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4-18-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large C,1N� Egc VICE MAYOR ROSEMARY WILSON-District 5 J� 'S' MICHAEL F.BERLUCCHI-District 3 4 � ''� BARBARA M.HENLEY-District 2 � ' '_ 2 N.D. "ROCKY"HOLCOMB-District 1 U L ;'` a ROBERT W. "WORTH"REMICK-District 6 , DR.AMELIA N.ROSS HAMMOND-District 4 0� ?�' •,+ JENNIFER ROUSE-District 10 '*f, JOASHUA F. "JOASH"SCHULMAN-District 9 °f °UR N00NS CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 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 April 18,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 12:00 PM A. FY 2023-24 RESOURCE MANAGEMENT PLAN (BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM (CIP) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING& CIP Trenace Riggs, School Board Chair Dr. Aaron Spence, Superintendent Melisa Ingram, Executive Director—VBCPS Facilities Crystal Pate, Chief Financial Officer 2. BUILDINGS CIP 1:00 PM LJ Hansen, Director 3. PARKS AND RECREATION OPERATING & CIP 1:30 PM Michael Kirschman, Director Chad Morris, Planning Design and Development Administrator 4. ECONOMIC AND TOURISM DEVELOPMENT CIP 2:15 PM Emily Archer, Project Development Manager 5. ECONOMIC DEVELOPMENT 2:45 PM Kathy Warren, Deputy Director 6. PLANNING AND COMMUNITY DEVELOPMENT 3:00 PM Kathy Warren, Interim Director 7. AQUARIUM 3:15 PM Cynthia Whitbred-Spanoulis, Director 8. HUMAN SERVICES 3:30 PM Aileen Smith, Director 9. COMMUNICATIONS 3:45 PM Tiffany Russell, Director II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION - Conference Room- 4:30 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 Pastor Scott Rimer Community United Methodist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS April 4, 2023 2. SPECIAL FORMAL SESSION April 11, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—National Volunteer Week Audravette Jackson accepting 2. PROCLAMATION—Month of the Military Child 3. RESOLUTION—Autism Acceptance Month Tyler Williamson, Families of Autistic Children of Tidewater(FACT) Rhonda Osisek, Social Butterflies Tyler Hart, Commonwealth Autism(CA) Lider Counseling Alison Barclift, Sentara Christine Ross, Aid Another Leslie Lawrence, Easterseals Sharon Russell, Autism Society accepting 4. RESOLUTION—Mayor's Against Cancer Michele Couch, Bobby Levin, Donna Rennick, and Dr. Bruce Waldholtz, accepting I. PUBLIC HEARING 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 102.14 acres at 1713 Mill Landing Road J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Ordinance to AUTHORIZE the Dedication of a 2,679 square feet (0.06150 acre) Utility Easement to Dominion Energy Virginia over City-owned property at 1525 Salem Road re serve HRSD facilities 2. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU)between the City and the Navy at Navy Bases located in Virginia Beach re coordination of law enforcement 3. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach and the Transportation District Commission of Hampton Roads 4. Ordinance to ESTABLISH Capital Project #100664 "5/31 Memorial"; TRANSFER $1.2- Million from the General Fund Vacancy Savings to Capital Project#100664;AUTHORIZE the City Manager to negotiate a design contract with Dills Architects,PC and APPROVE the 5/31 Memorial site 5. Ordinance to ACCEPT and APPROPRIATE $4,660,479 from the Virginia Department of Transportation (VDOT) to the FY 2022-23 Public Works Operating Budget and TRANSFER $4,660,479 to the FY2022-23 Capital Improvement Program as pay-as-you-go funding re Capital Project#100401 "Street Reconstruction II" 6. Ordinance to ACCEPT and APPROPRIATE $784,142 reimbursement from Mancon, LLC; APPROPRIATE $1-Million from the City Garage Internal Service Fund Balance and TRANSFER $1-Million from capital outlay accounts to the FY2022-23 City Garage Internal Service Fund Operating Budget re increase cost of parts L. PLANNING 1. DAVID C. & MERIL B. GERSTENMAIER for a Street Closure re fifteen (15)-foot portion of an unimproved, unnamed alley adjacent to 650 South Atlantic Avenue & Lot 22, Block 20, Croatan Beach DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 2. BORN PRIMITIVE,LLC/MODERN SAVAGE INVESTMENTS,LLC for a Modification of Proffers to a Conditional Change of Zoning re office warehouse at Southeastern corner of the intersection of Virginia Beach & North Oceana Boulevards DISTRICT 6 (formerly District 6 — Beach) Approved February 24, 2004 RECOMMENDATION: APPROVAL 3. B AND B ASSOCIATES OF VIRGINIA, INC / INDIAN RIVER APARTMENTS, LLC for a Change in Nonconformity re expansion of apartment complex at 1008 Mineola Drive DISTRICT 1 (formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 4. JOE WHITE /PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re allow for wall signage larger than what is permitted by the Central Business Core (CBC) Form Based Code at 4564 Virginia Beach Boulevard DISTRICT 9 (formerly District 4—Bayside) RECOMMENDATION: APPROVAL 5. OCEAN CHILLIN, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 300 DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. MICHAEL BIONDOLILLO/HELEN A.LEWIS for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 2C DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. CAYMUS PROPERTIES, INC for Conditional Use Permits re short term rentals at 509 & 511 19t Street DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE 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@u,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/weblink/register/r3686b5cf51 a0e429d 1 de6263f56c5d37 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 18, 2023. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 12:00 PM A. FY 2023-24 RESOURCE MANAGEMENT PLAN (BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM (CIP) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING & CIP Trenace Riggs, School Board Chair Dr. Aaron Spence, Superintendent Melisa Ingram, Executive Director—VBCPS Facilities Crystal Pate, Chief Financial Officer 2. BUILDINGS CIP 1:00 PM Li Hansen, Director 3. PARKS AND RECREATION OPERATING & CIP 1:30 PM Michael Kirschman, Director Chad Morris, Planning Design and Development Administrator 4. ECONOMIC AND TOURISM DEVELOPMENT CIP 2:15 PM Emily Archer, Project Development Manager 5. ECONOMIC DEVELOPMENT 2:45 PM Kathy Warren, Deputy Director 6. PLANNING AND COMMUNITY DEVELOPMENT 3:00 PM Kathy Warren, Interim Director 7. AQUARIUM 3:15 PM Cynthia Whitbred-Spanoulis, Director 8. HUMAN SERVICES 3:30 PM Aileen Smith, Director 9. COMMUNICATIONS 3:45 PM Tiffany Russell, Director II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM III. CITY COUNCIL AGENDA REVIEW 4:15 PM IV. INFORMAL SESSION - Conference Room- 4:30 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 Pastor Scott Rimer Community United Methodist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS April 4, 2023 2. SPECIAL FORMAL SESSION April 11, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION —National Volunteer Week Audravette Jackson accepting 2. PROCLAMATION— Month of the Military Child 3. RESOLUTION —Autism Acceptance Month Tyler Williamson, Families of Autistic Children of Tidewater (FACT) Rhonda Osisek, Social Butterflies Tyler Hart, Commonwealth Autism (CA) Lider Counseling Alison Barclift, Sentara Christine Ross, Aid Another Leslie Lawrence, Easterseals Sharon Russell, Autism Society accepting 4. RESOLUTION—Mayor's Against Cancer Michele Couch, Bobby Levin, Donna Rennick, and Dr. Bruce Waldholtz, accepting 141A.B4c1 • -61 9+8 of o' �o •� UR NA firottanzatton Whereas:ereas: NationaH Volunteer Weekwas esta6Gshed in 1974 6y Presidential Proclamation and has continuedannualry to recognize the impact of volunteer service throughout the country;and Whereas: the City of Virginia Beach is proud of the thousands of volunteers who se ssly provide assistance at City government offices and programs, non profits,faith-based organizations,and other voluntary organizations each year;and Whams: over 9,300 volunteers gave 790,000 hours of their time to City of'Virginia Beach government programs alone in 2022;and Whereas: volunteers play an integral role in the fairrc of our community 6y providing an immense array of services from mentoring our children,feeding the hungry, helping people recover from emergencies, beautifying our parks and beaches, helping our seniors, and-much more;and Whereas: volunteers serve our community with compassion and empathy creating positive change that should never he underestimated or ignored but loudly recognized and celebrated,•and Whereas: collectively the workdone 6y volunteers improves the quality of Cafe in'Virginia Beach making it a more desira6le place to live, work and play. Wow,Therefore I,RQ6ert M. "Bo66y"Dyer,Mayor of the City of Virginia Beach, 'Virginia,do hereby proclaim: April-16--22, 2023 NadonalVolunteer Week In Virginia Beach,furthermore, and urge our residents to recognize the positive impact of volunteerism in our communities. In Witness Whereof,ereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, 'Virginia, to 6e affixed this Eighteenth Day of Apn4 Two Thousand and Twenty- Three. p6ert W. "Bobby"(Dyer Mayor •Y off` ,f,..:-,.-. $'.Gip V C i Op rpe0 igirodantettion Whereas: thousands of brave Americans have demonstrated their courage and commitment to freedom 6y serving in the VnitedStates.Military in active posts nationwide and g(o6aty;and `N44treas: and as there are more than 1.6 mill%n military children who face many challenges and unique epenences because of their parents'service;and Whereas: in the City of Virginia Beach,there are approXimately 16,000 military children who have been directly affected 6y military deployment of at least one parent;and Whereas: these children are a source of inspiration to us all;and it is important that we take time to recognize their contributions,celebrate their spirit,and assure our men and women in uniform that while they are protecting our safety and freedom,we are taking care of their children;and Whereas: the recognition of Month of the Military Chia(allows us to pay tribute to military children for their commitment,prude,and unconditional support of our troops because when parents serve in the military,Their kids are heroes too. Wow,Therefore I,Wg6ert M. "Bo66y"(Dyer,Mayor of the City of Virginia(Beach,Virginia,do hereby proclaim: April"2023 Month of the JKiltary Child In Virginia'Beach,and I encourage all citizens,city members,schools,and organizations during this month-long salute to provide direct support to military children andfamifies. In Witness 'Whereof I have hereunto set my hand and caused the Official Seal of the City of 'Virginia Beach, Virginia, to 6e affxied this Eighteenth'Day of Apri4 Two Thousand and Twenty- 'Three. - / jet/ Wo6ert M. "Bobby"Dyer Mayor • 4cpNl•B�0 _.441i. OF ouR tv,"°*s RESOLUTION WHEREAS: Autism spectrum disorder affects an estimated 1 in 36 U.S. children and 1 in 45 U.S. adults and is a complex condition that affects each person differently,resulting in unique strengths and challenges;and WHEREAS:Autism results in differences with verbal and nonverbal communication, social interaction, and repetitive behaviors,and can affect anyone,regardless of race,ethnicity,gender,or socioeconomic background;and WHEREAS: Autism is often accompanied by medical conditions that impact quality of life;and WHEREAS:A comprehensive, collaborative approach will help promote connections to supports, services, community and resources that individuals on the Autism spectrum need to live fully across their lifespan;and WHEREAS: early identification and intervention tailored to individual needs can have lifelong benefits, easing the transition to adulthood and fostering greater independence;and WHEREAS: each person and family affected by Autism should have access to reliable information and supports;and WHEREAS: individuals on the Autism spectrum should have opportunities to reach their full potential