The URL can be used to link to this page

11-15-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 0,141A.BE,4 VICE MAYOR ROSEMARY WILSON,At Large 41" c� MICHAEL F.BERLUCCHI,Rose Hall-District 3 0 _ LINWOOD O.BRANCH,Lynnhaven-District 5 .1 BARBARA M.HENLEY,Princess Anne-District 7 U / I N.D. "ROCKY"HOLCOMB,Kempsville-District 2 DELCENO C.MILES,Bayside-District 4 • a4 • JOHND.MOSS,At Large '+r S•''`' AARON R.ROUSE,At Large °` °,,, GUYK.TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS November 15,2022 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 4:00 PM A. TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH Nancy Helman, Director—Conventions and Visitors Bureau II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM III. CITY COUNCIL AGENDA REVIEW 4:45 PM IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. 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 November 1, 2022 G. MAYOR'S PRESENTATIONS 1. 60'ANNIVERSARY AWARD Thomas"Tommy"J. Lyons 2. NATIVE AMERICAN HERITAGE MONTH PROCLAMATION Chief Emeritus Lee Lockamy H. PUBLIC COMMENT 1. SOMETHING IN THE WATER(SITW) I. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS PROPERTY 3000 Barberry Lane 2. ACQUISITION,BY AGREEMENT OR CONDEMNATION Shore Drive Corridor Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117) 3. LEASE OF CITY PROPERTY Approximately 4,860 square feet located directly adjacent to 101 South Independence Boulevard J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned property located adjacent to 101 South Independence Boulevard for five(5)years with Blazin'Wings,Inc., t/a Buffalo Wild Wings Grill & Bar 2. Resolution to ADOPT the City's 2023 Legislative Agenda 3. Resolution to REQUEST the General Assembly AMEND the City Charter re process for filling vacancies in the Office of Member of City Council and Mayor(Requested by Council Member Moss) 4. Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by agreement or condemnation re Winston Salem Avenue Corridor Improvements Project, CIP 100489 (formerly CIP-9-006) 5. Ordinance to AWARD a $5,000 Community Services Micro-Grant to United Full Gospel Revival Center of Virginia Beach re support its annual Thanksgiving Basket Giveaway and Fill the Bag Christmas Drive(Requested by Council Member Wooten) 6. Ordinance to AMEND City Code Sections 27-60 and 27-61 re membership of the Independent Citizens Review Board (Requested by Council Members Henley and Wooten) 7. Ordinance to AMEND the Summary of Terms to EXTEND closing date of five (5) parcels of land located at the intersection of Burton Station and Tolliver Roads to Seniors Unlimited Lifestyles, Inc. as assigned to SUL Tranquility at the Lakes II, LLC 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Bass Inlet(a/k/a Mill Pond) and an existing five(5) foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof, a marginal wharf, and a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2 (Formerly District 7—Princess Anne) 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned canal off Ashville Bridge Creek located at the rear of 2472 Entrada Drive re construct and maintain the replacement of one hundred seventeen(117)feet of bulkhead,and to construct and maintain a dock, boat lift, electric line, and twenty-one (21) tie backs and dead man piles DISTRICT 2 (Formerly District 7—Princess Anne) 10. Ordinance to MODIFY the area proposed for closure and to EXTEND the date for satisfying the conditions re various rights-of-way adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority at: a. Portion of the South Side of 20th Street between Pacific& Arctic Avenues b. Portion of the South Side of 20th Street between Arctic& Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19th & 20th Streets d. 19th Street between Pacific&Arctic Avenues e. All alleys within the block surrounded by Arctic & Baltic Avenues and 19th &20th Streets 11. Ordinance to ACCEPT and APPROPRIATE$30,000 from the Virginia Department of Forestry to FY2022-23 Department of Parks and Recreation Operating Budget re Princess Anne Commons urban forestry activities L. PLANNING 1. C.P. MARINE & DIESEL, INC/ CARL & GLORIA'S REPAIR SHOP, LLC for a Modification of Conditions re automobile repair garage at 1399 Air Rail Avenue DISTRICT 4 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 2. M.M. ROLLINS & COMPANY, A VIRGINIA CORPORATION for a Change of Zoning from AG-2 Agricultural to B-2 Community Business District re auto sales and service at 652 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. SACRED DAGGERS, LLC/PAVEMENT PARADISE,LLC, for an Alternative Compliance re tattoo parlor at 529 Virginia Beach Boulevard DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. VIRGINIA AQUARIUM FOUNDATION/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re wind energy conversion system at 801 General Booth Boulevard DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. RUSSELL A.BROWN for a Conditional Use Permit re home occupation—retail sales at 1212 Sycamore Road DISTRICT 8 (Formerly District 5—Lynnhaven) RECOMMENDATION: APPROVAL 6. GREEN CLEAN SHORE, LLC/KS SHORE,LLC for a Conditional Use Permit re car wash facility at 4769 Shore Drive DISTRICT 9 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 7. SHAWN ANDREW MASLANEY for a Condition Use Permit re short term rental at 1724 Baltic Avenue DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 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=eaca28edccc6f0f63b7ecc2b86f23 514d 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 15, 2022. I. CITY MANAGER'S BRIEFING - Conference Room- 4:00 PM A. TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH Nancy Helman, Director—Conventions and Visitors Bureau II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM III. CITY COUNCIL AGENDA REVIEW 4:45 PM IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. 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 November 1, 2022 G. MAYOR'S PRESENTATIONS 1. 60TH ANNIVERSARY AWARD Thomas "Tommy"J. Lyons 2. NATIVE AMERICAN HERITAGE MONTH PROCLAMATION Chief Emeritus Lee Lockamy 041A•BEAD th s '- 0 BUR NAt��° �C. ro tiamation Whereas: 'Thomas 3.Lyons,Jr.pioneered the movement to make'Virginia(Beach a year-round destination and was a visionary whose am6itions forever changed the City's hotel industry and the landscape of the Resort Area;and Whereas: As a young entrepreneur,he saved to purchase a 12-room motel on Pacific Avenue, the Sandpiper Inn,in 1968 and his drive and personality helped facilitate partnerships which!ed him to establish 7rdewater Inn 94anagement;and Whams: 91r.Lyons worked to evolve Virginia Beach's tourism industry from a seasonal mom-and-pop-mote! business model into the year-round franchise-dominated hotel industry the City&oasts today;and Whereas: Over the course of his career,he introduced major 6rands to the'Virginia Beach Oceanfront including Mamot,I9{G,7lilton,Starwoorc and Choice Motels,improving the appearance and quality of the City's hotel product;and Whereas Me also dedicated his time and energy to making Virginia Beach a better destinatum for visitors,and a better community for residents to call home 6y serving the'Virginia Aquarium Foundation and the miscue Squads among other local nonprofit organizations;and 'Whereas: 9rfr.Lyons went on to develop dozens of franchised hotels which served to catapult a resort town that closed for half the year into a year-round economic engine for'Virginia(Beach that generates tourism revenue and contributes to the City's e. ellent quality of life;and Whereas: 9Kr.Lyons legacy lives on in Coastal7fospitalityAssociates,which currently operates seven hotels in Virginia Beach;and Whereas: °Nostalgic UB°is a celebration of Virginia Beach pioneers and residents leading up to the 60m anniversary of our great city in January 2023. ?1row,2berefore I,Wo6ert 9 L "Bobby'Dyer,9Kayor of the City of'Virginia Beach,'Virginia,do hereby proclaim: Thomas,�. Lyons Wectple. • nt of the 'Virginia Beach D acmond:Aware In Virginia Beach,and call upon the citizens and members within government agencies,public and private institutions,business,and schools in Virginia Beach to 6e of service for the 6enefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of'Virginia Beach. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this Fifteenth(Day of November,Two'Ihousand and Twenty-Two. , /7`gdifr'je Robert 94. "Bobby°Dyer - - Mayor .f • 0141A1B 04 CAL? 4: so - 4C e firodamcation %fiiereas• Native Americans have utilazed the abundance of natural resources in'Virginia and Virginia Beach for over 15,000 years;and $he►eas• Sixteenth century English maps documented the villages of Chesepiooc and Apasus in the area that is now'Virginia Beach,and Whereas: The Chesapeake Indian Tribe resided in village settlements in Virginia Beach around the time of the early seventeenth century arrival-of permanent English colonists in the region;and 'Whereas: Signnt archaeologicafsites have been found in'Virginia Beach that have uncovered details of the Native American settlements; and "Wreereas: Members of the Nansemond Indian Nation were displaced by the English from their ancestral'kind:around the Nansemond 4Ziver, with some settfi'ng in areas former5,occupied by the Chesapeake;and Whereas: 'fie Nansemond Indian Nation were pan of the Articles of Peace with King Charles II in 1677;and 'Whereas There is documentation Mat a Nansemond Indian reservation existed in the seventeenth century in southern arras of what is today Virginia Beiv-h;and Whereas: 'The government of the Vnited States of America officially recognized the.Nansemondlndian Nation in 2018;and Vv erras: Members of the Nansemond Indian Nation continue to 6e vital members of the community in Virginia Beach today;and Whereas: Chief Emeritus Lee Lockarny of the Nansemond Indian Nation is a resident of the City of'Virginia Beach;and 'Whereas: November was first declared as Native American Ventage Month in the'United States ofin:rica in 1990;and Wrtereas• 'The Commonwealth of Virginia has commemorated November as Native American Heritage 94onth since 1996;and Whereas Native American?feritage Silonth is an opportunity to recognize and celebrate the f merican Indians who call Virginia Beach home, whose afilties and contributions strengthen our economy,enrich'Virginia Beach's diverse culture,and invigorate'Virginia Beach's communities. Now,'Therefore,I,Robert 94.(Dyer,9Kayor of the City of Virginia Beach,Virginia,do hereby proclaim: Mn'em6er 2022 gVative American Jferitage JKonth In Vrrginia Beach,and furthermore calf upon the citizens,government agencies,pu6fc and private institutions,businesses,and schools in'Virginia Beach to recognize the contri6utums of Native Americans to the history and development of the city,state,and nation and to commemorate this month with appropriate activities. In witness whereof I have hereunto set my hand and caused the Official Sear of the City of Virginia Beach,Virginia,to be affiredthis'Fifteenth (Day of November,Two Thousand and Twenty-Two. Robert 94. 'tiBo66y'(Dyer Mayor H. PUBLIC COMMENT 1. SOMETHING IN THE WATER(SITW) r G�N��1�1 z) J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Fund Balance of the TIP Fund and to Authorize the City Manager to Execute a Sponsorship Agreement with Something in the Water, LLC PUBLIC COMMENT: November 15, 2022 MEETING DATE: December 6, 2022 • Background: In 2019, Mr. Pharrell Williams conceptualized and produced a successful inaugural Something in the Water Festival that focused on welcoming visiting college students, local residents, and guests from outside our region to the Virginia Beach Oceanfront. The 2019 Something in the Water Festival was a positive, multi- faceted festival composed of top-tier music performances, in-depth panel discussions on innovation, sports activities, local art, health and wellness. The Festival was held during the last weekend of April, a weekend previously referred to as College Beach weekend. An economic impact analysis and after-action report were briefed to the City Council in October 2019. The inaugural Something in the Water Festival generated more than $21.7 million of economic activity and resulted in more than $1.1 million of tax revenue to the City. The City and the Festival desire to bring Something in the Water back to Virginia Beach in April 2023. The proposed City financial sponsorship will provide the "but-for" admissions, meals, and local sales taxes to the Festival. Additionally, the City will provide in-kind services to support the Festival. The Summary of Terms for the sponsorship is attached as Exhibit A. In order to allow the City Manager to execute the sponsorship agreement there is an appropriation of fund balance from the TIP Fund. The actual amount of the financial sponsorship will be determined based on the actual admissions, meals, and local sales taxes generated by the Festival. Therefore, the amount of funds appropriated in the attached ordinance represent a budgetary amount that will be adjusted when the actual performance of the Festival is known. • Considerations: The Something in the Water Festival presents a unique opportunity to provide positive social programming for visiting and local young adults and elevate Virginia Beach to international prominence as a cultural hub of music, art, technology and more. In addition to economic impact, the Something in the Water Festival has started to show priceless, long-term distinguishing impacts ranging from cultural enrichment to social cohesion to workforce development to positive regional branding. The attached ordinance expresses the Council's support for the Something in the Water Festival in the form of a proposed sponsorship agreement between the City and Something in the Water, LLC. This arrangement will provide financial, facility, public safety, and operational support for the Festival. • Public Information: Normal Council Agenda process. • Attachments: Ordinance; Exhibit A (Summary of Terms) Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: ti-P 1 AN ORDINANCE TO APPROPRIATE FUND 2 BALANCE OF THE TIP FUND AND TO AUTHORIZE 3 THE CITY MANAGER TO EXECUTE A 4 SPONSORSHIP AGREEMENT WITH SOMETHING IN 5 THE WATER, LLC 6 7 WHEREAS, the City wishes to support the Something in the Water Festival (the 8 "Festival") for April 28-30, 2023 by being a sponsor of the Festival; 9 10 WHEREAS, the City desires to increase its partnership with the Festival above 11 what was provided previously to the Festival to further indicate its support; and 12 13 WHEREAS, the general outline of the sponsorship is set forth in the summary set 14 forth in the attached Exhibit A; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, THAT: 18 19 1. $2,000,000 is hereby appropriated from the fund balance of the TIP Fund to 20 support the City's financial sponsorship of the Festival consistent with the terms 21 of the sponsorship agreement. The City Manager is authorized to transfer 22 amounts previously appropriated within the TIP Fund in the event the financial 23 sponsorship exceeds this appropriation notwithstanding the transfer limitation in 24 the Annual Appropriation Ordinance. Any such transfer shall be reported to the 25 City Council prior to the end of the month during which the transfer occurred. 26 27 2. The City Manager is hereby authorized to execute a sponsorship agreement 28 between the City and Something in the Water, LLC, in a form acceptable to the 29 City Manager and approved by the City Attorney, consistent with the attached, 30 Exhibit A Summary of Terms. The City's monetary sponsorship shall be tied to 31 the performance of the Festival and not the amount appropriated herein. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,,4/_ A.A.Aik_ -1-1 tp, Budget and anagement ervices e ofthe City Attorney CA15968 R-1 November 2, 2022 EXHIBIT A SUMMARY OF SPONSORSHIP SOMETHING IN THE WATER FESTIVAL 2023 Purpose: To have a multi-cultural, multi-faceted Festival (the "Festival") the last week of April (April 28-30, 2023) at the Oceanfront from 4th Street to 15th Street. Parties: City of Virginia Beach("City") and Something in the Water, LLC ("Producer") City Financial Sponsorship: City to provide the "but-for" admissions, meals, and local portion of sales taxes for activities within the footprint of the Festival. The "footprint" includes 4th Street to 15th Street and online ticket sales. The City to provide an advance of$500,000 to provide support for marketing by Producer, and such amounts to be withheld from the final calculation of the sponsorship. The Producer will provide point of sale information to the City to assist in the calculation of the sponsorship,and such amounts to be paid to Producer after the Festival is completed and the Producer has delivered the agreed-upon program. City In-Kind Contributions: Use of various resort stages for concerts Use of agreed upon public parking lots for direct Festival support and rideshare City Public Safety and Public Works personnel already programmed for College Beach Weekend City support of Producer's request to the School Board for use of buses Availability of the Convention Center for use by Producer. Responsibilities of the Producer: Create a festival with the general outline as follows: o Where young people will meet others who are pushing business and culture forward o Where they'll come to experience music, food, sports, technology, and most importantly,what's next. o Where these bright young minds may find their first job out of college, or they will be inspired to start a company of their own Provide Festival attendance and sponsor information for safety/security and economic impact purposes. I. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS PROPERTY 3000 Barberry Lane 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Shore Drive Corridor Improvements— Phase III Project, CIP 100381 (formerly CIP 2-117) 3. LEASE OF CITY PROPERTY Approximately 4,860 square feet located directly adjacent to 101 South Independence Boulevard �.• c ...s- i ,ii.:::: PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property, at its formal session on Tuesday,November 15,2022 at 6.'00 p.m.in the Council Chamber of the City Hall(Building#1)at the Virginia Beach Municipal Center, 2401 Courthouse Drive,Virginia Beach,Virginia 23456. The purpose of this hearing will be to obtain public input to determine whether 3000 Barberry Lane (GPIN: 1495-41-1172)should be declared in excess of the City's needs and be sold. If you are physically disabled or visually Impaired and need assistance at this i meeting,please call the CITY CLERK'S OFFICE at 385-4303: Hearing impaired, call 1-800-828-1120 (Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Office of Real Estate, 2473 N. Landing Road, Building 23, Municipal Center at(757)385-4161. 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 httos://vbeov.webex.com/vbeov/ onstage/g.oho?MTID=eaca28ed ccc6fOf63b7ecc2b86f23514d 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 15,2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON-NOVEMBER 6,2022 (4- Est reCP.,_ �2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring City-Owned Property Located at 3000 Barberry Lane to be in Excess of the City's Needs and Authorizing the City Manager to Sell same to Joseph P. Heilman and Amy L. Heilman PUBLIC HEARING DATE: November 15, 2022 MEETING DATE: December 6, 2022 • Background: In 2005, the City of Virginia Beach (the "City") purchased a parcel located at the corner of Holland Road and Barberry Lane commonly known as 3000 Barberry Lane (GPIN: 1495-41-1172) (the "Lot"), as part of the Holland Road Ph VI Project, CIP 2-158 (the "Project"). The Lot was zoned R5D and consisted of 8,204 sq. ft. The Project was administered by VDOT and the purpose of the Project was to widen Holland Road to accommodate increased traffic. As part of the Project, 2,162 sq. ft. of the Lot was dedicated as right-of-way, Barberry Lane was closed off from Holland Road, a sound barrier wall was constructed, a sidewalk and public utilities were installed in the right-of-way, and several easements for the maintenance of the expanded right-of-way and related improvements (the "Maintenance Easements") were reserved on the Lot. In addition to closing off the Lot's access to Holland Road, the Project also reduced road frontage for the Lot along Barberry Lane to approximately 37.62', and a 1' no ingress/egress easement was reserved on the Lot to restrict access to the Lot. After the Project's completion, the residue of the Lot now contains 6,042 sq. ft. of vacant land, much of which is encumbered by the Maintenance Easements and access restrictions (the "Property"). Joseph P. Heilman and Amy L. Heilman (the "Heilmans") own 3004 Barberry Lane, the parcel that is adjacent to the Property, and have expressed interest in purchasing the Property to be able to build onto their existing home. Although the Property is assessed at $81,000, its appraised value is $9,000, accounting for the Maintenance Easements and deed and access restrictions that will not allow a separate principal dwelling to be constructed on the Property. The Heilmans are offering to purchase the Property for the appraised value of $9,000. • Considerations: City staff reviewed this request and determined that the Property should be sold to the Heilmans. The City will reserve easements for maintenance, utilities, drainage, and access as a part of any sale of the Property. The Property will not be allowed ingress or egress onto Barberry Lane or Holland Road and the Heilmans will be required to resubdivide the Property into their adjacent property to eliminate interior lot lines and create one parcel. The sale will also include a deed restriction that prevents any separate primary dwelling unit from being constructed on the Property. The proceeds from the sale of the Property will be deposited in CIP 100423 (Transportation Safety Improvements). • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. • Alternatives: Deny the request or add conditions as desired by Council. • Recommendations: Approval • Attachments: Ordinance, Exhibit A (Legal Description), Exhibit B (Summary of Terms), Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate\D City Manager: ficp 1 AN ORDINANCE DECLARING CITY-OWNED 2 PROPERTY LOCATED AT 3000 BARBERRY LANE 3 TO BE IN EXCESS OF THE CITY'S NEEDS AND 4 AUTHORIZING THE CITY MANAGER TO SELL 5 SAME TO JOSEPH P. HEILMAN AND AMY L. 6 HEILMAN 7 8 WHEREAS, in 2005, the City of Virginia Beach (the "City") purchased an 9 8,204 sq. ft. parcel located at 3000 Barberry Lane (GPIN: 1495-41-1172) (the "Lot"); 10 11 WHEREAS, the City acquired the Lot for the Holland Road Phase VI 12 Project, CIP 2-158, which was a Virginia Department of Transportation (VDOT) funded 13 and managed project to widen Holland Road (the "Project"); 14 15 WHEREAS, as a result of the Project, 2,162 sq. ft. of the Lot was 16 dedicated as right-of-way for road widening and installation of related improvements, 17 and the 6,042 sq. ft. of the Lot that remains, as more particularly described on Exhibit 18 "A" attached hereto and made a part hereof (the "Property"), is largely encumbered by 19 easements to maintain the expanded right-of-way and related improvements; 20 21 WHEREAS, Joseph P. Heilman and Amy L. Heilman (the "Heilmans") own 22 3004 Barberry Lane, which is adjacent to the Property; 23 24 WHEREAS, the appraised value of the Property is $9,000; 25 26 WHEREAS, the Heilmans intend to build onto their existing home and 27 therefore, desire to purchase the Property for its appraised value of $9,000 in 28 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 29 hereof; and 30 31 WHEREAS, the Project is completed and City Council is of the opinion 32 that the Property is in excess of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the Property is hereby declared to be in excess of the needs of the 38 City of Virginia Beach and that the City Manager is hereby authorized to execute any 39 documents necessary to convey the Property to the Heilmans in accordance with the 40 Summary of Terms and such other terms, conditions or modifications as may be 41 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 42 43 Further, that the revenue from the sale of the Property in the amount of 44 $9,000 shall be received and deposited in CIP 100423 (Transportation Safety 45 Improvements). 46 47 This Ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2022. CA15584 R-1 9/29/22 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p043\00800432.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY bli WorksAReal Estate ity orn Office APPROVED AS TO CONTENT ti B dget & Management Services EXHIBIT "A" LEGAL DESCRIPTION 3000 BARBERRY LANE; GPIN: 1495-41-1172: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "PROPERTY OF CITY OF VIRGINIA BEACH INST. NO. 20050725001138380 D.B. 2578, PG. 704 — (PLAT) GPIN: 1495-41-1172 LOT 347" and further described as "RESIDUAL LOT 347 6,042 SQ. FT. OR 0.13871 AC.," as shown on that certain plat entitled "PLAT SHOWING PROPOSED EASEMENTS AND PROPERTY HEREBY ESTABLISHED AS RIGHT-OF-WAY FOR LOT 347 LANDSTOWN MEADOWS, SECTION FOUR PROPERTY OF CITY OF VIRGINIA BEACH," Scale: 1" = 20', dated April 20, 2021, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202207000088, to which reference is made for a more particular description. RESERVING UNTO THE CITY that certain public drainage easement designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT (STATE HWY. PROJECT 0000-134-145,RW-201,C-501)(69 SQ. FT OR 0.00158 AC.)" and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 69 SQ. FT. OR 0.00158 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain sound barrier maintenance easement designated and described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT (STATE HWY. PROJECT 0000-134-145,RW-201,C-501) (386 SQ. FT. OR 0.00886 AC.) and further described as "PROPOSED SOUND BARRIER MAINTENANCE EASEMENT 386 SQ. FT. OR 0.00886 AC.," as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain 20' public drainage, maintenance and access easement designated and described as "PROPOSED 20' PUBLIC DRAINAGE MAINTENANCE AND ACCESS EASEMENT 1,998 SQ. FT. OR 0.04587 AC." as shown on the aforesaid plat. RESERVING UNTO THE CITY that certain variable width public utility easement designated and described as "PROPOSED VARIABLE WIDTH PUBLIC UTILITY EASEMENT 893 SQ. FT. OR 0.02051 AC." as shown on the aforesaid plat. SUBJECT TO that certain variable width Verizon South, Inc. easement as shown on the aforesaid plat. SUBJECT TO that certain 1' no ingress/egress easement established on the aforesaid plat. SUBJECT TO that certain residual permanent sign easement established in Deed Book 2578, at page 704 and as further shown on the aforesaid plat. SUBJECT TO any and all encumbrances and easements of record whether or not listed herein. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from John A. Anderson and Beverly L. Anderson dated July 19, 2005 and recorded in the aforesaid Clerk's Office as Instrument Number 200507250113838. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASERS: Joseph P. Heilman and Amy L. Heilman PROPERTY: 3000 Barberry Lane; GPIN: 1495-41-1172, consisting of 6,042 square feet (0.13871 acres), more particularly described on Exhibit A SALE PRICE: $9,000.00 CONDITIONS OF SALE: • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Special Warranty Deed. • The Purchasers shall provide a $5,000.00 earnest money deposit upon full execution of the Agreement, and the balance shall be paid by the Purchasers at the time of Settlement. • The Purchasers shall, at their expense, resubdivide the Property to incorporate the Property into their adjacent property at 3004 Barberry Lane. • The Purchasers shall reimburse the City of Virginia Beach for the cost of the appraisal of the Property. • The Property will be restricted at sale to prevent additional principal structures or driveways from being constructed upon the Property. • The Purchasers shall adhere to all zoning ordinances and City Code requirements. • The Purchasers shall be responsible for their own closing costs, recording fees, and attorney's fees. • The Purchasers shall be responsible for all costs associated with the abandonment and removal of the water and sewer taps from the Property. Payment of those costs shall be made to the City of Virginia Beach/Department of Public Utilities. • Approval of this sale shall be revoked if closing has not occurred on or before December 31, 2024, unless extended by City Council prior to such date. �rs..\- roll. N 11� �- Veriz°n W_e ,�:� ' NECK RD Variable W�dEaserpent j I T,. A, 41 S°Uth,►nC S • 70 Firi . ' # • \ r , ,,,. 4 ,41 \ .. ye, ► G you .11,4 ' 'S Ili I -c' . e .• '_._ ,�a�?'''`� • oQ do = 1 rA _ 0 1 .0-4____T- 3, a) 1 a 0. I Potential Purchaser's Property E 1 P 0 See Inset Q w 1 a 0' r cp rn 1 0 ca 0 e 1.:1 ► 'f#0.\, 0 0 1 , ..+. , , , . t , , , 4,..•4 A Legend 1 ', , .♦s �i�i�i`�. 1495-41-1172 1 ; I ��+�.�`�.0�� ` ��`'‘ City Properties666- � ss Easement Variable Width Utility Easement 1,N°ln9ress� 9 Public Drainage Easement RY LN 20' and MaintenanceEasement BARBER Insert �� Drainage Scale:Ere 1" = 25' MIS Sound Barrier Maintenance Easement 7-- _J Easement Lines i LOCATION MAP Note: This property is located L EXCESS CITY PROPERTY in AICUZ Noise Zone >_70 dB and <75dB i3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS GPIN: 1495-41-1172 1495-41-1172 City of Virginia Beach R5D 3000 Barberry Lane mmumm Feet 1495-41-1101 JOSEPH P.&AMY L.HEILMAN R5D 3004 Barberry Lane 0 25 50 100 ti i - 3 is,.. *F,,- � VknVe(lZOn �1 I W .' ,....)'' t vane .: ' '''.,,,A P , .\.. :,, ble Jib*, . , ' : a i � 4. �s r , � ��, .}4 . w; ..-,rl q°' i 4, 'ray ... a tom:; k t•, t,� 'w 1 0, .�.� r. r :ittir ,- ,,,, Ilt; s ' 14 — .J., s -E- e, 4:4 ash` Ttp ' °,� T co 4114 r , i w S',4 f, '922''' \ c I .µ — r v 1 O Potential Purchaser's Property , b_ , ‘i '1:"Att",ti ' *,, Ili 1,ji,..i4g,,,. "`"...,#"" r sire*- ' s, It .sr`..7--'r. ,.-. -, --„--!Ar—,, _ 4 r.... , ... ,\ ,,,,, . ,. , ,. .. , _ , -...,.,. ... p. ,, , - .• __ * 414" y 0 m 1 ,.;ArAi: ''., 4'.' I 1 '' - P ' .. „ A ' , 7.- - - _ , ..., .. el I /,22,.. ,,, ..., . t t *4 : “:, ' Legend 1 0 ‘1 i , . ' 1 �� 1495-41-1172 1 3 1495-41-1101 1 4, ir, 1 s City Properties g s � r Variable Width UtilityEasement V P,ingress)Es_ Public Drainage Easement LN i RBERRY Insert M 20' Drainage and Maintenance Easement BA Scale: 1" = 25' 1118 Sound Barrier Maintenance Easement _ Vie ' \\\\ 1— — — Easement Lines ' LOCATION MAP Note: This property is located d EXCESS CITY PROPERTY in AICUZ Noise Zone >_70 dB and <75dB 3000 BARBERRY LANE GPIN OWNER ZONING ADDRESS ""� GPIN: 1495-41-1172 1495-41-1172 City of Virginia Beach R5D 3000 Barberry Lane Feet 1495-41-1101 JOSEPH P.&AMY L.HEILMAN R5D 3004 Barberry Lane 1 ,\% 0 25 50 100 Disclosure Statement City of Virginia Beath 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 T . jrr \--\e\\mQ n 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 51/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 11.09.2020 Wage Disclosure Statement11/4B City of Vuyvua Bexh Planning& Community Development gist—I' 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 cif 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 XNo • 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 lNo • 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 1No • 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. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Virginia Beach �. . Planning& Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes (\No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conn tion 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 `in J 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. (16 / Applicant Signat'u e it�. �1 I.41 I-1 � I MC( . Print Name and T le e 2- 2_0 2.1_ 6 I c) 30 AD Date Is the applicant also the owner of the subject property? ❑ Yes WNo ro ff ( - • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e Disclosure Statement Planning&Community Development ; ,-' Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e elk/3Disclosure Statement City of Virginia&ud • Planning& Community Development Owner Disclosure Owner Name Applicant Name 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 entity4 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. Revised 11.09.2020 Wage Disclosure Statement 1/13 City of Virginia is Bench Planning& Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ 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 ❑ 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. Revised 11.09.2020 6 I P a g e Disclosure Statement City of Virginia Beath Plann ing &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 ❑ 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 Date Revised 11.09.2020 7 I P a g e OrICtit K..* 7E t a‘ PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 15,2022 at 6:00 p.m. in the Council Chamber of the City Hall (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia on the proposed acquisitions, by agreement or condemnation,of the property and easements necessary for the Shore Drive Corridor Improvements-Phase III Project,CIP 100381 (formerly CIP 2-117). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for this project. 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 1-800-828-1120 (Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center,(757)3854161. 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 rttps•/Ivhgov wPhcxconl(vbgov/ pnstagP/g phpPMTi[l=ear-a2Red rrr•6fOf63h7Pcr.2hS6f2.151 4d 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 15,2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON-NOVEMBER 6,2022 si vy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for the Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2- 117), and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: November 15, 2022 MEETING DATE December 6, 2022 ■ Background: The Shore Drive Corridor Improvements - Phase III Project (the "Project") has been designed to improve safety for motorists, pedestrians, and bicyclists. The Project includes bike lanes, sidewalks, and crosswalks. Property entrances will be consolidated and oriented to the side streets where practical. In areas of known flooding, the roadway profile will be raised. New drainage pipes and structures will be added. Overhead utilities will be relocated underground at intersections and mid- block crossings to improve visibility as well as aesthetics. New streetlights and lower- level pedestrian lighting will be provided. Existing signalized intersections will be upgraded with new uniform mast arm signal equipment. The corridor will remain a four- lane, divided arterial facility with a raised median, with a 35 MPH speed limit. A 5-foot-wide on-street bike lane and a 5-foot-wide concrete sidewalk will be provided along both sides of the roadway within Project limits. The exception is at the west end of the Project, where there will be a 10-foot-wide shared-use path from the Lesner Bridge to Jade Street, to provide a connection to the Cape Henry Trail. The Project first appeared in the FY 2007-08. To prevent construction delays, the City will use fund balance on this Project in place of delayed revenue collection from the Commonwealth until such time as VDOT's new Six-Year Improvement Program is adopted that restores the full amount of revenue sharing to this Project. • Considerations: The Project will require property and easements from 53 privately- owned parcels, one of which has already been secured. Two vacant parcels will be total acquisitions. No residences or businesses are anticipated to be displaced by the Project. • Public Information: Citizen information meetings have been held with various groups, including Bayfront Advisory Committee, Cape Henry Towers owners, Westminster Canterbury, Shore Drive Community Coalition, and Lynnhaven Colony Civic League. A public hearing will be held on November 15, 2022, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which will delay the Project. • Recommendations: Approval of the Ordinance • Attachments: Ordinance and Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SHORE DRIVE CORRIDOR 4 IMPROVEMENTS - PHASE III PROJECT, CIP 5 100381 (FORMERLY CIP 2-117), AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and safety within the City and for other related public purposes for the 13 preservation of the safety, health, peace, good order, comfort, convenience, and for the 14 welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements and entire tracts upon which such 23 rights-of-way or easements shall be located, within the limitations and conditions of Section 24 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 25 plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS - PHASE III CIP # 2-117 26 AND #7-409 PWCN-11-0192; UPC #102739 STATE PROJECT NO. 0060-134-R67" (the 27 "Project"), and more specifically described on the acquisition plats for the Project (plats and 28 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 29 Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 , 2022. PREPARED: 10/20/2022 CA15811 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATE CITY TTORNEY N I W ,J E Site I 111/4 s SHORE DR -... .) GOO 001 VIRGIN! BEACH BL 110: 134•v . 10031001 Ritt 11111 ___s t . so ..1. jnii-c(' sit iiii: 0'.1 .7e-Q tt•vit tria dep „ilia "it iiiiiiii„ .„,,„,\.-..:(\tr.: ‘,.‘„,„: :. --::-,),,,,,,,u,\...„ ii-,,...„. .0\._._.,_ ......t..friii tv...--- ,.... 1-0 ..,-.-ir;, .,,.,.: \ 1 :,..i.. •1 ,,,.,,,.... ,,,,,,..., „._,,,,, _, _, . s.,.,, , „...„,‘„,...i. • v ,..„. .3.„ ..,,,,,e,„„ ,T,,,, \, A .0.• 711: '1.0Wits : .aso, ria<4,11 .\:\ c_sc,,,,,,o,\?;,., ' _ V.. .."01,:ac' -p,,,A 4 0 ---- ,istli iiO4 tv*dtal"illk-, all ' ..' ra•=1 '‘'>' 4.os,,r-0- -• ° = . - c.,- 0 moat-4 toi---AN.-- ..___, 1:, 1, • 17710 ::: ,. °,( 4:1. o �.:' ��.®��'t �;t'9►... . U �,. ��r:ilr �s ®.1p - , ; yam C'r - ,S ► v `i * Qi ►�� ii ._e7'• :4�Fa�a��w�_�l�ra�_®lisi MP 9;31 . -,-- \ z titt,L1u` • -•",, :�► , �, ris��. tie — mul ni mill1011-11MillegliVITIMM laWM Ira . .r„ !, "•� L®�!.,. ►�� _:=1�T..''� ,� �►c' ' =y am',, . ,,,,,„ m �' • , N-'". .:,-. iliiiirgie,fflirigt--.1/4.44 011111.4g41411.1.701216.4°1:1: 6%., r.,:ye-- i 42006 ail .. .._:.,_r_,. 111.-d,_:-3 ;_4 lit,, -� eft o ,,.. c:-J a- * liar E; _ 44, ._......., - - - - nommilillmpng,* \',•, ____,-P-‹--,-„Iirit,, ,,,,\ I,A‘,,„,,MI,I_NI_RP , - . , 4.-... .zi- r . , s , ,,,,,,,.#,, r .„, .. "........._. „' , oi 117 Qcz ..., rim, -,. .,ilfrvwfi ,,,L 0,,,,sigr.trii--- ii,;,,,,, ,,,, , , e-P , io %\, ,.,„,\, . km1116 11• I ck\\ c` ..---ailik10 Nati"tal c, N. =•0,0„400, .,. ri.)M. Z rfrsw i AT _.:,.., , v e GO ita\ 'C-1'1, --------------. _\__-_:z-c: r t 1104 # kik, 0174117 ,,, . ')rolk.,9-*, ,,N...., 0 41, ..L111/16616______ LOCATION MAP SHORE DRIVE PHASE III Prepared by P.W./Eng./Eng.Support Services Bureau 05/16/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\Shore Drive Phase III -t \- **** 0 4 ' ., -a 7+x ‘I'' S , 40. S IR.'4';'S , 't ‘ `':'--- .., V' —I )g 11" .._, ,3. ,✓ , i. , ,ar �_ , a.) _, ,..,.._,.... ,.. • . ..,,,. , ,,,,..,. , .. .,„,„,,,,....... 1%777 1O ° o GR % f a �•► - [11 GREAT o R CAPEA '."-� M EP) . i•;,. „, , .. . _ S 1114,' , '''' , ; > C° Z o G� _ w ttat .„.....sesoir,' Ntr"!. i 3 co' () Go .:z 1,--- ... 11 villig- -, Att. 11111, Waqiii ,4-. Z LLI TtNECK , 01 iota,,,tos . -\i‘ik'GR4=s- to Istt wit-siotiss, L . y', o w ..1. ' 4 ..10 ap ifik D ® 0fao-\.iti---,4,..tri..117_______. . - E.13Aiiiksill fairni &III yr...tan u c'T 10111011. MG IA 11,, ‘Nii Tv too 1 KET eiLijiiiij c i, ® � a lla _# ♦ �,1® lit _..,. ` �■; , :. 1 i - Aizivitit .- . .10210, _ . - .30.,..1.00, 4 c .c-.. - 311Y \'''''s'-ifiltleilliii‘t* *11 tik.- • tii-V - - . Ul CL'occ.:,• • cc , ,•-k6t --. •-•__7--a1:11):i3a13 US 0 IP a'-, 0, 0 ."?.,.:.; 0 ..- _i _14 ii,sillmimimaisil, Wil tit IrmL__, J-11111,-ra/P!"--.. - '. .v - „v..... -- 4 jpi aggicamii ga gm itp, 65, i3 V` it L`11.1 `v Q_t_ � .iw i . 0- u.lis-Tpsk • RDliei ►:11'®1111 411 i it. 0% t s �tia1,p:RD""rQ'wer -AiRE' --::- Ill 00 ,t-...,, -:,--ririi_, ' ; ' ''''CI' S I al I Oil 11- ' 1&V TV r4...4 lifirm I— wi it low 4,01 toil r5/ ._ ' Ors tocia IFFII ail , - 111 O. 0 WIC ,- - ir s;Wit;GNVN'-Pc:' ' _;i fi0c A .- tsi_4\-!..— '.--f,iikv- ,it toc,syr42 ..,,,,..... „.54.1 _ . EG., *'p'4111 ra =� D j rA?, 7---,02-‘---- 4*';‘,---r-'' -s _ ig‘, itigWe la tp ,0004,---?i-.... ,,,...5.\.,.r. add. zap m /1.1-*CA- '"I-"!$; .' ‘''s. #ct &t* (° wive i - -0/ - E .. lik it' ''. ' ' ..'' ,S 4‘k‘,,,Alkle) os‘tvi.mile,"1,110, , t - . -- ''� ��NEWgr z \ \ w .eq\'* '- .'.14'. A tillidif . Wrillir 4 c, o v $C), ." fr- 0 :,(' ---' .•‘`' 'IC') <lC.c i—Up ��'' 1e1c11t"-d w .,�.-. 441 i$4 :ei ��'sp i.,4 .A-Nk-//f/:; Vcr,r%i1b1 '. i f(CaaD)) - t py\r f ' k:_ :, ':',-' .,.„: - . _..:il „..,.„.....,..c.,,,, PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, November 15,2022,at 6:00 p.m.in the Council Chamber,City Hall-Bldg. #1, at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City- owned property to Blazin Wings, Inc. (d/b/a Buffalo Wild Wings): An approximately 4,860 sq. ft. portion of City-owned property located directly adjacent to 101 S. Independence Blvd. (GPIN: 1467- 13-1924),that consists of paved parking spaces. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303: Hearing impaired,call 711(Virginia Relay). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office,Municipal Center, Bldg. 18, Room 228, phone number (757)385 5659. 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 Jittoc'//vbgov.webex com/vognvi pnstagP/g phn2MTID=eaca28e.11 ccr6fOf63h7err2bRFif2;514r1 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 15.2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON-NOVEMBER 6,2022 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned property located adjacent to 101 South Independence Boulevard for five(5)years with Blazin' Wings,Inc., t/a Buffalo Wild Wings Grill & Bar 2. Resolution to ADOPT the City's 2023 Legislative Agenda 3. Resolution to REQUEST the General Assembly AMEND the City Charter re process for filling vacancies in the Office of Member of City Council and Mayor(Requested by Council Member Moss) 4. Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by agreement or condemnation re Winston Salem Avenue Corridor Improvements Project, CIP 100489 (formerly CIP-9-006) 5. Ordinance to AWARD a $5,000 Community Services Micro-Grant to United Full Gospel Revival Center of Virginia Beach re support its annual Thanksgiving Basket Giveaway and Fill the Bag Christmas Drive (Requested by Council Member Wooten) 6. Ordinance to AMEND City Code Sections 27-60 and 27-61 re membership of the Independent Citizens Review Board(Requested by Council Members Henley and Wooten) 7. Ordinance to AMEND the Summary of Terms to EXTEND closing date of five (5) parcels of land located at the intersection of Burton Station and Tolliver Roads to Seniors Unlimited Lifestyles, Inc. as assigned to SUL Tranquility at the Lakes II, LLC 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Bass Inlet (a/k/a Mill Pond) and an existing five(5) foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof, a marginal wharf, and a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2 (Formerly District 7—Princess Anne) 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned canal off Ashville Bridge Creek located at the rear of 2472 Entrada Drive re construct and maintain the replacement of one hundred seventeen(117)feet of bulkhead,and to construct and maintain a dock, boat lift, electric line, and twenty-one (21) tie backs and dead man piles DISTRICT 2 (Formerly District 7—Princess Anne) 10. Ordinance to MODIFY the area proposed for closure and to EXTEND the date for satisfying the conditions re various rights-of-way adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority at: a. Portion of the South Side of 20th Street between Pacific & Arctic Avenues b. Portion of the South Side of 20th Street between Arctic & Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19th & 20th Streets d. 19th Street between Pacific & Arctic Avenues e. All alleys within the block surrounded by Arctic & Baltic Avenues and 19th & 20th Streets 11. Ordinance to ACCEPT and APPROPRIATE $30,000 from the Virginia Department of Forestry to FY2022-23 Department of Parks and Recreation Operating Budget re Princess Anne Commons urban forestry activities I Kum ` CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years for a Portion of City-Owned Property Located Adjacent to 101 S. Independence Blvd. PUBLIC HEARING / MEETING DATE: November 15, 2022 • Background: Blazin' Wings, Inc., t/a Buffalo Wild Wings Grill & Bar ("Blazin' Wings"), leases property located at 101 S. Independence Blvd. (GPIN: 1477-43- 1890) ("Restaurant Parcel") for use as a restaurant ("Restaurant"). The Restaurant Parcel abuts the former Norfolk Southern Right-of-Way (GPIN: 1467- 13-1924), which the City of Virginia Beach (the "City") owns (the "City Property"). An approximately 4,860 sq. ft. (0.11 ac.) portion of the City Property (the "Premises") consists of paved parking spaces that were constructed prior to the City's acquisition of the City Property that are located immediately adjacent to the Restaurant Parcel. Along with its lease of the Restaurant Parcel, Blazin' Wings has been leasing the Premises since 2017 for employee and guest parking for the Restaurant. Blazin' Wings desires to enter into a new lease agreement with the City to continue leasing the Premises for employee and guest parking, and for no other purpose. • Considerations: The lease would be for a term of five (5) years. Blazin' Wings has agreed to pay the City rent in the amount of $510.00 per month ($6,120.00 annually) for the term. The City has the right to terminate the lease upon ninety (90) days' written notice. See the Summary of Terms attached to the Ordinance for more specific terms. • Public Information: A public hearing was advertised in The Virginian-Pilot on November 6, 2022 and will be held on November 15, 2022. Public information will also be provided through the normal City Council agenda process. • Alternatives: Approve Lease as presented, change conditions of the Lease, or deny leasing of the Premises. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE 2 CITY MANAGER TO EXECUTE A LEASE 3 FOR FIVE YEARS FOR A PORTION OF 4 CITY-OWNED PROPERTY LOCATED 5 ADJACENT TO 101 S. INDEPENDENCE 6 BVLD. 7 8 WHEREAS, the City of Virginia Beach (the "City") owns land known as the 9 former Norfolk Southern Right-of-Way (GPIN: 1467-13-1924) (the "City Property"); 10 11 WHEREAS, Blazin' Wings, Inc., t/a Buffalo Wild Wings Grill & Bar ("Blazin' 12 Wings"), leases property known as 101 S. Independence Blvd. (GPIN: 1477-43- 13 1890) (the "Restaurant Parcel"), located adjacent to the City Property; 14 15 WHEREAS, Blazin' Wings has been leasing a 4,860 sq. ft. (0.11 acre) portion 16 of the City Property (the "Premises"), consisting of paved parking spaces that abut 17 the Restaurant Parcel since 2017 and desires to enter into a new lease agreement 18 with the City; 19 20 WHEREAS, Blazin' Wings has agreed to pay the City $510.00 per month 21 ($6,120.00 annually) for the use of the Premises for the term; and 22 23 WHEREAS, the Premises would be used for employee and guest parking, 24 and for no other purpose. 25 26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for the term of 30 five (5) years, between Blazin' Wings, Inc. and the City of Virginia Beach for the 31 Premises, in accordance with the Summary of Terms attached hereto as Exhibit A, 32 and made a part hereof, and such other terms, conditions or modifications as may 33 be acceptable to the City Manager and in a form deemed satisfactory by the City 34 Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 37 day of 20 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM A ney Public Works / Facilities Management CA15792 1\vbgov.com\dfs11a p pl ication slcityiawlcycom32\wpdocs\d0311p024'00840941.doc R-1 November 2, 2022 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED ADJACENT TO 101 S. INDEPENDENCE BLVD. LESSOR: City of Virginia Beach (the "City") LESSEE: Blazin' Wings, Inc. (t/a Buffalo Wild Wings Grill & Bar) PREMISES: Approximately 4,860 sq. ft. (0.11 acre) of City-owned property (known as the former Norfolk Southern Right-of-Way) located immediately adjacent to 101 S. Independence Blvd, consisting of paved parking spaces (Portion of GPIN: 1467-13-1924) TERM: December 1, 2022 through November 30, 2027 (the "Term") RENT: $510.00 per month ($6,120.00 annually) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for employees and guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean, and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason upon ninety (90) days' written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO BLAZIN WINGS, INC. (APPROX.4,860 sf) ,. . . r.� {' .. , , ...„...__ , _ .. -4-i *34 _ lek, - `' ;' '�. .. s. :° .,4 (,yang; , t_ NI 1 p. '� r `k 'r ` tiara o' ill \"'iwic I t aS rt' ' ,t .......".....-"... .44.1 '* 4 1p. ' :it ';' 4 i / 4 i • 4` �ibe; ,, 1-ii :.r _ ram. , , -•. t i y S t t I -+i-• - r ,s.i .•.,. ->•-• - I,I -„-max. •-. - 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 a(&Zt1/k W t"' t,c SAI, Does the applicant have a representative? gYes ❑No • tf yes,list the name of the representative. 9O +c Jov1/4cs, J r ' V ii c e ? cA'c(ok4-,Lov13ovak Cou v4e( Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? XYes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See 0. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) lolPag "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 poison 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 111'_' ag ..-,.-2..., <::f _t s r _.:fit♦ != x' J= y 5�, Y - :44 f _f`'.i,',. Y ♦-• n . S , ' '`r.W-- �4e.�.r f irs-'7.- 1.-3'+�I`.v.� I' R "fy }Ls y"v,,,:t y 1'L4y,i..►1 - F � �4�:. � c�-. S � � , �;� i.�--5. � yam. �-.. � � -�. s _f•e.�...- --tt �:. - � 4h ram'+" 2 � ?,sue. 'f�„�r�*,�l + `ti3_. 3K�3Uc�t 4; �, .. _si.TTj�`: M ;K� �t:Q11�i11i �1t7`Fi.il 'fig ,. ;... ,,,,,, i,, Known Interest by Public Official or 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 )irNo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disdosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes Xtkio • 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 XNo • 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?0 Yes XNo • If yes,Identify the firm and indlvlduai providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner providedK in connection with the subject of the application or any business operating or to be operated cn the property?0 Yes 1No • 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 jNo • tf yes,identify the purchaser and purchaser's service providers. 12;Pag Disclosure Statement . , Planning&Co Development ri 'ac frr;" 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 ArNo • 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 KNo • if yes,identify the firm and individual providing the service. S. 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 XNr) • 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 bearing,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 k ubeit Q. Jones, Jr. vP, r to Coili'!S Date /..3,5 f 22 Is the applicant also the owner of the subject property? ❑ Yes *No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Si ❑ , No changes es of Datature — - - - - - - PT int, ileum 13jPag Continue to Next Page for Owner Disclosure 141Pag Ss 2 _ f.' f ilii 'i `1`0 .3 r t Y (� .y �� .0 • ss.� r • 1 : t � ./ r� r r. Y • f-4 } Y r.rs i,? ^� _ � f- _.s � i i R''C-s� �,��f .0' �`� E F!i-�cS'+W.�^ � .iLf� } 1 a- � F. - �'- adc_ �-t'r�r' � a3-'r„ }• x.,, :; 'r i- . ,.yi• �`, ` _r,.+i --r _ e,, 7 , t _--r a?„::- der •F. �=;r�� t.- £ 11-', ' s. K^{-�-. '�,°is` l - 1 '' i y "`-4-vitsx F °' `..k - it r' �' 1 i . -.,Y ti. • .r yr 1 i. i• .f� 6 7 p f�'. $- X 1=_ -,.ic hb.t:t .'L..4 M4 4- Owner . - Owner Name B(cat vt w%%Arts j riAL Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Se.-ar • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner, (Attach a list if necessary) 5C0.- CCtL-CLCJ-4-‘) 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 y(No • If yes,what Is the name of the official or employee and what is the nature of the interest? I5IPag 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. 4"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 l6IPag • ��- .!.a 3 s r,a.'.�t�s�F f`- ,1� �s r'' - A '' � �: ri�' `..�.e . _XrYfr� :i ly z'y �Sfs.��,-a _ axf t�ei' �` s y-' Jf �! I • - - _ • -�r- z L a •sy r,r "`s�.. 1,0 i. �..i s.. , - .�L-.cY. •� - r _ r j Owner Services 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-cotlateralizetion,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 XNo • lives,identify the financii 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 KNo • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes Allgo • 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 Xtio • if yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor 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 company and Individual providing the service, 7 Does the Owner have an engineer/surveyor/agen 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. 17JPag Disclosure tatement \All" 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 XNo • If yes,Identify the firm and individual providing legal the service. r � 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 ituLlc:i Jones, Jr. iii �::)►iJ(ji 7P, C+t10QeI Date i'C l25— I z� 18 BLAZIN WINGS,INC. Officers Name Title Lyle Tick President Katherine D.Jaspon Chief Financial Officer&Assistant Secretary Nils H. Okeson Chief Administrative Officer,General Counsel&Secretary Robert Q. Jones, Jr. Vice President—Corporate Counsel&Assistant Secretary Buffalo Wild Wings. Inc. Organizational Chart As of October 2. 2022 (FY 2022 03) r :1 Buffalo Wild Wings • BUFFALO Inc WILD (MN) TACO I • w BWLD Global I. Inc. BWLD Global II. Inc. Buffalo Wild Wings Real Wing.Inc. (MN) (MN► International,Inc (KS) IQH) ' --- I . w A Blazin Wings Inc. BWW Jemmy Wings, Taco Wild Inc- (MN) (kJ) (MN) WLD Canada. (ON) I. 4 BWW Le:Park.LLC Rusty Tom*be- NM BWW Waldorf, LLC (MD) w .7BWW Carroll,LLC(,._, (MDI A - `Hudson Spirits.LLC Screamrn Hot Wyoming LLC (WY) _� / rri" g`r: -7-A CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Adopting the City's 2023 Legislative Agenda (2) A Resolution to Request the General Assembly Amend the City Charter to Provide a Process for Filling Vacancies in the Office of Member of City Council and Mayor MEETING DATE: November 15, 2022 • Background: The City Council approves a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. This year's Agenda includes a requested amendment to the City Charter to provide a special election process for the filling of vacancies on the City Council and a separate resolution to request that change. If the vacancy resolution is adopted, the transmittal to the General Assembly will include the affidavit required for a request to amend a local government charter. • Public Information: A discussion was held with the City Council during public meetings on September 13 and October 25, 2022. Public comment on the Agenda was received by the Council during its November 1, 2022 meeting, and a public hearing for the City Charter request was also held on November 1, 2022, after advertisement in the Beacon. • Attachments: Resolutions (2); 2023 Legislative Agenda; Charter Change Exhibit A The 2023 Legislative Agenda is requested by the City Council. The City Charter amendment is requested by Councilmember Moss. REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2023 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2023 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2023 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2023 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of , 2022. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 110/ L4 } City Manager's Office City Attorney's Office CA15961 R-1 October 26, 2022 C I T Y k••_ .Y VIRGINIA B E A C H , V I Itt ,--:--: ,.. .:,,.r_ r. N .. - N iii1 r r x ,. ..,_ .-v_.s...,- -.... ♦w .w... - ...vv..wr- _ ". :./" -- �_�--.tom-.. .44 o.....-..>...... i -...�„a-'- - ..our. .. _ _t t _ - _w (4 41110 is 1,- _ ,-r- I -...- TT; ,' Ini IRS .,.. st. 7.1=- •__ _ --r- 17'.... '; _ Er= . r. ... _, , ,.. ,,,„ , ....‘ _,:,_,____ ,,, , ;., ......:. _.. _ ,;,:.__ ..... -. N a NMI It --:t±- 1 --li .•00 lip, mom - II 111/ . - ■/n 1111Y - I £ III 11�11 RIM ... -_,....„-_---r_li- 1 -_ w �w r T I III III Z i r„1 iii i _.._...1]...I:' 4. ( ��a \�\1` �emn C • 11 \ 1, ...,...._ --— ---7 ji ' E::- --- ill II _ .... 4 kitil-- iiii _ , is A 1 , , .. . .. . _ . , _, ____ • , _ I Me _UM ,,,,, 1..,__._,,,_ ,•'1' \ I . - GENERAL ASSEMBLY PROPOSED Legislative Agenda 2023 SESSION . .3` ri 7. 1 November 9, 2022 ,..,i,.I Table of Contents CITY LEADERSHIP 2 2022 VIRGINIA BEACH CITY COUNCIL MEMBERS 3 GENERAL ASSEMBLY DELEGATION 4 CITY CHARTER AMENDMENT 5 *COUNCIL VACANCIES TO BE FILLED BY SPECIAL ELECTION 5 CONSTITUTIONAL AMENDMENT 8 1 . REDEFINING MARRIAGE TO MATCH CURRENT FEDERAL LAW 8 VIRGINIA CODE AMENDMENTS 9 2. ALIGN HOUSING RELATED FOIA EXCLUSIONS WITH ZONING EXCLUSIONS 9 3. REPEAL OF 1% LOCAL TAX ON GROCERIES 7 4. PLAYGROUND EQUIPMENT COOPERATIVE PROCUREMENT 10 5. EXTEND OR MAKE PERMANENT SALES & USE TAX EXEMPTION FOR DATA CENTERS 11 6. SUSPEND CERTIFICATION REQUIREMENTS FOR EMPLOYEES ISSUING PERMITS 12 7. PUBLICATION REQUIREMENTS FOR PROFESSIONAL SERVICES RFPS 13 8. CLARIFICATION OF BONDS REQUIRED FOR ID/IQ CONSTRUCTION CONTRACTS 14 9. OBSTRUCTION OF RIGHT-OF-WAY VIOLATIONS 15 10. TAXATION ON VAPING AND CANNABIS PRODUCTS 16 11 . LEAVING VEHICLES UNATTENDED AND RUNNING PROHIBITED 17 POLICY STATEMENTS 18 12. RESILIENCY ISSUES 18 13. CANNABIS RETAIL SALES, LOCAL CONTROL 19 14. AFFORDABLE HOUSING 20 15. WOMEN'S RIGHT TO REPRODUCTIVE HEALTHCARE 21 STATE BUDGET REQUEST 22 16. VIRGINIA BEACH MASS SHOOTING PERMANENT MEMORIAL 22 * CHARTER AMENDMENT WILL BE CONSIDERED BY SEPARATE COUNCIL RESOLUTION PROPOSED Virginia Beach 2023 Legislative Agenda 1 a. (71 CITY LEADERSHIP Patrick A. Duhaney City Manager Kenneth L. Chandler Deputy City Manager Taylor V. Adams Deputy City Manager Monica C. Chaparro Assistant City Manager PROPOSED Virginia Beach 2023 Legislative Agenda 2 r___„....,,,,-- it,,,,, ..,,.,. .* 2022 VIRGINIA BEACH CITY COUNCIL MEMBERS Robert M. "Bobby" Dyer Mayor, At-Large Rosemary A. Wilson Vice-Mayor, At-Large Michael Berlucchi District 3 (formerly Rose Hall) Linwood Branch District 5 (formerly Lynnhaven) Barbara M. Henley District 7 (formerly Princess Anne) Norman "Rocky" D. Holcomb District 2 (formerly Kempsville) Delceno Miles District 4 (formerly Bayside) John D. Moss At-Large Aaron R. Rouse At-Large Guy K. Tower District 6 (formerly Beach) Sabrina D. Wooten District 1 (formerly Centerville) PROPOSED Virginia Beach 2023 Legislative Agenda 3 GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. Senate District 6 Senator Jen A. Kiggans Senate District 7 Senator William R. DeSteph, Jr. Senate District 8 Senator John A. Cosgrove, Jr. Senate District 14 Delegate Kelly K. Convirs-Fowler House District 21 Delegate C.E. "Cliff" Hayes, Jr. House District 77 Delegate Barry D. Knight House District 81 Delegate Anne Ferrell Tata House District 82 Delegate Timothy V. Anderson House District 83 Delegate Glenn R. Davis, Jr. House District 84 Delegate Karen S. Greenhalgh House District 85 Delegate Angelia Williams-Graves House District 90 Delegate Robert S. Bloxom, Jr. House District 100 PROPOSED Virginia Beach 2023 Legislative Agenda 4 ‘. 0,s '�; CITY CHARTER AMENDMENT ----- COUNCIL VACANCIES TO BE FILLED BY SPECIAL ELECTION yvV�� Sponsored by Councilmember John D. Moss Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy. If the governing body fails to make the appointment within the applicable 45 days, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election, the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a) every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election; (c) no special election shall be held on the same day as a primary election; and (d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember and mayor. Notwithstanding any provision to the contrary in § 24.2-226 of the Code of Virginia, all _vacancies in the office of councilmember men, from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor, shall be filled by special election to occur on the first PROPOSED Virginia Beach 2023 Legislative Agenda 5 Tuesday after within sixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the term by a majority vote of the remaining members of the council, provided that so long as any of the councilmembers ITIefl are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council-shall-cheese by a majority vote of the remaining members thereof one of its members to be mayor until his successor is elected and qualified in accordance with general law. Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. PROPOSED Virginia Beach 2023 Legislative Agenda 6 r`''�a`` ' VIRGINIA CODE AMENDMENT aIn ` 3, REPEAL OF 1 % LOCAL TAX ON GROCERIES Sponsored by Councilmember John D. Moss Background: The General Assembly recently adopted and the Governor has signed the biennial budget for FY2022-23 and FY2023-24. This budget included text amendments to Virginia Code § 58.1- 611.1 to remove the state sales and use tax on food purchased for human consumption and essential personal hygiene products. The state budget did not alter the local sales and use tax on food purchased for human consumption and essential personal hygiene products. The City Council desires the General Assembly provide enabling authority for a locality to adopt an ordinance to remove the local tax on food purchased for human consumption. At present the applicable provisions of Virginia Code §§ 58.1-605 and 58.1-606 do not provide an option to locally exempt certain classes of products from the local retail sales and use tax. Request: The City Council requests Virginia Code §§ 58.1-605 and 58.1-606 be amended to authorize the City Council to adopt an ordinance exempting food purchased for human consumption from the local retail sales and use tax. PROPOSED Virginia Beach 2023 Legislative Agenda 7 C� CONSTITUTIONAL AMENDMENT cam ,i) REDEFINING MARRIAGE TO MATCH CURRENT FEDERAL LAW zw Sponsored by Councilmember Michael A. Berlucchi Background: The United Nations Universal Declaration of Human Rights proclaims that the right to marry is an inalienable right. The US Supreme Court has stated the right to marry is one of the basic civil rights of man and cannot be infringed upon based on sexual orientation. The right to marry for same-sex couples has been protected in Virginia since 2015. In Obergefell v. Hodges (2015), the Court held that the government may not infringe on a person's fundamental right to marry on the basis of their sexual orientation. Currently, this right to marry would not be protected in Virginia if the US Supreme Court were to overturn the Obergefell case because of Article I, Section 15-A of the Virginia Constitution. Request: The Virginia Beach Human Rights Commission has requested, and the Virginia Beach City Council supports: 1. Repeal of Article I, Section 15-A of the Virginia Constitution; or alternatively, 2. Revision of Article I, Section 15-A of the Virginia Constitution by striking "one man and one woman," and inserting "two consenting adults," as follows: "That only a union between ? -mod o„e woma„ two consenting adults may be a marriage valid in or recognized by this Commonwealth and its political subdivision." PROPOSED Virginia Beach 2023 Legislative Agenda 8 �`s, .y VIRGINIA CODE AMENDMENT il. - - Acr? ,i, LIGN HOUSING RELATED FOIA EXCLUSIONS WITH ZONING i of 4��"dJ:' EXCLUSIONS Sponsored by Councilmember Guy K. Tower Background: During the 2022 General Assembly session, Delegate Angelia Williams-Graves patroned HB980 on behalf of the City of Virginia Beach. On February 8th, 2022 before the House General Laws Committee, Del. Williams-Graves requested that this bill be laid on the table and that the Committee Chair send a letter to the FOIA Council requesting the Council review and take an official position on this legislation. On July 26, 2022 a special committee of the FOIA Council met for the purpose of discussing this proposed bill. The special committee completed its work and planned to make its recommendation at the next regularly scheduled meeting of the FOIA Council. At the October 3'1.2022 meeting of the FOIA Council, the legislation was further discussed among members who were present. However, the Council was 1 member short of a quorum and therefore no official business was able to be conducted. The matter was rescheduled to be introduced at the FOIA Council's next meeting. At that time, pending the presence of a quorum, the Council will vote on whether and in what form to make its recommendation to the General Assembly during the 2023 session. Request: The City Council requests that HB980 from the 2022 General Assembly session be re- introduced, and further requests the endorsement of the FOIA Council for its adoption. PROPOSED Virginia Beach 2023 Legislative Agenda 9 ,s IV VIRGINIA CODE AMENDMENT I—,S , _;; PLAYGROUND EQUIPMENT COOPERATIVE PROCUREMENT yt v./J�Rr W Sponsored by Councilmembers Linwood Branch and Norman "Rocky" D. Holcomb Background: Currently, the procurement statute § 2.2-4304 does not allow design and construction to be performed by the same entity. For playgrounds, installers must be certified to install a specific manufacturer's equipment for familiarity and to support warranty on products. The proposed change to include playground installations would enable localities to utilize cooperative procurement agreements for the concept planning/assembly drawings, purchase of materials/equipment and subsequent installation/assembly of playground equipment. This change would streamline procurement for playgrounds and make the entire process from concept planning to installation much more efficient. Request: The City Council requests that "playground installation" be added as an exemption under Virginia Code § 2.2-4304 from construction limitation under the cooperative procurement statute. PROPOSED Virginia Beach 2023 Legislative Agenda 10 "3 44,E VIRGINIA CODE AMENDMENT • '', EXTEND OR MAKE PERMANENT SALES & USE TAX EXEMPTION . " v FOR DATA CENTERS Sponsored by Councilmember John D. Moss Background: Data centers are a primary driver of economic growth in Virginia, comprising $6.8 billion or 62% of all major economic investments announced last year by the Virginia Economic Development Partnership, according to a report released by the Northern Virginia Technology Council (NVTC). Data centers accounted for as many as 5,550 operational and 10,230 construction and manufacturing jobs, $1.6 billion in employee pay and benefits and $7.5 billion in economic output in 2021, the NVTC report found. Data centers had an approximate total impact of about 45,460 jobs, $3.6 billion in pay and benefits, $15.3 billion in economic impact and generated about$174 million in revenue for the state and about$1 billion in local tax revenue. Currently there is an exemption from taxation in Virginia for equipment leased or purchased for use in data centers. The current exemption sunsets in 2035. Realizing that this is indeed 12 years away, it is important for data center owners and developers to have this certainty when deciding to locate in Virginia, so that as their equipment reaches obsolescence, they can be assured that this incentive will remain. Request: The City Council requests that Virginia Code Section 58.1-609.3, subsection 18.a, be amended to extend or eliminate the sunset provision to allow exemption from taxation equipment leased or purchased for use in data centers. PROPOSED Virginia Beach 2023 Legislative Agenda 11 :,,sr VIRGINIA CODE AMENDMENT SUSPEND CERTIFICATION REQUIREMENTS FOR EMPLOYEES �-;:w,,, ISSUING PERMITS Sponsored by Councilmember John D. Moss Background: Current law requires new employees issuing permits to have at least 3 years' experience and undergo a certification process per the Virginia Construction Code("VCC"). The VCC is only updated every 3 years, and the next cycle is not until 2024. Temporary suspension of this requirement would widen the pool of applicants during the present statewide hiring crisis for these hard-to-fill positions. Request: The City Council requests that the General Assembly direct the overseeing agency, the Department of Housing and Community Development ("DHCD"), to suspend this requirement immediately, recognizing that this is in advance of next 3-year cycle for updating of Virginia Building Codes. City Council further requests that if adopted, a requirement be included that all employees hired to issue permits that do not hold such certifications be subject to supervisory and oversight restrictions, including but not limited to direct supervision by a VCC certificated employee, and such other oversight and training requirements as deemed necessary and appropriate by DHCD to ensure the integrity of the permit-issuing system throughout the Commonwealth. PROPOSED Virginia Beach 2023 Legislative Agenda 12 VIRGINIA CODE AMENDMENT ) PUBLICATION REQUIREMENTS FOR PROFESSIONAL SERVICES REQUESTS FOR PROPOSALS Sponsored by Councilmembers Delceno Miles and Aaron R. Rouse Background: The General Assembly prescribes the manner of advertisement for certain types of procurement. For construction, it is permissible to post an invitation to bid on the Virginia Department of General Services central electronic procurement website or the locality's website, and the locality retains the option of publishing the invitation to bid in a newspaper of general circulation. For professional services, such as architecture and engineering services, a locality may avoid publication in the newspaper only through the posting on the Department of General Services central electronic procurement website. The City desires to align the statutory requirements for posting professional services solicitations with those requirements for construction. The use of the City's website allows for more targeted solicitation and avoidance of unnecessary costs associated with publication in the newspaper. Request: The City Council requests Virginia Code § 2.2-4302.2 be amended to mirror the publication requirements in § 2.2-4302.1(2). For reference, the applicable text of§ 2.2-4302.1(2) is as follows: 2. Public notice of the Invitation to Bid at least 10 days prior to the date set for receipt of bids by posting on the Department of General Services' central electronic procurement website or other appropriate websites. In addition, public bodies may publish in a newspaper of general circulation. PROPOSED Virginia Beach 2023 Legislative Agenda 13 t�;�e��, VIRGINIA CODE AMENDMENT ty 0 A --- :; CLARIFICATION OF BONDS REQUIRED FOR INDEFINITE DELIVERY �`��'"� �� '�s INDEFINITE / QUANTITY CONSTRUCTION CONTRACTS Sponsored by Councilmembers Delceno Miles and Aaron R. Rouse Background: The General Assembly has recently acted to reduce the bonding requirements for certain types of construction contracts. Most recently, SB258 and SB259 in the 2022 General Assembly increased the bond thresholds for transportation projects and removed the prequalification requirement for other bond waiver projects. One specific type of construction contract that has heretofore not been addressed is indefinite delivery / indefinite quantity (IDIQ) construction contracts. IDIQ contracts make no guarantee of work, but these contracts allow a public entity to establish pricing and issue task orders on an "as-needed" basis. IDIQ contract establish an annual not-to-exceed cap for the total work that can be authorized for such contract. The Virginia Public Procurement Act and specifically § 2.2-4337 require performance and payment bonds "in the sum of the contract amount" for any public construction contract above the statutory thresholds. In the context of IDIQ, there have been two approaches. One approach requires performance and payment bonds in the amount of the annual not-to-exceed cap for the total work that can be authorized. The other approach is to require bonds for the dollar amount of the individual tasks. The City of Virginia Beach, in concert with the Minority Business Council, continues to look for opportunities to remove potential barriers to participation in City contracts by Small, Women, and Minority-owned (SWaM) businesses. Because large bond amounts can create a barrier to participation by SWaM businesses, the City seeks clarification regarding the required bonds for IDIQ contracts. Request: The City Council requests Virginia Code§2.2-4337 be amended to authorize the City Council to adopt an ordinance regarding the performance and payment bonds for indefinite delivery / indefinite quantity construction contracts. If adopted, the ordinance would elect to require performance and payment bonds to be provided by contractors based on the dollar amount of the individual tasks instead of the annual not-to-exceed cap. PROPOSED Virginia Beach 2023 Legislative Agenda 14 Isr:)... .^,,, VIRGINIA CODE AMENDMENT =-- :1 OBSTRUCTION OF RIGHT-OF-WAY VIOLATIONS 4.4.% t y.v'V .°N � Sponsored by Councilmember Guy K. Tower Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety- related offenses and violations during the pendency of a court hearing or other final disposition. PROPOSED Virginia Beach 2023 Legislative Agenda 15 r..". VIRGINIA CODE AMENDMENT le, TAXATION ON VAPING AND CANNABIS PRODUCTS Sponsored by Councilmember Guy K. Tower Background: In the 2020, 2021, and 2022 State Budgets, the General Assembly approved a statewide tax on liquid nicotine (aka "vape juice") at a rate of 6.6 cents per milliliter. It has been in effect since July 1, 2020 as a source of state revenue. House Bill 30 from the 2022 General Assembly session also directed the Joint Subcommittee to Evaluate Tax Preferences to continue studying options for the modernization of Virginia Code§ 58.1-1001(A)to reflect advances in science and technology in the area of tobacco harm reduction, and the role innovative non-combustible tobacco products can play in reducing harm. In addition, the Joint Subcommittee has been tasked to study possible reforms to the taxation of tobacco products that will provide fairness and equity for all local governments and also ensure stable tax revenues for the Commonwealth. It is expected that there may be legislation in the upcoming session that addresses adult use cannabis for retail sale. The City wishes to have included in this legislation a mechanism for collection of a local tax on these products in order to address locality-specific issues arising from such legalization and use of these products. Request: The City Council requests the General Assembly grant statewide authority for local governments to establish an excise tax on the sale of vaping products and the sale of cannabis and cannabis-related products. PROPOSED Virginia Beach 2023 Legislative Agenda 16 �`•ii, ,iir.ti VIRGINIA CODE AMENDMENT n '� ".ii LEAVING VEHICLES UNATTENDED AND RUNNING PROHIBITED VNY Sponsored by Councilmember Norman "Rocky" D. Holcomb Background: The Virginia Beach Police Depai tinent has been experiencing a significant number of auto thefts due to drivers leaving their cars running and unattended in such places as convenience store parking lots. As a matter of public safety, keeping unattended cars secure is a priority, and the City supports legislation that would give the police a tool that would deter this dangerous practice that has become quite commonplace. Request: The City Council requests the General Assembly adopt legislation to allow localities to impose a civil penalty for leaving vehicles unattended and running on a highway or in a public place (e.g., parking lot) in order to promote public safety and deter auto theft. PROPOSED Virginia Beach 2023 Legislative Agenda 17 0 ` POLICY STATEMENT rt ._ ,F-/ RESILIENCY ISSUES P �Y� Sponsored by Councilmember Barbara Henley Policy Statement: The City Council supports statewide and regional resiliency efforts that benefit Virginia Beach by submittal of grant applications, implementation of projects, participation in studies, etc. including but not limited to: - Implementation of local projects in the JLUS Study - HRSD Climate Resilience Study - Partnership with Volpe Center on integrating resilience into transportation modeling and planning - Roadway Flooding Sensors Project funded by Implementation Grant from Office of Local Defense Community Cooperative - Regional Resilient Stormwater Management Design Guidelines PROPOSED Virginia Beach 2023 Legislative Agenda 18 A.0 ,4, POLICY STATEMENT el i 1� CANNABIS RETAIL SALES, LOCAL CONTROL L MIO Sponsored by Councilmembers Sabrina Wooten, Michael Berlucchi, Guy Tower Policy Statement: While medical-use and personal use cannabis is legal in certain circumstances in Virginia, localities have no zoning or local taxing authority or ability to hold a referendum to decide whether or not a community wants marijuana retail businesses to operate in its boundaries. The City Council is in support of legislation that: - Gives localities liberal local ordinance and zoning authority - Provides a statutory role for localities in the licensing process - Allows for expanded taxation for localities PROPOSED Virginia Beach 2023 Legislative Agenda 19 2- 1, iPOLICY STATEMENT -- -,? AFFORDABLE HOUSING Sponsored by the Virginia Beach City Council Policy Statement: The City Council is in support of legislation that: - Enables localities to incentivize affordable housing, as defined by the locality, in site development and the City's comprehensive plan - Preserves and promotes local planning and zoning authority - Creates a statewide portal to attract and assist developers PROPOSED Virginia Beach 2023 Legislative Agenda 20 POLICY STATEMENT �� WOMEN'S RIGHT TO REPRODUCTIVE HEALTHCARE 30. Sponsored by Councilmembers Aaron R. Rouse and Guy K. Tower Policy Statement: Virginia law provides that an abortion can be performed during the first two trimesters of a woman's pregnancy. After that, it can only be performed if the patient's life is at risk or if three physicians certify that the continuation of the pregnancy is likely to substantially and irremediably impair the patient's mental or physical health. (Va. Code §18.2-72 and 73). Bills are expected to be introduced in the 2023 session to restrict a woman's right to reproductive healthcare. The Virginia Beach Human Rights Commission has requested support of the current law and objection to any changes that would take away these rights. The City Council supports the Virginia Human Rights Commission's request to keep intact the present law in Virginia regarding women's rights to reproductive healthcare, specifically the provisions of Va. Code §18.2-72 and 73. PROPOSED Virginia Beach 2023 Legislative Agenda 21 ` ' ` STATE BUDGET REQUESTgrit * )A VIRGINIA BEACH MASS SHOOTING PERMANENT MEMORIAL Sponsored by Virginia Beach City Council Background: In the aftermath of the 5/31/2019 mass shooting in Virginia Beach, victims' families, survivors, members of the public and recovery professionals advised City Council that installation of a permanent memorial is a critical component for the community to heal, recover, and move forward. Following this advice, the City Council established the 5/31 Memorial Committee and hired consulting firm Kearns & West to facilitate the memorial planning process. In September 2022, the City issued a nationwide Request for Qualifications (RFQ) from professional design teams, and from the submissions the 5/31 Memorial Committee will select two finalists to submit conceptual design proposals and budgets for the memorial. Each finalist will be awarded a $10,000 stipend. The Committee will select one design team for recommendation to City Council based on their written and visual conceptual design and qualifications. This will occur in early Spring 2023, with construction anticipated to begin in FY24. Research has revealed that budgets of comparable memorials range from $2-5 million, with funds comprised of state, local and private support. The City has been funding the memorial efforts for the consultant, staff and administration for the Committee as well as associated incidentals, and is at the point where further financial resources are necessary. Request: For the upcoming December Governor's budget amendments, the City requests an allocation of$2 million to assist the City in the construction of a permanent memorial in remembrance of the victims of 5/31. PROPOSED Virginia Beach 2023 Legislative Agenda 22 L � Ak..„,, l' \, (-- i 1! , L � i' I//1///1rrii 1 •• Ii1 /i/11 , Mai �/ • Y �0 11 IN LP Ei .4, :, FL-2-u.._ futf_ur ILI .<2,, u _o_nas wet 1 0111N11111 III 10/111811 Wilt I II III IN ' . J i ma it Hi a ' 1 a1titIT ., J le DO 00 1 , I 'PO f- °nu — I . f...., MI i 1 . .L. , .1i ' 11 II li / IL -lir-- 1 1 L. 0 1 tivi - Office of the City Manager tip` ;$:t Debra M. Bryan, Esq. Municipal Center— Bldg 1 O fro Legislative Affairs Liaison 2401 Courthouse Drive II. %1 Office: (757) 385-4242 Virginia Beach, VA 23456 v ---.,. Cell: (757) 375-6630 www.vbgov.com ssa dbryan@vbgov.com 1 °UR N0 REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO PROVIDE A PROCESS 3 FOR FILLING VACANCIES IN THE OFFICE OF MEMBER 4 OF CITY COUNCIL AND MAYOR 5 6 WHEREAS, the City Council held a public hearing at its November 1, 2022 meeting 7 to receive input from the residents regarding a proposed amendment to the City Charter; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA, THAT: 11 12 The City Council hereby requests the General Assembly amend § 3.03 of the City 13 Charter to provide a process for filling vacancies in the office of member of the City 14 Council and mayor. The attached Exhibit A, which is incorporated herein, provides the 15 requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: orn y's Office CA15960 R-1 October 26, 2022 EXHIBIT A FILLING VACANCIES IN THE OFFICE OF COUNCILMEMBERS AND MAYOR SPONSORED BY COUNCILMEMBER JOHN MOSS Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy or, in the case of the City where a local charter provision applies, there are 60 days to fill the vacancy. If the governing body fails to make the appointment within the applicable period, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election,the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a) every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election;(c)no special election shall be held on the same day as a primary election; and (d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember-men and mayor. Notwithstanding any provision to the contrary in § 24.2-226 of the Code of Virginia, all -vacancies in the office of councilmember men, from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor,shall be filled by special election to occur on the first Tuesday after within sixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the terms by-a majority vote „f the rem ain; ma yerGrs of the counc;l, provided that so long as any of the councilmembers men are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council shall choose by a majority vote of the remaining members thereof one of its members to be mayor until his successor is elected and qualified in accordance with general law. Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. ( r �. ri� �N :''titiL. 7 (.:t` S:l CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize acquisition of temporary and permanent easements for the Winston Salem Avenue Corridor Improvements Project, CIP 100489 (formerly CIP 9-006), either by agreement or condemnation. PUBLIC HEARING DATE: November 1, 2022 MEETING DATE: November 15, 2022 • Background: The Winston Salem Avenue Corridor Improvements Project, CIP 100489 (formerly CIP 9-006) (the "Project") will provide improved vehicular and pedestrian access and connections along Winston-Salem Avenue and create a safer transition from the resort area to the adjacent residential neighborhood. The Project will construct a two-lane roadway with the potential for on-street parking and a 5-foot-wide sidewalk on the north side and a 9-foot sidewalk on the south side of Winston Salem Avenue within a 50-foot right-of-way along Winston Salem Avenue, between Pacific Avenue and Mediterranean Avenue. In addition, the Project will include improvements to the stormwater system and public utilities (water and sewer). • Considerations: The Project will require the acquisition of temporary and permanent easements from 6 properties. No people or businesses will be displaced by the Project. Authority is requested to acquire the necessary easements (temporary and permanent) by agreement or, if necessary, by condemnation. • Public Information: A Citizen's Update meeting was held on November 23, 2019. A public hearing was held on November 1, 2022, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which will delay the Project. • Recommendations: Approval. • Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineerin City Manager: Orp 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 WINSTON SALEM AVENUE CORRIDOR 5 IMPROVEMENTS PROJECT, CIP 100489 6 (formerly CIP 9-006), EITHER BY AGREEMENT 7 OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City, enhance pedestrian safety, improve the stormwater system, 12 upgrade public utilities and for other related public purposes for the preservation of the 13 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 14 in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of all those certain temporary and permanent easements 22 (the "Property"), as shown on the plans entitled "WINSTON SALEM AVENUE CORRIDOR 23 IMPROVEMENTS" (the"Project"), and more specifically described on the acquisition plats 24 for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on 25 file in the Engineering Division, Department of Public Works, City of Virginia Beach, 26 Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2022. CA15809 PREPARED: 10/11/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p049\00832989.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY C SI A URE CITY ATTORNEY p,\A DEPARTMENT _ 1.0.004,i, ,,,,,,:i.41,... • ,N_...., 1 •11Nr•••••••-•;••••----- '4, t} ; ,.. , 1"10.1 • • ' '''',4 ' 1 ''' . , •• .11,.. 47 . . 44. , i r7\''\''.-.r , , „,„ ilk 4,,,,, 1.. ...-„, 0 .., 0.-v,,,-,poe r '. ,;..,:i '',,„,i• - ,, . ,.-,, •. . *.., .- '•-1. A\c,AY - # t- ". 4 1 , ..,,C.' L':" .1' ' \•1•,..„•‘.1. 1 ''.. • ... w-••••••••• E ••. • • •••• x_„,,, ,,..., , • 1:.1tV 1 , , , ii ' - v—• • , • t••'\ ..4 V 1 "....;.app111111111 .-- -----it_ " . 1 V 411"' • • ' - . ) 1 11 1, - ';; '4; „: ..•it! ' .. . ... ‘.. * 4, ..... !\ ' 1-7. ' — 'IL . 101 'r, "4.i'lAtit %•, e -, ..f...- . _4, Iliwi'm . ,,\• , ' ....-01i t s.,..- . • 't 4 „, k , )0• \ •. .. '- t g i it, ' l ,. de • '-qt, .11 - -. Pr , , , i, - • 7 1, . 't-'• A i., -gPs. 1 7"- ,• ' t- e 0., ...- , Jod 0 - g ,;Oth.• *. - \ ,, w 4p...„.„.s • . *,, , .k .....11\ i11 4 *1. ,tt,,,,, .. . . ••• . ... -; -- , ,.,. • , -• -',..-, i: . , ••• ,-ir li 1 1' .., , , ,<X4 .. - ., . • i k ^ • o• , •• ..,‘„ .,f•Nik- 46, V-•' 7441V,' ot1,-q. 1 .'''' IV•, , wir - 4*oi, •ii1 a' „ ,--\-.-- , - _ , 0.,, •,..„ • ' ',, ''t'• il, ' ' 417 k.`' ,,, r'. 4 '! ,-•"' ' en , .... .',1. .*-, , ,.. m, ,..,*-, 1 :,..t ; -"I • ----„, 41,,..*: . a .-i . t•I . • • 1 . e‘ # • , ._ .., .,,I:.1 I, 1\ - •,1-- 1 . '...-..'. • .: • • • .i•$ \ A PS ""-• • . ;,,.••,ii _..,. ...4'",974*ir ' ,,,,,H...;,' ' ' 5 \ • .-.-- \ el.. 1,111 - . • r 1 .. --.. t, . . 7 - _.,,,..1%•• ,'• . ,_.,..._,. , -,-- . * . I If of' IVIVN, .- . ti,""_•iett: ,,,,..••• • ••,-.,1..• •:, A g• * 01111'''' -• , , . . \\ 1 • ,.- a co e e„ r cii . . tiavo4 iiissails ilit Iit, ci 1 • . 410. tiiiro _ , tilL-iii ,..- ait, • LIB 4 , 11 -. '1,iiti, * • 1 ..•• '- . , • 101119- * -.* , } _ - • it • 1 .9; Legend ' 100 lir ao Project Area ,--1 CO City Properties • , . ; g VII .011*- Zei NOTE: -410 tOOP cr, w w LOCATION OF FEATURES ARE APPROXIMATE. Plii°' ,, • SEE PROJECT PLANS FOR MORE DETAIL. ,,,,,......n.rw t,I,4,,,,I....-....1,1•••n, LOCATION MAP 1.1761N ELR I IN 6 4'.41;PAgA Winston Salem Avenue Improvements CIP 100489 Sq,PPIIT ...E_-_-,...m Condemnation Package Area Map 1 , Go a,AVE I a �lg`^1001-Iva N .. Ve""le t\ I E 1 mil.