.,C'("-'',•;.-• ' ';'7::, ,.- ...•-- .-""4":., •,:,t; ..-.-!',.•:!",.. "..-Itn,:**fe. . ',. 741 ,f.,,. . —,,......'4','7'.^',' ., '' ";-,'',,_",,.• ',i, ',...,,,,;mer,,,'"'••''44.:;„,!;:t.,. ::.`!";;;.4., !I' ,4,:... ,,,•,... •-... ,,z•,.• ,1::•.;,,i,,,y .!%.,,,,,,•.!" .!,:!,..., • '.'.- :•.• ......, ' t/a North Beach Bar& Pizza Café - .,......',•-•_..-•.':,••••••.,-,-- - '''''. :,....e.4.j.:,... '4'' '...)''!.•.'.... .i.r:Pr.'Z' . 41,V,. ', '.'., .7"f;'.''''' ' '... -7.-. "- • .....7,..•..•-L 3107 Atlantic Avenue ._. • . N '. ,. ../ .. ' .' . •'. '"' .. . .1.. ,.,.. ' . . . ''' ..... Iiiiii Virginia Beach APPLICANT'S NAME Osprov Respublik, Inc. t/a Oceanhouse Waterfront DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay ^� Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, 4 s SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit, Council meetino that r ertains to the a ;-lication(s). APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beacb Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: £ s4?oL e r f` If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 013 eprE Led ---pr.c..x,de_-- ls /r`e‘s„, (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) ti4 See next page for information pertaining to footnotes' and 2 s-- 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. pi Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FlCheck here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: k 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) vk FittA triter-1u- • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 4 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 APPLICANT Virginia Beach PROVIDER (useadditional sheets if YES NO SERVICE � needed) y Accounting and/or preparer of a", Ka your tax return 2:41.0 67k,f stid vte n © Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than E._ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed lig purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 21 Construction Contractors 12:1 Engineers /Surveyors/Agents Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ei Legal Services k aLra` i 5 3/3 3 V, ►3��.Qt�L k� d,td�4ti rlf Real Estate Brokers / LAgents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El V 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 i • Virginia Beach a 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. Qr fibeikei z-z3 -iu APPLICANT GNATURE PRINT NAME DATE Page 5 of 7 = OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return W.- Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) [.1 Construction Contractors EIEngineers / Surveyors/Agents Financing (include current 1-----k1" mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) l 11:2:1 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n 2 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 w\B Virginia Bw,b s _. IOW 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 1 meeting, or meeting of any public body or committee in connection with this Applicati . lhf✓ill NflGcitco /2E02_ PROPERTY OWNER'S SIGNATURE PRINT NAME T Page 7 of 7 "... -- tr y iz:: 1 ii \ . c\ - ,.`.. rn _ter k • \ A • -----i ............. ..- i(?D Osprov Republik, Inc. t/a Oceanhouse Waterfront Cafe 1905 Atlantic Avenue 20 0 20 40 Feet A Oceanhouse Waterfront Cafe Zoning FJ Property Lines Building Footprint ..- ,, • ,,,• s .,, 4 N , 1. •••••11. _...........-••••••-, •-•-•••"---:."- ....,- 'I,(•11‘15--,—illaj. ' . 4.... . '''' ••••••• • .,-•• _ ._ --.. ..... .. •• •••••-. •I t -...., 11 . 'esp •,,, • - , ) ,,t..•, -, .. \._,,,...t..-.4. ]:-._•,,,,-__ I P . • I-.. i'i,• ",i',. .A... — ---'cif•lit.lit•" .' . .•-- , I ., , •,, .- '. - 1 • • .---.,-, _., ...mir........- ,ir • I,,,S4 7 I .., :...,,,... . -, ......Z...._ ..._ : I, , -"• ..41 " i ,..10. - .i." .."-- -—. l'...--- ''''' . _ . •. . ililir , - • ... , . 1 t • ' . ' . IFILIIIIMII ti-\' /..,,s4a4„,.._- _ -;>•;„'--\-• - '.*-- • ' '11--...s.. Will i j 4- - ....‘gq1111,:•., ,.,, ,i. - -'---..:. - - jo, , l*°' 91. al - , . , • - IL 1 • e \ 41:-1 4 ,,....._ INIIIIIIIEr//A 4. .7 . 114, '‘..- - , . • - . ' INNIIIIIIIM/l'a411 , 1, ' ' - • . ._. '-,-, - /%-1 --11; ) 'ad ''''. • -• / 11.1.11.4.01W; T k ,..,. , Ali N ' --; ;: ---;•=4-,i, •-• ow rIk_ii ' immmins LW 1 - .'-'' \ ..... . . „;, f • „, 4.,..-:. ,' . lir -----4' .-- ----- \ I •'-"'"Illir-.if- r. immoral' _s, ---- -- ,.• f,-,:; _. ,.. , _ . ..— 1----.-, ----- moor ..„ ii -• ' .....-f ' - '---- .-----_-_-- p . __. ...s... . . -••., -,., - • . r= 1 ,- ., if- -_ ,,,,. - — _.i.,-. ., .• . .. ,. . .. ., ......_ , . . il 1.,_-_--.-. ,.. = !_t_._.f _ffi PIM" -- • I----'Z - 4.--,-..- ..„, , ''• 41 . _ J , : ..e • - ..._.:*# ; 4r•--7--7" • u..........,____- - i .44.• ,..,,, ... •.......,..t.„.._„: AT,.. ...4 ...-. 4E— 11•11. -- ---- ' --',- i-, N / - ,• ,• a ' A,-.•.:-IL----_ 1' , I.• . . -•:.-,-.,.. •:$•';'•-• i . ----.. . - / " I .--......„ 1=F.. . ... ---; . ,' . .„ . . ......._ ,,...., ,....... ...... . . ...,... , -.. - .. ... ,_,.._.. ,„.., , ....„ .. „...„. .. ..,. , _...... .... ,..... .,....‹..,„ ,....__, :„........ :.. .....,:...,.,.. , . .. ... _ ...... , . . , .... , ___.... ...... .,,, . , . . ,.....,, ,,.. . . . • ..,r • - ., t' in ........ ' •,. / ...... ..... ... - * . r t i I- -.. . V ....___—.„.........._ 1...- .} . .... _ ,_ ..a.ri.1.7_ •• . .--- . -- . • I •41/ I CO U , —......, • 4-, C 0 ' ..,.,„:-..._,,,„„,.., •• 't , L.,--........ ...... , i •- , _ ., >I M M 0. ...,... Zit • 44", I i 1 igPi CU c m 0> ucij <ammer i.la* :‘ i . .. . - ‘ , . . - • • ") - • , - - \ .i., , • - .,,. • ‘ • . . - , „_ • ‘ Virginia Beach 7- � APPLICANT'S NAME Osprov Respublik, Inc. tla Johhny Mananas DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: fir an,gt Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__e to,' /ef_tau 6/J2 JM If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) / frcide- rrea-s,- /�,c-c_ < (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) p i See next page for information pertaining to footnotes and 2 40 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: _0 ()IV If an LLC, list the member's names: Page 2 of 7 fottl . Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, 77,cg#,j etc. below: (Attach list if necessary) c n-"V, �y SGreer vi 1 4 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) P/ 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than, parent-subsidiary relationship, that exists when (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. 4 ` 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 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 111 Accounting and/or preparer of 1)64, 'mot' �`- your tax returni.fd-Aertr--ii Pre- Z3YS2-- 1 l Es-- Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than R 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) El1=} Construction Contractors w. Engineers / Surveyors/Agents Financing (include current fl n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ei Legal Services Lc o -d 5-Cc-K`4. 3333 VAR-r1,cAciL (Ve) .sekAi 23 vi Real Estate Brokers / flAgents/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 ❑ lar 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 NIB Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. e._----"- gd6e-H4V9(kei z-2.3-2v2-2- APPLICANT IGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 1=1 Accounting and/or preparer of your tax return ElFla Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ �y" the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ RI purchaser of the subject property (identify purchaser(s) and purchaser's service providers) E Construction Contractors ❑ pit Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ri Legal Services Real Estate Brokers / 111 Agents/Realtors for current and anticipated future sales of the subject property • i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ �/ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 _ Virginia Beach MUM 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. ". �;�/ F/U M U�P 2-Z3-2i PRPIPERTY OW ER'S S GT ATU PRINT NAME DATE Page 7 of 7 . 0 \. \ 1 1 --- fr., .----- Iii 7 OR \ 2: c \ ,,. ...„. --- , �.•` Arc 1.-- -- . OR • )' \' \ ..............-------_. 1\ ... . w Y -- Y. 1', r----- \ w" ter-,.--- Osprov Respublik, Inc.t/a Johnny Mananas Cafe 2207 Atlantic Avenue 20 0 20 40 so Feet A Johny Manana Cafe Zoning [ ! Property Lines Building Footprint IL.- I' f fir. _ • It • :toe -- ---..- -, • • a(.. 0 . :_,,,_ ,4, . ,, .,,, s ;d-r K:` 3i _____ ,,,..4.,, „- _.:. ., • , : _ ., t ,, -- ;/I V I Allp ili t' + w` ,. i_ -, -_ ------j- i&flr: . ----,..-1:: _r--J--- , — • ,1,,. , IL ... L/1L/iLkL �= .i.- t - ,--'' 111-''. .:' Irt-—- ri. . 1 '_ i .:._ ..__ / / --- I_ , ., ,, . _ _____ ,. ,:_________ im- 0 1 • . .aswiw_e- .a+� It I�.�- j I , iii :::, ......._ ,.., , . , .,.. 4..-..-. ... ..._...— . r—_. l ---7.----=-711i- , _...... _..... _. ; - ' ..,...... . ., ., = „1:_____, ____, . , .. ., _ , . ...___ . i i ' : -- 11 ,.. T/ 4.••••••••=•••• l. •••••me./'N.__: �f F A =f fMf=I/ ,4L..../14 v, :ii.......1....., Min Inal : ? . • -•• • I . , ... ........ -, i _ ,,...: .. _ • ....._ _ s .. ... , _ .. .: , ..._ . , ...,,, - . ,. , //..,.___61_// -'./---'-/_'"-_'.'_',.:_..i .,./. i,i._.E_.t,...__1..__.-e..lsoi,i. logo —s +. .-n._oi...,..o.um..-...m.-m....s,... A_ ,. ,., ...—,.0..i. ....-1,.,:1..•.•..•..1,,. '.,.1...I f,7 t..r..r.:.,4;i./.,A::*1-1 :.4 4,k•._.:t.-4-•,,k-.1...,"..'.'.-.._•.„ .:,.-'„_I_....-.,.„V.'*1",........,..'i,',t..,1i_-. 1, ., , vim- + ' s F `tom. c V) z ril it/ /1.MM1--1 iIININNiggis i liar "lic— . .,7 lbainiasit HI n ca _ 1---1111111.11.111. 0 N 414B - 4iia Reach __�.....�.APPLICANT'S NAME Atlantic Sands, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. 4 i SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/ All disclosures must be updated two(21 weeks prior to any Page 1 of 7 Planning Commission and Cit. Council meetin-. that ;_ertains to the ai plication(sL. CI APPLICANT NOTIFIED OF HEARING DATE: CI NO CHANGES AS OF DATE: Q REVISIONS SUBMITTED DATE: imp ,„ 4 - it* Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. aCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: r' _. !-NOS, lNc_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 1-EE rip���t 'moo P-C (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ill 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: Harrison Virginia Atlantic, LLC If an LLC, list the member's names: Page 2 of 7 • 13faC1;T If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) John H. Harrison - Member(50%) Hale Harrison - Member (50%) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Attached. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Vf3 APPLICANT 'Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) LI El Accounting and/or preparer of your tax return ❑ T Architect / Landscape Architect / Land Planner Contract Purchaser(if other than LIEi the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElElConstruction Contractors 111 n Engineers /Surveyors/Agents Financing (include current El mortgage holders and lenders Ei selected or being considered to provide financing for acquisition or construction of the property) ElW Legal Services Real Estate Brokers / III E Agents/Realtors for current and anticipated future sales of the subject property 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development LIcontingent 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 5 r Virginia Beach dmemminemp......ti. 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(m eting of any public body or committee in connection with this Application.',"(_ , r _ •_______O.A......—/L. APPLICANTS SIGNAT PRINT NAME DATE I a i � --- Page 5 of 7 OWNER Virginia Beach YES I NO SERVICE PROVIDER (use additional sheets if needed) ❑ F- Accounting and/or preparer of your tax return LI ❑ Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than ❑ n the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ El Construction Contractors ❑ ❑ Engineers /Surveyors/Agents Financing (include current ❑ mortgage holders and lenders Ei selected or being considered to provide financing for acquisition or construction of the property) ❑ X❑ 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 interest in the subject land or any proposed development ❑ 0an 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 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE 5• Hate-H rri n' G. Hale Harrison 3/3/2022 Authorized Person Page 7 of 7 Year of Entity Operating Property Type of Entity Organization FEIN Continuity Date Harrison Hall Hotel,Inc. Va Harrison Hall Hotel C Corporation 1969 52-0893378 11/23/2011 Harrison Hall Funding,Inc. Va Harrison Hall Hotel C Corporation 2004 Hale&John H.Harrison Partnership 1971 11/23/2011 Prim Plaza Hotel,Inc. t/a Plim Plaza Hotel 8 Paul Revere C Corporation 1972 52-0975797 11/23/2011 Plim Plaza,Inc. Va Plim Plaza Hotel&Paul Revere Hale&John H.Harrison Partnership Va Plim Plaza Hotel&Paul Revere Partnership 1971 52-0912184 Barbizon Apartments Other Real Estate Partnership 1974 52-1021411 11/23/2011 Harrison Inn Sixty-Six.Inc. Va Holiday Inn and Reflections/Harbor Watch C Corporation 1980 52-1191391 11/23/2011 Harrison Inn Sixty-Six Proffered LLC Holiday Inn and Reflections LLC 2007 26-3768145 Harrison Inn Fifty-Eight,LLC Holiday Inn and Reflections LLC 2007 52-1252199 Harrison Inn 66 Business Trust(Converted to Harrison 66st Street LLC 2017) Holiday Inn and Reflections Business Trust 2007 20-7418840 Harrison 66 Inn Acceptance,LLC Holiday Inn and Reflections LLC 2007 Harrison Group,Supply.Sales Harrison Group Gen.&Admin. Partnership 1981 52-1225852 11/23/2011 Harrison Group Supply J&H Harrison Partnership Va Lan_gmaid and Friedel Farms Partnership 1981 52-1252185 11/23/2011 Harrison Inn Inlet,Inc. Va Oceanic Motel C Corporation 1983 52-1299028 11/23/2011 Harrison Inlet Acquisition,LLC Va Oceanic Motel LLC 2012 45-5546315 Sandpiper Dunes,Inc. Sandpiper Dunes Condominiums S Corporation 1983 52-1317058 11/23/2011 Harrison Inn Sandpiper LLC Sandpiper Dunes Condominiums(Surf Villa) S Corporation 1983 52-1317058 Second Street Condominium,Inc. Other Real Estate C Corporation 1283 52-1383800 11/23/2011 Harrison Inn Stardust,Inc. Va Hilton Oceanfront Suites S Corporation 1986 52-1487966 11/23/2011 Harrison Inn Stardust Preferred LLC Va Hilton Oceanfront Suites LLC 2008 26-4155774 Harrison Inn Stardust Business Trust Va Hilton Oceanfront Suites Business Trust 2008 26-4155774 Ocean View.Inc. Va Holiday Inn Hotel&Suites S Corporation 1986 52-1485121 11/23/2011 Harrison Inn Ocean View SPE LLC Va Holiday Inn Hotel&Suites 46-5556532 Harrison Inn SPC,Inc. Vs Holiday Inn Hotel&Suites C Corporation 2007 26-0265281 Harrison Inn Boardwalk,Inc. Quality Inn Boardwalk S Corporation 1987 52-1493275 11/23/2011 Harrison 0117.LLC Quality Inn Boardwalk LLC 1999 52-1495090 Harrison QI 17 Funding LLC Quality Inn Boardwalk LLC 199 52-1495090 HI QI 17 Management Enterpnses Inc. Quality Inn Boardwalk S Corporation 2012 45-5228866 Harrison Inn Sandyhill.Inc. Other Real Estate S Corporation 1987 52-1495086 11/23/2011 Harrison Inn Seabonay Inc. Va Seabonay Motel S Corporation 1988 52-1558784 11/23/2011 Harrison 26th'Philadelphia,Inc. 26th&Philadelphia-Happy Jacks S Corporation 1989 52-1603968 11/23/2011 Harrison Funding.Inc. Harrison Funding S Corporation 1993 52-1847888 11/23/2011 Harnson QI 54.LLC Va Quality Inn Oceanfront LLC 1999 52-0975286 11/23/2011 Harrison QI 54 Funding,LLC Va Quality Inn Oceanfront LLC 1999 52-0975286 Harrison 0154 Management Enterpnses.Inc. Va Quality Inn Oceanfront S Corporation 2012 HI Q1 54 Management Enterpnses,Inc. Va Quality Inn Oceanfront S Corporation 2012 45-5229065 Harrison BW Boardwalk.Inc. Va Flagship Oceanfront C Corporation 2004 20-0765110 11/23/2011 Harrison BW Funding,Inc. Va Flagship Oceanfront C Corporation 2004 20-0765182 Harrison Inn Ocean View Preferred LLC Va Holiday Inn Hotel&Suites LLC 2007 26-0265249 11/23/2011 Harrison Inn Ocean View Business Trust Vs Holiday Inn Hotel&Suites Business Trust 2007 26-0265249 Harrison Inn Ocean View SPC Inc Vs Holiday Inn Hotel&Suites 46-5556951 Harrison HI 18,LLC(converted from Partnership in 2000) Va Holiday Inn Hotel&Suites LLC 1986 52-1495087 Harrison Inn 18 Suites.LLC Va Holiday Inn Hotel&Suites LLC 2007 26-0265223 Harrison Inn 18 Management Enterprises,Inc. Va Holiday Inn Hotel&Suites S Corporation 2014 46-5558117 Harrison Inn Corolla LLC Vs Harnson Inn-Corolla LLC 2013 46-2621904 5/23/2013 Harrison Inn Corolla Management Enterprises,Inc. Vs Harnson Inn-Corolla S Corporation 2013 46-2689276 Harrison Inn Corolla MM Inc. Vs Harnson Inn-Corolla S Corporation 2013 46-2637634 Harrison Virginia Atlantic,LLC Va Surbreak Hotel LLC 2014 47-1935844 1/8/2015 Va Surfbreak Hotel Vs Surbreak Hotel LLC 2015 Harrison Corolla Apartments,LLC Other Real Estate LLC 2015 47-5668349 ? Harrison 1608 Philadelphia Avenue.LLC Other Real Estate LLC 2015 47-5668624 12/15/2015 Harrison 34th Street LLC Other Real Estate LLC 2016 81-4389104 Harrison 1500 Philadelphia Ave LLC Other Real Estate LLC 2016 81-3639956 Harrison Stephen Decatur Highway LLC Other Real Estate LLC 2016 81-4204108 Harrison 0133.LLC Va DoubleTree by Hilton LLC 2016 81-1861958 5/17/2016 Harnson Inn Alpha.Inc. 11/23/2011 Harrison Inn 58,Ltd.Limited Partnership 11/23/2011 Harrison Inn Stardust Acceptance,LLC 11/23/2011 Hale Harrison,John H.Harrison,Helen Faucette d/b/a Harrison Farms.a General Partnership 11/23/2011 Barbizon,Inc. 11/23/2011 Harrison Sandpiper,LLC 11/23/2011 Hale Harrison 11/23/2011 John H.Harrison 11/23/2011 John H.Harrison and Hale Harrison Partnership 11/23/2011 Quality Inn Boardwalk Partnership Quality Inn Boardwalk,Inc. 41 QI 17 Management Enterprises,Inc. J&H Insurance Harnson Group General&Admininstative 98-1278278 Harnson Virginia Beach South LLC Hampton Inn Virginia Beach Oceanfront South LLC 2021 87-1164794 8/16/2021 Harnson Virginia Beach South SPE,LLC 2021 87-2112171 8/16/2021 \ _ .r OR , \ \ i \,\ 1 , v 1 1 C.; , ..___ t', ti.,F+=.'ate 11-0-,s7.____---- , ....., crt , . \ lilli OR i (*)I t /'-- 1 1 Atlantic Sands, Inc. t/a Calypso Bar&Grill Cafe 20 0 20 40 Feet 1101 Atlantic Avenue vA Calypso Bar& Grill Zoning ' Other Existing Outdoor Cafe Eli 1 Property Lines IBuilding Footprint • .+•! ��Yr.► •� iY , ! , �3., • ref ->:S s'-I �`.0".'P' 1 -_ irc11, - ...� .. - yI, •- mil., - E ', , In :.1 , r 'r .•.•lill I E r•• Via is _ . . .... 0. _ f � _. _ t �_ = ` Di '•p Mv ' s 41.•..,. • ik filif a 11_ _. iwk ...._ _ ' !_•adslitiq _ t '� ,. .,1 ',,- it7. its ��. T v'.K, �a t - f = J • }jam '' •�e , r= - j F _ 4 Y %\ I ,...'-'t•fs;o.. 1111‘.- tt'1 • f i"i '' -i i 1. -..'47 4,. iir•_,,,i ss--;.' ';d1."-' ,• Ifis ir `_ _. #f 1 sue/ �.,,,.f..�.. �• •404, r_}-'�`` ri •t ► 1� fr �-� _ _ - ,ir34'1 _ ter' `�f _-c,. -�1 - ti. - .�� x- 4rsxr?� C is ‘,,› • . :• .1 -A `pp ± J7y..,..?\7043•T �3T+� l4 • f sC ; ti S ;c 1 , y - t �i tom.+ �,.. ti "�, s'r • ,+ a��•�: �lil+♦ 4 f I I,:VI .2 . , • j ♦. •,- ` ♦.•}�- Y �`' tom,- r • • • - ► ` • #, . N . ► -, ,�. . to M ' .. ''N "- 4 -• ." ' g ': i 4, V. 0 . �i ,' ..-'. .',i_. , 4t.V,,,k,:k., .,; eo „,„ 0 ' . f r'�4 - t ''{rs ��.� - • S ;` y�i_ ;i tSry � ';7t Virginia Beach APPLICANT'S NAME 4I-k - DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: _ REVISIONS SUBMITTED DATE: NIB Virginia Beach ri Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 4-11exn-` It?ris es retc_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) T`►e Gk eo,nL-,n 4-- in n See next page for information pertaining to footnotes.' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Ai ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) y11 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) /0 "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. 4 f 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 • • APPLICANT Virginia Beach PROVIDER (use additional sheets if YES NO SERVICE needed) t - EIAccounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than t a the Applicant) - identify purchaser and purchaser's service providers • Any other pending or proposed EI purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ElConstruction Contractors ElEngineers / Surveyors/Agents Financing (include current 111 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers / 111 E Agents/Realtors for current and anticipated future sales of the subject property S SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ lig 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 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. / Andre.eJ lt1• 1 KD.3 Z/L2/ZazZ. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ElAccounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ETthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El (Y purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ErConstruction Contractors ElEl Engineers / Surveyors/Agents Financing (include current [LC mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1 Legal Services Real Estate Brokers / 111 Er 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 aan 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 \fi3 Virginia Beach '41MY Y.w✓ 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 l ! r i Atl.avttic Ewterprises, IVtc t/a The oceaw f i-owt Rut. P.O.1300.52 Vl'rg%vtiia each, VA 23451 Officers, Directors and Trustees Officers: Andrew W. Vakos President George W. Vakos, Jr Vice-President Matthew C. Vakos Secretary John W. Vakos, Sr Treasurer Directors: Charles J. Vakos Director ' Linda P. Vakos Director Trustees: Donica Cool Trustee Alexandria Deford Trustee Jan Williamson Trustee Sandi Vakos Trustee Mark Vakos Trustee r rr ---..........v , 1 f� t ' 1 t • . / \ I \ s --, / \\ \00 ..:.,_.„.....,- ).-kr":C ..-- r ..... - ,,,./4//' ..--- 0 P ., \ n Z. _ ,„..--"------------ \ r Atlantic Enterprises,Inc.t/a Oceanfront Inn Cafe 2901 Atlantic Avenue 20 0 20 40 Feet /A (Cafe name) Q Zoning ;_ _ ! Property Lines Q Building Footprint — I «/' 4 s ,c- ti , . Y ' rt .., 1 ':)iii t 1 it 1 4t --" - 1 ti , . . ..« - ► _ , , , siii , , , . •• .. „:„. , ! „iir ._ ,4. i T _ E - , .... y '.-- -1.0,il,....-- 0 lifi ati - . eir _ � :' 't 1 I k) '' ,t. , , 0. , .. , .. •,, i _.i , ,i,„ AL, &, i ati,„ —.---- 1 ...,,,..„,'- „ -elitttirg-ir y �,. ;ram r l 1 i 1 icv 1 6 .__ , ... , , ,..,. , 1 i..., t IL \ , , , I. - - . . ! 4 .r.- ,.! ) 11, 1111111. 1 k. : - i 4 z 4 4, . , .. _ .._ „. X .), ` - . ..., , , , - * 1 IA . - 1 4 1.4 t . .tom f - -- few .__ i ,; „ , !..' * , *4,ri: iiroH_ ; -lit IIII p Air r.'s ' 4 ' i ,.4. +-.�i .'sue }•' 4, 1 / : �.. I - i i .., lir....................;/ , ,`" / -'',a- �cai �t 7 immumr: &__ •mil •"41 .. , . ;. ... i4- 0.,) tal an C GJ o C f C E C � L� C f0 �� V Q gr\B Virginia Beach APPLICANT'S NAME FOUR SAILS TIMESHARE OWNERS ASSN., INC. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). Ei TAPPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE 1 REVISIONS SUBMITTED DATE: l .,.. v ..-' �pis .""'�.s: .;: • Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Four Sails Timeshare Owner's A s ve ,,,, I) 0-- , J If an LLC, list all member's names: /,y If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) see attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. pi Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:NIA If an LLC, list the member's names: Page 2 of 7 cupM .. Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) see attached N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code 5 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 5 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 operatinca 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 , 4r..:..'a.,,ss.,+--r'w .��.. - _ APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ (Accounting and/or preparer of Frank Hajek 8 Assoc.PA your tax return 25 W,Courtland St.Ste 101 Z1 Architect / Landscape Architect / Bel Air, MD. 21014 Land Planner Contract Purchaser(if other than 111 X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Fl purchaser of the subject property (identify purchaser(s) and purchaser's service providers) LiX Construction Contractors XEngineers / Surveyors/Agents Financing (include current x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Xu Legal Services John Sawyer w/Wolcott Rivers,Gates Real Estate Brokers / 200 Bendix Rd. #300 I l Agents/Realtors for current and Viriginia Beach, VA 23452 anticipated future sales of the subject property - 4 --, . SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have iz 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 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this i Applicatyp• -- - — Robert Davis 2/22/22 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER y` Virginia Beach YES NO SERVICE 1 PROVIDER (use additional sheets if needed) _J n Accounting and/or preparer of Fank Hajek 8�Assoc.PA. 1><I your tax return 25 Courtlank St. Ste. 101 ZArchitect / Landscape Architect / Bel Air, MD 21014 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 tt��.. (identify purchaser(s) and purchaser's service providers) Construction Contractors 111 Engineers /Surveyors/Agents Financing (include current xi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services John Sawyer w/Wolcott Rivers Gates Real Estate Brokers / 200 Bendix Rd.#300 ® Agents/Realtors for current and Virginina Beach,VA 23452 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 Ian interest in the subject land or any proposed development �J 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 P - _ NAB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting,ef any public body or committee in connection with this Application. I Robert Davis 2/22/22 P fP eNNER'S SIGRtAfiJRE PRINT NAME DATE Page 7 of 7 Directors of the Four Sails Time-Share Owners Association Gary Edgerton Stephen Hogan Theresa Shampoe 14106 Beachmere Dr 1005 Timberwood Ct. 3444 Winding Trail Cir Chester,VA 23831 Virginia Beach, VA 23454 Virginia Beach,VA 23456 Kenneth Irby Nancy Collins 2738 Red Lane Rd 1063 Warwick Ave Powhatan,VA 23139 Norfolk,VA 23503 i ‘, \ t t\te i _ — --- \\ _ __________ :,-:-E.---- --"' ' 11 OR 75,j el i 1 1 OR v.-44\ , \ _ --- ---- :,..:„„) 33R�SI _. OR _iiiiiiiiiiiiiii Four Sails Timeshare Owners Association, Inc.t/a Katie's 33rd Street Cafe rmi 3301 Atlantic Avenue 20 0 20 40 60 Feet V% Katies 33rd Street Cafe II Zoning Building Footprint 47 t .. - i ,, -• ..fi. : ' 1.I * ' 4, ,,, - - i.,,. RN , i" - - - ' . -A;Z:fi -• t. . ,.r J'"•e- . ,' ,- _.... • .s-. el,i 1' i it 7''—-1 •-• 0 -..-,-. •:•-, - .. -.,.7,: ..,-.." -...' , r-,..•,.--;tf- _ - :,*_,-: . -i.00' - . , • .•,, - _, ,, i , , , , urns.o -""- .4",,,,, .--:„. - .ii 10 ,t -• •-• • 'i,,,i; ''.'i ",• -.' - '!• '''.11c,'•,,, 4 •,' . 1 - !: '-,1., •,' . ,j-r-t4 ., •l• ' * r i ''',' .. -- t tj'' '`• 1 •*:-..;.4,7):. -1.•. E ts..-t,• t,L•'4:'-;j..,..-/- 1 i 1 4.;r. '' i.. 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DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE 14 Iuu S 1S co r pc r eph D o i fl hcFka L� FOR CITY USE.ONLY/All disclosures must he update-:tw:1121weel•s prior to eny Page 1 of 7 t'lannin2 Commission and.Cl-.Council meetian that--ertains t:,the a-olicatinnrsl. f [� APPLICANT NOTIFIED OF HEARING DAf E: NO CHANGES AS OF DATF. REVISIONS SUBMITTED DATF_ Virginia Reach 11 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 611 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 4+11 rvIc. Re.54Kuakil."71 i+a in'A 3-6 0 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. [2:1 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: if an LLC, list the member's names: Page 2 of 7 XI)AEI; Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) acNs44a u 1oS frj/CPC$ 4)iqM n.0 714 Q iS4144,1-ftk 4mir'd DID i` (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 indude that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection With the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: iF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY 11\\ 1?\ Page 3 of 7 • VB APPLICANT Virgim—a Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E PI Accounting and/or preparer of your tax return * E] 0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors E , Engineers/Surveyors/Agents Financing (include current Pi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ei 0 Legal Services Real Estate Brokers / Agents/Rea{tars for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N Does an official or employee of the City of Virginia Beach have 0 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 4 T` Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this bi Applicati n. ti\ - Q d. I Lo 0Z'23-: APPLICANT'S SIGNATURE PRINT NAME DATE • Page 5 of 7 • OWNER .12B Virginias YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of 1-111 your tax return El En Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than VIthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property q�J (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current D 12:1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El EY_.! Legal Services Real Estate Brokers / 111 VI Agents/Realtors for current and anticipated future sales of the subject property y r SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El an interest in the subject land or any proposed development �j 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 �sd Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Applic tion. -t Pr � Sell e./t/ i c eSCie" a2 �v.21, j• •PERTY OWNER'S SIGNATURE PRINT NAME A Page 7 of 7 q l ►R' 5 G. \ • \ --. ,� ol� \ \ ,,, _ ,4 __ ,,,,,, ...,......-- ' ——------:,......-.--- - -- \ , \ D_----\ \ ,--- \ ; \ , 1 \ ,, \ t N a \ ‘ — .4\1 ,, Ahata, Inc. t/a Pier 23 Cafe 2224 Atlantic Avenue 20 0 20 Feet /A Pier 23 Cafe Zoning R _ _: Other Existing Outdoor Cafe i_-_-' Property Lines Building Footprint -----` t---- S ., ....... _ ...._ _ all v) 1 ' w 0 '_. 1 • P- , ' . It -*-127--- -- .• -- .1 - - - ' .•MEP - ji47,...... a.., ..UBE ig TB tiliaillr :ti*:••• - 241-:'4..:•:-4 .''. --.- - ;Ill Yr, ittlatilk ..--aw - . 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JIIIIIMMIII"Milliiiiiiiiirf -, Ir..-- '- ais * ; 1 IffsiNiNasmasaiimiaraNiq d tiri jimummisammolimill., i j •I iiii% s - ma....--- I t. jimMININIMIIM1111.1.1.11.11111.11.11117 . . 1 I, 4 I -,' ) ..„,- , 1 p i t,' 1, mi..........00.m"".1 . i . - ............mmuillmillaq .....................••■••••""--"'T ...A Virginia Beach APPLICANT'S NAME VIRGINIA GEORGE CO., INC./3224 Atlantic Ave DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board j • -----� The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: .'tom?y�'`. -L_'. ',�.�-- ".nn �.�p�• :�:.._ _ L T.+a) ,;"-' - T'--: tcr?..0 r a ►.-..Za;T4r t_ • _ ., •' a. t i' t:a.- :-. �,.,� L �. - T„ r 4 7 ''rw�.� yl . .*-- y i i i S�'r -i 4 r C • • arli Cif Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Fr: Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's namc!ilginia Geor.ge Co., Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) George Kotarides, President/Sole Officer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ri Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. [Z] 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:Orbit Enterprises, LLC If an LLC, list the member's names: Deepak Patel Page 2 of 7 • \113,,,„e Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) . 2) O'N1' Spa- L- i)�t.�'�.,� Q cdr -E, . 17 ?4)4-A- (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 entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 -- '":}a :x 3 '�: .���,i:{:...- t t:', .�%?�jr.�"L�c``+�15"r + - fc- ,���c�`.f���.". ',r:.�a�,_r•-;�"yr-'��_�st3� ^-'-s?•-.c�X=�.,.- .-�.a a - .. .. _. _ T^� • �.: "��:L'.•` _ ° ,�,`i. --�! :r``''{` ti;i,+�-.i. l,,, .`i "'y:'^.n_"�'.'. 'yi.'T ,..,,r-j n. •> -_ ,.{y'�_ r..i _ ar7a,��X'�.�� ` ',��.�`-��,•.._'xl:r ,..71Q";7 ry-,a ..: '; may, . _ -4'. APPLICANT Virginia Beach YES NO SERVICE PROVIDER ( se,additiobal sheets if needed) 11:1 El Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser(jf 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) LI ® Construction Contractors LI ® Engineers /Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development fl 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 3 `1' _ r r_—Y,w...s s'z r_:..:..... .., ... .:.>. - ;�i,'•4? -t � „ q `,J-•*vit��.-+ .'ter. "-.iei:se•YF ==-c-=a - YiTL 4�� � ...--n... r- a -t'•R7`•••^ +• Fe`.{ b _jft r'r"T..'y -.°L .v.?L ?-1. • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. a George Kotarides 2/19/2022 APPLICANT'S SI NATURE PRINT NAME DATE Page 5 of 7 furl OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return X Architect / Landscape Architect / Land Planner Contract Purchaser (if other than Fl X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors nn Engineers / Surveyors/ Agents Financing (include current n 15-<1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Real Estate Brokers / (� Agents/Realtors for current and I/\' anticipated future sales of the subject property .---_ . Oi:At-'vRzi•ai.-x�INicC' .-sza,sra.....•-iMz+Yare,on pF...f?iF•.... w+1li1i' Via,.•h•y«'.-. r_ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 sxsRkGy.+-.�. h• Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Deepak Patel } Z I 1'7 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 -= OR \\\, r'''‘ 0 R 'l f/ '14 ' / / '' A�______33—sio- 1 ( • •P r" \ _.----- \'''\ - 4. --!' - --' OR 1 / \- , , \ \_______---------- OR 1 1.� '1,. r f.t- A . ..... Virginia George Co., Inc.t/a Dough Boys Cafe 3224 Atlantic Avenue 20 0 20 Feet V% Dough Boys Cafe F.7 Zoning Property Lines Building Footprint --:_VI iiii#:,' l@Vrkt 1 : ft ..,.. . _ ,. 4 , ...<_ ......, _......_ , , ... . ..4. ,. a . 4 . „ , ilk ,,,„2.. I ... . .I . N\ . , k.11.,, v, ..... ,., . . „ N 1 41/ lot , • r ! + r M .. '."ram w.r.rr. ,,..14 1 i i ''') ' A • r���D E q 1 ••♦ yr ► 1 4 w t1.ea , ,, 1. v 4- r' 1,Xtr'''' '14.11, 1' par al .v r 4#1...10011111 , .„ At. i il,lj:: r I - '''''.-.' . li, 1II _ F ... I1ti1�11111 �, , ,, . 1 1'fj 0 i i / 10 11 30'' AMMO •..- . ,.. )1,,p?sdpiiiii7 k: . ........ _ .1,- - - ' . '. , . , .... ......., ,,,,,,„ $614 . . , ... .... 4 li/fl III 111 gillY ' . i , • •`� {yam, •u Virginia George Co., Inc. •N. t/a Dough Boys Café ` I3224 Atlantic Avenue f , " s. 'AB Virginia Beach APPLICANT'S NAME Tampico Enterprises, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ali must l:• updated t<..: ski eks prior to Page 1 of 7 21anninl Cnrri114. on.3z(i City Ccurcil mectina 1117.t nert�i.ic in tli(3 ppticatto(?(41, iEA;R1Nt. CHANGES AS Of REVISIONS SUBMITTEL Virginia Beach FiCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rdCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. � C _ (A) List the Applicant's name: 1-41-44(11t-.4) G`� ti � l �i If an LLC, list all member's names: 1 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) 4014 See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Fr 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: 1 L30 ikv1ti itt ,4, LI t If an LLC, list the member's names: w I��(�Gctiv 6- fAiovN-rt, J4/Zwy 5, btilloh Page 2 of 7 IN/B 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) V14P—e" 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 s 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 11/4113 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) E Accounting and/or preparer of your tax return I I F-7 Architect/ Landscape Architect / 1 Land Planner Contract Purchaser(if other than ri r the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed j E`� purchaser of the subject property (identify purchaser(s) and purchaser's service providers) I I Construction Contractors Engineers / Surveyors/ Agents Financing (include current ❑ pi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) FlLegal Services Real Estate Brokers / Hp Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 IS3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA mee "ng, or meetin f any public body or committee in connection with this App ica ion. _ Lui(42-a Di 11 c)-- /z. APPLI NT'S SIGNATUR PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ E Accounting and/or preparer of your tax return ri Et Architect / Landscape Architect / Land Planner Eir Contract Purchaser(if other than Cthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed l l F-4 purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) ❑ [ '1 Construction Contractors 1-1 t� Engineers / Surveyors/Agents Financing (include current [3/ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) EiLegal Services Real Estate Brokers / El ff 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 Fr 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 NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein tw weeks prior to the Planning Commission, Council, VBDA meetng, or meeti of any public body or committee in connection with this App i a io . r Lt)((Ck Ac tor--,� k a PROPERTY OWNER'S SI ATURE PRINT NAME DATE Page 7 of 7 m m o N (-.1 :' o ---�' N `_.._ .- �i0— co V I ----\\\ \ 1 0 vi •)C W L a) \ 5 , - '.. .t s j i�r , i y \, . i \ V-- __, \ \ Ct• \ s ..0 •• C:' r's I i a..•-�" t a; Oa C i ,- C .5 i `% t.)to 'C k co I i 0 0. �— as , i . \ d — _________......._________------::_,...„,„__-- ---. cG ti a) u w ‘•• U O 1 N C N I:aM J i U t ti .a 0 �:� 1 N.1 13 Q d. 1 0 C -'t-------- V N _ 1, E m i ,�,€ I ' z r��� �` ( �i!.j Y ,, t; - • it 3, ,, 3 t1 J i 111 ,'1}� 1 ;i' , �' , i i1 i. i� ,l ,r-{F I ► - 1 ��l`(t�'A'1 � ����1 �al�� l�l i '1 1 ( �+ I110 f_� � i aV. ,c �, 1 _ Ii (# E writ.14l i'I Sl It'll! t r1 1/i ri tl li*'ilit!, ii t (i it 'ti iliir1` Itr jItE')1� CD 4— u U Z i . r a �' . cv t� $' L ea 0 I ! .� (Ni N ' E Q en ++ F— N • l' ' * ,, F —\ x • ., -- 1 ►._ e`s., '► - ' 1i , 8401111W4-- - 1 C } .....------- ati ,r. COtv 1 z. O - € • %i a" •fig a. ), • y c s= i .>CO Lu • `at • , - i • r• " ai 1 Vat'/ S ' .; Y • S _ - ti•F :<.t� �'ti?Y`rx � 4. -.�. :��/ 1i . 'i-s v• one .. m'. 1.. .,, � mo t- , 1 i - + a u ..�.t. S'�., . -i"ta. btu N4 i-t Lt W yYf! t n ,!-,..=, '?.?.--...Vrie ,,, i + -a Y § s,;. {• ;{ '"fir rt '''..,,,:,..::....!•,,,,:- •yiklA .1.p„.t. .j • 1 t ? t c� 'sF=Sa ` __,00.41, • .. .'.I F k a 1, .si• 3T� r Virginia Beat) APPLICANT'S NAME Luna Sea, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicatiion(s). APPLICANT NOTIFIED OF HEARING DATE: 13 NO CHANGES AS OF DATE: ▪ REVISIONS SUBMITTED DATE: Virginia Bch El Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El' Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: £.b lkc,' (u , .cthtvyi If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) CokM C (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) lv J� See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: A l N Page 2 of 7 • Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) ft/4 (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 entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION S EPERATELY Page 3 of 7 APPLICANT A Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If FA needed) J Accounting and/or preparer of El your tax return Marx Zia,65 0 +4 — El 2 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 1:=1 — purchaser of the subject property (identify purchaser(s)and purchaser's service providers) i_...„/E V Construction Contractors ( W1n(rqiw( (1 n Ei & Engineers/Surveyors/Agents Financing (include current Jd(at)a ID7 El mortgage holders and lenders selected or being considered to IM,v y Ci provide financing for acquisition ! or construction of the property) CZI/Y1 darn V Ed/ n Legal Services KcLi -,r •* e i �cReal Estate Brokers/ Oa Ill Agents/Realtors for current and anticipated future sales of the 1 subject property 1 f SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E 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? qv _ . _ Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee ' connection with this A piication. (ie/ • 176(------ PUCANT`S SIGNATURE NT NAME DATE Page 5 of 7 • OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ Accounting and/or preparer of your tax return tAC1Gr j- E v Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Jthe Aoplicant)-identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Di/ )JJV ( E lI , E Construction Contractors �h/ l �[ ]/ Engineers/Surveyors/Agents Financing (include current[TY �` , mortgage holders and lenders (�/� a[cuita ❑ selected or being considered to ii, provide financing for acquisition " rCl . eAscilden— or construction of the property) /1""n Cl cl/ I:: Legal Services Real Estate Brokers/ U Ry Agents/Realtors for current and anticipated future sales of the Lsubject property ♦ SECTION 4, KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have j ❑ 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? liV Page 6 of 7 Virginia Beach _ --- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein tw. weeks prior to the Planning Commission, Council, VBDA m• :ting, or meet' • of any public body or committee in connection with this •,•f licati:n. :PAW/ Ar/ War M �/ d rilfrt L 2.1 r a2_ PRO* •TY OWN • SIGNATURE / PRINT NAME *AT Page 7 of 7 \\\ � \ t, \ \ (.:. - OR \ A _ 1 r— 1 'Ill'''''.-- 1..*.i. '1', \ /\ I I \._3 \\ ( ‘. ' . , r 11 , .'/.w `may _ ..._.-- , ,..- ...---------- \ ` 1 ::L,_-------- ,, � may- 1. , ->--- - „------------' / 22N p r2. r r r s t I r r r• t t 7 t t fi tt 2 ` G OR \ \ I Luna Sea, Inc.t/a Luna Sea Cafe 206 22nd Street 20 0 20 Feet ///, Luna Sea Cafe Zoning Other Existing Outdoor Cafe LJ Property Lines Building Footprint 01 . ' I f ''''' VIMIII % 1 4--A I . mms.. la Itst . . , - . %Ma • ...a....... 4 4-11", .- , ... ft III 11111k -i: 111001111-1.,e0 ., k III . I t, la \ as. 1 irlih-il i \ 1 11111111 \ III t i m OW. ':-If O. .111111111111 - , 111 \At, .... -.1- ` 1111 •-, \ lig 4-4w-- 1111/1111 ,, i i '.. ti . -- i IMO I ,, 0 ems v.i..,,t i , 0 402.....4,t-- I '• 10 NMI • ,-N" ....-", - 1:1- I .- - --•. MINI ,7 ' • ' i • .., AA INIMMIll . a MEW rm.- 1 f me1111111":4111Pri' ;r- , lhai . IV _ -.mt s#_ • • ...4% ..i4, . : - ',NM INIIIIIIII I I 16......11 lilt - , isii ‘ i. mums IR . ; 4 \, e4tA ,..„. aligialiiii,I 4' 1=4 MIMS IIIIIIIIMIII JAM if ...........\t4 ,... I=SA 11111ftwa . ...,..7...._„a k %xi - - - , , •..... Is ', . 4 allimi . 1101■011 . , sit, t,_ i 1: _ . '. •-- 1*ms r-, ,' i... , , 1, -v..r• .ften......_ .. ,t 0 i,':, ...01■Nra - _ ' , -.- •1\ l, fa 4.11,....._ i *WI* A * ' 111111Mil 0 -"t:' • - IP' ••• , ' O. ' - - "411•1111 , c:IX , : ',. t,' Oil • I .- •• ---31R "%MO - Zie.N. _ - - ! . .401 61%.•• _ , . ,-_ ,' ,,, . • I;'t i A elkitium.i . :_ , , 9/ ..„ vssft•mo.. - i • i fi'''illibmitiik ,- "--' .' •1' 147,4 '. Ialliti ',..,4. * •..-• . , - // " 1.1. 1' la .: • t •-._...-- •T. . •- ' - I •1 :, !, . /PP' I -4/vi:i)? 101111111. I I ..- is..... ' 2 iiiW * "f r •t • '%.• X, , , r*. • ,) ,. ' . ,.. 7, • .., , • - 1 . . • ,,,,....;,-„...z.---, W• ir. .4, ....11.1.... ....... gni , .'''Offiebibilir . ,. * % if i ia. . ."- t; . i: -1,, gm •,- e.e'y . . I-. ;.. . : ill!N 'II • , ,...... - . . /. ,, :.,..,:. , , • a',..e.e.“...••%i...............o.. ' )4-: .. __ ., , 1 "- i i ...,...-.....„,... - -.•to 41/4- . 14 :-... 