and the whole of society stands to benefit from this;and WHEREAS: eight of the organizations located in Virginia Beach providing services to individuals on the Autism spectrum as well as family members affected by Autism are: • Families of Autistic Children in Tidewater(FACT)is a local nonprofit serving hundreds of individuals on the Autism spectrum each year through social and recreational programs where individuals on the Autism spectrum develop and grow their social and communication skills and become more integrated in our community. FACT hosts six weeks of day camps each summer, three different ongoing monthly social programs, and a mix of sports, leisure, arts, educational, and life skills programs six days a week during the school year.In June 2023,FACT will open their new state-of-the-art Autism Resource Center which will serve as a one-stop shop where FACT and seven other organizations provide a variety of complementary services to thousands of individuals with autism and similar disabilities, as well as their families, in one central location in Virginia Beach. • The Autism Society Tidewater Virginia has been a local affiliate of the nation's oldest leading grassroots Autism organization, the Autism Society of America,for over 40 years with a mission to create connections, empowering everyone in the Autism community with the resources needed to live fully. The organization serves thousands of local families through parent education, respite nights, support groups for parents and adults with Autism, 5Ks, family and sensory friendly events, partnerships and collaborative efforts with local businesses, churches, and law enforcement to increase opportunities and improve experiences for people on the spectrum in their communities. • Aid Another is a local nonprofit organization who provides services to individuals with disabilities in Hampton Roads. Their mission is to promote and empower the unique talents and visions of individuals with a disability. Aid Another has established long-lasting relationships with individuals with disabilities and the community they reside in. It is their vision to help fulfill the adaptive needs of children and adults with disabilities and to continue to foster a positive and successful relationship with the people in the community. Aid Another has created a number of programs to enrich the lives of individuals with disabilities in a safe, supportive, and structured environment-such as art, dance, music, educational assistance, recreational activities,sports,and vocational and lifestyle development. • Commonwealth Autism is a nonprofit organization based out of Richmond, VA that is excited to be moving into the Hampton Roads area to provide more services for individuals with autism. Commonwealth Autism works towards equitability in the community by reimagining human service systems. Commonwealth Autism collaborates to innovate, operate, and model services that support community inclusion for Virginians with developmental disabilities such as autism through advocacy that builds awareness and creates engagement. • Easterseals UCP and PORT Health are trustworthy, compassionate partners providing exceptional disability, behavioral health, and addiction treatment services to help our neighbors live their best lives. Purpose, dedication, and empathy drive their in person and telehealth service delivery. Their diverse and inclusive 2,600 member team provides more than 10.2 million hours of meaningful support to 40,200 kids, adults and families in 11,000 home,facility and community locations across North Carolina and Virginia. Easterseals UCP is developing a kitchen teaching lab to immerse individuals with intellectual/developmental disabilities in specialized culinary programs. These innovative courses promote social connection, communication skill development,independence and overall wellness through experiential culinary arts. • Lider Counseling & Consulting provides important psychotherapy services for individuals on the Autism spectrum and other members of the Hampton Roads community. The clinical experience of al Howard at Lider includes the treatment of a diverse population;from children to adults, individual/couples/families struggling to cope with mood and behavior disorders, chronic illness, or developmental disorders. His therapeutic approaches are strengths based and grounded in evidenced based and trauma focused techniques. • Sentara Therapy Centers provides occupational, speech,physical therapy, aquatic therapy, early intervention therapy, Augmentative and Alternative Communication device evaluations, and Autism identification for individuals with autism and similar disabilities of all ages. Their therapists use the most advanced therapy techniques combined with personalized plans to help individuals reach their maximum independence, build on each individuals' strengths, and provide individualized supports across needed areas including sensory regulation,communication,and self-advocacy. • The Social Butterflies Club®program has been providing social-communication group therapy services to the Virginia Beach area since 2004! Their organization provides social skills groups for children ages 3-12 in a fun, structured environment facilitated by certified Speech-Language Pathologists. The unique therapeutic structure of their program and specialized curriculum also develops speech, language, fine motor, gross motor, and social-emotional and play skills in a naturalistic environment with peers. Additionally, The Monarch Club Social Skills program was developed for teens and young adults to provide the next level of social skills in alignment with their unique challenges and developmental needs. The Monarch Club Program provides their teens and young adults with ongoing support with new social challenges such as jobs, relationships, executive functioning skills,self-regulation,and learning to become independent. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize FACT,Autism Society Tidewater Virginia, Aid Another, Commonwealth Autism, Easterseals UCP and PORT Health,Lider Counseling&Consulting,Sentara Therapy Centers,and Social Butterflies Club for their efforts to address the diverse needs of individuals on the Autism spectrum and their families and recognize April 2023 as Autism Acceptance Month in order to create a kinder,more inclusive world for people with Autism spectrum disorder. Adopted by the Council of the City of Virginia Beach, Virginia the 18`h day of April 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. 44/0 tA4. oiA6totc Council Member Michael F.Berlucchi ouncil Member Barbara M. enleyCounccMember N.I, ocky"ky Holcomb 14) 1‘.41Ake)C6I.dfr /1„, Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond �1 it ember Jennifer Rouse • ..4166...A4111 0.4""P ounc Member Joashua F. "Joash"Schulman Council Membe Chris Taylor o' o ncil Member a.rina D. Wooten e Mayo osema Wilson Mayor Rosen M. "'vbs.),"Dyer if. Gt14lA BF4 045, O 04, :4-V�;;.�:::144 as bit OF OUR NATO RESOLUTION WHEREAS: We are all aware of the prevalence of cancer in our society today and the toll it takes on those who are afflicted as well as their families and loved ones,and we know someone who has been touched by it in some way;and WHEREAS:In this country, 1 in every 2 men and 1 in every 3 women are diagnosed with cancer in their lifetime with 1.9 million plus new cancer cases that will be diagnosed just this year alone;and WHEREAS: While the battle against cancer continues, there are important steps we can take to fight back;first, by detecting cancer early through screening tests that increase not only the chance of detecting some cancers, but possibly making it easier to treat them;and WHEREAS: The choices made about diet, exercise, and other habits can affect overall health as well as risk for developing cancer and other serious diseases, it's also important to understand that cancer screening tests can find cancer in people who have no symptoms;and WHEREAS: Unfortunately, medical mistrust, limited access to health care,financial insecurity, and geographic locations impact the likelihood of being screened, it is vital that we get the word out of the importance of early screening to everyone;and WHEREAS:Far too many individuals for whom screening is recommended remain unscreened, and this situation has been exacerbated by a major decline in cancer screening resulting from the COVID-19 pandemic—almost 90% in some cases;and WHEREAS:As part of the American Cancer Society's "Mayors Against Cancer"campaign and as members of the Virginia Beach City Council— we are asking all community leaders, companies, institutions, and organizations to help alleviate the devastating burden of this disease and help us towards ending cancer as we know it. Get the message out to everyone: Catch cancer early through screening tests—they can save your life. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize the efforts of the American Cancer Society to encourage everyone to get screened for cancer, regardless of health,age,or health history,and offer our full support to this vital campaign that can save so many lives. Adopted by the Council of the City of Virginia Beach,Virginia the 18'th day of April 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. pp Council Member Michael F.Berlucchi Council Member Barbara M.Henl � r Council Member N.D. "Rocky"Holcomb W.`1QH C-14'`' Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond uncil ember Jennifer Rouse 42a4G.4415-Sit4144 C-1)• etat "..****/ Council Member Joashua F. "Joash"Schulman Council Memh Chr is Taylor C ncil Member Sabrina D. Wooten e ayo osematy Wilson ayor Robert M. "Bob Dyer I. PUBLIC HEARING 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 102.14 acres at 1713 Mill Landing Road fr,y,s,,,,...,_ ,,,,:„......„, „,,, _ .Q. - • cgw�_ q) N„,,,,,,.,.5 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 102.14 acres of land located at 1713 Mill Landing Road,in the City of Virginia Beach,Virginia(GPIN:2410- 12-9506), pursuant to Ordinance No. 95-2319, as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland,(b)preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources,(d)reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and(e)assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of$1,305,349.The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing,which may be continued or adjourned,will be held by the City Council on April 18.2023.at 6:00 o.m., in the City Council Chamber located on the 2nd floor of the City Hall Building,2401 Courthouse Drive,Virginia Beach,Virginia. Any person interested in this matter may appear and be heard. 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://vbgov.webtx.com/weblink/register/r368 6b5cf51a0e429d1de6263f56c5d37 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on April 18,2023. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON: April 2,2023 and April 9,2023 •-1-^,mac 1.611,,, �Y!! L -- �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Morris Neck Farms, LLC (102.14+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $1,305,349, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: April 18, 2023 MEETING DATE: May 2, 2023 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of one (1) parcel of land having approximately 102.14 acres outside of marshland and swampland, is owned by Morris Neck Farms, LLC, a Virginia limited liability company. The parcel is located at 1713 Mill Landing Road (GPIN: 2410-12-9506) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of ten (10) single-family dwelling building sites, of which one (1) building site is being reserved for a future development. The proposed purchase price, as stated in the ordinance, is $1,305,349. This price is the equivalent of approximately $12,780 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.109% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.109% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks (April 2, 2023 and April 9, 2023). The Public Hearing will be held on April 18, 2023. Public notice will be provided via the normal City Council agenda process. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department D City Manager: 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MORRIS NECK FARMS, LLC 4 (102.14+/-ACRES), 2)THE ISSUANCE BY THE CITY OF 5 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $1,305,349, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $1,305,349; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.109% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.109% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $504,694.77 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance, to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUND : 6‘6- 9. W4 Director of Finance City Attorney's Office CA16054 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d031\p025\00876348.doc R-1 April 4, 2023 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2022-166 SUMMARY OF TERMS SELLER: Morris Neck Farms, LLC, a Virginia limited liability company PROPERTY LOCATION: 1713 Mill Landing Road GPIN: 2410-12-9506 PURCHASE PRICE: $1,305,349.00 EASEMENT AREA: 102.14 acres, more or less DEVELOPMENT POTENTIAL: 10 single-family building sites (1 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.109% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.109%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one (1)year following execution and delivery of the IPA. LOCATION MAP . _ „. ... - y • - --77..1 .,......- /... „, „ / ...., .., . 0 i / / ., _ .. • ---7---- Th.,.., i / // • `,. • — -. . — // • ' — • / . ———. ... '''..-----0.4,......4" • 4-— :—. _ .4.f.: , • , • T.4. , ... ....... ..... . .4! ...... • -***-7-4-—......... ..7.:.- - ..p.s... _ 4-7....-... - ...:-- • ... ...- .... ,,, _. .n.... ...,_..- , ,,,, .. - ..... ... ..... ....... ,0,,,, . 4 • -4- ., ::'-..-..4.:,. • l lopprAia' ' '''.4,;*,,,,, ., .7.,!..5t.. ' ' ......, ... •to —.., .., 40 1713 Mill Landing Road ii.. . GPIN•. 2410-12-9506 (Approx. 102.14 Developable Acres) f . %.110t, ... . _ 1 , / .., ..." o.,PY 1. . /- ..._ ,. ., ©city of Virginia Beach -:I...,_ • ' '''''.- .- .- I,..."': ' ' . i ;/s` ' . .. I HI i.1 .; ;* gyp; t - --ti, .. _, r, ,-•.,.- . 04..._ --140, Nii----7, -. f i .rTom-: a„ , i '¢ S ° .ate. .. ~ ti / \ ' 4,'11,40, ,, / ..,,, Fi, t :_ ., `,:_.,,-iii,r till ..,..V ---,... i '...„, Li't r \` • jIl� 1 �, r •i fir i ` * - , ,)! r' . ..1., Disclosure Statement • City of Virginia Bench 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 DisclosureSVP*54 ,7l o rr i S /Vak / r,y1c, L-LC Applicant Name 4 / fy( a /7)7orrtc 41-(&7(.19 / frutit owl I' Does the applicant have a representative? ❑ Yes ldNo • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? E " s ❑ No • If yes, list the names of all officers, directors, members,trustees,etc.below. (Attach a list if necessary) Mom c /i6'cl / r'nc, /Morris (fittiket- /eoo- w,, // �Z,r f- /��1G&a4fl7ôrriç �Oa/Irby"//nano Ca w�lo • 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. 1IPage "\BDisclosure Statement City of Virginia Beath Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beac ave an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the financial institutions providing the serice. /41 rrn i 2. Does the applicantca have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 12No • 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 onnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes lQ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner providedvi in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes L�No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes to • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement 111 City of Virginia Beach _ At- AB �,�,.....- •••...�„� Planning & Community Development • V...- 6. Does the applicant have a construction contractor' connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes Li No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conne 'on 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 con ction with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature v,hd4 Sco-111 iz ri ç - -0000w-477, not L7l /i�o/r%j' Print Name and Title (a —c�,f�/U0-/ /O —/q— c 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 ElNo changes as of Date Signature Print Name 3IPage leDisclosure Statement City of Vtryinia Beads , � Planning &Community ---- - -------. Development Continue to Next Page for Owner Disclosure 4IPage "NBDisclosure Statement City of Virginia Bend, Planning & Community Development Owner Disclosure Owner Name to /122((( /1t CAL rinc, GGC Applicant Name Nclr ,t ,S703171 Mori t.S' /11ortiS 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) /'itfOit fl/ w,-nan sc mOr'(s - emkr / avto' r / ©fir,'710 rrfS am 4-e v/ 60--D a-) r- • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach havean 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. 5IPage Disclosure Statement 1B •. City of Virginia Beat i ,,.,- 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 fina ng in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify th financial institutions providing the service. ( / / arraser 'I 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes E' i; • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I IVO • 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? CI Yes 2NO • If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes K 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/ageent�in connection with the subject of the application or any business operating or to be operated on the property? El Yes Ld io • If yes,identify the firm and individual providing the service. Wage Disclosure Statement City of 1,7:vim Beach Planning & Community �,�.�• ..___- _.�. _. ��. Development 8. Is the Owner receiving legal services in cconnnee tion with the subject of the application or any business operating or to be operated on the property? ❑ Yes • 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 /Vaco h c_ at /27a I (-Owl(/ Aria 3elry 71/44Q/ 74 Print Name and Title /O-/V—c Date 7IPage J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Ordinance to AUTHORIZE the Dedication of a 2,679 square feet (0.06150 acre) Utility Easement to Dominion Energy Virginia over City-owned property at 1525 Salem Road re serve HRSD facilities 2. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU)between the City and the Navy at Navy Bases located in Virginia Beach re coordination of law enforcement 3. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach and the Transportation District Commission of Hampton Roads 4. Ordinance to ESTABLISH Capital Project #100664 "5/31 Memorial"; TRANSFER $1.2- Million from the General Fund Vacancy Savings to Capital Project#100664;AUTHORIZE the City Manager to negotiate a design contract with Dills Architects,PC and APPROVE the 5/31 Memorial site 5. Ordinance to ACCEPT and APPROPRIATE $4,660,479 from the Virginia Department of Transportation (VDOT) to the FY 2022-23 Public Works Operating Budget and TRANSFER $4,660,479 to the FY2022-23 Capital Improvement Program as pay-as-you-go funding re Capital Project#100401 "Street Reconstruction II" 6. Ordinance to ACCEPT and APPROPRIATE $784,142 reimbursement from Mancon, LLC; APPROPRIATE $1-Million from the City Garage Internal Service Fund Balance and TRANSFER $1-Million from capital outlay accounts to the FY2022-23 City Garage Internal Service Fund Operating Budget re increase cost of parts wu � ftrleto :-.. as! ti +-! v .. J Kam. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Dedication of a 2,679 sq. ft. (0.06150 acre) Utility Easement to Dominion Energy Virginia over City-owned Property located at 1525 Salem Road to serve HRSD Facilities PUBLIC HEARING DATE: March 21, 2023 MEETING DATE: April 18, 2023 On the date of the public hearing, this item was originally scheduled for action on April 4, 2023, but was later moved to April 18, 2023. • Background: The City of Virginia Beach (the "City") owns a parcel of land known as Salem Woods Park, located at 1525 Salem Road (GPIN: 1475-77-5681) (the "Property"). Hampton Roads Sanitation District ("HRSD") is constructing facilities within their easement on the Property and have requested that the City grant a 2,679 sq. ft. (0.06150 acre) utility easement over the Property to Dominion Energy Virginia (the "Easement"). The Easement will allow Dominion Energy Virginia to install and maintain underground cables to provide electrical power to the HRSD facilities. • Considerations: The Easement is needed for HRSD to move forward with its facility project. • Public Information: A public hearing was held on March 21, 2023. Public notice of the hearing was advertised in The Virginian-Pilot Beacon. The meeting date notification was provided via the normal City Council agenda process. • Alternatives: Deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A, Location Map, and Disclosure Statements Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 09 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 2,679 SQ. FT. (0.06150 ACRE) UTILITY 3 EASEMENT TO DOMINION ENERGY VIRGINIA 4 OVER CITY-OWNED PROPERTY LOCATED AT 5 1525 SALEM ROAD TO SERVE HRSD FACILITIES 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 8 known as Salem Woods Park, located at 1525 Salem Road (GPIN: 1475-77-5681) 9 (the "Property"); 10 11 WHEREAS, Hampton Roads Sanitation District ("HRSD") has requested 12 that the City dedicate to Dominion Energy Virginia ("Dominion") a 2,679 sq. ft. 13 (0.06150 acre) utility easement over a portion of the Property, as shown on Exhibit 14 A attached hereto (the "Easement"); and 15 16 WHEREAS, the Easement would allow Dominion to install and maintain 17 underground cable, which would provide electrical service to new HRSD facilities 18 being installed on the Property within HRSD's existing easement. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute any documents 24 necessary to dedicate a utility easement to Dominion over the Property, as shown 25 on the plat attached hereto as Exhibit A, and made a part hereof, and such other 26 terms, conditions and modifications as may be acceptable to the City Manager and 27 in a form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 30 day of , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY t / (.06: City Attorney b is Works, Real Estate CA16035 R-1 February 23, 2023 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d002\p043\00862686.docx THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS I EXHIBIT Cl 44:S,q SO ,„, _ I N 3,457,969.0287 / / klDve J cop �Q N E 12,177,647.8971 / ( 40 PRO)q '/7 ��\99 4g. 5� F,-Y S 9 11 ' f��s '''53" PSEv. A / 38/o, f �Q q, ♦W ''' •`E+rt 44 E / .., • WpY 1F, IJ / O // / PROPERTY OF SITE/ o 4�� CITY OF VIRGINIA BEACH e / / D.B. 2033. P. 525 M.B. 225, P. 56 LYNNW+1E11 PKWY / / M.B. 142, P. 7 LOCATION MAP SCALE: 1" - 1200' �o / GPIN:1475-77-5681 4, / 3 VIRGINIA ELECTRIC AND POWER / PROPERT TY OF COMPANY, DOING BUSINESS AS hGY VIRGINIA �'DRAINAGE VIRGINIA BEACH EASEMENT RIGHT-OF-WAY DATA Fv UTILITY EASEMENT ^ 0.B.3122,P.1928 ,co / (N.B.225,P.56) / M.B.222 •r P. n PROPERTY OF = / h ,a CITY OF R/W PLAT: 25-22-0059 YIP,GRBA BEACH / WORK REQUEST. i 10426464 D.B.2520,P.666 / GRID: N0814 O.B. 1 P.9378(PLAT} / RIGHT-OF-WAY GPIN:iL75.78-H172 / / / / // T LEGEND / . � PIN FOUND OR / / AS NOTED d / DENOTES PROPOSED DOMINION / y h ENERGY EASEMENT - / PROPOSED 15' DOMINION ENERGY EASEMENT a1 <oTY OF . AREA =2,679 S.F. OR 0.06150 AC. / 2,679 S.F.OR 0.06150 AC. iZ `v VIRGINIA OF BEACH S29 42'S5"E 70.00' g g 3 0.9.2298,P.531 NOTES: ,6- . M.B.138,P.24 / 59.36' w GPIN:1475-76-8771 �� / ° obi N2942'S5W Y. a .% 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE / §w 0 PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). / k, o COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY ,,.� FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA / / A,^' ,d a BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. N 3,457,824.9365 / / ? �� R 2 -° 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS E 12,177,050.9619 87.00' COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. w �- N 29'42'55"W 1718.41'(O.A) v./ 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SALEM WOODS 28.17' 15.90' g SECTION NINE 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT SALEM WOOD'S SECTION SIX - BLOCK D CONSTITUTE A SUBDIVISION OF LAND. O I BLOCK D M.B. 149, P. 42) S (M.B. 160, P. 32) N Q -`� I (17) I (1-13) /'j`� i f 2) 5. EASEMENT TO BE ACQUIRED BY DEED. (.1) NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY NOW OR FOPMER Y NOW OR FORMERLY DANNY H.MILLER /NOW R FORMERLY , N 4• FRANKLIN D.HOWLETT AMANDA MAYES& MCANOR G.CASTLLO RONALD F.YEP.�STEF: SALEM WOODS o,• IX 202103064035 CESAP,E.REYES S ANGELA D.MILLEP. 1EDIDIAH MAYES / S NLDA P.CASTLLO S MARGIE G.VEROSTEK PLAT SHOWING SECTION ONE v`4 - S MYRNA F.REYES 0.6.2942,P.561 I.N.2 0210303 3 6 41 .B.3633 P.1280 GPM:1475-77-0607 D.B.d 2231,P.1454 BLOCK A A o dB.2229,P.984 GPIN:1475-77-2414 GPIN:1475 77-2372 GPB6 1475-77-2254 GPIN:1475�-77-3134 PROPOSED DOMINION ENERGY (M.B. 134, P. 13) At, GPIN:1475-77.1555 ;i', 3 , 4101,0,?`" CURVE DATA CHART EASEMENT °4;S'+w.°4°RCpg4y' TO BE ACQUIRED FROM THE 3 ,3e P.U O NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD BEARING CHORD LENGTH CITY 0 F VIRGINIA BEACH J 1�•7 199e p '' 4 Y0� ;1) s Cl 383.73' 521.00' 42'12.00" 201.04' S 37'44'28"E 375.12' 0 I ',p�y C2 368.50' 2805.29' 7'31'35" 184.52' S 12'52'41"E 368.24' °''/S;Is1°°4j 24:14. DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU �.57.„s� C3 48.72' 42.55' 65'36'15" 27.42' N 67'34'06"W 46.10' REVERE 4 ta,TH of TEL(757)385-4131;2473 N.LANDING ROAD;BLDG.23;ROOM lEiO DRIVE �ERQ { 4!. VIRGINIA BEACH,VIRGINIA 23456 (50' R/W) `. f BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE N.B.134,P.13) (4 CO RLI/e'7'9/P O Dovi,i , ith 7• BOUNDARY, STREETS OR OTHER UNES SHOWN ON THIS PLAT. EXISTING PUBUC RIGHT-OF-WAY, 8 Li LtF 425 a EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE ,49 i NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 CC 120' �� SURyE GRAPHIC SCALE CITY OF VIRGINIA BEACH APPROVED: DATE: 1'=60' DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH AUGUST 1,2022 DRAWN BY:DWD JOB A2202 19 �R , .Z<,,op\ .,--- , ,,, ...1•4 0• , .,,. , , ‘.. , ._...... 2•i" 4111111640044644:Iiiiiik... ' IT&•-, ,16, ,. , 00 ., ,,,IIII:!. *c/rc1 � t , 9/1' ! 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T, .;,• iEMSFoR0 p11111111111 RIS - Legend �� LOCATION MAP z, n .,., EXCESS CITY PROPERTY " ''City Properties ; 1475-77-5681 1191111111r4 GPIN 1475-77-5681 ti Feet Proposed Dominion Energy Easementtei.)6) III0 150 300 600 _ .. ......... .._ .,, ,,,.,,,Ill.,.,,, - :I.e\Atai_ea IA I1A 11,..15.---.i.A4A 7e Disclosure Statement 113 Oty of Virginia Beath Planning&Co •; 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 Electric and Power Company dba Dominion Energy-Virginia Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. ANDREW KUNKLE Dominion Designer Is the applicant 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-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) NA 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 F, e immanimmisp Disclosure Statement 1/13 Planning&Commun Develop a1 Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes II No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes IS 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. R_v,5e.!1 I + ?. 020 2 I P a e Disclosure Statement \i/3 Cary afirayipara Audi Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title / Li Date J f` L(Za23 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 ElNo changes as of Date Signature Print Name Revised 11.09 7('.) 3 I P a ? e Virginia Electric and Power Company Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Executive Vice President, Chief Financial Officer and Chapman, James R. Treasurer Executive Vice President, Chief of Staff and Corporate Reid, Carter M. Secretary Senior Vice President- Regulatory Affairs and Customer Arnett, Corynne S. Experience Senior Vice President- Nuclear Operations & Fleet Bischof, Gerald T. Performance Senior Vice President, General Counsel and Chief Brown, Carlos M. Compliance Officer Senior Vice President, Controller and Chief Accounting Cardiff, Michele L. Officer Curtis, Katheryn B. Senior Vice President- Generation Frederick, Michael D. Senior Vice President-Administrative Services Mitchell, Mark D. Senior Vice President- Project Construction Murray, William L. Senior Vice President- Corporate Affairs & Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President- Power Delivery Avram, Emil G. Vice President- Business Development Bassey, Utibe O. Vice President- Customer Experience Bennett. Joshua .1. \/irp, PrPciriant- nffchnro 1A/inrl 1VQt 11e I I Lle Curtis, J. Kevin Vice President-Transmission Duman, L. Wayne Vice President- Financial Planning &Analysis Green, Cedric F. Vice President-Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President- Distribution Operations Purohit, Prabir Vice President- Finance Sartain, Mark D. Vice President- Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President- System Operations Showalter, Alma W. Vice President- Tax Stites, Brandon Vice President- Project Construction Tomabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President- Shared Services Windle, Keith Vice President- Financial Management Woomer, Joseph A. Vice President- Grid &Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President- Surry Power Station Mladen, Fred Site Vice President- North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza"J. Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary Disclosure Statement � y4ti 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 HRSD Does the applicant have a representative? ID Yes ❑ No • If yes, list the name of the representative. Gary M. Hart, P.E., HRSD Chief of Design and Construction - South Shore 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) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-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 Q 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 Q 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 CI No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage 'NBDisclosure Statement (Vs/of tirtrvum 8nzl+ 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?Ca Yes ❑ No • If yes,identify the company and individual providing the service. Contractors: Bridgeman Civil,Mac's Electric,Systems East Incorporated 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?51 Yes ❑ No • If yes,identify the firm and Individual providing the service. Engineer: Kimley-Horn &Associates 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® 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 provid d herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bo or committee in connection with this application. Appll ant-S(gnature Gary M. Hart, P.E.,HRSD Chief of Design &Construction - South Shore Print Name and Title March 9,2023 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 Revised 11.09.2020 3 I P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding Providing for Coordination of Law Enforcement Between the City of Virginia Beach and the Navy at Navy Bases Located in Virginia Beach MEETING DATE: April 18, 2023 • Background: The City of Virginia Beach is currently a party to a mutual aid agreement with the Commander Navy Region Mid-Atlantic detailing the procedures for processing criminal offenses committed on property under concurrent jurisdiction in the City and defining the role of the Virginia Beach Police Department (VBPD) and the Naval Security Force (NSF) when VBPD responds to military bases for certain criminal offenses. The City Council last adopted a "A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding Providing for Law Enforcement Assistance with Domestic Violence and Felony Offenses Involving Juveniles from the City of Virginia Beach at Navy Bases Located in Virginia Beach" on August 23, 2011. The updated version of the Memorandum of Understanding (Agreement) further clarifies the role of NSF on property under concurrent and proprietary jurisdiction within the City and contains new provisions, such as memorializing the procedures for opening the Post 17 Dam Neck Annex gate to facility City traffic. The Agreement also includes the following new provisions: 1) The City shall respond to calls for service on Navy bases for all offenses involving juvenile suspects and active felony warrants. 2) The City shall coordinate with and participate in a minimum of one annual integrated training even at both Naval Air Station Oceans (NASO) and Joint Expeditionary Base Little Creek — Fort Story (JEBLCFS). 3) City Police Officers shall accept custody from NSF of persons with active extraditable warrants. The City will continue to provide law enforcement assistance in the event of Hostage/Barricade Incidents/Crisis Negotiations, in Active Shooter cases, and in Active Felony Tracking cases. The Navy Region will provide explosive detection K-9 support to the City at the City's request if assets are available. • Considerations: The City Manager may only execute the proposed Agreement at the direction of the City Council. • Public Information: Information will be disseminated to the public through the normal Council agenda process. • Recommendation: Adopt Resolution • Attachments: Resolution, Memorandum of Understanding and Summary of Terms Recommended Action: Adopt Resolution Submitting Department/Agency: Police City Manager:ffr•,0 2 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM 3 OF UNDERSTANDING PROVIDING FOR 4 COORDINATION OF LAW ENFORCEMENT 5 BETWEEN THE CITY OF VIRGINIA BEACH 6 AND THE NAVY AT NAVY BASES LOCATED 7 IN VIRGINIA BEACH 8 9 WHEREAS, Code of Virginia § 15.2-1728 authorizes local governments to enter 10 into mutual aid agreement with the appropriate federal authorities to authorize police 11 cooperation and assistance within such property or territory; 12 13 WHEREAS, the Navy Mid-Atlantic Region maintains explosive detection K-9 14 assets; 15 16 WHEREAS, the Navy is willing to provide explosive K-9 detection support to the 17 City if assets are available; 18 19 WHEREAS, the City of Virginia Beach maintains equipment and personnel for 20 law enforcement responses within its own jurisdiction and areas; 21 22 WHEREAS, it is recognized that the locations of Naval Air Station Oceana, Joint 23 Expeditionary Base Little Creek-Fort Story, and Naval Combat Training Center-Dam 24 Neck are under concurrent or proprietary jurisdiction in the City, that the Virginia Beach 25 courts have access to programs designed to address domestic violence and offenses 26 committed by juveniles, and that Virginia Beach is the appropriate secondary responder 27 in these events when assistance is requested by base security; 28 29 WHEREAS, Code of Virginia § 15.2-1728 provides that City police officers shall 30 have the same powers, rights, benefits, privileges, and immunities as are lawfully 31 conferred upon them within the City when they act, in the performance of their duties, 32 on property, such as those military bases located in Virginia Beach, that are under 33 federal authority; 34 35 WHEREAS, the City of Virginia Beach and the Navy Mid-Atlantic Region 36 Commander are cognizant of the benefits they will derive from an agreement allowing 37 those Navy bases located in Virginia Beach to request the aid of Virginia Beach; and 38 39 WHEREAS, the City of Virginia Beach and the Navy Mid-Atlantic Region 40 Commander desire to enter into a Memorandum of Understanding setting forth the 41 procedures to be followed in the event of an on-base domestic violence incident or an 42 incident involving a juvenile felony suspect. 