% ° e r r r_, 1` • L ,1 `5 r. 6 v .p.,A It V,_ ilp 434 41..... v,_ . it`s' 41 Me16, , 1 - co -__ -Pi .. Tr ,..: j • ',,, AR • GTIG AVE f Cl. ;�a. PAP -, - .i' Cti U g i w � -17.: et, a_ E < , ,,.. \ ,x : a ii ,- , lit � C d di L . _ -1r 11 a •f O ,1 - LIZ „ipi ,, . -_- . • __ , • _ ,. - ., ale� F r� imi a iv-- _� � 1' g c 11‘`. % , _ - - o # . ,, r4k, .,ii , .,.. .y• am } /[ • �. c C_ Y * . __. _ 0_4i_: ,,,,\ , ,,f II y,qr rL..,i : - ?. 4010,, .. i . ill #jy ii,w1 fit .- '' '':' .. - ,....k skiff/. , it , 41 ""' C\ 1 i., O IC- r rY �, - ,a' 'ti - d t:\ , ' ¢ Q Ce CO 0 r _ 7 • W uL 2 � cc ©. N �; p W a ^ }„ LL s Sv " * 3 f,:.a. MEp\TERf' iiit C a W Q d : 0` �i f �t . r d H U W i Gs-." z-.'r �' ,_. .:mac s Z J N CJ� r NIA•B''C� r• w••fie yil c4�i J�! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $5,000 from the General Fund Reserve for Contingencies to Non-Departmental "Opportunity Grants" and to Authorize a Community Services Micro-Grant to United Full Gospel Revival Center of Virginia Beach MEETING DATE: November 15, 2022 • Background: United Full Gospel Revival Center of Virginia Beach is a Virginia non-stock corporation. This entity requests a Community Service Micro-Grant in the amount of $5,000. The entity has been active in the community of Virginia Beach since 2018, and in the last few years, it has partnered with the City of Virginia Beach Human Services Department, Princess Anne High School, Edmarc Hospice for Children, Sentara Hospice, Suffolk & Portsmouth Public School, Ronald McDonald House and many others. During the holiday season, the entity solicits monetary and in-kind donations to help fund its annual "Thanksgiving Basket Giveaway & Fill the Bag Christmas Gift Drive" that provides essential supplies to support the needy at this time of the year. Through the continued generosity of donors and sponsors in the past, the organization has been able to provide food, gifts, and necessities to more than 2,000 families, seniors, students, and other individuals in the community. • Considerations: United Full Gospel Revival Center of Virginia Beach is seeking this grant to support its annual "Thanksgiving Basket Giveaway" and "Fill the Bag Christmas Gift Drive." The grant is in addition to donations from the organization's other donors and sponsors. The grant will help cover some of the cost of meals, gifts, and basic necessities that are handed out, and if awarded, the grant will increase the number of individuals and families that will receive services. The attached ordinance references a recent amendment to the Virginia Code that allows grants to churches and religious organizations. If approved, this grant will comply with the updated language of the Virginia Code. Specifically, the local funds may be used for secular purposes without regard to the religious affiliation of the recipients of the services. The total FY 2022-23 Operating Budget line item for Community Service Micro-Grants has a $0 balance because all of the funding has been awarded this fiscal year. Funding for this grant is recommended to be a $5,000 transfer from the General Fund Regular Reserve for Contingencies to the Non-Departmental "Opportunity Grants" For FY 2022- 23, to support the community service micro-grant request. If this request is approved, the balance of the General Fund Regular Reserve for Contingencies will be $1,144,301. Once awarded, it may take one to two weeks for payment to be made to the organization. • Public Information: Normal City Council agenda process • Attachments: Ordinance, Application, Disclosure Form Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 AN ORDINANCE TO TRANSFER $5,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 NON-DEPARTMENTAL "OPPORTUNITY GRANTS" AND 4 TO AUTHORIZE A COMMUNITY SERVICE MICRO-GRANT 5 TO UNITED FULL GOSPEL REVIVAL CENTER OF 6 VIRGINIA BEACH 7 8 WHEREAS, in its 2022 Session, the General Assembly amended Va. Code § 15.2- 9 953(A) to allow grants to certain churches and religious organizations "provided that all 10 governmental funds received from the locality are used to provide community services for 11 secular purposes without regard to the religious affiliation of the recipients of such 12 services;" 13 14 WHEREAS, the proposed micro-grant supports an annual Thanksgiving Basket 15 Giveaway and Fill the Bag Christmas Gift Drive, and such programs are offered without 16 regard to the religious affiliation of the recipients; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. $5,000 is hereby transferred from the General Fund Reserve for Contingencies 22 to Non-Departmental "Opportunity Grants." 23 24 2. A Community Service Micro-Grant in the amount of $5,000 is hereby awarded 25 to United Full Gospel Revival Center of Virginia Beach to support its 26 Thanksgiving Basket Giveaway and Fill the Bag Christmas Gift Drive. 27 28 3. The funds provided herein are strictly limited by Virginia Code § 15.2-953 and 29 any use of such funds for unauthorized purposes shall result in the forfeiture of 30 such funds and claw back of such funds by the City. To that end, a report of 31 expenditures of grant funds shall be provided to the City within 30 days of 32 expenditure, and all such reports of expenditures shall be submitted prior to 33 June 30, 2023. 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: Audget&__Clutth6bt) & Management Services or ey's Office CA15969 R-1 November 2, 2022 r k City of e\B VDVirginia Beachn : ..,,,,,,,,,,:,,,,-„,„,,:,..,,,,,,, :::...„,_:,,y,; , .,,,,„ -,,,...„:,._i. ,_,,,.: , .„, .„ . .. COMMUNITY SERVICES MICRO-GRANT APPLICATION ., a Organization Name: Q( Q CP,t1)-\e- (A ItCcif)kct 6,-(-t-\---' , , Address: 'ial CQ_C)\-(e,t C 4N - trl,„:2>eri..0.,L\Vc,274-(0,2 . l Phone: -5-1 - 1 ' ' Email: \Ce__`( 1 trc,Q.C • �A�'_ l Y -t. � , Cc Amount of funding requested: $ 5(-)t)-b ($250 minimum/$5,000 maximum) City Council Sponsorship: , As a member of the Virginia Beach City Council, I hereby authorize my support of this i application only for consideration and potential approval by the City Manager. ;71 1( (/'1.--74. City ncil Member Printed Name/Signature to Organization Status/Category .4,,4 � x r -� 1 : Please select the option below that best describes your 501(c)(3) organization: ❑ Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt -. p _ number:: � �� s¢ �, �� >.��p� = ��- 4 £z ❑ Recognized government entity: state, county, or city agency, including law enforcement, fire, or EMS departments (including volunteer organizations) requesting funds exclusively for -,,i, public purposes. - :.". ":_ . - .....: ........ . ._w"= v :. . _ - ❑ K-12 public/private school, charter school, community/junior college, state/private college,„e r, or university. s -kk' Ew a $, � s , ❑ Nondenominational organization, if authorized by Virginia State Code, Section 15 2 9534, 1 _: with a proposed project that addresses and benefits the needs of the community at large Page l of 3 /Non-profit organization having state, regional, or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes ❑ /No V If yes, please select the organization. ❑ American Cancer Society ❑ American Diabetes Association ❑ United Way ❑ American Heart Association ❑ Children's Miracle Network ❑ N/A ❑ Other Supporting Documentation Please type and attach the following information with your application. Applications without the following attachments will be incomplete, and not considered for approval. ` 1. Does organization d gr / the communities your within the cityan limitsthe of Virginiaproposed Beachpro? Pleaseamservice explain howdirectly(500 wordsbenefit or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the e program/project implementation time line (No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnership has existed. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date, and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. Page 2 of 3 The City of Virginia Beach reserves the right to hold me and/or the organization I represent,via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the City. `/ 1 Organization Name: Ve-�(( .0 Ce/'(l c cGJ u �Cl (Printed Name) Authorized Agent: (Printed Name) Authorized Agent: Y`0 \ g • - . Ile Authorized Agent: UMW ( '':nature) VArAtate Date: /0--/ 9‘9- . r a F, E 86- Page 3 of 3 E. 41 Revival Center Virginia Beach BUILDING ONE FAMILY,ONE COMMUNITY AT A TIME 1. Revival Center Virginia Beach has several outreach programs and community initiatives that have directly benefited the communities within the Virginia Beach city limits.To include but not limited to assisting the Food Bank of Southeastern with distributing non-perishable food, produce,meat,canned goods, and other foods items for over 2,000 families&partnering with the City of Virginia Beach Human Services,Senior Hospice House,Princess Anne High School, Samaritan House,Her Shelter,and Loving&Caring Ministries Shelter to provide over 3,000 families, individuals,children,and seniors with Thanksgiving&Christmas food baskets,toys, clothing,blankets,toiletries,and more.Additionally,we have distributed care packages to the homeless throughout the city of Virginia Beach. 2. Our RC Gives Initiative was implemented to meet the needs of the communities within the Virginia Beach city limits and other surroundings areas. Whether it be food, employment resources, housing assistance, guidance, etc. Please see the attached 501(c)(3) documents 3. No, Revival Center Virginia Beach is not currently receiving any funding from the city of Virginia Beach 4. No, Revival Center Virginia Beach has not currently or previously received any funding for any past program, service, or project. in Revival Center VA 1 O @RevivalCenterVA I 11, RevivalCenterVA I 0 Revival Center VA DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: �� CQ( x � t SC rk SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER (use additional sheets if S needed) Accounting and/or preparer of your ❑ tax return Financial Services (include El lending/banking institutions and current mortgage holders as applicable) ❑ ^.,, / Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Counci action of on this Application. C4-0c1. c_ &'f\W(\ A PLICAN S SIGN• '' PRINT NAME D E ram ��y ki,..........., rd ..i .,., t_ 2) _. ,;), _..,--, Lp n V^.I t4`ry CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend City Code Sections 27-60 and 27-61 of the City Code Regarding Members of the Independent Citizens Review Board MEETING DATE: November 15, 2022 • Background: In accordance with state law, the City Council adopted an ordinance that established the Independent Citizens Review Board, which will serve as a civilian oversight body of the Police Department. The resulting City Code provisions require that the board consist of eleven voting members and two non-voting advisory members with law enforcement experience. State law prohibits any person currently employed as a law-enforcement officer from serving on such boards, but it allows retired law-enforcement officers to serve as non-voting advisory members, provided that the retired officers may not have been previously employed by the Virginia Beach Police Department but shall have been employed by a locality that is similar to Virginia Beach. The City Code currently provides that all members, including the non-voting members, must be Virginia Beach residents, and it requires that the board's membership should reflect the racial, gender/gender identity, and socio-economic diversity of the City's population. Finally, the City Code includes a list of disqualifiers for membership, one of which prohibits a person from serving on the board if he or she has any outstanding judgments, which arise out of unpaid debts. • Considerations: This ordinance would make three changes. First, it would amend the current requirement that there must be two non-voting advisory members by instead providing that the board may include up to two such members. Second, the ordinance would exclude non-voting advisory members from the requirement that all members reside in the City of Virginia Beach, which would widen the pool of persons eligible to serve as advisory members. The third change would remove the City Code provision that disqualifies applicants from membership if they have outstanding judgments. Removing this barrier to membership could better enable the City Council to make appointments that reflect the socio-economic diversity of the City's population. • Public Information: This ordinance was the subject of City Council discussion during their public meeting on November 1. Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmembers Henley and Wooten REQUESTED BY COUNCILMEMBERS HENLEY AND WOOTEN 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 2 27-60 AND 27-61 REGARDING MEMBERSHIP OF THE 3 INDEPENDENT CITIZEN REVIEW BOARD 4 5 SECTIONS AMENDED: 27-60; 27-61 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 27-60 and 27-61 of the Code of the City of Virginia Beach, Virginia, 11 are hereby amended and reordained to read as follows: 12 13 Sec. 27-60. Establishment of the board and membership requirements. 14 (a) There is hereby created the Independent Citizen Review Board as a law-enforcement 15 civilian oversight body of the Police Department. The board shall consist of eleven 16 (11) members, ac well as and may include up to two (2) non-voting members with 17 law-enforcement experience, with a preference for persons with at least fifteen (15) 18 years of law-enforcement investigative experience, all of whom shall be appointed 19 by the City Council and shall serve at the pleasure of the City Council. In accordance 20 with the requirements imposed by Code of Virginia § 9.1-601(E) or its successor 21 provision, any person currently employed as a law-enforcement officer as defined in 22 Code of Virginia § 9.1-101 or its successor provision is ineligible to serve as a 23 member of the board, but a retired law-enforcement officer may serve on the board 24 as an advisory, non-voting ex officio member; provided, however, that such retired 25 officer shall not have been previously employed as a law-enforcement officer by the 26 Virginia Beach Police Department but shall have been employed as a law- 27 enforcement officer in a locality that is similar to the City of Virginia Beach. 28 (b) The membership of the body shall reflect the demographic diversity of the City. 29 Appointees The eleven voting members shall be eligible to vote, reside in the City of 30 Virginia Beach, and should reflect the racial, gender/gender identity, and socio- 31 economic diversity of the City's population and be chosen on the basis of expertise 32 and experience in fields relevant to the performance of the board's duties. The 33 Council shall strive to appoint at least two (2) members under the age of 40. No 34 member shall be a current City employee, but voting members may include former 35 City employees if honorably separated from service for at least five (5) years. 36 Appointments shall be consistent with the membership disqualifiers set forth in the 37 next section of this Code. 38 Sec. 27-61. Membership disqualifiers. 39 (a) No person may serve on the Board, in either a voting or nonvoting capacity, if any of 40 the following apply: public office holder or candidate for such office; employed by, or 41 immediate family member of someone employed by the City; current employee of 42 any law enforcement agency; convicted felon (unless rights have been restored and 43 the felony conviction did not involve moral turpitude, a sex offense, domestic assault, 44 offenses involving children as victims, gun violations or any crime of violence as 45 defined in Code of Virginia § 18.2-288 or its successor provision); a person convicted 46 of any misdemeanor involving moral turpitude, sex offense, domestic assault, or 47 offenses involving children as victims or gun violations; currently or previously subject 48 to a protective order; less than honorable discharge from the military; multiple DUI 49 convictions within ten (10) years; any pending criminal charges/adjudication; 50 outstanding judgements; pending litigation against the City by the appointee or 51 immediate family member; or pending litigation against a law enforcement officer by 52 the appointee or immediate family member. For the purposes of this section, the term 53 "immediate family" shall be defined as set forth in Code of Virginia § 2.2-3101 or its 54 successor provision. 55 (b) Any appointee shall promptly self-report changes in circumstances that may cause 56 him or her to be disqualified. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ./ t/u.4 -4Z — City Attorney's Office CA15965 R-1 October 31, 2022 2 � l • g' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of five (5) parcels of land located at the intersection of Burton Station and Tolliver Roads (GPINs 1458-88-2715, 1458-88-2897, 1458- 89-2090, 1458-89-3052, 1458-89-2065) to Seniors Unlimited Lifestyles Inc. as assigned to SUL Tranquility at the Lakes II, LLC MEETING DATE: November 15, 2022 ■ Background: On December 10, 2019, by ORD-36050, City Council authorized the sale of five (5) parcels of land at the intersection of Burton Station and Tolliver Roads (collectively, the "Properties") to Seniors Unlimited Lifestyles Inc., as assigned to SUL Tranquility at the Lakes II, LLC (collectively hereinafter "SUL") to create an affordable senior housing development similar to SUL's facility across Tolliver Road. A purchase agreement to sell the Properties to SUL for the appraised value of$715,000 was fully executed on March 31, 2020. • Considerations: The Summary of Terms attached to ORD-36050 contained a provision that the sale of the Properties must occur on or before December 3, 2022 unless extended by City Council prior to that date. SUL has obtained the housing tax credits to complete the purchase. Additionally, SUL has received their Conditional Use Permit and has obtained site plan approval. Their resubdivision plat to vacate interior lot lines is under review. However, due to supply chain issues, staff shortages, and other financing issues, SUL has requested permission to extend the closing date to December 31, 2023. City staff is agreeable to the extension. ■ Public Information: Advertisement via the normal City Council agenda process. • Alternatives: Deny the extension. ■ Recommendations: Approval. • Attachments: Ordinance, Amended Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: 1 AN ORDINANCE TO AMEND THE SUMMARY OF 2 TERMS TO ALLOW AN EXTENSION OF THE 3 CLOSING DATE ON THE SALE OF FIVE (5) 4 PARCELS OF LAND LOCATED AT THE 5 INTERSECTION OF BURTON STATION AND 6 TOLLIVER ROADS (GPINS 1458-88-2715, 1458-88- 7 2897, 1458-89-2090, 1458-89-3052, 1458-89-2065) 8 TO SENIORS UNLIMITED LIFESTYLES INC. AS 9 ASSIGNED TO SUL TRANQUILITY AT THE LAKES to II, LLC 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of five (5) 13 parcels of land totaling 65,147± sq. ft. (collectively, the "Properties") located at the 14 intersection of Burton Station and Tolliver Roads, and more particularly described on 15 Exhibit "A" attached hereto and made a part hereof; 16 17 WHEREAS, On December 10, 2019, by ORD-36050 (the "Ordinance"), 18 City Council authorized the sale of the Properties to Seniors Unlimited Lifestyles Inc., as 19 assigned to SUL Tranquility at the Lakes II, LLC (collectively hereinafter "SUL") to 20 create an affordable senior housing development similar to SUL's facility across Tolliver 21 Road; 22 23 WHEREAS, on March 31, 2020 the City entered into a purchase 24 agreement with SUL to purchase the Properties for the appraised value of$715,000; 25 26 WHEREAS, the Summary of Terms attached to the Ordinance as Exhibit 27 "B" contained a provision that the sale of the Properties must occur on or before 28 December 3, 2022 unless extended by City Council prior to that date; 29 30 WHEREAS, the parties have diligently pursued achieving the sale; 31 however, due to various issues and constraints, SUL has requested permission to 32 extend the closing date to December 31 , 2023; 33 34 WHEREAS, City staff is agreeable to the extension; and 35 36 WHEREAS, SUL intends to purchase the Properties in accordance with 37 the Amended Summary of Terms attached hereto as Exhibit "B" and made a part hereof 38 (the "Amended Summary of Terms"). 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the terms for the sale of the Properties to SUL are amended in 44 accordance with the attached Amended Summary of Terms and such other terms, 45 conditions or modifications as may be acceptable to the City Manager and in a form 46 deemed satisfactory by the City Attorney. a31140 s,Aewogv 1!3 �A3N3I3lAAf1S 1VO31 01 SV a3AObddd uo fleMeS9Jd pooypogy61eN V 6ulsnoH Jo luetuliedeCI elEls3 I M • �. )71Thi 0 °it/ 1N31NOO 01 SV O]AOHddV 1N31NO3 01 SI/03AOZiddV ZZ/90/I.I. 1.11 91.89 IV3 'ZZOZ ` ;o Asp 6 t ay; uo `elui6J!A Noses e,ui6J!A to A40 Il3unoO a4 Aq paidopy 8 LIi EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1: 1012 Finney Circle GPIN 1458-88-2715: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INST. #20130102000003920 INST. #20121221001461910 1458-88- 2715-0000" and further designated as "RESIDUAL AREA OF GPIN 1458-88-2715," as shown on that certain plat entitled: "PLAT SHOWING RIGHT OF WAY HEREBY ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated April 19, 2018 and revised through January 8, 2019, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Kay Z. Kesser by Deed dated December 18, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20130102000003920. Parcel 2: 1020 Finney Circle GPIN 1458-88-2897: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH AREA = 8,198 S.F. OR 0.1882 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH 8,198 SQUARE FEET 0.1882 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY AND PROPERTY TO BE ACQUIRED FROM ROBERT L. ELLIOTT & HELEN TYLER BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11, 2011 and revised through September 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130927001160920, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Robert L. Elliott and Helen Tyler dated September 18, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130930001163420. IT FURTHER BEING a portion of the same property conveyed to the City of Virginia Beach by Deeds of Confirmation dated September 18, 2013 from Earl Littleton Elliott, Jr. recorded in the aforesaid Clerk's Office as Instrument Number 20160815000718630; from Romona S. Corprew as Instrument Number 20160809000693760; and from Adrian T. Elliott as Instrument Number 20160727000644160. Parcel 3: 5837 Burton Station Road GPIN 1458-89-3052: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INSTRUMENT #20131017001240220 INSTR#20131016001232250(PLAT) 1458- 89-3052" and further designated as "RESIDUAL AREA OF GPIN 1458-89-3052," as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated August 29, 2016, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20180226000152270, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20161026000968630, 20160726000641970, and 20160805000683460. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 930 S.F. OR 0.0213 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 930 SQUARE FEET 0.0213 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Alphonso Elliott, Executor of the Estate of Martha Virginia Elliott by Deed dated October 9, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20131017001240220. Parcel 4: 5841 Burton Station Road GPIN 1458-89-2090: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 3617, PG. 652 D.B. 429, PG. 271 (PLAT) 1458-89-2090" and further designated as "RESIDUAL AREA OF GPIN 1458-89-2090 9,430 SQUARE FEET 0.2165 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY HEREBY ESTABLISHED AND EASEMENTS TO BE CONVEYED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11 , 2011 , and revised through February 25, 2014, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150204000104180, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160630000559760, 20160726000642000, and 20160627000547020. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED AREA = 750 S.F. OR 0.0172 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED 750 SQUARE FEET 0.0172 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from George W. Elliott and Jennie A. Elliott, husband and wife, by Deed dated January 10, 1996 and recorded in the aforesaid Clerk's Office in Deed Book 3617, at page 652. Parcel 5: Private Right of Way GPIN 1458-89-2065: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED AREA = 7,913 S.F. OR 0.1817 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED 7,913 SQUARE FEET 0.1817 ACRES," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM GEORGE W. ELLIOTT BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated March 18, 2013 and revised through March 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130328000360010, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160412000297120, 20160804000675130, and 20160602000468670. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 450 S.F. OR 0.0103 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 450 SQUARE FEET 0.0103 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from George W. Elliott by Deed dated April 4, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130423000463620. EXHIBIT "B" AMENDED SUMMARY OF TERMS SALE OF EXCESS PROPERTIES AT BURTON STATION ROAD GPINS: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065 SELLER: City of Virginia Beach PURCHASER: Seniors Unlimited Lifestyles, Inc. as assigned to SUL Tranquility at the Lakes II, LLC PROPERTY: 65,147± sq. ft. of land located at the intersection of Burton Station Road and Tolliver Road; GPINs: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065; more particularly described on Exhibit A. SALE PRICE: $715,000 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." Without limiting the foregoing, the City will only quitclaim its interest in and to GPIN 1458-89-2065 and it is the Purchaser's responsibility to ascertain and clear any rights of others to this property identified as a "private road." • The Purchaser may create a related company to take title, and City will allow Purchaser to assign its rights under the purchase agreement to a related legal entity for this purpose, subject to the City's prior approval. • If Purchaser is unable to obtain financing by December 2020, the contract may be terminated or extended by agreement of the parties for one year. • Purchaser shall deposit Five Thousand and No/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Purchaser has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Properties unsuitable for Purchaser's intended use. • Purchaser shall, at its cost, resubdivide the Properties and vacate interior lot lines. • Purchaser shall bear all costs of development. • Purchaser shall construct a senior and disabled persons housing facility on the Properties. • Purchaser agrees to dedicate easements on, over and across the Properties as necessary for the Burton Station Road and/or Tolliver Road Improvements Project at no cost to the City. • Approval of this sale shall be revoked if closing has not occurred on or before December 3, 2022 December 31, 2023, unless extended by the City Manager City Council prior to such date. . . , • .. , , Avi. ..... , , . s 4/ otitc 0000 ..,. ',..14 4, 4.'.. / . . , ' 1 4',7. ' , ;0.. ,.,58-88 •: .,* , 4 it' ' • q 4 • , 4 . t • , 4 . ' - ,, ,, • / e 1 ", I. . _ .1 .:+ist to ‘ , . '0 - • 'f'''44,' 1, •• ,t4r-' , :' • 1 troV., • ., % • 4e , -• ' ' , •,,'. '• . 6-.0 .. , ., . ,ik ,. lk- ,. . Number GPIN Aft ' . . 1 1 1458-88-2715 •‘14/ / 2 1458-88-2897 it -. ... -, • , 4 / l ' .• 3 1458-89-3052 ,‘,.. , .„ . 4 1458-89-2090 ''..,,i. . ,..v. ‘f $3‘41)44C). - %41111k\°4#°NAI444C)4 . o 5 Legend 1458-89-2065 . .. -- r., , .„ '' `rs•Z_. . . 4111Pr „ • Level , '. EXCESS CITY PROPERTY , 4, • .,.. v , _-, WA ''' .' ' .City property to be sold 't , , TO BE SOLD TO SENIORS UNLIMITED LIFESTYLES, INC. SENIORS UNLIMITED LIFESTYLES, INC..,,- I,- . 1 City Properties k, , 1 111117.:=11111M111111 Feet 0 100 200 400 1' t •44.'*r ' *'A esimmi Disclosure Statement Crty of Virviria&LA 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 SUL Tranquility Lakes II LLC Does the applicant have a representative? NE Yes ❑ No • If yes,list the name of the representative. Kedron Springer 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) Board President Kedron Springer Esq./Board Vice President Monique Hitchcock/Board Secretary-Katrina Griggs/Board Treasure r-Gerald Porter/Board Member-Evelyn Cooper • 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 Community Development Corporation '"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. 11 Page Disclosure Statemen \33 t oty 11717f1A2 Beach"Mill Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? • Yes ❑ No • If yes,identify the financial institutions. Virginia Community Development Corp./Equity/LIHTC Equity/State HOME funds/DHNP/VH Permanent Loan 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ® Yes ❑ No • If yes,identify the real estate broker/realtor. Sharon Prescott,Realtor-Realty One Group Momentum 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm or individual providing the service. Pat Bullock-Pat Bullock Tax 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. Colin Arnold,AIA,LEED AP-Arnold Design Studio 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement City of truvinia Beath 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. Todd Peacock-Peacock Holland Construction 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? I Yes 0 No • If yes,identify the engineer/surveyor/agent. Dan Ruby-Timmons Group 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? I Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Kedron Springer Esq.Springer Law Group 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 dy or committee in connection with this application. Applic nt Signature ' f( ;` I ji (f ' i 1i1�� t� - �1 ` _ Print Nallyany Tide 11 i< 1t: , Date — — - — Is the applicant also the owner of the subject property? ❑ Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name 3IPage re,r(it:4:H°Sa 1 w�..- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Bass Inlet a/k/a Mill Pond and an existing 5' City Drainage and Utility Easement, located at the rear of 2961 Sand Bend Road MEETING DATE: November 15, 2022 • Background: James Whitt and Dana Whitt (the "Applicants") have requested permission to construct and maintain an open sided boat lift with a roof, a marginal wharf, and a dock, and to maintain portions of an existing bulkhead with related bulkhead returns (collectively, the Temporary "Encroachments") into City-owned property known as Bass Inlet a/k/a Mill Creek Pond (GPIN: 2433-33-0267), and an existing 5' drainage and utility easement, located at the rear of their property at 2961 Sand Bend Road (GPIN: 2433-33-3030). • Considerations: City staff reviewed the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. The adjacent neighbors have objected in writing to the 16' x 24' boat lift roof (copy attached). There are similar encroachments in Bass Inlet, 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 Temporary 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, Photos, Objection Letter, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate'Pi/ City Manager: F 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 A/K/A MILL POND AND AN EXISTING 5' 8 CITY DRAINAGE AND UTILITY 9 EASEMENT, LOCATED AT THE REAR 10 OF 2961 SAND BEND ROAD 11 12 WHEREAS, James Whitt and Dana Whitt (the "Whitts") have requested 13 permission to construct and maintain a 12' x 12' open sided boat lift with a 16' x 24' roof, a 14 3' x 30' marginal wharf, and a 16' x 10' dock and to maintain portions of an existing 15 bulkhead with related bulkhead returns (collectively, the Temporary "Encroachments") 16 within the City's property known as Bass Inlet a/k/a Mill Pond (GPIN: 2433-33-0267), and 17 an existing 5' City drainage and utility easement, located at the rear of the Whitts' property 18 at 2961 Sand Bend Road (GPIN: 2433-33-3030); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property and easements subject to such terms and conditions as Council may 23 prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Whitts, their heirs, assigns 30 and successors in title are authorized to construct and maintain the Encroachments within 31 the City's property and easements as shown on the map entitled: "EXHIBIT 'A' 32 ENCROACHMENT REQUEST FOR: BULKHEAD, OPEN SIDED COVERED BOAT LIFT, 33 DOCK, MARGINAL WHARF WATERWAY: BASS INLET FOR: JAMES & DANA WHITT 34 LOT 74, BACK BAY MEADOWS SECTION 3 GPIN: 2433-33-3030," Scale: 1" = 30', dated 35 July 26, 2022, prepared by Sigma Environmental Services, Inc., a copy of which is attached 36 hereto as Exhibit A, and on file in the Department of Public Works and to which reference is 37 made for a more particular description; 38 39 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 40 to those terms, conditions and criteria contained in the agreement between the City of 41 Virginia Beach and the Whitts (the "Agreement"), an unexecuted copy of which has been 42 presented to the Council in its agenda, and will be recorded among the records of the 43 Clerk's Office of the Circuit Court of the City of Virginia Beach; 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as the Whitts and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2022. APPROVED AS TO CONTENT: APP VED AS LEGAL FICI C ND FORM: \") AIL P BL WORKS, Rt AL ESTATE A . H R YER EN R CITY ATTORNEY CA15620 R-1 Prepared: 10/31/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d004\p041\00822308.doc • , PLAN VIEW FLOOD SCALE: 1"= 30' /EBB 0 ..-9111,� BASS INLET N/F CITY OF VIRGINIA BEACH M8 67 P 45 MB 103 P25 PROPOSED 12'X 12' GPIN 2433-33-0267 OPEN SIDED BOAT LIFT M8 103 P 25 MHW-MHW=378' WITH WITH 16'X 24'ROOF REMOVE EXISTING NEW DOCK ' 1"5' DOCK 14. 21.3' 1' lir! N 16, �N10'34'00"W 100' r l . $ 5' 1' 4.8' • ;,•:., MHW/MLW ON FACE OF BULKHEAD i t}::.4 28.5'— 111 G 6lLKHEAD �, t}l:;,i' Ilii.��""�� Q(ISTIN t i•e, 24' "~'�'`x r•J-1.1• 1 9tI t•t•�•l N-3.6' ,•-..'. PROPOSED 3'X 30' =}tiftirti MARGINAL WHARF — `'L`'-;+} 14— 12'WIDE 8' CONCRETE BOAT RAMP (PREVIOUSLY PERMITTED VA BCH#2020-WTRA-00282 8-30-21) LOT 73 3 LOT 74 w LOT 75 N/F GUY EBERHART,III ` N/F JAMES WHITT N/F AUDREY D.SETTLE &CHRISTINE 1.EBERHART g &DANA WHITT is REVOCABLE WING TRUST BACK BAY MEADOWS BACK BAY MEADOWS ^' INBACK BAY MEADOWS SECTION 3 h SECTION 3 N. SECTION 3 MB 67 P45 " MB 67 P 45 a MB 67 P 45 GPIN 2433-32-3971 GPIN 2433-33-3030 GPIN 2433-33-3019 INSTR.#201204240000445900 /. INSTR.#20200909000828080 INSTR.#20061027001634750 z W ig CWC W L w W J 1� H g t7 w � z 0 A in in I S134'0E 100'51'TOBACKBAYCRESCENT e,k• �n uuu CC 1c, .Q SAND BEND ROAD 50'R/W 1 '� MYUA - L, GRAPHIC SCALE:1"=30' LI MB 67 P 45 � N a Too 3C V /015734 DATE:7/26/2022 4101VA I € ' EXHIBIT"A" WATERWAY:BASS INLET E SIGMA ENVIRONMENTAL SERVICES,INC. ENCROACHMENT REQUEST FOR:JAMES&DANA WHITT LOT 74,BACK BAY MEADOWS 1513 SANDBRIDGE ROAD FOR:BULKHEAD,OPEN SIDED SECTION 3 VIRGINIA BEACH,VIRGINIA 23456 COVERED BOAT LIFT,DOCK, GPIN:2433-33-3030 757-615-9974 MARGINAL WHARF 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 ilril day of SiPTEN5tR, 202R,, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES WHITT and DANA WHITT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "74" as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA," Scale: 1" = 100', dated July 16, 1964, prepared by W. B. Gallup — Certified Land Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2961 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 12' open sided boat lift with a 16' x 24' roof, a 3' x 30' marginal wharf, a 16' x 10' dock and to maintain portions of an existing bulkhead with related bulkhead returns, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267 (CITY PROPERTY KNOWN AS BASS INLET, A/K/A MILL POND) 2433-33-3030 (2961 SAND BEND ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property located at the rear of 2961 Sand Bend Road known as Bass Inlet (a/k/a Mill Pond) (GPIN: 2433-33-0267) and 5' City drainage and utility easements, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: BULKHEAD, OPEN SIDED COVERED BOAT LIFT, DOCK, MARGINAL WHARF WATERWAY: BASS INLET FOR: JAMES & DANA WHITT LOT 74, BACK BAY MEADOWS SECTION 3 GPIN: 2433- 33-3030," Scale: 1" = 30' dated July 26, 2022, prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the 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 3 the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James Whitt and Dana Whitt, 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 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/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 , 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: 6 G E: JAMES HITT COO DA HITT STATE OF CITY/COUNTY OF utitL , to-wit: The foregoing instrument was acknowledged before me this / day of &J' , 2022, by James Whitt and Dana Whitt 4&.S/023,jeale _< (SEAL) No ary Public ''�,�ppp987�Ju Notary Registration Number: 76 1/49. 1 PULLIC FEC'_i 7364C51 e �y o�as. v My Commission Expires: 6.4s,taf-,5/,‘ ?3 = �R�y O 1/2023 s�'�✓ 'ice :ke '°',,,//01 PI PPPNC1l4re* APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SU CY AND FORM \) (Tit Ira TURF A ARMEYER IOR CITY ATTORNEY Pvi Rai Slick DEPARTMENT 7 A PLAN VIEW FLOOD SCALE: 1''= 30' EBB BASS INLET N/F CiTY OF VIRGINIA BEACH M8 67 P 45 MB 103 P25 PROPOSED 12'X 12' GPIN 2433-33-0267 OPEN SIDED BOAT UFT MB 103 P 25 MHW-MHW=378' WITH WITH 16'X 24'ROOF REMOVE EXISTING NEW DOCK 2'I 13' DOCK 213' 0,1 _ N 10°34'00"W 100' 1' k -- ' �f I - B:S. ' 4.8' ->- I �-y�� ► MHW/MLW ON FACE OF BULKHEAD .�. :. 28.5' / fffsfft i1 11:.::::.:::;;f.......111 �' NG gUt,ICHEAD 10' 24' .'� 25' Lam. ~-3.6, ;..; PROPOSED3'X30' MARGINAL WHARF 12'WIDE 8' CONCRETE BOAT RAMP (PREVIOUSLY PERMITTED VA BCH#2020-WTRA-00282 8-30-21) - Y LOT 73 LOT 74 U LOT 75 N/F GUY EBERHART,III - N/F JAMES WHITT N/F AUDREY D.SETTLE &CHRISTINE L.EBERHART 7.0$ &DANA WHITT 7.0 REVOCABLE LIVING TRUST BACK BAY MEADOWS ;'; BACK BAY MEADOWS (.1 BACK BAY MEADOWS SECTION 3 SECTION 3 ^ SECTION 3 MB67 P45 In. MB67P45 a MB67P45 GPIN 2433-32-3971 GPIN 2433-33-3030 GPIN 2433-33-3019 INSTR.#201204240000445900 INSTR.#20200909000828080 INSTR.#20061027001634750 W E }W 1 5 al at a a .. z 0 0 in in S 10°34'00"E 100' i .'' 1-1,351'TO RACY.BAY CRESCENT I f uH' � WO k SAND BEND ROAD 50'R/W ;t TJ ii) , I GRAPHIC SCALE:1"=30' M8 67 P 45 { ° ° 30 v 015734 DAl'E:7/26/taz2 0 1.�'�1.:' Z� OVA r OIGN EXHIBIT"A" WATERWAY:BASS INLET E SIGMA ENVIRONMENTAL SERVICES,INC. ENCROACHMENT REQUEST FOR:JAMES&DANA WHITT LOT 74,BACK BAY MEADOWS 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 SECTION 3 FOR:BULKHEAD,OPEN SIDED 757-615_9974 COVERED BOAT LIFT,DOCK, GPIN:2433-33-3030 MARGINAL WHARF —Yliplumw ai �IVIII11111a1 -a:':,''.,',----i-m--,-,1- 1_i,r.M'.,_ A• �'-� . 4 III N. r` /, p` �A \ \ _ ' •• - N 11 —. y 7 a h.,. (i� � rid (-- • -_- e � .� "`" ryas, - .t r , yI( _ `- 15. 2 q3. I' i1 1 `*,�,.r _ z •. t fix 1,.-n- S§ - is e .__3' * �x F !�` 'G I•. _ - — �a__ y _S-_- _use_' .^_ //rrjj �.T_ 'ems €d --4� s :� � - _ _ - ��-_T-.a �-<� .r _ma' s, - - n.�jT -_ - _ 4, t4 t ice- 6S 7, � ---.,..- - -' -.'.7.-i4:-_ :*.-- - # „- . . . T.',.,,*. -- ---------,i-- • -- ,_7-,__ -a:.- , --'---,-.I'I_ -,.,_ '--.•"'",,',,%,-,t4i- -----,',-- -'.:**,,..,,,- v' r + i.- '{ g t--tf`r.t-N' {i 1.•• A.� i s - -. 2_ 4- .44144„,-, 4 , Q.r err ;�", it ; f -L .g' Y�7 •,:1-r { rS .1 { f - p f• !',r 5,r yam: + ,..,.;ic y-7 ' 1.4`ti4 .- ei. •A. „i y+ ,- y,_, a .. 1 -(,1 § r 1,A' ?, r amTi'_ - t r I F '. «`'«< ••�(j,[ III: 3' r 1e j. .,i s i - - t. y5 , - ,i4,4(::A 4$, ,.. _,. s,,, - „.\ _4# C kr� I 1% ' vim *- . i ' T.�' ( 4 � ,. Yf 44, 7� {T f 1.i t , Lio-c;s.-,P-_-'-,?- — •._,,,.„,i•,_ ..011 ' 'si,.,..,.:-4 -. ....•-j , , r 'i'- j i + ,, -� t I_z / 1j s a t• '' r • .• 1 At �R . - Tr .-'. ' . * ` \ opirpfq . _�n 1�1 � r Et iliii [ j ' r l f f /f I i, ,II I, , 11 ; _ - .. II I .0'.'. \\ 1\ \ 1 I I l -I • •• ir."7--- * 'A" 1 \\ - '.'''. , .'-',2:.4•---,,•,,;: ;',•, ..t • : --;-' III I ll k ' ,\ -- - .I •.-- -.:. _ „__ - - I I I I 1 1 - 1 rdi! •' ''.:.'.' 1 \''''''':":41:;"n"*I'......7'.....''.4..*.C.....,,,'..1':''','.....'li'fr ''- . ,_-,-..,—..., . __________ - -'-.:-:.;-'--t.:4. 41,”. ..— ii",. --- , • 1.;�. 1I - 7' �' o�.{� ,t � a •.......-...., � L�•. r"r -.c X zR y fit.` -�,.,- V . z3 .; �i� I , � � T Kj� � C • ,-y' •y . ` I-fa\` in; �� `��. .zV t't c' �' t � . a t.? K _ p 'C.aA'1' , t� � .tij I , F4R/M� �. i r k /• • Air- 4 1 1.I r 7 .N, p l ., 1 Y r r-- ✓' !i, .Y, ,es�.. ,'i i Y f ,, T 1 • _ '.Y 1 7 ,* r �".i�, '}` N.*,4i tR-i.`x�C`",�'r1 C_:, -r� 5. _c. �j�; ��,ta ; c.a: •• ]j 'wry 4 Y'-, (', .� il' I '' ►1 s V.-.�sY t r '7 1 F' r:l Q1:'• _y.•,,t'� 4.411.5 r: r -.. -mr, s. S. -. a C* t '. , ._. -]aye a i .i.ydrr "- . , •M''..;, , ii.,Z;;'-,-,e—tk r--f5,41.>,.,--•Nr•-%,'t 79:.'."--` '' •i ,,,,4: '.'.....4 :',.••••."1‘'144i-._..*\*".. ,/,:":-,"--_ 4....„;-' -...'4,7._*...itf,i, .4.74.1420,;.s.sttiv.iies:', ,.., ,..... ...!..1...--.,,,,Aki . - * l---'- get.'Y -w '"':. 1r .,�^.c�I1R'�j�,C �J`>I,6�'� Y.r.B+•�iw'-441 a ,'‘'. \'' ,, ..t 11,11'-.,Irro-rmi---,.,.,„ i—7,----_ ,,• , ,-tliv,4,,./..-. 4„;. :-., •.41, l f.•••••‘,...,.....,.... , 4'. ' . a4:4 r 1' i' \.