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[ ,ic'PSFB-i441r,, -� C o P;b J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code by Changing the Name of a Polling Place MEETING DATE: March 15, 2022 • Background: Currently, the polling place for the Landstown Precinct (0062) listed in the City Code is Landstown Community Church. However, the name of this church has changed, and it is now known as Restoration Church at Landstown. The location remains the same, but the name has changed. • Considerations: The attached ordinance makes a name change only. The location continues to meet the requirements of the Americans with Disabilities Act. This action is necessary to provide the current name prior to the June Party Primary Elections. • Public Information: All voters in this precinct will receive new voter notices with the new name of the polling location. An advertisement will be placed in the newspaper prior to the June Party Primary Elections. • Recommendations: Adopt the proposed change. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Voter Registrar City Manager: 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO RENAME THE POLLING 3 PLACE FOR THE LANDSTOWN PRECINCT 4 5 SECTIONS AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 Section 10-1 of the City Code are hereby amended and reordained to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their respective 16 polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Fairfield Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Princess Anne High School 29 Brandon Brandon Middle School 30 Brookwood Plaza Annex 31 Buckner Green Run Baptist Church 32 Cape Henry Edgar Cayce's Association for Research and 33 Enlightenment 34 Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesapeake Beach Bayside Baptist Church 37 Chimney Hill Rosemont Elementary School 38 College Park College Park Elementary School 39 Colonial Colonial Baptist Church 40 Colony Lynnhaven Colony Congregational Church 41 Corporate Landing Corporate Landing Middle School 42 Courthouse Kellam High School 43 Creeds Oak Grove Baptist Church 44 Cromwell Landstown High School 45 Culver Ocean Lakes High School 46 Dahlia Green Run High School 47 Dam Neck Corporate Landing Elementary School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Middle School 52 Fairfield Kempsville Presbyterian Church 53 Foxfire Wave Church (Seaboard location) 54 Glenwood Glenwood Elementary School 55 Great Neck All Saints Episcopal Church 56 Green Run Green Run Elementary School 57 Haygood Haygood United Methodist Church 58 Hillcrest New Castle Elementary School 59 Hilltop Freedom Fellowship Church 60 Holland Holland Elementary School 61 Homestead Providence Presbyterian Church 62 Hunt Princess Anne Recreation Center 63 Independence Windsor Oaks Elementary School 64 Indian Lakes Indian Lakes Elementary School 65 Indian River San Lorenzo Spiritual Center 66 King's Grant King's Grant Elementary School 67 Kingston King's Grant Presbyterian Church 68 Lake Christopher New Covenant Presbyterian Church 69 Lake Joyce Morning Star Baptist Church 70 Lake Smith Bayside Church of Christ 71 Landstown 72 Restoration Church at Landstown 73 Larkspur St. Andrews United Methodist Church 74 Lexington Larkspur Middle School 75 Linkhorn Virginia Beach Community Chapel 76 Little Neck Lynnhaven United Methodist Church 77 London Bridge London Bridge Baptist Church 78 Lynnhaven John B. Dey Elementary School 79 Magic Hollow Virginia Beach Moose Family Center 80 Malibu Malibu Elementary School 81 Manor Providence Elementary School 82 Mt. Trashmore Windsor Woods Elementary School 83 Newtown Good Samaritan Episcopal Church 84 North Beach Galilee Episcopal Church 85 North Landing Hope Haven 86 Ocean Lakes Ocean Lakes Elementary School 87 Ocean Park Bayside Community Recreation Center 88 Oceana The Gathering at Scott Memorial United 89 Methodist Church 90 Old Donation Calvary Baptist Church 91 Pembroke Pembroke Elementary School 92 Pinewood Plaza Middle School 93 Plaza Lynnhaven Elementary School 94 Pleasant Hall Emmanuel Episcopal Church 95 Point O'View Point O'View Elementary School 96 Red Wing Seatack Elementary 97 Rock Lake Salem Elementary School 98 Rosemont Forest Rosemont Forest Elementary School 99 Roundhill Salem High School 100 Rudee W. T. Cooke Elementary School 101 Salem Woods Parkway Elementary School 102 Sandbridge Tabernacle United Methodist Church 103 Seatack Mount Olive Baptist Church 104 Shannon Kempsville Elementary School 105 Shelburne Christopher Farms Elementary School 106 Shell Unity Church of Tidewater 107 Shelton Park Shelton Park Elementary 108 Sherry Park Woodstock Elementary School 109 Sigma Red Mill Elementary School 110 South Beach Museum of Contemporary Art 111 Stratford Chase Kempsville Area Library 112 Strawbridge Strawbridge Elementary School 113 Tallwood Tallwood Elementary School 114 Thalia Thalia Elementary School 115 Thoroughgood Independence Middle School 116 Timberlake White Oaks Elementary School 117 Trantwood Great Neck Baptist Church 118 Upton Three Oaks Elementary School 119 Village Thalia Lynn Baptist Church 120 Windsor Oaks Red Church Steeple 121 Witchduck Bayside Presbyterian Church 122 Wolfsnare Wave Church (Old Donation location) 123 Central Absentee Voter Agriculture/Voter Registrar Building 124 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF CIENCY: Voter Registrar tt r y's Office CA15722 R-1 March 7, 2022 _.‘ h) 'll gi wIlib) <'1 'yt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve the Assignment of the Franchise for the Operation and Maintenance of the Virginia Beach Fishing Pier Located on City Property at the Oceanfront to VB Fishing Pier, LLC MEETING DATE: March 15, 2022 • Background: The City of Virginia Beach (the "City") entered into a Franchise Agreement with Entertainment, Inc., a Virginia corporation, dated July 14, 2021 (the "Franchise Agreement"). The Franchise Agreement authorizes the operation and maintenance of a fishing and amusement pier (the "Pier") located on a portion of City property between the Boardwalk and the mean low water line at the Oceanfront between 14th and 15th Streets. The Franchise Agreement requires Entertainment, Inc. to obtain the written consent of the City before any assignment, delegation or transfer of the Franchise to a third party. Entertainment Inc. is conveying its interest in the Pier to VB Fishing Pier, LLC, a Virginia limited liability company ("VBFP") and desires to assign the Franchise Agreement to VBFP for the continued operation and maintenance of the Pier. VBFP would be responsible for all terms, conditions and obligations of Entertainment, Inc. as set forth in the Franchise Agreement. The current term the Franchise Agreement ends on January 31, 2023, with three (3) additional one-year renewal options, upon the mutual agreement of both parties. The franchise fee paid to the City is $20,000 annually. • Considerations: All terms, conditions and obligations of the Franchise Agreement would remain in full force and effect. The assignment would not result in any changes to the operation of the Pier or the terms of the Franchise Agreement. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approval of the assignment of the Franchise Agreement • Attachments: Ordinance, Location Map, Disclosure Statements(2) Recommended Action: Approval Submitting Department/Agency: Economic Development (00) piCity Manager: 1 AN ORDINANCE TO APPROVE THE 2 ASSIGNMENT OF THE FRANCHISE FOR 3 THE OPERATION AND MAINTENANCE OF 4 THE VIRGINIA BEACH FISHING PIER ON 5 CITY PROPERTY AT THE OCEANFRONT 6 TO VB FISHING PIER, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a portion of the sandy 9 beach located between the Boardwalk and the mean low water line at the Oceanfront 1 o between 14th and 15th Streets; 11 12 WHEREAS, on January 19, 2021, by Ordinance ORD-3649A, City Council 13 approved the franchise agreement between the City and Entertainment, Inc., a Virginia 14 corporation (the "Franchise Agreement"); 15 16 WHEREAS, the Franchise Agreement sets forth the terms, conditions and 17 obligations for the operation of a fishing and entertainment pier (the "Pier"); 18 19 WHEREAS, Entertainment, Inc. is conveying its interest in the Pier to VB Fishing 20 Pier, LLC, a Virginia limited liability company ("VBFP") and now desires to assign the 21 Franchise Agreement to VBFP; 22 23 WHEREAS, Entertainment, Inc. has requested that the City consent to the 24 assignment of the Franchise Agreement; 25 26 WHEREAS, City staff supports the continued operation of the Pier to promote the 27 public interest and enhance the entertainment and enjoyment of the general public at 28 the Oceanfront; and 29 30 WHEREAS, City staff further recommends assignment of the Franchise 31 Agreement, so long as VBFP accepts all the terms, conditions and obligations of 32 Entertainment, Inc. set forth in the Franchise Agreement. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1 . That the City of Virginia Beach hereby consents to the assignment of the 38 Franchise Agreement between the City of Virginia Beach and Entertainment, Inc. dated 39 July 14, 2021 to VBFP. 40 41 2. That the City Manager or his designee is hereby authorized to execute all 42 documents necessary or appropriate in connection with the said assignment, so long as 43 such documents are acceptable to the City Manager and in a form deemed satisfactory 44 by the City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day 46 of , 2022. • APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'ua? Iiiiki-/Avi4f4w_c Economic Development City Attorney CA15606 \lvbgov.comldfs1lapplicat onslcitylawlcycom32\wpdocsW0031p040100787132.doc R-1 March 3, 2022 .. . • . ,, - ,... " '.,„: " • . • -• _ ._ . ,... "- „, . -, „,./ _ _ " . •... - 2 ., , ...:--..• . ..,„ , -.... ...., . .- . . - .. „ • .., .. .. .-.'".• - . 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' - - ' -'-.-- ••--.. -- " nIn Disclosure Statement _ Planning i: 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 VB Fishing Pier,LLC Does the applicant have a representative? I Yes ❑ No • tf yes,list the name of the representative. Richard Doummar,Esq. 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) Avraham (Avi)Sibony,Prosper Sibony,David Sibony,Yaron(Ronnie)Sibony • If yes,list the businecsec that have a parent-subsidiaryi or affiliated business entity2 relationship with the applicant (Attach a list if necessary) Sunsations,Inc and 11th Street,LC. "Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-310L "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 indude 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 dose working relationship between the entities.' See State and Local Govemm ent Conflict of Interests Act,Va. Code§2.2-3101 Revised 11.09.2020 i i P a g a Disclosure Statement Planning & Community Development Known Interest by Public Official or Employee Does an official or em ployee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes III No • if yes,what is the name of the official or employee and what is the nature of the interest? N/A Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraliation,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 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 In No • If yes,identify the firm and individual providing the service. Tyler&Company-Ken Tyler 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 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? ■ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 11th Street LC.and VB Fishing Pier,LLC Revised Ii.09.2020 Wage 11/4/B Disclosure Statement �.. �. Planning &C'ornmunitt. r r eveiopment 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • if yes,identify the 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 III 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. Richard Doummar,Esq. Applicant Signature I certify that all of the information contained in this Disdosure 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 responslle for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public b or committee in connection with this application. Applicant Signature Avraham Sibony-Shareholder Print Name and Title 02/23/2022 Date Is the applicant also the owner of the subject property? 0 Yes ® No • If yes,you do not need to fill out the owner disclosure statement FOR C1TY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Com mission and City Council meeting that pertains to the applications Q No changes as of Date -- Signature Print Name Revised 11.09.2020 31 Pa g P 2 , 4 4' yR" k- eMe:, Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g P mor mist vow _vow isclosure Statement Manning&Community Development Owner Disclosure Owner Name Virginia Beach Fishing Pier Inc. Applicant Name VB Fishing Pier, 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) Bobby Lachman-President,Brian Murden-Vice President,Betty Lachman Tucker-Secretary,Annette Smith-Treasurer • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Entertainment Inc. Known Interest by Public Official or Emolovee Does an official or employee of the City of Virginia Beads 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? N/A 3'Parentsubsidiary 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 in dude 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 dose working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Rer sed 1.09.2020 5 I P a p ' Disclosure Statement ALB Planning& Community Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateraliatiion,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 • tf yes,identify the finandal institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and antidpated future sales of the subject property? ❑ Yes ■ No • tf 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. Pat Schuler-Dixon,Hughes,Goodman 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 ® No • if yes,identify the firm and individual providing the service. 5. Is there any other penchng or proposed purchaser of the subject property? ■ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 11th Street,LC.and VB Fishing Pier, IIC 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 • tf 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 II No • if yes,identify the finn and individual providing the service. Revised:1.09.2020 6 I P v '' Disclosure Statement -1‘/B Planning &Community T)e elopnwf nt 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. Ri Nutter,Troutman Pepper 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 them eeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Stature Bobby Lachman-President Print Name and Title February 24,2022 Date Revised 11.09.2020 7 I P a g e Disclosure Statement City of 1'1 ,s _ .._ 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 ail 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 Entertainment Inc. Does the applicant have a representative? Yes 0 No • If yes,list the name of the representative. R!Nutter,Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes 0 No • If yes,list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) Robert Lachman-President,Brian Murden-Vice President,Betty Lachman-Secretary/Treasurer • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Virginia Beach Fishing Pier,Inc 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. s"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 L .. Planning &Community DeVelopment 114 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? El Yes I: 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? it Yes D No • If yes,identify the firm or individual providing the service. Patrick Schuler-Dixon,Hughes,Goodman 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes t No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes EJ No €. If yes,identify the purchaser and purchaser's service providers. Wage -,,z. ►-�•,`u ems. .\-__. .5.. .,., a ..] ., ci� ....„:„..„:.,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Resolution to Authorize the City Manager and City Clerk to Place an Advertisement for Various Permit and Inspection Fee Increases as Part of the FY 2022-23 Budget Process MEETING DATE: March 15, 2022 • Background: On May 7, 2019, the City Council adopted a City Council Policy that requires the City Manager or City Clerk to seek and receive approval from the Council prior to the placement of any advertisement that would advise the public of any tax or fee increase to be considered by the Council. A copy of this policy is attached hereto. The Planning Department has proposed various permit and inspection fee increases in its FY 2022-23 Operating Budget. The list of proposed fee increases is attached hereto, and the list notes that the majority of these were last increased in FY 2003-04. The necessity for the fee adjustments comes amidst an increased backlog of required inspections resulting from stricter building codes. Revenue generated from the fee increases will fund additional staff to assist with the current backlog and meet the technological needs of the department to better maintain and operate the Accela work order application. • Considerations: The fee increases in the Permits and Inspections Division of the Planning Department will allow increased staffing, which will address the backlog of inspections. If approved, the fees will be advertised as part of the FY 2022-23 Budget process. The additional estimated annual revenue to be generated through the proposed fee increases is $626,194. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Council Policy; Proposed Fee Increases Recommended Action: Approval Submitting Department/Agency: Department of Budget & Management Services City Manager:er: I Lk,. 1 RESOLUTION TO AUTHORIZE THE CITY MANAGER AND 2 CITY CLERK TO PLACE AN ADVERTISEMENT FOR 3 VARIOUS PERMIT AND INSPECTION FEE INCREASES AS 4 PART OF THE FY 2022-23 BUDGET PROCESS 5 6 WHEREAS, the City Council has enacted a policy that requires the City Manager 7 or City Clerk to seek the City Council's approval prior to the placement of any tax or fee 8 increase advertisements; 9 10 WHEREAS, the Fiscal Year 2022-23 Operating Budget includes various permit 11 and inspection fee increases to support the Department of Planning in meeting the 12 workload requirements resulting from applicable building codes; 13 14 WHEREAS, the City Council has been provided a list of the proposed fee 15 increases; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Manager and City Clerk are hereby authorized to place the necessary 21 advertisements to allow the public to comment upon the proposed fee increases as part 22 of the FY 2022-23 Budget process. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervices y Attorney's Office CA15712 R-1 March 3, 2022 vr.....4....sii.ily.,, 1, _,,,„,v1, 84L.L. ..... :vi_t_ ____, :ilL°: at CityCouncil Policy,z,,, -:-. 14 s;.. Aet-E_J i . ft,, --,,,e.. Title: The Placement of Advertisements in the Newspaper for a Tax or Index Number: Fee Increase Date of Adoption: May 7,2019 Date of Revision: Page 1 of 1 1.0 Purpose and Need The purpose of this policy is to provide clear guidance to the City Manager and the City Clerk in the placement of advertisements in the newspaper for a tax or fee increase. This policy is intended to require the affirmative approval of the City Council prior to the City Manager or the City Clerk making a public statement that will be attributed to the City Council regarding any tax or fee increase. 2.0 Requirement Prior to the placement of any advertisement related to a tax or a fee increase, the City Manager or the City Clerk shall seek and receive approval from the City Council. The approval of the City Council shall come in the form of a motion, a resolution, or an ordinance. The City Manager shall make arrangements to obtain the approval required in the preceding paragraph in sufficient time to meet the statutory or charter requirements for the presentation of the Manager's Proposed Annual Budget. 3.0 pefmitions For purposes of this policy, the term "fee increase" shall include all fees required to be advertised in the manner set forth in§ 15.2-107 of the Code of Virginia,and the term"tax increase"shall mean those taxes or levies required to be advertised by § 58.1-3007 of the Code of Virginia. 4.0 Applicability This policy shall apply to any public notice regarding a tax increase or a fee increase. 5.0 Revisions to Policy The City Council may revise this policy at any time. Proposed Fee Increases or New Fees FY 2022-2023 Operating Budget Amount Expected to be Fee Name Fee Description Current Fee Proposed Fee Date(FY)of Last Increase Generated in FY 2022-23 Building Permits Above Ground Pool $30.00 $50.00 FY04 Building Permits Boatlift $30.00 $50.00 FY04 Building Permits Bulkhead/Rip Rap $30.00 $50.00 FY04 Building Permits Carport $30.00 $50.00 FY04 Building Permits Deck $30.00 $50.00 FY04 Building Permits Duplex $30.00 $50.00 FY04 Building Permits Farm Building $30.00 $50.00 FY04 Building Permits Fence $30.00 $50.00 FY04 Building Permits Foundation $30.00 $50.00 FY04 Building Permits Garage $30.00 $50.00 FY04 Building Permits Garage Conversion $30.00 $50.00 FY04 Building Permits Gazebo $30.00 $50.00 FY04 Building Permits Heated Pool House $30.00 $50.00 FY04 Building Permits Hot Tub $30.00 $50.00 FY04 Building Permits Inground Pool $30.00 $50.00 FY04 Building Permits Mobile Home $30.00 $50.00 FY04 Building Permits Non-Heated Pool House $30.00 $50.00 FY04 Building Permits Patio $30.00 $50.00 FY04 Building Permits Pool Fence $30.00 $50.00 FY04 Building Permits Porch $30.00 $50.00 FY04 Building Permits Room Over Garage $30.00 $50.00 FY04 Building Permits Screen Porch $30.00 $50.00 FY04 Building Permits Single Family $30.00 $50.00 FY04 Building Permits Storage Shed $30.00 $50.00 FY04 Building Permits Sunroom $30.00 $50.00 FY04 Building Permits Tent $30.00 $50.00 FY04 Building Permits Townhouse $30.00 $50.00, FY04 Building Permits UST/AST $30.00 $50.00 FY04 Building Permits UST/AST Demo $30.00 $50.00 FY04 Building Permits UST/AST New/Alt $30.00 $50.00 FY04 Building Permits 3 or 4 Family $30.00 $50.00, FY04 Building Permits 5 or more Family $30.00 $50.00 FY04 Building Permits Amusement/Rec Bldg $30.00 $50.00 FY04 Proposed Fee Increases or New Fees FY 2022-2023 Operating Budget Amount Expected to be Fee Name Fee Description Current Fee Proposed Fee Date(FY)of Last Increase Generated in FY 2022-23 Building Permits Assisted Living $30.00 $50.00 FY04 Building Permits Carwash $30.00 $50.00 FY04 Building Permits Churchs/Religious Bldg $30.00 $50.00 FY04 Building Permits Commercial Parking Lot $30.00 $50.00 FY04 Building Permits Common Area Heated $30.00 $50.00 FY04 Building Permits Construction Trailer $30.00 $50.00 FY04 Building Permits Convenience Store/Gas Station $30.00 $50.00 FY04 Building Permits Day Care Center $30.00 $50.00 FY04 Building Permits Fast Food Restaurant $30.00 $50.00 FY04 Building Permits Fence $30.00 $50.00 FY04 Building Permits Foundation Only Permit $30.00 $50.00 FY04 Building Permits Gazebo $30.00 $50.00 FY04 Building Permits Hospital $30.00 $50.00 FY04 Building Permits Hotel/Motel $30.00 $50.00 FY04 Building Permits Industrial Building $30.00 $50.00 FY04 Building Permits Non House Keeping Shelter $30.00 $50.00 FY04 Building Permits Office/Professional Building $30.00 $50.00 FY04 Building Permits Office Warehouse $30.00 $50.00 FY04 , Building Permits Paint Booth $30.00 $50.00 FY04 Building Permits Parking Garage $30.00 $50.00 FY04 Building Permits Patio Alteration $30.00 $50.00 FY04 Building Permits Piles $30.00 $50.00 FY04 Building Permits Public Works/Utilities $30.00 $50.00 FY04 Building Permits Pumping Station $30.00 $50.00 FY04 Building Permits Repair Garage $30.00 $50.00 FY04 Building Permits Restaurant $30.00 $50.00 FY04 Building Permits Retail Store $30.00 $50.00 FY04 Building Permits Satellite Dish $30.00 $50.00 FY04 Building Permits School/Education Building $30.00 $50.00 FY04 Building Permits Self Storage $30.00 $50.00 FY04 Building Permits Service Station $30.00 $50.00 FY04 Building Permits Shopping Center $30.00 $50.00 FY04 $124,540 Proposed Fee Increases or New Fees FY 2022-2023 Operating Budget Fee Name Fee Description Current Fee Proposed Fee Date(FY)of Last Increase Amount Expected to be Generated in FY 2022-23 Electrical Permit Base Fee $30.00 $50.00 FY04 Electrical Permit Change of Service 1 Phase $30.00 $50.00, FY04 Electrical Permit Change of Service 3 Phase $30.00 $50.00 FY04 Electrical Permit Conduit $30.00 $50.00 FY04 Electrical Permit House Meter 1 Phase $30.00 $50.00 FY04 Electrical Permit House Meter 3 Phase $30.00 $50.00 FY04 Electrical Permit Overhead to Underground $30.00 $50.00 FY04 Electrical Permit Portable Classroom $30.00 $50.00 FY04 Electrical Permit Relocate Meter $30.00 $50.00 FY04 Electrical Permit Relocate Panel $30.00 $50.00 FY04 Electrical Permit Repair Meter $30.00 $50.00 FY04 Electrical Permit Repair Panel $30.00 $50.00 FY04 Electrical Permit Replace Panel $30.00 $50.00 FY04 Electrical Permit Rough In Under Shell $30.00 $50.00 FY04 Electrical Permit RV Hookup $30.00 $50.00 FY04 Electrical Permit Service 1 Phase $30.00 $50.00 FY04 Electrical Permit Service 3 Phase $30.00 $50.00 FY04 Electrical Permit Service Disconnect $30.00 $50.00 FY04 Electrical Permit Service Entrance Cable Repair $30.00 $50.00 FY04 Electrical Permit Subfed Panel $30.00 $50.00 FY04 Electrical Permit Temporary Pole $30.00 $50.00 FY04 Electrical Permit Trailer Service $30.00 $50.00 FY04 Electrical Permit Transfer Switch $30.00 $50.00 FY04 Electrical Permit Virignia Power Inspection $30.00 $50.00 FY04 $130,900 Plumbing Permits Base Fee $30.00 $50.00 FY04 Plumbing Permits Force Main $30.00 $50.00 FY04 Plumbing Permits On-Site Sewer Collector 1 Building $30.00 $50.00 FY04 Plumbing Permits On-Site Sewer Collector 2 Buildings $30.00 $50.00 FY04 Plumbing Permits On-Site Water Distribution 1 Buildin $30.00 $50.00 FY04 Plumbing Permits Sewer Cap $30.00 $50.00 FY04 Plumbing Permits Sewer Conversion $30.00 $50.00 FY04 Plumbing Permits Sewer Line $30.00 $50.00 FY04 Proposed Fee Increases or New Fees FY 2022-2023 Operating Budget Fee Name Fee Description Current Fee Proposed Fee Date(FY)of Last Increase Amount Expected to be Generated in FY 2022-23 Plumbing Permits Water Cap $30.00 $50.00 FY04 Plumbing Permits Water Conversion $30.00 $50.00 FY04 Plumbing Permits Water Line $30.00 $50.00 FY04 $64,000 Gas Permits Base Fee $30.00 $50.00 FY04 Gas Permits Gas Line $30.00 $50.00 FY04 Gas Permits Gas Line Only $30.00 $50.00 FY04 Gas Permits Meter Change Out $30.00 $50.00 FY04 Gas Permits Relocate Meter $30.00 $50.00 FY04 Gas Permits Service Line $30.00 $50.00 FY04 Gas Permits Meter Release $30.00 $50.00 FY04 $54,240 Mechanical Permit Base Fee $30.00 $50.00 FY04 $88,800 Fire Permit Base Fee $30.00 $50.00 FY04 $11,040 Technology Fee Base Fee $5.00 $10.00 FY12 $148,810 Technology Fee Moving&Hauling $0.00 $10.00 FY12 $3,864 Total Revenue to Generate $626,194 c .0u c1. f ig�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Property Known as Bass Inlet, Located at the Rear of 2909 Sandpiper Road MEETING DATE: March 15, 2022 • Background: Stephen L. Adams and Therese A. Adams (the "Applicants") have requested permission to construct and maintain a 32' x 9.5' wooden pier and 13' x 13' boat lift (the "Encroachments") into City-owned property known as Bass Inlet (GPIN: 2433-33-0267), located at the rear of the Applicants' property at 2909 Sandpiper Road (GPIN: 2433-34-4826). • Considerations: City staff has reviewed the Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned property, which is where the Applicants requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:ritP 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS BASS INLET, 7 LOCATED AT THE REAR OF 2909 8 SANDPIPER ROAD 9 10 WHEREAS, Stephen L. Adams and Therese A. Adams(the"Adamses") have 11 requested permission to construct and maintain a 32' x 9.5' wooden pier and 13' x 13' boat 12 lift (the "Encroachments") within the City's property known as Bass Inlet (GPIN: 2433-33- 13 0267), located at the rear of the Adamses' property at 2909 Sandpiper Road (GPIN: 2433- 14 34-4826); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Adamses, their heirs, 25 assigns and successors in title are authorized to construct and maintain the 26 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A 27 ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT LOT 81A, SECTION 1, 28 SANDBRIDGE SHORES FOR STEPHEN L. &THERESE A. ADAMS GPIN: 2433-34-4826 29 2909 SANDPIPER ROAD, VIRGINIA BEACH, VA 23456," having a Scale of 1"= 25', dated 30 July 13, 2021, and prepared by Waterfront Consulting Inc., a copy of which is attached 31 hereto as Exhibit A, and on file in the Department of Public Works and to which reference is 32 made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and the Adamses (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Adamses and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY AND FORM: • r 1) 1 P J:L WOR S, REAL ESTATE D EYER SENIOR CI ATTORNEY CA15411 R-1 Prepared: 2/4/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d007\p042\00781066.doc PROPOSED M& 1 PARCEL STRIP PIER AND BOAT LIFT 4� '• °G N/F NORTH BAY 32.0' O> DEVELOPMENT CO. I' BASS INLET GPIN: 2433-34-4619 in --� N/F CITY OF VIRGINIA BEACH D.B. 1136, PG. 392 o - o GPIN: 2433-33-026 7 24.0' -ILL_ -. NI _ , 32' I 1 c( M.B. 72, PG. 2 v 24 0' - AIL 11L ( -- - -- ---♦----.. `�' 1�- 1L V- AIL 80.00 1-,-L 11L 11L __1=` _ILL_ JlL O y . --------- --- - - - - -- -• - - - - - - 1 - -- co , 4I\ oaocn � I r - - — i .p ? DD LOT 81A I 0- � G) N/F STEPHEN L. & THERESE A. ADAMS ; PARCEL STRIP p GPIN:24333448260000 N/F NORTH BAY N , 2R. INST:20190214000124080 INS T:20190214000124130 DEVELOPMENT CO. '' I INST:20170918000797670 I GPIN: 2433-34-3789 I INST:20190322000230670 D.B. 1136, PG. 392 CDLOT 80 N EX. POOL z N/F DANIEL W. & - co d PATRICIA F. GRAHAM N' _ i w GPIN: - - '� ' ,' �--� t . N 2433 34 4840 0 v w M.B. 41, PG. 7 of - ` to J • N w D.B. 4073, PG. 50 �' . , . . m 1- in o c t Q r) CN LIJ I E. � � C 1STYBLK. I O �_ rKj t Q o DD r_ (A. #2909 -.1 a Nrn 0 m In Z OCD (f) D pp v)a: • N (li I w CD Z . 4DD — ci) O L I0mp Ip p D � � � � 1►TH Op co N z � - kf O 0 1 t' I- oZ 49. r . \ PF PFGREGORY 0. MILSTE 0AD Li_ 1,290' TO S 10'48'00" E 80.00' Lic. No. 047323 cc ,_ ...... ROCK LANE/ SANDPIPER ROAD �0t nn s N �0 25' 50' (60' R/W) (M.B. 41, P. 7) 4a, �1� j 0 E' o 1"- 25' NA N L O EXHIBIT A ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT rrillir �� WATERFRONT ' '4 ' ; ' CONSULTING LOT 81A, SECTION 1, SANDBRIDGE SHORES `.� INC. FOR 2589 QUALITY COURT, STE. 323 STEPHEN L. & THERESE A. ADAMS VIRGINIA BEACH VA 23454 GPIN: 2433-34-4826 PH: (757)619-7302 2909 SANDPIPER ROAD, VIRGINIA BEACH, VA 23456 ENGINEERING SERVICES PROVIDED BY: DATE: JULY 13, 2021 CHESEAPEAKE BAY SITE SOLUTIONS INC. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1 day of , 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEPHEN L. ADAMS and THERESE A. ADAMS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "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 "81A," as shown on that certain plat entitled: "RESUBDIVISION PLAT OF LOT 81 SECTION 1 TRACT C SANDBRIDGE BEACH (MB. 41 , P. 7) AND PORTION OF 10' STRIP SANDBRIDGE SHORES SECTION 1A SOUTH AREA (MB. 72, P. 2) VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated December 15, 2017, prepared by Bonifant Land Surveys, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20190214000124080, and being further designated, known, and described as 2909 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 32' x 9.5' wooden pier and 13' x 13' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267 (CITY PROPERTY KNOWN AS BASS INLET) 2433-34-4826 (2909 SANDPIPER ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT LOT 81A, SECTION 1, SANDBRIDGE SHORES FOR STEPHEN L. & THERESE A. ADAMS GPIN: 2433-34-4826 2909 SANDPIPER ROAD, VIRGINIA BEACH, VA 23456," having a Scale of 1" = 25', dated July 13, 2021, and prepared by Waterfront Consulting Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 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 Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments or encroachments to be removed referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 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 4 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, Stephen L. Adams and Therese A. Adams, the said Grantee, have 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. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF 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 GRANTEE: -/ ____P Stephe L. Adams „Ii-LcA,_ C2, Therese A. Adams STATE OF 17KV)r,, CITY/COUNTY OF Q.`, cJ H-to-wit: S4--- The foregoing instru e t was acknowledged before me this / day of , 202 , by Stephen L. Adams , d rese . dams. J fin, ` i-w (SEAL) otary P blic Marva Minerva Millar Notary Public "1����C / Commonwealth of Reg.�7737225 Notary Registration Number: Rty Commission Exptres J?t (.' 077372 My Commission Expires: 5iO3 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM b P BLI WOcaid /REAL ESTATE D A EYER SENIOR ITY ATTORNEY 7 PROPOSED tiie PARCEL STRIP PIER AND BOAT LIFT 4' Pc N/F NORTH BAY 32 0' D> DEVELOPMENT CO. BASS INLET iiiiiii GRIN: 2433-34-4619 Cy, N/F CITY OF VIRGINIA BEACH D.B. 1136, PG. 392 . o o GPIN: 2433-33-026 7 24.0 N 32' a 1 N 24.0' M.B. 72, PG. 2 AIL _III_` AIL _L AIL IL 11L z — ------- -7=--- -- - µ - 80.00 ,„_ -`� t 11L s�L N t 10'34'00" W , N rn - ----- 1 — ----_-_`- U')___ - - -,-—__ -L _ILL AIL O -- — -- - - - — - - - _- - - �. - - 0 — — — raj pp -� , - —- o N • D -p4D - - LOT 81AI 00 0 v) 0 I N/F STEPHEN L. & THERESE A. ADAMS i PARCEL STRIP O GPIN:24333448260000 --' G� r� INST:20190214000124080 i N/F NORTH BAY �" ' zDEVELOPMENT CO. o y ---1I INST::20i 0918000797670 41,30 I GPIN: 2433-34- 3 789 Co INST:201903220002306 70 I Z D.B. 1136, PG. 392 LOT 80 Ex POOL N/F DANIEL W. & i. J co o PATRICIA F. GRAHAM �, `� !L _ - /. �N > GPIN:2433-34-4840 �o`I •1 • , ., c� w M.B. 41, PG. 7 . • . „` ( I0 J w D.B. 4073, PG. 50 �� 1• t. . . m rn 0 CC Qrt� N t- I E LI) I i-- J y � c ( 1 STY BLK. D � re) Nt V- Q N r_( I #2909 -� a N rn _ m Z 0 *CC (1) 00' ,OtD otv )' 'CPI I�G pD - (' I O I.L.Z oG,O` I o l,TH OF z4�. z �'�' �r 0 co \ c,- 1 , -.c f - - 0 veP 1 Zo P2'. I GREGORY 0. MILSTEAD Li. 1,290' TO S 10'48'00'1 E 80.00' Lic. No. 047323 I- ROCK LANE/ ,,,a A . QSANDPIPER ROAD to 12 �21 ww 0 25' 50' (60' R/W) (M.B. 41, P. 7) 4'� 1� o ��7 DNA L �� `V 1"=25' Oo EXHIBIT A ENCROACHMENT REQUEST FOR A PIER & BOAT LIFT 7 i ; WATERFRONT LOT 81A, SECTION 1, SANDBRIDGE SHORES LLL .i CONSULTING INC. FOR 2589 QUALITY COURT, STE. 323 STEPHEN L. & THERESE A. ADAMS VIRGINIA BEACH VA 23454 GPIN: 2433-34-4826 PH: (757)619-7302 2909 SANDPIPER ROAD, VIRGINIA BEACH VA 23456 ENGINEERING SERVICES PROVIDED BY: ' CHESEAPEAKE BAY SITE SOLUTIONS INC. DATE: JULY 13, 2021 , 1 -0 I \ . . _ -,r."-- • 4 -- - . - -- '4,.-•,,,v, ,,,,,,- • --.. .-.,„ ii._ .,..... . , , ..„...., •..... • . ,.........-, ..• _ ,.. .fr. .. _. , -t- ---,-,,.. •.. •.., , 'ib...r— . '''. Aftv..-z., . _ •,a i 74.44-., ''' < - "irk- --- , p WO' ..1....,„- _-_- -. - 14 •• -' '.. • ........o.-• . • ••••. -.., , _ .10 . •_:_x.,-.7"., 1 •••,,,, .......... ti f - 1 .',... -..-- ! 4 ' ,. t i 1 . .... . . _ .. t, ad . 1 t*,, 1 I 44, . .E.„. . _ .„.. .... . 4 iii.1 1 pp_ f „.. 1:1 galt . t lif a, .Y, 3 ! { 1 Z t t .... ,* 1x♦T-1 • 1 . a t° t idkii, j r ti r r , , I . I a� 4 \ *1 1 M i . e:4, \ y 8 , r_ t -:1.141 i l IE 110 It _ .* b . } 1: ' 4• 7 i. 3 #, - I `s IP t t_• - iiiv,..„, - . �. _ i i, =! r S A L: :'i .` i -*.f?,-,..-it . . \ k\ 4 .' .0A -,„ -,,-;. "PPP WI Q � o v y �'y � W Q N Ecr __ - - �F o. (f � Oiv Nc. W Ll.! 00 U . 10.\- '" VCIO‘'- 2 i— w w 't 2 " SN- ZZ = a. o • z . OWHach o _' , f.- H2oesp � g \ Q = ZZN a 0111, W Q Z C OQ = v� — a • to .r....3LA 1, - ' ' r a W C V a V �- N O ac` a L to t �* LL X N _ C§ .,,--_, 00 lial * 711011111:1_,----:-;---------: Vi ' Ili %* C4) ' .„_.„,,........„,.. ---- C.4), fr _5 t -d°3 Fa : ,t,t1L,..; s ,` 14._ \r„,' iii isoir y V r r el* c . : '-- _-_ - (IC IC:;11i, w�8 a rc # c s a) CD u c u --, i L M c • P Cl- kJ. c ' . IL:6A a t a M C U N a i Disclosure Statement City of Virginia Bauch 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 Stephen L. & Therese A. Adams Does the applicant have a representative? II Yes ❑ No • If yes, list the name of the representative. Robert E. Simon,WCI 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 S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(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. Wage • Disclosure Statement City of Virginia Beach Planning & Commun 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 II 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? O Yes ❑ No • If yes,identify the financial institutions. Langley FCU 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 0 No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm or individual providing the service. Robert Simon,WCI 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 2IPage i Disclosure Statement City of Viryinia Bach - _ Planning& Community - _ _ Development • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes 0 No • If yes,identify the engineer/surveyor/agent. WCI,Chesapeake Bay Site Solutions 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. 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. )4tt:/f)te4.., ap21104.... 4.0.w Stephen L.&Therese A.Adams Print Name and Title Jj2ofZDZ/ 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 Alldisclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications CINo changes as of Date Signature Print Name - — - 3'Page - -i,7-r+r-.7re-rrn:-m,rr, ;Y:74 7., .`\. .. .�4 � 'i:75'771.",11i'^r t.VT;� ' T .. .:w+'!.w. f..44,,....,„.„ [ ,,,,,,,‘„, 4,,,,-,. : ,i, ,.: ,.,-, ;) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City Property Known as Treasure Canal Located at the Rear of 2209 Leeward Shore Drive MEETING DATE: March 15, 2022 • Background: Bayne C. Keenan and Amy K. Keenan (the "Applicants") have requested permission to construct and maintain a 14' x 14' boat lift, a 396+/- sq. ft. timber pier, and a rip rap revetment (approximately 120 ft. in length and 5 ft. in width) (the "Encroachments") in a portion of the City's property known as Treasure Canal located at the rear of 2209 Leeward Shore Drive (GPIN: 2409-29-1316). • Considerations: City staff has reviewed the requested Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal, which is where the Applicants have requested to encroach. • Public Information: Public information will be handled through the normal Council agenda process. • Alternatives: Deny the encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 PROPERTY KNOWN AS TREASURE CANAL LOCATED 6 AT THE REAR OF 2209 LEEWARD SHORE DRIVE 7 8 WHEREAS, Bayne C. Keenan and Amy K. Keenan (the "Applicants") desire 9 to construct and maintain a 14' x 14' boat lift, a 396+/- sq. ft. timber pier, and a rip rap 10 revetment (approximately 120 ft. in length and 5 ft. in width) (the "Encroachments"), at the 11 rear of their property located 2209 Leeward Shore Drive (GPIN 2409-29-1316). The 12 Encroachments would encroach into a portion of City property known as Treasure Canal; 13 and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title, are authorized to construct and maintain the Temporary 25 Encroachments in the City's property known as Treasure Canal, as shown on the map 26 entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR RIP RAP, PIER AND BOAT LIFT 27 FOR BAYNE C. AND AMY K. KEENAN LOT 203A, SECTION 2 BAY ISLAND PLAT: M.B. 28 55, PG 53 DATE COMPLETED: 13 SEPT 21",having a scale of 1" = 30' prepared by 29 Calvert Marine, a copy of which is attached hereto as Exhibit A and on file in the 30 Department of Public Works and to which reference is made for a more particular 31 description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 34 expressly subject to those terms, conditions and criteria contained in the agreement 35 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 36 copy of which has been presented to the Council in its agenda, and will be recorded among 37 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Bayne C. Keenan and Amy K. Keenan and the City Manager or his authorized 44 designee execute the Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: (1,(Pik PVBLIC WORKS, REAL ESTATE DANA R. HAR EYER SENIOR CITY ATTORNEY CA15388 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d002\p040\00786359.doc R-1 March 2, 2022 2 Exhibit A Encroachment Exhibit For Rip Rap, Pier and Boat Lift For Bayne C. and Amy K. Keenan LOT 203A, Section 2 Bay Island PLAT: M.B. 55, PG 53 Date Completed: 13 SEPT 21 NEW BOAT LIFT 14.0' x 14.0' 22.02' 98.0' TREASURE CANAL 120.02' It NEW RIP RAP (SEE M.B. 48, Pg 15) N80° 56' 01 " W • REVETMENT ° S 10°01 ' 16" W Property Line 21 0 01 16 E 2.15' -Twrewir - - — _— _ Existing Bulkhead - ---- -- - - to be removed Silt FenceExisting � P b Timber I • as required ° 6 Wharf to be removed — — — 5 ft. Drainage and ° I I. Utility Easement i (3 sides) ° NEW TIMBER %1 PIER E • °I " 56' x 5' withik °I 5' x 16' & 6'x 6' Tee aI Richard A. Simpson I Brian P. /Amber M. Mooney 2205 Leeward Shore Dr 1 2213 Leeward Shore Dr GPIN: GPIN: 2409-29-2332 \ \ 2409-29-0308 Map Bk 48 Page 15 \ Map Bk 48 Page 15 l° a G . a . o I i o a o BAYNE C./AMY K. KEENAN = d Staging - Instrument No. - Storagern I I o0 o I 20191206001041570 GPIN: ❑° - co I 2409-29-1316 Lot 203A oa e I w tTH IV o a I22OQ ° . , 13 rrn �� a - S rz� �� I�V ti I a` CD I GARY A. FRANKS JR. w o `t o ° 4 Lic. No.52162 �o w ° I ° 11 z 'O m 20' O' 20' 40' ° �� ay NI a '1 I S � �� I GRAPHIC SCALE o ONAL 1" = 30'-O" . o 54.>9'toPin Pin (F) — . E ..- - ... - -. . ..— . -4---E- S 79° 58' 44" E 120.0' 204'+/ to Spinnaker Circle Leeward Shore Drive (50'R/GHT-OF-WA Y) (MS 55, PG. 53) 4 CALVERT ILI AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 -= MARINE 757.777.6960 Rich@CalvertMarine.net PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BAYNE C. KEENAN and AMY K. KEENAN, THEIR 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 203-A" as shown on that certain plat entitled: "RESUBDIVISION OF lots 201, 202, 203 & 204 BAY ISLAND SECTION-2 PRINCESS ANNE COUNTY, VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1"=100', dated February 12, 1962, prepared by Frank D. Tarrall, Jr. & Associates. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 55, at page 53, and being further designated, known, and described as 2209 Leeward Shore Drive 23451 ; WHEREAS, it is proposed by the Grantee to construct and maintain a 14' x 14' boat lift, a 396+/- sq. ft. timber pier, and a rip rap revetment (approximately 120' in length and 5' in width), collectively the "Temporary Encroachment", in the City of Virginia Beach; and NO GPIN ASSIGNED (TREASURER CANAL) GPIN 2409-29-1316 (2209 LEEWARD SHORE DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR RIP RAP, PIER AND BOAT LIFT FOR BAYNE C. AND AMY K. KEENAN LOT 203A, SECTION 2 BAY ISLAND PLAT: M.B. 55, PG 53", having a scale of 1" = 30', dated September 13, 2021, prepared by Calvert Marine, a copy of which is attached hereto as Exhibit A, to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that 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 3 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 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Bayne C. Keenan and Amy K. Keenan, the said Grantee, have 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. 