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 1 47 1. That the attached Memorandum of Understanding ("Agreement") is hereby 48 approved. 49 50 2. That the City Manager is hereby authorized and directed to execute the 51 Agreement on behalf of the City of Virginia Beach. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia on the 54 _ day of April 2023. APPROVED TO CONTENT. APPROVED AS TO LEGAL SUFFIC ENCY: � L 1 fL ) Gltite�-G Police Department City Attorneys Office 7r--Th APPROVED AS TO CONTENT: Risk Management CA15320 R-2 April 6, 2023 2 SUMMARY OF MATERIAL TERMS 1. Events—On-base incidents of domestic violence or felony offenses committed by juvenile suspects and situations involving hostage/barricade incidents/crisis negotiations, active shooter cases and active felony tracking cases. The Navy Mid-Atlantic Region will provide explosive detection K-9 support at the City's request if assets are available. 2. Memorandum of Understanding-An agreement between the City of Virginia Beach and the Commander of the Navy Mid-Atlantic Region entered into in preparation for a response to any potential event listed above at a Navy base located in Virginia Beach. Appropriate Virginia Beach Police personnel will respond, if available, at the request of base security should such events occur. 4. Command and Control — Virginia Beach personnel will remain under the command and control of the Virginia Beach Police Department's On-Scene Commander and/or the Virginia Beach SWAT Commander. 5. Nature-Allows the City of Virginia Beach to provide police manpower and equipment, if available, in an effort to maintain public safety during any of the above described events. 6. Term - This agreement is effective upon execution and will remain in effect for 9 years unless terminated by either party with 60 days written notice. 5. Insurance - Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk Management. 6. Liability-Neither party assumes liability for the negligent acts of the other party. Code of Virginia§ 15.2-1728 provides that City police officers shall have the same immunities as are lawfully conferred upon them within the City when they act, in the performance of their duties, on federal property pursuant to a mutual aid agreement. DEPARTMENT OF THE NAVY NAVY REGION MID-ATLANTIC, NORFOLK VA THE CITY OF VIRGINIA BEACH, VA VIRGINIA BEACH CNRMA 4000 4000 MEMORANDUM OF UNDERSTANDING BETWEEN COMMANDER, NAVY REGION, MID-ATLANTIC AND THE CITY OF VIRGINIA BEACH, THROUGH ITS POLICE DEPARTMENT Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY Ref: (a) OPNAVINST 5530.14E CH-2 (b) CNICINST M-5530.1 (c) SECNAVINST 5430.107 (d) DoD Directive 3025.18 (e) SECNAVINST 5820.7C 1. Purpose. The purpose of this Memorandum of Understanding(MOU)is to establish a common understanding between the City of Virginia Beach (City), through its Police Department, and Commander Navy Region Mid-Atlantic (CNRMA) regarding the coordination of law enforcement, including the utilization of the Virginia Beach Police Department (VBPD) Special Operations Teams/Special Weapons and Tactics Team (SWAT) during emergent situations and processing of offenses committed on Department of the Navy (Navy) property under concurrent or proprietary jurisdiction in the City, and the role that both VBPD, Naval Air Station Oceana (NASO), and Joint Expeditionary Base Little Creek-Fort Story(JEBLCFS)Navy Security Forces (NSF)will play in ensuring the safety and security of Navy personnel and assets physically located on or aligned to NASO and JEBLCFS. 2. Background a. The Navy, acting through CNRMA, maintains substantial property at NASO and JEBLCFS under concurrent or proprietary jurisdiction, and the safety and security of personnel and property located within these installations is the joint responsibility of both CNRMA and the City. However, subject to the inherent law enforcement jurisdictional authority retained by the State and City, the Installation Commanding Officer (ICO) is to ensure no more than one armed security/law enforcement force exists aboard an installation without approval of the Chief of Naval Operations (CNO)per reference (a). Therefore, there is a need to delineate the responsibilities of both the City and CNRMA regarding the coordination of law enforcement,including the utilization of SWAT and processing of criminal offenses related to personnel and property within NASO and JEBLCFS. Page 1 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY b. Definitions (1) Operational Command Structure. The organizational hierarchy through which operational authorities are exercised, as contrasted by the administrative command structure through which administrative leadership is exercised. (2) Operational Control(OPCON). The authority to perform those functions of command over subordinate forces involving organizing and employing commands and forces, assigning tasks, designating objectives, and giving authoritative direction necessary to accomplish the mission. (3) Tactical Control (TACON). The authority over forces that is limited to the detailed direction and control of movements or maneuvers within the operational area necessary to accomplish missions or tasks assigned. c. Jurisdiction and Authority of Navy Security Forces (1) Per references (a) and (b), NSFs, composed of Military Police Officers (rated Master- at-Arms (MA)) and Department of the Navy 0083 Civilian Police Officers, derive their authority through their respective ICO from the Manual for Courts Martial (MCM) and United States Code (U.S.C.). (2) NSF jurisdiction and authority are strictly limited to their respective installation and other noncontiguous sites under the jurisdiction of the respective ICO. Therefore, NASO and JEBLCFS NSFs are strictly prohibited from exercising authority within the jurisdiction of the City. Additionally,NASO NSF may not exercise authority within the jurisdiction of JEBLCFS,nor may JEBLCFS NSF exercise authority within the jurisdiction of NASO. However, under emergent situations and by direction of the ICO or Installation Security Officer (ISO), NSFs may be deployed to respective installations to provide assistance under the TACON of the NSF Incident Commander(IC). (3) Law Enforcement aboard a Naval installation is primarily accomplished by NSF using accepted principles to enforce the Uniform Code of Military Justice (UCMJ) and State statutes or City ordinances applying the Assimilative Crimes Act, 18 U.S.C. § 13. (4) Authority to Apprehend and Detain (a) Rules For Courts-Martial (R.C.M) 302(b)(1) gives NSF the authority to apprehend individuals. (b) NSF may apprehend any person subject to the UCMJ if they have a reasonable belief the person being apprehended has engaged or is engaging in criminal activity within their respective installation or other noncontiguous sites under the jurisdiction of the respective ICO. Page 2 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY (c) NSF has limited authority to apprehend persons not subject to the UCMJ within their respective installation and other noncontiguous sites under the jurisdiction of the respective ICO. In areas under military jurisdiction or control, NSF may take persons not subject to the UCMJ into custody: 1. Who are found committing a felony or misdemeanor amounting to a breach of peace in areas under military jurisdiction or control. If counterintelligence or terrorist-related activities are suspected, the Naval Criminal Investigative Service (NCIS) shall be immediately notified prior to release. Such persons may be released to the custody of State or City authority as soon as possible. 2. Who are violating properly promulgated installation regulations. These persons may be escorted to the entrance of the installation and may be forbidden reentry by the ICO as necessary. 3. In some cases, persons not subject to the UCMJ may be cited for violations of the Assimilative Crimes Act not amounting to felonies or breaches of the peace and referred to a United States (U.S.) Magistrate. (d) Detainment of Civilians. Title 18, U.S.C. authorizes the detention of civilians for offenses committed on a military installation. Since civilians are not normally subject to the UCMJ, civilian violators may be referred to a U.S. Magistrate for judicial disposition or to the State or City authorities having jurisdiction by agreement. (e)On-duty NSF,MAs and DoN civilian police officers are considered part of the DoN NSF and are subject to the restrictions on aid to civilian law enforcement imposed by the Posse Comitatus Act, 18 U.S.C. 1385. Accordingly, any proposed aid to civilian law enforcement must be reviewed by the servicing Staff Judge Advocate(SJA). (f)NSF personnel are not authorized to perform duties as a State or City police officer, sheriff, or any other law enforcement official while performing law enforcement or physical security duties in an official Navy capacity. 1. This rule applies to NSF personnel while on or off a Navy installation. Because of potential conflicts of interest and Posse Comitatus Act issues, it is Navy policy that NSF, MAs or DoN civilian police officers will not be deputized or exercise any additional authority or jurisdiction granted by State, City, or federal government agencies to perform law enforcement duties on or off a military installation or facility while wearing the NSF duty uniform and/or badge or perform such roles in their official capacity. 2. Any existing cases of deputizing NSF uniformed law enforcement personnel by State, City and local governments that have not been approved by the Secretary of the Navy are invalid. Page 3 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY 3. Cancellation. This MOU cancels and supersedes all previously signed MOUs or agreements of any type addressing law enforcement and Special Operations Teams/SWAT coordination between the City and CNRMA concerning NASO and JEBLCFS, including the MOUs effective 2011 and 2019. 4. Applicability. This MOU applies to NASO NSF and JEBLCFS NSF, including 0083 Navy Civilian Police, 0085 Navy Security Guards, and Military Police(MAs),the VBPD, and all Navy military personnel, civilian employees, contractors, facilities, ships, aircraft, non-Navy organizations, and any other federal or non-federal entity personnel physically located on NASO and JEBLCFS. Nothing in this MOU shall supersede references (a) Navy Physical Security and Law Enforcement Program, (b) CNIC Ashore Protection Program, and(c) Mission and Functions of the NCIS. Where a conflict occurs,references(a), (b)and(c) shall control and take precedence over the terms of this MOU. 5. Coordination Requirements a. CNRMA (1) Per references (a), (b) and (c), CNRMA and the ICO retain primary responsibility for responding to all situations requiring police involvement on property located within the fence line and waterways of NASO, JEBLCFS and aligned Navy property within the City. However, the Navy, CNRMA, NASO and JEBLCFS may call upon the resources of the VBPD to respond to these properties, where the City has jurisdiction, when necessary, as determined by Navy, CNRMA, NASO ICO and JEBLCFS ICO, including in response to those situations specified in subparagraph 5.b.(3) of this MOU. (a) Such property specifically includes: NASO, including Navy property located adjacent to Oceana Boulevard, Potters Road, Harpers Road, and London Bridge Road containing the Morale Welfare and Recreation facilities and Commissary; JEBLCFS, including Navy property adjacent to Shore Drive. (b) Such property does not include the following NASO and JEBLCFS sites located outside of installation fence lines: NASO Commissary and Public/Private Venture (PPV) Navy housing within the City of Virginia Beach. (2) Per references (a), (b) and (c), CNRMA and the NASO ICO and JEBLCFS ICO will ensure all offenses committed on Navy installations by military members,with exception of those offenses discussed in subparagraph 5.b.