•iit/- r, ` `'''1 a +.. rl, \ : NI*. F ti S.w. *,.1 .. . ,A. r December 4,2021 Mr. Justin Worrell/Ms. Tiffany Birge Virginia Marine Resources Commission 380 Fenwick Rd., Bldg 96 Fort Monroe, VA 23651 Dear Mr. Worrell/Ms. Birge: As per procedure, we are formally writing to you to continue our objection to the waterfront improvements proposed by Mr. &Mrs. Whitt at 2961 Sand Bend Rd in Virginia Beach. For clarification, this objection is a continuation of the objections we have already communicated to you and Virginia Beach Waterfront Operations Planning for VMRC-2020- 2229/VA BCH - 2020-WTRA-00282. You recently informed us that the original permit application case, VMRC-2020-2229,has been closed after the elimination of all the improvements except for the boat ramp. The Whitt's latest proposal dated 11/15/2021 adds the marginal wharf and covered boat lift and the resulting encroachment into Mill Pond back into the plan. You informed us that this latest proposal will require a new permit application and new VMRC file number. The VMRC and the Virginia Beach Waterfront Operations Planning have already acknowledged receipt of several letters and emails that we have written detailing our objections to the Whitt's covered boat lift and encroachment into Mill Pond. A meeting was held on May 14, 2021 with Mr. Worrell, Mr. McKenna, Mr. Jones and me and Mr. Worrell took several photos for the record. We want to ensure that the records and history from Case 2020-2229 are carried forward into the new case number. If that is not the case, I would be happy to resubmit all the documents and facilitate another meeting with everyone. Below is a summary of our protest: As you know from your visits to our home and the Whitt's lot,Mill Pond in Sandbridge is a wide canal tucked in a cove off Back Bay that Sandbridge residence and visitors routinely come to anchor boats,kayak,fish,pabbleboard, float on tubes, launch water trampolines, swim with their dogs, etc. The Pond is open for all neighbors and visitors to enjoy the beautiful water and sunset views and the natural wildlife that lives here. For example, Sandbridge's Fourth of July Fireworks Show was held for several years in Mill Pond. This was an event sanctioned by the City of Virginia Beach and open to all citizens. Our family donated the electrical power and bathroom facilities for the VB Fire Department personnel during the events. Sandbridge's annual Fourth of July Boat Parade continues to be held and judged in Mill Pond. In fact, the Whitt's builder, Mr. David Whitley, organized and executed the parade himself this past summer. As you saw from your visits,there are no covered boat lifts in Mill Pond to block anyone's view of all the wildlife and human activities enjoyed in Mill Pond. The Whitt's proposed covered boatlift would deny us of the view and enjoyment that all other Mill Pond residences get to enjoy.As a certified residential appraiser,it is my professional opinion that our property's obstructed view of the open water and the wildlife refuge to the northwest because of the covered lift would significantly reduce the market value of our property. Furthermore,the location of the covered boat lift greatly reduces our utilization of our bulkhead between our dock and retaining wall on the north side. Our boat is regularly tied up at our dock so for us to tie up our other boat or a friend's boat we would have to try to basically parallel park it.This latest revision dated 11/15/2021 actually moves the covered lift four feet closer to our property line and just one foot off our property line and only reduces the lift's encroachment into Mill Pond by 6 inches. Lastly,the covered boat lift would create a hazard to navigation in Mill Pond. The covered lift sticks out 20 feet from the existing bulkhead into Mill Pond and would block the view from our dock and all the docks southeast of ours of any incoming southbound traffic to Mill Pond,be it a swimmer,kayaker,paddleboarder,etc We,once again, ask VMRC not to approve the proposed improvements,particularly the covered boat lift. We continue to suggest, as an alternative,that the Whitts construct a standard 12'X 12' uncovered boat lift tucked up next to their bulkhead just like everyone else on Mill Pond. Perhaps the marginal wharf could be constructed landward over the existing bulkhead?There would be no encroachment into Mill Pond if the marginal wharf is constructed landward and the roof on the boatlift is eliminated. We will continue to try to get the Whiffs to speak to us about their proposal now that the covered boatlift and encroachment are back on the table. Prior to our receipt of the 08/10/2021 revision eliminating the boatlift and marginal wharf and in response to an email from Mr. Whitley to us dated 08/07/2021 hoping to facilitate a meeting,we emailed the Whitts directly offering to meet with them and providing our contact information.We received no response from the Whitts. The last time I saw the Whitts on their lot,sometime in early August, I asked over the fence if we could talk and Mr.Whitt responded that "it was not a good time." We will keep trying... Thank you for your time and consideration. Sincerely, Christine Lynch Eberhart Guy F. Eberhart III CC by email: justin.worrell@nrc.virginia.gov tiffany.birge@mrc.virginia.gov CBerggren@vbgov.com waterfront@vbgov.com rharoldjones@aol.com jimwhitt@ne.com dana.whitt@icloud.com david@rbchomes.com guyeberhart@yahoo.com christine@aleandassociates.com 44 I 0CP . i. Pk` V I— I- L O p A, oa -• - J M p w H 0 Q Ca M P1 . G O C Q nt Op < I 1 U U OaZN S p 2n- 0 o Q (Cs . - N Z \ = w O \ - r. ; 1A, * ; tui :o ._ ,,• a_ II.c . : ,.. , , o' ENS j �' i IDS e • • - 2,_ A V.----0111110 - , '- , , Ski_ t - E. • L Q N co Q _•r, Ad 11...__ALD____. , -36 cu co 1 . . L 0 SANDB A \ `/� A \ N RIDGE R I` W O m13 0 , S 0 \ Q SITE ?4 0 w20o 13 � 2 4 r.`i V \\-, LOCATION MAP ENCROACHMENT REQUEST FOR JAMES & DANA WHITT Legend 2961 SAND BEND ROAD City Property GPIN 2433-32-3399 Feet cm2433-33-3030 0 50 100 200 Disclosure Statement \B c ar a ' Planning& Community Development . ..L.1.1111. 11------- 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 J:-:/ rwes 7)/3AJA A M- Does the applicant have a representative? Yes 0 No • If yes,list the name of the representative. f 1¢h 0'�S 1 In �� DAD JO/v E5' roe,svl,6'n.3 it/ Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 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) 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. Revised 11.09.2020 11 Page Disclosure Statement \113 Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia B 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 mancing in connection with the subject of the application or any business operating or to be operated on the property? Yes Cl No • If yes,identify the financial institutions providing the service. �^ �ar,L,a COAIfdt oAJ Coati ---> /olAJNe_ 2. Does the appli nt 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. 4. Does the applicant have services from an architect/landscape architect/land planner provi d 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. Revised 11.09.2020 2 I P a g e 11/4B Disclosure Statement Cu,,4Q V tt`yFit d+-'s A 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?l Yes ❑ No • If yes,identify the company and individual providing the service. RB c- M7M � 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 p viding the service. . %, c /(?/ n �� s 8. Is the applicant receiving legal services in •nnection with the subject of the application or any business operating or to be operated on the property? 0 Yes 02 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 •, - •.ting the information provided herein two weeks prior to the meeting of Planning Commission,City Council, :.A, 4:P ,Wetlands Board or any public body or committee in connection with this application. [ ; Ii 4 'Ap plicant Sig re T / v7Is �. AM Dw/erg s -Dm-,/,4- Z). W4 ;11--- Print Name and Title In 2-2------ Date Is the applicant also the owner of the subject property? ❑ Yes VNo • If yes,you do not need to fill out the owner disdosure 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 El No changes as of Date Signature Print Name Revised 11.09.2020 3 1 Page ' Disclosure Statement Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 41 page Disclosure Statement \Et Planning&Community Development Owner Disclosure Owner Name `/ 4- 'eS C N/4- l't)4 l'#------ , , Applicant Name C---#'1-14/.C5 d- //-AM 4 1 //------ Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 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 Virgini Be h 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 employe a 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. 4"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. Revised 11.09.2020 5 I P a g e Disclosure Statement \33 „.ty aj V ri►y.41 lt.kf+ Planning & Community _ ,, Development 1111111117 Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any fi cing in connection with the subject of the application or any business operating or to be operated on the property? Yes ClNo • If yes,identify the financial institutions providing the service. ...._P#7a-77 Cows c�qr, )pcJ / w,vc__ ��ie_____ 2. Does the Owne have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,iden ' the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns pro ide 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. \\ N 4. Does the Owner have services from an architect/landscape architect/land planner pro ed' connection with the subject of the application or any business operating or to be operated on the property?0 Yes O • 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 • ff yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a const "on .•ntractor 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 compan a • ' dividual providing the service. RbG Pe 7. Does the Owner have an engineer/ ury yor/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 ind vid al providing the service. 77DA/t de c AjolemciiMiy j M2. OZ-1) j 0/1/€ c Revised 11.09.2020 6 ( P a g e Disclosure Statement C�f� f► isn:,:n"oxi, Planning &Communi Development 8. Is the Owner receiving legal services i co nection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • tf yes,identify the firm and indiv' u 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 ,CBPA,Wetlands Board or any p body or committee in connection with this application. owner gnature1 / GuA, Print Name and ntiq. /876, Date Revised 11.09.2020 7 I p a g e N [ rc,44"---44)\ °J v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a City- owned canal off Ashville Bridge Creek, located at the rear of 2472 Entrada Drive MEETING DATE: November 15, 2022 • Background: Thomas A. Eberhard and Loretta Frances Eberhard (the "Applicants") have requested permission to re-construct and maintain a replacement bulkhead, and to construct and maintain a dock, boat lift, electric line, twenty-one (21) tie backs and dead man piles (collectively, the "Encroachments") into a City-owned canal off Ashville Bridge Creek (GPIN: 2424-02-4573), located at the rear of their property at 2472 Entrada Drive (GPIN: 2414-93-1232). • Considerations: City staff reviewed the Temporary Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the canal, 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 Mk Submitting Department/Agency: Public Works/Real Estate City Manager:/7/1 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF A CITY-OWNED CANAL 6 OFF ASHVILLE BRIDGE CREEK, 7 LOCATED AT THE REAR OF 2472 8 ENTRADA DRIVE 9 10 WHEREAS, Thomas A. Eberhard and Loretta Frances Eberhard (the 11 "Eberhards") have requested permission to re-construct and maintain the replacement of 12 117 linear feet of bulkhead, and to construct and maintain a 12' x 24' dock, 12' x 12' boat 13 lift, electric line, and twenty-one (21) tie backs and dead man piles (collectively, the 14 "Temporary Encroachments")within the City's property known as a canal off Ashville Bridge 15 Creek (GPIN: 2424-02-4573), located at the rear of their property at 2472 Entrada Drive 16 (GPIN: 2414-93-1232); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Eberhards, their heirs, 27 assigns and successors in title are authorized to construct and maintain the Temporary 28 Encroachments within the City's property as shown on the map entitled: "EXHIBIT 'A' 29 ENCROACHMENT REQUEST FOR" BULKHEAD, DOCK, BOAT LIFT WATERWAY: 30 MAN-MADE CANAL OFF ASHVILLE BRIDGE CREEK FOR: THOMAS & LORETTA 31 EBERHARD LOT 316 LAGO MAR SECTION 2 GPIN 2414-93-1232 INSTR.# 32 20151015001007592," Scale: 1" = 30', dated August 17, 20-22, and prepared by Sigma 33 Environmental Services Inc., a copy of which is attached hereto as Exhibit A, and on file in 34 the Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the agreement 39 between the City of Virginia Beach and the Eberhards (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Eberhards and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ,444A ,„" PU LIC WORKS, REAL ESTATE . A MEYER IOR CITY ATTORNEY CA15628 R-1 Prepared: 11/01/2022 c:\users\ccvaughan\appdata\local\microsoft\windows\inetcache\content.outlook\2r8psed8\00837776.doc - PLAN VIEW MAN-MADE CANAL OFF FLOOD 100'RIGHT-OF-WAY FOR ® ASHVILE BRIDGE CREEK EBB\ DRAINAGE PURPOSES AND SCALE: 1" = 30' N/F CITY OF VIRGINIA BEACH PUBLIC USE GPIN 2424-02-4573 MB77P14 12 9' MHW-MHW a t/-70' "' j_•__�_. 12'X 24'DOCK REPLACEMENT loll— BOATLIFT 12'X 12' NEW ELECTRIC BULKHEAD co 1.5' LINE x 2.0' A of....�..�...� t -. { 5, - *�>:*�r.!Site•.,..... l7s.•.-,.•a..,.� 22.5' I • —34.8' • . • --16.5' � TIE BACKS&DEAD MAN PILES- • • f I ♦ S 84°32'00"W 125.00' 14.5' *i ELEC TRANS CURRENT ELECTRICAL SERVICE1*s T WOOD FENCE WOOD FENCE ON P/L CURRENT MATERIAL SCHEDULE: NOTE:ELECTRIC SERVICE BULKHEAD 1 TIE BACK RNODS:34'DIP,-10-15' TO CURRENT BULKHEAD / 1 DRAGBOARDS:TWO(2)2'X 12' WILL BE RELOCATED TO PILES.8'DIA MINIMUM 5'3'0/C- POOL& I 14'LENGTH,BOAT LIFT-24' FACE OF NEW BULKHEAD 0 CONCRETE I SHEETING:2'X 12'X 12'T&G ALTERNATE SHEETING: VINYL IN SAME CONFIGURATION ;° SCMI-SG-330 \ I WALES:DOUBLE 5'X 6'ON EDGE- CONTINUOUS STAGGERED JOINTS- w I BOLDED ' "A` TOP CAP:TWIN 2'X10' m j �� edwimmomm f , UV PROTECTED FILTER CLOTH N "Zifa"0~41 IIII ; , p 1'WEEP HOLES 2'O!C 4'BELOW MHW • r�«t�t�� '' - O 58 YD�BACKFILL O ,}k ta`>tat>t t-1 vl SFR • s s a t < tI < 2472 �.4>',C>4 MATERIAL SPECIFICATIONS: 1," <'t'<' '< FRAMING:CCA 2.5#PCF(MLP-8B) 000 {,t,<'k,t i3 DEADMAN:CCA 2.5#(NIP-88) N/F DAVID CAPPS `>`>`>��` TOP PLATE 0.45 PCF LP-22 i N/F THOMAS A.& 0i0 t t <k < bo ( ) LOT 315 4___ •_1 LORETTA EBERHARD f„ <�t�<�yt HARDWAREZ D DIPPED Ai53j LAGO MAR SECTION 2 ` ` ` < < t < <;�;k;t;<; LOT316 �� <'t'<' . o DB 02299 P 0989 �,j>()�, LAGO MAR SECTION 2 �"':':'<':':':':':>:':'f': z GPIN 2414-93-2252 t'i>k't'<j 't't'<'<'<'t'<'<'<'<'{:'< > >kka r GPIN 2414-93-1232 > >a > a > > > s a akka •,:•,<,t,< INSTR.#20151015001007592 >`>`r`>`>`a`f'>`a`>'a�>` N/F RICHARD W.HARRIS& t , � t <' J < < < < < < < < tt MILDRED F.HARRIS > ' ' #2472 - L '>a c`'>a'ar`'>a`'aa`'aa`'a '>`'a`'a`'a <41a ><><'.. <<><,<><<a<><><><a<><<a LOT 317 a.> > > > > <> > >< LAGO MAR SECTION 2 > > > > j.:VP':‘:';':4:':‘;': a > > > > a DB 02219 P 0651 >:> > > > > > r a a a > > P $ �QO t •t {t • '� ^ _ A •t4Si j ca. • taiat>tatd L � t� � t �>`><� >cfc < < ` { t ` < t F' ; ♦, 15'UTILITIES&DRAINAGE `1T, ><><1 • a >t►<a <>iat>e.ta<>Sst,<><a<at3< t < ts<><>tata`ata<> j �* ESMT.MB 77 P 14 tiakatat - t << t ` < ` t ` t ` ` ` t < < < c < c c < < < < tt < <a<<ataca 1 q �" , <ai ' W..: " � 1 � g"<a(>1,> a< /<> s><>at ea< [s r t rt<at s<a<a<><a><>saer<><>ts<at>tac e e t><a< tae<s<at e yF� >vipiK .;14.>. to <t csta as < < < <><a<ac>< <aca{>sat>estatae,t>sat>{>ea{>t►ta<><>c t><a<acata a<aca sr<><>e, t t t e < < t e e e t t �i t t < < < < < < �' 1'ii' > a > , a r a a r a > > , a > a > k t < < < < c e < < < < c t t < < 0157 > . 1/1< < tc <t < , c, <<>< ts yb a > > > > a > 11 � �D 2325.07'TO N 84°32'00 E 125.00s - ia ATW_OODTOWN RD._ , `�'f= 3 ,.. ' �— ENTRADA DRIVE (50'R/W) Ser SCALE MB 77 P 14 E SIGMA ENVIRONMENTAL SERVICES,INC. 0 10 20 30 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 ` • 757-615-9974 EXHIBIT"A" WATERWAY:MAN-MADE CANAL OFF PROJECT: REPLACEMENT BULKHEAD, ENCROACHMENT REQUEST FOR" ASHVILLE BRIDGE CREEK DOCK,BOAT LIFT FOR: THOMAS&LORETTA EBERHARD BULKHEAD,DOCK,BOAT LIFT LOT 316 LAGO MAR SECTION 2 DATUM: 0.00'MLW=-1.3'NAVD 1988 AUGUST 17,2022 GPIN 2414-93-1232 INSTR.#20151015001007592 ft , 01.• = r.• yen, -,- 4. •ft, -4t-.1"1.•‘ N/A 9 , . V*.1 . i le .1110,41. 1 , atilt), ili t .... II.- ilk tit:e .....Iat, . • \ lift till .,. , `.�•�h. Nip..,, `'�` ' •_.7•. w - _ .. • f'1 r,'41:!: if ik410,1:14.-4t, 'v„4,AN,.'' .: c. ` s: \ .0. t •••• 0111".• 40bp .41.0 a. * 11` .1'. i 11 ltar , ., 4. 1 i„. A. __ ,,.....,,, _ . ... . f' #-.. - - alr. „,., 4, ' vigi \ loili' • e ....• totr • ,....,,,, . I4 4 i4Y `, t.tea ,,,, t ...0.* 11. to, l 1 t. '.". ' I , , ".. 1 •II*- '‘.. i't . 4-3/4 .rn‘ li-, mli' .11 . ....ik io. . fi 011,1a-.4* ' . - t . ,. L 11-5141riill, ' ' - ... -. • 1.4 4,,,,,‘,... . , . . . .. _ „L... ... , , . , . At- 0 , - .._. ._. .. . . .. . . : ,,,,_ - . . :,. . IF.-. ' ' .'''S a/�/ o f . � Kia, i 1 .....L. w 11)111 %,„. . tir., Via.u b4114. j p s4. ..L_ • /F 4 0 P' r # -- 4417. _a* gi - t , X ider•-.41"-?ittal' .,... " ''' . ,-.VI,* : . w,I• • , illg • ' 4414Vii_ al' ' I • i 443f . : .- -•' . f s - i 3.:.,,- �p s i '�U4 ` y .TMa. # »t i re At '' .. r y '♦, .F- litir•e ''.+ T v �� #% _ It - -siow...,. -,- ), II- - r . •._ . .,,„ ._.,. --,i___ rj , - .,„„. , i.tk .,. . I .. ,,,ir , 4 -41*,,, * 7 -T-...,.. - .4,4,..,i&,•Alir . .00# , , :1111016 ,t ji, 'IL ' r i . {i 16itljt , . _ M !P'+' r I. s a 1 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 7111 day of 0 C*ObcY , 20 2 b Y and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS A. EBERHARD AND LORETTA FRANCES EBERHARD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "316," as shown on that certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION TWO PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated July 1968, prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at page 14, and being further designated, known, and described as 2472 Entrada Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to re-construct and maintain a 117 linear feet bulkhead, and to construct and maintain a 12' x 24' dock, 12' x 12' boat lift, an electric line, and twenty-one (21) tie backs and dead man piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2424-02-4573 (CITY-OWNED PROPERTY) 2414-93-1232 (2472 Entrada Drive) WHEREAS, in reconstructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as a "man-made canal off Ashville Bridge Creek," (GPIN: 2424-02-4573), 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 reconstructing, and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be reconstructed, 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" BULKHEAD, DOCK, BOAT LIFT WATERWAY: MAN-MADE CANAL OFF ASHVILLE BRIDGE CREEK FOR: THOMAS & LORETTA EBERHARD LOT 316 LAGO MAR SECTION 2 GPIN 2414- 93-1232 INSTR.# 20151015001007592 Scale: 1" '= 30', dated August 17, 2022, and prepared by Sigma Environmental Services 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 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the 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 3 ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 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 4 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, THOMAS A. EBERHARD and LORETTA FRANCES EBERHARD, 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 VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , 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 , 20_, 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 THOMAS A. EBERHARD Lct \., LOR TTA FRANCES EBERHARD STATE OF il‘c(-11(\k CITY/COUNTY OF ,(C r to 6-eac to-wit: The foregoing instrument was acknowledged before me this 1' day of OC-k r , 20., by Thomas A. Eberhard and Loretta Frances Eberhard. (SEAL) Notary Public CASEY F ALVEY R Notary Public h—' a.1 c�l.J 4Corn n N o o70217r0 Notary Registration Number: , My Commission Expires Jul 31,2026 My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE R.A4 ER NICK CITY ATTORNEY PUBLIC WORKS/REAL ESTATE 7 Z6SLOO LOOS LO LS LOZ#2I1SN1 Z£Z1-£9-1r13,Z NIde 4Z0Z'LI.isnenl 9861-OAVN,6.L-=MlW.00'0 :WILLY(' Z NO1103S 2IVW OJVI 9L£101 14111VoS'Nona'a'd3HXlna o1iVH11383 b1132i018 SWIrIOI-I L :VOA „aOd 1S3tiO3a 1N3k9HOb0>:ION3 13I11VO8`)IaOa )133210 3JOIa8 7111 HStl 'a'3HSIlr181N3W3OYTd31:I :103COad j30 IVNVO 3OVW-NVW:AVM/dal/Mt {.ti,.1.I131HX3 V188-9L9-L91 95'b£Z V1M101iIA`M0V39 VINIJ8IA i 1 av02I 30QI2I9aNVS>r L9 L 0E OZ 01 0 '3NI`S3a11�3S 1Y1N3'NNOVIAN3 vWeiS 3 i d LI. 1 31VDS _,_ + (i J ,0s) 3ntaa VOV w3 4.stk i.4,.;, ,00'SZi 3„00.ZE.98 N Ol,LO'SZ Z 4 �y � �" 1 � t .: ('ly - T �t►tr�►a,�s� la't�t�t�t�a�t�♦�� Cl1 d1 • l J 1.1.1.':::': 'LStt +a •'''`' ats`',►•a> tr t> ►,.a a.r.►.,♦a,>a t r..a►a..,i.s a.►�s r s r 1.•'r a'.•[''►a['►1i'.[f'►a'a'►.',fa''.f' 'a { .!t 0 [[[ ♦••at<<•.a [ t [ a1a [<1 <• It ![ff ! a [ ! tf•[[ f f1 ff ` . _b y s • 1t -�i� .4 ').♦► t•f)a►•a•ac►a>ta1> a a f.<►aa•)•a••a►aa•tcat►a)•a)• ta♦►<••1►♦f► 1,::::)' ,f a�aa '.a[1.f[• t[a[at[• 1ta• ac[a• ••[ [ •aa[[• ••[ •. a +[ 4•4 -t bidLL9W'1WS3 ,t ►!.faI>f.t.trt>a>r)t>s>a>f>••I, f„ftta1ta,t>t►t•a,e►ett,a1t•om►.•►► 4•1'4)i► 3OVNIWOV53W1I1I1 iS. ♦ r 4 3'71 .••It a e.a• I'fa•t/ •'f'• ..' t t ':',4)1'a''{ 4 -01sAba./iaitc ['•aa)a)e'•'a)1'['['tO \>aa a!• a•)a ttt t 1►1 a 1 r ALL!, s � �TSg0 d 6tZZO90 f'a'c'•'•'f'.'t'a'•'i �. tit ► L{ ► z NOL1.3S WAN 09V1 4'1'4'•'f'.'•'a't'f'4 / ' '`•r LIE 101 '►'►'a'>'►•.`.'>`►'>l , , �.ttreaa►fre•a'f>t>a>e ►•t`�`.'t SI1f11VH'd 031011W 6R t/1>f.tt<,•)Ittta'•>1 ZLPZik ( • 1 /: ,'+'.``t'.'•`.''►'>••[ Z6SLa0ia0STOTSLOZ#'>d1.SNi 1 ):4:+i ) i SRIab1I'M a11VH7l11 d/N ,��fr: >'a'a f t' ►,a►.,t . ► ZEZT-E6-9►itiZ NId9 '.'.1.1.' ZSZZ E6-D►T1►Z NId9 > t, ., ta •, .) ZNOIIJ3Savw09ti1 s'•'f.[' Z �c[)t,•••�•>llftflftat•III �' '•ilt:► 6860 d 66ZZ0 9a o ,1 4'1►.> III 9i£i01 �•: Z NOLl]3S awl 09V1 (ss{wntsY�a32tM(Alv9 Ell ,It1a.>ta 'III s`:'�`> • ,t1.)/,.a 'III a11VHa3@3 Vlt3a01 S€101 03ddla tOH 3WMfflldFl . .. Sddd3 a InVO 1/N (ttd 1310d w0 3Ltfld tt01 ,`�L,',f, III V Y SYWOH13/N ! CldrI)s19ZV00 NYW0V3a $ t•f•'t`► (e9-dQN)dad on vuo warivai •4 ,X, :st afivmaced41V1ifd.LVLI .` '.'►', ZLPZ ';L.':'.' ai5Aiiik UU' G •`14'4'.• Y� `� $ . i 11;" IIIIII4/IIII;#;4/4moo k " Kill tLma 1a 3 M rAIIIIIIII)I_0,10IIiiIIII/Ii At X l NIMI:dV3 d01 m CEI 109l < - orm 03oa+(ts 81)011 w oo WOO(' -3 NO.0 X.9 31 E1(100:837VM °CVOS-RIOS ''' NOLLYa1191a403 3WVS NI IANIA 'JN1133Rti 31VNIE LIV ! t?'t1 Lt x It X Z:flM13�t8 3 NO0 ` 8 av3 cnng M3N iO 30Y1 .il-Lin me ItLe t1 n,,t i '8100d -0✓0 X.s NrW NM li0.11'S311d I 01 OILYD0131I 3811IM zt X s(zf OM.:sawo@O+aa i 3 0t13HX1 n81A1311aA.01 t LON31 0V3 ion ng i 30N)13S011I10313:3.L0N .9 to t-Via.);:S0011 XOV0 au 31f1 I r 114311an3 03H0S 1V1tii31Vif1 SNVaI 7313 L____L J 4 l 4-- l/d NO 3]N33 000M 33N31000M i ). %,�xma3S wiskuo3131N311/1113 , A I A �.S' i 1 AO"SZT M AO.ZE Al S ,s'9T— • I• • , • , S31W NVW 0V30 V S0V9 311 4 • • 7a f 1 -- A'Z i . 3N11 1d 11V08 . Si a'Y3H)nn8 311113313 M3N % .ZT X fZZIN3W3:3V1d311 —' )OOQ,i 1 X 2T �•'/+ ,6'ZT WM-MHW PI d LL 8W 3Sn 3nand ELSt-ZO-bZ,Z NId91 ► H3d39 VIN19HU1 AO 4l171lN f0£ = .1. :3'1y)S ONV S3S0d1111d 39VNIV1/0 . \8@3 X33110 390910 311M45V 1I01 AVM-1 -1H91$.001 00014 uo1VNV3 301/W-NWV MJIA NYld P , , NIL:. ow) Y @' ; . - .. W —;�" E S .1 i ■ `�ti /4 r ..411,,,,. ,,,, ,, .... NTRAOA DR e :AI I o .14, ‘ 0 I i s, a...,... . a e•' 4 n Ai... _ „I -7,,,,ttoi ir LOCATION MAP r ENCROACHMENT REQUEST FOR Legend a '• THOMAS A. & LORETTA PRANCES EBERHARD City Properties - t' BRASILEN�CT GPIN 2414-93-1232 _ Feet D2414-93-1232 0 50 100 200 Prepared by P.W./Enq./End.Support Services Bureau 05/16/2022 . •I s1-rojectsV•- I esv `1I• V/• • v• •-• - • na ( 4' \'' N 02 N' -- , E A. J ^i r- S r s. 9,Q%O '64 8r- m r V CO Q ENTRADA DR <Z Sipa -,- Ili LOCATION MAP ENCROACHMENT REQUEST FOR Legend THOMAS A. & LORETTA FRANCES EBERHARD City Properties RAStLENO CT GPIN 2414-93-1232 B Feet D2414-93-1232 --- 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 05/16/2022 ': •9 9 •rojectsY•• I esT 19• VP • 1.' --• - Disclosure Statement \fi3 City of t'zryinui Rauh Planning &Community l 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 Thomas & Loretta Eberhard Does the applicant have a representative? I Yes ❑ No • If yes, list the name of the representative. Sigma Environmental Services, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? E Yes 0 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. 11 Page Disclosure Statement City 0-1 wqt iu Beach Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ 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 ❑ No • If yes,identify the financial institutions. United Wholesale Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes • No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 21Page Disclosure Statement 1B City of-Virginia Balch 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 I No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the engineer/surveyor/agent. Sigma Environmental Services, Inc. 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 I No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. (---,----t:C___ ---7 ::).-C/) L___ Applicant Signature J Thomas Eberhard, Loretta Eberhard Print Name and Title 4 October 2022 Date Is the applicant also the owner of the subject property? ® Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name 3IPage I 1 u e� Z 4 t,w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Modifying the Area Proposed for Closure and Extending the Date to Satisfy the Conditions in the Matter of Closing 1) a Portion of the South Side of 20th Street between Pacific & Arctic Avenues, 2) a Portion of the South Side of 20th Street between Arctic & Baltic Avenues, 3) a Portion of the West Side of Arctic Avenue Between 19th & 20th Streets, 4) 19th Street Between Pacific & Arctic Avenues, and 5) all Alleys Within the Block Surrounded by Arctic & Baltic Avenues and 19th & 20th Streets MEETING DATE: November 15, 2022 • Background: Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the "Applicants") have requested the closure of portions of various rights-of-way totaling 1.37 acres (the "Rights-of-Way") adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority. On December 1, 2020, by Ordinances ORD-3645L and ORD-3646M, City Council approved the Applicants' request to close the Rights-of-Way, subject to the following conditions being met by November 30, 2021: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the Rights-of-Way into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the Rights-of- Way to the City if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall submit a Traffic Impact Study ("TIS") and Site Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the Applicants shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached to the Ordinance, subject to the approval by the Department of Public Works. 4. The Applicants shall, in accordance with the Public Utilities Design Standards Manual and to the extent agreed upon by the City, abandon all public water and sanitary sewer infrastructure within the area of 19th Street to be closed. 5. The Applicants shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 20th Street and Arctic Avenue if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the Applicants, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 6. The Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Rights-of-Way. If private utilities do exist, easements satisfactory to the utility company, must be provided. 7. Closure of the Rights-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the Rights-of-Way, this approval shall be considered null and void. On November 16, 2021, by Ordinance ORD-3680A, City Council approved the Applicants' request for an extension of time to meet the conditions to November 30, 2022. The Applicants have submitted resubdivision plats to the Planning Department for review; however, the plats will not be in final form and ready to record prior to the deadline to meet the conditions. Therefore, on October 21, 2022, the Applicants requested an additional one-year extension of time to satisfy the conditions set forth in the Ordinances. During review of the plats, it was discovered that there was a scrivener's error made in calculating the area proposed for closure along the southside of 20th Street. The dimensions of the area proposed for closure were shown correctly on the exhibit; however, the label on the exhibit and the description in the Ordinance was incorrect. Consequently, the Applicants desire to correct the square footage of the above-ground portion of 20th Street proposed for closure from 1,010 sq. ft. (0.02 ac.) to 2,500 sq. ft. (0.06 ac.), as shown on the corrected exhibit attached to the Ordinance. Staff concludes that the request for a modification in the area proposed for closure and an additional one-year extension of time to satisfy the conditions is reasonable. • Recommendations: Approval • Attachments: Ordinance, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Planning Department 6e7 City Manager: 1 AN ORDINANCE MODIFYING THE AREA PROPOSED 2 FOR CLOSURE AND EXTENDING THE DATE TO 3 SATISFY THE CONDITIONS IN THE MATTER OF 4 CLOSING 1) A PORTION OF THE SOUTH SIDE OF 20TH 5 STREET BETWEEN PACIFIC & ARCTIC AVENUES, 2) A 6 PORTION OF THE SOUTH SIDE OF 20TH STREET 7 BETWEEN ARCTIC & BALTIC AVENUES, 3) A PORTION 8 OF THE WEST SIDE OF ARCTIC AVENUE BETWEEN 9 19TH & 20TH STREETS, 4) 19TH STREET BETWEEN 10 PACIFIC & ARCTIC AVENUES, AND 5) ALL ALLEYS 11 WITHIN THE BLOCK SURROUNDED BY ARCTIC & 12 BALTIC AVENUES AND 19TH & 20TH STREETS 13 14 WHEREAS, on December 1 , 2020, City Council acted upon the application of 15 Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the 16 "Applicants") for the closures of portions of various rights-of-way totaling approximately 17 1.37 acres (the "Rights-of-Way") adjacent to an assemblage of property owned by the 18 City of Virginia Beach Development Authority; 19 20 WHEREAS, City Council approved (by Ordinances ORD-3645L and ORD- 21 3646M) the closure of the aforesaid Rights-of-Way subject to certain conditions being 22 met on or before November 30, 2021; 23 24 WHEREAS, on October 22, 2021, by Ordinance ORD-3680A, City Council 25 approved a one-year extension of time to satisfy the conditions of the street closure 26 action; 27 28 WHEREAS, on October 21, 2022, the Applicants requested an additional one- 29 year extension of time to satisfy the conditions of the street closure action; 30 31 WHEREAS, during review of the plats it was discovered that a scrivener's error 32 was made in the calculation of the above-ground area proposed for closure along the 33 southside of 20th Street; and 34 35 WHEREAS, the Applicants desire to correct the square footage of the area 36 proposed for closure in Ordinance ORD-3645L, as follows: 37 38 AREA ONE (Total of 4,750 Sq. Ft. / 0.11 Ac.): 39 ALL THAT certain piece or parcel of land situate, lying and being 40 in the City of Virginia Beach, Virginia, designated and described as 41 "5' ABOVEGROUND STREET CLOSURE 2500 S.F. (0.06 AC.)", 42 43 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 44 (Adjacent GPI Ns: 2427-17-0853, 2427-07-7707, 2427-07-6990, 45 2427-07-6808, 2427-07-5863, 2427-07-5737, 2427-07-4883, 46 2427-07-4757, 2427-07-4802, 2427-07-3767, 2427-07-2890, 47 2427-17-2611, 2427-07-9524, 2427-07-3669, 2427-07-4517, 48 2427-07-4645, 2427-07-4691, and 2427-07-5625) 49 shown as the hatched area on the corrected exhibit entitled: 50 "ATLANTIC PARK VIRGINIA BEACH VIRGINIA", dated October 51 27, 2022, prepared by Kimley Horn, a copy of which is attached 52 hereto as Exhibit A. 53 54 ALL THAT certain piece or parcel of land situate, lying and being 55 in the City of Virginia Beach, Virginia, designated and described as 56 "4.5' UNDERGROUND STREET CLOSURE 2,250 S.F. (0.05 57 AC.)", shown as the shaded area on the aforesaid Exhibit A. 58 59 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 60 Beach, Virginia: 61 62 1. That the above-ground area proposed for closure along the southside of 63 20th street is hereby corrected to 2,500 sq. ft. (0.06 ac.), as shown on Exhibit A, 64 attached hereto and made a part hereof. 65 66 2. That the date for meeting conditions of closure as stated in the 67 Ordinances adopted on December 1, 2020 (ORD-3645L and ORD-3646M), upon 68 application of Atlantic Park, Inc. and the City of Virginia Beach Development Authority, 69 is extended to November 30, 2023. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 72 day of , 20 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: cle l� ' t rney Planning Dep ment'1 CA15815 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs1d031\p024\00840823.doc R-1 November 2, 2022 LEGEND NAD 1983 y A A (1993 HARN) 411� STREET CLOSUREBOVEGROUND PACIFIC AVENUE60' RAN)( _ _ _ Ct UNDERGROUND N13'50'02"W \ 2 STREET CLOSURE 9.5' O N p I d I ! I 5' ABOVEGROUND STREET CLOSURE 1 "' 2500 S.F. (0.06 AC.) TOTAL STREET CLOSURE AREA o 1 0 In I 4750 S.F. (0.11 AC.) / I Ce J co I— L.L., LaLi., W !n u7 �- LIJ a) a) _71 CO CO U.1 z z I I PR P o.- _ 0 ERTY OF 1 1 f— VIRGINIA BEACH DEVELOPMENT AUTHORITY = 2427-17-0853 cn (IN. (DEED) 20190212000114390) 4.5' UNDERGROUND I STREET CLOSURE — — — 2,250 S.F. (0.05 AC.) I J NTH co I I J P pi �1 II CI a �' ' / " �' LAURENCE N. BENSON / N13 50 03 W 9.5' / Lic. No. 0402057884 0 — — — — _ _ ' 10/27/2022�4 ARCTIC AVENUE (60' R/1N) OGRAP3HIIC SC0 6AOLE IN FEE;20 4',s,sl ONA L �� 11M1Ii CORRECTED ATLANTIC PARK Kimley>>>Horn STREET CLOSURE �ML� ,,�ASSOCIATES, 4525 MAIN STREET, SUITE 1000,VIRGINIA BEACH, VA 23462 EXHIBIT A VIRGINIA BEACH VIRGINIA PHONE: 757-213-6600 FAX: 757-213-8601 W'W.KIMLEY-HORN.COM -- -. ii 1N --- A.J\ 1111111111c4 --1"\ 7 r ' \\i - III .ri , , OR \ \--Oil 4-it \ 1\i'llitoin , �� y' ' H , .it5 . ll - ti 1 ____, ___ _ . , ,,_,_i 00 \ __ __________„.....,......... ______ _ .6:---\___,,,,,, \,,,, .10 et wi_.e.R IllY ___.- 20iitistlie ,----- ....------- - is:\ 7,(\- t\ /7 \, t, • - . , N.R--- .. 03\ . _ .,_,-- e OR tt ___-- ....- „....----._...-- to \___s t \...,,,, ......--- IP \ ‘ \ \ .\ t s ip„ 1 \O 0 ei '' II OR \ \°""ttr--3 $ 4\ , I * ,A,10, * Of ..- ig/i4 I 1 0 R . INileorre/ \ 1,,,V--- Raii------ \ t ttv io, 0 0 ' Cat I:-- _____.----1' i ti I Imo` ./y -.-- y \ . __--- ....„„.. 'N,36 \ ___ \ \I\ \ ' _.- ,. 10.--. U.. .� tic-.� , a ___- 0 _---eet ,_ 0 c st_.,.!_,_-___.--,- --.a: O ' a ii___--- • \C:)______\_' ` _ r) ,. 1gtln l III r� ___,------- __ ,._._. Atlantic Park, Inc. &City of Virginia Beach Development Authority N ///, Site Portion of the south side of 20th Street between W ;0 E Pacific &Arctic Avenues & between Arctic & Baltic Avenues 'riV Property_Polygons Portion of the west side of Arctic Avenue between s Q Zoning 19th & 20th Streets, 19th Street between Pacific& Arctic Avenues,All alleys within the block surrounded by Arctic Parking Lot Drive Aisle m •mm■ Feet Building 0 80160 320 480 640 800 960 Disclosure Statement City ofVirginia Beath 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 _ Ar►annc Farb, Inc` Does the applicant have a representative? Yes 0 No • If yes,list the name of the representative. M‘o c tt Ceti tpcelper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Si Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) Pleoct ctt. (Minch-cd • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) piectc ccc aHaclntd '"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 P a g e Disclosure StatementNB . - - 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? L ] Yes ElNo • If yes,what is the name of the official or employee and what is the nature of the interest? City of Virginia Bfrach DC.vtloi %rntnr uttincori -I iS Gujncr 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? 0Yes El No • If yes,identify the financial institutions providing the service. JiA, Ca_vital Marro-SICapiCal Eroiccr) 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 01Yes ❑ No • If yes,identify the company and individual providing the service. Veritvrt RCatry G-rov,. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. BPo 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 0 No • If yes,identify the firm and individual providing the service. Coo, tr Co-r, i lia-nbv / , CstfSltr LAPL 1 iM1 cy —4--torn 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes S No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Virgini Beach a 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? L Yes ❑ No • If yes,identify the company and individual providing the service. W•M• ,1ordo•n 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? t.% Yes ❑ No • If yes,identify the firm and individual providing the service. rvPt. , ;Mt-C4 -1-t-�rn 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? VI Yes ❑ No • If yes,identify the firm and individual providing the service. 0+U rncxr, 4 Cano►t 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. A-t I4,rrt MAL,i^J c.• Applicant Signature M►Gt+A R. A. t.1,.i Y/YR ettflOcar Print Name and Title •10 ',??- Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications t J No changes as of Date /i y I Signature „Ivy,, Print Name Revised 11.09.2020 3 I P a g e Atlantic Park, Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves, LLC Donna MacMillan-Whitaker John L. Gibson, Ill Bruce A. Berlin Doug Ellis Elizabeth Matulenas Matthew L. Lafler Steven D. Green Dome Associates, LLC John R. Lawson H2O Investments, LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Rhema Waves, LLC Steven W. Bishard John K. Bishard Robert A. Deacon Disclosure StatementV13 city a/MonkBeath Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e Disclosure Statement 1/13 City of Virginia&uct Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Development Authority ("VBDA") Applicant Name 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) The owner is a political subdivision of the Commonwealth of Virginia. Attached is a list of the Board of Commissioners of the VBDA • If yes, list the businesses that have a parent-subsidiary3 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 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 5 P a g e Disclosure Statement City of Virginia Beach Planning & Community Development - - -1W -11111k1\ 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? El 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? ❑ Yes EN No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® 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 A 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? A Yes ❑ No • If yes, identify the firm and individual providing the service. Kimley-Horn,Vanasse Hangen Brustlin, Inc. (VHB),and MBP(McDonough Bolyard Peck) Revised 11.09.2020 Wage Disclosure Statement City of Yugirua Beach Planning & Community -AI\Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm and individual providing legal the service. Singer Davis/Hunton Andrews Kurth 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 Alexander W.Stiles, Senior City Attorney Print Name and Title 6/24/22 Date Revised 11.09.2020 7 I P a g e CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS David Bernd (Secretary) William P. Brown William Brunke (Treasurer) Nneka Chiazor W. Taylor Franklin (Assistant Secretary) Penny Morgan Lisa M. Murphy (Chair) Ronnie L. Parker Michael J. Standing Joseph E. Strange (Vice Chair) Guenter Weissenseel r ......., .-_,-;-,,...a..'s- B-F,z,,,,,, ,...?,,,,t ___Av, g:, ...._ 1.,-); ....„, i .. JJ; CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Parks and Recreation for Activities to Support Urban Forestry MEETING DATE: November 15, 2022 • Background: Princess Anne Commons is a community park located in the City of Virginia Beach at the corner of Princess Anne and Dam Neck Road. Historically, the park housed large cultural and agricultural events. The park was renovated in 2010 and 2018, which changed the use of the park. While a number of trees have been successfully preserved, the compaction of the soil and change in the hydrology of the site have resulted in a large amount of maintenance needs, including removals, pruning, and replacements of trees. On October 5, 2022, the Department of Parks and Recreation (the "Department") was notified of a $30,000 award from the Virginia Department of Forestry's Urban and Community Forestry Grant Program. This program is intended to assist with preventative tree pruning and removals for storm readiness. Using these funds, the Department plans to use in-house crews to remove and prune the trees within the scope of their abilities. Any work the Department's staff is not able to perform will be awarded to an outside contractor, such as climbing work. The Department also intends to use these funds to perform retrenchment pruning on two old oaks for preservation as opposed to removal. Crews will also aerate and fertilize the soil around the trees. These activities will help the longevity of the trees and give the Department an opportunity to train field staff on tree preservation techniques. The goal of this project is to promote preservation of the existing trees by using preventative maintenance and to replant the area with trees that will thrive in the conditions of the park. Stronger trees will reduce the number that are damaged during storms and enhance the urban forest. The Department will use this project to train field staff on tree preservation techniques and launch an educational social media campaign about tree maintenance and preservation. • Considerations: By participating in this grant program, the Department seeks to develop a comprehensive approach to forest management in public spaces. The Department will be able to assess and apply a preventative maintenance approach to the preservation and vitality of the urban forest, which is a key component to achieving the goal of 45% canopy cover. No local match is required for this grant. The Department intends to apply for this grant on an annual basis and to use the funds to address the urban forestry needs in large public spaces. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval. Submitting Department/Agency: Department of Parks and Recreation City Manager• 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR ACTIVITIES TO SUPPORT 4 URBAN FORESTRY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $30,000 is hereby accepted from the Virginia Department of Forestry and 10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 11 2022-23 Operating Budget of the Department of Parks and Recreation for Princess Anne 12 Commons urban forestry activities. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ekoh udget and Management Services ttorney's ice CA15967 R-1 November 2, 2022 L. PLANNING 1. C.P. MARINE & DIESEL, INC/ CARL & GLORIA'S REPAIR SHOP, LLC for a Modification of Conditions re automobile repair garage at 1399 Air Rail Avenue DISTRICT 4 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 2. M.M. ROLLINS & COMPANY, A VIRGINIA CORPORATION for a Change of Zoning from AG-2 Agricultural to B-2 Community Business District re auto sales and service at 652 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. SACRED DAGGERS, LLC/PAVEMENT PARADISE, LLC, for an Alternative Compliance re tattoo parlor at 529 Virginia Beach Boulevard DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. VIRGINIA AQUARIUM FOUNDATION/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re wind energy conversion system at 801 General Booth Boulevard DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. RUSSELL A. BROWN for a Conditional Use Permit re home occupation—retail sales at 1212 Sycamore Road DISTRICT 8 (Formerly District 5 —Lynnhaven) RECOMMENDATION: APPROVAL 6. GREEN CLEAN SHORE, LLC/KS SHORE, LLC for a Conditional Use Permit re car wash facility at 4769 Shore Drive DISTRICT 9 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 7. SHAWN ANDREW MASLANEY for a Condition Use Permit re short term rental at 1724 Baltic Avenue DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL ru� -- toy NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,November 15,2022 at 6:00 p.m.in the Council Chamber at City Hall, 2^a Floor at 2401 Courthouse Drive,Building 1,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 httus://vbgpv.webex.com/vbgov/onsta oho? 11Tl D=eaca28edccc6f0f63b7ecc2b86f23514d 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m. on November 15, 2022. The following requests are scheduled to be heard: C.P.Marine&Diesel,Inc(Applicant)Carl&Gloria's Repair Shop, LLC(Property Owner) Modification of Conditions (Automobile Repair Garage) Address: 1399 Air Rail Avenue GPIN(s):1459832366 Council District 4 M.M.Rollins&Company,a Virginia corporation(Applicant &Property Owner)Rezoning(AG-2 Agricultural District to B-2 Community Business District)Address:652 Princess Anne Road GPIN(s): Portion of 2309603135 Council District 2 Sacred Daggers,LLC(Applicant)Pavement Paradise,LLC (Property Owner)Alternative Compliance Address: 529 Virginia Beach Boulevard GPIN(s):2427061559 Council District 5 Virginia Aquarium Foundation(Applicant)City of Virginia Beach (Property Owner) Conditional Use Permit (Wind Energy Conversion System)Address:801 General Booth Boulevard GPIN(s):2416758858 Council District 6 Shawn Andrew Maslaney(Applicant&Property Owner) Conditional Use Permit (Short Term Rental) Address: 1724 Baltic Avenue GPIN(s):24270730526780 Council District 6 Russell A. Brown (Applicant & Property Owner) Conditional Use Permit(Home Occupation-Retail Sales) Address: 1212 Sycamore Road GPIN(s): 1488676163 Council District 8 Green Clean Shore, LLC (Applicant) KS Shore. LLC (Property Owner) Conditional Use Permit (Car Wash Facility) Address: 4769 Shore Drive GPIN(s): 1479473214 Council District 9 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,MMC City Clerk BEACON-OCTOBER 30,2022&NOVEMBER 6,2022- 1 TIME EACH 11 a / o�' o 11 1%1, •� fly 4 i / Thurston � Avenue 11 ��4 Site C.P. Marine & Diesel, Inc wA _W. : Property Polygons Q 1399 Air Rail Avenue Zoning Building Feet 0 1020 40 60 80 100 120 , ......„ , ,,,s„ ,,,„ gi-- . N.,,, I!"