4 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 , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He 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 , 2022, 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: 5 (SEAL) ayn C. Keenan, Owner ( (SEAL) Amy K. eenan, Owner STATE OFv 1 • V11C CITY OFv\ntY11Ct ;I , to-wit: The foregoing instrument was acknowledged before me this 1 e/ dayof g g 9 \e—\jratf1 , 2022, by Bayne C. Keenan and Amy K. Keenan. Notary ub i ASHLEY RENEE HARGROVE Notary Public �� 70Ct � �f Commonwealth of Virginia Notary Registration Number: I Registration # 7770977 //��^ My Commission Expires May 31.2022 My Commission Expires: 1 I was commissioned a notary public as Ashley Renee Hargrove. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SI NATURE 11 DANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 6 Exhibit A Encroachment Exhibit For Rip Rap, Pier and Boat Lift For Bayne C. and Amy K. Keenan LOT 203A, Section 2 Bay Island PLAT: M.B. 55, PG 53 Date Completed: 13 SEPT 21 NEW BOAT LIFT 14.0' x 14.0' 22.02' 98.0' TREASURE CANAL 120.02' It / NEW RIP RAP (SEE M.B. 48, Pg 15) ° N 80° 56' 01 " W \ - REVETMENT N 10° 01 ' 16" E S 10 01' 16" W Property Line 2.15' _ 2.15' 56' ' — ( ice c: —  _ ;,....i,„,,,,_ir________, .___ _ ______ ,... _i-ozrrw..4zsi..-ww,.proTA Existing Bulkhead to be removed Silt Fence ExistingTimber I as required °1 6 Wharf to be remov;. I / 5 ft. Drainage and ° I Utility Easement Ib NEW TIMBER •a)I i. (3 sides) PIER gC . 61 56' x 5' with !l °I 5' x16' & 6'x6' Tee Q Richard A. Sim son i 1 P I \ \ ( Brian P. /Amber M. Mooney 2205 Leeward Shore Dr 1 2213 Leeward Shore Dr GPIN: GPIN: _ 2409-29-2332 1 I \ \ 2409-29-0308 Map Bk 48 Page 15 Map Bk 48 Page 15 1- -\ BAYNE C./AMY K. KEENAN :, Staging O Instrument No. Storage o I 20191206001041570 GPIN: El— G z o0 1 1 2409-29-1316 Lot 203A A a c, LLI ?a lk Q f irn 22O9 t� S ' I : a 13SEPT21- I a` $ o a b I GARY A. FRANKS JR. I,1x1 ‘ p - Lic. No.52162 20' O' 20' 40' Z -3v,:e.. .._:....41.- AN i cn I s I a I I S I I GRAPHIC SCALE I TONAL �- 1" = 30'-O" a I 54.1 1'to Pin 4 Pin (F) . E — . . — —... ...—_-w. — —_.E„... . S 79° 58' 44" E 120.0' 204'+/ to Spinnaker Circle Leeward Shore Drive (50'R/GHT-OF-WA Y) (M..B.55, PG. 53) et CALVERT AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 MARINE 757.777.6960 Rich@ColvertMarine.net 2209 Leeward Shore Drive - 2409-29-1316- Rip Rap, Wooden Pier, & Boat Lift r s �'�,' - J. - 1 5. •J...e +l A, •. , . ,-_-. 'sy`_ �/`rI' �• r. _ _. ..... 7, ...s •;.-,...• __ �-4111 _ - - — ,ems ' L `L « > , ...4., , . -:•..-..:. . . , .,,,,, , -,„. A, _ - . _.: 7. lair , • ,....• __„4'..HIAC'...'''.....•;.----.7.7 -.71-:' irefr,../: 1 1. rs • J+ • � - ` �` I Z�n - . ' , + • • �I ei.s r •.. 7t s' ,ir, (ti >•..,s 1( 1_f':'`' i k �-s - }`r. •-erg- - •A .. - .a ` ' -- 4. - 7... . i,4 -.'. 4A;0,.::: :__ - - ,, . ..--.... .-;.-...n. --- \ CI TC`sx•• Ji 1;0- ,64,..., A. eft'. kite'•' ~.,4 $� i'"?4 -; 1- �- \\ -^F,, Cr bik '`'i `� ?,'j So►,::a�it;'4, ., �� ` - c lii. ...I :. • sf T� ' s - • _ _ • - A r P 4 d s ! ivy' • » - • Ate ',i ! I j rL' �'�`.. ` Jam. _ •! te. �. - I �'` iri. _ -' d _ ` .1 k . „ . ?t l / ' ! :ter. - '...�-+r.�,' ,, -.'• +,G• ♦ I ` �. _ ..�t• ».ems"_I EE$J: ' F ,1 s 2209 Leeward Shore Drive - 2409-29-1316— Rip Rap, Wooden Pier, & Boat Lift 4 s.�' ��..ek s. . k . , -:t .. 4 _- ram' , + • ,....„ 4 ,. ; A• -••• 1 711 14,11 •• -- ..._ • 4 }� .Zr .t . f�. _ • • i T • • r r . OW/ .. • • A. E' _ - -s t i A • _ • ,•E } • ' ee • Or i ,..• . ye , ...." . -, r ,_ ___ .... ,. ,_,.. A. ; , •• • .-'.4 -,,, 4.--.:. As. '1.- %Ott. . , . 3 L� ;•, 1. •-,• • . 7• — 11 ♦ ' • + • ,,• ',A.- - r • t ; 1. , N 1 SHORE DR W ��0*- 1 :.' •. ' - N/ r ,,,_ ,,,, ,_,-2). SITE c �F�T 1 r ,1,,c 1, \ --.--�-4 l 41 2409-29-1316 cr 411///////////1- : ,_ ,_ _LEEwAR -- SI-!p. pR- 7 1-- '— LOCATION MAP ENCROACHMENT REQUEST FOR BAYNE C. KEENAN - 2209 LEEWARD SHORE DRIVE Legend viNpwAR p GPIN 2409-29-1316 HARE DR Feet City Properties 0 50 100 200 Milliarallailfillisms......_ r,.,...,..,.a 1,.,o%nl II..,, nc.,,, c..,.,,,,+ce,,,i..oc.Rii.00ii ng ion i)m1 X•\('Af�f)\Prniar-is\AR(' Filac\AC;FNI�A MAPC\7dnQ_7Q_1 21F Disclosure Statement N/13 Corse 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 Bayne Keenan & Amy Keenan Applicant Name .-..- Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Calvert Marine Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes B 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•subsidiaryi or affiliated business entity2 relationship with the applicant. (Attach a list If necessary) i"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. i"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that' should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 1IPage Disclosure Statemen 1113 t 17' Planning & Community Development Known Interest by Public Offidal or Employee Does an official or employee of the City of Virginia Beach have an Interest In the subject land or any proposed development contingent on the subject public action?0 Yes lErNo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 2, Does the applicant have any existing financing(mortgage,deeds of trust,cross•collaterailzation,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? lades CI No • if yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/reshot for current and anticipated future sales of the subject property? ❑ Yes Ergo • 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?CDfB i~Yes n!o • 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 ablo • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes L1 No • If yes,identify the purchaser and purchaser's service providers. 2lPage Disclosure Statement arr ► Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?( Yes ❑No • If yes,identify the construction contractor. trJ ItV• Mt Nile 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the engineer/surveyor/agent. Calvert Marine 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 D'.o • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature • t 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. App!cant Signature - �•yl�� 1 r tit V \Lkv Print Name and Title _ G/ 23 1 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 th?t pertains to the applicationsSignature ligliryr ►\ No domes as of Date UM .&• - h _AeditdiAlrt / I Print Name 31Page``::.- _.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Extend the Sunset Date of Article III, Division 5 of Chapter 21 of the City Code Pertaining to Residential Permit Parking in the Historic Cavalier Shores Neighborhood MEETING DATE: March 15, 2022 ■ Background: In 2019, the City Council approved a one-year temporary residential parking program in the Historic Cavalier Shores Neighborhood in response to concerns raised by the Cavalier Shores Civic League and its residents regarding on- street public parking on the 200 blocks of 43rd, 44th, and 45th streets. The civic league was concerned about extended periods of high parking occupancy on these streets during both daytime and nighttime hours as a result of a nearby multi-year hotel construction project. This area is also used for parking by residents and beachgoers. The pilot program has been successful, and because construction of the hotel project continued, the City Council approved a one-year extension of the program to April 5, 2021, and last year, the Council approved an additional one-year extension to April 5, 2022. • Considerations: Due to ongoing construction at the Embassy Suites, 42 Ocean condos, and related road work, the Historic Cavalier Shores Civic League has requested an additional extension of the program. This ordinance would extend the program to April 5, 2023. • Public Information: Information regarding this ordinance will be provided through the normal agenda process. ■ Attachments: Ordinance and Civic League Request Letter. Submitting Department/Agency: Economic Development Department 4c-. City Manager: litrO 1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF 2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 5 6 WHEREAS, the Virginia Department of Historic Resources added the Cavalier 7 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the 8 Virginia Landmarks Register, noting: 9 10 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 11 housing development sponsored by the city's now-iconic Cavalier Hotel, 12 which opened that same year. While the neighborhood's direct link to the 13 hotel has since faded, a brick promenade leading to a gate to the hotel 14 grounds recalls the earlier connection. Cavalier Shores is an example of 15 coastal suburban development during the first half of the 20th century. Its 16 dense housing dating to the era indicates the neighborhood's early 17 popularity and subsequent growth. Its seven blocks of houses are 18 predominated by Colonial Revival style designs, with Tudor Revival and 19 Minimal Traditional. Lining the neighborhood's alleyways are a complement 20 of rear garages and guesthouses, the latter a common feature of coastal 21 developments of the era. The district also conveys a sense of beautification 22 and landscaping, a defining aspect of the neighborhood since the 1920s. 23 Most of the district's lots were developed by the late 1960s. Today, Cavalier 24 Shores is a rare collection of early-20th century residential architecture in 25 Virginia Beach. 26 27 WHEREAS, the Cavalier Shores Historic District also is listed in the National 28 Register of Historic Places; 29 30 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 31 Shores is a unique area that consists of"dense housing" dating to an era when driveways 32 were less common, and current residents of Cavalier Shores require on-street parking for 33 their vehicles; 34 35 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 36 to or near their homes has been severely impacted as a result of the multi-year 37 construction associated with the Cavalier Hotel project; 38 39 WHEREAS, the City Council desires to address the unique needs of this historic 40 neighborhood during the time of construction by extending for another year the one-year 41 temporary pilot program it previously established—separate and apart from the current 42 Residential Parking Permit Program—to continue to address the parking needs of 43 Cavalier Shores residents. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 48 That Article III, Division 5 of Chapter 21 shall continue to provide as follows: 49 50 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 51 52 Sec. 21-381. - Objectives. 53 54 This Division is adopted as a temporary pilot program in order to mitigate traffic 55 congestion and parking scarcity on public streets within the Cavalier Shores 56 neighborhood adjacent to an ongoing construction project. 57 58 Sec. 21-382. - Definitions. 59 60 As used in this Division: 61 62 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 63 and shall also include mopeds and motorcycles, as defined therein. 64 65 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 66 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 67 43rd 1/2, 43rd, and 42nd 1/2 Streets; the north side of 42nd Street; the alley that 68 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 69 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 70 Avenue. 71 72 Sec. 21-383. - Parking restrictions. 73 74 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 75 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 76 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 77 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 78 Shores Neighborhood. 79 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 80 Shores neighborhood, where notice of these restrictions have been conspicuously 81 posted in accordance with this division, for longer than a four-hour period in any day 82 unless there is affixed to the driver's side exterior surface of the windshield of such 83 motor vehicle a valid residential parking permit or a temporary guest pass as 84 authorized by subsection 21-354(b) hanging from the rearview mirror. 85 Sec. 21-384. - Permits generally. 86 87 The City Treasurer or the city's parking management office shall issue residential parking 88 permits pursuant to this division in accordance with the procedures set forth in section 89 21-354. However, no permit shall be issued pursuant to this section for employee parking 90 in the Cavalier Shores Neighborhood. 91 92 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 93 VIRGINIA BEACH, VIRGINIA: 94 95 That the effective date of this ordinance shall be April 5, 2022, and that, absent 96 additional action by the City Council to the contrary, this ordinance shall automatically 97 sunset and expire on April 5, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of _ , 2022. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney's Office CA15716 R-1 March 1, 2022 The Historic Cavalier Shores Civic League 214 44th Street Virginia Beach, Virginia 23451 February 22,2022 Patrick Duhaney Municipal Center - Building 1 2401 Courthouse Drive City of Virginia Beach Virginia Beach, Virginia 23456 Dear Patrick, On March 15, 2019, the City Council approved a temporary parking program for the Historic Cavalier Shores Community, one of the few neighborhoods in Virginia Beach classified as "Historic" on the Virginia Historical Registry. This program established a limit on parking by non-residents. The program was critically needed because of the excessive parking demand created by the construction and hotel workers involved in the restoration and operation of the Historic Cavalier. Given the 1920's road and neighborhood design and Deed Restrictions in Cavalier Shores, on street parking is required by a significant number of the residents. The neighborhood has always welcomed beach goers and other guests, but the commercial parking in the neighborhood brought on by the Cavalier Complex was overpowering the limited on street parking. The parking program created by the City has worked well to limit the duration of time that non-residents can park in Cavalier Shores, enabling residents to more often access parking in front of or near their own homes. Due to the ongoing construction at the Embassy Suites, the 42 Ocean condos and related road work, our parking shortage continues, with the same, if not increased, parking demands. Additionally, the employees, the grounds workers and guests of the two hotels seek daily parking in Cavalier Shores. Finally, guests of the Cavalier Residences also park on the streets of Cavalier Shores due to the insufficient parking built into the development of the Residences. Due to the success of the parking program, we respectfully ask that it be continued for another year or indefinitely to address the continued parking shortfall caused by the hotels, Cavalier Residences, and the road realignment described above. Sincerely yours, r (3ernIc Pope, President, Historic Cavalier Shores Civic League Nu BFl a fti 2 Cu S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $15,604 from the Virginia Aquarium Foundation for the Refurbishment of the Ray Touch Pool Exhibit MEETING DATE: March 15, 2022 • Background: The Virginia Aquarium Ray Touch Pool is scheduled for repair and refurbishment. Based on the agreement between the City and the Virginia Aquarium Foundation (the "Foundation"), the Foundation pays for the repair, maintenance, or replacement of any single permanent exhibits if the cost exceeds $5,000. • Considerations: The total repair and refurbishment project includes both expenses for infrastructure and the exhibit. The City will pay for the infrastructure costs, which are expected to be $127,879, from Capital Project #100463, "Virginia Aquarium Renewal and Replacement III." The Foundation's portion of costs is $15,604, which is reflected in the attached ordinance to accept and appropriate funds from the Foundation. If adopted, the City will coordinate the entire project with one contractor. • Public Information: Normal City Council agenda process • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of the Virginia Aquarium City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $15,604 FROM THE VIRGINIA AQUARIUM 3 FOUNDATION FOR THE REFURBISHMENT OF THE 4 RAY TOUCH POOL EXHIBIT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $15,604 is hereby accepted from the Virginia Aquarium Foundation and 10 appropriated to Capital Project #100463, "Virginia Aquarium Renewal and Replacement 11 III," to refurbish the Virginia Aquarium's Ray Touch Pool Exhibit. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement Services ney's Office CA15717 R-1 March 2, 2022 L. PLANNING 1. 1252 JENSEN, LLC for a Conditional Use Permit re bulk storage yard & Modification of Proffers at 1252 Jensen Drive and a portion of 1228 Jensen Drive District 6(Formerly District 6 —Beach) RECOMMENDATION: APPROVAL 2. WHITNEY TRIPLIN-PASS / JAMES PASS & WHITNEY TRIPLIN-PASS for a Conditional Use Permit re family day-care at 952 Timberlake Drive District 1 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 3. N3 PROPERTY ADVISORS/VIRGINIA BEACH INVESTMENT COMPANY,LLC for a Conditional Use Permit re automobile repair garage at 6213 Indian River Road District 1 (Formerly District 1 —Centerville) RECOMMENDATION: APPROVAL 4. NMP-C4 FAIRFIELD S/C, LLC for a Conditional Use Permit re mini-warehouse at 5312 Fairfield Shopping Center District 3 (Formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 5. DANIELLE GOOD & CYNTHIA SCHOTT/BYLER LAKES,LLC for a Conditional Use Permit re tattoo parlor at 522 South Independence Boulevard District 3 (Formerly District 3 — Rose Hall) RECOMMENDATION: APPROVAL 6. ALLIENA WESTLEIGH/ALVIN & CYNTHIA ALLIE-WESTLEIGH for a Conditional Use Permit re residential kennel at 4512 Whitechapel Court District 9 (Formerly District 4— Bayside) RECOMMENDATION: APPROVAL 7. TAN DANG /REGENCY HILLTOP ASSOCIATES for a Conditional Use Permit re tattoo parlor at 1940 Laskin Road, Suite 311 District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. C AND C DEVELOPMENT COMPANY, INC. for a Conditional Use Permit re short term rentals at 501 22nd Street, Units A& B District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 9. CYNTHIA LAENGER for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 6C District 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL a ' y a NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,March 15,2022 at 6:00 p.m.in the Council Chamber at City Hall,Building 1,2n°Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. 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 ttos://vbgov.webex.com/vbgov/onstage/g.pho?MTI D=e5ec4d 1d6e0dea d8e73_716128684a9345 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 15,2022. The following requests are scheduled to be heard: 1252 Jensen, LLC (Applicant& Property Owner) Conditional Use Permit(Bulk Storage Yard)and Modification of Proffers Address: 1252 Jensen Drive and a portion of 1228 Jensen Drive GPIN(s): 24173267690006 and a portion of 24173267690000 Council District:6 Whitney Triplin-Pass(Applicant)James Pass Jr.&Whitney Triplin-Pass(Property Owners)Conditional Use Permit(Family Day-Care Home)Address:952 Timberlake Drive GPIN(s):1476211890 Council District:1 N3 Property Advisors,LLC(Applicant)Virginia Beach Investment Company, LLC (Property Owner)Conditional Use Permit (Automobile Repair Garage)Address: 6213 Indian River Road GPIN(s):1456336782 Council District 1 NMP-C4 Fairfield S/C,LLC(Applicant&Property Owner)Conditional Use Permit (Mini-Warehouse)Address:5312 Fairfield Shopping Center GPIN(s):1466449952 Council District 3 Danielle Good&Cynthia Schott(Applicants)Byler Lakes, LLC(Property Owner) Conditional Use Permit(Tattoo Parlor)Address:522 S Independence Boulevard GPIN(s):1476781796 Council District 3 Alliena Westleigh(Applicant)Alvin Westleigh&Cynthia Allie-Westleigh(Property Owners)Conditional Use Permit(Residential Kennel)Address:4512 Whitechapel Court GPIN(s):1478621197 Council District 9 Tan Dang(Applicant)Regency Hilltop Associates(Property Owner)Conditional Use Permit (Tattoo Parlor) Address: 1940 Laskin Road, Suite 311 GPIN(s): 2407387103 Council District 6 C and C Development Company,Inc.(Applicant&Property Owner)Conditional Use Permits(Short Term Rentals)Address:501 22nd Street, Units A&B GPIN(s): 24179896550000 Council District:6 Cynthia Laenger(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address: 2113 Atlantic Avenue, Unit 6C GPIN(s): 24271868788360 Council District 6 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. Staff Reports will be available on the webpage 5 days prior to the meeting. 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. Please check our website at www.vbgov.com/government/departments/city- clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-FEBRUARY 27,2022&MARCH 6,2022-1 TIME EACH ar-ru: j - ----9 \ O i -=4 -t z A I— LT o :& --i\ -- '''" /44t /Ce *N1- '4 0 LC)--% .K . 1'4/ ' \ 0 4T___! E'-, 3 0 .0\ Q � o 4.7;: 0 4,9 0 <1 .-1 0 V--Aje .r_il _,tr ,S; o o t .0 \C in', # FY L-o C4 b,r '\ � \\/6.0 l'Xj <>0. , �/ N o cy, � ea ° o 00 � Q, a) o\ rta.CI Ai a) , . . 4 4),z%. Ce.\-.% V \.,, .c>.s.op 1=1 ° M c., 2 I c • 41;)1,), ,,,,z % 0 C ---"jc.. c 1 L'ci, ."-C3 It? (\YO\ a) l't ,(A) *> <> • / . 5,\% ' d$ 4, ik036 c in CD CO/ ,___ ___-texrd is no ei, 0 Nr \12 O [° - .0 0 O r r p1 L.L. II T 7 7' 6. ._____ a�'in, : c-21 r7A- s a) C 0. 0 ri) .4 ,C0 CD , \,..11 ---C3- in c\ -C3 N RS E 0 hflc120 lo, 0 1 2 u • „Ez] lie 7 , [13 0 ----ett-i ci) N-3 IIII V. ----c--:3- a) ri R 0 ,__ isr„ _----- CD 111 Ill1 RS CD N m El ('----.1 1 H u) z °; 0 J a_ Cl)Iii) EL N CO ..�... „„.c.,,,, , s,,,,, ,,,,, E.; cti..«... CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: 1252 JENSEN, LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) & Modification of Proffers for the property located at 1252 Jensen Drive and a portion of 1228 Jensen Drive (GPINs 2417326769006; portion of 24173267690000). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: March 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Bulk Storage Yard as part of operations related to their deck and pool construction business. The applicant is also requesting a Modification of Proffers to amend a previously approved site plan and uses associated with this site. A previous proposal to develop this property with an office/warehouse was approved by City Council in 2006 as part of a Conditional Rezoning of the property to Conditional I-1 Light Industrial District. A modification to the original proffer agreement was approved by City Council in 2011 due to a shift in the proposed building locations. Though approved, this project was never undertaken, and the current applicant proposes a different plan of development, including the construction of two office/warehouse buildings, associated parking lots, and a Bulk Storage Yard. The Bulk Storage Yard will be used to store pool shells, fencing, and related construction materials, as well as the business's excavator, skid steer, and trailers. No pool chemicals will be stored outside. • Considerations: The Planning Commission finds the proposed Conditional Use Permit and Modification of Proffers acceptable given that the project site is located within the greater than 75 dB DNL and the Accident Potential Zone 2 and is encumbered by a Navy Restrictive Easement. Additionally, it is located within Historic Seatack and as a Special Economic Growth Area surrounding NAS Oceana in the Comprehensive Plan. The Comprehensive Plan recommends land uses and design that are compatible with the historic character of Historic Seatack. The Navy has found the proposed use and plan of development to meet the covenants of the restrictive easement. Though this kind of industrial development is typically out-of-character with the established historic fabric of Historic Seatack, there are no historic structures on this property that will be adversely affected. This 1252 Jensen, LLC Page 2 of 3 property is also located within an existing industrial park, Owls Creek Commerce Park, which is a more appropriate location for this type of development. The proposal represents a reduction in square footage of warehouse space within two separate structures, rather than one large building as originally proposed. Finally, the proffers and recommended conditions are designed to mitigate the noise, light, traffic, and visual impacts this development. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. The applicant met with the Seatack Civic League on three occasions and discussed concerns related to noise, traffic, and drainage. As a result, the applicant agrees to limit deliveries to the site through Jensen Drive, seek consensus from adjacent neighbors regarding plants selected to meet screening and planting requirements, and limit hours of trash removal to between 8:00 a.m. to 6:00 p.m. There was one speaker in opposition at the Planning Commission public hearing. Concerns expressed by the resident who lives along Beautiful Street included impacts of stormwater runoff from other properties in the industrial park and fear that this additional development will exacerbate those drainage issues. Staff is communicating with the speaker and are reviewing the approved plans of the existing buildings on the other development sites in this Industrial Park for compliance with the stormwater regulations. • Recommendation: On February 9, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. In addition to the proffers volunteered by the applicant, Staff recommends the following conditions: 1. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non- business hours. 1252 Jensen, LLC Page 3 of 3 3. Any additional lighting added to the site shall be directed to the interior of the site and away from adjacent residential homes. 4. Light fixtures may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property 5. The equipment storage yard shall be enclosed with Category VI landscape screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, and including a minimum six-foot tall fence. 6. Signage on the site must be in accordance with sign regulations outlined in the Zoning Ordinance. 7. Any freestanding signs shall be limited to a maximum height of eight feet with materials that relate to those used on the exterior of the building. 8. In addition to required Category VI landscape screening for the Bulk Storage Yard, a minimum 25-foot wide area of existing mature vegetation that presently exists along the southern edge of the property shall be retained and maintained to additionally buffer this development from residential properties located on Beautiful Street. 9. Delivery trucks shall access the site from Jensen Drive rather than from South Birdneck Road. 10.Prior to operating on the site, proof of compliance with the Navy Restrictive Easement shall be provided to City Staff. 11.The area used for the outdoor bulk storage yard shall be gravel or as otherwise approved by the Development Services Center during site plan review. • 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 I City ManageribP Applicant & Property Owner 1252 Jensen, LLC Agenda Items Planning Commission Public Hearing February 9, 2022 City Council District District 6,formerly Beach 5 & 6 City of Virginia Beach Requests Conditional Use Permit (Bulk Storage Yard) Modification of Proffers d Staff Recommendation Loretta Lane Approval ."--1):—.71...k...„ze 'r Millers Lane T �C h Southern Bou,evard Norfolk Avenue Staff Planner Jackson Street ors�' ‘. Elizabeth Nowak y� ' �\ �44 �rQ o / /N'`6 L / Location �� J Preserve Drive ll 1252 Jensen Drive &a portion of 1228 Jensen Beauttlu'm Gannet Run Drive AsGoose Landing m GPINs 24173267690006, Portion of 24173267690000 0 •o Site Size Owls Creek Lane 2.67 acres AICUZ Greater than 75 dB DNL;APZ-2 Watershed Chesapeake Bay --�s vet . ;N: '`: . ;' : Irr3` :,, Existing Land Use and Zoning District _ . .Y=Amor 'Ap . Light industrial warehouse, undeveloped field/ , -".F.r --R= •. 5` Conditional I-1 Light Industrial .�e g � _ Jensen Drive ! ' .� M , V--ice, —' (1' '"' - r ' 4`9 Surrounding Land Uses and Zoning Districts - , 'r ,, T ' 1,14; ', (b North , . Light industrial park,single-family dwellings/ I-1 -, Light Industrial R 10 Residential "f 4 1. '"` , South t It, . ' ► ; ; % .- : Single-family dwellings, religious use/R 10 .` ,' ., '•, ii, -� 'p '. y - „HughesAvenue•i"'t�' Residential ,0- • '1 tlitfulSU° .y.' . Y _ ! m " . 3 it.J. ' %,..; -',41-.., -. - -S•• 440, : East a4 ..}„ "' `u, South Birdneck Road .r,. "''`', ,`>'" _ - . * , '• ,. Single-family dwellings/R 7.5 Residential • _; % ,,1. :f ;r�,,•74tt, " xu West --.`. . ';�' .11* 0-D ,k_ ' -tess" ' Light industrial park/ I-1 Light Industrial �L 1252 Jensen, LLC Agenda Items 5 & 6 Page 1 Background & Summary of Proposal • The applicant, 1252 Jensen, LLC, wishes to develop a 2.67-acre property within the Owls Creek Commerce Park with two office/warehouse buildings, a Bulk Outdoor Storage Yard, and parking lots for employees and customers. The subject property is zoned I-1 Light Industrial District.The industrial park is primarily serviced by Jensen Drive. The center contains a variety of businesses, including construction, distribution, plumbing,various types of repair, and welding services. • A previous proposal to develop this parcel as an office warehouse use was approved by City Council in 2006, as part of a Conditional Rezoning. Proffers associated with that Conditional Rezoning were subsequently modified in 2011 in order to reorient the approved site layout. In the original approved plans, a warehouse building was located on the northside of the parcel with a parking lot between it and the southern property line. The approved modified plans flipped the orientation of development, locating the building along the southern property line and the parking lot along the northern property line.Though approved and later modified,that project was never developed. The current applicant is requesting to modify the proffers once again for this property to specifically address their new development plan. Modifying the proffers is necessary in order to revise the approved layout of the site, building elevations, and business hours. • Also requested is a Conditional Use Permit to use a portion of the 2.67-acre property as a Bulk Storage Yard and a Contractor's Yard.The yards would support the operation also at 1252 Jensen Drive, Solid Structures Decks and Fences. This business installs pools, paver patios,fire pits, outdoor kitchens, decks,fences, outdoor audio systems, landscaping lighting, and pergolas.They have a need to store raw and finished materials used in the construction of projects associated with their business. • As proffered by the applicant, operational business hours will be between 6:00 a.m. and 9:00 p.m., daily and dumpster service will be limited to between 8:00 a.m. and 6:00 p.m., daily. • As shown in the proposed and proffered elevations and building renderings,the applicant intends to construct two new structures and associated parking lots. Due to the presence of residential uses south of the property, both buildings are situated as close to the northern property as possible. • A two-story (24-to 28-foot tall) office and warehouse building is depicted on the proffered concept plan to be constructed in the middle of the parcel along the northern property line.This building will contain a showroom, offices, and storage. Vehicles associated with the business will be parked within a gated portion of the parking lot, while customer parking will be designated outside the gate. Both parking lots are proposed to be accessed from South Birdneck Road and appear to contain beyond the minimum number of parking spaces required per the Zoning Ordinance. • The applicant also intends to construct a one-story, 18-foot tall office and warehouse building near the western property line,farthest from South Birdneck Road. According to the applicant, it is the intent to either lease this space or use it as additional storage and support space for the primary business, Solid Structures Decks and Fences. The building and its parking lot will be located outside of the enclosed Bulk Storage Yard and are accessed from Jensen Drive. • The applicant attended three meetings with representatives from the Historic Seatack Civic League, neighborhood residents, and stakeholders. Concerns were shared with the applicant regarding the proposed access from South Birdneck Road, including whether delivery trucks could access the site from Jensen Drive rather than South Birdneck Road; potential negative impacts of runoff and stormwater on residential properties along Beautiful Street; and potential closure of access to the site from Jensen Drive. Some of these concerns are reflected in proposed Conditions One, Eight, and Nine. 1252 Jensen, LLC Agenda Items 5 & 6 Page 2 • There are several overlapping designations and special restrictions on the subject site: o The property is located within Historic Seatack, a historically and culturally significant African American community and a Suburban Focus Area (SFA) designated in the Comprehensive Plan. A portion of Historic Seatack has been identified as being eligible for listing in the National Register of Historic Places. Single- family dwellings are found north, east, and south of the Owls Creek Commerce Center.The southern property line of the proposed development adjoins single-family residences on Beautiful Street; many of these houses are early twentieth-century construction. o A Navy Restrictive Easement is present on the property.The Navy completed an easement compliance review on June 11, 2021 and found that the proposed use is permitted under the terms of the Declaration of Taking for 1252 Jensen Drive (GPIN #24173267690006). When initially submitted,the review request only included part of the area that will be affected by this development. The applicant submitted a revised compliance review request on January 7, 2022 to include the portion of 1228 Jensen Drive (GPIN #24173267690000)that will be affected by this development. o The property is located in the greater than 75 dB noise zone,the highest noise zone, and within the Accident Potential Zone-2. o The area of development for this proposal is located outside of identified flood zones. Zoning History # Request 1 CUP(Automotive Repair Garage)Approved 10/02/2019 CUP(Wildlife Rehabilitation Center&Animal Shelter) e. Approved 03/08/2017 ...�.' o i ;I>: c)% MDP(Amend plans)Approved 01/11/2011 L_. - — • �' CRZ(I-1 and R-10 to Conditional 1-1)Approved Jensen Drive j I, 9111 V 10/24/2006 [� 0 ,!`i * 2 CUP(Automotive Repair Garage)Approved 04/12/2005 { . CRZ(R-10 to Conditional I-1)Approved 02/10/1998 I � o r"!! 2 SVR Approved 02/13/2007 4. S► /���� / 4 3 CUP(Church expansion and stormwater management) � Approved 04/22/2003 fl wi� 4 CRZ(R-10 to I-1)Approved 02/10/1998 25142:klialii - Hughes MDP Approved 01/11/2011 i , . , 5 pp isti �o .1.1,s .„,,,,Lit CRZ(I-1 and R-10 to Conditional I-1)Approved ±rt+�► 10 24/2006 o 1 f l v& k6 STR Approved 06/11/2020 i, 7 - �� 7 CRZ(R-10 to Conditional I-1)Approved 12/11/2007 peer Creek Drive - CUP(Bulk Storage Yard)Approved 12/11/2007 CUP(Outdoor Recreational Facility)Approved 02/09/1987 8 CUP(Automotive Repair Garage)04/12/2005 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental 1252 Jensen, LLC Agenda Items 5 & 6 Page 3 Evaluation & Recommendation In Staff's opinion,the requests for the Conditional Use Permit and the Modification of Proffers are acceptable. The Comprehensive Plan recommends that new development in the SFA: • Adhere to the City Zoning Ordinance requirements established in Article 18, Special Regulations in Air Installations Compatible Use Zones (AICUZ) Overlay and Appendix I, Airport Noise Attenuation and Safety Ordinance. • Respect the historic settlement of this area. • Be compatible with the neighborhood. • Establish significant landscape screening buffers between existing residential areas and new non-residential development. • Be designed such that site drainage and stormwater management does not negatively affect adjacent parcels. • Maintain stormwater facilities and encourage the retrofit of existing drainage system problem areas. • Use porous materials for driveways, walkways, and other similar surfaces wherever feasible,to achieve a net reduction in impervious coverage. A brief overview of the project's ability to address these recommendations is provided below. AICUZ-As noted above, the site is within the greater than 75 dB Ldn noise zone as well as Accident Potential Zone—2. Per both the terms of the Navy Restrictive Easement and the Zoning Ordinance requirements, uses within these AICUZ are limited to those compatible with Naval flight operations. The proposed uses are under review for compatibility with the Navy easement. Historic Settlement of Area -Of special consideration in the Historic Seatack SFA and the Seatack Historic District,would be the potential impacts from the design and the proposed use. The subject site is located immediately adjacent to the Seatack Historic District, an area that has been identified as being eligible for listing in the National Register of Historic Places.The State Review Board of the Virginia Department of Historic Resources recommended the area as being eligible on December 12, 2019 under Criterion A (broad patterns in our past)for its association with African American heritage between ca. 1920 and ca. 1960. A map of this historic district is included on page 18 of this report.This designation overlaps with the area identified in the Comprehensive Plan as the Historic Seatack SFA;these two designations have different boundaries but identify similar historical and architectural patterns that are recommended to be preserved. Compatibility-The proposed uses of this site are limited and exclude any residential use, due to the existence of AICUZ and Navy Restrictive Easement restrictions. In addition to these restrictions,the applicant is proffering that the site only be used for office, warehouse, and bulk storage uses.The main office warehouse building will be set back from Birdneck Road and the majority of the operations will be oriented towards Jensen Drive to reduce visual impact to the residential neighbors and to minimize presence on South Birdneck Road. The location of the storage of materials is proffered in an area as far north on the property as possible, away from the adjoining property line with residential uses on Beautiful Street. Dumpster service is proffered to be restricted to the hours between 8:00 a.m. and 6:00 p.m., which is an unchanged proffer from the previously approved plans, and which was proffered in response to feedback from residents. A lighting plan provided by the applicant indicates that exterior lighting is limited to the customer parking areas immediately adjacent to South Birdneck Road and Jensen Drive and will be shielded. Additionally,this proposal has smaller building footprints than the previously approved plans. Screening & Buffering - Along with meeting the minimum requirements of the Zoning Ordinance for plantings and screening, the applicant intends to retain as many of the mature trees along the southern property line, which presently buffers the adjacent single-family homes from the property. Other properties along the southern stem of Jensen Drive immediately abut the residential development on Beautiful Street without such mature vegetation. Section 228 of the 1252 Jensen, LLC Agenda Items 5 & 6 Page 4 Zoning Ordinance requires that the Bulk Storage Yard be fully enclosed by Category VI screening, which includes a minimum six-foot tall, solid privacy fence with evergreen shrubs installed along the exterior of the fence. Stormwater, Drainage,Impervious Cover-As shown on the conceptual layout plan proffered by the applicant, permeable pavement is proposed for the customer parking area immediately off Holland Road and stormwater management is proposed underground by means of ADS perforated pipes. The Bulk Storage Yard is proposed to remain unpaved as a grassy area.The proposed permeable paves and that the Bulk Storage Yard will be unpaved both are reductions in overall impervious surface on this site when compared with the previously approved development. In sum, Staff's position is that this project will not adversely affect the historical character of Historic Seatack as there are no existing historical or cultural resources identified on this parcel,as the site is within an established light industrial park. In addition,the applicant proposes and is required to properly screen the light industrial use of the property from view of the right-of-way and residential properties. The combination of the visual screening and the clustering of this use with other,existing developments with industrial character minimize the intrusion of this new development in the historic area. Additionally,the plans that are proffered by the applicant are less intense than the previously approved development and ensure that, should there be any future changes to this development plan, there will be further public engagement through the Planning Commission/City Council review process. An existing curb cut will be used to establish the ingress and egress from South Birdneck Road and an existing curb cut will provide service to the parking area proposed off Jensen Drive. An analysis provided by Traffic Engineering Staff indicates there will be no additional traffic generated by this use within the established industrial park. Traffic Engineering Staff notes that the proposed Bulk Outdoor Storage/Contractor Yard will have slightly fewer average daily trips for this proposal as compared with the previously approved layout and use.The previously approved plan was calculated to generate 217 average daily trips (ADT),while the current proposal is calculated to generate 207 ADT. Based on the above, Staff recommends approval of these requests per the proffers and conditions included 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 the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors, Land Planners and Landscape Architects, dated December 16, 2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Landscape Plan"). Proffer 2: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors, Land Planners and Landscape Architects, dated December 16, 2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Layout Plan"). 