(5) below where VBPD responds to the scene, are processed through the appropriate court or military justice system depending on the facts and circumstances of the incident. (3) Per references (a), (b), and (c), CNRMA, the NASO ICO and JEBLCFS ICO will ensure all offenses committed by civilians onboard Navy installations,except those enumerated in subparagraph 5.b.(5)below, are processed through the appropriate court system depending on the facts and circumstances of the incident. Page 4 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY (4) Per references (a), (b) and (c), CNRMA, NASO ICO and JEBLCFS ICO will ensure the CNRMA Program Manager of Public Safety or ISO notifies the City of any deviations from this general policy. (5) Per references (a), (b) and (c), CNRMA, NASO ICO and JEBLCFS ICO, and respective ISOs will ensure NASO NSF and JEBLCFS NSF exercise authority only over offenses that occur on Navy property as defined in subparagraph 5.a.(1)above. NASO NSF and JEBLCFS NSF shall comply with 18 U.S.C. § 1385,the Posse Comitatus Act, and applicable Department of Defense(DoD)and Navy regulations and instructions, including,but not limited to references(a), (b) and(c). (6) Per references(a),(b)and(c),CNRMA,NASO ISO and JEBLCFS ISO,and respective ISOs will ensure that in situations requiring law enforcement involvement located near but outside of federal property is communicated to VBPD for response. Navy personnel, including NASO NSF and JEBLCFS NSF, shall not pursue criminal suspects off-installation or exercise any other law enforcement authority off-installation unless,pursuant to reference(d), there is a direct threat to life or National Security known by the pursuing NSF, and then only to such point where VBPD can assume the pursuit; provided, however, NCIS has authority as a federal law enforcement agency to pursue off the installation. In all situations involving a criminal suspect fleeing from the federal facility to avoid capture, NASO NSF and JEBLCFS NSF personnel shall request assistance from VBPD. (7) Per references(a),(b)and(c),CNRMA,NASO ISO and JEBLCFS ISO,and respective ISOs will not prevent personnel from VBPD,upon proper identification,from entering NASO and JEBLCFS for the official purpose of enforcing or investigating the crimes listed in subparagraph 5.b.(5)below,unless Force Protection Conditions(FPCON) dictate otherwise. (8) Per references (a), (b) and (c), NASO ICO and JEBLCFS ICO, and respective ISOs will ensure that NASO NSF and JEBLCFS NSF personnel unilaterally respond to all incidents occurring on NASO and JEBLCFS property as defined in subparagraph 5.a.(1)(a) above. (9) Per references (a), (b) and (c), CNRMA, NASO ICO and/or JEBLCFS ICO, and respective ISOs will ensure that NASO NSF and JEBLCFS NSF are trained on the requirements of the Code of Virginia 19.2-81.3 that a VBPD Officer shall arrest and take into custody any person he/she has probable cause to believe is the primary physical aggressor in a suspected violation of Code of Virginia 18.2-57.2 (assault and battery of a family or household member). When VBPD Officers respond per paragraph 5.b.(3) and make an arrest pursuant to Virginia Code 19.2-81.3, military and civilian personnel, including NASO NSF and JEBLCFS NSF, may not interfere in said arrest. (10)In the event a hostage/barricaded suspect situation occurs on NASO or JEBLCFS, and the cognizant ICO determines it is necessary for the use of SWAT to resolve the situation, in coordination with NCIS, the VBPD will be contacted for assistance. Page 5 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY (11) Per references (a), (b) and (c), CNRMA, NASO ICO and JEBLCFS ICO, and respective ISOs will promptly notify the ranking representative from the responsible command on NASO and JEBLCFS if there is a need to discuss any law enforcement issues or problems that require the attention of the City. b. The City shall: (1) Acknowledge that the CNRMA Program Director for Public Safety is the official primarily responsible to the Region Commander for Antiterrorism, Physical Security and Law Enforcement on property under Navy jurisdiction in the City; however, the NASO ICO and JEBLCFS ICO and respective ISOs are ultimately responsible for the security and law enforcement on board his/her installation. (2) Retain primary responsibility for responding to all law enforcement and security situations requiring police involvement on Navy property located outside the fence line of NASO and JEBLCFS. This specifically includes,but is not limited to,NASO Commissary and PPV Navy housing within the City of Virginia Beach. (3) Respond to calls for assistance from NASO and JEBLCFS, or to 9-1-1 calls involving the following types of incidents occurring on NASO and JEBLCFS: (a) Family/domestic violence/child abuse incidents (b) Offenses involving juvenile suspects (c)Active felony warrants for all state crimes NOTE:All calls for services and/or requests for VBPD services received by the Virginia Beach 9-1-1 center for Navy property will be redirected or forwarded to the CNRMA Regional Dispatch Center (RDC). VBPD assistance/response will be requested by the RDC only if it meets one of the exceptions enumerated in this MOU. NSF personnel will also respond and/or escort VBPD vehicle patrol units to the scene of the criminal case and remain during the duration of the investigation. (4) Exercise and use best efforts,based on the judgment of the ranking VBPD supervisor, to respond to requests for support from the Navy for incidents, beyond those listed in paragraph 5.b.(3)above,involving significant risk of personal injury or death,which require law enforcement capabilities beyond that possessed by NASO NSF and JEBLCFS NSF. (5) Process the following criminal offenses occurring on NASO and JEBLCFS and property as defined in subparagraph 5.a.(1) above through the appropriate court system of the Commonwealth of Virginia: (a)Family/domestic violence/child abuse incidents(Note: The City will provide notice to NCIS special agents on child abuse cases associated with Navy installations per reference(b)). Page 6 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY (b) Offenses involving juvenile suspects. (c)Offenses where VBPD responds pursuant to subparagraph 5.b.(4)above and makes an arrest (Note: In such cases, VBPD will coordinate with NCIS if the incident falls within their investigative threshold per reference(b)). (6) Acknowledge that NASO NSF and JEBLCFS NSF shall be the primary means of enforcing laws and regulations on NASO and JEBLCFS and property as defined in subparagraph 5.a.(1) above; and unique military contingencies (e.g., initiation of FPCON DELTA in response to terrorist attacks)may preclude prompt and immediate entry on board the installation by VBPD personnel. In cases where access to the installation is denied to any member of the VBPD, the NSF within their respective installation and other noncontiguous sites under the jurisdiction of the respective ICO will respond to all emergency and non-emergency calls for service,for the duration of the heightened security, regardless of the exceptions enumerated in this MOU. (7) Coordinate with the RDC or NCIS if VBPD Officers require access to NASO and JEBLCFS. (8) Coordinate with and participate in a minimum of one annual integrated training event at both NASO and JEBLCFS. The scope of each exercise, to include necessary personnel and resources,will be established in advance by NSF and VBPD to exercise the integrated response to emergent situations listed below. (9) Promptly notify the CNRMA Security Program Director (phone number 757-322- 3064) if there is a need to discuss any issues or problems that require the attention of CNRMA and/or the Program Director for Public Safety. (10) In the event of that Post 17 Dam Neck Annex gate must be opened to facilitate city traffic, VBPD will coordinate with NASO NSF to provide necessary logistical support. VBPD will be responsible for providing, in conjunction with NSF resources, sufficient personnel and equipment to ensure civilian traffic is properly logged, monitored and escorted through Navy property. 6. Emergent Situations. Notwithstanding the routine exchange of information and coordination of law enforcement responsibilities in MOU paragraph 5, emergent situations may arise on Navy installations and property within the City requiring a specialized response from the VBPD. The following guidelines will be used under those unique circumstances. a. Hostage/Barricaded Suspect Incident/Crisis Negotiation (1) Mission. In the event a hostage/barricaded suspect situation occurs on NASO and JEBLCFS, and the ICO determines it is necessary for the use of a SWAT to resolve the situation, the VBPD SWAT unit will be contacted via the RDC or by 9-1-1 for assistance. The VBPD will provide, if available and within their jurisdiction, a VBPD SWAT to respond to the scene. Page 7 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY (2) Response. Once VBPD SWAT arrives,the SWAT Commander will report to the Navy IC for the transfer of information concerning the incident and provide advice as required. VBPD will assume control of negotiations and will keep NSF IC, through NCIS, informed of progress or information concerning the situation when possible. When possible and appropriate, negotiators from NCIS may be used or retained to allow for team cohesion and consistency. The Navy, CNRMA, ICO, ISO or public works personnel will provide plans, maps, etc., required by the VBPD SWAT Commander. (3) Command/Control. After determination by the ICO,ISO or NSF IC that VBPD SWAT resources and personnel are necessary to resolve the situation and VBPD SWAT responds in accordance with subparagraph 6.a.(2)above, OPCON of the situation and TACON of NSF will be released to the VBPD SWAT Commander. Once committed, TACON and OPCON will remain with the VBPD SWAT Commander until the situation is resolved based on a determination by the VBPD SWAT Commander. The VBPD SWAT will operate based on their established procedures, training and experience. During the incident there will be continued coordination between Navy, CNRMA, ICO, ISO,NCIS and VBPD officials to facilitate a reasonable solution to the situation. (4) Tactical Action. Any tactical action by the VBPD SWAT will be conducted in accordance with VBPD training standards. TACON of NSF will reside with the VBPD SWAT Commander and may be used according to their tactical capability. Normally,NSF should be used to secure perimeters,hallways or stairwells, etc., as advised by the NSF IC. (5) Explosives. Use of any explosive devices for breaching of doors,windows,walls,etc., when possible, will be coordinated with the Navy Explosive Ordnance Disposal (EOD), a unit under the operational control of CNRMA. (6) Termination of Mission. The VBPD SWAT Commander may terminate support of the mission at any time at his/her discretion. However, this decision will be coordinated with Navy, NCIS, ICO, and NSF IC personnel,before VBPD support is terminated. (7) Post Incident Teams. NCIS and the VBPD will coordinate regarding the composition of crime scene teams as well as the determination of primary and/or joint investigative responsibilities. (8) Debrief. Based on National Security requirements,responding VBPD Officers may be directed to meet with Navy, NCIS, ICO, ISO, and other officials prior to being released from the scene if VBPD Officers have entered National Security controlled spaces or been exposed to classified material or equipment. (9) Post VBPD Internal Investigations/Use of Force. Based on the circumstances and the level of force employed by members of the VBPD, the VBPD will have full access to all relevant investigative evidence and witness information for an internal administrative investigation. Navy representatives, through NCIS, will have full access to all relevant criminal investigative information. Page 8 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY b. Active Threat(e.g., shooting, knifing, etc.) (1) Mission. In the event of an active threat situation on NASO and JEBLCFS, including property as defined in subparagraph 5.a.