., I CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: C.P. MARINE & DIESEL, INC. [Applicant] CARL & GLORIA'S REPAIR SHOP, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Alter site layout) for the property located at 1399 Air Rail Avenue (GPIN 14598323660000). COUNCIL DISTRICT 4, formerly Bayside MEETING DATE: November 15, 2022 • Background: The applicant is requesting a Modification to a Conditional Use Permit to allow alterations to the previously approved parking layout for an Automobile Repair Garage at 1399 Air Rail Avenue. A zoning violation was issued for the property on May 12, 2022 for deficient landscaping, conducting work outside, outdoor storage, and deviations from the parking lot layout approved with the July 7, 2015 Conditional Use Permit. While the applicant has addressed the landscaping, work, and outdoor storage concerns, they are requesting modifications to Conditions 3 and 6 to allow them to retain their parking lot as built. A minor modification to Condition 13 is also requested to clarify that any dumpster on the property would need to be screened in accordance with standards in the Zoning Ordinance. The remainder of the conditions approved on July 7, 2015 will remain as conditions of approval for this Conditional Use Permit. • Considerations: The parking lot has been used in its present configuration for some time and appears to have had no negative impact. Parking stalls are located outside of shared ingress/egress easements with neighboring properties, and as there is sufficient parking provided on site, there is little reason to retain the requirement that four spaces are dedicated to employee use only. Given that the parking lot is already developed, no changes to the existing 5,600 square foot Automobile Repair Garage are anticipated. The remaining conditions of approval for this Conditional Use Permit will still require the applicant to operate within the footprint of the Automobile Repair Garage and will still prohibit outdoor storage on the site. The use will not be intensifying as a result of this modification. 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. C.P. Marine & Diesel, Inc. Page 2 of 3 • Recommendation: On October 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. All conditions attached to the Conditional Use Permit granted on July 7, 2015 are hereby deleted and superseded by the following conditions. 2. Street front and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 3. Any trailers or equipment encroaching into the railroad right-of-way and the ten (10)-foot wide utility and drainage easement along the northwest lot line shall be removed. 4. Vehicles shall only be parked in spaces shown on the proposed LAYOUT SKETCH included in the staff report on page six. 5. A second overhead garage door may be installed on the northeastern side of the existing building, to the right of the existing overhead garage door, as depicted on the plan referenced in Condition Number 3. In no case, however, shall the northernmost edge of the opening for the new overhead garage door be any closer than six (6) to seven (7)feet from the northern side of the existing building, as depicted on the Plan referenced in Condition 3. 6. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C.P. Marine) and X-C (Creative Sales, Inc.). There shall be no queuing of vehicles waiting to enter, or exit, the new overhead large garage door, referenced in Condition Number 4, such that the vehicles block the driveway. 7. The parking area shall be striped as shown on the Plan referenced in Condition Number 3 in accordance with Public Works Standards and Specifications. 8. All repair work shall be conducted inside the building. 9. The existing overhead garage doors located on the northern side of the building shall be enclosed on the interior to the building such that no access to and from the building shall be possible. The exterior of said doors shall be painted to match the color of the exterior of the building. 10.There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11.There shall be no cargo container units, whether on or off a chassis, located on the site. C.P. Marine & Diesel, Inc. Page 3 of 3 12.No outdoor vending machines and/or display of merchandise shall be permitted. 13.The corrugated metal portions of the building shall be repainted a neutral tone. 14.There shall be no bulk storage or motor vehicle sales permitted on the site. 15.Any trash dumpster located on the property shall be screened with a six (6)- foot high privacy fence and gate at the opening. 16.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. Submitting Department/Agency: Planning Department .7 City Manager: /V Applicant C.P. Marine & Diesel, Inc Agenda Item Property Owner Carl & Gloria's Repair Shop, LLC �� Planning Commission Public Hearing October 12, 2022 City Council District District 4,formerly Bayside 2 Virginia Beach Request Modification of Conditions (Automobile Repair Garage) Staff Recommendation di e4 .k„ Approval g`�• Q'000 Staff Planner Elizabeth Nowak ,, •, Location ,. �- ui.ton•Av.nu. - -'� 1399 Air Rail Avenue 'i g• GPIN s 1459832366 a `' AVenue i Site Size Wa`d 17,465 square feet I AICUZ b CD Less than 65 dB DNL a ' Watershed s7 4-:F 73 Chesapeake Bay ^�y 0. Existing Land Use and Zoning District Automobile Repair Garage /I-1 Light Industrial • Surrounding Land Uses and Zoning Districts .. North t' S Office 1-1 Light Industrial , _.--',..-ts.s.rilLN- . ;-,-.* , 7, t - .-, ,,, . South Office/ I-1 Light Industrial ir EastN4 Vi#16 e: Air Rail Avenue ' ` c T. Warehouse/ I-1 Light Industrial West ''} - r , Railroad/Miller Store Road i; , •Ap ThurstonAyenue Office/ 1-1 Light Industrial ti= � = . ' .. C.P. Marine & Diesel, Inc Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is requesting to modify the following conditions of a Conditional Use Permit for an Automobile Repair Garage that was approved by City Council on July 7, 2015: o Condition 3:Vehicles shall only be parked in the spaces shown on the Plan entitled "C.P. Marine& Diesel Services, Proposed Site Layout, 1399 Air Rail Avenue." Four of the said parking spaces shall only be for employees, as designated on the Plan. o Condition 6:The parking area shall be re-striped as shown on the Plan referenced in Condition Number 3 in accordance with Public Works Standards and Specifications. o Condition 9:There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage,then such vehicles shall be stored within the building. o Condition 13:The trash dumpster shall be screened with a six(6)-foot high privacy fence and gate at the opening. o Condition 14:There shall be no bulk storage or motor vehicle sales permitted on the site. • In July 2022, a notice of violation was issued for this property for violating several conditions of the Conditional Use Permit for the Automobile Repair Garage, including conducting work outside; parking lot striping that differed from the approved site plan;vehicles parked in the easement referenced in Condition 5; missing screening for dumpsters; and outdoor storage of tires and other miscellaneous items. Included in this citation was a notice for insufficient landscaping, which the applicant has since remedied with approval from the Zoning Inspector. • The applicant wants to modify Conditions 3 and 6 to retain their parking lot as its 12 parking spaces are currently configured. Per Section 203(a)(16), one space is required for every 900 square feet of floor area;this building is approximately 5,600 square feet,which would require seven parking spaces. The original concept plan for this site showed two parking spaces in the front of the building,two spaces perpendicular to Air Rail Avenue, and five parking spaces along the south elevation of the building. The present configuration of the parking lot includes three spaces in front of the building perpendicular to Air Rail Avenue and eight spaces along the south elevation of the building. The applicant states this configuration is better suited to circulation on their property. • The applicant wishes to modify Condition 13 to reflect the fact that the dumpster they use is located on the adjacent property and have no ability to address an off-site requirement. C.P. Marine & Diesel, Inc Agenda Item 2 Page 2 j: • #°/ ciQ ; J Zoning History # Request 4 :' 1 CUP Motor Vehicle Repair Garage)Approved 07/07/2015 Thurston Avenue 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 Staff is supportive of several of the requested modifications, including the new proposed parking lot layout, removal of the required 'employee only' specific parking spaces, and clarifications regarding the dumpster. The organization of the parking lot appears to provide adequate parking service for the current business and is located outside the private ingress/egress easement shared with the adjoining southern parcel. Staff does note that removal of one of the three spaces located in front of the office would create additional space to maneuver and/or queue automobiles without affecting neighboring properties,though the requested configuration should be sufficient to meet the recommended conditions of this approval. On a site this size, identifying parking for employees only is unnecessary. Based on this, Staff has no objection to the removal of the requirement that dedicates specific spaces to employees or customers. Finally, as the current dumpster is not located on this property,Staff is supportive of modifying the language of Condition 13 to refer generally to dumpsters that may be located on the lot (see language in the proposed condition below). In Staff's opinion,the remaining conditions should remain as written, including Condition 9 and Condition 14.These are standard conditions that are recommended for typically all Automobile Repair Garage applications for Conditional Use Permits.The conditions specifically require such garages to be kept in an orderly fashion. Additionally,when the original Conditional Use Permit application came forward in 2015,the property owner of the parcel adjoining this site to the north shared several concerns about noise impacts, neatness of the site over time, and obstruction and encroachment into the shared access easement on the north side of the subject parcel. Ultimately,this property owner sent a letter of support to City Council for the application that was contingent on the conditions recommended by Planning Commission at the April 8, 2015 hearing. Staff shared the concerns expressed by the adjacent property owner in 2015 with the Commission and provided recommended conditions to address them. Staff maintains that these conditions are appropriate and relevant for the use of this site as an Automobile Repair Garage. The auto-related use is compatible with the existing character of the area and with recommendations in the Comprehensive Plan for this part of the city. The site is located within an existing light industrial park and is adjacent to the Norfolk Airport. As this site is within a half mile of the city limits, comments from the City of Norfolk were solicited and no concerns were expressed regarding this request given its existing setting and as it has no conflict with any Norfolk transportation plans. As the size of the business is not increasing, Staff anticipates no impact on traffic due to the use.The parking minimum as required by the Zoning Ordinance is met and exceeded on site. C.P. Marine & Diesel, Inc Agenda Item 2 Page 3 Staff is unaware of any opposition to this request and is recommending approval subject to the conditions recommended below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted on July 7, 2015 are hereby deleted and superseded by the following conditions. 2. Street front and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 3. Any trailers or equipment encroaching into the railroad right-of-way and the ten (10)-foot wide utility and drainage easement along the northwest lot line shall be removed. 4. Vehicles shall only be parked in spaces shown on the proposed LAYOUT SKETCH included in the staff report on page six. 5. A second overhead garage door may be installed on the northeastern side of the existing building,to the right of the existing overhead garage door, as depicted on the plan referenced in Condition Number 3. In no case, however, shall the northernmost edge of the opening for the new overhead garage door be any closer than six(6)to seven (7)feet from the northern side of the existing building, as depicted on the Plan referenced in Condition 3. 6. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C.P. Marine) and X-C(Creative Sales, Inc.).There shall be no queuing of vehicles waiting to enter, or exit,the new overhead large garage door, referenced in Condition Number 4, such that the vehicles block the driveway. 7. The parking area shall be striped as shown on the Plan referenced in Condition Number 3 in accordance with Public Works Standards and Specifications. 8. All repair work shall be conducted inside the building. 9. The existing overhead garage doors located on the northern side of the building shall be enclosed on the interior to the building such that no access to and from the building shall be possible.The exterior of said doors shall be painted to match the color of the exterior of the building. 10. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 11. There shall be no cargo container units,whether on or off a chassis, located on the site. 12. No outdoor vending machines and/or display of merchandise shall be permitted. 13. The corrugated metal portions of the building shall be repainted a neutral tone. 14. There shall be no bulk storage or motor vehicle sales permitted on the site. 15. Any trash dumpster located on the property shall be screened with a six (6)-foot high privacy fence and gate at the opening. 16. 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. C.P. Marine & Diesel, Inc 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. Conditions of 2015 Conditional Use Permit Approval 1. Street front and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 2. The trailer and equipment encroaching into the railroad right-of-way and the ten (10)-foot wide utility and drainage easement along the northwest lot line shall be removed. 3. Vehicles shall only be parked in the spaces shown on the Plan entitled "C. P. Marine & Diesel Services, Proposed Site Layout, 1399 Air Rail Avenue." Four of the said parking spaces shall only be for employees, as designated on the Plan. 4. A second overhead garage door may be installed on the northeastern side of the existing building, to the right of the existing overhead garage door, as depicted on the plan referenced in Condition Number 3. In no case, however, shall the northernmost edge of the opening for the new overhead garage door be any closer than six (6)to seven (7) feet from the northern side of the existing building, as depicted on the Plan referenced in Condition Number 3. 5. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C.P. Marine) and X-C (Creative Sales, Inc.). There shall be no queuing of vehicles waiting to enter, or exit, the new overhead large garage door, referenced in Condition Number 4, such that the vehicles block the driveway. 6. The parking area shall be re-striped as shown on the Plan referenced in Condition Number 3 in accordance with Public Works Standards and Specifications. 7. All repair work shall be conducted inside the building. 8. The existing overhead garage doors located on the northern side of the building shall be enclosed on the interior of the building such that no access to and from the building shall be possible.The exterior of said doors shall be painted to match the color of the exterior of the building. 9. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 10. There shall be no cargo container units,whether on or off a chassis, located on the site. 11. No outdoor vending machines and/or display of merchandise shall be permitted. 12. The corrugated metal portions of the building shall be repainted a neutral tone. 13. The trash dumpster shall be screened with a six(6)-foot high privacy fence and gate at the opening. C.P. Marine & Diesel, Inc Agenda Item 2 Page 5 14. There shall be no bulk storage or motor vehicle sales permitted on the site. Comprehensive Plan Recommendations The proposal is located in the Burton Station Strategic Growth Area, in the Airport Industrial Park. Industrial uses are expected in this area of the SGA, and the Plan calls for minor retrofits to safeguard the future success of the area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There are no cultural resources located on this site. Traffic Impacts No change in traffic is expected with this proposal as the size and intensity of the use will remain unchanged. There are no available traffic counts for Air Rail Avenue. Public Utility Impacts Water City water is currently connected to the site. Sewer City sanitary sewer is currently connected to the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 25, 2022 and October 2, 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 September 26, 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 October 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 30, 2022 and November 6, 2022. C.P. Marine & Diesel, Inc Agenda Item 2 Page 6 • 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 October 31,2022 • 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 November 11, 2022. C.P. Marine&Diesel, Inc Agenda Item 2 Page 7 Proposed Site Layout fN- J W __.___ .. O `" M w W> � Q Q i I 7 i_ - �1 :t > LIA D —<Z UJ / ..- ci 5, LU co ! C� r > cy x 1 J Q 1 i IT _..4'- • aJW 1 M Q D Z � W O > is 1 C.P. Marine & Diesel, Inc Agenda Item 2 Page 8 2021 Aerial Photograph — Parking Layout as Requested with Modification t 4 gv s *pit . 44444isk i i -r E ,),1t: I ..,-a; ,,,_-_, , aN, / k ,j i _ / a`.y r j �, ,. -4,N -i i ' .'f: '', NN, 4 i v 4 f\wN 1%. *N::::: ft ` 'I ` -40 C.P. Marine & Diesel, Inc Agenda Item 2 Page 9 Previously Approved Site Layout v, ' 2 to' uNX Ti re um WQ V N r; .4* i W W 1k-'.. .6L6ZL' • J y; •rY1.•4 ' ;` , m t � Li .. ,,:_..f > o Peen n •-.,-:, '',•V „,,_, , hi - .L- .2- • '-4 is J �'•' '' Cl) 0 Z W 0A1 .'s. -_ NQ �. w4 0X J 3 V.J.J CI L W u OS W d tm 4- ZZ W H Q X� .,W Z N Cl) ILI II W� aco W0 W LL a'' rgaQ ,. a a N ri M (3 a V- C.P. Marine & Diesel, Inc Agenda Item 2 Page 10 Site Photos ... _. _ . . . _. __ Ali 4I1P1 ! ..ailliap ' .----__ . ., ... --.:-._:.,---------- ,-.r;,, 4r -.i-, ..1 . ._—• -- -- its . .._ _ . ,.... .....,..--...,--:-.,-, , .„....--„...-...-::. ......,,,.....-..?„,_.'_17..?:.,,-..-.4----- :).-...•-r,.,-.-,.. ..,..?,/,.....1.-_, -,,t,,, ..._ ..4.- J-0;-.4--,-- - - • . ,.,fri„.. - - _ - 414''" " ,-.--''. #.•--F".., ,,.-*:-,--7 *-.•',.-L,...---,..t....-,-„0,-,..!*,..,,,„,....-,-...,-1: ,.....„-,,,z- i:-.....• '-'•: •-17-.. --..-...;,---...-T-.. - - . . . • , • ._ • . • . , . . . _ . . ‘ ..... . . - . . . . • • • " - - • .4.4.... 14. , - , _ . . do„,.._ -- ,•- ,pi—isijr.„..: .....,-. -, . - • . •• ;•••••..,,,„-.- . • •. •, • .., -. -- -!- _.• * Afil.•,.i_i• S':-*.-1. , . .i. • , - 4", ,• - ,., , , , .• '..j 4; ..,,. n4....`... .-4-,,,,.,,4I::-..4-s..• 10.,,....-- _,..4 ,...... .:,., Vik.... ''' '. .' '.-- . 7.. -. . . t-'i.1- . , '44'.' ' .,f'.'t,4- 1. - lir 1- ''''• ' '-.1..' , - •,- 4. .,,' ••••.:.„,Ale,A IS lit - M.41F-4.•:'-i's. 1‘1- ,n-:Z•4;- •-at-''''*,,„ :::‘ ' , .• N, - - ;VOF . ''' * 401 ''. -•,:' -•.,"'' -' '..,•• "C - ' I* :',7,,t '.,-.:.'e '--jr Ai.',„ s .:-, :NI* _.,-„.. ...• ..-,.• -', Ntibis, in „n: ••,.. ,-.,.•.t: `-:-- ' .. Z.I...;,'-..,,,flo ' -- ,,,; .._224',...t., .• ... ' '; -** "•`.4 War'• 'At;--", '" %- .:..i 1,11".: .,.'',.....4,1!" . t.-1•Ik'' '4,'‘k'''''ci'.•..-iZg.r.'•:.''7,-• • • ...• 4 I •'T' .14.i ..,... •.• .. . ,..,„.„,.....,,_ ..4 „•,,,,,,..„„. , ......-- IQ ,,,,.......... ' '' - A r A'k-•t. ' .-4',... es, C...., -• ..1t4,' 7 I(0 4,.. . t\ ti nit: -----....,\.....4 .,.. ..1,'*e. 00A '.,' .. -,... V .. , • . .. . ••...••.- -......• •...- tt::-',I- '''' • ....r.- '1.. •' ..-...---. , . • .....ll:7./ . ••• - - ' --• 1"' IP._. aa••• ' .' ' ipliZ7ir • . I . - -••• • le. '''. • , -••••• • .al 0' ...--' '''. • - Irallir al ._...._ 4-.\-• Inildalr••::PP tf-''-._ . , i! f *WI _ '' • 7 . . '11,..-..z.--,...—.."' • ------. -_,---....ac- 44; " pr ".illt. - , ,.....,• -'•--',\''.."-,;': ---.:: ..*"..7., _ ... - "or. .‘-,: .. . .. •,' -• -._- . Z'i, ..h. • • -,. -_,-- -- . - •---- .• ----..--,-. _-",....,,,,,,f!..,,-.00,1,- • -. .... .',, - •'-,- ---.7. -.-',._-- -:-.--7% --'!. ..;‘,...!. ••. "V.,,•-''''k.h::; '''••• ''-' - -• ----'t4"",41Wh ' - •,' ..‘ '' .• ' ...:.4,tre• 31'.75.-1%,. --.)c-•- • -• -r.„-- 4- -c:,-:, -. ('-'' -i.... "`"1 • • - - - -'1,,.",, __,..,,,„.:- ts: ...,.•-• 1. -.- , • :%.:* - '*i -- ' -' ''' 'm - •1- -,.:.- _--- .;7' -''', . . , '... . ... ,, • .,..-, .. ,.. • _. • . . . . . ... , ..._ .. .,„ • C.P. Marine & Diesel, Inc Agenda Item 2 Page 11 Site Photos '310' T - ANIIIIIIII11116:k., * inlirliir-' ,tA t i.f 11 illlfigilMIIIIrirr ate. , . _ :_ �--� p ..: ..F._-_-__-_. _ -,....---, :iiii.,IL„. ,_. . , ,_,. , .:-., „tillik.„, ,. -.w _a - _ - ' i s , ,-t -i`_ .`` .... tfl.; 4,1.ma*. .-n: r.7-' . s ::,'',- ,£i;-4lf , i.....<.-k..,._ - u. ,-. -. ___ ' ..•. - -. C.P. Marine & Diesel, Inc Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name CP Marine and Diesel Inc. Does the applicant have a representative? IN Yes ❑ No • If yes,list the name of the representative. Carl S Pitt Jr 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) Carl Pitt,Gloria Pitt • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101- '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 1 I ,a g C.P. Marine & Diesel, Inc Agenda Item 2 Page 13 Disclosure Statement Disclosure Statement VB c,• ,v„p,,,,,rRafi 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. 2. Does the applicant have a real estate broker/agent/reactor 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. Atlantic Accouting-Linda Passaro 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 E 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. Revised 11.09.2020 2 1 Page C.P. Marine & Diesel, Inc Agenda Item 2 Page 14 Disclosure Statement *NBDisclosure Statement Cltiof i,gmnrksx 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 • 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 IN 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. 64(44, W Applicant Signature Gloria Pitt Vice Ares Print Name and Title 9/28/2022 Date is the applicant also the owner of the subject property? ■ Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications xQ No changes as of Date 10/27/2022 Signature (1.4a.eati D una Print"me I Elitabeth Nowak Revised 11.09 2020 3 I C.P. Marine & Diesel, Inc Agenda Item 2 Page 15 Disclosure Statement Disclosure Statement Vi3 nlOy,rm Aeud; Planning&Community Development • Owner Disclosure Owner Name Cad and Gloria's Repair Shop,LLC Applicant Name CP Marine and Diesel,Inc. oration ❑ NO Is the Owner a corp oration,,partnership,firm,business,trust or an unincorporated business? Yes • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Gloria Pitt,Carl Pitt • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ■No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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 a'so 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 5 I C.P. Marine & Diesel, Inc Agenda Item 2 Page 16 Disclosure Statement Disclosure Statement \43 rrry of vi,v,n a Semi' Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?■ Yes 0 No • If yes,identify the firm and individual providing the service. Attlantic Accounting-Linda Passaro 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. 6, Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I 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 II No • If yes,identify the firm and individual providing the service. Revised 11 09 2020 6 I C.P. Marine & Diesel, Inc Agenda Item 2 Page 17 Disclosure Statement Disclosure Statement City nfl'trgnm Rend, 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 or the property?❑Yes •No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the appl cation 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 Gloria Pitt Vice pres Print Name and Title 09/28/2022 Date Revised 11.09.2020 7 1 P a g C.P. Marine & Diesel, Inc Agenda Item 2 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. C.P. Marine & Diesel, Inc Agenda Item 2 Page 19 Virginia Beach Planning Commission October 12, 2022, Public Meeting Agenda Item # 2 C.P. Marine & Diesel, Inc (Applicant) Carl & Gloria's Repair Shop, LLC (Property Owner) Modification of Conditions (Automobile Repair Garage) Address: 1399 Air Rail Avenue RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: All right, thank you. The next item is number two, CP Marine Diesel Service for Modification of Conditions at 1399 Air Rail Avenue. Is there a representative here to speak? Please come forward. Sir, if you could state your name for the record. Carl Pitt: Yes. Good afternoon. My name is Carl Pitt Jr. I am the shop foreman and treasurer for CP Marine and Diesel. Mr. Alcaraz: All right, and do you accept the conditions? Carl Pitt: Yes. Mr. Alcaraz: All right. Thank you. You may be seated. Carl Pitt: Okay, thank you. Mr. Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none. I've asked Commissioner Cuellar to read this item for the record, please. Ms. Cuellar: Thank you. The applicant is requesting to modify conditions of a Conditional Use Permit for an automobile repair garage that was approved by City Council on July 7th, 2015. These modifications more accurately reflect the business and focus on parking spaces, usage and storage. Being that there's no opposition, the Commission recommends this be put on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, 5, 6, and 7. Jack Wall: Thank you. Do I have a motion to approve the consent agenda as read by the vice chair? Mr. Alcaraz: Mr. Chairman, I move that these items be approved by consent. Jack Wall: Okay. Thank you. Is there a second? Mr. Horsley: Second. Jack Wall: Okay. Got a motion by Mr. Alcaraz, a second by Mr. Horsley. Is there anybody that needs to abstain? Any Planning Commissioners needing to abstain from these items on the consent agenda? You need to hit the second button right there. Mr. Horsley: Thanks. Mr. Alcaraz: I was the mover on that. Ms. Cuellar: Pardon me. I think... Yeah, I was not the mover. My finger accidentally hovered on the button. Jack Wall: Oh, okay. Madam Clerk: The vote is open. Jack Wall: Okay, so the vote is open. We'll just proceed. Okay. Madam Clerk: By vote of nine in favor, zero against, agenda items 1, 2, 3, 4, 5, 6, and 7, have all been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE • Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the Conditional Use Permit granted on July 7, 2015 are hereby deleted and superseded by the following conditions. 2. Street front and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 3. Any trailers or equipment encroaching into the railroad right-of-way and the ten (10)-foot wide utility and drainage easement along the northwest lot line shall be removed. 4. Vehicles shall only be parked in spaces shown on the proposed LAYOUT SKETCH included in the staff report on page six. 5. A second overhead garage door may be installed on the northeastern side of the existing building, to the right of the existing overhead garage door, as depicted on the plan referenced in Condition Number 3. In no case, however, shall the northernmost edge of the opening for the new overhead garage door be any closer than six (6) to seven (7) feet from the northern side of the existing building, as depicted on the Plan referenced in Condition 3. 6. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C.P. Marine) and X-C (Creative Sales, Inc.). There shall be no queuing of vehicles waiting to enter, or exit, the new overhead large garage door, referenced in Condition Number 4, such that the vehicles block the driveway. 7. The parking area shall be striped as shown on the Plan referenced in Condition Number 3 in accordance with Public Works Standards and Specifications. 8. All repair work shall be conducted inside the building. 9. The existing overhead garage doors located on the northern side of the building shall be enclosed on the interior to the building such that no access to and from the building shall be possible. The exterior of said doors shall be painted to match the color of the exterior of the building. 10. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11. There shall be no cargo container units, whether on or off a chassis, located on the site. 12. No outdoor vending machines and/or display of merchandise shall be permitted. 13. The corrugated metal portions of the building shall be repainted a neutral tone. 14. There shall be no bulk storage or motor vehicle sales permitted on the site. 15. Any trash dumpster located on the property shall be screened with a six (6)-foot high privacy fence and gate at the opening. 16. 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. CONDITIONS OF 2015 CONDITIONAL USE PERMIT 1. Street front and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 2. The trailer and equipment encroaching into the railroad right-of-way and the ten (10)-foot wide utility and drainage easement along the northwest lot line shall be removed. 3. Vehicles shall only be parked in the spaces shown on the Plan entitled "C. P. Marine & Diesel Services, Proposed Site Layout, 1399 Air Rail Avenue." Four of the said parking spaces shall only be for employees, as designated on the Plan. 4. A second overhead garage door may be installed on the northeastern side of the existing building, to the right of the existing overhead garage door, as depicted on the plan referenced in Condition Number 3. In no case, however, shall the northernmost edge of the opening for the new overhead garage door be any closer than six (6) to seven (7) feet from the northern side of the existing building, as depicted on the Plan referenced in Condition Number 3. 5. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C.P. Marine) and X-C (Creative Sales, Inc.). There shall be no queuing of vehicles waiting to enter, or exit, the new overhead large garage door, referenced in Condition Number 4, such that the vehicles block the driveway. 6. The parking area shall be re-striped as shown on the Plan referenced in Condition Number 3 in accordance with Public Works Standards and Specifications. 7. All repair work shall be conducted inside the building. 8. The existing overhead garage doors located on the northern side of the building shall be enclosed on the interior of the building such that no access to and from the building shall be possible. The exterior of said doors shall be painted to match the color of the exterior of the building. 9. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 10. There shall be no cargo container units, whether on or off a chassis, located on the site. 11. No outdoor vending machines and / or display of merchandise shall be permitted. 12. The corrugated metal portions of the building shall be repainted a neutral tone. 13. The trash dumpster shall be screened with a six (6)-foot high privacy fence and gate at the opening. 14. There shall be no bulk storage or motor vehicle sales permitted on the site. Ii i AG2 I (1' AG2 AG2 \702 B2 o. N Site w AO& 1: Property Polygons M.M. Rollins & Company, a Virginia Corporation 652 Princess Anne Road Zoning s Building Feet 0 1020 40 60 80 100 120 el% if„.7 .I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: M.M. ROLLINS & COMPANY, A VIRGINIA CORPORATION [Applicant & Property Owner] Change of Zoning (AG-2 Agricultural District to B-2 Community Business District) for the property located at 652 PRINCESS ANNE ROAD (GPIN 2309603135). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: November 15, 2022 • Background: The applicant is requesting to rezone the northern portion of this site from AG-2 Agricultural District to B-2 Community Business. The site, located in Creeds Village, was originally two separate parcels. In May of 1985, a plat was recorded that consolidated the two parcels into one lot, resulting in a split zoning of the site (AG-2 and B-2). The southern portion of the site, zoned B-2, has been operating as a legally nonconforming auto sales and service business since the early 1950s, prior to the merger of the City of Virginia Beach and Princess Anne County. The applicant recently purchased the property and has entered a five-year lease with the current operator of the auto sales and service business. There are no plans, at this time, to expand the business onto the portion of the site that is proposed to be rezoned from AG-2 to B-2. If an expansion occurs, a Conditional Use Permit would be required. • Considerations: This request aligns with the Comprehensive Plan's vision, as it will enhance expansion opportunities for service and commercial business in the rural area of the City. There are no specific recommendations or guiding principles identified in the Comprehensive Plan for the Creeds Rural Community; however, Rural villages historically serve as the core for business and community activities providing basic retail and service uses for those who live and work in the area. Rezoning the split zoned property to a uniformed B-2 zoning will not adversely change the character of the surrounding area, as the majority of this property has been operating as a commercial use for over six decades. The existing legally nonconforming use is restricted to the existing B-2 zoned area and cannot be expanded without City Council approval. There has been some spill over of the use onto the northern portion of the parcel, to be rezoned AG-2, the applicant has been made aware and has begun to remove equipment outside of the restricted area. The applicant plans to install a noticeable demarcation to distinguish M.M. Rollins & Company, a Virginia Corporation Page 2 of 2 between the area allowed for the legally nonconforming use and the areas that do not. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On October 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. ■ 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 Applicant & Property Owner M. M. Rollins & Company, a Virginia Corporation Agenda Item Planning Commission Public Hearing October 12, 2022 coot. City Council District District 2,formerly Princess Anne Virginia Beach Request Rezoning (AG-2 Agricultural District to B-2 Community Business District) a Staff Recommendation f Approval Aura Dave Staff Planner Marchelle Coleman r Location a 652 Princess Anne Road _ GPIN Portion of 2309603135 z Site Size D 38,812 square feet 4, ,, P r AICUZ 1 s Less than65dBDNL . i 0 Watershed Southern Rivers c Existing Land Use and Zoning District - , , Auto Sales &Service/AG-2 Agricultural, B-2 ' r°I- ' -s Community Business District Q r Surrounding Land Uses and Zoning Districts North ., i _7. -• -c- Single-family dwelling/AG-2 Agricultural • # OP - ? South i� 1 Auto Sales& Service/AG-2 Agricultural, B-2 _ � , Community Business District ;. ":"'''.' '";.- East 1 '� •'i' '44111` Undeveloped lot/AG-2 Agricultural _.i 9i �,e. -'=. Westiy ,4 Princess Anne Road r "" Single-family dwelling, cultivated field/AG-2 - f.' Agricultural M. M. Rollins &Company Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant owns one parcel totaling 38,812 square feet that is zoned both AG-2 and B-2.This proposal is to rezone a portion of that site (17,937 square feet) currently zoned AG-2 Agricultural District to B-2 Community Business District. • The overall property was originally two separate parcels. In May of 1985, a plat was recorded that consolidated both parcels into one lot, designated as Site 21C on the exhibit on page five of this report. • A portion of the parcel, specifically the B-2 zoned area, has been operating as a legally nonconforming auto sales and service business since the early 1950s, prior to the merger of the City of Virginia Beach and Princess Anne County. • The applicant, who just recently purchased the property, has entered into a five year lease with the current operator of the auto sales and service business, but only for the portion of the site that is currently zoned B-2 (approximately 20,874 square feet). The applicant's representative has indicated that there are no future plans at this time to expand that business onto the portion of the site that is proposed to be rezoned to B-2. If that occurs,the applicant is aware that a Conditional Use Permit for the operation will be necessary. • Future use of the newly rezoned portion of the site as well as the existing B-2 zoned portion of the site will be required to comply with those identified in the Zoning Ordinance. Furthermore,the applicant's representative indicated that it is the property owner's intent that any future use will be in keeping with the goals and policies set forth in the Comprehensive Plan for the Rural Area of the City, specifically for the Rural Village of Creeds. .2 / No Zoning History to Report 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, the request to rezone a 17,937 portion of this parcel from AG-2 Agricultural District to B-2 Community Business District is acceptable. The applicant's representative indicated that the almost 18,000 square foot area to be rezoned is not large enough to support a viable agricultural operation. M. M. Rollins & Company Agenda Item 1 Page 2 The property is located in Creeds Village in the Rural Area of the City. Rural villages have historically served as the core for business and community activities providing basic retail and service uses for those who live and work in the immediate area.The Comprehensive Plan indicates that the rural villages can include a mix of locally-oriented retail and services and community facilities designed to be compatible with the area context. While there are no specific recommendations or planning guidelines identified in the Comprehensive Plan for the Creeds Rural Community, the rezoning to a commercial district does align with the Comprehensive Plan's vision as it will enhance expansion opportunities for service and commercial businesses in this rural area of the city. In Staff's opinion, rezoning this split-zoned property from AG-2 Agricultural and B-2 Community Business to a uniformed B-2 Community Business zoning will not adversely change the character of the surrounding area, as the majority of this property has been operating as a commercial use for over six decades. It is important to note that the current boundary of the legally nonconforming use is restricted to the existing B-2 zoned area of this parcel, as it was developed prior to the current regulations outlined in the City's Zoning Ordinance. As noted above,the existing auto related use cannot be expanded beyond this boundary, identified on the exhibit on page five of this report as 'B-2 zoned area',without City Council approval. To alleviate any confusion regarding the limited area of the existing legally nonconforming use (auto sales and service), the applicant has agreed to either install a fence or provide a noticeable demarcation to distinguish between the area that allows for the legally nonconforming use and the areas that do not.The existing auto related use will be monitored by Staff to ensure that the use remains within the boundary of the legal nonconformity. As shown on aerial photography and as observed by Staff in the field,there has been some spill-over of the auto related use into this northern portion of the parcel that is zoned AG-2 Agricultural District. The applicant is aware of this oversight and has begun efforts to remove merchandise and equipment associated with the business that are located outside of the boundary designated for this legally nonconforming use. Based on these considerations, Staff recommends approval of this request. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Creeds Village in the Rural Area of the city. The Rural Area with primarily agricultural and rural related activities. Rural Villages have historically served as the Rural Area's business and community core area and provide basic retail and services to the local community. Development in these villages should include a mix of locally oriented retail or services and community facilities designed to be compatible with the area context. Non-residential development should be located within a rural village. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth pressures. The vision for the rural area is to remain rural into the foreseeable future. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known significant cultural resources associated with the site. M. M. Rollins & Company Agenda Item 1 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 6,250 ADT1 11,200 ADT 1(LOS 4"D„) Existing Land Use 2—0 ADT Proposed Land Use 3—225 ADT 1 Average Daily Trips 2 as defined by a 18,000 square 3 as defined by a 18,000 square a LOS=Level of Service foot undeveloped agriculturally- foot B-2 zoned parcel zoned parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road, in the vicinity of this site, is a rural two lane highway. Princess Anne Road has a variable width right-of-way. The MTP shows an undivided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are no CIP projects for Princess Anne Road in the vicinity of this site. Public Utility Impacts Water& Sewer City water and sanitary sewer service are not available to this site.The site is served by a private well and private septic system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 25, 2022 and October 2, 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 September 26, 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 October 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 30, 2022 and November 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 October 31, 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 November 11, 2022. M. M. Rollins & Company Agenda Item 1 Page 4 Proposed Rezoning Exhibit r it S 'S PO at• SIJ P MS; = Rezone to B-2 r----- - -- _ _ - , --3 _—_-� - __ -- w 1 g " SITE 2/A R I r 380 ACRES I I I x I is t411 ti r AG-2 1 G..2 . ,, .= sire tic 1 o 89d ACRES _—a utu#rr 0 o i**of Mira(Art MIAOW c(r L#. mar jet Neatrr tetra I 1l AI 1- ftl j 09 \b\,.(2...), 6 ibi :PVT; •�+1 '"�- _;YfM�O S vole(1 _ ‘ 4 Jr . r�s►r�rwr rr s . z�� gaili 1 111, 4o 14P3 rise I I '' I lis 99 99 0: 79 N73 $O !f1 PRINCESS ANNE ROAD (507 M. M. Rollins & Company Agenda Item 1 Page 5 Site Photos r_ .„, , • --- - . • i'". t B ,HATES C .., SALES C 1� J-y -- AUTO 7:TRC-t _E►� - ti 1 AMR • M. M. Rollins & Company Agenda Item 1 Page 6 Site Photos ,k M. M. Rollins &Company Agenda Item 1 Page 7 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name M.M.Rollins&Company Does the applicant have a representative? ■Yes ❑No • if yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 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) Marvin M.Rollins,Jr.,President;Marvin M.Rollins,III,Vice President;Gayle B.Rollins,Treasurer,Ashey S.Rollins,Secretary • 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 I M. M. Rollins & Company Agenda Item 1 Page 8 Disclosure Statement Disclosure Statement Cayof„viniii ..t 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. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O 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 E 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 purchase,and purchaser's service providers. Revrsed 11 09.2020 2 I P a g e M. M. Rollins & Company Agenda Item 1 Page 9 Disclosure Statement Disclosure StatementNi13 r`ap,y►'iryineu flail, 'lanning&Commun4 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 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 0 No • If yes,identify the firm and individual providing the service R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. M.M Rollins&Company pp BY: ) i a`t.ii- / Crt,t1,M 4 Applicant Signature Marvin M.Rollins,Jr,President Print Name and Title July a 0,2022 Date Is the applicant also the owner of the subject property? ■Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Signature [XI No Dat 1 10/26/2022 �" •Print Name Marchelle L.Coleman 3 M. M. Rollins &Company Agenda Item 1 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. M. M. Rollins &Company Agenda Item 1 Page 11 Virginia Beach Planning Commission October 12, 2022, Public Meeting Agenda Item # 1 M.M. Rollins & Company, a Virginia Corporation (Applicant & Property Owner) Rezoning (AG-2 Agricultural District to B-2 Community Business District) Address: 652 Princess Anne Road RECOMMENDED FOR APPROVAL— CONSENT Jack Wall: Okay, thank you. Next order of business is the consent agenda and I'm going to turn the consent agenda over to the vice chair to run that portion of the meeting. Mr. Alcaraz: Thank you, Mr. Chair. Today we have seven items on the consent agenda. These items are applications that are recommended for approval by staff and the Planning Commission has concurred and there are no speakers signed up in opposition of the agenda item. So, moving on. Item number one, M.M. Rollins and Company for Rezoning at 652 Princess Anne Rd. All those come forward. Please speak. State your name. Eddie Bourdon: Thank you, Mr. Vice Chair, Mr. Alcaraz. Mr. Chairman for the record, Eddie Bourdon, attorney representing M.M. Rollins and Company. Mr. Rollins appreciates being on the consent agenda, saved him coming up from Creeds for the meeting today and appreciate your good work. Happy to answer any questions. Mr. Alcaraz: Are the conditions acceptable? Eddie Burdon: It's acceptable. Thank you. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bradley to read this item for the record. Mr. Bradley: Okay, thank you. The applicant owns one parcel total on 38,812 square feet that is zoned both AG-2 and B-2. The proposal is to rezone a portion of that site currently zoned AG-2 Agricultural District to B-2 Community Business District. The overall property was originally two separate parcels. In May of 1985, a plat was recorded that consolidated both parcels into one lot. A portion of that parcel, specifically the B-2 zoned area has been operating as a legally nonconforming auto sales and service business since the early 1950s prior to the merger of the City of Virginia Beach and Princess Anne County. Future use of the newly rezoned portion of the site as well as the existing B-2 zone portion of the site will be required to comply with those identified in the Zoning Ordinance. Furthermore, the applicant's representative indicated that is the property owner's intent that any future use will be in keeping with the goals and policies set forth in the Comprehensive Plan for the rural area of the City, specifically the rural village of Creeds. The Planning Staff recommended this item and since there's no known opposition, we're recommending putting it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, 5, 6, and 7. Jack Wall: Thank you. Do I have a motion to approve the consent agenda as read by the vice chair? Mr. Alcaraz: Mr. Chairman, I move that these items be approved by consent. Jack Wall: Okay. Thank you. Is there a second? Mr. Horsley: Second. Jack Wall: Okay. Got a motion by Mr. Alcaraz, a second by Mr. Horsley. Is there anybody that needs to abstain? Any Planning Commissioners needing to abstain from these items on the consent agenda? You need to hit the second button right there. Mr. Horsley: Thanks. Mr. Alcaraz: I was the mover on that. Ms. Cuellar: Pardon me. I think... Yeah, I was not the mover. My finger accidentally hovered on the button. Jack Wall: Oh, okay. Madam Clerk: The vote is open. Jack Wall: Okay, so the vote is open. We'll just proceed. Okay. Madam Clerk: By vote of nine in favor, zero against, agenda items 1, 2, 3, 4, 5, 6, and 7, have all been recommended for approval by consent. AYE 9 NAY O ABS O ABSENT 2 Alcaraz AYE Bradley . AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley . AYE Oliver AYE _ Redmond ABSENT Wall AYE Weiner AYE OR OR A t2 N A Site w �'► Property Polygons Sacred Daggers, LLC .W. 529 Virginia Beach Boulevard Zoning Building Feet 0 510 20 30 40 50 60 4,( 1\ iw • CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SACRED DAGGERS, LLC [Applicant] PAVEMENT PARADISE, LLC [Property Owner] Special Exception for Alternative Compliance (Tattoo Parlor) for the property located at 529 Virginia Beach Boulevard (GPIN 24270615590000). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: November 15, 2022 • Background: The applicant is requesting a Special Exception for Alternative Compliance for a Tattoo Parlor as the use is not expressly listed in the use table of the Oceanfront Resort Form-Based Code (ORDFBC). The applicant proposes to offer traditional custom tattooing services with space for up to eight artists. The site is located in the ViBe Creative District near the southeast corner of Mediterranean Avenue and Virginia Beach Boulevard, with the storefront facing Virginia Beach Boulevard. The existing 9,076 square foot structure was built in 1945 and is occupied by multiple tenants including retail and office uses. The applicant intends to operate within a 1,500 square foot unit within the building and will remodel the interior and improve the aesthetic of the unit's façade with new exterior wall signage and a mural consistent with the ViBe Creative District. • Considerations: The ORDFBC provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan. Although the proposed use of `Tattoo Parlor' is not expressly listed in the ORDFBC, the proposed use will contribute to a mix of uses in the surrounding area which are compatible with one another. These creative uses support the recommendations of the Comprehensive Plan, specifically for developing and maintaining the goals and objectives for the ViBe Creative District, which fosters and promotes creative industries within the arts and cultural vocation. There is existing parking along Virginia Beach Boulevard which serves this building. The proposed use does not require any additional parking spaces, as the use is similar in nature from the previous tenant. The applicant met with the ViBe Creative District Board and the Friends of the Creative District Board throughout the application process. After extensive discussion, both Boards have endorsed the artisan tattoo business, as the operation will be conducted by appointment only and concentrated on custom Scared Daggers, LLC Page 2 of 2 artwork tattoos with a high-level focus on original artwork, specializing in providing art therapy to patients with medical scars and military veterans. Additionally, the Boards supported the creative business providing community programming such as art exhibits featuring original artwork by the resident artists and visiting tattoo artist events to engage with the creative community. 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 October 12, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 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. 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. 3. 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 Letter of Support (1) — Combined letter from both the ViBe Creative District Board and the Friends of the Creative District Board Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager• Applicant Sacred Daggers, LLC1VB Agenda Item Property Owner Pavement Paradise, LLC Planning Commission Public Hearing October 12, 2022 City Council District District 5,formerly Beach 6 Virginia Beach Request Alternative Compliance (Tattoo Parlor) O R +fit' �te� ii ✓ V.U.,.\\Staff Recommendation �& OR Approval ''--\ —f ��.0 tS. i \ Staff Planner Garek Hall Hannigan ' „go `a Bich 83 OR--- , \-R ,..,,-. NAt9in Location .�--" y• r . \ -.. , 529 Virginia Beach Boulevard + /Z0/��* '* I° 1 - \1\-\-VR \A ,0 111 2427061559 0 "" Site Sizeiiis ` m aQ aiib �� ` 20,970 square feet Cr ,, Job AICUZ I o I j' 70-75 dB DNL PS nD Watershed �. R,0 `101 ' Atlantic Ocean C-r---5I-----\ \----\ Existing Land Use and Zoning District Retail /OR Oceanfront Resort ��_ ALL � � b..),;. • +_♦ - _ z. Surrounding Land Uses and Zoning Districts . �‘ • - - it _ ., North - - -�' - • a Virginia Beach Boulevard k A 'r Art Gallery, Restaurant, Commercial /OR - $,,chi'�` '" •V(9'n — •rOceanfront Resort _ i6,1110-1‘.. South ... .\ -t - j Single Family, Duplex, Residential /A-12 ! = Apartment i,. ,ik--;:', �'East ; 4�;- 0' r-, ;, ; it A , via it Short Term Rental, Lodging /OR Oceanfront Ar- �` Resort ii- *tii ' -• ^c .A.. ` • •~ - . , ; ✓• West s,`¢ . : , :--s i Auto Sales, Commercial /OR Oceanfront Resort t y rich ..... _ Sacred Daggers, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Special Exception of Alternative Compliance for a Tattoo Parlor as the use is not expressly listed in the use table of the Oceanfront Resort Form Based Code. The applicant will be providing traditional custom tattooing services. The existing 9,076 square foot structure was built in 1945,with multiple tenants including retail and office uses. The operation will occur within one of the units, approximately 1,500 square feet. The property is zoned OR Oceanfront Resort and is within the ViBe Creative District. • The proposed tattoo parlor will employee eight tattoo artists. The typical hours of operation will be 12:00 p.m. to 8:00 p.m.,Tuesday through Saturday. The business will be operated by appointment only and do not accept walk-in clients. There will also be an art gallery in the lobby to display original artwork prints by the resident artists. • The applicant is proposing to remodel the interior, upfit the facade of the structure, and add new exterior wall signage and mural work consistent with the ViBe Creative District. 0R U -" __,-.L _-^ ----______(,,i \ � X6ou�and �r_ ____- beach _ — �--sh—m !ate-=� Zoning History r\ \ 11(1,011111 # Request oR 1 ALT(Tattoo Parlor)Approved 05/17/2022 - 2 CUP(Short Term Rental)Approved 09/08/2020 3 CUP(Eaten and Drinkin Establishment A roved ,\ 0 g g ) Pp 2 10/07/2014 \' t6 'i \ \ •1111111". ° A t2 li\ n '1-3. do 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 The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030). Although the proposed use of'Tattoo Parlor' is not expressly listed in the Oceanfront Form-Based Code, Staff supports the request as the proposed use will contribute to a mix of uses in the surrounding area which are compatible with one another.These creative uses support the goals of the Comprehensive Plan, specifically for developing and maintaining the goals and objectives for the ViBe Creative District, which fosters and promotes creative industries within the arts and cultural vocation. The site is located near the southeast corner of Mediterranean Avenue and Virginia Beach Boulevard, with the storefront facing Virginia Beach Boulevard. This section of Virginia Beach Boulevard is designated as a "Shopping" street frontage type by the Oceanfront Resort Form-Based Code,which is intended as a frontage with high pedestrian activity stimulated by wide sidewalks and slower-moving traffic patterns. With the applicant proposing to treat the building facade and allow for pedestrian scaled mural work,the proposal encourages pedestrian activity and alternative modes of human-scale transportation. Sacred Daggers, LLC Agenda Item 6 Page 2 There is an existing auto-oriented parking lot between Virginia Beach Boulevard and the facade of the structure which is not being proposed to be expanded under this application as the proposed use does not require any additional parking spaces:The use is similar in nature to the previous tenant, consistent with the parking requirements of the Oceanfront Resort Form-Based Code. The applicant has received a letter of approval from the ViBe Creative District Board and the Friends of the Creative District (FCD) Board, submitted to Staff on September 13, 2022, and can be seen below. The Boards endorsed the artisan tattoo business, as the operation will be conducted by appointment only and concentrated on custom artwork tattoos with a high-level focus on original artwork, specializing in providing art therapy to patients with medical scars and military veterans. Additionally,the Boards supported the creative business providing community programming such as art exhibits featuring original artwork by the resident artists and visiting tattoo artist events to engage with the creative community. 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. The request for Alternative Compliance to allow a Tattoo Parlor within the boundaries of the ViBe Creative District, along with proposed facade improvements, is consistent with the RASAP 2030 vision of street activation, beautification, and creation of sense of arrival for the Central Beach District. 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. 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. 3. 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. Sacred Daggers, LLC Agenda Item 6 Page 3 Comprehensive Plan Recommendations The subject property is located within the Resort Strategic Growth Area (SGA), which is designated as one of the eight urban areas in Virginia Beach that encourages land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection,green building and infrastructure opportunities, with a variety of civic, commercial, artistic, and ethnically diverse areas. The property is located within the Central Beach District sub area, as designated by the Resort Area Strategic Action Plan (RASAP 2030), which encompasses the 21st Street Gateway,the ViBe Creative District,the Virginia Museum of Contemporary Art, and the 19th Street multimodal corridor. The Central Beach has been designated as one of the high- priority areas for streetscape improvements, including public art, lighting, landscaping, and outdoor amenity spaces. The Plan also prioritizes the need to create a sense of arrival and welcome into the Resort Area, with the goal of being a year-round resort destination. New developments should protect the character of the existing neighborhoods by designing at the neighborhood scale and providing amenities for both residents and visitors. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be any significant natural resources or cultural features associated with the site, as it is fully developed with a multi-tenant structure and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 9,360 ADT1 25,100 ADT 1(LOS 4"D") Existing Land Use 2—No Data Available Proposed Land Use 3—No Data Available 1 Average Daily Trips 2 as defined by a Shopping 3 as defined by a Shopping Center 4 LOS=Level of Service Center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is in the vicinity of this site is a four-lane undivided minor urban arterial. Virginia Beach Blvd. has a variable width right-of-way. The 17th Street Improvements- Phase I CIP project will improve 17th Street from Cypress Avenue to Pacific Avenue and provides essential connectivity and improved aesthetics for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wide sidewalks, street trees, bicycle lanes, traffic signals, curb and gutter, and four lanes of traffic. Associated utility and accessibility upgrades including undergrounding of overhead utilities, new storm, sewer, and water infrastructure, improved crosswalks, and curb ramps will be implemented.This project is currently in the design phase and is scheduled to begin construction in late 2022. Public Utility Impacts Water This site currently connects to City water. Sewer The site currently connects to City sanitary sewer. Sacred Daggers, LLC Agenda Item 6 Page 4 Public Outreach Information Planning Commission • The applicant reported that they met with the members of the ViBe Creative District Board and the Friends of the Creative District (FCD) Board and received a letter of support from the Board members. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 25, 2022 and October 2, 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 September 26, 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 October 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 30, 2022 and November 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 October 31, 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 November 11, 2022. Sacred Daggers, LLC Agenda Item 6 Page 5 Proposed Floor Plan 1--3 4.-'J° '�' N1'fir,• • o E, zit)uxwati bulM1 _ . a ( 6'666)woof Bc _41 • • Sacred Daggers, LLC Agenda Item 6 Page 6 Proposed Elevation Rendering • #. 4: mF a i _,.1„.--..... -6 .. ....Ala , t IP- pa. III 'III MO j I 11114 1 ititerlf 4117-ditip A0 0 w IIIx x 3 1, eimillimilwal _billiiimilliew Sacred Daggers, LLC Agenda Item 6 Page 7 Site Photos 41 .. ... 11. • *. - •" •4 r., .,.ga .., ....tifi ,.. . 414 i . ..it ir --,.. - ,/ ... • irr.411111,firs, ;!.....4. . 4 .... .41 0 4 p II p 0•vivo , op,i N, . Ali. ''1 •. .1.• '11,1- . ---",... . 4 .... ,... , . a • • • a •... . 0 , . -. ., .... , ... ,. _ - , . ANNEX !' 1 ..• _.---, ..t. .„F . . . ---... .. -- ,i, 41 a-r- 4' 4 _.__.-,_ ,...„-• . .-'---.---- . ... • - . - - --- "---., -, --....., ,1.....r.. . ---......„__ ---,_ _ ..-..;-.Z."!r.ilr:-..t;...;,' • '-... , orot ,t ,. . .,. )... .,..„? , . . . ......„- . ........ .,. ,_ , ........ ., ..., .. v. .4,••-•'''.4;,, • • •-!. , 34 ,,,,7. ,,,,,,,,, • **': "....".;"...ii;•i•-:":4'' 7_,A : -cis - - . • . -- -.,...,„ 2 ' -.t- . --... , .,--.... -.. .-- , . • — opplir $1.11111111111thialai-...r• 11 11111111 -.......... 0.11 tzlm 1 1 I, fly II i r i 7._ i'-.4 - • . i I. ' i-,----- - AA i , , . — • --____ ,-- __. __ __ _......____.: - .......... ' -—-- — ---tip‘ _._,..--,--- - ...- _ —„, _ ._ . _ . - - or - ..".................. --,,,,......„ _ - 44•..ekt"r* .- " ......_,..,„ ,.- , 4.,t.,.....v. --- ______. •---....-- ----70k: ii'Ms." Sacred Daggers, LLC Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement it too. Panning&Community Development The disclosures disclosures contained in this form are necessary to inform p;;biic officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of the form is required for all applications that pertain to City real estate matters or to the development and/or use of property;n the City of Virginia Beach requiring action by the City Council or a City board,comm sson or other body Applicant Disclosure Applicant manta Sacred Daggers LLC Does the applicant have a representative? ■ Yes 0 No • .'yes.list the name of the representative Jackie Romanc Simla is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?$ Yes ❑ No • If yes.list the names of all officers,directors,members,trustees.etc below (Attach a list if necessary) Michae A VAsquer,President Jackie Ronsano Smith,COO • If yes,list the businesses tout have a parent-subsidiary'or affi ated business entity'relationship with the applicant. (Attac^ a list if necessary) "Parent-subsidiary relationship'means`a relationship that exists when one corporation directly or indirectly owns shores possessing more than S0 percent of the voting power of another corporation" See State and iota Government Conflict of Interests Act,VA.Code 4 2 2-3101 ''Affiliated b usrsess entity relationship'means'a relationship,other than parent-subsidiary reiatronsn:p,that exists when ft)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner n 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 sane 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 regula,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 1020 Wage Page Sacred Daggers, LLC Agenda Item 6 Page 9 Disclosure Statement • Disclosure Statement N/13 • rsrgn�erra.� Planning&community Development Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beady have an interest tr,the subject land or any proposed development contingent on the subject pubic:act on'0 Yes 11 No • If yes,what is the na"c of the official or employee and what 1t the nature of the interest? Applicant Services Disclosure 1. Does the applica•r hs+r any existing firancing(mortgage.deeds of trust,cross-coltateraloation,etc)or are they considering any financing in connection with the subject of the application or any bin'ess operating or to be Doe-atrd on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service 2. Does the applicant have a real estate broker/agent/rea Itor f.,r c L'rent and anticipate'future sales of the subject property) ❑Yes ■No • If yes,ideest.fy the company and individual prosidr-g the service. 3 Does the applicant nave services for accounting and/or preparation of tax returns provided iri connect on w th the subject of the applc.aton or any business operating or to be operated an the property)❑Yes 111 No • If yes,identify the tom sac individual providing vie service 4 Does the applicart have services from an ardsltect/lundscape architect/land planner provided in connection wltr tree subject of the application or any business operating or to be operated on the property?0 Yes 1111 No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposer purchaser of the subject property'0 Yes le No • If yes,identify tine purchaser and purduser's service peasiders Revised 1I 09 70?11 2 I P a g e Sacred Daggers, LLC Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement rnetbromita•.d+ Planning&Corm/amity - Devekrrnent 6. Does the applicant have a Construction contractor:n cc r section with the subject of the application or any business opecatins or to be operated on the property?0 Yes R No • If yes,identify the company and indwtdual providing the sery ce 7 Does the applicant have an engineer/surveyor/agent connection with the subject of the application or any business operating or to be operated car the pauper.,"❑Yes el No • If yes,identify the Firm and individual Drov'd rig the service 8. °s the applicant receiving legal services in connection with the subject o`tt,e application or sty business operating or to be cperated or the property?O Yes II No • it res.identity the firm and individual provichng the service. Applicant Signature certify that all of the informatic^contared r this Disclosure Statement Form Is complete,true,and accurate. t understand that, upon rece gat of rotlfiat on rat the appliicatton has bee,scheduled fo'public ermine.I am responsible for updating the information provided herein two weeks prior to the meeting of planning Commission,City Council,VBOA.(SPA,Wetlands Board or any public body or committee in connection with this application We • :.cAttnALU Sir1i h A (SI pm a Tlde Date Is the applicant also the owner of the subject property' L7 Yes a No • if yes,yo.,do not need to CH out the ow-re.d selosure 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 applicatiews No c?anon al of One 10/25/2022 sic�a•,r� ! Garek Hall Hannigan Revised 11.09.2020 3 Sacred Daggers, LLC Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement hannIOg&l.:tJtn/mi • .1111011004s\ Develapmertt Owner Disclosure Owner Name Pr a.-t.._ � 4 _��c.c l;s L �— Applicant Name Sacred Daggers LLC Is the Owner a corporation,partnership,frm,business,trust or an unincorporated business?U Yes 0 No • If yes.I;st the na/m�es of all officers,directors,members,trustees,etc,below last x.h a list if necessary) JG,,,,}k„,JG seL it..yn4 c.�.�r .AC" StG�a c...'a; • If yes,list the businesses that have a parent-subsidiary°or afflicted business entity'relationship with the Owner Attach a Idt if necessaryl Known Interest by Public Official or enolove Does an official or employee of the Otyoeriginia$ssds hW,art interest in the sub;ect Lane or any proposed development contingent on the sub e : Nc new?0 Yes LY NO • If yes,what t'r ame of the official or employee and wha:is the r ature of the Interest) "Parent-subsidiary relationship'means"a relationship that exists v en 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 o`interests Act,VA Code 4 2 2-3101. •"Affiliated business entity relationsh=p'means"a re.ationsh;p,other than parent-subsidiary re'.ationsh,p,that exists when one business entity has a controtiing 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 sharer management or contra'between the business entries factors that should be cons•dered in determining the existence of an affiliated bus nest entity relationship include Mat 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 b 2.2 3101. Revised 11.09 2020 5 I Sacred Daggers, LLC Agenda Item 6 Page 12 Disclosure Statement Disclosure Statement NIB C Planning&Community 1111"tfoiNNDevelopment Owner Services Disclosure 1. Dees the owner have any ousting financing Gage,deeds of trust,cross-coNatmtaeation,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 Olt s111vMcs CA:SL: s �.tmrttj(..clG t.1:11ra__ '�p..YN�6c-tX ne% �>tid:En l _ 2. Does the Owner have a real estate broker/agent/reafroe for current and anticipated future sales of the subject property? ❑Yes t'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 Dr to be 0 prratrd on the property,'es ❑No • If yes,identify the firm and individual prov.dng the service ----C_urrs.r CPA Ye,t -S te_..;rr.r-t - f?r cif i.,.&___1Li La-r S e c.c S-\ jeer. 4. Does the Owner have services Irons an architect/landscape architect/land planner r'ov d-cs in connection with the subject or tree application or any business operating or to be operated on the property•❑Yes Ar.No • I'yes,Identify the firm and Ind vidual proved ng the service S. Is there any other pending or proposed purchaser of inc subject property'0 Yes l • I'yes,identify the purchaser ern p4•choser'1 service proede's. 6 Ores the Owner have a construction contractor onnectuon with the subject of tree application or any business operating c to be operated on the property?0 Yes No • if yes,identity the company and individual providing the service / Does the Owner have an engineer/surveyor/agent onnection with the subject of the application or any business cpe'atiat or to be operated on the wooer.," 0 Yes No • if yes,identify the firm and individual providing the service Revised I/09.2020 6 f`' ,` Sacred Daggers, LLC Agenda Item 6 Page 13 Disclosure Statement Disclosure Statement NIB ,,_:._ am Irate Development F 8. Is the Owner receiving legal services -r nectcon with the subiec;o'the application or any business operating or to be cperatea on the property?0 Yes No • tf yes,identify the firm and individual providing legal the wince. Owner Signature i certify that at of the information con:;esed in this Disclos,re Statement Form 1s comp,ete.true,s-c accu'ate I unze,stard:-a: upon receipt of ncr ficat*on that the application has been schedules for pubic hearing I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,USDA.CBPA,Wetlands Board or any public body or committee in connection with this application. CA Q- q_ , owner Signature A �_..—Lo L L t it Prc..} Li; Print NameGee and TL ' r8'1-2- Date Rcvred11092020 71Fadc Sacred Daggers, LLC Agenda Item 6 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. Sacred Daggers, LLC Agenda Item 6 Page 15 Virginia Beach Planning Commission October 12, 2022, Public Meeting Agenda Item # 6 Sacred Daggers, LLC (Applicant) Pavement Paradise, LLC (Property Owner) Alternative Compliance Address: 529 Virginia Beach Boulevard RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: Thank you. The next item is number six, Sacred Daggers for Alternative Compliance at 529 Virginia Beach Boulevard. Is there a representative here to speak for this item? Is that the one that wasn't going to be here? Jack Wall: I can't remember. Mr. Alcaraz: Is this the item that there wasn't going to be a representative? Correct. And for the record, they've accepted the conditions? Garek Hannigan: Yes. Mr. Alcaraz: Okay. Is there any opposition to this item being placed on the consent agenda? Hearing none, ask Dee Oliver to please read this for the record. Dee Oliver: Thank you. This is a request for an Alternative Compliance, for a tattoo parlor located at 529 Virginia Beach Boulevard in the Vibe District. This application is requesting a special exception of Alternative Compliance for a tattoo parlor as the use is not expressly listed in the table of uses in the Oceanfront Resort Form-Based Code. The applicant will be providing traditional custom tattooing services. The property is Zoned OR, Oceanfront Resort, and it is within the Vibe Creative District. The proposed tattoo parlor will employ eight tattoo artists. The hours of operation will be 12:00 PM to 8:00 PM Tuesdays through Saturday. The business will be operated by appointment only and will not accept walk-in clients. There will also be an art gallery in the lobby to display original artwork prints by the resident artists. The applicant is proposing to remodel the interior, upfit the facade of the structure, and to add new exterior walls signage and mural work consistent. Oops. Hold on. Dee Oliver: Paper, there's a lot to be said for paper. Sorry. Consistent with the Vibe Creative District, the applicant has received a letter of approval from the Vibe Creative District Board and the Friends of the Creative District Board. The Boards endorse the artisan tattoo business as the operation will be conducted by appointment only and concentrated on custom artwork tattoos, with high level focus on original artwork, specializing in providing art therapy to patients with medical scars and military veterans. Dee Oliver: For this reason, stated above, the staff is recommending approval of this application subject to the conditions listed and the applicant has agreed to those and therefore we have agreed to place it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, 5, 6, and 7. Jack Wall: Thank you. Do I have a motion to approve the consent agenda as read by the vice chair? Mr. Alcaraz: Mr. Chairman, I move that these items be approved by consent. Jack Wall: Okay. Thank you. Is there a second? Mr. Horsley: Second. Jack Wall: Okay. Got a motion by Mr. Alcaraz, a second by Mr. Horsley. Is there anybody that needs to abstain? Any Planning Commissioners needing to abstain from these items on the consent agenda? You need to hit the second button right there. Mr. Horsley: Thanks. Mr. Alcaraz: I was the mover on that. Ms. Cuellar: Pardon me. I think... Yeah, I was not the mover. My finger accidentally hovered on the button. Jack Wall: Oh, okay. Madam Clerk: The vote is open. Jack Wall: Okay, so the vote is open. We'll just proceed. Okay. Madam Clerk: By vote of nine in favor, zero against, agenda items 1, 2, 3, 4, 5, 6, and 7, have all been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSENT 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. 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. 3. 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. 0 VE0 _ o CREA TIVE 9/13/2022 ViBe District Virginia Beach Board Members Planning & Community Development Zoning Administrator Ms. Hannah Sabo Andrew Fine 2875 Sabre Street, Suite 500 Laura Habr Virginia Beach, VA 23452 Martha McClees Jody Wagner Don Frederick Dear Ms. Hannah Sabo- Dr. Amelia Ross-Hammond On behalf of the ViBe Creative District board and Friends of the Robin Brickell Anne Wright Creative District business association boards, I am writing this letter of Charles Powell support for Sacred Daggers Tattoo, a creative business that is Derrick Borte interested in relocating into the district. Their business model and intent Walker Philips to move into the district was shared in our board meetings which took Lawrence Steingold place in November and December 2021. Greg Zittrain Cole Werkheiser Recognizing the wide variety of art forms and creative business models Nadine Paniccia possible for arts districts nationwide, our Boards endorse and support Jeremy Maloney an artisan tattoo business as an asset to the growing arts district here in Bill Gambrell Virginia Beach. After extensive discussion with one of the business Dee Oliver owners, Ms. Jackie Romano, we understand their business to be Aaron Phipps appointment only, custom artwork tattoos with a high-level focus on Brian Jones original artwork. We support the efforts that this creative business Nate Fine makes to provide art therapy to patients with medical scars and military LG Shaw, FCD veterans. Lisa DeNoia, FCD Katerin Goold, FCD Additionally, we appreciate Ms. Jackie Romano's promise to actively Kate Pittman, Executive Director engage in the arts district by providing community programming such art exhibits featuring original artwork prints by her resident artists and visiting tattoo artists events to engage with our creative community. Friends of the Creative District Executive Board Members A former letter was submitted for the Alternative Compliance for 1705 Med Ave is case number 2022-PCCC-00026 in January 2022. President Due to delays with building construction at that address, the ViBe LG Shaw, WRV Creative District assisted in the finding of a new location across Vice President the street which has been leased at 529 Virginia Beah Blvd Suite A Katerin Goold, TowneBank with willing property owners. The first property will nullify their request for alternative compliance in writing to you. Treasurer Mia Swan, Artist Sincerely, Secretary Judy Jessen, BoJu Art Immediate Past President Lisa DeNoia, 1701 Kate Pittman Executive Director ViBe Creative District PO Box 3601 Virginia Beach,VA 23454 757-202-9533 www.ViBeCreativeDistrict.org z _ W . LL . ,iclif 4-4-,),ii I ! z 1 '8„ef,)4 //0i j,Ift, \1 ., � 0 \ o tA_,- . IIi fJ 0�4 0 IN , �C1 V ��•• •�i�i 4, _.c:,_„2.- S c • 11 cz)// i0 (i, . . ,,,, ,,,_ ot„-,-___ ko _____ _V"' 4.40 ski 0 0, co vt:ITEiTpT 0 0 S ,'' I' 0 0 P-0-o ooguzeu \ C-14:No c-, C:3 C*1,•`9 la, 77-14-------:15 11 ids i o' \ 8�0 c �c _ ll 1 ia ,,c_ti_, c,z3 \ fgrIZ li' as Q M -- Qo Nmoo , .co >y ` c�� _ a a �r,,Q .� auoo � ./�s . C b i� , o mpeo c, `- a 0 CO-COD ;7-11' ,C 4$°- JeD , 0 \• \a: 0 co D o \:\ _ <<Kcti-\._N, U .'• 1: \ cat C v Q (\ i %- ;itt > o0 oN� a a. �� po ‘.' zio m 19 0 r4 :.. f Q i _ , . 7 ik (NIo N r0 • _ o oo 0 1:�o� N 0, 00 � ci �%_ ._ m _ \ • a c :a • o e cn 0_ N m 46 ‘7 to\ ,061 X°.',/ ' Q ��\t1U�♦ fj��'•• bCl IN f04 #—"�"`�';T 1st ,,,,:.,..:.,,, CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: VIRGINIA AQUARIUM FOUNDATION [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit(Wind Energy Conversion System) for the property located at 801 General Booth Blvd (GPIN 2416758858). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: November 15, 2022 • Background: The applicant requests a Conditional Use Permit to operate a Wind Energy Conversion System, also known as a Wind Turbine. The wind turbine will be located at the outdoor watershed exhibit at the South Building of the Virginia Aquarium. There will be 16 feet footprint that will resemble a turbine rising out of the ocean. The lowest point of the turbine blade will be 10 feet and the highest point will be 25 feet. • Considerations: This wind turbine will be used for educational purposes as parkgoers will be able to manually turn power into kilowatts by using the hand cranks at the base of the turbine. Section 209 of the City Zoning Ordinance regulates Wind Energy Conversion Systems. This section of the Ordinance promotes the use of renewable energy sources when such use is located within an appropriate location while minimizing visual, safety, and environmental impacts and promoting the safe, effective, and efficient use of such systems Staff believes that this wind turbine is not subject to the compliance requirements in Section 209(b) as this turbine is for educational purposes and will produce little to no kilowatts Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On October 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The Wind Turbine shall be constructed substantially in adherence to the site plans entitled "VIRGINIA AQUARIUM MARSH PAVILION ENHANCEMENTS", prepared by Waller Todd & Sadler and dated December 3, 2018, which has Virginia Aquarium Foundation Page 2 of 2 been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The Wind Turbine shall substantially adhere in appearance, size, and materials to the submitted conceptual sketch entitled "WIND TURBINE EXHIBIT CONCEPT SKETCH", depicted on page six of this report. 3. The wind turbine shall not exceed 30 feet in height. • 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 X0 City Manager: I7 Applicant Virginia Aquarium Foundation Agenda Item Property Owner City of Virginia Beach Planning Commission Public Hearing October 12, 2022 r City Council District District 6,)1 formerly Beach 5 Virginia Beach Request Conditional Use Permit (Wind Energy Conversion System -Wind Turbine) Sr' Staff Recommendation Approval Olds Lane a cad /1 gsUs , Staff Planner _ I =--4 4 Michaela D. McKinney E.• 3 a4. /o �° . Location - - _ 801 General Booth Boulevard tE4rae" GPIN \ _ __ sck Road O 2416758858 ) 'I Site Size 'F. � �� 25.70 acres o 3 AICUZ 2 i 3 Greater than 75 dB DNL 6' + J / Watershed ' Atlantic Ocean Existing Land Use and Zoning District t r-` -. z ' " Virginia Aquarium/ P-1 Preservation y ,`e- 4..-.- j' r yy 1. ' - �. Surrounding Land Uses and Zoning Districts ?` .. :fix- '� 1 1 , North • t 3`' J� /r i - �1•.� ` '� ;� '�• der !� e �6 �♦I Jp��'�T'•"► Owl Creek Preservation Area/P-1 Preservation ' ' ' � '" '1'pl "'�="'�r South - ' -' �% ?r,". _ _ , . -': +,fir{1 Owl Creek Tennis Center/P-1 Preservation '- ..—. -"• - iik as rr,�` r 4 h 7 Gam. East , ' , r .', , General Booth Boulevard • ", 40, ;,,,:4-.‘ 4,:� 1f z,....,:. Camp Pendleton Army Base/ P-1 Preservation ; i. -, * lit -11'asislr -1/.'/:-.-'-- West ;; pus , r . .. �' ,.. a Water Park/B-2 Community Business i '4 -: . 11 '' Virginia Aquarium Foundation Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Wind Energy Conversion System known as a Wind Turbine for a new outdoor watershed exhibit at South Building at the Virginia Aquarium. The 25.70-acre property along General Booth Boulevard is zoned P-1 Preservation District and is within the Resort Area Strategic Growth Area (SGA). The Virginia Aquarium first opened in 1986 and continues provide marine research conservation, educational resources to teachers and students while also serving as an educational amenity with over 500,000 visitors per year. • The wind turbine will be constructed in the outdoor watershed exhibit at the newly renovated South Building of the Virginia Aquarium.This turbine is proposed with a footprint of 16 square feet with the lowest point of the turbine blade to be 10 feet above the ground. The base is intended to resemble a waterline while the top of the exhibit will resemble a turbine rising out of the ocean. • Visitors will have an opportunity to manually power the wind turbine by using a stationary hand crank to produce energy into kilowatts. While this wind turbine is for educational purposes, as it will have the ability to produce wind energy into kilowatts, a Conditional Use Permit is required for the installation of a Wind Energy Conversion System. • Hours of operation will be in conjunction with the Aquarium, 9:00 a.m.to 6:00 p.m., Monday to Sunday. Zoning History # Request 1 CUP(VB Campgrounds)Approved 10/26/1970 CRZ(1-2 to P-1)Approved 06/09/1980 F,!�/ ::. CUP(Outside Storage)Approved 01/25/1982 LiY .V ,��v n. N csc � ar I, r ice' /-' t=�'ti /� �' ;, CRZ(P-1 to B-2)Approved 01/25/1982 :7_ ;: `'��r°' ►s�f ;:' ;' CRZ(B-2 to P-1)Approved 12/14/1987 ' 7/4414241'.Y-7,7.77-f:'H'. `- `'" CRZ(Conditional I-1 to P-1)Approved 01/14/2014 rt,• .tom. �,, / �� 2 MDC(Recreation Facility of an Outdoor Nature) ti ,r r'1 �,":; W , • " : Approved 11/16/2016 . " �� I p �f�f�'� 3 CUP(Recreational Facilities of an Outdoor Nature) • '/ "' • Approved 06/12/1986 r PP ________4_._ l.. �• ', s MDC(Recreational Facilities of an Outdoor Nature) rAk - /,i ,. ,------ 06/23/1986 . /�0 id y,r, r MDC(Recreational Facilities of an Outdoor Nature) i• s. Approved 11/26/1991 \ 5� MDC(Recreational Facilities of an Outdoor Nature) Q °'` P. ' {.ts ia is Approved 05/14/1991 .i - o l '1 CUP(Recreational Facilities of an Outdoor Nature) Approved 02/11/2003 MDC(Recreational Facilities of an Outdoor Nature) Approved 09/09/2008 4 CRZ(R-10,A-12, B-2 to Conditional I-1)Approved 01/27/2004 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 Virginia Aquarium Foundation Agenda Item 5 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for a Wind Energy Conversion System, also known as a Wind Turbine, in Staff's opinion is acceptable. The request is in keeping with the policies and goals set forth in the Comprehensive Plan, as it aligns with the goal for all public and private development to employ design features that achieve higher levels of energy efficiency. With the addition of this wind turbine exhibit at the Virginia Aquarium, it will provide an educational tool for visitors to help further the City's energy resource management goals. Section 209 of the City Zoning Ordinance regulates Wind Energy Conversion Systems. This section of the Ordinance promotes the use of renewable energy sources when such use is located within an appropriate location while minimizing visual, safety, and environmental impacts and promoting the safe, effective, and efficient use of such systems. In Staff's view,the proposal adheres to these provisions as it will be located in an area that will not detract from the characteristics or activities of the surrounding area. Section 209(b) requires compliance with all applicable regulations of the Virginia Uniform Statewide Building Code and Federal Aviation Administration along with structural integrity. The proposed wind turbine is unlike a typical turbine, as visitors will use the stationary hand cranks to generate wind energy into kilowatts. Staff believes that this wind turbine is not subject to the compliance requirements for a traditional turbine as little to no kilowatts will be produced and the turbine will be used only for educational purposes. Based on these considerations and the evaluation of the proposed Wind Energy Conversion System in accordance with the standards set forth in Section 209 of the Zoning Ordinance, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. The Wind Turbine shall be constructed substantially in adherence to the site plans entitled "VIRGINIA AQUARIUM MARSH PAVILION ENHANCEMENTS", prepared by Waller Todd & Sadler and dated December 3, 2018,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The Wind Turbine shall substantially adhere in appearance, size, and materials to the submitted conceptual sketch entitled "WIND TURBINE EXHIBIT CONCEPT SKETCH", depicted on page six of this report. 3. The wind turbine shall not exceed 30 feet in height. 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. Virginia Aquarium Foundation Agenda Item 5 Page 3 Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area. The vision for the Resort Area is to develop synergies between the recreational and natural life while drawing residents and visitors into the area. Implementation strategies include promoting environmental stewardship and providing the highest quality spaces and experiences for locals and visitors. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed within natural area of Owls Creek,which is roughly 3,000 acres in size.This watershed is highly populated with businesses and homes on the east side and the military base on the southwest. It encompasses marinas, resort hotels and restaurants, mixed with open wetland areas. Founded in 1986, The Virginia Aquarium & Marine Science Center provides customers over 800,000 gallons of underwater fish and animals, representing over 300 species. The Aquarium also provides state-of-the art and educational habitats and interactive exhibits. The area is also located in the X Flood Zone and is not within any Chesapeake Bay Preservation Area buffers. It is located above the elevation of the Jurisdictional Wetlands or 1.5 Mean High Water. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 25, 2022 and October 2, 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 September 26, 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 October 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 30, 2022 and November 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 October 31, 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 November 11, 2022. Virginia Aquarium Foundation Agenda Item 5 Page 4 Proposed Area of Wind Turbine / : " • * " ./ . • e•• • . • r!i • • . . ii • i- •N z5-s.itz • . . a • • 1 k • . • t 4 - . • .--- , •- • . •?.• - • • • --c - - • - • • . • - •ia,,,,,.• - . . • - . Q' v r ' • . ..., F.,'k . . re•••,i ., • • . • • •:, / \ / • . ' • r /• r • . r . • r • •\ • • , . • - :43\• . , . - • , . - • ' ‘ . • PK:... ".Th. ' 4 - . . : • • , • • _ , .., ,.• 4 '1' • • t • , .. ,-44-,,,:,:\ - . • . • - . • . • . . .. ..; 1 : 4 1 •11.. ,...1111., . - • • 1 • . . 5 r• . ,, . • - _Li '•., , • . • f. .). • .x- — - • , , • :i .1-... . r....t, r. . i .1. /- ' : ' : ' • ' l- . i . .\... :_ . —-s• ,:: J.,...:,...; 0 • ; . • \ e\ •• . • • • ' • • ' • . - I / . P C 1,61- '\ • -- 1 . • I '' . --..k, ' ' )- . • I • 9, \.. -..-it >.. ,z-, • • • .. \ li: ' • . i , . . . • .,--1 44; Ni.;,,ther • • . (- . .i•J, 4 . ft • (•• •/. I ' • • . t.: . . I' • ./ , gi , . / , ....,i c ‘.. * # • I ,r- -71,--c: .4......- .-:-.•-• • . :.'