1252 Jensen, LLC Agenda Items 5 & 6 Page 5 Proffer 3: When the Property is developed,the elevations, architectural design, building materials, appearance and height shall be substantially as shown on the renderings and elevations submitted on December 9, 2021 prepared by Solid Structures, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Building Elevations"). Proffer 4: The use of the Property shall be only office/warehouse/bulk storage yard. Proffer 5: The Grantor will erect and maintain a fence of not less than six feet in height on the south side of the Property so as to completely enclose the portion of the Property to be used for bulk storage. Proffer 6: All outdoor lighting on the Property shall be shielded to direct lights and glare onto the Property and focused away from adjoining properties. Proffer 7: The hours of operation of the office/warehouse/bulk storage yard facility will be between the hours of 6:00 o'clock a.m. and 9:00 o'clock p.m. daily. Proffer 8: Dumpster service on the Property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. Proffer 9: No mechanical equipment shall be located on the roof of the building(s). Proffer 10: All stormwater management facilities, including swales, must be maintained by the property owner. Proffer 11: These proffers shall supersede the proffers previously recorded in the Clerk's Office as Instrument No. 20061031001650980 and 20110118000055120. Proffer 12: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Recommended Conditions Conditional Use Permit- Bulk Storage Yard In addition to the proffers volunteered by the applicant, Staff recommends the following conditions: 1. All outdoor lights shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.Any outdoor lighting fixtures shall not be erected any higher than fourteen(14)feet. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North 1252 Jensen, LLC Agenda Items 5 & 6 Page 6 America.The plan shall include provisions for implementing low-level security lighting for non-business hours. 3. Any additional lighting added to the site shall be directed to the interior of the site and away from adjacent residential homes. 4. Light fixtures may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property 5. The equipment storage yard shall be enclosed with Category VI landscape screening,as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, and including a minimum six-foot tall fence. 6. Signage on the site must be in accordance with sign regulations outlined in the Zoning Ordinance. 7. Any freestanding signs shall be limited to a maximum height of eight feet with materials that relate to those used on the exterior of the building. 8. In addition to required Category VI landscape screening for the Bulk Storage Yard, a minimum 25-foot wide area of existing mature vegetation that presently exists along the southern edge of the property shall be retained and maintained to additionally buffer this development from residential properties located on Beautiful Street. 9. Delivery trucks shall access the site from Jensen Drive rather than from South Birdneck Road. 10. Prior to operating on the site, proof of compliance with the Navy Restrictive Easement shall be provided to City Staff. 11. The area used for the outdoor bulk storage yard shall be gravel or as otherwise approved by the Development Services Center during site plan review. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject site is located in the Historic Seatack Suburban Focus Area (SFA), as defined in the Comprehensive Plan. Various development constraints exist in this SFA, including the Special Flood Hazard Area, military aircraft accident potential zones (APZ-1 and APZ-2), high noise zones, and ownership by the Federal Government or Navy restrictive easements.The SFA is in a flat, low-lying area in proximity to waterways and wetlands areas in the Lynnhaven River system and the Owls Creek watershed. Drainage issues and recurrent flooding, especially associated with new development, have been observed and have, in some instances, negatively affected existing residential areas. Additionally, Historic Seatack is thought to be the oldest African-American settlement in Virginia and there are several significant historic and cultural landmarks in the SFA. The Comprehensive Plan recommends that historic and cultural landmarks in the SFA should be recognized and/or protected as local historic or cultural landmarks. The Comprehensive Plan recommends that new development in the SFA: 1252 Jensen, LLC Agenda Items 5 & 6 Page 7 • Adhere to the City Zoning Ordinance requirements established in Article 18, Special Regulations in Air Installations Compatible Use Zones (AICUZ) Overlay and Appendix I,Airport Noise Attenuation and Safety Ordinance. • Respect the historic settlement of this area. • Be compatible with the neighborhood. • Establish significant landscape screening buffers between existing residential areas and new non-residential development. • Be designed such that site drainage and stormwater management does not negatively affect adjacent parcels. • Maintain stormwater facilities and encourage the retrofit of existing drainage system problem areas. • Use porous materials for driveways, walkways, and other similar surfaces wherever feasible,to achieve a net reduction in impervious coverage. Natural & Cultural Resources Impacts Natural Resources The subject site is located in the Chesapeake Bay watershed. Cultural Resources The subject site is located immediately adjacent to Seatack Historic District, an area that has been identified as being eligible for listing in the National Register of Historic Places. The State Review Board of the Virginia Department of Historic Resources recommended the area as being eligible on December 12, 2019 under Criterion A(broad patterns in our past)for its association with African American heritage between ca. 1920 and ca. 1960. Several of the residences along Beautiful Street are identified as being contributing to the Seatack Historic District. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Birdneck Road 14,400 ADT1 32,700 ADT 1(LOS 4"D") Existing Land Use 2-0 ADT Proposed Land Use 3-207 ADT 'Average Daily Trips 2 As defined by a vacant lot 3As defined by an 2.67-acre parcel 4 LOS=Level of Service zoned I-1 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Jensen Drive, located in the vicinity of this application, is a two-lane private street and is not included in the Master Transportation Plan. South Birdneck Road, also located in the vicinity of this application, is a four-lane divided minor suburban arterial with a variable-width right-of-way. The City's Master Transportation Plan map plans that this section of South Birdneck Road will one day be a six-lane roadway section; however, no CIP projects are currently scheduled for this roadway. Public Utility Impacts Water There is an existing City water main along South Birdneck Road and an existing City water main along Jensen Drive. Sewer 1252 Jensen, LLC Agenda Items 5 &6 Page 8 There is an existing City sanitary sewer gravity main along South Birdneck Road.A "private" sanitary sewer gravity main also exists along Jensen Drive that discharges to City gravity sanitary sewer in Beautiful Street. The site must connect to City water and City sanitary sewer through one or more of the connections identified above. Public Outreach Information Planning Commission • The applicant met with the Historic Seatack Civic League Board on January 6, 2022 to discuss the details of the request, as well as attended the Historic Seatack Civic League General Meeting on January 10, 2022. According to the applicant, approximately 40 people were in attendance at the meeting on January 10. A third informational meeting was scheduled by the applicant for January 31, 2022 to further discuss the proposal. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 23, 2022 and January 30, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 24, 2022. • 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 February 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 27, 2022 and March 6, 2022. • 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 February 28, 2022 • 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 March 11, 2022. 1252 Jensen, LLC Agenda Items 5 & 6 Page 9 Proffered Site Layout v yi W rr�i.,;:n. a �"o��"`h s" S < ate..• _`• L7:£ •'a -.. 6 it. i E it s wss U J 5 2 wg9.,i 1- n xoai J rig 1 U a te W O --'ce WI z = ! LL. 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'-- 11111111 f 41 ttrIc.;$ it 1111111/11, i li .‘ 41 1 i ___________ __._,0 ? 1 I • , 11,11 . •.c'.. Qi -.4. ...,„.„..., . ...._. ___ ..... . u4_ ii:well!, .1-II, 4 SOLID STRUCTURES _Am. 1252 Jensen, LLC Agenda Items 5 & 6 Page 12 Proposed Elevations a u C u 7 a • � 7 t Y o c U. U m O % E Y � b (i _ Ia V * 6 • ' J ; O i ' m m U 2 2 2 ') = G 4 y a G J • a ri + e a Y J W {, a t� 5y $aae t a i LL 1 s V Y i ./ Z it Z 3 ri _,. ,•. _ .... , ,. . . .. , iii. I N.. , ., p L R .._ .. . . , R .• ... i,„ IN • i •• .iij i O ti O r • L p r .. fA _ Ca • 1 R 7 L Km. Y •i itr a 1252 Jensen, LLC Agenda Items 5 & 6 Page 13 Lighting Study -r! i t 111 1 •• ,- 4 1 • • /� r , iJI • • • f } } 1; 7 • w.v i ^r., • 1252 Jensen, LLC Agenda Items 5 & 6 Page 14 Site Photos t .yr. ,. `7' l >.yl, ._ . I, r .,. ,, ‘,. it 1,-... ', --",,' ,Y ):,' 4' ' = , . ,, 1.11: • - - \ •. r-- / t f 450111111144 l I-11 es!property line as seen from Jensen Drive. 1-*'''.114:5:40'.,4). i . . , ° 1- % . rtt�-♦ [fit '�� �T ; • •.t/• • �•,jt_' t r .. i•• i4 a .� r v 4,..;, , ?a - Aa , r. .s 1 t fir: - . .„..., _,.. ., ,... . ... f.1':4 t. A'.- .- - ,... �. .may ��.. - - _ ..�•. _. - ��-,c:.. .-" . .' ' s , ..,. ir * ,r..j a. :. %, - *'tea ,,-. A,..,:., 1 .T 2-South property line as seen from Jensen Drive. 1252 Jensen, LLC Agenda Items 5 & 6 Page 15 Site Photos , _ r .....__ _-g,.. „--*,_*„...,„-;„i..,:.?:.,,,..:....,, .__ _ _ - -, „...., ,_-.,,_,,i..._,,.-.,;.7,1-1'-. . !,i ,a.., /: }c. i� �, • A. F.,,... .:-- .Ilk:4,14' ' . .-. —.sp i Ir. 1- -�rtf "rr .s Y T, ,"• 4 1 3-South and east property line as seen from Birdneck Road. k. i k' . _ " ,j, 1 ",il 4:ow. } 't.� a iii .rig.'•• •. 1 ,.. .... t. 1 ,.,_. ..-.‘0,1 iiii, ki A f - • '•t •Ili-4 F.r-fi--40- i f.-;-r:: 2' i.,-i„1:i;i:, _i.: to"to _ .• .,, . ,� 7,1 .2 . .;,. : ; . . .,, ..z. s P t. iitf Ac a A 4-South property line as seen_from Beaulii/ul Street. 1252 Jensen, LLC Agenda Items 5 & 6 Page 16 VCRIS Map of Seatack Historic District ..i ,✓M.. *f hr . it,� ••f'Y' ,- • ^ C£t ! ...„....--.—, ,. (--,„.. %. . - ' '' It.1 ''''•>::,- $?-4c":-- '4 '-'.T. ' :1... K14 '''t t t.1:4... ....... ._ ,,,,,,.2.; .#440.4 , , di c, 4 c, r., f r .7 • T SI .' .. yam. i 644 s irr t r . e'_ T' "4 _.: 41 t . .� `•' r' t, it 111. • k,,.. „,c-1-,_ ' ./ 19yta. # t*,T - t r I `'{' V.\ . . !ti . 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LL t10 a O 1P4 CS elZ 7 d o a �.t li C ' O z o Boundaries of the surveyed eligible Seatack Historic District identified are in green.Boundaries of 1252 Jensen Drive.the subject property,are identified in red. 1252 Jensen, LLC Agenda Items 5 & 6 Page 17 Disclosure Statement Disclosure Statement VB iofVirginal 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 1252 JENSEN,LLC Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. JOHN W.RICHARDSON,ATTORNEY AT LAW Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?k Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) SCOTT PRUNTY-100%MEMBER/MANAGER • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) SOLID STRUCTURES DECKS AND FENCES,LLC '"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)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. 11Page 1252 Jensen, LLC Agenda Items 5 & 6 Page 18 Disclosure Statement Disclosure Statement VB 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 service. BLUE RIDGE BANK -Tern Ruby 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 n 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. JONES CPA -Ali Gunbeyi 4. Does the applicant have services from an architect/landscape architect/land planner orov ded in connection with the subject of the application or any business operating or to be operated on the property?111 Yes ❑No • If yes,identify the firm and individual providing the service. WPt. -Eric Gamer 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. Revised 11.09.2020 2 I P a g e 1252 Jensen, LLC Agenda Items 5 & 6 Page 19 Disclosure Statement • Disclosure Statement Planning&Community Development 6, Does the applicart have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?If Yes 0 No • If yes,Identify the company and individual providing the service. SOLID STRUCTURES DECKS AND FENCES,LLC -Scott Prunty 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?it Yes 0 No • If yes,identify the firm and individual providing the service. WPL -Eric Garner 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. JOHN W.RICHARDSON OF WOLCOTT RIVERS GATES 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. 1252 JENSEN,LLC 8Y. - Applicant Signature SCOTT PRUNTY,MEMBER/MANAGER Print Name and Tide OCTOBER IL 2021 Date Is the applicant also the owner of the subject property? ®Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® j No changes as o! 02/25/2022 *nature. / (�/�L�S.JL. j Print Name iz eG�th Nowak Revised 11.09.2020 3 I 1252 Jensen, LLC Agenda Items 5 & 6 Page 20 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. 1252 Jensen, LLC Agenda Items 5 & 6 Page 21 Prepared by: John W.Richardson,Esq.(VSB 16079) 200 Bendix Road,Suite 300 Virginia Beach,VA 23452 1252 JENSEN,LLC, a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia GPIN NO. 2417-32-6769-0006 and 2417-32-6769-0000 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION AGREEMENT is made this 12th day of January, 2022, by and between 1252 JENSEN, LLC, a Virginia limited liability company ("Applicant"), for recording purposes Grantor; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(the "City"), for recording purposes Grantee. WITNESSETH: WHEREAS, Applicant is the owner of a certain parcel of property located at 1252 Jensen Drive in the City of Virginia Beach, Virginia(the "Property"), as more particularly described on Exhibit A attached hereto and made a part hereof, having acquired said Property by deed dated July 1, 2021 from Chesapeake Atlantic, LLC, a Virginia limited liability company ("Previous Owner"), recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia(the"Clerk's Office") as Instrument No. 202103062970; and WHEREAS, the Property was previously subjected to those certain proffered covenants, restrictions and conditions dated May 17, 2006, recorded in the Clerk's Office as Instrument No. 20061031001650980("Original Proffers")and those certain proffered covenants,restrictions and conditions dated November 16, 2010, recorded in the Clerk's Office as Instrument No. 20110118000055120 ("2011 Proffers"), both filed in connection with a Conditional Change of Zoning District Classification of the Property from R-10 Residential District and I-1 Light 1 Industrial District to Conditional I-I Light Industrial District and having been filed by the Previous Owner of the Property;and WHEREAS, the Original Proffers and the 2011 Proffers are hereinafter collectively referred to as the"Proffers");and WHEREAS,the Applicant has filed an application for Conditional Use Permit addressed to the City which is required for the use of the Property as an office/warehouse/bulk storage yard; and WHEREAS, as a part of the sale of the Acquired Parcel, the Applicant has agreed to subject the Property(specifically including the Acquired Parcel)to the Proffers,as amended from time to time;and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS,the Applicant acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 are needed to cope with the situation to which the Applicant's use of the Property is zoned;and WHEREAS,the Applicant has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, 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 Zoning Map relative and applicable to the Property, which has a reasonable relation to the conditional rezoning and the need for which is generated by the conditional rezoning. NOW, THEREFORE, the Applicant, for itself, its successors, representatives, 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 or quid pro quo for zoning,rezoning, site plan,building permit,or subdivision approval,hereby make 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 this declaration shall constitute covenants running with the Property,which shall be binding upon the 2 Property and upon all parties and persons claiming under or through the Applicant,their successors and assigns,grantees, and other successors in interest or title: 1. When the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors, Land Planners and Landscape Architects, dated December 16,2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Landscape Plan"). 2. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors, Land Planners and Landscape Architects,dated December 16,2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Layout Plan"). 3. When the Property is developed, the elevations, architectural design, building materials, appearance and height shall be substantially as shown on the renderings and elevations submitted on December 9, 2021 prepared by Solid Structures, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the`Building Elevations"). 4. The use of the Property shall be only office/warehouse/bulk storage yard. 5. The Grantor will erect and maintain a fence of not less than six feet in height on the south side of the Property so as to completely enclose the portion of the Property to be used for bulk storage. 6. All outdoor lighting on the Property shall be shielded to direct lights and glare onto the Property and focused away from adjoining properties. 7. The hours of operation of the office/warehouse/bulk storage yard facility will be between the hours of 6:00 o'clock a.m. and 9:00 o'clock p.m. daily. 8. Dumpster service on the Property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. 9. No mechanical equipment shall be located on the roof of the building(s). 10.All stormwater management facilities, including swales, must be maintained by the property owner. 11. These proffers shall supercede the proffers previously recorded in the Clerk's Office as Instrument No. 20061031001650980 and 20110118000055120. 3 12. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The above conditions, having been proffered by the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Applicant covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions and restrictions,including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit,or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Applicant and Owner shall petition to the governing body for the review thereof prior to instituting proceedings in court; and 4 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office and indexed in the names of the Grantors and the Grantee. [ SIGNATURES ON FOLLOWING PAGE] 5 WITNESS the following signature and seal: APPLICANT/GRANTOR: 1252 JENSEN,LLC, a Virginia limited liability company By: �' Name: c' ott Prunty, Member/Manager g COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: .14, The forgoing instrument was sworn to, subscribed and acknowledged before me this �� —dayof iA�1�.� , 2022,by Scott Prunty, as Member/Manager, of 1252 Jensen, � LLC, a Virginia limited liability company, on its behalf. The said Scott Prunty is ✓personally known to me, or has produced NIA- for identification purposes. Y PUBLIC My Commission Expires: 11 ), ( 4-a My Registration Number: )qo'?4'1 SANDRP CKSON NOTAF` SANDRA JACKSON <UC REG.#2.oU►7-44 • NOTARY►PgUBBLIC OOMMONWEAI':'.:;�<-;;"GINIA COMMRE MIH 0�ti R03RIA MY COMMISSION I ;; '112071 MY COMMISSION 1/2022 6 EXHIBIT A LEGAL DESCRIPTION Expanded and Amended Unit 6, 2.669 Acres, in Owl's Creek Commerce Center II, a Commercial Condominium, Phase 1, located in the City of Virginia Beach, Virginia (hereinafter the "Condominium"), according to the Declaration recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 4209, Page 2051, amended by Deed Book 4316, Page 1627, Instrument No. 20160201000078110 and Instrument No. 20170720000609020, and as may be hereinafter further amended, and in the related Bylaws recorded in Deed Book 4209, Page 2087, together with the undivided interest in the common elements appertaining to each unit, and the rights, privileges and appurtenances thereto belonging as declared in and shown in the Declaration, and as shown on the plat of condominium recorded as Instrument No. 20170720000609520, as amended. 7 Virginia Beach Planning Commission February 9, 2022 Public Meeting Agenda Items# 5 &6 1252 Jensen, LLC [Applicant &Property Owner] Conditional Use Permit (Bulk Storage Yard) Modification of Proffers 1252 Jensen Drive and a portion of 1228 Jensen Drive RECOMMENDED FOR APPROVAL-HEARD Madam Clerk: Okay. Our next agenda item, agenda items five and six. 1252 Jensen LLC. Applications for a Conditional Use Permit, Bulk Storage Yard and a Modification Of Proffers on property located at 1252 Jensen Drive and a portion of 1228 Jensen Drive in District Six, formerly the Beach District. Would the applicant or the applicant's representative, please come to the podium. Scott Prunty: Good afternoon, planning commission. My name's Scott Prunty. I am the owner of 1252 Jensen LLC and proposing the build. To be brief, in the description of everything. Mr. Redmond: Good luck man. Scott Prunty: What's that. Mr. Redmond: Good luck,we have trouble with pointers here. Scott Prunty: That's better than good luck with the proposal. Oh boy, here we go. So we are in the blue highlighted area here at vacant land. It was a combination of residential property and industrial use back in 2006, it was approved to be built on with a multitude of flex space. Here is the existing elevations that were approved in 2006, just shy of 30,000 square feet of building on it. And then a drive-through from Birdneck,which is on the east side, the right side of these photos, to left is the end of Jensen Drive. 1 Scott Prunty: So, our proposal here is to bring in a 5,400 square foot warehouse building, and then a 5,600 square foot warehouse building and a bulk outdoor storage area as the main use for this property. There will be parking lots on the east side, which will be in the employee parking and in the customer parking, and then the interior parking lot will be shielded with fencing for company vehicles to be stored on beside the bulk outdoor storage area. The building to the left will be a small warehouse. If you could flip slide please. Thank you. Scott Prunty: Here's a 3D rendering. The building at the front is to be used by a company that I also own, Solid Structures, an outdoor living design build company.The outdoor storage space is a store fiberglass, pool shells, fencing, things like that. That'll all be enclosed with least a six-foot solid privacy fence around it so the neighbors will not see that. Just a couple more renderings of it. The front entrance on the top left. If you're looking in from Birdneck,and then below it, the southeast if you're looking at it, the bottom right corner would be from Beautiful Street. So, anybody on the residential side, looking towards the building, you wouldn't see anything that was being stored in the yard because the fence would be taller than it. The evergreen trees would actually be the four trees that are existing on the property now. And then the top is the building all the way to the west. It's a 5,600 square foot.You go to the next slide please? Is that everything?Any questions? Mr.Wall: Are there any questions for the applicant? I've got a few things. Just recently it changed the bulk storage yard to gravel. So why is it I think there's going to be turf?. Scott Prunty: It was going to be turf and under city's request to have the bulk storage yard stabilized. They wanted at least gravel put down and we agreed to that. That's also going to change. We have some storm water in these plans. We will have to increase storm water management because that is considered impervious surface. Mr.Wall: I was out there. It's fairly soft ground. I'm sure during the warmer months, it's not quite as soft, but I mean,trying to move anything now, it's it probably track mud on and off. Scott Prunty: It hasn't been dry for a couple months out there right now. So, and with our storm water management plans, we are going to move everything currently now into the storm system on Birdneck side, because Jensen Drive area has hit capacity for what it can hold. So we've been working with the engineers on that. 2 Mr.Wall: So everything is going to Birdneck is that- Scott Prunty: Everything's going to Birdneck,we're going to have under a ground storage. So we're putting permeable pavers in bulk storage under any solid surface so that we can capture most of that water. Try to have it dissipate back down into the earth before it ever hit overflow.That would take it out to any of the existing drainage. Mr.Wall: So your site's probably going to have to come up in order to put the storage under the- Scott Prunty: Initial boring reports that we did on both the east and the west side, we have substantial area without bringing the property up. And the property is lower than the surrounding areas, but we also want to be mindful of our neighbors that we don't come up so high. We push water under their properties. Mr.Wall: So describe a little bit about that category to your landscape screening 25-foot vegetated buffer, what your plans are? Scott Prunty: Right about here, the forest ends, that's on the south side of the property. So it's heavily forested. So everything to the west that's going to include this area is going to remain the existing trees that are there. So there's 30 year old plus trees on the property with the lower level shrubbery as we get to the front section here and along the north side, there's residents here and church here, we're going to work with both the church and the resident on the north side to provide landscaping that they're both comfortable with and that's appealing for Birdneck road. Mr.Wall: Thank you. Anybody else? Thank you. Appreciate it. Madam Clerk. Madam Clerk: We have one speaker. Kevin Lewis. Kevin Lewis: 3 My name is Kevin Lewis and I live on Beautiful Street and we have a problem with flooding on our street and Jensen Drive does not have any drainage. And the commercial roofs are actually pitched towards our backyards. I just wanted to make sure that's being taken care of. Mr.Alcaraz: May I ask what? So there's no building on this site. What building are you talking about? Kevin Lewis: I live in a house, but there's commercial buildings that are existing and their roofs are pitched towards our yard. Mr.Alcaraz: Existing building down the road on Jensen, not on this site? Undercover site? Kevin Lewis: My backyard is backed up to the Jensen. Dee Oliver: Hey,do you have an aerial view?There we go. Kevin Lewis: It floods our street out. It's all their work. Mr.Alcaraz: Can you see on there where- Dee Oliver: Your house? Mr.Alcaraz: You can use a pointer on the thing. Kevin Lewis: The one right there by Beautiful Street. Dee Oliver: There's a pointer on the podium right here, sir. 4 Mr.Alcaraz: Right where it says Beautiful. Is that where your house is? Kevin Lewis: Right there, before that. I'm the second to the last house. But all that floods out. I've called the city out there. I've been on that street itself. There's no drainage and there was supposed to be a ditch or something put in back there and it was not put in. And the roofs to the buildings are pitched towards our backyards and got hoses off the gutters that push to our back fence.And it floods us out. I've seen it when I first moved in seven years ago where the house down street had six inches of water in it because of it. It's been an issue and I've been trying to talk to people about it. I've called the city. I've called whoever and nobody's done nothing and they've came out there and looked at it. One guy did and said somebody overlooked it. And didn't notice. Mr.Wall: Sir, can you speak up a little bit so we can hear you clearly. Dee Oliver: Can talk on the mic, it's hard for us to hear you? Kevin Lewis: I called the city and had them come out there. Because there's no drainage on the street where the household and roofs are pitched. It just floods us out every rain we get. I've already had to replace things in my shed because it floods my shed out with three inches of rain. And I've actually built my backyard up to try to help stop it because it's been so bad. Dee Oliver: Is there a ditch- Kevin Lewis: There's no ditch. Dee Oliver: ... on Beautiful Street at all? Kevin Lewis: On our street, there is a ditch. But all our drainers runs to the ditch at the back of the street. So you got a road over there and commercial bonds with their roofs pitch to our... And they got their 5 gutters on the back,with big black hoses that run to our fence. So it all rushes to our backyards and it floods us out. And it's historical, a lot of older people out there and they didn't understand what was going on and I'm sure there's been a lot of insurance plans throughout the years and nobody come up with explanation for it. Mr.Alcaraz: I'm familiar with Jensen Drive. There's a BMP on the top left for Jensen Drive. It's a pretty good size lake. I don't know why it's not getting to that. Kevin Lewis: Talking about that little pond they got? Mr.Alcaraz: Yeah. There's a pond there and there's another pond on the other side. Kevin Lewis: You call that a lake? Mr.Alcaraz: There's a pond on the other side too. There's two. Kevin Lewis: I've been over, I've a lot of walking over on it. I'm familiar with the street but doesn't... You got commercial roofs pitched towards our backyards regardless on the back of their buildings, along with all that rain and all that stuff coming from where they're plan on buildings and what they got now, it floods us out and it's been going on for a long time. There's a lot of old people out there and they don't know what they can do. I just figured this, come speak upon it and see if maybe there's something we can do. Because nobody's done nothing. And I've been calling for the past seven years since I've been living there. Mr.Alcaraz: Mr. Lewis, I appreciate it. Thank you. David Weiner: Can I say something before you walk away?Our city has new water restrictions for all new developments and rezoning, and these people are going to have to comply with that. I'm not going to say it's going to help 100%, but we have learned in the past when the new developments build in the rezonings, they have to follow these water restrictions. It's going to help in that aspect. But I'm not clearly comprehending where you are to this. I mean, I know 6 what street you're on, but I don't know,you're right behind these buildings where it says Beautiful Street? Kevin Lewis: I'm the second to last house on. Towards the core. But there's on drainage on the road either. David Weiner: This development here has to meet some pretty sturdy water restrictions anything to be built there. So this isn't going to make it worse. Maybe you could get with some staff members here before you leave and see about getting what we can do to help you out and then on your street, something or other. Kevin Lewis: Well, I hope they will figure something out. Because there's no drainage I know there should have been and somebody didn't do their job when they built it. David Weiner: And it's been back there for a long time. Kevin Lewis: The pipes are sitting back there for the drainage and it wasn't done. A lot of older people and a lot of old people passed away throughout years and they were just old. They didn't know what was going on. Obviously I'm probably not the only one who knows about it now, but I just want to make sure you know. Mr.Wall: Hold on. Sir, Mr. Lewis Sir, I did look back there and I walked back there and I did look at those buildings. I would probably agree with you that- Kevin Lewis: There roofs are pitched towards our background. Mr.Wall: So there's an existing problem, it appears, but Mr. Tajan, is there anybody on staff that could talk with Mr. Lewis after? Mr.Tajan: 7 We'll need to take a look at it. I'm trying to pull up some information right now about those structures that were constructed and when they were built and if they were, what ordinance they were built under, we can get your contact information and we'll make sure to reach out to you to see what's going on. Depending on the age of it. It may be something that the city can't inject themselves in. It's just someone doing something unlawful to put water onto somebody else but we need to take a look at it. So I need to get more information. Mr.Wall: Because there two things here, one thing is the existing problem, which hopefully we can get that addressed, but then the proposed application, which I think Mr.Weiner, hopefully you made it clear that the site approval process is very rigorous at this point in this. Kevin Lewis: I just don't want to make things worse than we are already having. We're already having the issue and building is going to probably make it worse in my opinion, but... Mr.Wall: I hope not. There's a buffer there that would hopefully buffer that. Kevin Lewis: That's pretty good back there. I've seen that whole court down there with three, four inches and it's- Mr.Wall: Miss Oliver. Dee Oliver: So Bobby. Thank you so much for bringing this to our attention. We did a group with Mr. Frankenfield a couple years ago. It's been about two years in that area with the ditches and walking the streets and stuff just for that particular reason. And it floods terribly. And a lot of that is just lack of maintenance to those ditches and the runoff of those buildings. And evidently it hasn't been addressed. Carolyn was probably part of a lot of that too, as well when we were working with that neighborhood for a long period of time and that it has a tendency to have a terrible, the infrastructure and the ditches just don't work properly. Kevin Lewis: There's a graveyard across the street and there's sink holes and stuff. Dee Oliver: 8 I know it is. I've seen it. Kevin Lewis: Water. My kid almost went right in one and they're pretty deep. Dee Oliver: We'll see what we can do to work on that. Kevin Lewis: Thank you. Dee Oliver: Thank you. Mr.Wall: Thank you. Anybody else? Would the applicant like to come back up and rebut? Scott Prunty: Just a feedback on his concern. Mr. Lewis, your house, right in here? This one here or this one here in the right. Kevin Lewis: It's that one. Scott Prunty: That one. Okay. It looks like the ones all the way down here at the end of the court. So you're somewhere right in there. So under initial investigation to our storm water plan that we were going to have to do with the engineers out there, our initial plan was to use this BMP on the backside of Jensen to drain all our water to, all the water that makes it to that BMP is sheet flow across the concrete.So it's not going into any drainage pipes or anything. There's also a ditch that runs here that pops into another ditch here in the middle and runs and pops out. Scott Prunty: All of that is essentially at capacity where we cannot go ahead and put more water into it. That being his concern here, they've got pipes coming off,a slanted roof that comes towards the back of the property, it's never making to the front of the property to sheet flow into that BMP, which may be one of the big underlying reasons he's getting so much water, but also I believe all the Beautiful Street is just asphalt with some ditches on it. So there's no underground water 9 transport there. So as we mentioned, we're bringing everything out to the Birdneck side. So the entire property will have to be pitched that way. So nothing should negatively, from what we build, go towards the west. We should all be going towards the east. Mr.Wall: Anybody have any questions? Scott Prunty: Thank you. Mr.Wall: Thank you. So I'm going to up the floor for a discussion or to entertain a motion. Robyn Klein: I move that we approve the application. Mr.Wall: Do I have a second? Mr.Alcaraz: I'll second. Mr.Wall: So I have an approval by Ms. Klein and a second by Mr.Alcaraz. Is there anybody that needs to abstain? Madam Clerk: Vote is open. By recorded vote of 11 in favor,zero against agenda items number 5 and 6 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz ,• AYE Bradley AYE Coston AYE Cuellar AYE Graham ▪ AYE Horsley AYE Klein AYE 10 Oliver AYE Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers 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 the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors, Land Planners and Landscape Architects,dated December 16, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Landscape Plan"). Proffer 2: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Layout of Solid Structures Headquarters Being Unit 6, Owl's Creek Commerce Center II" prepared by WPL, Civil Engineers, Land Surveyors, Land Planners and Landscape Architects, dated December 16, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Layout Plan"). Proffer 3: When the Property is developed, the elevations, architectural design, building materials, appearance and height shall be substantially as shown on the renderings and elevations submitted on December 9, 2021 prepared by Solid Structures, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Building Elevations"). Proffer 4: The use of the Property shall be only office/warehouse/bulk storage yard. Proffer 5: 11 The Grantor will erect and maintain a fence of not less than six feet in height on the south side of the Property so as to completely enclose the portion of the Property to be used for bulk storage. Proffer 6: All outdoor lighting on the Property shall be shielded to direct lights and glare onto the Property and focused away from adjoining properties. Proffer 7: The hours of operation of the office/warehouse/bulk storage yard facility will be between the hours of 6:00 o'clock a.m.and 9:00 o'clock p.m. daily. Proffer 8: Dumpster service on the Property is only allowed between the hours of 8:00 o'clock a.m.and 6:00 o'clock p.m. Proffer 9: No mechanical equipment shall be located on the roof of the building(s). Proffer 10: All stormwater management facilities, including swales, must be maintained by the property owner. Proffer 11: These proffers shall supersede the proffers previously recorded in the Clerk's Office as Instrument No. 20061031001650980 and 20110118000055120. Proffer 12: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. CONDITIONS In addition to the proffers volunteered by the applicant, Staff recommends the following conditions: 1. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 12 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America.The plan shall include provisions for implementing low-level security lighting for non-business hours. 3. Any additional lighting added to the site shall be directed to the interior of the site and away from adjacent residential homes. 4. Light fixtures may remain on at any time, provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. 5. The equipment storage yard shall be enclosed with Category VI landscape screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach,and including a minimum six-foot tall fence. 6. The proposed landscaping shall meet or exceed the standards required within the City of Virginia Beach Landscaping Guide. 7. Signage on the site must be in accordance with sign regulations outlined in the Zoning Ordinance. 8. Any freestanding signs shall be limited to a maximum height of eight feet with materials that relate to those used on the exterior of the building. 9. In addition to required Category VI landscape screening for the Bulk Storage Yard, a minimum 25-foot wide area of existing mature vegetation that presently exists along the southern edge of the property shall be retained and maintained to additionally buffer this development from residential properties located on Beautiful Street. 10. Prior to operating on the site, proof of compliance with the Navy Restrictive Easement shall be provided to City Staff. 11. The area used for the outdoor bulk storage yard shall be gravel or as otherwise approved by the Development Services Center during site plan review. 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. 13 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. 14 \` v Th0 V A O \ �M Ri10 : o , 'te/ 4c a//41;,0 R�10 �h , ___,,,_ cy a)/ R10 iht, D /0, ,,..f% 0- l'ifre '0, ,sbi / - / c 7 /° - IF - '' ' .4* / 0> U 4k% ‘ „ ge),G p; W10,,U, 470 0 ,� p , o 4,,,,g �.4, Rio/ 0 _- 0 • 0 , 4bA i J,7/6 ,.8 ,/\___ ,, /, 4,.. , * 0 a ° ,t// RA,Of * 7 /44, ,-,,, ti //c ft----_,___ P/ 0 00 (1+ 4C 00 Aro�, , ,o. R20 / -/qr,_ , o o \\<Z , 2� e 0 (3° ;o Ro o .411 -,. 7 067 O *. cil • / R20 icie0 V �ce,� R20 oa s�o it,,, .<: ). , IN //, Site w'Atli I: Whitney Triplin-Pass W Property Polygons 952 Timberlake Drive S Zoning Building NE i•mme Feet 0 30 60 120 180 240 300 360 4u --- S j CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WHITNEY TRIPLIN-PASS [Applicant] JAMES PASS & WHITNEY TRIPLIN- PASS [Property Owners] Conditional Use Permit (Family Day-Care Home) for the property located at 952 Timberlake Drive (GPIN 1476211890). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: March 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children in her residence located in the Bellamy Manor Estates neighborhood. Typical hours of operation are planned as 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: Childcare will take place within an existing, well-kept, single-family dwelling that has a fully enclosed rear yard and will provide a needed service to the community. With the recommended conditions, the Planning Commission agreed with Staff's opinion that the operation will not be detrimental to any adjacent land uses. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Three letters of opposition were received regarding the request. Neighboring residents expressed concerns about negative traffic and parking impacts, noise, and the intrusion of commercial activity into the residential neighborhood. • Recommendation: On February 9, 2022, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11 to 0, to recommend approval of this request. 1 . The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. Whitney Triplin-Pass Page 2 of 2 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 6. The arrival and departure times shall be staggered to avoid vehicular congestion. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department *7 City Manager: 11\11B Applicant Whitney Triplin-Pass Agenda Item Property Owners James Pass & Whitney Triplin-Pass Planning Commission Public Hearing February 9, 2022 City Council District District 1,formerly Kempsville 4 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) v- / P, 0 4.„,„.„,^ Oe Staff Recommendation eaknEss v e Zner 1 ;:r:::rive ;' ;° Ay' Z c,A, 1 cs- i �� a si GPIN r o s 0`4 ke 1476211890 � i 1 e Site Size c o �, ���ap / 9,793 square feetti, / F r�1 n Do 0 0/ * � AICUZ t y ? _ 1 ._ .r° 6P .Q / A Less than 65 dB DNL — "re°�, / F fin! f--447 Watershed Southern Rivers „ . '• Existing Land Use and Zoning District • .#1 M,,'` \ `' 1• , �s Single-family dwelling/ R-10 Residential t ' ' 4,, �! ,. r .v,c cr,aL{ v t..•- p• '* e r . . Surrounding Land Uses and Zoning Districts �' f' t • , _, •North �.