(1) above, and the NSF Watch Commander determines there is a lack of sufficient NSF immediate response manpower to resolve the situation, the City Dispatch Center will be notified via the RDC of a request for assistance, and available VBPD Officers will respond. (2) Response. Subject to any jurisdictional limitations, available VBPD units will be immediately dispatched to the crime scene. These assets may include,but are not limited to,VBPD K-9 Units, Air Support and SWAT. NASO and JEBLCFS NSF will grant marked responding VBPD units' immediate access, and grant access to unmarked VBPD units upon check of identification. NSF may escort VBPD units to the crime scene, if necessary. Responding VBPD units should coordinate a specific installation gate entrance via Dispatch Centers prior to arrival, as Navy policy would be to stop all traffic from entering/exiting the Navy installation during the incident. (3) Command/Control. The NSF IC will maintain TACON of the Navy's initial response forces and is responsible for deciding if VBPD assistance is required. Once on scene and if circumstances dictate,the NSF IC may relinquish TACON of NSF to the senior responding VBPD official until the active threat is neutralized and the crime scene/area has been cleared. If TACON is transferred to VBPD, OPCON of the situation will also be transferred. The IC may shift as the IC Post expands into a unified command structure,which will include personnel from all the major responding organizations. (4) Tactical Action. As time is critical during an active threat situation,immediate tactical action by arriving VBPD units will normally be conducted in accordance with VBPD's training and response standards. (a) If arriving to the crime scene after NSF arrival, responding VBPD units will proceed directly to the location of the Navy/NSF IC for the transfer of information concerning the incident, location of armed NSF within the scene and issuance of radios to facilitate communications with NSF prior to entering the crime scene. (b) If arriving to the crime scene before NSF arrival, responding VBPD units will proceed directly to the crime scene and execute their standard response procedures. In this scenario, communications with NSF should be established as soon as possible in an effort to preclude blue-on-blue shootings. (5) Explosives. Use of any explosive devices for breaching of doors,windows,walls,etc., when possible, will be coordinated with the Navy EOD, a unit under the OPCON of CNRMA. Page 9 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY (6) Termination of Mission. The senior VBPD official may terminate support of the mission at any time at his/her discretion. However, this decision will be coordinated with Navy, NCIS, ICO, and NSF IC personnel,before VBPD support is terminated. (7) Post Incident Teams. NCIS and the VBPD will coordinate regarding the composition of crime scene teams as well as the determination of primary and/or joint investigative responsibilities. (8) Debrief. Based on National Security requirements,responding VBPD Officers may be directed to meet with Navy, NCIS, ICO, ISO, and other officials prior to being released from the scene if VBPD Officers have entered National Security controlled spaces or been exposed to classified material or equipment. (9) Post VBPD Internal Investigations/Use of Force. Based on the circumstances and the level of force employed by members of the VBPD, the VBPD will have full access to all relevant investigative evidence and witness information for an internal administrative investigation. Navy representatives, through NCIS, will have full access to all relevant criminal investigative information. c. Active Felony Tracking (1) Mission. In the event a major felony offense involving personal injury or death has been committed on NASO and JEBLCFS, and the NSF Watch Commander has determined the suspect(s) is fleeing the Navy installation, the Watch Commander may request assistance via the RDC from VBPD in locating and detaining the suspect(s). (2) Response (a) Inside the Navy Installation Fence Line: The City may dispatch VBPD units, K-9, and/or Air support to help track and detain felony suspects involving serious personal injury or death incidents. City Airborne police assets will comply with all normal air traffic control procedures when operating in the vicinity of NASO and JEBLCFS including establishment of communications with Navy Air Traffic Control Tower personnel, as appropriate. (b) Outside the Navy Installation fence line: NSF personnel will provide VBPD Officers all available information, to include suspected offense, weapons involvement, suspect(s) description, last known location, and direction of travel. Whenever possible, VBPD Officers will be allowed access to the initial crime scene if on Navy property to start VBPD air or ground search efforts. This includes granting immediate access for VBPD K-9 units. (c) In cases where a VBPD Officer(s) initiates or is involved in a tracking of felony crime suspects or a vehicle pursuit that enters NASO and JEBLCFS, VBPD marked police units will be granted immediate access. A City Supervisory Police Officer will make contact with and establish a Unified Incident Command Post with the NSF Watch Commander at the nearest open gate. The NSF and VBPD will coordinate their efforts to locate and detain the suspect(s). NCIS Page 10 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY Field Office NASO or JEBLCFS will be notified(or the NCIS duty agent after hours)of all active felony crime tracking incidents to exercise investigative jurisdiction per reference(c). (3) Command/Control (a) Navy will normally retain TACON of responding Navy forces for all felony tracking pursuits initiated within the fence line of NASO and JEBLCFS but will work directly with VBPD by establishing a Unified Incident Command Post. The NSF IC will request support from the senior VBPD official, who will maintain TACON of VBPD personnel and assets. (b) The VBPD have jurisdiction outside the Navy installation fence line. NASO NSF and JEBLCFS NSF will not pursue suspects off of Navy installations except as defined in paragraph 5.a.(6). d. Navy K-9 Support. In the interest of Public Safety, Navy Explosive Detector Dog assets, when available and subject to internal DoD and DoN approvals, may be used upon request by VBPD to search for explosives and other emergent situations. NASO and JEBLCFS will request K-9 support through NASO and JEBLCFS. Navy policy prohibits the use of Navy detector dogs to validate a suspected explosive device that has already been located. e. Misdemeanor and Felony Warrant Processing (1) When NASO NSF and JEBLCFS NSF identifies personnel with active extraditable felony/misdemeanor warrants, VBPD Officers will accept custody of the suspect from the installation NSF. If not extraditable,NASO NSF and JEBLCFS NSF will transport the suspect to the nearest open installation gate and release the suspect(s)on their own recognizance. (2) NASO NSF and JEBLCFS NSF personnel will not transport suspects or personnel with active warrants off of Navy installations to City or other state,county or municipal detention center or police departments. f. Transiting NSF within City Jurisdiction (1) NASO NSF and JEBLCFS NSF may transit while in an on-duty status within City jurisdiction to and from Navy owned property, located outside the confines of the respective installations,using marked police units in emergency or non-emergency mode. (a) Transit to and from Navy owned property shall be in the performance of official mission functions, such as routine physical security checks or response to emergency or non- emergency calls for service to Government owned facilities/buildings located therein. (2) While transiting within City jurisdiction, NSF shall not perform any law enforcement task, and will avoid and/or minimize interaction with the general public within the bounds of common courtesy. Page 11 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY (a) NSF shall not intervene against any non-life threatening crimes in progress. For non-life threatening crimes,NSF will only dial 9-1-1 and report the crime as a concerned citizen. (b) For life threatening situations, NSF will only intervene as necessary to reduce or eliminate the life-threatening situation. NSF intervention will cease upon arrival of local law enforcement. (3)NSF shall notify City officials via radio before transiting within City jurisdiction. NSF shall notify City officials of their vehicle identification,route, and destination. 7. Other Provisions a. The parties agree that nothing herein will be construed as obligating either party to violate existing laws or regulations. b. All services provided by the parties are subject to the constraints of available resources (personnel, funds and equipment). Nothing contained herein shall be construed as requiring the U.S. Navy to obligate or expend appropriated funds in violation of the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.). c. This MOU does not create, limit or modify existing legislative jurisdiction vested in the State of Virginia or the U.S. Government. Nothing contained herein creates or extends any right, privilege, or benefit to any person or entity. d. All parties shall conduct an annual review of this agreement to evaluate its effectiveness and determine the need for continuation or modification. Where there is a dispute concerning the terms of this MOU, the parties agree to meet and confer to resolve such dispute consistent with references (a), (b) and (c), applicable Navy regulations and policies, and applicable City ordinances and polices. e. No changes to this MOU shall be made without the consent of all parties. Requests for modification shall be provided in writing at least 90 days in advance of the proposed effective date of such modification unless all parties consent to a shorter time period. 