• • I-""W • / 4,f_ ) ,:q- ‘ ;# .. , ) lr ; .2- - 41,,... el.. ,.. ... • /...f.417::;1•AN).•! •.f... •‘.' •'r.ei.l.. 44 i-'L. i: .-,., :440 ( -•••.: . Iv ' i' .- , tt 4-111111,_ CM 1334S 31111GRAI _a _ _ .• .... 4?"•';',.,:. ) ' ..i. '.:41 ...-t 1/ I--- a I • ' .4. tp I- 4:S.:a- • ,i ( kiLP. .;'t 6 0 ...;•. ...,,,,„ 3 i LI, 4..... .::••...,,,..•,....„;., 5 , .'t' -':., p-C) ,r.‘ .:•• ••,... ,;.'?.,1 :_il t I 6 AH; 4 ____: t\ kv imp. :::: :-.. ... •• ., I i ', \• I.\. \ \ si. — • - :. ,, , 1 z]?_ I " 5 \ i;:' --• \ \ \ ‘,‘ ( .‘:'-'•:.e.•,-. ''''' . ' 0 I' \\* I ° — --7,- rli 0 a — .T, ' \ i . CO=MC 200,1,VPI Virginia Aquarium Foundation Agenda Item 5 Page 5 Proposed Concept Sketch .,. , _ /".1 \ 7 4 , , . , i � f ,, ,, I io . ... \ _ 0-: C.) , . `J Wind Turbine Exhibit Concept Sketch Virginia Aquarium Foundation Agenda Item 5 Page 6 Site Photos hkL Virginia Aquarium Foundation Agenda Item 5 Page Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Virginia Aquarium Foundation Does the applicant have a representative? 0 Yes El No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes tV0 • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) (r> � fix ,� � AtiCi'd1Cf-1. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Virginia Aquarium Foundation Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement NA3 y vq 1 a"Vua .$`ra 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 E 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 It 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 E 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?I Yes 0 No • If yes,identify the firm and individual providing the service. BDO) �_tn � tC:di- 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 a 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 IIE No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P d K Virginia Aquarium Foundation Agenda Item 5 Page 9 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 S 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. ayzei Appal t Signature Print Name and Title Cynthia Whitbred-Spanoulis,Executive Director of the Virginia Aquairum Foundation Date Is the applicant also the owner of the subject property? ❑Yes NI 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 10/25/2022 Signature Ner p. • Print Name i Michaele D.McKinney Revised 11.09.2020 3 I P a g e Virginia Aquarium Foundation Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement Planning&Community . - ' - ----A1M11111111111 - - _ . Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Virginia Aquarium Foundation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes n 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 y Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes • 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. Revised 11.09.2020 Wage Virginia Aquarium Foundation Agenda Item 5 Page 11 Disclosure Statement Disclosure Statement 1/13 ON of _ Planning&Commu Deve .v tc-.it Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralization,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 I[ 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?❑Yes No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑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 II No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■ No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I P a g e Virginia Aquarium Foundation Agenda Item 5 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes III 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 Kenneth L.Chandler,Deputy City Manager Print Name and Title O?-2a-20Z2 Date Revised 11.09.2020 7 I P a g E„ Virginia Aquarium Foundation Agenda Item 5 Page 13 Board of Trustees Virginia Aquarium&Marine Science Center Foundation,Inc. Board of Trustees Salvatore J. DaBiero,Chair William A. Hearst,Past Officer Daniel R. Peterson,Treasurer Andrew W.Vakos,Chair of Development and Governance Committee Thomas M. McNicholas Ill,Chair of Mission and Advocacy Committee Sherri L.Miles,Secretary Robert C. Fort,Officer at Large Cynthia W.Spanoulis,Executive Director Buffy J.Barefoot Robert C.Fort President—Virginia Beach Retired,Vice President TowneBank Norfolk Southern Corporation Virginia Beach,VA Virginia Beach,VA Barbara Ciara Chris B.Graves Managing Editor Executive Vice President WTKR News 3 —Global Investment and Analytics Officer Norfolk,VA PRA Group,Inc. Virginia Beach,VA Michelle Collins Senior Program Manager William A.Hearst Capital Group Community Leader Virginia Beach,VA Virginia Beach,VA Salvatore J.DaBiero Jay G.Kenslow Owner SVP Commercial Lending Lionheart Ltd./Burger King Atlantic Union Bank Virginia Beach,VA Norfolk,VA Holley Darden Suzanne Kern Director of Corporate and Foundation Relations Community Leader The Aspen Institute Virginia Beach,VA Washington,DC Troy Lindsey Nancy T.DeFord External Affairs Manager Community Leader Dominion Energy Virginia Beach,VA Norfolk,VA Mark Dreyfus Emily J.MacCartney President and Founder Community Affairs Manager ECPI Virginia Natural Gas Virginia Beach,VA Virginia Beach,VA Virginia Aquarium Foundation Agenda Item 5 Page 14 Board of Trustees Continued Thomas M.McNicholas III RV General Manager GEICO Virginia Beach,VA Sherri L.Miles Co-Owner Miles Roofing,Inc. J.D.Miles&Sons,Inc. Chesapeake,VA Dr.Scott D.Miller President Virginia Wesleyan University Virginia Beach,VA William C.(Trey)Oglesby III Partner,Audit KPMG Virginia Beach,VA Daniel R.Peterson Market President BB&T Norfolk,VA Carolyn D.Robertson Community Leader Virginia Beach,VA Christopher W.Rusbuldt Client Portfolio Manager Brown Advisory Richmond,VA Stephen M.Snyder President Checkered Flag Motor Co. Virginia Beach,VA Andrew W.Vakos Owner The Oceanfront Inn Virginia Beach,VA Mr.Walter D.Worrall(Dave) President LoanCare,LLC Virginia Beach,VA Updated 7/1/2022 Virginia Aquarium Foundation Agenda Item 5 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Aquarium Foundation Agenda Item 5 Page 16 Virginia Beach Planning Commission October 12, 2022, Public Meeting Agenda Item # 5 Virginia Aquarium Foundation (Applicant) City of Virginia Beach (Property Owner) Conditional Use Permit (Wind Energy Conversion System) Address: 801 General Booth Boulevard RECOMMENDED FOR APPROVAL —CONSENT Mr. Alcaraz: Thank you. The next item is number five for Virginia Aquarium Foundation for a Conditional Use Permit at 801 General Booth Boulevard. Please come forward and state your name. Cynthia Spanoulis: Thank you, Mr. Vice Chair. Mr. Chair, members of the Planning Commission. I'm Cynthia Spanoulis and I represent the Virginia Aquarium Foundation. Mr. Alcaraz: Okay, great. And are the condition's acceptable to you? Cynthia Spanoulis: Yes sir. Mr. Alcaraz: Thank you. You may be seated. Cynthia Spanoulis: Thank you. Mr. Alcaraz: Is there any opposition of this item being placed on the consent agenda? Hearing none, I've asked Mr. Clemons to please read this for the record. Mr. Clemons: The applicant is requesting a Conditional Use Permit to operate a wind energy conversion system known as wind turbine for a new outdoor watershed exhibit at South Building at the Virginia Aquarium. The 25.7 acre property along General Booth Boulevard is on P-1 Preservation District and is within the Resort Area Strategic Growth Area. The Virginia Aquarium first opened in 1986 and it provides marine research conservation, the educational resources to teachers and students. Given staffs recommendation and no apparent opposition, the Commission places this item on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, 5, 6, and 7. Jack Wall: Thank you. Do I have a motion to approve the consent agenda as read by the vice chair? Mr. Alcaraz: Mr. Chairman, I move that these items be approved by consent. Jack Wall: Okay. Thank you. Is there a second? Mr. Horsley: Second. Jack Wall: Okay. Got a motion by Mr. Alcaraz, a second by Mr. Horsley. Is there anybody that needs to abstain? Any Planning Commissioners needing to abstain from these items on the consent agenda? You need to hit the second button right there. Mr. Horsley: Thanks. Mr. Alcaraz: I was the mover on that. Ms. Cuellar: Pardon me. I think... Yeah, I was not the mover. My finger accidentally hovered on the button. Jack Wall: Oh, okay. Madam Clerk: The vote is open. Jack Wall: Okay, so the vote is open. We'll just proceed. Okay. Madam Clerk: By vote of nine in favor, zero against, agenda items 1, 2, 3, 4, 5, 6, and 7, have all been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The Wind Turbine shall be constructed substantially in adherence to the site plans entitled "VIRGINIA AQUARIUM MARSH PAVILION ENHANCEMENTS", prepared by Waller Todd & Sadler and dated December 3, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The Wind Turbine shall substantially adhere in appearance, size, and materials to the submitted conceptual sketch entitled "WIND TURBINE EXHIBIT CONCEPT SKETCH", depicted on page six of this report. 3. The wind turbine shall not exceed 30 feet in height. 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. 0 ; i / /op . ----- / „ ,--' /a 0 R40 /o te %o R40 R40 .'.6 /zi• Vi 0 ,..,-. 5 - 3 5 0 ei I 0 c0 (). i/1 / . ..... -„,_ r A Site -,�' Russell A. Brown W_,._�c• Property Polygonsbiz ' 1212 Sycamore Road Qs Zoning Building Feet 012.525 50 75 100 125 150 A. /2 y) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RUSSELL A BROWN [Applicant & Property Owner] Conditional Use Permit (Home Occupation - Retail Sales) for the property located at 1212 Sycamore Road (GPIN 1488676163). COUNCIL DISTRICT 8, formerly Lynnhaven MEETING DATE: November 15, 2022 • Background: The applicant requests a Conditional Use Permit for a Home Occupation to operate a firearms and gunsmithing business within the attached garage of the existing single-family dwelling. The applicant will be the sole operator of the gunsmithing business to include the transfer of firearms, assembling firearms by hand, storage and background checks. Customers will be received by appointment only, one a time, with no more than five customers expected per month. There will be no sale of firearms from this residence. No signs or advertisements are proposed for the property. • Considerations: Transfer of firearms will be received by the applicant when dropped off at the home by the selling party, placed in a secure safe, and will be received by the purchasing party. No firearm or federally controlled item will be left without properly being transferred to the owner. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 554 square feet, thus the 100 square foot designated area within the attached garage will be below the maximum allowed. All federally controlled items will be stored in secured steel vaults. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Letters of concerns were received about the request. Russell A. Brown Page 2 of 3 • Recommendation: On October 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside of the of 170 square foot room on the property. 9. There shall be only one (1) employee associated with this home-based business. Russell A. Brown Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (3) Letter(s) of Concern (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner Russell A. Brown Agenda Item Planning Commission Public Hearing October 12, 2022 City Council District District 8,formerly Lynnhaven 4 City of Virginia Beach Request Conditional Use Permit (Home Occupation- Retail Sales) Staff Recommendation ,, 4a- Nit, Approval s N e Staff Planner / \•, 44 Michaela D. McKinney r/ ' Location 1212 Sycamore Drive ?� — �' s a ` �' ' ? GPIN ,ate ; 4 1488676163 �a ° 2/ V % Site Size I R 1° y men ode 27,211 square feet �• of Ch., e, '°i' A I CU Z fek4''' .. e � 0 �`• Less than 65 dB DNL / t Watershed Chesapeake Bay . _.7, Existing Land Use and Zoning District • _ ,• . �; 1t, • Single-family dwelling/ R-40 Residential "_•',4 '., f i . * �` 1:, .:r.. ;`.,,jr,,qt\:.'" ---* .e.. ,..,. .4 ih..., si, _ „_.t-. Surrounding Land Uses and Zoning Districts 4„ ,.i� i . ca�' ,y. ., ..� r..fe" ., ma, Northt. • Z. •4.1 ' . Single-family dwelling/ R-40 Residential ' +r• • ;:-.,. C' } . ., }sr°;; South +k�-0 ; .` • , .: . = ; Single-family dwelling/ R-40 Residential •'•'• A r* �q • "Y y ' "` `� East '. ` Single-family dwelling/ R-40 Residential �' `:� ' -, "i t-, -, '.- ak West . z, •b*. 3 _ ' Sycamore Road ,+ `,. 'I M '. ,Zj E* . `* _ . Single-family dwelling/ R-40 Residential t "` ' j°`r, t -•' , • a � � . k.r; � � �r.�� .i,, rjic-teA4�* #� + i . Russell A. Brown Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a firearm sales and gunsmithing business within the attached garage of a single-family dwelling in the Lynnwood neighborhood. The 27,211 square foot parcel is zoned R-40 Residential District. • It is the applicant's desire to operate the firearm sales and gunsmithing services within a 100 square foot designated area within the attached garage of the single-family dwelling. • As required by law, all shipments in which either a firearm or federally controlled item is delivered to the home must be secured upon delivery by the applicant's signature. No packages containing such products will be left on the property without properly being transferred to the applicant. • The applicant is currently in the reserves with 12 years of service and over 20 years of experience working with guns. • It is anticipated that there will be a maximum of five customers per month by appointment only. • No exterior changes are proposed to the home and no signs or advertisements are proposed for the property. • The applicant will be the sole operator of the in-home business. No other employees are proposed. • As required by federal law,the applicant intends to obtain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF). All firearms will be secured in the home accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. • The typical hours of operation are proposed as 12:00 p.m. to 7:00 p.m.,Thursday through Saturday. if 0'21? a a :4" 6o ,//` No Zoning History to Report ee Q 4 - 0 41ki, <2, d A • • 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 Russell A. Brown Agenda Item 4 Page 2 Evaluation & Recommendation The applicant's request for a Conditional Use Permit for a Home Occupation for a firearm sales and gunsmithing business within the attached garage of the single-family dwelling is acceptable. In Staff's opinion, this use will not negatively alter the character of the neighborhood and will not adversely affect the surrounding properties, as it is a very low intensity use. All activities of the business will occur indoors and will be undetectable by pedestrians and immediate neighbors. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 554 square feet,the applicant proposes that the home occupation will occur in a designated 100 square foot space within the attached garage, which will be below the maximum allowed. The applicant offered to limit the number of customer appointments to no more than five per month, as a means to reduce potential traffic impacts to the surrounding residential properties. Being that there will only be one client on the property at one time,there is adequate parking within the driveway to reduce the amount of street parking necessary for the use. The applicant intends to store firearms in a locked and secured vault, in accordance with ATF regulations. As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home within in one month of the granting of the Conditional use Permit, as noted Condition 1. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms,firearm supplies,firearms parts, and money may be stored • If there are children in the home, the assessing officer will review safety measures as it pertains to firearms and the children. The applicant has notified his adjacent neighbors of this request to operate the firearm sales and gunsmithing in-home business and has provided letters of support from two immediate neighbors along Sycamore Road. Based on the considerations above, Staff finds the proposal meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. Russell A. Brown Agenda Item 4 Page 3 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. In accordance with Section 234 (d) of the City Zoning Ordinance,the use shall not create noise, dust,vibration, smell,glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside of the of 170 square foot room on the property. 9. There shall be only one (1)employee associated with this home-based business. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources on this site. Russell A. Brown Agenda Item 4 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sycamore Road No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 3—10 ADT Proposed Land Use 10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family a LOS=Level of Service dwelling dwelling with a home occupation Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sycamore Road in the vicinity of this application and are considered a two-lane local street. Public Utility Impacts Water & Sewer This site is connected to both City water and sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three letters of support have been received. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 25, 2022 and October 2, 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 September 26, 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 October 6, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, October 30, 2022 and November 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 October 31, 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 November 11, 2022. Russell A. Brown Agenda Item 4 Page 5 Proposed Site Layout Plan Prison Existing Garage Sy�a more Raecf Russell A. Brown Agenda Item 4 Page 6 Site Photos y • ' V �- 4 11 '' i Tyr. `' . '> bs z' �;��! "M'_ it -�. .F 4 1 • ( +., i s y7! - r 'ram , A:,- .A.; - ` A A il . 1 • ig 1>.1S' _ =��••.$ a.q .ice Y_ • sL` - ` _ r. .rT.„-. e,fy,-a.rts sl ' . - yu --.-ti- ��' sE +r r yiQ,P�...3<'4. r }' '''':,, T Tom." , 'S/t `AR = � j :! J..r da ry^._ e:. . `i" AR►'.. - - -w c "`y_ 1 n . .: • .A.74166;,- . . 1** , '4,..,.. 10 ..ls ...14,it. il Ott ��``4 �'"'r �y_ ,',.4, ►. ,f it; 44 „_, ,i , -. .„ '- ."r- ' 414 II. . -• + .0 ,," ,, otrwfl, r •••• -.fp'?".-).' -tM' _ d 4 s • .1 y „,, _,...114,.. .1„,,;,,; , _ .,. fib-t: '> .!• - *� .4„:12....:- i c 3:it tl4 s= �. • c` .l Russell A. Brown Agenda Item 4 Page 7 Site Photos _ 4 % ..„ ,,,„ is ,`.. i .4 S vc! - i lA �. ; Nit,q n %{ 4 ,- � L ram, •t b * :,tom" J ' F �, • ::- :•' '....:' .'''‘-4,....ii.*:0,":. '=,k7--- t . —- --: --_, •. ',ill ,--•-.:'-': ),,-:...,..---4,..4, . s ,`� '` �' - .fir-�:• b~fir• ,<<+. tiX. _ \ _.. { r: f {s i` , t 1 t ,\7 Th• 5 may.tf _ • ,, 4 lSIA`t 1tY 4 a�_;iv ,,t!f�.r;,4z1..i,' s a J ld � rt Russell A. Brown Agenda Item 4 Page 8 Disclosure Statement Disclosure Statement City of Virgittia Beach Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Russell A. Brown 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 • 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) 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. Revised 11.09.2020 1 I P a g e Russell A. Brown Agenda Item 4 Page 9 Disclosure Statement Disclosure Statement City of Virginia Bench Planning&Community Development .` Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-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 U 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. Revised 11.09.2020 Wage Russell A. Brown Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement City of Virginia Beach Planning&Community Development vow- 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?E Yes in No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. keedabet---- Applicant Signature Russell A Brown Print Name and Title 07 AUG 2022 Date Is the applicant also the owner of the subject property? •Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 10/25/2022 signature Z7. �� Print Name Michaela D.McKinney Revised 11.09.2020 3 Russell A. Brown Agenda Item 4 Page 11 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. Russell A. Brown Agenda Item 4 Page 12 Virginia Beach Planning Commission October 12, 2022, Public Meeting Agenda Item #4 Russell A. Brown (Applicant & Property Owner) Conditional Use Permit (Home Occupation — Retail Sales) Address: 1212 Sycamore Road RECOMMENDED FOR APPROVAL—CONSENT Mr. Alcaraz: Thank you. All right. The next item is number four for Russell A. Brown for a Conditional Use Permit at 1212 Sycamore Road. Is there a representative here? Please come forward. State your name for the record. Russell A. Brown: Russell A. Brown. Mr. Alcaraz: Thank you. Are the conditions acceptable to you? Russell A. Brown: Yes. Mr. Alcaraz: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked again Mr. Frankenfield to please read this for the record. Barry Frankenfield: All right. Thank you very much. The applicant's request is for a Conditional Use Permit for a home occupation for a firearm sales and gunsmithing business within the attached garage of a single family dwelling. Staffs opinion is that this will not negatively alter the character of the neighborhood, will not adversely affect the surrounding properties. Most, not all of the neighboring residents support this activity and for everybody's information, this type of work is highly regulated by the federal government as well as monitored by local police. So there is no concern... Not no concern, but there is... It is supported by staff and the neighbors. So we propose to put this on consent. Thank you very much. Mr. Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, 5, 6, and 7. Jack Wall: Thank you. Do I have a motion to approve the consent agenda as read by the vice chair? Mr. Alcaraz: Mr. Chairman, I move that these items be approved by consent. Jack Wall: Okay. Thank you. Is there a second? Mr. Horsley: Second. Jack Wall: Okay. Got a motion by Mr. Alcaraz, a second by Mr. Horsley. Is there anybody that needs to abstain? Any Planning Commissioners needing to abstain from these items on the consent agenda? You need to hit the second button right there. Mr. Horsley: Thanks. Mr. Alcaraz: I was the mover on that. Ms. Cuellar: Pardon me. I think... Yeah, I was not the mover. My finger accidentally hovered on the button. Jack Wall: Oh, okay. Madam Clerk: The vote is open. Jack Wall: Okay, so the vote is open. We'll just proceed. Okay. Madam Clerk: By vote of nine in favor, zero against, agenda items 1, 2, 3, 4, 5, 6, and 7, have all been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside of the of 170 square foot room on the property. 9. There shall be only one (1) employee associated with this home-based business. 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. Michaela D. Mckinney From: Rich Reif <Rich@govsmart.com> Sent: Tuesday, October 11, 2022 5:09 PM To: Michaela D. Mckinney Subject: FW: 1212 sycamore rd Attachments: 20221012-PLN-CUR-04-Russel l A Brown.pdf CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. McKinney, My name is Richard Reif and I live across the street of 1212 Sycamore Road. My address is 1213 Sycamore Road. I am deeply concerned about fire arms being sold on our street let alone across the street from me. My concern is the sale of semi-automatic military style weapons. I know that these types of weapons can be very dangerous and expensive. How will the city make sure our neighbor is vetting the buyer properly and making sure he is not selling these to someone who will use this type of weapon to be the "next mass shooter"? What happens if the word gets out to the wrong type of people that there is a house on our street that could possibly have these types of weapons in their house and those people decide to break into the house to see what they can steal and then also decide to break into other houses on the street (like my neighbor Mikey Krebs, our house or Brian Friedberg's house to see what we have in our house of value? If the City decides to move forward with giving Russell his permit will he have to install a security system with cameras to be able to run this business from his garage? If not, I think the City should require it. I think allowing someone to sell firearms from their home is a slippery slope. I have only talked with Russell a few times and he seems like a great person and would do his best to make sure his family and neighbors are safe but it seems like this type of home business would be very hard to police. I just keep thinking about how Marijuana is becoming legal and once fully legal what would the City think of someone that would want to sell Marijuana,that they grew, out of their garage, or Alcohol that they home brewed? I feel the sale of such items like firearms or Marijuana or Alcohol should be kept of neighborhoods and sold at traditional brick and mortar businesses. What are your thoughts? Rich Reif povStaart Senior Account Executive GovSmart, Inc. 715 Charlton Ave TAX ID: 27-1553123 Charlottesville, VA 22903 DUNS: 961600272 CAGE: 5WFZ8 rich(a)govsmart.com 757.447.4681 (work) 757.384.0314 (cell) 434.326.5394 (fax) 1 Malcolm S. Krebs Oct 9, 2022 1209 Sycamore Rd. Virginia Beach,VA 23452 City of Virginia Beach Dept of Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach VA 23452-7 Dear Ms.Michaela McKinney, In reply to my conversation with you on the Conditional Use Permit Requested by my neighbor Russell A. Brown for(Home Occupation-Retail Sales). I am concerned about the assembly and sales of high power guns in the community. I am a 84 year old gun owner and not against hunting guns and personal pistols for self protection as long as they have less than ten round magazines. I am against AR-15 high power MILITARY style weapons of any kind loosely floating around especially in residential neighborhoods and civilian ownership. If you allow one community location what would stop more? How would the City Monitor what is going on in one or more locations. Twelve States have regulated the selling and mfg of high capacity magazines. Unfortunately , Virginia is not one of them. In 1935 The Federal Migratory Bird act limited the number of shells one could have to three in automatic shotguns and that law still stands today. It was implemented to stop the slaughter of ducks and migratory birds. Now due to gun lobby we have no LAWS to stop the SLAUGHTER OF OUR OWN SCHOOL CHILDREN. It appears to me 1935 Americans had more common sense than we do today. Please email me the information concerning this particular permit request. Malcolm Krebs 10/5/22,8:23 AM Mail-Michaela D.Mckinney-Outlook Conditional Use Permit Application for Russell Brown (1212 Sycamore Rd) Dan Dunaway <usnaoline@gmail.com> Tue 10/4/2022 10:13 AM To:Michaela D.Mckinney<MMckinney@vbgov.com> Cc:russellbrown86@gmail.com <russellbrown86@gmail.com> 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 received the letter regarding the conditional use permit application for Russell Brown at 1212 Sycamore Rd. The purpose of this communication is to offer our support for the Brown Family in their endeavor to operate a business out of their home. The Browns are a strong Christian couple, dedicated parents of three young children, and caring neighbors, who are productive citizens of Virginia Beach and active participants in the Lynnwood community. Due to their personal character, family values, and moral compass, the Browns have my full support to pursue this family business venture out of their home. I understand that their business will create little to no change in the neighborhood and will not result in any increased traffic, noise, or other inconvenience. I can attest that the Browns will execute their business with integrity and remain fully compliant with all Federal, State, and local laws and ordinances. These are the types of people you want doing business in Virginia Beach. Thank you for your time and consideration. All The Best, John D. Dunaway, Jr. Melissa W. Dunaway 1220 Sycamore Rd. Virginia Beach, VA 23452 757-651-5845 https://outlook.office365.com/mail/inbox/id/AAQkADgxZDQyOWQ1 LWNjZTgtNDdkYS1 iMGUyLWY2ZWNIMGM40TQ4NQAQANE%2FfuV2YWVGsFV... 1/1 10/5/22,8:38 AM Mail-Michaela D.Mckinney-Outlook Brown Permit Application Scott Polinkas <spolinkas@hotmail.com> Tue 10/4/2022 9:26 PM To:Michaela D.Mckinney <MMckinney@vbgov.com> Cc:russellbrown86@gmail.com <russellbrown86@gmail.com>;K-Ride <kellythetraveler@gmail.com> 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. City of Virginia Beach, We received the letter regarding the conditional use permit application for Russell Brown at 1212 Sycamore Rd and are writing to offer our support for the Browns in their endeavor to operate a business out of their home. The Browns are excellent neighbors and members of this community and have our full support to pursue their passion. We understand that their business will have minimal impact and change in the neighborhood and will not result in any increased traffic, noise, or other inconvenience. Thank you for your time. Respectfully, Scott and Kelly Polinkas 3428 Misty PI Virginia Beach, VA 23452 757-362-4153 Sent from my iPhone https://outlook.office365.com/mail/inbox/id/AAQIcADgxZDQyOWQ1 LWNjZTgtNDdkYS1 iMGUyLWY2ZWNIMGM4OTQ4NQAQANMbfNddlf5HsbujdukT... 1/1 10/5/22,8:37 AM Mail-Michaela D.Mckinney-Outlook Brown hearing 10/12/2022 Don Leneski <snowman985@aol.com> Tue 10/4/2022 10:39 AM To:Michaela D.Mckinney <MMckinney@vbgov.com> 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 McKinney I live across the street from the applicant. Please accept this notice as an endorsement for the Brown application. We cannot get enough informati-on on gun safety and knowledge. Virginia is a 2nd Amendment State. There is nothing in the applicant's request that would interfere with our neighborhood Donald M Leneski 1201 Sycamore Road https://outlook.office365.com/mail/inbox/id/AAQkADgxZDQyOWQ1 LWNjZTgtNDdkYS1 iMGUyLWY2ZWNIMGM4OTQ4NQAQAMQQNCIaeMdJsQKuc8... 1/1 ' B•2� -shore- DD. rive Shur e ,) B-2 B2 / 0 B22 i ny N r A Site vt, r�12F Property Polygons Green Clean Shore, LLC 4769 Shore Drive Zoning s Building No Feet 012.525 50 75 100 125 150 ,•.,,, ';icy. co./ .,, ,,,,i0-41,, ,i., ,,,,.,.,„.,„,,,.,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: GREEN CLEAN SHORE, LLC [Applicant] KS SHORE, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 4769 Shore Drive (GPIN 1479473214). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: November 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to redevelop a parcel near the intersection of Pleasure House Road and Shore Drive with a Car Wash Facility. The site is a 35,235 square-foot parcel zoned B-2 Community Business located in the Shore Drive Corridor Overlay District. It is currently being used as a surface parking lot. Two existing entrances from Pleasure House Road and one existing entrance on Shore Drive on the parcel will be closed as part of this redevelopment. The proposed building elevations, as shown on page nine of the staff report, depict a contemporary style building with gray brick veneer, large aluminum windows, and contrasting composite wood siding. Tower elements, found throughout the Shore Drive corridor, create a varied roofline. Fourteen (14) vacuum stations, that will be covered with a black canopy, will be provided for customers. The required three parking spaces will also be accommodated on site. Signage will include a monument style sign on Shore Drive and building signs. • Considerations: The site is located in the Shore Drive Corridor Overlay District. The proposed building design adheres to most of the key principles of the design guidelines for the Shore Drive Corridor Overlay District, including the color palette, scale and massing, and materials. Typically, buildings in the Shore Drive Corridor should be brought forward to Shore Drive. The location of the proposed Car Wash Facility is set back from Shore Drive, but as the parcel has significant dimensional constraints that hamper traffic circulation and as the applicant is proposing interior landscape plantings to screen the parking lot and vacuum stations, this is acceptable. No adverse traffic impacts are anticipated, and the use is complementary to adjacent residential neighborhoods. The applicant presented multiple times to the Bayfront Advisory Commission and worked closely with that group's Design Committee to ensure their proposal met the design guidelines of the Shore Drive Corridor Overlay District. At its September 15, 2022 meeting, the Bayfront Advisory Commission voted to recommend the project for approval to Planning Commission and City Council. Green Clean Shore, LLC Page 2 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On October 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda by a recorded vote of 9 - 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 Landscape Plan," dated September 2, 2022, and prepared by Kimley-Horn. 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 "Green Clean Auto Wash," dated September 7, 2022, and prepared by SBA Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. The vacuum stations shall have an all-black assembly with black hoses, black trash receptacles, black posts, and black canopy cover. 4. The pay station canopies shall be substantially similar to the provided photographic exhibit but shall black with no color-changing LED lighting. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. 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. 8. There shall be no portable or nonstructural signs or electronic display signs on the site. Green Clean Shore, LLC Page 3of3 9. 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. 10.A11 outdoor lights shall have static lighting and shall be natural hues (e.g., white light). 11.The location of the required three parking spaces will be finalized during site plan review (i.e., those spaces without vacuum stations). 12.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. 13.The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. • 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 f7 1 City Manager: pcf? Applicant Green Clean Shore, LLC Property Owner KS Shore, LLC Agenda Item lilkilBPlanning Commission Public Hearing October 12, 2022 City Council District District 9,formerly Bayside 3 Virginia Beach Request Conditional Use Permit (Car Wash Facility) 5th Sire ' - Staff Recommendation Approval of e ei rd ` s' a m 4,90„ � � Staff Planner f- _- �4`eryue ,E�.i t ow Elizabeth Nowak Sword - a I mod. 1W"." 7:1 Location "Or, # 4769 Shore Drive I GPIN , '-'*-il Ge 1479473214 8 'ce Circle t IW Y Roa d 36 Site Size 35,235 square feet - Q��oaoa� AICUZ Less than 65 dB DNL "°°'`L' Watershed ,/ ,..TIpJ Chesapeake Bay Existing Land Use and Zoning District Parking lot/ B-2 Community Business f Shore Drive Corridor Overlay District iliftrit � _ Irr Surrounding Land Uses and Zoning Districts1. ri M"":".—,./: • "rit: I et North - � . ., � - '_�`� ' _- _ „ ". �'� "„'te EEC Shore Drive • l j ' �'�reDnvc Pharmacy, gas station, car dealership/ B-2 C I,.,__ Community Business T ;� _ __- South i+ • A "�' ' Shopping center, assembly use, single-family ,�, '' -a'2, f rAl dwellings/ B-2 Community Business � , • .,,, �:+*+•: East Restaurant, automotive sales, auto-parts shop/ '•e., t , _ 4 _> B-2 Community Business •'I�5,, West !..� t Pleasure House Road 'a _ � '. ... Restaurant, gas station, shopping center/B-2 Community Business Green Clean Shore, LLC Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Car Wash Facility at 4769 Shore Drive, a 35,235 square foot, parcel that is currently developed as a surface parking lot. The property is zoned B-2 Community Business and is located along Pleasure House Road in the Shore Drive Corridor Overlay District. • The applicant, Green Clean Car Wash, LLC, is proposing to develop a single-tunnel car wash with 14 vacuum stations Two automatic pay stations for the car wash will be located on the west side of the parcel and an enclosed dumpster will be located on the east side of the parcel to be screened with plantings as required by the Zoning Ordinance. • Three parking spaces are proposed, thereby meeting the minimum parking requirements set forth in the Zoning Ordinance. • Hours of operation are proposed as between 7:00 a.m. and 8:00 p.m., daily and the facility will be staffed by up to three employees. • The submitted building elevations depict a contemporary design and color palette. The exterior will be clad primarily with light gray brick with a contrasting darker gray foundation.Tower elements will be distinguished with hipped standing seam metal roofs and fiber cement siding with a natural wood finish. Flat awnings will be installed above aluminum storefront windows. • The proposed vacuum stations will be black with black fabric canopies.Two pay stations will be located on the west side of the site near the entrance to the car wash tunnel.These stations will also have black canopies to match the vacuum stations. • At present,this parcel has five ingress/egress points along the rights-of-way:three on Pleasure House Road and two on Shore Drive. The applicant proposes to close three of these entrances,two along Pleasure House Road and one along Shore Drive.The vehicular access point near the mid-point of the north parcel line along Shore Drive will be retained as the primary access into the site. The southernmost entrance on Pleasure House Road will be retained as it shares an access easement with the shopping center to the south, but the site design will not use that entrance as a means to enter the car wash site. • The southernmost ingress/egress to the property on Pleasure House Drive is shared with an adjoining shopping center;while the applicant is not proposing to incorporate this entrance into their site plan,they will make necessary improvements to allow safe, continued use of the entrance by ensuring a minimum 15-foot radius is maintained onto Pleasure House Road. • The sign package for this development includes two wall signs and a single free-standing, monument-style sign on Shore Drive. The wall signs will be located on the north elevation facing Shore Drive and the east elevation facing Pleasure House Road.The proposed monument sign will have a masonry base to match the proposed building and will not exceed eight feet in height. It appears that the signs do meet current sign standards within the Zoning Ordinance; however, a more detailed review will occur during the sign permit review. • A dumpster will be located near the west property line. It will be enclosed with a masonry wall and screened with Category IV plantings, as required by the Zoning Ordinance. • The submitted concept plan depicts streetscape plantings within 10-foot wide landscape beds proposed along Pleasure House Road and Shore Drive. Streetscape plantings include a combination of street trees and shrubs designed to provide a low screen of automobiles on the site from the right-of-way. In addition to the streetscape Green Clean Shore, LLC Agenda Item 3 Page 2 plantings,the applicant is proposing an additional row of shrubs between the vacuum stations and Shore Drive that will green the site and provide additional screening of the vacuum stations. E: =Acz:=-3 e: -- r 2 Shor•Orive Zoning History ° # Request 1 CUP Gasoline sales in conjunction with a convenience ° and carry-out food store)Approved 03/14/2000 2 CUP(Motor vehicle sales)Approved 02/25/2003 0B71 a 0 El 1 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,the applicant's request is acceptable. One of the guiding principles from the Comprehensive Plan for the Shore Drive Suburban Focus Area is to create and maintain "Great Neighborhoods" by developing complementary non-residential uses to support residential development. Given that the proposed site is located in a commercial node along Shore Drive, a new use such as a car wash would not detract from the residential quality of the area. The proposed building design adheres to most of the key design principles of the Shore Drive Corridor Overlay District, as listed below: • Encourage development consistent with the community's goals that will achieve the physical characteristics necessary to enhance the economic vitality and visual aesthetics of the Shore Drive Corridor. o The proposed neutral and natural color palette is consistent with the established character of Shore Drive. o The roofline is punctuated with hipped roof tower elements, an architectural feature found throughout the Shore Drive Corridor and that ties the proposed development into the existing Shore Drive character. o Proposed plantings green the site and help screen the interior of the site. o The proposed canopies for the pay stations and vacuum stations visually minimize the presence of the equipment. • Ensure that the scale and context of new buildings are compatible with the desired character of the community, while encouraging existing buildings to upgrade to meet the higher standards of design. o The building has compatible massing and scale with adjacent commercial development. o The proposed materials, including the brick,fiber cement siding accents, and standing seam metal roof, are high quality. o The proposed monument style sign is attractive and uses the same masonry materials as the building, tying the signage in with the building design. Green Clean Shore, LLC Agenda Item 3 Page 3 • Ensure that development relates to the pedestrian as well as to the automobile, and that non-residential uses are compatible with adjacent residential areas. o The building is designed with regular, symmetric fenestration that is capped with horizontal awnings and the entrance is clearly indicated by changes in material. These design choices relate the building to the pedestrian environment. o Car wash facilities are a complementary non-residential use as they cater to service needs of automobile owners. o The concept landscape plan includes an interior landscape strip between the vacuum stations and Shore Drive to additionally soften visual and aural impacts of the site. Staff does note, however,that a major recommendation in the Shore Drive Design Guidelines is to bring buildings forward to the street front and to locate parking behind the building. In this instance, Staff is supportive of the design as the unique site constraints limit the possible layouts for interior vehicular circulation and landscaping is proposed to screen the interior of the site. Additionally,this proposed layout will remove three extraneous entrances (one on Shore Drive and two on Pleasure House Road), improving the vehicular access management along both corridors. The applicant worked closely with the Bayfront Advisory Commission and its Design Committee.The applicant presented to the Bayfront Advisory Commission twice—once in August and once in September—and received support provided that additional changes were made to the proposed screening for the vacuum stations. These changes include the addition of a black fabric canopy to the vacuum stations and changing the color of the vacuum stations and hoses to an all-black design. In discussing the overall design of the site with Staff and the Bayfront Advisory Commission Design Committee,the applicant also agreed to change the color of the pay station canopies to black to match the other site appurtenances and to remove a typical color-changing LED light strip on the pay station canopy edges. Staff is recommending Conditions and 3, 4, and 8 to address these comments. Staff anticipates no adverse impact on traffic is anticipated with this development. Staff's traffic analysis shows that while an increase in average daily trips (ADT) is expected,the estimated 500 ADT is within the traffic capacities for Pleasure House Road and Shore Drive. There are two Capital Improvement Projects slated for Shore Drive and Pleasure House Road, but these projects are not yet funded and should not be affected by this proposal. For these reasons, Staff is recommending approval subject to the following conditions and exhibits in this report. Recommended Conditions 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Landscape Plan," dated September 2, 2022, and prepared by Kimley-Horn. 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 "Green Clean Auto Wash," dated September 7, 2022, and prepared by SBA Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning& Community Development. 