� ,,� ' -+�' Single-family dwelling/ R-10 Residential , , 441.4,... `` i • of _-r,'' South t ';. +' Single-family dwelling/ R-10 Residential _ v East `�, `, ' ` ' Single-family dwelling/ R-10 Residential ,ttll& ` ' ,. West * 'o Single-family dwelling/ R-10 Residential p. t•'''` , ROaa I k }" tF '� , Whitney Triplin-Pass Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home to care for up to 12 children within a 9,800 square foot single-dwelling. • The single-family dwelling is located in the Bellamy Manor Estates neighborhood on property zoned R-10 Residential District. • The applicant proposes to use 238 square feet of the house for the in home day-care use.The rear yard of the house is fully enclosed by a wood privacy fence for the children to play safely outdoor. • According to the application,the applicant plans to care for 10 children, ages two to five years of age, in the Family Day-Care Home, however it is common practice to allow up to 12 children for all Family Day-Care Homes in the City of Virginia Beach subject to licensure requirements regulated by the Department of Social Services. / Mt�ha 1C 0 �F r \\ ° Zoning History iV1-1' \ q I\ \ No zoning history to report 0 0 "7 R20 R20 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion, this request for a Conditional Use Permit for a Family Day-Care Home is acceptable. Childcare will take place within an existing single-family dwelling that has a fully enclosed rear yard. Staff finds the use supports the Comprehensive Plan's goal for establishing and sustaining "Great Neighborhoods" in the Suburban Area by providing a necessary and complementary non-residential use in this neighborhood. The property, in Staff's opinion, is organized, well-kept, and provides a needed service to the community and, with the conditions listed in the Staff report, will not be detrimental to any adjacent land uses. Traffic Engineering Staff provided an analysis of potential traffic impacts that shows there would be an increase in the number of average daily trips generated by a Family Day-Care Home at this location, increasing from 10 ADT to a calculated 58 ADT for a Family Day-Care Home with 10 children. An organized drop off/pick up plan would help ensure Whitney Triplin-Pass Agenda Item 4 Page 2 efficient circulation of traffic on site and would minimize impacts on adjacent streets,which Staff has included as a recommended condition of approval. Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12)children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 6. The arrival and departure times shall be staggered to avoid vehicular congestion. 7. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front facade of the house. 8. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 9. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain Whitney Triplin-Pass Agenda Item 4 Page 3 or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. No known above-or below-ground historic or cultural resources will be affected by this use. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Timberlake Drive No Data Available) Existing Land Use2—10 ADT3 Proposed Land Use4—58 ADT 1 No traffic counts exist for this 2 As defined by a single family 3 Average Daily Trips 4 As defined by a house—one unit&daycare roadway house one-unit with 10 children Traffic Engineering Staff highly recommends that the applicant develop a well-organized parent drop-off/pick-up system to ensure there is efficient traffic circulation and to eliminate the possibility for vehicle overflow onto the adjacent streets. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Timberlake Drive in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan and there are no CIP projects slated for this area. Public Utility Impacts Water The site is currently connected to City water. Sewer The site is currently connected to City gravity sewer. Public Outreach Information Planning Commission • Three letters of opposition have been received by Staff noting concerns related to traffic, noise, and commercial intrusion into the residential neighborhood. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 23, 2022 and January 30, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 24, 2022. Whitney Triplin-Pass Agenda Item 4 Page 4 • 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 February 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 27, 2022 and March 6, 2022. • 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 February 28, 2022 • 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 March 11, 2022. Whitney Triplin-Pass Agenda Item 4 Page 5 Site Layout ....„ .„... ca . . .... v.v., • - A. _... ,- .. ,.. ., .... " . . ; •Q.- 4 , 11 ' ' - - 1,40- , __• 4.:, . .1'' AV* ' • _ , ,. • " , • (-• .•• ,••0 _ .! co _ . , .. ‘ . ..,••• - . ._,_- . : 0 ., • ..,:.••_ _- .. , - • .fr -'''''. : Zliti'''' AP.' 4 .` , ' 0 1-#' .. Lo _. . t. •.._ . _ 4 .. * • . ..--, = . oty: -; "` .4-1:-. ' '. - 0 , ../.0 1 ,• -.. % * ,.,..- i • -it- - ' . •. ..te 1, 411,.., `.‘ ,. 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P12414,, 1 gry _......„..,... id . . ., . -... ... •,,,,,•,, •_‘„,....„ . ..„ , . . ..-.7...., 2....... .„;,„_ 41L- • - ,, .-, -......:-....... . -. ....._ .. ........_ . . Whitney Triplin-Pass Agenda Item 4 Page 6 Site Photo , � t....,. ok ♦ r - if4 f6.:r 'Eh "g, ,, - :1: j `bIG• fix >� rc 'M• • ioti A .1. - A i Gam,'t`�r : 4 '-�fi c .,. ' il '' <. e.r Y vi ., : fi /, P,4 1 ?ji Whitney Triplin-Pass Agenda Item 4 Page 7 Disclosure Statement Disclosure Statement 'NB City of Virginia Booth 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 Whitney Triplin-Pass 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 II 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. Revised 11.09.2ut, 1 Whitney Triplin-Pass Agenda Item 4 Page 8 Disclosure Statement Disclosure Statement City of viiymia lienrh. Planning&Commu 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 in 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 J No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ❑Yes II 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 in No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Whitney Triplin-Pass Agenda Item 4 Page 9 Disclosure Statement Disclosure Statement Ati3 City of Viryinia 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 IN 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 CM 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 Sig ure Whitney Triplin-Pass,Owner Print Name and Title 11/30/2021 Date Is the applicant also the owner of the subject property? I Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 02/28/2022 signature a. atil efr RtntName EI•ibeth Nowak Revised 11.09.2020 31 Whitney Triplin-Pass Agenda Item 4 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Whitney Triplin-Pass Agenda Item 4 Page 11 Virginia Beach Planning Commission February 9, 2022 Public Meeting Agenda Item #4 Whitney Triplin-Pass[Applicant] James Pass Jr. & Whitney Triplin-Pass[Property Owners] Conditional Use Permit (Family Day-Care Home) 952 Timberlake Drive RECOMMENDED FOR APPROVAL-CONSENT George Alcaraz: All right. Thank you. The next item for consent is item number four, and that is the Whitney Triplin-Pass at 952 Timberlake Drive for a family daycare. Please come forward.Welcome. If you could state your name for the record, please. James Pass: Well, My name is James Pass. George Alcaraz: All right. Do you accept the conditions? James Pass: Yes, I do. George Alcaraz: Okay.Thank you. You may be seated. James Pass: Thank you. George Alcaraz: Is there any opposition for this item?All right. Hearing none, if we could have Mr. Weiner read this. David Weiner: Thank you, Mr.Alcaraz. The applicant is requesting a Conditional Use Permit to operate a family daycare for up to 12 children. The single family dwelling is located in Bellamy Manor 1 Estates. Typical hours of operation are 6:00 AM to 6:00 PM. Monday through Friday, with only one employee.The request for a Conditional Use Permit for family daycare is acceptable and we find this recommend approval and put it on consent agenda. George Alcaraz: Good. Thank you. All right, Mr. Chair, that was the last item on the consent agenda. Planning Commission places the following applications on consent, agenda items 3, 4, 7, 9, 10, 11, and 12. Jack Wall: Okay,thank you. Do I have motion to approve by consent agenda items 3, 4 7, 9, 10, 11, and 12? George Alcaraz: Chairman, I want to make a motion that we approve or consent items number 3, 4, 7, 9, 10, 11 and 12. Don Horsley: Second. Jack Wall: Okay. I have a motion by Mr. Alcaraz and a second by Mr. Horsley. Dave Redmond: Mr.Chairman. Jack Wall: Oh, okay. Is there anyone wishing to abstain from this? Dave Redmond: Mr.Chairman, while I will vote in favor of the consent agenda, I want to be clear that I am specifically abstaining on agenda items number 10, 11, and 12. I have a letter on file with the city attorney's office. I have a client in the travel business which prevents me from voting on either ordinances or on individual short term rental applications. Thank you. Jack Wall: Okay.Thank you. 2 Madam Clerk: Vote is open. By recorded vote of 11 in favor,zero against agenda items 3, 4, 7, and 9 have been recommended for approval by consent. By recorded vote of 10 in favor,zero against with one abstention by Mr. Redmond, agenda items number 10, 11, and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Graham AYE Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The Family Day-Care Home shall be limited to a total of twelve(12) children, other than children living in the home. 2. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 3. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 4. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 3 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: )oan Roberts To: Elizabeth D.Nowak Subject: Conditional Use Permit Date: Wednesday,February 2,2022 11:26:15 AM 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. Regarding the request for rezoning at 952 Timberlake Drive: I live across the street at 949 Timberlake Drive and I am not in favor of this rezoning request.It would not be so bad if it were for two or three children but up to twelve is unacceptable.They do not have adequate parking for that many customers.They don't even park all their own cars in their driveway.Our street is used as a short cut and has a lot of traffic that speeds through our neighborhood.I would not appreciate a lot of cars parked in front of my house everyday.It would also cause a lot of hazardous conditions with passing traffic.It also doesn't seem appropriate for our neighborhood which obviously isn't zoned for it now.I seriously hope this is not approved.Thank you for letting us know about this.Sincerely,Joan Roberts Joan Roberts 949 Timberlake Drive Virginia Beach,Virginia 23464 jlinrob@earthlink.net 757-495-5966 757-892-44728 Sent from my iPad From: To: Elizabeth D.Nowak Subject: ACCELA Record 2021-PCCC-00365 for 952 Timberlake Drive GPIN(s): 1476211890 Date: Tuesday,February 8,2022 7:55:49 AM 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. Ms.Nowak, Hello, I am emailing in regards to the letter I received from City of Virginia Beach, Dept of Planning and Community Development. Which references ACCELA Record: 2021-PCCC-00365, Address: 952 Timberlake Drive PGIN(s): 1476211890 Council District: District 1, formerly Kempsville If I do have a vote for the Applicant to open a business Family Day-Care Home, at an adjacent property to my home,I vote "NO" Reasons: 1. I live in a single-family district neighborhood, not a business district, I would like it to remain non-business single-family district. 2. I have concerns on the amount of noise this business would create. My home is directly adjacent to the Applicants property for the business. 3. The home lots are roughly around 100 feet x 100 feet,very close to each other. (12) kids or more in the back yard can generate a lot of noise. 4. It's unknown what the hours of operation are 24 hours a day/7 days a week? What are the limitations on working hours? 5. Would increase traffic in the neighborhood. 6. Letter from VB indicates a Family Day-Care Home for up to 12 children. Does this include all children at the home at any given time, or if the owners have their own children and friends,would that be in addition to the business related (12) children? 7. How many employees/workers would this business include/support. 8. May reduce the value of the homes in the neighborhood, including mine. We moved to our home because it is a single-family district neighborhood. I would prefer to be anonymous on my vote and to the Applicants, but be known as an "adjacent property owner". I have concerns about rebuttals/retaliation regarding my opinion/vote. I have a day job and can not make it to the hearing and very limited on leave. And while it looks to start at 1200, it's unclear how long it lasts, unknown timeframe. Thank you for your time. V/R, From: Tessier.Timothy 3 CTR USN PEO MLB WASH DC(USA) To: Elizab th D. Nowak Subject: Planning Commission Input RE:CPIN(s) 1476211890 ICO Whitney Triplin-Pass Date: Wednesday, February 9,2022 8:28:24 AM [._ 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. Good Morning, I am writing on behalf of my Family who resides at 957 Timberlake Drive, Virginia Beach with regards to the application of James Pass Jr and Whitney Triplin-Pass (Applicants) (Accela Record 2021-PCCC-00365) for a conditional use permit of a Family Day-Care Home for up to 12 Children. I apologize I cannot attend in person or via Webex as I am on Government travel and would respectfully ask the Planning Board to consider our remarks: As lifetime Virginia Beach residents we absolutely encourage and applaud the entrepreneurial spirit for small businesses as well as providing the community with services that are in need. We feel that a Family Day-Care Home at the requested location would further increase local traffic and impeded our already very limited parking. We are also concerned as to whom would monitor the increased traffic as once a license is permitted there will be limited resources to monitor how many children would be attending on a daily basis. We would also ask that the board consider that this particular section of Timberlake is largely populated with Elderly Families who may not have the facilities nor technical expertise to attend via Webex, nor the physical abilities to attend in person. We would ask the board to consider that with this in mind, there may be many neighbors who cannot be heard on this application. Thank you for your time. Very Respectfully, Tim Tessier Senior Program Analyst Kapsuun Group, LLC Risk Management Information (RMI) PEO/ MLB NIWC JEB Little Creek 2425 Stalwart Rd, BLDG 1558, Norfolk, VA 23459 Cell: (757)633-0331 timothy.j.tessier.ctr(Eus.navy.mil 40, N- 11:, '''''''w R-1.0 /° / I - ,, N R10 / Wm \ c_si Q- c , 0' B2% a) riil-, N-,-- __ _ = 0 - -----.„it`mob f (72 , <> / ALj / 1\) ' irlirifi , B2 " N'- 41'A ' N' !,_'..., A 1r8 r illi \ rj [4:c2 / . ',7, Pliee Q o- - /c. * RI a -Gil , RIG,-- , . 0 k �, z \ III* a I 2 0, OO ��,0 \ C\ ' B o ap a10 ,, B2 z„o 4o QM oaa 0 Odd-pro •d, n y r e• -c-e-R m /,‘,._ i NNNN A18 \_____ , 1 ______------. 0 A36 r >22j B2 ..!1 _.. .1W . r A, Site w 'I& i N3 Property Advisors, LLC \ _W f Property Polygons 6213 Indian River Road S 1.11 Zoning Building Feet 0 30 60 120 180 240 300 360 tr-,7 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: N3 PROPERTY ADVISORS, LLC [APPLICANT] VIRGINIA BEACH INVESTMENT COMPANY, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) for the property located at 6213 Indian River Road (GPIN 1456336782). COUNCIL DISTRICT 1, formerly Centerville MEETING DATE: March 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage near the Knob Hill neighborhood, along Indian River Road. The parcel is currently undeveloped, and the automobile repair garage will be constructed in a 1,725 square foot single-story building consisting of three garage bay doors with aluminum framed windows. The proposed repair garage will be limited to maintenance services that consist of oil changes, Virginia State Inspections, and power steering fluid. The hours of operation are proposed as 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m., Saturday and Sunday. • Considerations: The required Category VI buffer will provide separation between the proposed commercial use and the residences to the west and includes a six-foot tall, wooden privacy fence and a 15-foot-wide area with evergreen shrubs. While not required, the applicant offered to enhance the streetscape along Old Providence Road with Category I plantings consisting of small height ornamental trees which will provide extra screening to upgrade the aesthetics of the sight. The property is unique in that there are two points of ingress/egress — one along Old Providence Road and one along Indian River Road. The proposed building is oriented on the northern portion of property with the majority of the southern half of the property to remain vacant. Upon obtaining this Conditional Use Permit, the southern portion of this B-2 zoned property could be developed by-right or further subdivided. Condition 4 is recommended to limit the development of the property to one use at a time, unless a modification is granted by City Council. The applicant is agreeable to this condition. All parking can be accommodated on site and there is no known opposition. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. N3 Property Advisors, LLC Page 2 of 3 • Recommendation: On February 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by recorded vote of 11 to 0, to recommend approval of this request. 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "CONCEPT PLAN OF 6213 INDIAN RIVER ROAD," dated January 11, 2022, and prepared by NDI Engineering Company, Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Strickland Brothers" dated November 22, 2021 and prepared by FRANZ Architects, Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 4. Development on this site shall be limited to no more than one use at a time unless a modification of this Conditional Use Permit is granted by City Council. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles shall be parked within any portion of the public right-of-way. 8. There shall be no outdoor storage of equipment, parts, tires, or materials. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10.There shall be no portable or nonstructural signs or electronic display signs on the site. N3 Property Advisors, LLC Page 3 of 3 11.All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. • 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 (/1-7 City Manager Applicant N3 Property Advisors, LLC Agenda Item Property Owner Virginia Beach Investment Company, LLC Planning Commission Public Hearing February 9, 2022 9 otr/o City Council District District 1, formerly Centerville Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) ; Sherry Avenue R R u a Staff Recommendation ~ " " a FC � a o Approval m Shelby E e = M 2 lase A 3 o diHowe! Staff Planner c , " n Michaela D. McKinney _ 41, i • e 9 ' WI Location v I � 6213 Indian River Road o GPIN 4:411111456336782 4:7-e a I Site Size a a m \., 1.34 acres a° it. v 3 m A I C U Z q` @r,,h,�dwr ro 8 E O_ Less than65dBDNL bL' ( nO cane Y ��✓e •L .dc V m i • Watershed Chesapeake Bay Existing Land Use and Zoning District 4 ,. . - = ' 70.:, Undeveloped lot/ B-2 Community Business ,,,,, . . ' \• ,5.1 , - -irliffeZ/ ( j Surrounding Land Uses and Zoning Districts - • r�� ,l �- - ;4-4; h `r North . ' to l�a.740.6 �j =�E� /�V'• �• � e Indian River Road �o •* .. J �, /1. ��jy'MVP 'A.,''.. �•i +ate. j '• Shopping center, auto sales/ B-2 Community , w, • 't, `',# 'Qoda �, , : i-� Business '� ` `-,�;7-'4. / �.` —, }' V South .. t r , ter. )� �� : .r r. .. Old Providence Road r ;!' 4. i �', • �,- Retail/ B-2 Community Business :.",",r, ' �w o,;PraC, ��� A.sIey t a, �,i .;. --�""- '�-.—__enfe Road East �, • . = �:. .r7 Auto sales, automobile repair garage/ B-2 ;, ,� . \� / = ,}» CommunityBusiness ip° •/ '� - West r T, 5�, , „r F , �, r cle..41r Retail, single-family dwellings/ B-2 Community s j aP�� ' "` Business, R-10 Residential N3 Property Advisors, LLC Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage on a 1.34-acre parcel zoned B-2 Community Business District. • The site is currently undeveloped, and the applicant is seeking to construct a 1,725 square foot building. The auto repair business will provide drive-through limited maintenance services such as oil changes, power steering fluid service, and Virginia State Inspections. All services to be provided are limited to those where customers can remain in their vehicles. It is anticipated that up to 50 cars will be serviced daily. • As required and depicted on the Conceptual Site Plan, a 15-foot-wide landscape buffer with Category VI screening and staff has requested a six-foot-tall privacy fence along the western side of the property where it abuts residentially zoned properties. Also as required, streetscape plantings are proposed along the frontage of Indian River Road. Additional shrubs will be installed along the northwest property line, adjacent to the B-2 zoned retail property, to provide additional screening. • The building's elevations depict a one-story structure made of cement board trim and metal roof panels with three garage bay doors consisting of aluminum framed windows. • A freestanding sign is proposed at the entrance along Indian River Road. The vinyl-based sign with the business logo is proposed. The sign will consist of internally illuminated single-sided fabricated fabrics,with printed graphics and push through lettering"10 Minute Oil Change", as shown on page ten of this report. • Per Section 203 of the City Zoning Ordinance, one space per 900 square feet of floor area, or two spaces for this 1,725 square foot operation, is required. Up to six employees will be on the site at any given time. The ten parking spaces depicted on the Concept Plan exceed the parking requirement by two spaces. • The hours of operation are proposed as 7:00 a.m.to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m., Saturday and Sunday. I -- . 4Fit,'..-w,k-, 11 ---k I 1. --'- a�- `; et a_ 5i El-, Zoning History ir _** 447*.t, h # Request III 1 CRZ(R-10 to Conditional B-2)Approved 01/11/2005 ' : k . "�? 2 CUP(Motor Vehicle Sales)Approved 04 10/1993 pp / '�/ 84 3 CUP(Automobile Repair Garage)Approved 07 8 1998 4 , . �*e�2 p g ) pp / / z 4 CRZ(B-2 to Conditional A-36)Approved 01/23/2007 3' 6 5 CUP(Church)Approved 11/23/2007 grdsley w � 6 CUP(Church)Approved 03/13/2007 7 STC(Portion of Old Providence Road)Approved ___ Y �Ci►»` = \i 01/08/2002 A36. 82 �� ��od Bz Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental N3 Property Advisors, LLC Agenda Item 9 Page 2 Evaluation & Recommendation The proposed Conditional Use Permit for an Automobile Repair Garage is consistent with the Comprehensive Plan's land use policies for the Suburban Area, as it aligns within the guiding development principles of creating "Great Neighborhoods",which includes sustainable neighborhoods supported by complementary non-residential uses. In Staff's view,the use will provide a much-needed service to the community. The second entrance on Old Providence Road, in Staff's opinion, is not necessary given that the building is placed on the northern portion of the property, leaving majority of the southern half of the property vacant. While the applicant stated that they have no intent to expand the commercial development or to subdivide the property, Staff is concerned it could ultimately lead to the southern half of the B-2 zoned property being developed by-right without any protections for the neighboring residential properties and would result in an increase of traffic volume through residential streets. To address these concerns,the applicant offers Condition 4 to limit the development of this property to one use at any time, unless a modification is granted by City Council. While not required,the applicant offers to enhance the landscape buffer along Old Providence Road to provide extra screening for the adjacent property owners.This is depicted on the Conceptual Site Plan. In sum,the proposal is consistent with the Comprehensive Plan and is a compatible use with adjacent properties along Indian River Road,therefore, Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "CONCEPT PLAN OF 6213 INDIAN RIVER ROAD," dated January 11, 2022, and prepared by NDI Engineering Company, Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The design, size, and materials of the building shall be substantially in adherence,with the submitted elevation exhibits entitled "Strickland Brothers" dated November 22, 2021 and prepared by FRANZ Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning& Community Development. 3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 4. Development on this site shall be limited to no more than one use at a time unless a modification of this Conditional Use Permit is granted by City Council. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles shall be parked within any portion of the public right-of-way. 8. There shall be no outdoor storage of equipment, parts, tires, or materials. N3 Property Advisors, LLC Agenda Item 9 Page 3 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons,streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the suburban area of the City. The Comprehensive Plan states that land use compatibility among uses within this area is vital to the stability of the City's neighborhoods. One of the guiding development principles of suburban areas is the creation of"Great Neighborhoods," which depicts a stable and sustainable neighborhood supported by complementary non-residential uses. Enhancement or renewal of existing commercial centers are encouraged by the Comprehensive Plan by means of innovative design, products and services provided to the neighborhoods where they are located. Preserving neighborhood quality and characteristic requires proposed uses to maintain or enhance the existing characteristics of surrounding residential areas. Additionally, proposed developments should integrate the site and building design standards expected in the suburban area, as stated in the Comprehensive Plan's Reference Handbook of Special Area Development Guidelines for Suburban Area. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2a—0 ADT Old Providence Rd No Data Available Existing Zoning 2b—737 ADT Proposed Land Use 3—120 ADT Indian River Rd No Data Available 55,500 ADT 1(LOS°"D„ Existing Land Use 2—26,000 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips 2a as defined by a vacant site 3 No information available in the 4 LOS=Level of Service 2b as defined by a 1.34ac B2 ITE Trip Generation Manual Zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Old Providence Road is a two-lane local roadway that is not included on the City's MTP. This roadway serves both residential and commercial traffic. N3 Property Advisors, LLC Agenda Item 9 Page 4 Indian River Road in the vicinity of this application is a six-lane major urban arterial street. There is currently no roadway CIP scheduled for this portion of Indian River Road. The MTP shows this section of Indian River Road as an eight lane roadway in a 155-foot right-of-way. There is a City managed roadway project beginning construction just east of this site (Indian River/Providence Intersection Improvements). This project will provide for the installation of a new signal and left-turn lane at Indian River Road and Level Green Boulevard (East), along with signal removal and a median closure at Indian River Road and Level Green Boulevard (West). Also included will be the upgrade of the signal equipment at Indian River Road and Providence Road intersection and the Indian River Road and Sunnyside Drive intersection, as well as the relocation of the Indian River Road median between these two intersections in order to establish standard, dual, left-turn lanes. This project is scheduled to be completed in March 2023. Public Utility Impacts Water This site must connect to City water.There is an existing 20-inch City water transmission main along Indian River Road. There is an existing eight-inch City water main along Old Providence Road. Sewer City sanitary sewer is connected to City sewer.There is an eight-inch City sanitary sewer gravity main along Old Providence Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 23, 2022 and January 30, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 24, 2022. • 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 February 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 27, 2022 and March 6, 2022. • 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 February 28, 2022 • 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 March 11,2022. N3 Property Advisors, LLC Agenda Item 9 Page 5 Proposed Conceptual Site Plan Obpn a3n1 NbIQ .. 1 . _-zc'81` iS ar • L. /\ . •. $\ .... 1.. J 1 glc3 • a3sodotid 1 O , } I ,E/ c } } } o gg�Ol.£S.OS$ : 81 1 \ fmc-t- r-,.(''`-a, „...„ . .. • t 11 ••�. 1 to • I N Id d t •b, N I I In -- \_ 1 J g8 ) , I \ .. S 1 1 r' H 1 1 • 1.. 1 1 1 `, ` .Y fD W -------\ s� aW . G r-' -b1�O , 'sm • NI 0 - k, .y .•fig • 1 '' \ 1 --*g 1 . 1 I \ .' J • 1 ) N it:, .' cc.,,f •. . 11 • (`� t• 1 11� 01' ROp,O W 1 49 52 CNCG N8 QR ......„...--?.......„.....,. N3 Property Advisors, LLC Agenda Item 9 Page 6 Proposed Elevation Plan .o. �� r vn MS.0 moor sw lc w.. -—-—-—- -r, e wool RUM caoc 0 7 0 40';rot., O ` O '• O 0 :, O O O O O O? ® w rr- ly 0 SOUTH ELEVATION f" � t]J `tl SV VS 0 ,, 1 ‘11O 1: / n lirilill a. • o V C O O 1pSSt MOM VW 0M KWWit 10d ®EAST ELEVATION N3 Property Advisors, LLC Agenda Item 9 Page 7 Proposed Elevation Plan 7V-9, u •p �• 0 0 0 -- - - "C'7sA10 1. O 0 �• 01 IN `tliMaO +r-e(D 0 J J O 0 L° • o 1 - Q mom 0 (+x __r ill: . 7 - ,._ _Yf—,Ai . - a iL'' .___, _ Ni, " _ _ .� NORTH ELEVATION --- — — — — — "°°`°cA"G O 1 _ .. pP oiA[ B: 1 ` 1 O ..--- i ': C i i i i t t ° TQ Rwrc O 0 4 1 11! O O 0 O--O OWEST.ELEVATION N3 Property Advisors, LLC Agenda Item 9 Page 8 Sign Rendering a MS 298 L I I 'MS 42)C N' ' '44 EXAC.T VINYL COLOR IBL) .7--- \,.0. I 10 MINUTE \ . • OIL CHANGE 111"5 coo, GRA, . .. FXACI VINY COI I' -1"Pr SW 9:49 INKY 31,. PMS.,40!:C ill III Pill S'IAL:OW BLit. Pit, I,7 ittUMINATE0 UOtiUMENT SIGN SIGN MAILS , _,_.-.7.,: a•-:,,-., I , ' 10 MINUTE .-_.=, I- , • it OIL CHANGE ,t P' ,),, - '-::,,' oit-•-• bl' N3 Property Advisors, LLC Agenda Item 9 Page 9 Site Photos - . . z, of..... . .-.,..., -, ",•-.1. - . _ . •. _ _ . .,• I. — ._...-- -_-,„-.....as__ ,.. ;.--domsr.. jrv_,o4. ..... - _- We; - --...***,: ..-.1.44 . : IM 4.rrri.1.- dile IMO. .111111111111111111111111111. .._ it =WM 4--''.'•':it .,4 _____.,.._._._..... ' .''., Mliefli#•.‘ : .t•-.... ". * 41110111 :-- -,-.L. , L..... _ .... . , . "••kt•+. .te:S.reft e 11, - .... - -3007-'4,- v...,-- t 0,,,*..41;,f",- ' .=-,,-, •-.-----,-'''....--......-- .-..--.,-..*--, --, _ - - , • .., . f lilt - -- ' - - • - - -- ;- ' 4''' ..''..,, . . P.• •".4/1,•-, ;.4,„.1 , ": '' • 4* 't.Nk4 •,* ' '•-•• -,."''.:'• . ., • •:,'-....., 1,'4,... .:-\--.,,i ''•*aro --.4 v., •' 1 ' A ..' 41> ''',''''''‘, • -.,.}, - --!- • -t;N, -: i-• .'=4f ii,jr,t`', O'S k--,:- t4i-. N3 Property Advisors, LLC Agenda Item 9 Page 10 Site Photo Ill P , .....,,_ 1-,,,.,,ft. . .. -',. _ 4 g. -....,,r• 4411 -A-4pd,r,:.• ....m.- . t....-!-t 1.• 'T.' ':.-•;.---*App., I ' ; ':., -I - t T• PC , ... i 64 • t 74, _1 11_ ___:__'--_-_•)"!--PY1-1 12I. ..;„ _ . , ... ''' - . .,,.. ----- - z -- , - 1 4 "z"-- , -• ...... ,,, ' -.. . 111F •- .___,..... .... -- . . .. . - - _- . _. . .,. N3 Property Advisors, LLC Agenda Item 9 Page 11 Disclosure Statement • .,}� , y 1 . 4.I", .. z �, r v .� ^Vd--. - ! ' Kryt;03‘.4., 7 A� .T i 4"' j _.. ,~ i- ^T- .� ,:xt., , :' 1i`. 't ,i5.1,s'O • ,,, ..., S'Y_+,• i 1 41441- y- ,.. . v '�'. J* . '-` i..'- '��W'`o�- ® GILT". -.7 v... ...!,.. .-...7,-;,...._r.:,-;,-.;,,,-,...,.•, '.--:.,:,46.4.0fec.,-ey.• . . The disclosures contained in this form are necessary to inform public officials wno 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 Gty board,commission or other body. Applicant Disclosure Applicant Name N 3 P ape sty A disors,L LC _ Does the applicant have a representative? 29 Yes ❑No • If yes,'ist the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ,J No . If yes,list the names of all officers,s directors,members,trustees,etc.)below. (Attach a list if necessary) �.�i�y1✓1Gt 1c`Y�Gt�f'�< 1}__ �C t —' - • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity?relationship with the applicant. (Attach a list if necessary) hi?) 0(A.F ,„,,“,.,��- ( l.t� , MANI n 10,.1.) elx.MA,LiA- '"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. Revised 11.09.2020 1 I Pao e N3 Property Advisors, LLC Agenda Item 9 Page 12 Disclosure Statement ..,,47,. .. -7:::-..z!-4,-,.. _ .... 4,N.: .-,7410z4:-.--i-•i.:.:7.i.,..,_,-41.-i:- ,....,....,,.cci-7-: _-;,0-747..,-- -4 . .z.,..tv.,,,s;,_:,..:;:;.: ,. _ y,v, ..., : _._ ,..,,:i!,t A • • •'-• '.--,;4 ,-Vt.t4:.:,-,-.4„- -t x.,.a. :T.:.4t, 6:-'01.7 4'0..'iTce°e-sekr_.i•: %LI, ' w i • •. si J �!�, pisitV - ' -{� ;pi, ..,:, .:. `r. �I ,, ; i ,` '$ 'r •, w x 3, r,�!..rite t,,1 r'.cif- `iv-, ',)�`Y}C 1.♦! {R j�: S �L (tom , t 4 4.1 t c� y�py"� `,f,-* wx , � Lam _ H+YrJZx,..*� n y�r'x .�����p, � �c'� f.f ;. . s.'-. �.,���� r t k^+_�rt r �Ytxo1 9�{!f']l i� � Y ��. c _ Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public actior?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure Does:he applicant have any existing financing(mortgage,deeds of trust,cross-collaterelitation,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? L Yes IX No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? IX Yes ❑No • If yes,identify the company and individual providing the service. 1 a(Wilt. T fA n,+, PL sA I'.tT 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?D Yes gNo • 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? XEJ Yes ❑No • If yes,identify the firm and Individual providing the service. Franz Architects,Tania Inigo 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. /\ Rrvr;en:,G9?G20 2 1 P a g rs N3 Property Advisors, LLC Agenda Item 9 Page 13 Disclosure Statement • �r" s r 3.+.,+> $•. J-,,y_:.54 ..r r , r;• 1 Y..s w o J� ` • J�'R} K �•J 1 v yr "�'! i l v Jf=�'�t"" .» �..v lam` " �f '} r"r•� � �v K r r �t `� e^ �"�'ti 7tii.• } s�^"� y mot' ;• Y •</�f, }r ...y�w f�.i��� _ +r r',t`, �.r z�� Y t ', �{ t• r �'' T`.a .,.- ?�~.. ,.s a t+,. tw. .. J13,+�a �F�,-Yt+•, rar%""".�_ 4. J• 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 TBD 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. Basgier 8.Associates,John W.Blake II 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating cr to be operated on the property?a Yes C No • If yes,identify the firm and individual providing the service. Sykes,Bourdon,Ahern,g,Levy,PC. R.Edward Bourdon,Jr. 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 Print Name and Title (1(Z.2(21 Date Is the applicant also the owner of the subject property? 0 Yes LNo • 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 Gate Mar 1,2022 s't"' 711e-/ `;" PrintName Michaels D.McKinney Revised 11.09 202n 3 I P;c I;C- N3 Property Advisors, LLC Agenda Item 9 Page 14 Disclosure Statement I.Disclositre State merit �� •� . • GoIllipt fty . � ..s,,> •.:spa" Owner Disclosure `.. Owner Name Virginia Beach Investment Company,LLC Applicant Name N3 Property Advisors,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) (SEE ATTACHED UST) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A 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 c r 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. Revised 11.0.9,2020 5 I f a g N3 Property Advisors, LLC Agenda Item 9 Page 15 Disclosure Statement }< ADas�les re S4atement ® : T 't� C �4 �r 2 •� a ^ l o • k �' Elavning&�Commu'nrt� _ DeVelopanont • 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 RC]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 E 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 providec in connection with the subject of the application or any business operating or to be operated on the property?❑Yes n 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 L:J No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?®Yes ❑No • If yes,identify the purchaser and purchaser's service providers. N3 PROPERTY ADVISORS,LLC-SELF STORAGE FAOLITY 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?0 Yes No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I F N3 Property Advisors, LLC Agenda Item 9 Page 16 Disclosure Statement III ''.:, ,, ' R� L - • ;Disdpsure?a e=ig`t 4 I' - ' lan"' �-eiz nity i v . pCQ7]'-�� 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 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 a y,public body or committee in connection with this application. VI ginia Beach Investment Compa LLC By. I.Willi Berger,Managing. mber Owner Signature / I.William Berger,Managing Member Print Name and Title November 22,2021 Date Revised]]09.?020 7 I P a g e N3 Property Advisors, LLC Agenda Item 9 Page 17 Disclosure Statement • VIRGINIA BEACH INVESTMENT COMPANY,LLC 6477 College Park Square,Suite 306 Virginia Beach,VA 23464 ORGANIZATION: A general partnership,VIRGINIA BEACH INVESTMENT COMPANY was formed March 1,1963 for the purpose of investing in real property in the College Park area. The general partnership was converted to a limited liability partnership(LLP)on June 13,2012. The limited liability partnership(LLP)was converted to a limited liability company(LLC)on February 6, 2013. MEMBERS: %INTERESTS Lawrence J.Goldrich Revocable Trust 12.0890 % Janice T.Goldrich Irrevocable Trust-2000 5.0000 Danielle Pariser 11.2500 Allison Weinger 11.2500 William Twomey 0.811667 Estate of Joseph Twomey 0.811667 Estate of Maurice Twomey 0.649333 David Ackerman Kyle II 0.324667 Bart Malanson Kyle 0.324667 Michael Twomey 0.162333 Kathleen Schaub 0.2029165 Mary Kelly 0.2029165 James Twomey 0.2029165 Patrick Twomey 0.2029165 Diane Alson Revocable Trust 3.89600 Mathew Firman Revocable Trust U/A dated 5/19/21 3.89600 James P.Firman 3.89600 Frost Legacy Holdings LP 3.89600 Richard K.Friedman Family Trust u/a dated 9/8/2004 6.56200 Richard L.Sirow 2.597334 Daniel E.Sirow 2.597333 Linda Sirow 2.597333 Doreen M.Gottstein 1.94800 Rhoda J.Joelson,Summer Palace Trust u/a dated 3/16/96 1.94800 I.William Berger 4.33400 Danielle B.Pariser Trust U/A of the Gail C.Berger Revocable Trust dated 4/9/09 1.67350 Allison B.Weinger Trust U/A of the Gail C.Berger Revocable Trust dated 4/9/09 1.67350 Andrew J.Goldrich 5.00000 Vicki E.Goldrich 5.00000 Lauren J.Goldrich 5.00000 TOTAL: 100.000 % N3 Property Advisors, LLC Agenda Item 9 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. N3 Property Advisors, LLC Agenda Item 9 Page 19 Virginia Beach Planning Commission February 9, 2022 Public Meeting Agenda Item # 9 N3 Property Advisors, LLC [Applicant] Virginia Beach Investment Company, LLC [Property Owner] Conditional Use Permit (Automobile Repair Garage) 6213 Indian River Road RECOMMENDED FOR APPROVAL— CONSENT George Alcaraz: Thank you. The next item on consent is item number nine. That's the N3 Property Advisors, LLC for an automobile repair garage at 6213 Indian River Road. Will a representative please come forward? Eddie Bourdon: Thank you, Mr. Vice Chair. Mr. Chairman, for the record, Eddie Bourdon vis-a-vis attorney representing the applicant, Mr. Royce Barrington with Strickland Brothers is here in attendance. We want to thank Michaela for her hard work on this application. All conditions as recommended by the staff are acceptable to the applicant. George Alcaraz: Thank you. Eddie Bourdon: Thank you. George Alcaraz: Is there any opposition to this item being placed on the consent agenda? All right. Hearing none, I ask Ms. Klein to please speak on this. Robyn Klein: The applicant is requesting a Conditional Use Permit to operate an automobile repair garage on a 1.34 acre parcel zoned B2 Community Business District. The site is currently undeveloped, and the applicant is seeking to construct a 1,725 square foot building. The auto repair business will provide drive through limited maintenance services, such as oil changes, power steering, fluid service, and Virginia state inspections. All services to be provided are limited to those 1 where customers can remain in their vehicles. It is anticipated that up to 50 cars will be serviced daily. Staff recommends approval and the Commission agrees. George Alcaraz: Good. Thank you. All right, Mr. Chair, that was the last item on the consent agenda. Planning Commission places the following applications on consent, agenda items 3, 4, 7, 9, 10, 11, and 12. Jack Wall: Okay, thank you. Do I have motion to approve by consent agenda items 3, 4 7, 9, 10, 11, and 12? George Alcaraz: Chairman, I want to make a motion that we approve or consent items number 3, 4, 7, 9, 10, 11 and 12. Don Horsley: Second. Jack Wall: Okay. I have a motion by Mr. Alcaraz and a second by Mr. Horsley. Dave Redmond: Mr. Chairman. Jack Wall: Oh, okay. Is there anyone wishing to abstain from this? Dave Redmond: Mr. Chairman, while I will vote in favor of the consent agenda, I want to be clear that I am specifically abstaining on agenda items number 10, 11, and 12. I have a letter on file with the city attorney's office. I have a client in the travel business which prevents me from voting on either ordinances or on individual short term rental applications. Thank you. Jack Wall: Okay. Thank you. Madam Clerk: 2 Vote is open. By recorded vote of 11 in favor, zero against agenda items 3, 4, 7, and 9 have been recommended for approval by consent. By recorded vote of 10 in favor, zero against with one abstention by Mr. Redmond, agenda items number 10, 11, and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Graham AYE Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "CONCEPT PLAN OF 6213 INDIAN RIVER ROAD," dated November 28, 2021, and prepared by NDI Engineering Company, Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Strickland Brothers" dated November 22, 2021 and prepared by FRANZ Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that match the building, not less than six feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 4. Development on this site shall be limited to no more than one use at a time unless a modification of this Conditional Use Permit is granted by City Council. 5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicle repair work shall take place outside of the building. 7. No motor vehicles shall be parked within any portion of the public right-of-way. 8. There shall be no outdoor storage of equipment, parts, tires, or materials. 3 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 o W ft : R7./5 ii 41/8,° Al 2 Ivr /------_________. i eir ,,, li , siii v aftftrnc, / R 100 -- ...,_ ,.. �' A? / --0-------- - LI O - � \ Ill o B2 i z , Lijb /C:j , [70 CI \ ati' B2 it ' 'friiiti ---- 9 / - asor Lan e 01P i--, R10 0 / ifir /' B__2 = �� B 1 i' ___ N �� Site _ w'�'� t: NMP-C4 Fairfield S/C, LLC -��� Property Polygons 5312 Fairfield Shopping Center s Zoning Building Feet 0 2040 80 120 160 200 240 4-6 Tr, Ei7 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: NMP-C4 FAIRFIELD S/C, LLC [Applicant& Property Owner] Conditional Use Permit (Mini-Warehouse) for the property located at 5312 Fairfield Shopping Center (GPIN 1466449952). COUNCIL DISTRICT 3, formerly Kempsville MEETING DATE: March 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Mini-Warehouse for self-storage. The applicant proposes to redevelop a parcel in the Fairfield Shopping Center on Providence Road to construct a three-story, 114,465 square foot self-storage building. Up to 1,800 square feet of the new building will be office space; the remainder will be climate-controlled storage units. The exterior of the building is designed similarly to an office building, rather than a traditional storage facility, and will be clad with a mixture of materials including neutral-colored EIFS, brick, metal panels, and glass storefront systems. • Considerations: The Planning Commission concurred with Staff's opinion that this request is acceptable. The redevelopment will introduce a desirable complementary use for neighboring residents and is designed in a way that is sensitive to the adjacent residential neighborhood. The building is set back 55 feet from the western property line, siting it over 160 feet from the nearest residence, and it is designed to be primarily 37-feet tall with a tower at the southwest corner reaching only 41- feet and 10-inches in height. The proposed self-storage use has a lower intensity than if this parcel was redeveloped or repopulated with commercial retail tenants. In response to comments from the neighborhood, the applicant relocated the proposed lighted building signage from the west elevation to the south elevation that faces Providence Road and increased green space along Lord Dunmore Drive to further screen the parking lot from residences across the street. This change is indicated by underlined text in Condition 3 below. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Opposition was present at the public hearing. The two speakers expressed concern related to the direction of the one-way flow of traffic through the loading area and the proposed height of the new storage building. NMP-C4 Fairfield S/C, LLC Page 2 of 3 ■ Recommendation: On February 9, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center — Storage Site Exhibit", dated 11/22/2021, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated 01/03/2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "Exterior Rendering," dated 09/08/2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The color of the EIFS shall be a neutral and/or earth tone. 4. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center— Storage Photometrics Plan," dated 01/04/2022 and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. NMP-C4 Fairfield S/C, LLC Page 3 of 3 7. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 8. There shall be no exterior (outside) storage of motorized vehicles on the property. 9. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini- warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 10.No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 11.Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of 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. 0 Submitting Department/Agency: Planning Department City Manager: A Applicant & Property Owner NMP-C4 Fairfield S/C, LLC Agenda Item Planning Commission Public Hearing February 9, 2022 City Council District District 3,formerly Kempsville 2 ,,, , Virginia Beach Request Conditional Use Permit (Mini-Warehouse) Staff Recommendation 3 'i w Fai"nydeou,evard C Approval uerLan• , ''�_ J \ h'e'Tido 6a�htaCl 1 ed Staff Planner ALS' Elizabeth Nowak °'-�P R./ "t r _� Location g = aim 5312 Fairfield Shopping Center '1-. Is :� • GPIN L m `---7-1 1466449952 -P2q,.'i. ee„`�d�sti o,�� i Site Size . 1.682 acres A I C U Z �a°oc,� (4,4,0.0 �` Less than 65dBDNL �aF / 4.,k) / Watershed , "a / Chesapeake Bay Existing Land Use and Zoning District 4 : �� :ti Shopping center/ B-2 Community Business r �, f ._.7 . S. „, tigh- • : v . Surrounding Land Uses and Zoning Districts w- J .- _ 2 s .. _: '' - t !.- "ERR ',.„-- North ' t . , - Shopping center, apartments/ B-2 Community ? t. ',` 4, `° , '�`°� . Business, A-12 Apartment ,: .. -_�; o* r; f. r �` South �. r, F- - 4.f '€ �`rs,, (--- Shopping center/ B-2 Community Business -= �' ' East V • • , w;npso.,a Shopping center/ B-2 Community Business e ► .._. 1�F ' 7 _ West q - -• i Lord Dunmore Drive -F�%iieltl$q re4► + T. U ;. `� s Single-family dwellings/R-10 Residential . • F � ' -I . : 'F'rov,ae _,�`•• •+fit 4 • ;-# i -- �E . 't . s ncS Roed •` -S w fit/ e it„^� i NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Mini-Warehouse on a 1.68-acre parcel zoned B-2 Community Business District. The applicant proposes to redevelop this parcel located in the Fairfield Shopping Center with a three-story,climate-controlled,self-storage, mini-warehouse facility. • Though the parcel that the Mini-Warehouse would be located on is considered to functionally to be a part of the Fairfield Shopping Center, it is a separate parcel and property from the established shopping center. While there presently is common ownership between the subject parcel and other properties in the Fairfield Shopping Center, this proposal is only for the subject parcel 5312 Fairfield SC (GPIN 1466449952). • To accommodate the redevelopment,the applicant plans to demolish two existing buildings, a one-story, detached rectangular building and a one-story, L-shaped building that adjoins a one-story commercial building of the Fairfield Shopping Center. Both buildings were constructed in the late 1980s or early 1990s and have been the location of various commercial and office tenants, including a neighborhood-scale gymnasium, a satellite office of the City of Virginia Beach, and a mix of retailers. • The buildings to be demolished are common examples of 1980 and 1990 era shopping center development.Their most distinctive architectural feature are heavy hipped roofs with blue standing metal seam roofing. While distinctive, such roofing is typical of this kind and period of development. • Following clearing of the site,the applicant intends to construct an approximately 114,000 square foot,three-story mini-warehouse,self-storage building. The building will have a mix of cladding materials consisting of neutral colored EIFS, red brick and aluminum and glass storefront systems.A metal and glass tower will anchor the southwest corner of the building and will identify the building's office area. The southwest tower will reach a height 41 feet and 10 inches, and the remainder of the building will be approximately 37 feet in height. A projecting brick architectural feature will have a height of 44 feet and two inches. • The loading area for the mini-warehouse will be located at the rear of the building between the new building and an existing commercial building in the Fairfield Shopping Center.The loading area will be accessed by six-foot tall security gates that will either tie into a fence or other supportive structure. The gates will not be attached to the adjacent building. • The concept plan depicts the 117 parking spaces currently on this parcel.These spaces are not shared with the rest of the Fairfield Shopping Center. The redevelopment of the site, including demolition of the existing buildings and a large portion of the existing parking lot,will result in a reduction of surface parking to 35 spaces. The proposed Mini- Warehouse will have exclusive use of these 35 remaining spaces. This amount of parking will exceed the allowed maximum for a Mini-Warehouse with 1,800 square feet of office space as set by Section 203 of the Zoning Ordinance; only 11 spaces would be required for this development. 17 spaces would be the allowed maximum. The applicant intends to request a deviation of the parking allowance from the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. • Another self-storage business constructed in the mid-1980s operates just north of the subject site at 752 Lord Dunmore Drive, Suite H. This operation differs from the proposed development as storage units have individual, exterior access and are located within one-story structures. • The typical hours of operation for the leasing office will be 9:00 a.m.to 5:00 p.m., Monday through Friday,with up to six employees on site. Customers with storage units will have authorized access 24 hours a day, seven days a week. NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 2 v.. 4,0 cl,-... .------:LI______&..c.i at4 .'.. , & CO f—L7 .0, 0 . •ffiv-rw 64.-xtL 421,al-or `M��,�'� OIeandtrCkde i Cr Zoning History 1-14 7� �_ - _ �- # Request ..,- ! Q Ip-. 1 CUP(Indoor Recreation Facility)Approved 11/20/2018 8 ; fzet 0 .,, 2 CUP(FamilyDay Care Home)Approved 11/13/2012 �� �� 3 CRZ B-1 to Conditional B-2)Approved 02/06/2019 O2 -- , /,i i. ' 2 CUP(Tattoo Parlor)Approved 02/06/2019 �'�.�!M SVR 02/06/2019 R;�—J 4 CUP(Communications Tower)Approved 07/11/1995 _`� 0=3 t . CUP(Mini-Warehouse)Approved 09/10/1984 H ._ ' k 0 ri- Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for a Mini-Warehouse is acceptable.The proposed redevelopment will introduce a desirable complementary use for neighboring residents, as recommended by the Comprehensive Plan for non-residential development in suburban areas of the City. The proposed design of the site and building are modern and respectful in scale, massing, and height of adjacent residential areas, which are primarily composed of two-story dwellings. The proposed building is shown to be setback 55 feet from the front property line and approximately 167 feet from the nearest single-family residence. Horizontal elements of the design, such as metal canopies on the first floor and the organization of the storefront systems, and the light color palette together minimize the scale of the building, which will be the tallest building in the immediate area. An analysis provided by Traffic Engineering Staff indicates that there will be, on average, 173 additional daily trips to this area and that Providence Road and Lord Dunmore Road both have traffic volumes below their capacity.The project will reduce the amount of surface parking while still providing sufficient spaces for employee and customer use. Proposed and required street frontage plantings will help improve the aesthetics of the site while adding a low screen to the proposed the mini-warehouse along Lord Dunmore Drive. The submitted Conceptual Site Layout shows the proposed building located over existing public utility easements and mains for City water and City sanitary sewer pipes and will require the water and sewer mains to be removed or relocated. The applicant is aware of the need to relocate these utilities and that the proposal to address this requirement will take place during the site plan review process. In response from preliminary comments from Staff, the applicant worked to minimize the visual impact of the loading area of the mini-warehouse by relocating it to the rear of the building. In this location,the loading area is almost imperceptible from public rights-of-way. It is screened effectively by the building and keycard-accessed gates and meets the fencing requirements of Section 237 of the Zoning Ordinance. The photometric plan and conditions recommended by Staff in this report in combination ensure that the lighting requirements of Section 237 of the Zoning Ordinance are also met. NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 3 For these reasons, Staff recommends approval of this request subject to the conditions included in this report. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center—Storage Site Exhibit", dated 11/22/2021, and prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan",dated 01/03/2022, ad prepared by Painted Fern Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance,size, materials to the submitted elevations entitled "Exterior Rendering," dated 09/08/2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.The color of the EIFS shall be a neutral and/or earth tone. 4. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 5. All exterior lighting(as identified on the exhibit entitled "Fairfield Shopping Center—Storage Photometrics Plan," dated 01/04/2022 and prepared by MSA, P.C.)shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 7. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 8. There shall be no exterior(outside) storage of motorized vehicles on the property. 9. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements,that site area shall be provided through a reduction in mini- warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 10. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the suburban area of the City. In the suburban area,the Comprehensive Plan seeks to establish and sustain the City's neighborhoods as "Great Neighborhoods." Complementary non-residential uses help support stable and sustainable neighborhoods. Site and building design standards expected in the suburban area included in the Comprehensive Plan's Reference Handbook of Special Area Development Guidelines for Suburban Area further guide this type of desired development. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known above-or below-ground cultural resources that will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 35,800 ADT1 34,5000 ADT 1(LOS 4"D") Providence Road 20,800 ADT 32,700 ADT Existing Land Use 2—890 ADT Proposed Land Use 3—173 ADT Lord Dunmore Road 3,620 ADT 9,900 ADT 'Average Daily Trips 2 as defined by a 1.62 ac B-2 3as defined by a 114,000 square 4 LOS=Level of Service zoning foot Mini-Storage building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Kempsville Road in the vicinity of this application is classified as a minor urban arterial. There are currently no CIP projects scheduled for this section of Kempsville Road. Providence Road in the vicinity of this application is classified as a minor urban arterial. There are currently no CIP projects scheduled for this section of Providence Road. Lord Dunmore Drive in the vicinity of this application is a four lane divided roadway that transitions to a two lane local residential street just north of this development. NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 5 Public Utility Impacts Water There is an existing eight-inch City water main along Lord Dunmore Drive, as well as an existing eight-inch City water main encroaching into the property within a 15-foot wide Public Utility Easement. Sewer There is an existing 12-inch City sanitary sewer gravity main along Lord Dunmore Drive, as well as an existing eight-inch City sanitary sewer gravity main encroaching into the property within a 15-foot wide Public Utility Easement. The building must connect to both City water and the public sewer system. The sewer connection must be done with an individual and exclusive sewer lateral. Concerns related to encroachment into the Public Utility easements are noted above. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Fairfield Civic League on January 6, 2022 to discuss the details of the request. According to the applicant,the current president and the past president of the association were in attendance and expressed general support and interest in this project and other by-right plans the applicant has to update the Fairfield Shopping Center. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 23, 2022 and January 30, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 24, 2022. • 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 February 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 27, 2022 and March 6, 2022. • 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 February 28, 2022 • 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 March 11, 2022. NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 6 1 O -a O O O_ r1 POLL WOWED KEYPAD AT ORNEA 9DE se- MOM ♦ --_. n ire lilt F.T.7 . , , .... it i - OADING AREA - - - d.. ' 1:1 , I' 1 °�y VI rD iI .,: ,.. c cu t ww.s'STEEL rum POGO r r 3 f 1 MOWED CATES WON VENEER 7.- ,, . .. ., ,. 1 1 ON BIJIdMG .�� .i _ I r OVIIOIW:Mk PORTS AT r O.C. CU L,r, /- , He,(:+VACAT rear fj ',," 1 vs,Ntl,cop p�I 1 - i RELOCATE SMPM 5£0.01-�'��` " f Y1c U i { y i y -iIT I ' R10SED3—STORY ,, , �amp I, I I ' iN ' i— .. BUILDING I i. , . 1 \ II, \ i I 1\ , irt , , 1 ,,I H 0 5 0 0 1‘ ' ' Pi'OW WI+• I i I(114465SF) , ; • ;T-- • J L �... _c �A� j. !_ll —t— _ _ I 55' SETBACK; i I i I_ ENTRANT------I-- 4EIN TRANCE • rt'i & EVtfSEREENSPACE' -�J_—EXIT & EXIT --- ' ' ' — — _ . . � +.� "" •_ —167' FROM T1 NEAREST RESIDENCE LORD DUNMORE DRIVE Ty Oa Q O- Q) CU n r- V N f -10 -t 0 0 In fD CL 3 Q fD ..002401a ODA ARCS- N1 2010 eouth tr, charlotte. 704.3: 'p'�{ww www.oti• P -f K }I .. . _ _ . t '1/2..".13L FAIRI w''1,?+' ,t, r y lORD DUN NINON (1M .v 02 VIEW FROM PROVIDENCE ROAD/SOUTH _.._... -._.. rry ZONINC 718 PEW l Iii �.. . 1....4.. _ ; -,.4� Tir. r DESIGN �� f I t- I 'N , ""°' ,r RENDERI RZ-0 01 VIEW FROM SOUTHWEST/LORD DUNMORE DRIVE Q a) v a rr n fD B rr- 00 N n -v 0 0 VI 0 I m ) A fp M. 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F0z ? 1!! :a• `� pi Y t'f i' ifi tt' ' .I 1�' ,� L ---- Ilk- .nl 1.1., �.__- _ maul Z.1..„.. F 11 cm, i I __j_l__...,1,,,,,:,1 ljj.. Gtroi ^- - J'11 (N d I,l DT'(91 d Ti PN airn,�, ��, Y1?i am.L (IYIFW YIC■91&arr.C,oDJD1 usr; w �i99 1V2 4 M allay ur sr' >T s91 r>o$v 1-99Oas JIlS OU/YJ r........- A1011CJ auAM NMP-C4 Fairfield S/C, LLC • Agenda Item 2 Page 10 Site Photos 11111Mil, • _ EIS 111111111INW — j,_ '77= _ - -- _ - ._ __ • .- •• :=.0.1141114iliaiffialligiLL !•:- Fit •-.• EN C.F. I :kit d I -11 _ - _ • - k _ ;710"---4111116 gik* _ NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 11 Site Photos 44. 747.0, L:7S4. • • ' 1610,1 • — _ • • } o NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement csry.r iircro,,8,•1.0 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 NMP-C4 Fairfield S/C,LLC Does the applicant have a representative? •Yes ❑No • If yes,list the name of the representative. RJ Nutter-Troutman Pepper 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) C4 Fairfield S/C,LLC,CSE Fairfield S/C,LLC,New Market-Fairfield,LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) New Market Properties,Preferred Apartment Communities,Crosland Southeast '"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. 1l NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 13 Disclosure Statement Disclosure Statement \fi3 Planning&Comm '1 Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes II 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 service. BB&T 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 ❑ No • If yes,identify the firm and individual providing the service. Doug Will for MSA,P.C./Tim Moore for ODA Architecture 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 NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 14 Disclosure Statement Disclosure Statement `1`ef`"'azioBari, 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 0 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent'n connection with the subject of the application or any business operating or to be operated on the property?Cl Yes I 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. Ill Nutter-Troutman Pepper 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. 61121777r2.-,y— Applicant Signature Timothy B.Sittema,Manager Print Name and Title 11-29-21 Date Is the applicant also the owner of the subject property? i Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications �f El No changes as of Date 12/25/2022 Sip'ature / - Print Name Eli .:r eth Nowak Revised 11.09.2020 3 1 P a g E NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 15 Disclosure Statement NMP-C4 Fairfield S/C, LLC Members New Market- Fairfield, LLC C4 Fairfield S/C, LLC CSE Fairfield S/C., LLC. (sponsor) New Market- Fairfield, LLC Members SE Grocery, LLC (manager) Sunbelt Retail, LLC.(sole member of SE Grocery) New Market Properties, LLC (sole member of Sunbelt Retail) Preferred Apartment Communities Operating Partnerhship LP (sole member of New Market Properties) `Preferred Apartment Communities is a publically traded company(NYSE: APTS) C4 Fairfield S/C, LLC Members Peter Pappas Timothy Sittema Paul Baalman Mike Wiggins Dana Dubose Tom Sittema John Eliot CSE Fairfield, LLC CSE Fairfield S/C, LLC Members C4 Holdings II (Peter Pappas,Tim Sittema,Austin Williams, Barry James) Tanglewood Investments, LLC (Peter Pappas) Villicum, LLC (Tim Sittema) Robert W. Speir C4 BP, LLC (Tim Sittema and Peter Pappas are managers) Christopher Taft C4 Partners, LLC (Peter Pappas, Tim Sittema,Austin Williams, Barry James) C4 Holdings (Peter Pappas, Tim Sittema, Austin Williams, Barry James) NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NMP-C4 Fairfield S/C, LLC Agenda Item 2 Page 17 Virginia Beach Planning Commission February 9, 2022 Public Meeting Agenda Item #2 NMP-C4 Fairfield Shopping Center, LLC [Applicant & Property Owner] Conditional Use Permit (Mini-Warehouse) 5312 Fairfield Shopping Center RECOMMENDED FOR APPROVAL-HEARD Madam Clerk: Yes, sir Mr. Chair. Our first agenda item is agenda item number two, NMP-C4 Fairfield Shopping Center, LLC, an application fora Conditional Use Permit (mini-warehouse) on property located at 5312 Fairfield Shopping Center in District 3, formerly the Kempsville District. RJ N utter: Thank you, Pam. Mr.Chairman, members of the Commission, thank you. My name is RJ Nutter I represent the applicant. Let me tell you a little about this before we get going on the specific application. This is part of the Fairfield Shopping Center, and which has gone under new ownership and has gone under a number of large changes at the shopping center. It had fallen on bad times, quite frankly, a number of years ago as the previous owners had refinanced just prior around 2008. And frankly,what happened with the downturn at that time, they had taken all the money out and the shopping center was in somewhat of a distressed situation. It was taken back and purchased by my client a few years ago. Since that time, they have been repairing, putting on new roofs, putting in new sidewalks, we're getting new signage applications for the properties, and also looking at major changes at the center. RJ Nutter: All of the time this is going on, the retail industry has gone through quite a bit of a shock as we all know.And so, the amount of retail that's actually occurring at this shopping center will be reduced, in addition to what's going on with this application. So, one of you asked, I think was David, you asked if one of the buildings would be torn down. No, I think Mr.Wall, it was you. And one of the buildings you pointed out is being torn down and replaced with some two or three out parcels in the front, instead of the long line. Now I turned to this application, which want to begin by thanking Elizabeth and who actually did a terrific job working with us, answering every question that you could possibly think of at a shopping center application. One of the things they're doing is they're relocating where the retail is located. RJ Nutter: Much of the retail is located along all three major roadways, Lord Dunmore, Providence and Kempsville Road. What they're doing here on Lord Dunmore,which is largely a residential 1 street, is taking away about 20,000 square foot of retail and putting in place a use that has a very low impact on areas around it. And namely as self-contained self-storage facility. So, the net effect is we lose about 20,000 square foot of retail and put in a low intensity use like this. As your staff report indicates, even with the high numbers of assumed traffic we have and I don't know if you looked at that number, Mr.Graham, but I would tell you that even if it's 173 trips a day, which I've never seen in a self-storage facility,that's still a reduction by 80% of the normal traffic that would go to this side of the property. RJ Nutter: So, it's a significant reduction in the traffic, significant reduction amount of activity that would occur on this property in lieu of the large number of retail spaces that it's replacing. Now, we started meeting with the current president of civic league and the previous president of civic league way at the beginning of this before signs got posted to look at the location of this, talk about issues and so forth, and also to brief them on the overall changes that were occurring at the shopping center, which are of great concern and interest to them. Let me go to the elevations, if I could for a second and show you the building, because the building everybody agrees is quite striking. It's very attractive. It's very contemporary looking. And among the issues we pointed out to them was that the bulk of the building, except for right here, is at about 35 feet in height, which is the normal height requirement for residential. RJ Nutter: As you know,this property zone B2, we're separated by a major street from any residential. So there is no height restriction in this district whatsoever. But nonetheless, we try to keep it around 35 feet, right along here and here and here. And the corner piece is higher just as an accent piece so it adds attractiveness to the center. This is an occupied building in large measure except for the office area so there's no one looking down on anybody here. It's a strictly self- storage facility entirely. Now, one of the concerns raised was, well, look, what about, some people in the neighborhood were concerned about height, even though there's no height restriction. So, they said, perhaps if you can soften this area with additional landscaping. Pardon me. One of the things we were doing was eliminating an access way here and putting in landscaping. With the revised plan I submitted this morning, we're taking out a total of, I think it's eight other parking spaces here. RJ Nutter: So, they have about 110 feet of landscape feature across the front of the building. Very unique and I think perfect for this area because Lord Dunmore is largely back here a residential street. And so I think it will be a nice softening for that area. Another concern,they had was, had to do with the signage, and we had a large sign, a lighted sign that was here facing Lord Dunmore. And there was concern that that bright light might still affect residents across the street. So we agreed that we'll not put a lighted sign here. We'd move the lighted sign here facing...This actually faces Providence Road. It's a bit of a distance, but it's still you'll be able to see it from Providence Road. So that's where the lighted sign will be. And any signage on this side will be unlighted to avoid any problem with the residents across the street. 2 RJ Nutter: And by the way,we're set back 55 feet and Lord Dunmore is an 80 foot right away. So we're about 135 feet from the closest residential property line. The other concern which staff raised, we originally had loading on this side of the building. We agreed to relocate the loading area to the rear of the building so there could be really no visibility to residents on anywhere around it, so letting would take place strictly in the rear of the building at these locations. A concern was to make sure that this was a one way alleyway, and this is a bit of a difference between us and the civic league president at this point, we have traffic coming in here, truck traffic that is coming at this location, partially because this access way serves a number of other users so trucks come in and out of this facility all the time, because there's loading back here to the other buildings along the center. RJ Nutter: So, we proposed our trucks for the loading into the building would come in here. There'd be a one-way alley here. We put in a sign here indicating that, caution when you're coming out. And second, we put in a speed bump here so to prevent people from just rolling right out of there to run any safety problems and they would exit here. Now,otherwise people coming just to, for in residential vehicle or a typical normal vehicle, can park and enter anyway they wish to,just like part of the center. But we agreed to that. We agreed to the warning that's here. We agreed to relocating the sign here, to immediately rate some of the concerns being raised. So, we've tried to address those concerns for everyone, but otherwise we think it's a great use. It's a reduction in terms of traffic, a reduction in terms of activity on this side of the center, while we relocate the new commercial properties over on Independence and Providence roads. RJ Nutter: But I'm happy to answer any questions you might have. I think I've hit all the new conditions we've agreed to. The ones that Elizabeth passed out are acceptable. So, I want to make sure we've captured everything in this process for you. I want to thank by the way Dr. Rippard, she's done a really good job representing her civic league. She had to field a lot of emails, I expect. There are 700 homes in Fairfield. And so a lot of questions, a lot of concerns so would actually research them in terms of there was concern about crime. She said she checked with the police department, no evidence of crime,these facilities, and so forth. So I think she has done a really good job. So, anyway, I know she's going to speak at some point here today, so I'll let her speak for herself, but I'm happy to answer any questions any commission members might have. Jack Wall: Okay.Are any questions? Nope. Okay. RJ Nutter: Thank you, Mr.Wall. Jack Wall: 3 All right. Thank you. Are there any speakers signed up? Madam Clerk: Yes, sir. Mr.Chairman, we have two speakers. First will be Kelly Rippard followed by Paul Rakowski. Kelly Rippard: Hello. Jack Wall: Hello, please state your name for the record. Kelly Rippard: Well, my name is Dr. Kelly Rippard and I'm the president of the Fairfield Neighborhood Civic League. Jack Wall: Okay. Kelly Rippard: Okay. So, I just want to a follow up on what Mr. Nutter said. And we have been working with them on this project and this proposal. We've met in person, on Zoom. We were even emailing at six o'clock last night after dinner and I, as the neighborhood representative, have spread the information in the proposal, out to the civic league, over 700 homes via email and social media, word of mouth, as best as I can, so that neighbors are aware and that they can share any concerns and point out any things that we haven't considered in this proposal. Kelly S. Rippard: So, today I'm going to present, really, both sides. The majority of the neighbors are in favor of the facility, but they have concerns and would like the council to consider some of the wording in the proposal. The people who are 100% against the facility, note that nobody wants an internal air temperature-controlled storage facility near their neighborhood. It doesn't add anything to the neighborhood. It's not a place for community. It's not a residence... it's not a restaurant, I mean. It's not a place we can shop at. It doesn't add anything to the community. Kelly S. Rippard: Another thing to consider is that the shopping center for over 30 years has been one story. And there's a house that's less than 200 feet, that looks at this one story currently, shopping center. 4 And building a three story, taller than the entire shopping center, seems to be an eyesore and might lower property values. And that is a concern because there's about 30 homes at the front of the neighborhood who would be driving past this and be able to see it from part of their house. Kelly S. Rippard: A third thing that neighbors who are opposed have mentioned, is the traffic.So, Lord Dunmore Drive has long been a cut-through. And we've worked with the city to help reduce the cut- through traffic.That's including adding speed bumps, stop signs. Recently,they narrowed Lord Dunmore Road by putting double yellow lines and permanent parking spots. No through traffic, or no through truck signs, excuse me. And also adding a break in the median on Lord Dunmore Drive.Trucks coming in and out from behind the shopping center, now cannot go left.There's a break in the shopping center median. And they can turn, excuse me, they can't go right. They can go left, back out toward Providence Road so that we don't have big trucks coming down through our neighborhood anymore. Kelly S. Rippard: These are all valid concerns. And the people who are more supportive of this proposal and have sent me, "This looks a lot better than what I anticipated," because it is a very pretty, kind of looks like an office building. Doesn't look like a three-story brick wall like you would think. They have kind of three concerns that they liked the commission and the planners to really address. Kelly S. Rippard: The first thing being, in the proposal it states that there'll be no long term overnight motorized parking. We learned with the current Fairfield storage facility located behind this facility,that people would still park pods and things that are non-motorized in the parking spots. And so, neighbors feel like part of this proposal should strictly say, that should be revised to say that there is no long-term parking at all, of anything. Most long-term outside storage. Kelly S. Rippard: This seems fair considering that the parking spots are less than 150 feet from someone's front door. And we wouldn't want RVs and things parked in front of your house in a normal situation. The second thing, and this is the one thing we do disagree on, is the flow of traffic inside and outside of the storage facility. Right now, like I said, we have the big trucks coming out from behind the shopping center. They cannot make a right. They go left on Lord Dunmore.And we feel that all traffic flowing in here into the loading zone should flow in through the front of the shopping center and out through the back,just like the trucks are now. A stop sign should be added. And then they will not go right down Lord Dunmore Drive.They can make the left because there's the break in the median. It clearly says no trucks.And it clearly says no right- hand turn. Kelly S. Rippard: 5 I feel strongly that this should be done because of safety.The building next to this proposal is D- BAT, which is a baseball indoor batting cage area. They run camps in the summer, all the breaks. Large groups of kids are here and walking. Currently, it's a parking lot where they're parking. They don't have to cross streets and deal with trucks to get into the front of D-BAT's. But once this is built, it will push parking out across the street. Kelly S. Rippard: So, people coming out, if they come out the front of the shopping center or the truck, are going to have two walls up here. And as they pull forward,they're going to have to nose pretty far out before they can look and see any children. And we worry that it's an accident waiting to happen. We could eliminate this by requesting they come in through the front,where they can clearly see where people are walking, and exit out the back where the rest of the trucks are exiting. Kelly S. Rippard: The last point here is, since we're pushing all pedestrians into the parking lot across the street, we would ask that they put better crosswalks that are clearly marked for everybody,driving and walking. And that the current speed bumps that are there in front of D-BAT's would need to be altered, and made larger, maybe the more speed table kind to help the trucks coming in and out slow down. Because it's not usual that trucks would be in front. But now they will be. Kelly S. Rippard: And as a civic league, we generally really like what has been proposed. And we've enjoyed working with the planners and coming up with something that would work.We think it's visually appealing. And it would be more quiet than restaurants, and not add to the continuing failing commercial industry. And no one wants to look at an empty,dilapidated shopping center. Kelly S. Rippard: So, we feel because of those reasons that it's acceptable, but would like them to consider no outside storage at all, flow into the shopping center in a normal way and out like the other trucks do, and the safety of all of the children and walkers that will be, now, crossing over to enter into D-BATs. Thank you. Mr.Wall: Are there any questions for the speaker? Question? David Weiner: Well, before you go, I will ask staff a question because I've had some phone calls about... Kelly S. Rippard: I'm sure you have. 6 David Weiner: Outside people parking overnight and containers, and that cannot be done with this conditional use permit because it's an inside storage facility. Isn't that correct?That's not part of this conditional use permit? Mr.Tajan: That is correct.They're not requesting a bulk storage. That would be considered a bulk storage yard and would require an additional conditional use permit. They're not getting that. Kelly S. Rippard: Good thank you. David Weiner: I just want to point that out, that's not going to be able to happen. But the other things we'll talk with the representative. See what he has to say. Okay. Kelly S. Rippard: Thank you so much. Mr.Wall: Okay.Are there any other questions for the speaker? Okay.Thank you. Thank you so much. Madam Clerk: Paul Rakowski. Paul Rakowski: Afternoon members of the planning board. Our civic league president just cut my presentation probably in half but I- Mr.Wall: Could you state your name for the- Paul Rakowski: Yes. I'm sorry, Paul Rakowski. I am a resident of Fairfield. I've lived there over 35 years. actually live in the houses right across the street from the shopping center. So as a resident, think I have a better view and background on what the traffic load is there. I am a professional engineer in Virginia. I'm representing myself.As the civic league president has mentioned, the key issue to me is the safety of traffic flow.And I believe, and I'm very grateful for the developer 7 for working with the civic league. It's highly unusual developer and the property owner should be commended for that. It's the flow of traffic in and loading area, as civic league president mentioned, east side of the building. It's right adjacent slammed against D-BAT and you heard a civic league president tell you about the amount of children and other people that use D-BAT and also even from the neighborhood that walk across to try to get into the shopping center from the Fairfield neighborhood. Paul Rakowski: I believe the proposal that that Kelly Rippard presented to you is exactly spot on. I can tell you that even today, semi-trucks still use the main entrance on that side of Lord Dunmore to get to the shopping center. It's much more convenient. Most people use that and I guarantee you, anyone using a storage facility is going to use that main entrance. So that means they're going to come in along the north, excuse me, the south side of the building, which is the main entrance to the shopping center off for Lord Dunmore. Paul Rakowski: I fully agree as an engineer, the best thing would be is to make it one way and that they go in through D-BAT to the north and exit out the south. It's a 50-foot wide area behind this proposed north area of the building that exits onto Lord Dunmore with the lefthand turn. And that would drive the traffic back up Lord Dunmore and away from the Fairfield shopping center. In consideration, I appreciate that you would look into this with a developer before approving or constructing this facility once again. I want to thank you for your time today. Your patience, listening to me, and I just cut this thing at least than half, but thank you so much.Any questions? Mr.Wall: Are there any questions for the speaker? Thank you. Okay. Paul Rakowski: Thank you. Thank you very much. Madam Clerk: No more speakers. Mr.Wall: Okay.Thank you. The applicant, would you like to come up and speak? RJ Nutter: Thank you very much.And I want to thank the speakers for coming. As I indicated, they live there, they respect their neighborhood and so do we. Couple things if I could. I do think we think this project brings some use useful life to the neighborhood. By that I mean, a lot of people who 8 live close to self-storage facilities use self-storage facilities. Businesses within this center will likely use these self-storage facilities so we think it adds the benefit. But to her particular questions about no outdoor storage, no long-term storage of vehicles out there, that's fine. think your staff's already addressed it anyway. I think it's number eight in the conditions, but we don't have trucks out there. Don't want trucks out there. RJ Nutter: The speed bump issue, we're happy to take a look at. I mean, that's kind of a long-term issue doesn't really affect the application per se. But we're happy to sit down with civic league, take a look at that. The one-way issue is a perplexing. I am not an expert on either which way to go and when I'm loading a truck or for that matter, the safety of the children around it. But I can tell you, we both share the same thing. The applicant doesn't want an unsafe circumstance any more than the neighborhood does. So, what I might suggest, we believe, truck entering this way makes more sense only because that's where trucks enter in today. Ms. Klein: Mr. Nutter, excuse me one second. Jack, if you don't mind, can we switch the view to where it shows the site plan and the streets? RJ Nutter: Before, can I show that this only because I want to show you where the main truck access today is behind the center. But beyond that, Robyn, that's fine. If you want to go back to the other one. There we go. Ms. Klein: Okay.And so, if I'm understanding you correctly,to the left side of the building is the back? RJ Nutter: The back of that center... Ms. Klein: Is right that way. RJ Nutter: Yes ma'am. Ms. Klein: Okay.Thank you. RJ Nutter: 9 That's okay.And we're closing this one off and this one become kind of revamped, nicer, new access way. Existing today, just not as nice as it will be. So, we were trying to keep this for vehicle traffic. So that, quite frankly,we felt like if we put vehicle traffic and truck traffic here, there'd be a conflict between cars coming in and out. In addition, if we come here, they have to turn right, excuse me, left and cross traffic,which can be more dangerous. So, we felt like if trucks come in this way where there's really very little vehicular traffic and more truck traffic go this way and just take a left out with a speed bump here to stop them,we felt like that was a safer approach. And so what we'd like to suggest is this. We'd like to start out with this scenario where it comes in this direction. RJ Nutter: I don't think this should be necessarily a condition of the use permit, to be honest with you but do want to address it. When we start up with this and see if this is causing problems, last thing we want is a safety problem in the center. In which case we can reverse it and go that way. Because, the alley behind, could only address traffic one way or the other. So it's a question of which way you go. But I don't know how to address the issue other than to say that we don't want a safety problem here anymore than they