3. The vacuum stations shall have an all-black assembly with black hoses, black trash receptacles, black posts, and black canopy cover. 4. The pay station canopies shall be substantially similar to the provided photographic exhibit but shall black with no color-changing LED lighting. Green Clean Shore, LLC Agenda Item 3 Page 4 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. 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. 8. There shall be no portable or nonstructural signs or electronic display signs on the site. 9. 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. 10. All outdoor lights shall have static lighting and shall be natural hues (e.g.,white light). 11. The location of the required three parking spaces will be finalized during site plan review (i.e., those spaces without vacuum stations). 12. 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. 13. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as part of the Suburban Area of the city in the Shore Drive Suburban Focus Area and the Shore Drive Corridor Overlay District. One of the guiding principles of the Suburban Area is the creation and maintenance of"Great Neighborhoods," which are stable,sustainable, and supported by a mix of complementary residential and non-residential uses. The Shore Drive Suburban Focus Area (SFA) is primarily a residential area, but commercial uses are encouraged provided they support the needs of existing neighborhoods. One of the main goals of the SFA is to avoid over-commercialization Green Clean Shore, LLC Agenda Item 3 Page 5 to ensure that resort-based uses complement, rather than dominate,the corridor.This particular area is designated as a "Gateway Zone,"which is recommended primarily for retail,service, and offices uses that are compatible with the needs of the surrounding neighborhoods. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known cultural or natural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 20,500 ADT1 32,700 ADT 1(LOS 4"D") Existing Land Use 2—440 ADT Pleasure House Road 10,470 ADT1 12,500 ADT 1(LOS 4"D") Proposed Land Use 3—500 ADT 'Average Daily Trips 2 as defined by a 0.8 acre of B-2 3 as defined by an automatic car 4 LOS=Level of Service zoning wash with one tunnel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major urban arterial. The MTP proposes a six-lane divided facility within a 150-foot wide right-of-way. Pleasure House Road in the vicinity of this application is considered a two-lane undivided collector street. The Pleasure House Road Street Improvements Phase I project is currently in the CIP with no funding programmed through 2028. This project will provide street and safety improvements along Pleasure House Road from Shore Drive to Northampton Boulevard. Improvements will include new curb and gutter, drainage improvements, bike accommodations and a new five-foot wide sidewalk along Pleasure House Road. A second roadway CIP project is slated for this area. Shore Drive Corridor Improvements- Phase II (CIP 2-116)will provide safety improvements, including pedestrian walkways and bikeways, along the Shore Drive corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersection at Pleasure House Road and at Greenwell Road. This project is currently not funded in the CIP. Public Utility Impacts Water City water is available via an existing City water transmission line along Shore Drive and an existing City water main along Pleasure House Road. Sewer City sanitary sewer is available via two existing City sanitary sewer gravity mains along Pleasure House Road. There is also an existing Hampton Roads Sanitary District force main along Shore Drive and an existing private sanitary sewer gravity lateral along the adjacent eastern and southern properties. This site must connect to City water and sewer. Green Clean Shore, LLC Agenda Item 3 Page 6 Public Outreach Information Planning Commission • The applicant's representative met with the Bayfront Advisory Commission on August 18, 2022 and September 15, 2022 to discuss the details of the request. Additionally,the applicant's representative coordinated with members of the Bayfront Advisory Design Committee throughout August and September. At its September 15, 2022 meeting,the Bayfront Advisory Commission voted unanimously to support the application with changes to the screening for vacuum stations as recommended by the Bayfront Advisory Design Committee as it meets the requirements of the Shore Drive Design Guidelines. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on September 12, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, September 25, 2022 and October 2, 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 September 26, 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 October 6, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 30, 2022 and November 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 October 31, 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 November 11, 2022. Green Clean Shore, LLC Agenda Item 3 Page 7 Proposed Site Layout on 64. lib! I- 0 44 L ...... c.) _ ;04! 11ii k (z, QC 04 i- • c) ,. f i r--7 ,...._. di,11A j _ , . .,' •-• I • . .. 1 i — i 01/41 ...--4)10 Vi : * " 1 /'-. 1,Vit-Iv=1.-x-•'... 1 -, v,.,.. • ------(4,, , ' . • : - I , 1 c 4' . 1 .::' *' 4' -- 1 -.i--.?•--.tai ' r:------:r"---1 : 1 ,4_,_z i,i , , i , , ;- • -..:... ., 1 1 --) ., ti A• , : , 1 • ,....,..„:, 111( z-1.,,,; . i if t r , I _ „A., , , ,. . - .„ ..--___ • , 1, --7 :i -.:--4---: t! . l' (;;\ : 1-.----c.--4.i ', 1 I ---i i I, .,f •e 1/4}'i 111 .... .._ , _ -i -- 4 •I , v. i, • : I € --- ?-2 1 t.-,,,.. , -7 ; . 5 :!' • 1 ! :i -' 1 -" . - * •.; r. --- ---4 Ill — , , e-- -•- .. am. 1 I ,b1A --. : .:__ ; ,-____ i 44, .....-__ . ' 1s• ' i. '1 1 '. • : •I'• I , rai ;, • . : 401- -1 I -Z..; , • : : ..err- : ).; ra, Rim — . ntuition - - ' ' ' i ...yi \ ,f i (3 U,771/- /- - - . .-----'-'1! 1 OD i ! ,A_IN_,, r z:e4 • , 1 - \__-- rs) -4.:,..,t ; - ----r--,----- --+-,,_ - , . , , ______ ..., i t \ I . i:, •• - , ., , -:-.------- , • • •.--'7 -1 - .. I p ---_..'-,-4.... :.'.. . '\ - ---------''----.-.., '. • , - * •_..... I '''......,1 _'-' '. .c,#•.. ,• -.. - Ile t:.:: ........... .II .. i 16.4 - -.... 1.! ! ---- - __ • 1 g -1- -.----,----- --- ----— — -----.----.---j It ©- -k _ _____-------- ,,,,., i - Owht N.L0i4.4 "/FIVrAelV"AikON;07;i7Sr101,i arinsv-31,, ,q; @ 7 ... 1 Ei Green Clean Shore, LLC Agenda Item 3 Page 8 Proposed Building Elevations W` 1 ' .,- .-4 PT, 1- t�_i i EllH ' �' x 41 ( --i O • a c ,r k A iiiii‘ Q/ o s 1/1 o% ko . . . : , 7- _ , ,_ _ , _ _ „., . , , _ _ _,_ ___. , , _ ,.' 1 .___ , — ...., ., . . _, of o +—#. w, i 1 v T Q i . i11.X CU iaU l.9 Green Clean Shore, LLC Agenda Item 3 Page 9 0 0 VI CD a_ v c 0 //�IMESTONE CAP,TIP. 3 �1 QUICK BRR((MATCH BUILDING) vi (D � < n Vf • ikr c 2 i CEDAR PLANKS ON STEEL FRAME. ' CD � INSTALL LATCH HARDWARE 6 CASTERS 0 DOOR BASE PROVIDE 12'0' / STRAP NGESPERTERIOR DOOR�E LEFT SIDE ELEVATION y OF DOORS TO BE 3"x3"x114"STEEL ANGLE WELDED(114"WELD MIN.)ALL LIMESTONE CAP.TYP--. \ CORNERS WI3"x3"x1r4"STEEL ANGLE QUIZs\ DIAGONAL CROSS BRACING WELDED (MATC BRIK �' DI STEEL FRAME WELD TOP AND (MATCH BUILDINGIBOTTOM STEEL ANGLE OF FRAME TO r i ., STEEL TUBE ATTACHED TO HINGES i -24"x24'x48"DEEP CONC FIG i T. o 10"x8"CONCRETE FOOTING _ ti`, W/(2)05 CONTINUOUS M DUMPSTER M \ j INSTALL 1r2"DIA,18'LONG,METAL If ROD GATE LATCH INSTALL 3M-x 6" a t9 HOLE INTO CONCRETE Q BOTH ---♦ OPEN AND CLOSED POSITIONS TO N — RECEIVE ONTROLATCH ROD CONTROL JOINT QP. .ti `�' RIGHT SIDE ELEVATION R-- _ i ~ '� / CEDAR GATE TO)--- r 6� CONC.FILLED 6'DIA BOLLARD / DOORS.PAINTED .._, �J TYP PAINT TO MATCH EIFS ON -..__--___-____„_.__r_-- BUILDING,SEE BOLLARD DETAIL OUICKBRIKiMATCHBUILDINGI x•Ii ;` rx GATE STRAP HINGE (3)PER DOOR � 6 4" 6 4 , .' 11 CONC FILLED 6"DIA „'i 1 BOLLARD.TYP.PAINT TO 17-6' MATCH METAL ON BUILDING SIDING 1y UT DIA 18"LONG METAL FLOOR PLAN ;. 1 111 ROOGATELATCH ---4"GATE CASTER PROPOSED DUMPSTER ENCLOSURE L -1� L- i 'V ' 't ' 04.07.2020 •.: SCALE: 1/4"=1'-0" FRONT ELEVATION '41407jM.- Cl D rD 00 a, D D N I_ CU 0 CM rD C r O W r) Proposed Monument Sign Exhibit w 4 � i W -- 1 1 8f 1 0 0 1.,- - , <-J : i f / zy te 0 I C') C as= #.4 « -� W .12 i-- tt) M '1 0.t.Co la I ' Z i NM 41 In w , liglobin or', ' , 2 isAC 440 H ° - '' D ..... I. ,•::t4 ' • Z Co ' %. a . :1 ...4 h, , , ..., ,.., .4, . ., t: 16, 441: ,i; 2 w H X w Green Clean Shore, LLC Agenda Item 3 Page 11 Proposed Vacuum Stations and Canopy 1 , . . I , 0 ,__ ..,....)) ..... -1 • ., MrA,, trag,.... ... 4 f., 11, 'IF 1 Ii -..--.- 1 1 ,,,,, i • . - ,tI- .It , 1 _k,. , , i 1144111 , -'' .?' ' '', 1111'''=• IIuiIr , '-- • i ...„ .. . ......: . , . -.. - ,., ....•-; . .„ , _ . , .-.'. -- .." ' ' el _ — , -.=: - ...... ... . .,. ..... ,--t, , .. ..,.._..•- " ' 4 , - „. . ,-. ..... si \ , ---:. . ';:=--.. \s,_. ,4141*- -;---',.--:- ":4,-.4...::-4':::A4:4414tiltl.,,pli-4,-;;.:1,.. -7-°.'*-li -..., , .. 1' , .. '' -,... .. -4#.*.rf - r .,, 1.-„ . I ..• " - 1,1,17- it'?.__. . — 1 It l tit - - t• * 4- i .--. .,, _ ,.. :::-.0';'.1)::-‘_.,•`-'`-'• 1 if -ilk -- _:..• .. \ ,. - „ ,... _ . ., , : .•..8'- " -•,,'- ""'. , ;6P— 4#. N• I _ , t‘--'-' ........f_..., \ , ' r 1 .y,- i '---f - - 14--- \f. .. ,=------ .),K -, i..„.... .1-,.; •, - 1. •, t A -.- V,- '-- 1 .......T..t t., j 4. i 0 •.,,,....,_;.../,,,.i.rl's: , , / 11111 ,i, ‘:... :‘ :, : 1 _,-.',..: ,i).i4:''17,- .,i,.•-•(_.*':',•':..:;_'-:4-7.i.!,:',..,:7.--',,.,2,-;':,,. . .: . — \ ' - " ..,--:•Os,.;',' • ' t.-. * Green Clean Shore, LLC Agenda Item 3 Page 12 Proposed Pay Stations & Canopies ElIP , 4..4-? • , .a ,hii? 11-7 t� % .rt w i ,,., `'//Clearance 7'2��// , `� 77_ ,;ie.,:".."'-'-.1.al,-...........71",",e 7,2., r '"-•-`-•,,,,,It..47::::,,:1-, '.- ' -1.'". --r."--- - ' . , w., t 'il, • �, ti .- , r y ° _ :, 111114iiii t 4: 4. #if Mil iti. , "i l`. 1` . _ - r - � ,-- t g ItE .-. r ?r . ,,'`�;ir�i Eeie�� emY r a i �— f ' •AlkilL . • Green Clean Shore, LLC Agenda Item 3 Page 13 Site Photos c _ �. -- _ r_ _ .r S f • j'r _ ' 1',1}�- ♦_ .a _�_ "y .+�c.. _may y� • • 4110E- i I ' i t ir e� sxa' - l �--_ram'-^,..a•T_'-�+a'-t�^".o—...._..-� - :« -. �.tl�- - yX. Green Clean Shore, LLC Agenda Item 3 Page 14 Site Photos ..._ ...._.. . . .... , 11, illl . . f -v. . _. . ... , , ,. ... IX._ . e _... All. --.*. .,.. IIIteih-ilik. ii _cook .411141t. - • •-.''...,t :>. .K lalPi - . ,- ,....W.i.,...........? ,...........___.. .. ..-....,,,.... ilipZ, .. .f 77' • . --- ..... . . . . -. .. - • ' . . . ..• .. • '-. . .-,-' ._- .-. ' . A..,- . A . . ...• ,....... ., ........- 401111k40 1,..40 :- .......mommumil.....gammin ......................_..................,:._ - 4 . 1., I ,, • . . . ...,..-. - . .4. t. 41M11 .,..,, •_, .111W.- • . .1 „II, ..... .. .......jr_,...,-.---_ ----- .-- -...,- -.......* .._ , _ _._ . . .....,.....,._ - • .:...-„ .... ....!•,...3,,,/,14J'ilk,,...'10 .'z-•,;$-1,..:We'vt'A", ''.4"r'*.':.I'-:'.4.- 4 ,. • Green Clean Shore, LLC Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement ON of F4,yrni,Bach 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 Green Clean Shore LLC Does the applicant have a representative? I Yes D No • If yes,list the name of the representative. Kimley-Horn -Grace Haverly,P.E. 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) Shawn Everett,Craig Van Bremen • If yes,list the businesses that have a parent-subsidiary=or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Green Clean Holdings LLC,Evergreen Car Wash Ventures "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 11.09 1 I Green Clean Shore, LLC Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement \h3 ON al Jimmy Dash 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. MidCap Financial 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. Wick Smith -Thalhimer 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. Clark Schaefer Hackett-Steve Estelle 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. SBA-Kevin Cieszykowski 5. Is there any other pending or proposed purchaser of the subject property?❑Yes a No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09.2020 2 I ` Green Clean Shore, LLC Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement Planning&Community.- Develop nent 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'ndividual providing the service. PG Harris-Austin Sybert 7. Does the applicant have an engineer/surveyor/agent connection with the subject of the application or any business operating or to be operated on the property?III Yes ❑No • If yes,identify the firm and individual providing the service. Kimley-Horn -Grace Haverly, P.E. 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?ti Yes ❑No • If yes,identify the firm and individual providing the service. Eastern VA Law Group-Jerry Bowman Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accu ate 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 pu;,.ody or committee in connection with this application. 4 re Craig Van Bremen VP Development Express Wash Concepts Print Name and Title 07/29/22 Date Is the applicant also the owner of the subject property? ❑Yes 1 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 0 No changes as of I Date 10/26/2022 a as.G NSe,v.a °rat""'" El9abeth Nowak Revised 11.09.2020 3 I P a g e Green Clean Shore, LLC Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement Planning&Community Developmmnt Owner Disclosure Owner Name KS Shore LLC Green Clean Shore LLC Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?In Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Aled and O.Pete Kotarides and Sons LLC Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO 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 c ose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I F a e Green Clean Shore, LLC Agenda Item 3 Page 19 Disclosure Statement Disclosure Statement \L3 fttkIt Planning&Community - Development r r _... -- 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?❑Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?0 Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. MSA,P.0 Revised 11.09.2020 6 I I .- Green Clean Shore, LLC Agenda Item 3 Page 20 Disclosure Statement Disclosure Statemen : Ni3 •tanning&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 ❑No • If yes,identify the firm and individual providing legal the service. Kaufman&Canoles,P.C. 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. /Pag \.eki Owner Signature Pete Alex Kotarides,Manager of KS Shore LLC Print Name and Tide 8/1/2022 Date Revised 11.09.2020 7 I P a g e. Green Clean Shore, LLC Agenda Item 3 Page 21 Disclosure Statement DISCLOSURE STATEMENT—ATTACHMENT TO PAGE 5 KS SHORE LLC Sole Member: - Alex and 0.Pete Kotarides and Sons LLC Members: - Pete O.Kotarides and Basil 0.Kotarides,Co-Trustees of the O.Pete Kotarides Revocable Trust U/A/D 3/19/2004,as amended - Pete Alex Kotarides and Petro A.Kotarides,Co-Trustees of the Family Trust created under the Alex Pete Kotarides Revocable Trust U/A/D 3/19/2004,as amended - Pete Alex Kotarides and Petro A.Kotarides,Co-Trustees of Marital Trust A created under the Alex Pete Kotarides Revocable Trust U/A/D 3/19/2004,as amended - Pete Alex Kotarides and Petro A.Kotarides,Co-Trustees of Marital Trust B created under the Alex Pete Kotarides Revocable Trust U/A/D 3/19/2004,as amended - Pete A.Kota rides - Pete O.Kotarides - Petro A.Kotarides - Basil O.Kotarides Managers: - Pete A.Kotarides - Pete 0.Kotarides - Petro A.Kotarides - Basil 0.Kotarides Managers: - Pete A.Kotarides - Pete 0.Kotarides - Petro A.Kotarides - Basil O.Kotarides Green Clean Shore, LLC Agenda Item 3 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Green Clean Shore, LLC Agenda Item 3 Page 23 Virginia Beach Planning Commission October 12, 2022, Public Meeting Agenda Item # 3 Green Clean Shore, LLC (Applicant) KS Shore, LLC (Property Owner) Conditional Use Permit (Car Wash Facility) Address: 4769 Shore Drive RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: Thank you. The next item is number three for Green Clean Shore LLC, for a Conditional Use Permit at 4769 Shore Drive. Is there a representative here to speak? Please come forward. Hi. If you could state your name for the record. Grace Haverly: Yep. Grace Haverly. Mr. Alcaraz: Thank you. And are the conditions acceptable to you? Grace Haverly: They are acceptable. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Frankenfield to please read this item for the record. Barry Frankenfield: All right, thank you. The applicant is requesting a Conditional Use Permit to operate a car wash facility at 4769 Shore Drive. Currently it is a surface parking lot, the property, zoned B-2, and is located along Pleasure House Road in the Shore Drive Corridor Overlay District. The applicant, Clean Green Car Wash, has worked extensively with Staff and the Bayfront Advisory Commission to come up with an attractive well thought out plan that is appropriately screened and signed and since the Bayfront... Not since, but the Bayfront Advisory Group proposed approval of the plan and Staff does also as Planning Commission, we represent approval on consent. Thank you. Mr. Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, 5, 6, and 7. Jack Wall: Thank you. Do I have a motion to approve the consent agenda as read by the vice chair? Mr. Alcaraz: Mr. Chairman, I move that these items be approved by consent. Jack Wall: Okay. Thank you. Is there a second? Mr. Horsley: Second. Jack Wall: Okay. Got a motion by Mr. Alcaraz, a second by Mr. Horsley. Is there anybody that needs to abstain? Any Planning Commissioners needing to abstain from these items on the consent agenda? You need to hit the second button right there. Mr. Horsley: Thanks. Mr. Alcaraz: I was the mover on that. Ms. Cuellar: Pardon me. I think... Yeah, I was not the mover. My finger accidentally hovered on the button. Jack Wall: Oh, okay. Madam Clerk: The vote is open. Jack Wall: Okay, so the vote is open. We'll just proceed. Okay. Madam Clerk: By vote of nine in favor, zero against, agenda items 1, 2, 3, 4, 5, 6, and 7, have all been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Landscape Plan," dated September 2, 2022, and prepared by Kimley-Horn. 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 "Green Clean Auto Wash," dated September 7, 2022, and prepared by SBA Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning & Community Development. 3. The vacuum stations shall have an all-black assembly with black hoses, black trash receptacles, black posts, and black canopy cover. 4. The pay station canopies shall be substantially similar to the provided photographic exhibit but shall black with no color-changing LED lighting. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. 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. 8. There shall be no portable or nonstructural signs or electronic display signs on the site. 9. 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. 10. All outdoor lights shall have static lighting and shall be natural hues (e.g., white light). 11. The location of the required three parking spaces will be finalized during site plan review (i.e., those spaces without vacuum stations). 12. 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. 13. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. 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. OR street 18th . __________ , street 180 ____.,,- 03 \ 'PP 4. C. 1 OR OR OR co \ , / , OR �. treat 0s 1111 1l thH OR \I \ N r A Site A— ,: Shawn Andrew Maslaney W p�• ' Property Polygons -5'' 1724 Baltic Avenue Zoning Building Feet 0 510 20 30 40 50 60 sf-CIA f� ar ?I r.' -Lz CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: SHAWN ANDREW MASLANEY [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1724 Baltic Avenue (GPIN 24270730526800). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: November 15, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental for an existing 2-bedroom condominium unit, built in 1984, which is located at the corner of Baltic Avenue and 18th Street. According to the Applicant, this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not Grandfathered for such use. The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. There are not past violations for Short Term Rental Use associated with this property. Known Short Term Rental activity as of October 19, 2022: • Conditional Use Permit Application Intake Date: September 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: N/A • There have been no documented stays nor have any lodging taxes been paid to the Commissioner of Revenue • Considerations: According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental fosters this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. The two required parking spaces are provided for on-site. Additionally, the Condominium Association at this address has provided a letter of support for the proposed use of Short Term Rental. 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. Shawn Andrew Maslaney Page 2 of 4 • Recommendation: On October 12, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 1724 Baltic Avenue and the Short Term Rental use shall only occur within the dwelling unit. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. a) The dwelling units shall comply with all required Fire and Building code requirements. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Shawn Andrew Maslaney Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to Shawn Andrew Maslaney Page 4 of 4 interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 19.Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a parking plan consistent with the requirements of Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance, or as approved by City Council, must be submitted, and approved by the Zoning Administrator. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7/ City Manager: Applicant & Property Owner Shawn Andrew Maslaney Agenda Item Public Hearing October 12, 2022 Ilk ,)B City Council Election District: District 6, formerly Beach 7 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval t\ . ig."Arts WV - f ,„,,,w0000-1 20 Staff Planner S. 0•17..., • 22nd Street Garek Hall Hannigan mill___z().--- ....-....-e� r-7--- ,o_mii. Location 2 sWI s 1724 Baltic Avenue 1 111.1103 in id 1 GPIN * 1111 �` - —%� �, . 24270730526800 g Site Size ` 16,800 square feet "''�` -.it 'Silk sj R't rrr, , Existing Land Use and Zoning District Apartments/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North - 18th Street Townhouses, Brewery/OR Oceanfront Resort , -. :AA. South ,; .: _ - 17th 1/2Street (alley) �' rt:.311.-'2 ',. i,.., A ,�. _ Commercial/OR Oceanfront Resort . - - N is - � aY East Q• ` � � f Baltic Avenue Apartments/OR Oceanfront Resort `- sat v._ _.4:;_,_.,..:-%st, West 3 ,. Alley � � �T..,Single-family dwellings/OR Oceanfront Resort . . � _ - _ -- ±h �,; a t or'sv" 1 i x� Shawn Andrew Maslaney Agenda Item 7 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 16,800 square foot parcel located within the OR Oceanfront Resort Form Based Code District. • The Short Term Rental will occupy 1 unit of a 14-unit condominium building that was constructed in 1984. • Staff inspected the site on September 20, 2022, to observe site conditions and take photographs for this report. • There are no records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity VDA\-\s)JW----'-s-. % r- , ''-' -'-- \11- ' IS -Vita' 11�22,0 s v !fit` __- \ c"-----______-- — ----AV --1, 7Vb, — cl'_a%' t j h 4ree Z E c� CX 1 1 . 4, ___ -Oi---- . *._ . _ -'------‘-1-n-.6-u----.I-i\ii a I -- t_ — ii , __ __,ev...1 1evrad - . t4'S \ .. : ,� ,\--t- 1 ,..� acl 1 Short Term Rentals 1 0. i' 1 j cup stit,s 1l-a 1 } • VI OA',i-ib'N'' ‘ - 10114 \' Summary of Proposal The applicant submitted a Conditional Use Permit for a Short Term Rental in one condominium unit addressed 1724 Baltic Avenue. The regulations for Short Term Rental use are identified in Section 241.2 and 2300 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 2 adults per room): 4 adults • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 2* Shawn Andrew Maslaney Agenda Item 7 Page 2 *Each of the 14 units are provided with one parking space and there are 21 parking spaces available on site. The applicant/owner is leasing one of the on-site guest spaces to meet the parking requirement for Short Term Rental. Zoning History # Request 1 CUP(Brewery)—Approved on 11/8/2017 _ ` ,� _ 2-4 STR—Approved on 08/25/2020 Eis\ 1 , \s, 0 ' STR—Approved on 06/09/2020 STR—Approved on 02/18/2020 1 STR—Approved on 02/04/2020 OR 4) ,9hs,�eet 5 STR—Approved on 01/18/2022 z f 6-10 STR—Approved on 09/01/2020 14 STR—Approved on 09/01/2020 �- - R- ♦� STR—Approved on 09/01/2020 } o� 1 1= STR—Approved on 09/01/2020 NON(Expansion of a nonconforming duplex dwelling)— �`re`` 02/01/1992 15 oR 11- STR—Approved on 08/18/2020= - 13 STR—Approved on 08/18/2020 STR—Approved on 06/09/2020 14 CUP(Automobile Museum)—Approved on 12/07/2020 15 ALT(Tattoo Parlor)—Approved on 05/17/2022 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 The Short Term Rental request is for an existing 2-bedroom condominium unit, built in 1984, which is located at the corner of Baltic Avenue and 18th Street. The condominium is located within the Ocean Resort (OR) Short Term Rental Overlay District as well as the ViBe Creative District. The subject condominium unit shares the building with other multi- family condominium units and Short Term Rental units. The surrounding area is a mixture of multi-family dwellings, commercial retail, and eating and drinking establishment uses which are all typical of the Oceanfront Resort and ViBe Creative District The unit in question has not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance. The applicant has stated that they do not intend to use this unit for Short Term Rentals prior to approval of this application. Due to these factors,there is not previous history for Staff to analyze regarding compliance with existing ordinances. Currently, 6 of the 14 units within the condominium building are legally utilized as Short Term Rentals units, according to City records. The parking plans for this application does not conflict with the other six approved parking plans and is reflected in Site Layout & Parking Plan section below. Shawn Andrew Maslaney Agenda Item 7 Page 3 As of September 20, 2022, one letter of support for this application has been received by Staff from the Condominium Association. For the reasons stated above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1724 Baltic Avenue and the Short Term Rental use shall only occur within the dwelling unit. 2. An annual (yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. a) The dwelling units shall comply with all required Fire and Building code requirements. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Shawn Andrew Maslaney Agenda Item 7 Page 4 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each Short Term Rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 19. Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a parking plan consistent with the requirements of Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance, or as approved by City Council, must be submitted, and approved by the Zoning Administrator. 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. Shawn Andrew Maslaney Agenda Item 7 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • A letter of support was provided to Staff by the Condo Association. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on September 12, 2022. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, September 25, 2022, and October 2, 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 September 26, 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 October 6, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, October 30, 2022 and November 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 October 31, 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 November 11, 2022. Shawn Andrew Maslaney Agenda Item 7 Page 6 Site Layout & Parking Plan Baltic Avenue / Parking provided for this application GJ �� Parking already in use by CD other STR applications +. ;v > t V) m Q t t _ t ti .c Co Shawn Andrew Maslaney Agenda Item 7 Page 7 Site Photos 44 4 4- --- II - i ,, , . , \ ' .:': ' ' ' ,;,-. i ,,,,,, ____ _ a * 11111 : --' - 4 14 *di .4' '' i (if II/1 1'if/[ - L ui •4=y _ t Shawn Andrew Maslaney Agenda Item 7 Page 8 Disclosure Statement Disclosure S - =- Uri3 Planning C nmuiti* Deveiopment \te4 ,70„:„.„. The disclosures contained in this form are necessary to inform pubic officials who may vote at the application as to whether they have aconflict of interest under Virginia law. The wmpletion and submission of this form is required for all appiications 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 SHAWN ANDREW MASLANEY Does the applicant have a representat ve? ❑Yes S Noi • :f yes.lit the name of the representative. Is the applicant a co rpm.ation,partnership,firm,business,test or an un incorporated business? D Yes U No • i yes.Ih;t tie r.3^ie;Df al!off_ers tr!rectors,members,tnzstees.etc belcis Vitt3i 3 k_t f necessaryl • tf yes,Iist the businesses that have a parent-subssdiarv'or affiliated business entity`relationsh p refit t*a a;ca_a-t a list rf necessary; '"Pa rent-suibssdiaryrefataon9cp'means'a reiat.onst pthatexistswhen one corporation directtyorendirect to,owns shares possessne mare than 50 percent of the vobr g power of another corporation.* See State and Local Government Confbcctof Interests Act,VA.Code#2.2-3101. ''Affiliated business entity relatrornstep`means*a relationship other than parent-ubsdiarf relattonship,that exists when(II one business entity has acontrohting ownership interest in the other business entity,(a)a contra'ng owner in one entity is also a controlling owner in the other entity,or(ail there is shared management or control between the business entities. Factors that should be cortsdered r n determining the existence of an affiliated business entity reiations#up include that the same person or s ubsta nos tr y the same person own or manage the two a nt rt res;there are common or comet irtghed funds or assets,the business entities share the use of the same offices or employees or otherwise share acbvsbes,resources or personnel ce a regular bases:or tf;e r e is otherwise a dose work ing relationship between the ent rbes.` See State and Local Goy a rrvn a nt Conflc t of Interests Act; Va. Code f 22-3101 Rg,,suJ1 i i fir;`!`_' it Page Shawn Andrew Maslaney Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement t.t131 & tlt�iitt2illl " I)evekrrxt rot- Known interest by Public Official or Employee Does a'official or employee of the Ctt:y of Virgirila beads have an interest in the subject lanc or any proposed development cosstingerr•;m the subject public action?0 Yes ■ No • yes,what i;the name of me official cx employee and what is the nature of the interest? Applicant Services Disclosure 1. Does t^e applicant have any existing financing(mortgage,deeds of trust,cross-collaterali:ation,etc)or are they considering any financing in connect on with tr+c subject of the application or any business operat;rye or to oe operatea on the property? ❑Yes ■No • if yes,Identify the(Inane's institutions providing the service 2 Does t^e appbcart have a real estate broker/ag,nt/reahor for current and anticipated futu a writ of t'r<ubject property? ❑Yes ■ No • If yes,identify the corrpany aria individual providing the service. 3. Does me appl:cait have services foe accounting and/or preparation of tax returns provided in coif neat+or with the subject of the application or any business operating or to be operated on the property?❑Yes III No • If yes,Identity the firm and individual providing the service. 4. Does tiwi applicant have services from en bedstead/landscape architect/Land planner provoed In connection with the subject of the application or any business operating or to be operated on the pr aarrl i%:Yes ■ No • If yes,Identity the firm and individual providing the service 5. Is there any other pending or proposes purchaser of toe subject property?❑Yes No • If yes,identify the p.:rchasrr and purchaser's service providers. Revised 11.09_1010 ' Shawn Andrew Maslaney Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement - rinigar Manning&Community 13evelop merit • 6. Does the applicant have a construction contractor in cornection w th the subject of toe applicatior or any business ope atrng or to be operated on the property?❑Yes I No • if yes identify the company and ndividual providing t^e service 7. Does the applicant have an engineer/surv+eyor/agent in connection wit"the subject of the application or any business operating or to be operated on the property?❑Yes le No • if yes,identify the firm and Individual providing the service 8 Is the aoplrcan:retiring legal services in connection with the subject of the application or any bus.ness operating or to be operated on the property?❑Yes I No • it yes,identify the firm and individual providing the service Applicant Signature .r,•!ti , all of the information contained n this Disclosure Statement form is complete,true,and accurate I understand the!, ui r: 'r c t•i:t of notrficatlon that the application has been scheduled for pubic hearing.i am responsible for updating the Information provided herein two weeks prior to the meeting of Ptann ng Commission,City Council,VBDA.(SPA.,Wetlands Board or any public body or committee in connection with this application. Cr"' dr)IF __a O ua►.1 MAdSANe ?*O►�R-;3 ck•J Ai Print Nome end MeC) 0-91151X1 Date Is the applicant also the owner of the subject property? I Yes ❑No • yes,you do not need to fill out the owner disclosure statement FOR CCTV USE ONLY/Ali dirsclosures must be updated two(21 weeks prior to any Planning Commission and City Council meeting that pertains to the applications i. . Nt ctu e1 Date 10/25/2022 Signatu-e � ^�- P n`..'T` Garek Hall Hannigan Revised 11 09?020 3 I P a g e Shawn Andrew Maslaney Agenda Item 7 Page 11 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. Shawn Andrew Maslaney Agenda Item 7 Page 12 ''''-;-' ____, \.....- --, _____ . ...._ . \------c\ -1,4 ' \-., , .,..e - __31 .\---, . . . , ...1 ,.„... :.. - ______ . s� • \ . . tit . e•31a.. ,0 i„,,,,..\_..,D. .,----, ----. - -__:\\ —.or- \;:-- • iG. ,r, -- -- lio ... - \ .lila,i, i.---\\A. 1 I l J p a i. f+'r`'` F Ilk i, -ter- i 'I I rJ W ti ./ z kl 6 .6=aditiJ �' ti i CL Q Yok �} Lt1G= y Et. 2 a r , .•; �A _- k I'll, _ _ l'Ilitili\i dig iiiiE 1 ti "1,,\c 910,11 ea% 10 ''tolligi' , ,,iii, --0- , , _......-----_ = . s-.,..--, ...,_.....s. __... 1 i „.,,,\ - Z -- --N y ;%, { *em 1. sa-.w 61,0.-:1l 6-7.\- S ie-:1 -1 I\\A ,\\. .-.i(5--5-..-..-i.r5-„--1-1---)-i;s7Ii.g..I..:/--i-r c..-4,-.---..\. ti ,te ..-,_1k1..,•, ti C/ 1- -- l + � Tcfd-n• re.ll,,,' ' cam - 3 J i5 -.16-," --,„..-Ali,-,c-Ir- a- .-\ ( \- : .....p , ,t = --6-10.6) - ..\Ct_T„-F.,-.-_ ----- -• - • ___Iii.-.-. ,,, fst __ ,_ ----7 \'‘ ';':4,:-C-1. ...---z--,::- .43,v, , .-„, \ \,_,......C,T0 C "0--.-.:,, \' IS Ili --- -- 11 � vim ilkI , 4Illit �r �I � �� ,, t \ , , ,.....,...„ L A. 4 1110 \ , I i I 4 ,, „ - , 0., N r - ), _ a I I 0 ( I 0 . ______1 Virginia Beach Planning Commission October 12, 2022, Public Meeting Agenda Item # 7 Shawn Andrew Maslaney (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 1724 Baltic Avenue RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: All right, thank you. The next item is number seven for Shawn Andrew Maslaney, at 1724 Baltic Avenue for Short Term Rental. Is there a representative here to speak? Shawn Maslaney: Afternoon thanks for having me. I'm Shawn Maslaney, the applicant. Yeah, I appreciate you guys having me. Yeah, I approve the recommended conditions. I accept them. Mr. Alcaraz: Thank you. You may be seated. Shawn Maslaney: Appreciate it. Mr. Alcaraz: Is there any opposition in this item being placed on the consent agenda? Hearing none. I asked Mr. Weiner to please read this for the record. Mr. Weiner: Thank you, Mr. Alcaraz. This is a Conditional Use Permit for a Short Term Rental at 1724 Baltic Avenue. It is in the OR district. Therefore, we have placed this on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places the following applications on the consent agenda. Items 1, 2, 3, 4, 5, 6, and 7. Jack Wall: Thank you. Do I have a motion to approve the consent agenda as read by the vice chair? Mr. Alcaraz: Mr. Chairman, I move that these items be approved by consent. Jack Wall: Okay. Thank you. Is there a second? Mr. Horsley: Second. Jack Wall: Okay. Got a motion by Mr. Alcaraz, a second by Mr. Horsley. Is there anybody that needs to abstain? Any Planning Commissioners needing to abstain from these items on the consent agenda? You need to hit the second button right there. Mr. Horsley: Thanks. Mr. Alcaraz: I was the mover on that. Ms. Cuellar: Pardon me. I think... Yeah, I was not the mover. My finger accidentally hovered on the button. Jack Wall: Oh, okay. Madam Clerk: the vote is open. Jack Wall: Okay, so the vote is open. We'll just proceed. Okay. Madam Clerk: By vote of nine in favor, zero against, agenda items 1, 2, 3, 4, 5, 6, and 7, have all been recommended for approval by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 1724 Baltic Avenue and the Short Term Rental use shall only occur within the dwelling unit. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. a) The dwelling units shall comply with all required Fire and Building code requirements. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each Short Term Rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 19. Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a parking plan consistent with the requirements of Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance, or as approved by City Council, must be submitted, and approved by the Zoning Administrator. 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. FROM THE DESK OF Martin Plaisted August 31, 2022 RE: STR Conditional Use Permit Letter of Recommendation For: Mr. Shawn Maslaney 1724 Baltic Avenue Virginia Beach,VA 23451 To Whom It May Concern: I am writing today,as a board member for the condo association, and as a neighbor of Mr. Shawn Maslaney, in support of his decision to apply for a conditional use permit for short term rentals at the referenced property. I have been proud to serve as a board member along side of Shawn. He has been a great advocate for our condominium,championing the best interests of all owners. As a neighbor, he has been respectful to me and my tenants. No concerns have arisen from past renters. As stated above, I support Shawn's application for a STR Conditional Use Permit. Sincerely, Martin Plaisted M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 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=eaca28edccc6f0f63b7ecc2b86f23514d 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 15, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/01/2022 PAGE: 1 B AGENDA E R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I M O O I. O C N Y L O L OUWS T HCEEME S S EOE 1 H R YBS S ER N N CITY COUNCIL'S BRIEFING A. CANNABIS CONTROL AUTHORITY Jeremy Preiss, OVERVIEW Chief of Regulatory Policy &External Affairs Virginia Cannabis Control Authority Ngiste Abebe, Director of Public Policy Columbia Care II. CITY COUNCIL LIAISON REPORTS lll. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV- CERTIFICATION OF CLOSED SESSION CERTIFIED 1 l-0 Y Y V Y V V V V V Y V VI A-E F. MINUTES I. INFORMAL/FORMAL SESSIONS APPROVED 11-0 Y Y Y V Y Y Y Y Y Y V October 18,2022 2. FORMAL SESSION APPROVED 11-0 Y V Y Y Y Y Y Y Y Y Y October 25,2022 G. MAYOR'S PRESENTATION 1. COLOR THE WORLD ORANGE DAY PROCLAMATION 2. VB SIGN WARS RESOLUTION Brandon"Shaggy"Stokes 3. HOPE HOUSE FOUNDATION RESOLUTION Lynne Seagle H. PUBLIC COMMENT 1. 2023 PROPOSED LEGISLATIVE AGENDA 6 SPEAKERS I. PUBLIC HEARINGS I. PROPOSED CHARTER AMENDMENT I SPEAKER Filling vacancies on City Council 2. ACQUISITION, BY AGREEMENT OR 1 SPEAKER CONDEMNATION Winston-Salem Avenue Corridor Improvements Project 3. LEASE OF CITY PROPERTY — I SPEAKER AGRICULTURAL PURPOSES 9+/-acres located at 2848 Indian River Road 186+/-acres located at 3419 North Landing Road CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/01/2022 PAGE: 2 B AGENDA R H ITEM# SUBJECT MOTION VOTE I B H 0 W W 1_' R E L M R I I O C A DNC I MOO L O C N Y L 0 L OUWS T H CEEME S S EOE I H R Y B S S _ E R N N K.1. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y 1 V Y V EXECUTE a lease for 9+/-acres of City-Owned CONSENT Farmland at 2848 Indian River Road for up to five(5)years with Dawley Family Farms,LLC K.2. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a lease for 186 +/- acres of City- CONSENT Owned Farmland on Indian River Road and North Landing Road for up to five(5)years with Land of Promise Farms Partnership K.3. Resolution to REQUEST the Virginia Beach ADOPTED,BY 11-0 V Y Y Y V V Y Y Y V V School Board participate in the upcoming CONSENT Disparity Study (Requested by Council Members Holcomb,Miles, and Rouse) K.4. Ordinance to AWARD a $5,000 Community ADOPTED,BY 11-0 V Y V Y Y V Y Y Y V Y Services Micro-Grant to Speak Up for a Change CONSENT re support hunger relief and other charitable activities(Requested by Council Member Miles) K.5. Ordinance to AWARD a $5,000 Community ADOPTED,BY 11-0 Y Y Y Y V Y Y Y V- Y Services Micro-Grant to Christian Resource CONSENT Center re support its community resource center operations (Requested by Council Member Miles) K,C Ordinance to AMEND City Code Section 35-42 re ADOPTED 11-0 Y Y Y V V Y V Y Y V Y administration of disabled veteran personal property tax exemptions(Requested by Commissioner of Revenue) K.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-Owned CONSENT Drainage and Maintenance Easements located at the rear of 780 Los Colonis Drive re construct and maintain two (2) wood docks, flexamat ramp,two (2)wood bulkheads, and a gravel driveway,and to convert an existing floating dock to a fixed dock, and to maintain an existing wood dock,gravel fire pit,and rip-rap DISTRICT 2 (Formerly District 7 — Princess Anne) K.8. Resolution to ESTABLISH Pahala Park, LLC ADOPTED,BY 11-0 Y Y Y Y Y Y Y V Y V 1' d/b/a Coastal Event Medical Management and CONSENT AUTHORIZE annual EMS Permit re private ambulance services K.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y $126,000 from Federal Funds to the FY 2022-23 Police Department Operating Budget re training and travel to enhance law enforcement mental health and wellness programs K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 l-(0 Y Y Y Y Y Y Y Y Y Y Y $35,000 from State Funds to the FY 2022-23 CONSENT Police Department Operating Budget re overtime, the purchase of equipment,travel,and training to enhance efforts to address internet crimes against children K.l 1. Ordinance to TRANSFER S100,000 from the ADOPTED,BY 10-1 Y Y Y Y Y Y N Y Y Y Y General Fund Reserve to the Department of CONSENT Housing and Neighborhood Preservation re conduct an updated housing study with a focus on development of a strategy for affordable housing CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:11/01/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L M R T I O C A DNC I MOOL O C N Y L 0 L OUWS HCEEME S S EOE I H R Y B S S ERNN K.12. Ordinance to TRANSFER four(4)positions and ADOPTED,BY 10-1 Y Y Y Y Y Y NYYY Y associated funding from the Department of Human CONSENT Services re support purchasing and Public Works staffing needs for construction projects L.1. CARL JOSEPH & VICTORIA MATHER APPROVED,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y TREMAGLIO for a Street Closure re 7.5-foot by CONSENT 50-foot portion of an unimproved alley adjacent to 209 55`s Street DISTRICT 6(Formerly District 5—Lynnhaven) APPOINTMENTS RESCHEDULED B Y CO N S ENS U S 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 GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD COMMUNITY SERVICES BOARD Appointed: Jenny Perry— Unexpired Term Thru 12/31/2022 +3 Year Term 1/1/2023- 12/31/2025 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 7:17 PM OPEN DIALOGUE 2 SPEAKERS 7:22 PM