do. We just think this is a safer approach for those people and for other traffic coming in out of the center than if we put the trucks in the main road. There you have it. Yes. I'm sorry Mr. Weiner. Mr.Wall: Go ahead. David Weiner: From what you said, they're coming out the way you're talking about there is going here... RJ Nutter: Come out here. David Weiner: Coming from the back side. When the trucks pull out or the vehicles pull out from the self- storage facility. I don't see what's blocking. I mean,they're going to be right there. The bat cage is going to be next to it. There's nothing blocking them from seeing people coming from the batting cage, correct? RJ Nutter: That's correct. In fact,we put a speed bump here. David Weiner: You put a speed bump there according to your new site plan. 10 RJ Nutter: Yes sir. Ms. Klein: So Dave,there's the shopping center across the street where the Kroger is, has one of these turns. And you have the buildings on either side of you and you have to inch out super slowly because people cross the street. There's cars that are coming in. David Weiner: I'm familiar with it. I know you're talking about. Ms. Klein: Right. So, I feel very conflicted because I absolutely hear the concern of the civic league. agree, it's probably better for traffic flow, in general. But the left turn less safe, but still safer than trying to inch out of that spot. David Weiner: Well, the only reason this is different from what... Well, because there's still sidewalks over there, where you're talking about, between the two buildings. But what Mr. Nutter is talking about, because there's only one way in the back side of the building. When the delivery trucks and Food Lion, everything come out of that building, they can only come out on Lord Dunmore and make a left because that's the way the curbs meant. And, I mean, when he's talking about the new or the entrance and exit going in that way and turning in front of cars there, I think that in my opinion, I think that is going to clog things up more, be a little bit more dangerous. Ms. Klein: But what kind of delivery trucks are we talking about? RJ Nutter: These are only people moving in with U-Haul's. For the most part. David Weiner: It could be a car. Ms. Klein: So it's a car, it's a 20-foot truck. It's not an 18-wheeler, that's coming to offload groceries. RJ Nutter: 11 We just think this is where the trucks come in today. We just think it's a little safer, that's all. It's a difference in opinion of what's the safest between the two. David Weiner: First thing like this... Mr. Redmond I thought you were going to say something. RJ Nutter: I would say that if there's a problem, we'd be, I mean, would revert. We'd talk specifically about it and come back. But that's why I don't want to, necessarily the condition which way we go, so we can address this the future as well. But we would like to start out with coming in this way just because that's where the truck traffic comes in today. David Weiner: Okay.Thank you. RJ Nutter: That's all. Yes sir. Mr.Wall: Let's see. But then there's some other points about... Were you finished? I'm sorry. RJ Nutter: Oh yes. I was. Mr.Wall: The no right turn on Lord Dunmore if I understood that, right. That currently the traffic coming from the business on the back side of the building, they're forced to turn back left towards Providence. RJ Nutter: They have to go right, they have to come out and come this way.Yes, sir. Mr.Wall: That's where everything that's coming out of that. RJ Nutter: And that's an existing condition, Mr.Wall. Mr.Wall: 12 That they're supposed to make a left turn on... RJ Nutter: The, yes, sir. They make a left. And so we'd be coming in making a right. So without crossing traffic. Mr.Wall: Going out, if we maintain pattern that's... To make a left,turn that entrance and exit on the right side. So that's an existing condition in the... RJ Nutter: Yes, sir. That neighborhood did not want truck traffic going through the neighborhood. David Weiner: The city made that. The delivery trucks would not... Mr.Wall: That's for the delivery trucks, right? That's on the backside though. David Weiner: Yeah, but that's out on the road, on Lord Dunmore. That has to do with the city, not the shopping center. Mr.Wall: The trucks. So trucks being U-Haul's would be requested to... David Weiner: Well, they'd have to do the same thing. Mr.Wall: They'd have to do the same thing. David Weiner: Nobody, even a car coming out there, you can't make a right. You can only make a left. Mr.Wall: You can only make a left though. Yeah. Okay. 13 RJ Nutter: So, but I think we addressed all of the ones that she said others were concerned about. But otherwise I had, again, the no outdoor storage, the one-way alley issue and the speed bump issue. Mr.Wall: And the better crosswalks? RJ Nutter: The better crosswalk, the speed bumps, I think. We're going to have to work with the property owners. It's really not part of the application, but we'll be happy to sit down specifically. New owners, new perspectives, so forth. But otherwise, the conditions are acceptable. And I think number eight does address... David Weiner: Your position Kelly, no outdoor storage. Is that right? Is that requested? Mr.Wall: Yeah, go ahead. Kelly S. Rippard: No, I just looked at eight and I just turned the page. It said something about no motorized... Mr.Wall: No motorized storage vehicles. Kelly S. Rippard: Outside storage of motorized vehicles. But it doesn't say anything about container things. David Weiner: If you want to put trucks- Mr.Wall: I'm sorry, I don't mean to interrupt, but I think that just by ordinance that can't do it. We have- Kelly S. Rippard: I just didn't see it, so... 14 RJ Nutter: That's okay. Mr. Redmond: I should mention that around the city. I'm noticing that maybe one of the most violated things I see walk into all kinds of environments and there's just two big containers sitting at the edge of a shopping center, thinking to myself.Well, there's certainly no permit for this thing and that's not casting any aspersions on this. RJ Nutter: No, no. I understand. David Weiner: Or your application. We just need to keep a better eye on that sort of thing. We tend not to enforce a lot around here sometimes. Sorry. RJ Nutter: Yeah. Mr.Wall: Good. Thank you. RJ Nutter: Yeah, no objection to those, at all. Mr.Wall: Okay. RJ Nutter: Yes, sir. Thank you. Mr.Wall: Thank you. RJ Nutter: Thank you for your help. Mr.Wall: 15 Okay.We're going to close it for questions and open it up to the Planning Commission to make a motion or to carry on discussion. Mr. Redmond: I didn't want to wait till we got to discussion before discussing, Mr. Nutter finishes his work. No, you're good. See, with regard to the issues that we raised. Look loading and unloading there, isn't a perfect way. I mean, there just, isn't a perfect way to do that. And I think we're really kind of down to real fine distinctions in this. I accept, I think what they have to say here. I understand these folk's concern, but I think it's adequately addressed in the application. And I completely accept what Mr. Nutter says, if there were a problem with safety or with circulation or with conflicts with other tenants or other tenants' patrons, they're going to be the first ones to want to try and fix it because it would seriously impact the viability of this new element to the shopping center. With regard to that new element of the shopping center seems to me, it's a huge improvement. Mr. Redmond: I mean, this end of the shopping center is a restaurant well didn't support what was there to begin with. And so, I mean, in lots of instances like this around the city,we ought to be looking for high quality redevelopment opportunities that add value. And this appears to me to be a hig- quality redevelopment opportunity that adds value and done in a particularly attractive manner. It sounds like with a fair amount of care. So I do think it's an entirely appropriate application again, with regard to the loading. I mean, I accept what's been presented. I could sit down and draw one up. I don't know there would be any better or worse or any of us could. So I do think this is a fine application and I'll support it. Thank you. Mr.Wall: Okay. Ms. Klein. Ms. Klein: So I'm a little less optimistic in terms of what will happen after the applications move forward. don't see and please correct me staff.There's nothing in the conditions about the direction of traffic, is that correct?Yes. Okay.So in theory, if I'm using the storage unit, I could use the first entrance to go and in, but the alleyway itself would be one way. So, essentially, I would not be able to go into the loading area that way. I'd have to pull into the main entrance and then make a left and go around the back of the building. David Weiner: Correct?That's correct. Ms. Klein: Okay. Is the loading area wide enough so that it doesn't have to be one way? 16 Ms. Oliver: No. Ms. Klein: It's too narrow. Ms. Oliver: That's what Mr. Nutter said. David Weiner: No, it's singular vehicle. RJ Nutter: They ask that it'd be one way to avoid traffic.They didn't want too much traffic. Ms. Klein: To avoid traffic down that way. RJ Nutter: Based on the dimensions shown on here, the loading here. With the loading area being cut out and drive aisle that's left. It is only enough wide enough for one way. Ms. Klein: Okay.Yeah. I don't know that it's reason to deny the application, but I take issue with the safety concern of going between the buildings, absolutely. Mr.Wall: You mean in the direction that it's... Ms. Klein: In the current flow. Mr.Wall: Interference path with the baseball or with the batting cages. Ms. Klein: 17 Right. Yeah. I mean, I don't like it on regular shopping centers, but the fact that there is such a high volume of kids there who don't know that they're not supposed to run in the street, even when they do,just the crossing. I hate getting stuck between them because you have to inch out whether it be a grown up or a child and inevitably someone still gets surprised to see you there. Mr.Wall: Mr.Weiner. David Weiner: I think Mr. Redmond hit it on the head. Well, there's really no way of determining right now until it gets built. I think the owner's going to be on top of things and going to be, if there's a safety issue, I think they're going to jump on right away. They're spending a lot of money on this shopping center redoing this, and they're not just building on this side. They're building on Kern psville roadside also. They're building new shops over there too. So they're spending a ton of money on this. I'm inclined to support it the way it is. Just sitting here, looking at it. I used to take my daughter to the batting cage when she played softball. There's a lot more, there's older kids in there at that place than younger at the softball, baseball thing. I don't think anybody's going to run out in the street, my opinion. And again, you can have accidents anywhere you go. You can't get out of that. So I'm going to support it the way it is, I like it the way it is. Ms. Klein: Mr.Tajan, if the application gets approved as written and there ends up being an issue that the community notices, is that something that they would contact the planning office for? Mr.Tajan: When you say issue, what do you mean? Ms. Klein: So let's say that the application is approved as written and six months from now, the residents notice that there's an increase of near misses coming out of that alleyway. Mr.Tajan: So this is internal to the shopping center. It's not a direct impact city infrastructure that where we would be able to influence that outcome. So right now the layout shows is wide enough for one way. It does not say which way the one way is going right now. So it could be in the discussions through the site plan review process that they decide which direction that they're going to go in. However,that being said, as noted, it would be in the best interest of the property owner to assure that his tenants and their clients are safe when they attend the location. Ms. Klein: Okay. But if,for whatever reason, something about it, doesn't work. It's an internal issue. 18 Mr.Tajan: That is correct. Ms. Klein: With the property owner. Okay. David Weiner: This client will tell you one thing, you probably have one of the strongest civic leagues in the city and they are going to be on top of it. Then I'm sure they'll communicate with the owner of the shopping center, if there's a problem. They do now so I'm sure they will then. Ms. Klein: And I commend the applicant for working with, I mean, again, we don't see a lot of that. Mr.Wall: Anybody else? David Weiner: If not, I'd like to make a motion to approve with a couple of changes in the conditions. Condition number three, with the exception of no illuminated building sign shall be permitted on the west elevation of the structure and the front additional green space is up to 110 linear feet. Is that correct way to do that? Ms. Oliver: Would you mind repeating that? I'm sorry. David Weiner: Okay. No problem. The first condition, condition number three, which that was given to us within an addition that says with the exception of no illuminated building sign shall be permitted on the west elevation of the structure. And under the landscaping, under number two, to add the front green space to be up to 110 linear feet long, instead of the shorter one. I don't have a linear footage of the first one. Mr.Tajan: I would probably recommend saying 110 linear feet long as denoted on the conceptual plan. David Weiner: Okay. 110 linear feet long it's noted on the conceptual plan. 19 Mr.Wall: Okay. I have a motion for approval with a modified condition, number two for 110 linear feet as denoted on the modified site plan. Ms. Oliver: Second. Mr.Wall: And I have a second. Okay. I have a motion by Mr. Weiner with a modified- David Weiner: Mr. Redmond Mr.Wall: Oh, sorry. Mr. Redmond: All right, thank you. You're doing your job. I should note, I am an independent contractor with a real estate company.Another independent contractor with my real estate company is a leasing agent for this property. I don't have anything to do with it. I haven't been there in years and don't receive even remuneration or anything of that sort. So I'm part of that class of folks. Nonetheless, I make that disclosure. I do not yet have a letter on file,but will, with the city's attorney's office, because it just occurred to me this morning. Thank you. Mr.Wall: Okay.Thank you. All right. Anything else? Any other abstentions? Right. I have a motion of approval by Mr.Weiner and a second by Ms.Oliver with admitted condition number two, 110 linear feet to estimate on the admitted site plan. And then number three, with the exception that no illuminated building signs shall be permitted on the west elevation of the structure. Madam Clerk: Was that an extension by Mr.Weiner or disclosure? Mr. Redmond: That was a disclosure. Mr.Wall: Disclosure. Okay. 20 Madam Clerk: Vote is open. Mr.Wall: Okay. Madam Clerk: By recorded vote of 11 in favor,zero against agenda item number two has been recommended for approval with modifications to conditions two and three. Mr.Wall: Okay.Thank you. Madam clerk. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Graham AYE Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the concept plan entitled "Fairfield Shopping Center—Storage Site Exhibit", dated 11/22/2021, and prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to issuance of a Certificate of Occupancy and shall be developed in substantial conformance with the landscape plan entitled "Fairfield Shopping Center Landscaping Plan", dated 01/03/2022, ad prepared by Painted Fern Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the submitted elevations entitled "Exterior Rendering," dated 09/08/2021, and prepared by DDA Architecture, with the exception that no illuminated building sign shall be permitted on the west elevation of the structure. Said which has been exhibited to the 21 Virginia Beach City Council and is on file in the Department of Planning and Community Development. The color of the EIFS shall be a neutral and/or earth tone. 4. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property.All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5. All exterior lighting (as identified on the exhibit entitled "Fairfield Shopping Center — Storage Photometrics Plan," dated 01/04/2022 and prepared by MSA, P.C.) shall be low intensity and residential in character. All other exterior lighting on the property shall also be building mounted or ground level lighting which is not directly visible from the (main road)/According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 7. The storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 8. There shall be no exterior (outside) storage of motorized vehicles on the property. 9. Should any additional site area be required during final site plan review to accommodate stormwater management facilities and/or other standard code requirements, that site area shall be provided through a reduction in mini-warehouse building area, and not through the elimination of depicted office components of any buildings constructed on site, or through the reduction of setbacks or landscaped open space. 10. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the sliding gate surrounding the loading zone. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of 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. 22 P1 ,(957171________ _ �, B2 B'2 %. 4 44 / -1 r' ST B2 ot,, 11 e` 4;V4, 01 N ,°4 /\ NN, N 'N ,N _—N-N,, -_& r A Site w ' , F.Danielle Good & Cynthia Schott '4_ . Property Polygons 522 S Independence Boulevard S Zoning Building - i Feet 0 30 60 120 180 240 300 360 4' 'y rc° '�,� 5', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANIELLE GOOD & CYNTHIA SCHOTT [Applicants] BYLER LAKES, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 522 South Independence Boulevard (GPIN 1476781796). COUNCIL DISTRICT 3, formerly Rose Hall MEETING DATE: March 15, 2022 • Background: The applicants are requesting a Conditional Use Permit to operate a Tattoo Parlor in conjunction with a Vocational School that trains students in cosmetic tattooing known as microblading. The applicants currently operate a tattoo school at 3824 Virginia Beach Boulevard and are moving to this location on Independence Boulevard. The relocated school will occupy an 872 square-foot unit in an existing two-story office building. Classes are planned to be held during weekdays and microblading services will be available outside of scheduled class hours. As the Vocational School is below the 7,500 square foot threshold, no Conditional Use Permit is required. Exterior changes to the building are limited to a sign plate added to the directory sign. • Considerations: The Planning Commission deemed the proposed use as acceptable given its compatibility with the adjacent land uses within the office complex on South Independence Boulevard. The business, which operates primarily as a Vocational School, will add to the blend of personal services and training opportunities for residents of Virginia Beach. 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 February 9, 2022, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11 to 0, to recommend approval of this request. 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. Danielle Good & Cynthia Schott Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other tattooing shall be permitted. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /11 Applicants Danielle Good & Cynthia Schott Property Owner Byler Lakes, LLC Agenda Item Planning Commission Public Hearing February 9, 2022 Cilyof City Council District District 3,formerly Rose Hall 3 Virginia Beach Request Conditional Use Permit(Tattoo Parlor) Nv,i , Staff Recommendation 8ouflBOi/evsd 264 Approval Staff Planner ,, Elizabeth Nowak 4 Location It.' III 522 South Independence Boulevard, Suite 105 GPIN 1476781796 -Ns` Site Size ; ,c, . \ or 1.23 acres (872 square foot suite) 4. ¢ ,� AICUZ °p d ii. 2 ) Less than 65 dB DNL h A `J Watershed �! / ry� Chesapeake Bay Existing Land Use and Zoning District Office park/ B-2 Community Business Surrounding Land Uses and Zoning Districts North - _ - Mount Trashmore Park 4 , . . •":•!; e-..�; .: _ /P-1 Preservation -, a Ralig--A. South • 7r a South Independence Boulevard Pad , , .,,,, .4. .1 ' , Office, retail/ B-2 Community Business - 4:,� '•, s ' •', *'—4 ?.#:': t East 'a • '�� 1..,`. ` Corporate park / 1-1 Light Industrial • West 'tv. N , a ' >, .'F'` '. t Office, retail/ B-2 Community Business k' i` -.• , 441ts: ,.. ,..tr. . ' •:.- ' +-K, ,--, . ' ' ' ':- il:-.. *''' '4,4, t•;,VC:. Danielle Good & Cynthia Schott Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading, in an 872 square-foot suite of an existing commercial office building on property zoned B-2 Community Business District.The applicant currently operates this vocational school at 3824 Virginia Beach Boulevard and is seeking to relocate the entire operation to this location. • The applicant intends to operate a vocational school, known as the Advanced Permanent Makeup Institute,that trains students in permanent make-up techniques. Vocational schools are permitted by-right to operate in the B-2 District which do not involve the operation of woodwork shops, machine shops or other similar facilities with a maximum floor area of 7,500 square feet. • The business will have two employees, one permanent cosmetic tattoo artist and one permanent cosmetic tattoo instructor. Classes will have a maximum size of six students. • Classes will be held from 10:00 a.m. until 2:00 p.m. on Mondays,Tuesdays,Thursdays, and Fridays, and from 5:00 p.m. until 9:00 p.m. on Mondays and Wednesdays. • Additionally,the applicant intends to provide a space for licensed graduates of the Advanced Permanent Makeup Institute to provide permanent make-up and microblading services to customers. Such services will occur Monday through Friday between 10:00 a.m. and 5:00 p.m. outside of class hours. • The only proposed exterior changes accompanying this application will be an updated sign plate included on an existing building directory sign. The sign plate will match the existing plate configurations and lettering and will display the business name. • A Traditional Tattoo Parlor(granted 2010) and Body Piercing Establishment(granted 2020),Studio Evolve, is located approximately 171 feet west from the building this applicant wishes to occupy. Prior to August 2021, the Zoning Ordinance prohibited a Tattoo Parlor to be within 600 feet of another such operation. P1 Zoning History �---- # Request 1 CUP(Body Piercing Establishment)Approved 09/16/2020 NNN �! MODC Approved 08/18/2015 CUP(Tattoo Parlor)Approved 05/11/2010 P�,Ce CUP(Vocational School)Approved 05/11/2010 2 MODC Approved 09/24/2013 N ° CRZ(P-1 to I-1)Approved 09/09/1998 2 " 3 CUP(Assisted Living Facility)Approved 08/12/1998 CRZ(B-2 to 0-1)Approved 08/12/1998 4kr(4\ N\--\ .so q< ` Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Danielle Good & Cynthia Schott Agenda Item 3 Page 2 Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for a Tattoo Parlor use is acceptable. The proposed use is compatible with the existing commercial businesses within the office complex at 522 South Independence Boulevard and the adjacent office park. This compatibility with surrounding uses combined with the idea that this use will add to the blend of personal services and training opportunities for residents in this neighborhood and those in close proximity aid in supporting the goals of the Comprehensive Plan, specifically for developing and maintaining "Great Neighborhoods." Other than a small directory sign plate that will be have the same size and style of other sign plates for the office building, no exterior alterations will be made.The ability for one to observe the active use of the suite as a tattoo parlor and vocational school will be de minimis. Prior to operation on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other tattooing shall be permitted. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Danielle Good & Cynthia Schott Agenda Item 3 Page 3 Comprehensive Plan Recommendations The subject property is located in the suburban area of the City.The Comprehensive Plan states that land use compatibility among uses within this area is vital to the stability of the City's neighborhoods.One of the guiding development principles of suburban areas is the creation of "Great Neighborhoods," which depicts a stable and sustainable neighborhood supported by complementary non-residential uses. Enhancement or renewal of existing commercial centers is encouraged by the Comprehensive Plan by means of innovative design, products, or services provided to the neighborhoods where they are located. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site, as it is fully developed with an office park and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Independence 1 , z„ 3 Boulevard 72,600 ADT 70,400 ADT (LOS D ) No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service 3 average daily trips not expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There is a proposed CIP project to improve the intersection of S Independence Boulevard and Edwin Drive that is currently scheduled to begin construction in 2028. Public Utility Impacts The site is currently connected to City water and sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 23, 2022 and January 30, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 24, 2022. • 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 February 3, 2022. City Council Danielle Good & Cynthia Schott Agenda Item 3 Page 4 • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 27, 2022 and March 6,2022. • 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 February 28, 2022 • 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 March 11,2022. Danielle Good&Cynthia Schott Agenda Item 3 Page 5 Proposed Tattoo Operation & Site Layout Ln - Ca- v v m m — = O a O 76 O U C t w -' ! U �- -c -, a 0 O CO -'",T.--, „, a, L. L- __. �ris'�f. O0 — u u o iii a a U OD 04 C ttO RI (0 - - I c0 oc CT ' > y. C Q QJ 76 C U C a! CO -0 a 40 CD N 'O 4A r O c0 C o_ _D a o 0 L L X - 0 ,2 O i i J O O 00 ', / C a C d I' y, N +, O CO Y (0 �O - U (0 U 4J • �, JO -O H I 41‘44450, fi d , a-0.....).1 .,...„..c.....rb,s 7 , i ; El ii,,,,,,'(...) ' 4' 4' -- . ',,,z, 0 Danielle Good & Cynthia Schott Agenda Item 3 Page 6 Proposed Floor Plan J g R c E coo :N' A e 5 � N co �.:n > E. N m c co Do o cc +i � wE r----'---11,1 4, * > a. c. v o M,1 9 it Xbi1 f . M f 1/ xg01 -- lri .,+ba 5.F '-'---- - ----- 4 --I I' o j // x 0l. II t i 'i... U I> 6 a) r /'Gvn1ft = M U :V0I v / w C `P1 ki0 & Iasi) i a" 1:8 4: 'VS z E' c g 8 O. S°' a�.,,,s ,�, d9 sie va hr i 's I. cu , N C Z Zrr CO >- v N z � E N W in J C_ Danielle Good & Cynthia Schott Agenda Item 3 Page 7 Site Photos +yj ' i';+,,*fly r , ;yam,..- .-._ -.._ 41 L jo. - -4.-44AJ 4,, or_ :--1* -r w ' • p= ,, • ►L. z ,, "*r.'� ,- 4 N i£"f II`"' I 41f, 1.f:'-.-,i...w. ,. ' f- ,4-', - ." N AI% '.:',41.-=-10,1rIt, li SR Y `w .!n' . 't 1' ti^ ;-_,.it. ' $1 it r ' 1 = _._.. _y = .--^ rib. 4 K -• $ • ��� „ S- Danielle Good & Cynthia Schott Agenda Item 3 Page 8 Site Photos ..W.. ,..Mate le • - frtieMwt+t'101 +ae.r.re....2r. •- :: eat u:tr- ,20 C:,M.rra.ItN 202 l,M ti Brew W L4o .41 Mrnratry.Inc 1� SNi..• . - t,01 'tp.,►A..a ow • Vie`. r. r ! -.. -, i - -4• , moo - _ .,,. a�-% • „<„, ,......„ 3t•'. 1 ,*... f f , 'r s'!f' 4y • . , ti___-1.1.1.._ ______-r--':---- �i - -- -- c- _,, •,,,•• rI ia Oa '11 1114 �1!!!, • . - Danielle Good & Cynthia Schott Agenda Item 3 Page 9 Disclosure Statement Disclosure Statement City of t'nyimu baud: -- 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 DANIELLE GOOD AND CYNTHIA SCHOTT Does the applicant have a representative? 0 Yes I.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,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 4 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 Danielle Good & Cynthia Schott Agenda Item 3 Page 10 Disclosure Statement Disclosure Statem-n City of►i � 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 pubic 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 service. 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 •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. 21 Danielle Good & Cynthia Schott Agenda Item 3 Page 11 Disclosure Statement Disclosure Statement • Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 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. I l t /7OC/ Ajhcant Signature DANIELLE GOOD,OWNER AND CYNTHIA SCHOTT,DIRECTOR Print Name and Title 11/30/2021 Date Is the applicant also the owner of the subject property? ❑Yes El 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 02/25/2022 signature �� • i / , Print Name li08et Nowa 31 Danielle Good & Cynthia Schott Agenda Item 3 Page 12 Disclosure Statement Disclosure Statement 1113 c ity 1 Pb,in;::Bald: Planning&Community Development Owner Disclosure • Owner Name ;-b , (?-- Applicant Name I Jc-w--‘ \, Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?6'S'es ❑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) , • 1 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 i contingent on the subject public action?❑Yes k 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. 5 ) Danielle Good & Cynthia Schott Agenda Item 3 Page 13 Disclosure Statement Disclosure Statement ('i(y.11 Vim.;Mud; 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 N° • If yes,identtiiffyy'the financial institutions providing the service. r 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Yes Cl No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returnsrn provided in connection with the subject of the 'Te application or any business operating or to be operated on the property?r s ❑ No • If yes,identify the firm and individual providing the service. /\IN 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 �No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes l]d 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 L1"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 l 'No • If yes,identify the firm and individual providing the service. 6I Danielle Good & Cynthia Schott Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement \113 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 Q 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 Print Name and Title / J y ,c Date cvised 11.09.2020 7 Danielle Good & Cynthia Schott Agenda Item 3 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. Danielle Good & Cynthia Schott Agenda Item 3 Page 16 Virginia Beach Planning Commission February 9, 2022 Public Meeting Agenda Item #3 Danielle Good &Cynthia Schott [Applicants] Byler Lakes, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) 522 S. Independence Boulevard RECOMMENDED FOR APPROVAL-CONSENT George Alcaraz: Are we good? All right, Mr. Chair, thank you. So, we now have seven items on consent agenda. These applications are recommended for approval by staff and the planning commission concurred and there are no speakers that have signed up for opposition. First item, item number three, Danielle Good and Cynthia Schott from Bay Lakes, LLC. Please come forward. Afternoon, can you please state your name for the record? Cynthia Schott: Cynthia Schott. George Alcaraz: And do you accept all the conditions? Cynthia Schott: Yes. George Alcaraz: Thank you. You may be seated. Is there any opposition to the item that was just called for item number three? Okay.Who is reading this one? Dee Oliver: Me. George Alcaraz: Oh, Ms. Oliver may you please read this to all of us. Dee Oliver: 1 I will. This is an application requesting a Conditional Use Permit for permanent tattoo parlor, specifically for the application of permanent makeup known as microblading. It will be in an 872 square foot suite of an existing commercial office building on the property zone B2 Community Business District. The applicant intends to operate a vocational school known as Advanced Permanent Makeup Institute and that trains students in permanent makeup techniques. The business will have two employees, one permanent cosmetic tattoo artist and one permanent cosmetic tattoo instructor. The classes will have a maximum size of six students. Classes will be held from 10:00 AM to 2:00 PM on Mondays,Tuesdays, Thursdays and Fridays, and from 5:00 PM until 9:00 PM on Mondays and Wednesdays. The only proposed exterior changes accompanying this application will be an updated sign plate included on the existing building directory sign and the sign plate will match the existing plate configurations and lettering will be display the business name. The staff was good with this application and all the conditions were acceptable to the applicant and therefore we have placed this on the consent agenda. George Alcaraz: Good. Thank you. All right, Mr. Chair, that was the last item on the consent agenda. Planning Commission places the following applications on consent, agenda items 3, 4, 7, 9, 10, 11, and 12. Jack Wall: Okay,thank you. Do I have motion to approve by consent agenda items 3, 4 7, 9, 10, 11, and 12? George Alcaraz: Chairman, I want to make a motion that we approve or consent items number 3, 4, 7, 9, 10, 11 and 12. Don Horsley: Second. Jack Wall: Okay. I have a motion by Mr. Alcaraz and a second by Mr. Horsley. Dave Redmond: Mr. Chairman. Jack Wall: Oh, okay. Is there anyone wishing to abstain from this? Dave Redmond: 2 Mr. Chairman, while I will vote in favor of the consent agenda, I want to be clear that I am specifically abstaining on agenda items number 10, 11, and 12. I have a letter on file with the city attorney's office. I have a client in the travel business which prevents me from voting on either ordinances or on individual short term rental applications. Thank you. Jack Wall: Okay.Thank you. Madam Clerk: Vote is open. By recorded vote of 11 in favor,zero against agenda items 3, 4, 7, and 9 have been recommended for approval by consent. By recorded vote of 10 in favor,zero against with one abstention by Mr. Redmond, agenda items number 10, 11, and 12 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Graham AYE Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional use Permit fora Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other tattooing shall be permitted. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 3 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. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALLIENA WESTLEIGH [Applicant] ALVIN & CYNTHIA ALLIE-WESTLEIGH [Property Owners] Conditional Use Permit (Residential Kennel) for the property located at 4512 Whitechapel Court (GPIN 1478621197). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: March 15, 2022 • Background: The applicant rehabilitates and rescues dogs in need of care. The applicant currently has nine dogs on the property: seven companion dogs and two dogs that are foster animals until a forever home can be found. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit for a Residential Kennel. The applicant was made aware of the need for a Conditional Use Permit when seeking to license the dogs in her care in October 2020. As such, in order to rectify this oversight, the applicant is requesting a Conditional Use Permit for a Residential Kennel for up to 10 dogs on the almost 12,000 square foot lot in the Pembroke Meadows neighborhood. According to the applicant, the process of and length of time to rehabilitate and rehome a dog is dependent upon the dog's progress, but most will spend an average of one year under the applicant's care. During the dog's stay, they begin with slow introductions to other animals followed by group socializing. Fostered dogs then undergo training centered on outings and interactions with humans. Finally, profiles are created to help dogs become adopted. Once an animal is rehomed, the applicant plans to receive a new foster dog within three months and the process restarts. • Considerations: All dogs are kept inside a 1,400 square foot single-family dwelling. Dogs are rotated outside in groups of four for recreation and relief in the fully enclosed backyard between 6:00 a.m. to 11:00 p.m. The applicant currently has a seven- foot-tall chain link fence covered in a black tarp to reduce the dog's visibility of traffic and pedestrians. Recommended Condition 6 requires a six-foot-tall solid privacy fence to replace the existing chain link fence which will improve aesthetics of the site and to ensure reduced visibility on both sides of the fence. Animal Control received multiple complaints and reports from October 2020 to July 2021 concerning rabies exposures, unvaccinated dogs, and barking. In October 2020, the applicant was made aware of the need for the Conditional Use Permit for having more than four dogs on the residential property. The applicant has been Alliena Westleigh Page 2 of 3 non-compliant and is currently attempting to rectify this issue by obtaining a Conditional Use Permit. Upon Animal Control's most recent visit in January 2022, all previous complaints have been resolved and they noted no major concerns. The information provided in the application for the Residential Kennel differed from the information stated by the applicant at the Planning Commission public hearing. Prior to the Planning Commission Hearing, Staff was informed that seven of the applicant's dogs were companion animals and two were foster animals. The applicant informed staff that she intended to establish and operate a Residential Kennel for 10 dogs from her current residence to be called "UnderDawgz Triple R". During the hearing, the applicant stated two of the four foster dogs in her care were dogs she was rehabilitating for "Hope For Life," an existing animal rescue organization, and that the request for a Conditional Use Permit was to permit her to finish rehabilitating the remaining two foster dogs and then to keep her five companion dogs. Staff was unaware that the applicant would not be operating a business inside of her home until her statements shared at the Planning Commission hearing. Two letters and a petition with five signatures in support and four letters of opposition were received by Staff. Two speakers at the Planning Commission public hearing we in attendance and voiced their concerns regarding aggressive dog behavior, safety, and barking. Based on the Planning Commission's concern with the number of dogs requested to be cared for on this residential lot, the Commission modified Condition 1 that places a limitation of 10 dogs on the site requires that once a dog is removed from the property (e.g., rehomed, passes on) it cannot be replaced. The applicant could, of course, continue to have four dogs on the property, as per the Zoning Ordinance. This change by the Planning Commission is indicated below by strikethrough and underlined text in Condition 1. It should also be noted that one of the nay votes was due to the opinion that a recommended change to Condition 1 was too stringent and that the applicant should be permitted to have up to 10 dogs at any time. During the briefing to City Council, concerns were raised regarding the reporting of how many dogs were at the property and how often it would be reviewed. Condition 7 has been added at to ensure that the applicant submits an annual report informing the Zoning Administrator the total number dogs on their property. This ensures that the applicant only has no more than the conditioned number of dogs on the property until they reach four dogs or less, the amount allotted without a Conditional Use Permit. The applicant is aware of this additional condition and is agreeable to these changes. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. • Recommendation: On February 9, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 2. Alliena Westleigh Page 3 of 3 1. There shall be no more than 10 dogs on the property at any time. This Conditional Use Permit shall be limited to a maximum of ten (10) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing chain link fence on the property shall be replaced with a 6-foot-tall solid privacy fence and shall be maintained in good condition for the duration of the Conditional Use Permit for the Residential Kennel. 5. There shall be no breeding of dogs on the site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 7. The applicant shall annually submit a letter to the Zoning Administrator indicating the number of dogs associated with this Conditional Use Permit that are on the property until such time that the number of dogs are four or lower, as permitted by the Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (2) Petition of Support (5 signatures) Letters of Opposition (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department YO City Manager: MO Applicant Alliena Westleigh Property Owners Alvin & Cynthia Allie-Westleigh Agenda Item Planning Commission Public Hearing February 9, 2022 r�iu��i City Council District District 9,formerly Bayside 8 Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation t Psie Approval 0,ie a: va e b \ t0 eta Staff Planner Michaela McKinney N. vb r o Location 411t 101.01111111111*-11,_ 4512 Court °"Whitechapel •e,,bf s p � :- GPIN - 1 1478621197 11.1m Site Size 11,772 square feet , ° 4, ,, AICUZ Less than 65 dB DNL Watershed 7gjssan2d3 Chesapeake Bay Existing Land Use and Zoning District * ‘... ;, -R°ad Single-family dwelling/ R-7.5 Residential -' 'g' ' stm``s- t" Surrounding Land Uses and Zoning Districts ,, �" , ,. ‘.''"'} ,. " t"�%� North ,,, £ •.... - ;. k PembrokeBoulevard nF ► i `Q ', ' 4 en,b,Okeg• o � P Townhomes/A-12 Apartment .--;-,, , l '` -,. 17* South k:' 1 t• .4ek.- ' ,.sw � 1. f� _ ' 6e Whitechapel Court = tomI. yC it,° Office, Single-family dwelling/0-2 Office, R-7.5 i'' G,rt - va34 i'a „.� � � kite � � �;�,�! Residential o _ a,c,yoe t �-F =--,,,„ies51On r ,. ' .1$'f tja- 7: ( •-._ , East 4. Single-family dwelling/ R-7.5 Residential til&' , r, •-, it, ;.,, West �• .,, ,� Whitechapel Drive r. t ok, 1 :1 Q ,,,,. ,,�. _4 �; ,�• �" ' Parking lot, childcare center/ B-2 Community . i ; - . i,‘4Q Business Alliena Westleigh Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant was recently made aware of the need for a Conditional Use Permit when seeking to license her ten dogs. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit for a Residential Kennel. As such, in order to rectify this oversight, the applicant is requesting a Conditional Use Permit for a Residential Kennel for up to ten dogs on the almost 12,000 square foot lot in the Pembroke Meadows neighborhood. • The applicant rehabilitates and rescues dogs in need of care. The applicant currently has nine dogs on the property, seven companion dogs and two dogs that are foster animals that she is caring for until a forever home can be found. According to the applicant,the process of and length of time to rehabilitate and rehome a dog is dependent upon the dog's progress, but most will spend an average of one year under the applicant's care. During the dog's stay, they begin with slow introductions to other animals followed by group socializing. Fostered dogs then undergo training centered on outings and interactions with humans. Finally, profiles are created to help dogs become adopted. Once an animal is rehomed,the applicant will receive a new foster dog within three months and the process restarts. • Dogs are transported on and off site by the applicant in her personal vehicle. No dogs are dropped off to the property, as the process of obtaining the dogs is planned and vetted through the applicant before accepting dogs into her care. • The dogs are kept indoors except for periods of relief and play in the fenced in backyard or daily walks. Dogs get daily walks and allotted outside playtime between the hours of 6:00 a.m.to 11:00 p.m., daily. The applicant's practice of permitting only four dogs outside at any given time and under supervision will continue should this proposal be approved. • No breeding of animals is proposed. There is no outdoor kennel or structure proposed with this request. • All animals are vaccinated, microchipped, and registered, per the applicant. I OiC\ 0 Zoning History r�� eyjc # Request �C� CUP(Fuel Sales)Approved 08/13/1997 t4 PA o�►utc,e �— R c �— 5 3Q • XI , f„ I GI IN olia Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Alliena Westleigh Agenda Item 8 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for a Residential Kennel is acceptable.The proposed residential kennel use is located within the Suburban Area and is an appropriate activity for this area. Section 223 of the Zoning Ordinance requires that kennel structures be within 100 feet of the property line of any adjacent lot, except where animals are kept in soundproof, air-conditioned buildings. There are no outdoor kennels proposed on this site, as all dogs living on the property will be housed inside of the single-family dwelling. According to Animal Control,there have been multiple complaints and reports made for this property, beginning in October of 2020 through July of 2021. Cases included aggressive dog behavior, excessive barking,the poor condition of one of dogs, and two of the dogs being unvaccinated. Per the applicant, the dogs related to these previous violations are no longer living on the property and all violations have been addressed. Animal Control reinspected the site on Friday, January 28, 2022, and concurs that all violations have been addressed and all dogs on the property appear to be healthy and well taken care of. The only violation currently on the property is the number of dogs. Per Section 111 of the Zoning Ordinance, a residence can have no more than four(4) dogs over six (6) months of age on the property at one time. The applicant is seeking this Conditional Use Permit for a Residential Kennel to rectify this issue. The property is located along the heavily travelled Pembroke Boulevard. To the south is an office use and to the west of the property across Whitechapel Drive is a parking lot and childcare center.There is only one residence immediately adjacent to the proposed use,the home to the east, and the property owner is supportive of the application. All the property owners on Whitechapel Court are in support and Staff received a petition of support with signatures of four property owners, as well as one letter of support. Those in support noted that they believe the applicant has the dogs' best care in mind. Staff also received one letter of opposition from a resident in the neighborhood indicating concerns regarding safety due to aggressive dog behavior. The applicant currently has a seven-foot tall chain link fence enclosing the backyard. The fence along the northern and western property lines is covered with a black tarp to reduce the dogs'view of traffic and pedestrians. According to the applicant, this assists with keeping the dog's calm. As mentioned previously, all dogs are kept within the existing soundproof, air-conditioned residence unless outside for play time and relief thereby meeting the requirements of Section 223. However, Staff is recommending a condition that the existing chain link fence be replaced with a 6-foot-tall solid privacy fence.The applicant is aware and agrees with this condition. The applicant indicates that they will only allow four dogs outside at any given time to mitigate noise and the dogs' reactiveness. Condition 6 is recommended to address this. Staff is also recommending a condition to limit the number of dogs allowed on the property at any time to no more than 10 dogs in order to reduce impacts to the adjacent residents. According to Traffic Engineering,there will be no significant traffic changes with this use as the applicant schedules pick-ups and does not allow drop offs at the home. Per the applicant, animal waste is picked up after every animal relieves themselves and is disposed of properly. The applicant has also hired a company, Operate Doggie Duty,to treat the yard on a weekly basis to thoroughly remove waste. In addition,the applicant has hired pest services to come out every three months to spray the yard and home for fleas and ticks. Based on these considerations, Staff is recommending approval of this request subject to the conditions below. Alliena Westleigh Agenda Item 8 Page 3 Recommended Conditions 1. This Conditional Use Permit shall be limited to a maximum of ten (10) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind,gender,age, or breed shall be permitted on the property to replace the dog(s).The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing chain link fence on the property shall be replaced with a 6-foot-tall solid privacy fence and shall be maintained in good condition for the duration of the Conditional Use Permit for the Residential Kennel. 5. There shall be no breeding of dogs on the site. 6. No more than four(4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 7. The applicant shall annually submit a letter to the Zoning Administrator indicating the number of dogs associated with this Conditional Use Permit that are on the property until such time that the number of dogs are four or lower, as permitted 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. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Traffic Impacts Alliena Westleigh Agenda Item 8 Page 4 Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Whitechapel Court No Data Available Proposed Land Use 3—No Data Available 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family dwelling dwelling with a Residential Kennel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Whitechapel Court in the vicinity of this application is considered a residential cul-de-sac. No traffic counts are available at this location. Public Utility Impacts Water & Sewer This site is already connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners.A petition of support with four signatures, one letter of support, and one letter of opposition have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 23, 2022 and January 30, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 24, 2022. • 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 February 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 27, 2022 and March 6, 2022. • 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 February 28, 2022 • 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 March 11, 2022. Alliena Westleigh Agenda Item 8 Page 5 Site Layout PE1#OR Eel- t) ton 650.0o -1_ \ re.• {.r r-r = II r - i\ - 1 il1'; 4508 NMTECI APEL CT 1 \ 1... -- — Existing 0 Dwelling � 4 i V c ii w►+►jE 'Et_GT Existing Dwelling Existing Fence Large Trees c� n Alliena Westleigh Agenda Item 8 Page 6 Site Photos . ',...- -,\ t „ 1, r'. 4 • ,;• D "4..,..; , v '\ ., ,,,..,.. ,, gA)r ' 1 � •' ,. . ;a/ ,' .a t i -1 e. s NM, ,,,,,., t... ,„,„m om. j � RV' i _ it --r = .-• ._I x 'it ice+ r' , A v- — -mot �+ +w ig �,'. ?� "... 4 � . r • KA• a 4 . 'sVS t ' ' *. -4115.:„I.- • ... ' Q �� _ .t] rpm: } _..- _'_ r Alliena Westleigh Agenda Item 8 Page 7 Site Photos t 4 t E y b kk. - t 3t __„ _1._ .„ .., .,_... --ij ,, .,,,r...,,4 . , A A 4 - ''''i '' 1*- 1/4? . 1 _..:A. ,‘ _ _ * -- --1-- ----r-ritit :.,.,..?yt*.i,, , . v .a. 1r. ` y,a< ,,arc. K ,.fi r Alliena Westleigh Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement City of Vrvinia Bosh 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 1 Applicant Name _ !-)l ell°. c Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes XNo • 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. Revised 11.09.2020 1 l P a',:F Alliena Westleigh Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement Planning&('uintnunity I)vv lijltlnt'nt • Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Be ch 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 i 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 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 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 No • If yes,identify the purchaser and purchaser's service providers • Revised 11 09 20.'0 2 I Alliena Westleigh Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement 1/13 City of VuI 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 XNo • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal servic 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 connect+on with this application. ify„t ze4 Applicant Signature . ass kf c Name and U 1i-2L-2oZI - 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 Commiss;on and City Council meeting that pertains to the applications No changes as of Date Feb 24,22 Signature 7P4. `_ A_ Z,. Print Name Michaels D.McKinney Revised 11.09.2020 3 I P a u e Alliena Westleigh Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement City of Yopus,3 Planning&Community Development Owner Disclosure Owner Name I )�1ri(� L - \k - Cin ,ti Al e'4M6c Applicant Name I] i)& �-'�_�- r t 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) • 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. Rvvicvrl 11 n9 Jn?n 5 ( P a r, Alliena Westleigh Agenda Item 8 Page 12 Disclosure Statement Disclosure StatementVB ( .ytbcaxw L t, Manning&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 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?Cl Yes lg 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 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. 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 y 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 'No • If yes,identify the firm and individual providing the service. 6I Alliena Westleigh Agenda Item 8 Page 13 Disclosure Statement Disclosure Statement cvrrqf Planning&Community Development 8. Is the Owner receiving legal services Tr.nrse Lion with the Subject of the application or ary business operating or to be operated on the property?L Yes IX No • if yes,identify the firm and srsurvsdual providing legal the service Owner Signature I certify that all of the information contained an this Disclosure Statement Form is complete,true.and accurate. I upon receipt of notification that the appl,ratican has been scheduled for public hearing.I am responsible for updating the information provided heroin two weeks prior to)he meeting of Planning Cnmmltsion,City Council,VBDA,CBPA,Wetlands Buord or any public body or committee in connectitrp with this application. +, .124/d ()wag stjllow• �`' i hi vim �+5 `�`��� h �a Aktzt- hint Ntanne and 1Ide 1�-2(1-702IData __ 71?age Alliena Westleigh Agenda Item 8 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Alliena Westleigh Agenda Item 8 Page 15 Virginia Beach Planning Commission February 9, 2022 Public Meeting Agenda Item # 8 Alliena Westleigh [Applicant] Alvin Westleigh & Cynthia Allie Westleigh [Property Owner] Conditional Use Permit (Residential Kennel) 4512 Whitechapel Court RECOMMENDED FOR APPROVAL - HEARD Madam Clerk: Mr. Chair, our last agenda item for the day is agenda item number 8. Alliena Westleigh, an application for a conditional use permit. Residential kennel on property located at 4512 Whitechapel Court in District 4, formally the Bayside district. Would the applicant, or the representative please step to the podium. Alliena Westleigh: Good morning. My name's Alliena Westleigh. Thank you for hearing me today. I was in the informal. I don't know if I can address some of issues now, but what I'm asking to do isn't to run a kennel or a rescue from my residents it's to maintain my companion animals that Miss McKinley had mentioned the seven that I have, the two that are with me currently for foster, through Hope for Life are pending applications. So they are getting ready to be adopted out from my house. Alliena Westleigh: The other concern was the netting. When Next Door opened up, I reached out to my neighborhoods through Next Door and asked what were some of the concerns of the four animals I had at the time. This was back in July of 2020. It was in July of 2020 that the netting went up on my yard, in October, when animal control came out, I did have a roommate living with me. So at the time I was told about a potential use permit for more than four. And I had the fifth dog being their dog. I asked them to move out shortly after that because of complications. So I didn't pursue the conditional use permit in 2020. I recently left my 16 year career at the shipyard last year, and I decided to move forward with rescue aspirations. And I have a partner and a business license for training. Alliena Westleigh: We are trying to move forward to obtaining a location to run our own rescue. But that is not the purpose of this permit. The purpose of this is just to maintain the companion animals that are at the residence. Know that several people had expressed concerns in my neighborhood regarding 1 the animals' behavior or temperament. And according to Planning Commission, they stated that they would do this with a condition of putting up a privacy fence. Alliena Westleigh: So I'm in the process of applying for that currently right now, to instate a privacy fence around my property and the dogs in questions, I've agreed to staggering when they go out into the backyard so that it's not a pack mentality. It's just individual dogs in the backyard so that they're not all chasing the fence line at the same time. I don't know what else to say right now at this point, but I did bring with me my business plan proposal, as well as my LLC and my degrees in fundamentals behavioral studies for the council members. If you'd like to see them. Mr. Wall: I don't. So are there any questions for Ms. Westleigh? Mr. Alcaraz: Yes. You're saying you do have a permitted out to get a privacy fence in your whole backyard. Alliena Westleigh: I'm the process of the application for it. The reason being is there was some sort of misunderstanding. It's a corner lot. So I have to figure out which type of privacy fence I'm permitted to put up. Mr. Wall: Ms. Klein, Robyn Klein: You said four of the dogs are yours and then you have two rescues? Alliena Westleigh: No, ma'am, there's nine dogs currently at the residence. So there are nine on the property, two belong to Hope for Life. They are not my dogs. They're just there as fosters because they had temperament issues that needed to be worked on the other two that are be out so then there's three above the allowed four. So those are the three that I'm asking permission to keep, pretty much is to have seven animals. I don't need up to 10. I just want the seven. Dee Oliver: Thank you for clarifying. Mr. Wall: 2 Mr. Redmond. Mr. Redmond: Well, you said a lot telling me that you work with Hope for Life. I'm well familiar with Hope for Life Rescue. It's a small organization. It's a superb organization, but it's a small facility. I imagine there are some instances where they have animals that probably need a little bit more care than they can in that very enclosed environment that they have, bless their hearts, money doesn't grow on trees. I think with regard to your application, obviously, that privacy fence is an important part of that application. I'm comforted that you're looking at that already because it's that's going to be necessity. Alliena Westleigh: Thank you, sir. Mr. Wall: Anybody else? Dee Oliver: There was one incident here where you said two of the dogs were unvaccinated. Alliena Westleigh: Yes. I've since submitted that paperwork, to animal control for those two animals. Those at the time they were unvaccinated because they weren't my animals. I did not have their paperwork on site. They were Hope for Life's animals. I asked for that to retain files. I do keep a binder with every animal, every vaccination, as well as a separate container for all their medications, compartmentalized per dog, so that they're getting their flee and tick treatment on time. Their heartworm on time. I do have Operation Doggy Duty, come out twice a week to help with waste removal so that it's done properly. And then I have an agreement with Active Environmental. They come out and treat the yard for me every three months to make sure that there's not an outbreak of fleas at my property. Dee Oliver: I was just reading through. Great. Thank you. Mr. Wall: Thank you. Alliena Westleigh: Thank you. 3 Madam Clerk: We have two speakers, Mr. Chairman, Jackie Savage followed by Jerry Richter. Mr. Wall: Please state your name for the record. Jackie Savage: My name is Jackie Savage. And I am a resident of Pembroke Meadows neighborhood. I would like to address you this afternoon regarding the proposed conditional use permit at 4512 Whitechapel Drive. And this permit does state that it would allow up to 10 dogs at the residence. That's how the permit was filed on the record. This neighborhood home, these dogs are rescues and on next door, which I brought the whole printout from next door neighbor. She has said that these dogs have all come from rescues and that she is hoping to rehabilitate these unadoptable dogs, because these dogs were... Jackie Savage: Many of these animals by her words were considered to be unadoptable due to being used, such as fight dog baits, so that these animals may exhibit aggression and do not belong in a neighborhood setting. Across the street from a daycare center, a shopping center, a block from an elementary school, two blocks from a neighborhood park and from a neighborhood recreational pool area. Pembroke Meadows is a quiet neighborhood. It was built in the late '60s and early '70s. And many of the original residents still live there. Many of the children that grew up there have bought homes and moved back into that neighborhood. It is very family oriented and child friendly and myself as well as many of the homeowners in Pembroke Meadows, feel that this residential kennel does not have a place in such a neighborhood. Jackie Savage: This residential kennel does not enhance or bring value to this neighborhood. The companion dogs that she was referring to, and in next door neighbor, she said not more than five would she have on her property than later on state seven currently has nine. So even though she's telling you that there's only going to be seven dogs there, I don't have faith in what she's saying, because she told us on next door neighborhood, there would be no more than five. There are currently nine dogs in her home. Now she says seven of them will be companions. The companions are not her companions, but dogs, she uses companion dogs for the dogs that she's training, the unadoptable dogs. This home that has these animals and this family living in it is only 1,463 square feet. And it has a small corner lot with a small backyard. Mr. Wall: 4 Ms. Savage. I appreciate it but your time. You had three minutes and I appreciate it. Should have let you know about the yellow light in the morning. Jackie Savage: Okay. Mr. Wall: Are there any questions. Mr. Redmond? Mr. Redmond: I hate to have to put you through this, but can you take that pointer and show us? We're very pointer challenged here. If you could take that pointer and show us where your house is in relation to this property? Jackie Savage: Where my house is in relation to this property? Mr. Redmond: Yes. Jackie Savage: How do you use the pointer? My house is over here. You go down Abbey Drive. It turns into Severn Dr. And my house is probably about right there. Mr. Redmond: So you're not anywhere near this house. Jackie Savage: I walk the neighborhood and my husband walks the neighborhood and we take our grandchildren through the neighborhood. I drive by this home every day, because this is the main entrance to the neighborhood. This is the daycare center. Mr. Redmond: I know, believe me, I'm well familiar with it. Jackie Savage: My home is not adjacent to this home, but I drive past it every day coming and going from my home to leave for work and to come home from work, to go to the grocery store, coming home 5 from the grocery store. Anytime I'm going in and out of the neighborhood, I drive past that home or walk past the home. I did bring pictures because the pictures in this were not representative of the entire structure. They were only taken from one view and I brought pictures of the other view and I would love to leave them with you all to look at. Mr. Redmond: Will pass them on. And then we'll leave them over here and you can pick them up. Jackie Savage: Did anybody have any other questions for me? Mr. Wall: Are there any other questions for Ms. Savage? Carolyn Smith: Sorry. We'll have to keep the pictures if she gives them to you or make a copy for you if you need them back. Jackie Savage: No, you can keep them. Mr. Wall: We can keep them. Alright. Thank you. Madam clerk. Madam Clerk: Our final speaker, Jerry Richter. Jerry Richter: You'll leave that picture up, right quick. That corner house is the corner house up at Whitechapel and Pembroke Boulevard. If you're walking in the neighborhood or you're driving in or out- Mr. Wall: Actually could you please? Jerry Richter: We're using Whitechapel Drive and you're stopping right here at the stop sign. 6 Mr. Wall: Excuse me. Can you use the pointer that's on the podium. If you can use it. Jerry Richter: This is the exit and entrance for everybody over here on side of Pembroke Meadows, you have to stop here at the stop sign to let traffic coming up and down, Pembroke Boulevard are coming across from the shopping center. This particular yard, if you go back to the picture you had before, no, that actually showed the yard. Carolyn Smith: We're getting there. Sorry. Thank you for your patience. Jerry Richter: That one, perfect. If you notice 10 dogs, they're big dogs and they put out approximately two loads of dog waste a day, which is 20 a day multiplied by seven. That's 140 loads a week. And she is having someone supposedly coming to pick up twice a week. Doesn't smell too good. There is no grass. There is an aboveground pool. There's also a trampoline. What you're seeing here is the mess that's along Whitechapel Drive. Jerry Richter: This goes along Pembroke Boulevard, these particular weeds growth and vines come out and come across the sidewalk, it's an eyesore. It's not beautiful right now. And that's winter. It gets worse. It's not a place for a business kennel. And she does want to have that as a business. commend her for working with the dogs, but really those dogs are hers. She only has two rescues there. The others are private dogs. The requirement is of course you can only have four. And it wasn't until she was caught that we now have... Excuse me. That we now out the application for a kennel. A kennel there is not acceptable and it is going to be a business she's already applied for financing to start a business there. We don't approve as neighbors. Mr. Wall: Please stay up there, are there any questions? PART 3 OF 4 ENDS [01:33:041 Robyn Klein: The brush, the weeds, they, it looks like that they're on the common area side of the fence. Jerry Richter: 7 Well, this is her property. Okay. This is her property. It goes back this way. And the sidewalk, which you can't see, is right here. So this comes out and it goes beyond her property. Robyn Klein: So are you saying that they start on her property and then climb over the fence? Jerry Richter: Yeah. Well, they come this way. Yeah. They have it on her property, but it also comes over be... This is her property. These are all her weeds. Robyn Klein: Because what I'm asking is, sometimes when there's a corner property, it abuts to common area, which abuts to the sidewalk. Jerry Richter: The easement. Pretend it's over here. The easement would be over here, except her easement is down this way. This is all her property. Robyn Klein: Okay. So they fenced inside the property line. Jerry Richter: It's inside her property. Yes. Yes. And the part that's coming over the fence, that's really her responsibility to maintain, but they don't. Dee Oliver: Jack I have a question. Jack: Ms. Oliver. Dee Oliver: So from the photos, this side of where the hedge is, or the climbing binds are, that's chain link fence? Jerry Richter: Behind that is chain link fence I think. 8 Dee Oliver: SO The photos show just- Dee Oliver: One second, please. The photos show that there's chain link fence in there. And that it's not... One of the photos. If you look real close, Robin, you'll see towards the house, it looks like it's chain link fence. And that is not able to be, obviously she can't screen that. Because she can't because of the bush. The climbing vine. Jerry Richter: The growth. Dee Oliver: Right. Which looks like that's on, faces public sidewalk going into the neighborhood, Jerry Richter: Correct. Correct. Dee Oliver: If I'm correct. So that seems to be... Jerry Richter: That's an eyesore. If you look at her property there, and I understand with 10 large dogs, you're not going to have grass. I mean, she can't have grass. And I understand that, but it becomes... In the rain, in the summer, and the heat, it becomes poop soup, which is basically the best I can say. I mean, where is all this waste going to go? Jack: Okay. Mr. Redmond Dave Redmond: Well, number one, it's in this application that she picks it up each time they go outside. And she has a commercial operation that comes. Jerry Richter: I think she just stated. Coming in twice a week, Dave Redmond: 9 I didn't interrupt you. So could you take that pointer and show me where your house is as well? Speaker 7: I'm on Abbey Drive. Go around. It's just Abbey Drive. I'm right down here. Dave Redmond: So you're down here. Jerry Richter: But for walking, I'm going to be going to Food Lion, I walk the animals. If I'm going back to the park, I have to go this way. To the pool, I go over the school back here. I work at the school also. I'm a volunteer. Mr. Wall: Thanks. Okay. Thank you. Are there any other questions? Okay. Thank you. All right. Going to open up for... Oh yeah. Please come up for rebuttal, sorry. My apologies. Alliena Westleigh: I do have copies for... I'd like to just submit this. To draw in the question, the business. In the business plan, which you'll find in the back of that document, we actually have four proposed locations that we're looking to go to. So my house will not be the business. We are proposing different sites that we're looking into currently to apply for the business loan, to get the location, and then to run the operation from that space. As far as the five dogs, the reason why I say that seven companion dogs right now. Before I adopt these animals out, I make sure that they go to their canine good citizens award and get that certification to prove that they're capable of being in any environment. They can walk through Lowe's, Home Depot. They can walk it at the park. They're ready for life outside of just being in a backyard. Alliena Westleigh: In regards to operation Doggie Duty that comes twice a week. Now it's because of the winter time that they come twice a week. In the summer, because of the amount of my animals, they do come three times a week. And I also do have a bucket in the backyard that I pick up with regularly eliminate that. I've never had grass in my backyard since as long as I can remember. I've been living at this residence for 31 years. I'm one of the children that Ms. Savage spoke about that ended up buying my parents' house because this is where I wanted to be. In regards to the eyesore that is on the corner. And yes, it is an eyesore. I will admit to that. That bush is overtaken by wisteria vine. And so I am in the process of cutting that down. It's a long tedious process, but I had to wait for winter for it to happen because in the summertime it's in full bloom. It's green. You can't cut into it. 10 Alliena Westleigh: The animals are not all large. Most of them or about 35, 45 pounds. That's the average of these animals. I do have one that's 18 pounds. And then I do have one that is up for adoption. That's 135 pounds. That's the Great Pyrenees. I would like to address any other questions that are in place. My neighbors that I live in, I live in a cul-de-sac and all five of my neighbors have signed that they're favorable for me moving forward, keeping the companion animals. Speaker 8: Just one quick question, the fence in the interior you're going to replace, right? You're going to replace the metal fence going against the side sidewalk? Alliena Westleigh: So I am actually going to be replacing all sides of my fencing, including the gate. Speaker 8: So that's going to have to come down before you replace the fence? Alliena Westleigh: Yes. Speaker 8: Okay. Alliena Westleigh: And I'm in the process of cutting that down. I've gotten several quotes. And I understand what they're saying. I can sit here and tell you all day, but there's actually processes in place. The pools actually been drained and is coming down on this weekend. And then as far as the bush and the shrubby goes, we're going to be cutting most of that down. The wooden privacy fence, because the city actually cuts the bush that's on the street side, and they cut it off the sidewalk. But in the backyard, there's about a foot gap between the bush and my backyard, and then the chain link fence. So that's where the privacy fence will be put up. Speaker 8: Okay. Speaker 3: Yeah. 11 Jack: Anyone else? Speaker 3: Bobby. Dee Oliver: Bobby. Speaker 3: Bobby. Bobby: If I can, Mr. Wall? Jack: Yeah. Bobby: Mr. Meyer to the point, the fence keeps coming up as a concern. Please note that condition number four requires the existing chain link fence to be replaced with a six foot privacy fence. Speaker 8: I saw it. A disaster. Yes. Agree. Jack: Okay. Robyn Klein: I have a question. Jack: Yes. Ms. Klein. Robyn Klein: 12 This might be for the staff, given the conditions for this permit, who then is the authorizing body that will confirm that this was done in order to move forward? Bobby Tajan: It is a condition of the conditional use permit, which will be inspected by our zoning inspectors. Robyn Klein: Thank you. Alliena Westleigh: Thank you. Donald Horsley: Thank you, Mr. Chair. I'm still trying to just get ahold. How many of the nine dogs do you own that are just your personal dogs? Alliena Westleigh: Five. Donald Horsley: Okay. Alliena Westleigh: There are five that are my personal dogs, that my name is on their rabies tag registration. Two are pending adoption through Hope For Life. And then two are in the process of finalizing their- Donald Horsley: That's how you get to nine? Those two? Alliena Westleigh: Yes. Donald Horsley: Gotcha. Alliena Westleigh: 13 Yes, sir. And then the two that are finishing up their canine good citizens test, and then they'll be available for adoption. Dee Oliver: So you really only have room for five other dogs, because you're keeping the five you have? Alliena Westleigh: I'm keeping five, but I have no intention of bringing more animals to the property. That's the reason- Dee Oliver: Your conditional use permits says 10. I don't have a problem with 10 or nine. I just... You're keeping the five. Alliena Westleigh: Yes ma'am. Dee Oliver: Okay. Alliena Westleigh: Yes. And on there, I can point to which five- Dee Oliver: No, no, no, no. That's all good. Alliena Westleigh: ... if you to see them, but I am planning on keeping the five and then the two would be, where if needed to train another dog, I could train the dog overnight and then return it to the facility. Jack Wall: One thing is your operation, that you're the rescue. That you're planning, you need to operate as a business. Let's say, you currently have nine, you have this four pending or in the new training process in your pipeline. If you had at your business in an offsite location, would those four be at that location? Or would they... Alliena Westleigh: The four that are ready for adoption? 14 Jack Wall: Uh-huh (affirmative). Alliena Westleigh: They would be at the facility so that they're getting the most exposure. And so that they're getting the more hands on versus just at the home. They wouldn't be staying at the residence when I'm not there. Jack Wall: Okay. So you'd only have your domestic Companion dogs that at your property after you have your business? Alliena Westleigh: Yes. And the animals that I do have, yes. They're all rescue in one form or another. And it's not that they weren't adoptable, it's that their temperament was not favorable for a typical person to just walk in off the street and handle an animal that they're not prepared to handle. Jack Wall: Ms. Oliver. Dee Oliver: It looks like you're looking to relocate your business? Alliena Westleigh: Yes. Dee Oliver: To a more favorable. Alliena Westleigh: Yes. And that's why I said, the animal as that are there will not exceed that. I won't adopt out the four and then bring in four more to my property. By that point, we're hoping to have a facility where the business will actually be operating. Dee Oliver: ... out of the neighborhood. Alliena Westleigh: 15 Yes. Ma'am. Dee Oliver: With that though, Mr. Tajan, there's a city ordinance that she can only have four dogs. Bobby Tajan: Correct. She would still need the conditional use permit. Dee Oliver: For the five? Bobby Tajan: To have the five. Alliena Westleigh: Yes. Ma'am. Bobby Tajan: Hearing this additional information about what is happening with the other dogs and them leaving and the potential move or the intention to move the business. There is a condition that we would normally have put, that says as the dogs leave, you can't bring dogs back to replace it. And if the commission would want that condition in instead, that would be one, I would have recommended it if I knew this information earlier. Alliena Westleigh: Yes. Dee Oliver: I would recommend that we would put that in and that would probably make the neighborhood a little less disgruntled, maybe. Dave Redmond: No, I don't agree with that. Dee Oliver: Why? Dave Redmond: 16 Well, number one, can we just deal with the application that we have at present? Not about a future location of the business. This condition of use for a kennel, because she's got more than four dogs. It's not that hard. I think it'd be wonderful if you could get this established in another location two years down the road. If you're not, then what we're doing today is really going to still be that important. Okay. Dee Oliver: Well, it's only what if. It's a what if condition. If she moves- Dave Redmond: Let's deal with the application today and not worry about our crystal balls is my view. Bobby Tajan: Well, one thing is- Dave Redmond: Can I finish please? Can anybody let me just finish? Bobby Tajan: Sure. Dave Redmond: Go over again. I failed to understand what the relevance of the state of your bushes or the state of your backyard is to the appropriateness of this application. The city maintains what? Alliena Westleigh: So the side that you're seeing White Chapel Drive, I actually live in White Chapel Court, but the street side that's White Chapel Drive headed towards- Dave Redmond: I was in front of your house this morning. Alliena Westleigh: Yes. So that street, the city cuts that bush. As soon as it hits sidewalk, they cut it. Now that's not long term goal by any means. And I was just addressing the bush issue because, clearly there's neighborhood concern that it's an eyesore, but as far as the kennel license or the permit or the care and maintenance of these animals and their behavioral progress, it's a bush that they like running through. I'm sorry. 17 Dee Oliver: There's no problem with bushes in your yard. They have nothing to do with that. Dave Redmond: Apparently. Dee Oliver: I don't. Dave Redmond: I commend you for what you're doing. And I agree with your characterization that there are some animals that are not in shapes and necessarily be adopted right away and they need additional care and you're providing that care. So in my view, you're doing Lord's work with regard to these animals, you fill a gap that's not easily done in other places. And it has to be done. Or they're going to be in far worse shape than it would be today? So I'm ready to get on with this. Jack: So are there any other questions. Okay. Thank you very much. Alliena Westleigh: Thank you so much. Jack: Thank you. Okay, I am going to close and open for discussion or for motion. Donald Horsley: About two months ago, or a month ago, we were wrestling with a residential kennel in the country. People had 20 acres and we didn't want them to have 20 dogs. And there we got a quarter of acre lot or something like that, and people want 10 dogs. Where is the balance here? I mean, it just looks to me like it's a little bit overload here. And I appreciate what she's doing, but I mean, I think we are overloading. It's in a tight knit community. That 20 dog deal was in a 20 acre parcel, in a little small developer. And it just looks like to me, it's a little bit overload. appreciate what she's doing, but I just think her property is a little bit concise to do something. Donald Horsley: And if she says she just wants to keep her five dogs, but we approve a 10... If we prove a condition of use permit for 10 dogs, that stays with that property. So if she decides to sell her 18 property, the next person can come in, they can have 10 dogs. And because that stays. Am right Bobby? Isn't that true? Bobby Tajan: Yes. Donald Horsley: I appreciate what she's doing but I think it's a little bit overload here for this. I don't think I can support the application. Jack Wall: Mr. Redmond. Dave Redmond: Well, I disagree. I was there this morning. All of her neighbors support the application. Go look at that and all those little blue stars on that graphic show that all her neighbors support the application. Now folks four blocks away do not. And I'm not particularly concerned about that. If you drive your car past the house on the way to Food Lion, and I don't know that that's going to be a big impact. So what I have not read... That's what I'm talking about. All of her neighbors were there. And I was in this court this morning. And the children were walking from those adjacent houses. Up the block, just across to the corner where Professional Circle meets White Chapel Drive to wait for the bus. I didn't see any great alarm. Dave Redmond: There were parents with their children. And it seemed like a perfectly normal residential block, to me. I'm unaware of any kind of incident that's occurred with her dog. It seems to me she's getting picked on, very frankly. Dave Redmond: I don't understand, very frankly, why the folks who are in most, in closest proximity wouldn't be most familiar with her situation. So I don't care what her backyard is like. I don't care her what her bushes are like. And off of bushes and backyards, The application itself to me seems pretty simple. And I think we should stick to that. Too often we stray. She's working with an organization that's entirely respectable and very, very highly respected. I mean, if all those blue stars were red stars, I'd be concerned. And I was this morning, before I went over there. That would make a difference. That seems to me to be very strong support for her. Her fence is going to be a privacy fence on all sides. Enough about the fence. It doesn't matter. I mean, we can see that. I fail to see what the impact would be of dogs that are inside her house or her yard. That's a lot of dogs. I mean, I'm unaware of any conflict yet. 19 09L 9Z9 009 9L£ 09Z 9Z I9.Z9 0 }aad miii Noi NE 6uip1ing 6u!uoZ s I,I,E a4!n S 'pBoI u I)I sB1 OI'61, suo6AIod A4Jadoad „I -coi74- M uea uej a}�s %% N la , ), /3"),vi Irp, . , 6 \ 72 / N\ VPg IOU in rcr: 8,1Alf 4 , zs0 zid 11-0(1 r,_ \ Q \ ,--- r - 4 /V 4 ' , , ---- _,,, ,\,4* ///: 7 , \ , zo \ . , _______ S'Lli , 42, G a \ .\\ /1:9 , , , \ oss .\\,,,\ II \ ,\.- z$:1, .-\ A , , a\ c:\ _ --- ''' ',;\ \ 0 I.NIII II ---"v- „-'-'<"--77: --__,_ ---7:::-A--- )7,1,2c2,, ii" z r.* \\ /13 Z8\\ .4 It, � � /zEi \asm° di" -,, , ,, , / __________,J El ,-, 0 - ... S?L2:1 * \ a \\ ---)cm;;;: R ■ ry = i� ��i A - it 8 I_V y, b11/1:�11,1 e' "17 __ \ t. es" ' _ ___ --,--D-- ----z_1—,----.7 -1-t1,-M-7-jr - --- 9 IN , 9 04,44 !NOLA _ f0� '� -..r ��'g)s1 f� 7► - +a CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: TAN DANG [Applicant] REGENCY HILLTOP ASSOCIATES [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1940 Laskin Road, Suite 311 (GPIN 2407387103). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: March 15, 2022 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor specifically for the application of permanent makeup known as microblading. The use will occur within a 60 square foot room in an existing 1,200 square foot nail salon at the Regency Hilltop Shopping Center. The hours of operation of the microblading use will mimic those of the salon of 10:00 a.m. to 7:30 p.m., Monday through Saturday, and 11 :00 a.m. to 5:30 p.m. on Sunday. There are five employees anticipated and no new signage is proposed. • Considerations: The proposed request is an acceptable use at this location as the property is surrounded by commercial properties. No additional parking is required within the shopping center. The applicant is not proposing any new signage. Condition 4 requires the existing window and door signage to be removed in order to be in compliance with the current requirements of the Zoning Ordinance. 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 February 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by recorded vote of 11 to 0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. Tan Dang Page 2 of 2 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. All signage on the site shall be in accordance with the sign regulations of the Zoning Ordinance and all signage on the door and windows of this unit, Suite 311 , shall be removed unless deemed in compliance with 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. 6 '0 Submitting Department/Agency: Planning Department City Manager: Applicant Tan Dang Agenda Item Property Owner Regency Hilltop Associates Planning Commission Public Hearing February 9, 2022 City Council District District 6,formerly Beach 7 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) \ \ Staff Recommendation Approval I ''i° %iv Ili -` *--- Staff Planner \ if ..-4 ftid° W '4 ti Michaela McKinney Sa Location f_ o 1940 Laskin Road, Suite 311 I II T ' j * ' - A-,. ,/L- �r GPIN lI . 2407387103 1 A