8. Effective Date. This MOU will become effective upon signature of all parties and will remain in effect for 9 years unless terminated in accordance with the terms and conditions of this MOU. 9. Termination. If either party desires to terminate this MOU, notice of such intent must be in writing and must be submitted to the other party at least 60 days before the anticipated date of such termination. Effective Date: Page 12 of 13 Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY APPROVED FOR CONTENT PAUL NEUDIGATE S. V. DJUNAEDI Chief of Police Commanding Officer City of Virginia Beach Naval Air Station Oceana M. L. WITHERSPOON Commander Joint Expeditionary Base Little Creek—Fort Story APPROVED FOR LEGAL SUFFICIENCY JESSICA C. KOEPF A. Y. MARKS Associate City Attorney Staff Judge Advocate City of Virginia Beach Navy Region, Mid-Atlantic APPROVED BY PATRICK A. DUHANEY S. C. GRAY City Manager Rear Admiral, U.S. Navy City of Virginia Beach Commander Virginia Beach, Virginia Navy Region, Mid-Atlantic Norfolk, Virginia ATTEST: AMANDA BARNES City Clerk City of Virginia Beach Page 13 of 13 L`V+v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Amend the Cost Allocation Agreement Between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads MEETING DATE: April 18, 2023 ■ Background: On May 4, 1999, the City Council voted to authorize the City Manager to execute the Cost Allocation Agreement ("the CAA") between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and the Transportation District Commission of Hampton Roads. The CAA is the governing document of Hampton Roads Transit("HRT')and can only be amended by the unanimous agreement of all parties. As part of this document, operating assistance from the federal government and from the Commonwealth of Virginia can only be allocated to each city in the HRT system based upon that city's share of the service operated by HRT in a given year. On June 16, 2020, the City Council voted to grant the City's concurrence to an amendment to the CAA for FY 2020-21. While that amendment was focused on dedicated funding, one component enabled HRT to assign federal and Commonwealth dollars based upon need rather than a pre-arraigned per-city formula. This assignment is known as strategic allocation. Since the original adoption date of the amendment to the CAA on June 16, 2020, the Virginia Beach City Council voted to extend the amendment to the CAA on April 21, 2021, to cover FY 2021-22, and on April 5, 2022, to cover FY 2022-23 as the pandemic and its impacts continued. The public health emergency has particularly impacted mass transit, due to concerns about close contacts in limited spaces. In response to the economic hardship facing mass transit providers nationwide, the United States Congress set aside relief funds to support transit operations during the pandemic in multiple legislative enactments. Thus, HRT has been able to use the strategic allocation power authorized by the amendment to the CAA in applying federal relief funds to offset ridership declines and cover service costs. The amendment that was extended last year will expire at the conclusion of this fiscal year. As it is now known that impacts of the pandemic are coming to an end, there will be further economic after-effects for mass transit, and federal funds earmarked for HRT will remain available into next fiscal year. HRT has requested that the member cities adopt a new resolution to again supersede the traditional allocation formula and allow for strategic allocation in FY 2023-24. This action will provide financial safeguards, both in the consideration of HRT's FY 2023-24 Operating Budget and particularly throughout the year, should actual farebox collections come in lower than projections. Using federal relief funds to cover any difference will prevent the City from becoming the funder of last resort for any differential that may occur through a future true-up to the FY 2023-24 budget. There have been ongoing conversations about the future of strategic allocation strategies in the coming years, to be designed as multi-year strategic plans between HRT and the participating localities to allow for more stability and direction long term. • Considerations: This resolution must be agreed upon by every city in HRT's service area to become effective. If any city refuses to adopt the resolution, the CAA will remain as is. HRT has requested that all member cities adopt this resolution by May 1, 2023. Without a resolution to strategically allocate: • Federal aid covering net operating expense could not be applied dollar-for-dollar based on the individual locality's loss; • As localities are directly impacted by service reductions, a credit is calculated based on lost service. A dollar-for-dollar credit would not be possible without strategic allocation; • As payer of last resort, localities would cover potential farebox losses, creating more budgetary uncertainty; and • Due to the pandemic and loss of drivers, HRT has adopted a service reduction plan and returned money to the cities. Without the CAA, this would not have been possible. Without the use of strategic allocation over the last three fiscal years the City would have been responsible for additional true-up payments to HRT. Though the budgeted amount to HRT will increase by 5% ($412.9k) in FY 2023-24, using strategic allocation helps to ensure that there will not be a significant true-up at the end of the fiscal year. The traditional allocation model has no mechanism for service credit or to cover loss of farebox revenue. • Public Information: Normal City Council agenda process. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Planning and Community Development, Budget and Management Servi es City Manager: 1 A RESOLUTION TO AMEND THE COST ALLOCATION 2 AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE, 3 HAMPTON, NEWPORT NEWS, NORFOLK, 4 PORTSMOUTH, VIRGINIA BEACH, AND THE 5 TRANSPORTATION DISTRICT COMMISSION OF 6 HAMPTON ROADS 7 8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 12 Portsmouth and Virginia Beach (collectively, the "Participating Cites") and the 13 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost 14 Allocation Agreement, effectively dated October 1, 1999 ("Allocation Agreement"); and 15 16 WHEREAS, the Allocation Agreement, among its other provisions, defines how 17 state and federal funding received by HRT is allocated to the Participating Cities for the 18 capital and operating costs associated with acquiring, consolidating, rehabilitating, 19 operating and expanding public transportation facilities and services for the Hampton 20 Roads region; and 21 22 WHEREAS, the Allocation Agreement currently requires HRT to distribute its 23 eligible federal and state funding to each of the Participating Cities on a pro rata basis 24 based on the annual cost to provide transit services at the level requested by each 25 Participating City; and 26 27 WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities 28 through strategic allocation of its eligible state and federal funding; and 29 30 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 31 allocate its state and federal funding amongst the Participating Cities; and 32 33 WHEREAS, the Allocation Agreement may be amended, via a resolution from 34 each Participating City, to permit HRT to strategically allocate its eligible state and federal 35 funding; and 36 37 WHEREAS, the City of Virginia Beach desires to temporarily modify and amend 38 the Allocation Agreement so that HRT may help mitigate adverse financial impacts to it 39 and the other Participating Cities from the date of this Resolution until June 30, 2024; and 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA THAT: 43 44 1) Beginning July 1, 2023, and continuing until June 30, 2024 (the "Effective 45 Period"), which corresponds with HRT fiscal year 2024, HRT is authorized to strategically 46 allocate its available and eligible federal and state funding to the City of Virginia Beach. 47 48 2) During the Effective Period, the City agrees to modify the Allocation Agreement. 49 Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and replaced as 50 follows: 51 52 Article IX. Allocation of Revenues 53 [* * *] 54 D. Federal funds received to reimburse net eligible operating expenses will be 55 strategically allocated to each Participating City. Eligible federal funds, in 56 combination with eligible state funds, will be allocated on an annual basis, in such 57 combinations and amounts to be determined by the Commission. Subject to the 58 requirements of Article X, and in the event eligible federal funds are available, such 59 funds will be allocated to the Participating Cities to offset any deficiencies between 60 the estimated Local Share in each Participating City TSP and the actual Local 61 Share determined by the Commission at the end of each of the fiscal year. 62 63 E. State funds received to reimburse net eligible operating expenses will be 64 strategically allocated to each Participating City. Eligible state funds, in 65 combination with eligible federal funds, will be allocated on an annual basis, in 66 such combinations and amounts to be determined by the Commission. Subject to 67 the requirements of Article X, and in the event eligible state funds are available, 68 such funds will be allocated to the Participating Cities to offset any deficiencies 69 between the estimated Local Share in each Participating City TSP and the actual 70 Local Share determined by the Commission at the end of the fiscal year. 71 72 3) During the Effective Period, the City agrees to modify Article X, Calculation of 73 Local Share of Operating Costs, of the Cost Allocation Agreement and add section (C) 74 as follows: 75 76 Article X. Calculation of Local Share of Operating Costs 77 [* * *] 78 C. The fiscal year of the Commission shall begin on July 1 and conclude on June 79 30. In the event the actual total local share of Local Funds is less than the budgeted 80 total local share of Local Funds for a Participating City, after the Commission has 81 strategically allocated federal and state funds in FY2023 ("Surplus"), then such 82 Surplus shall be refunded in full by the Commission to that Participating City on or 83 before August 1, 2024. 84 In the event the actual total local share of Local Funds, exceeds the budgeted total 85 local share of Local Funds for a Participating City, after the Commission has 86 strategically allocated federal and state funds in FY2023 ("Deficit"), then such 87 Deficit shall be paid in full by the Participating City to the Commission on or before 88 August 1 , 2024. 89 90 4) Except for the obligation for the Commission to pay any Surplus to the City of 91 Virginia Beach or the City to pay any Deficit to the Commission for FY2024, all 92 amendments to the Allocation Agreement contemplated by this Resolution shall 93 automatically terminate on July 1, 2024, be deleted from the Allocation Agreement and of 94 no further effect without the need of further action by any party to the Allocation 95 Agreement. 96 97 5) That this Resolution shall be in effect from and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services • tt rney Office CA16134 R-2 March 24, 2023 IA r�QS<`w.,,1C[ ....,-... i445 ,rr�tc1�� Li "':ram Lw CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Establish Capital Project #100664, "5/31 Memorial," to Transfer $1.2 Million from the General Fund to Project #100664, to Authorize the City Manager to Negotiate a Design Contract with Dills Architects, P.C., and to Approve the 5/31 Memorial Location MEETING DATE: April 18, 2023 • Background: The 5/31 Memorial Committee (the "Committee") had the following tasks: o Create a vision for the memorial and set project goals and priorities; o Engage and advocate for families, survivors, community members, and other stakeholders; o Develop design criteria and recommendations for the memorial site and funding; o Select a preferred location for the memorial; o Provide project budgets, mobilize funding, and solicit design proposals; o Conduct the selection process; o Make a final recommendation to the City Council; and o Oversee the installation and dedication of the memorial. For the task of recommending a design for the 5/31 Memorial, the Committee reviewed responses to a request for proposals, and the Committee short-listed two design firms and provided a $10,000 stipend to allow the short-listed firms to provide additional design details and present their designs to the Committee. After additional public input regarding the proposed designs, the Committee unanimously voted to recommend Dills Architects, P.C., as the design firm for the 5/31 Memorial. The Committee provided its recommendation to the City Council at the April 4, 2023, Informal Session, and the City Council requested this item be brought forward for a vote. • Considerations: The attached ordinance accomplishes four things. First, it establishes a capital project in the City's Capital Improvement Program. Second, it transfers funding from vacancy savings to support the anticipated cost of the design contract. Third, it authorizes the City Manager to negotiate a design contract with Dills Architects, P.C., and finalize the award of the design contract. Last, the ordinance approves the location of the 5/31 Memorial site at the corner of Princess Anne Road and Nimmo Parkway. As the proposed methodology is design-bid-build, the design work will conclude prior to the City obtaining final costing information for the construction of the 5/31 Memorial. The funding of that construction could include a combination of private fundraising and public dollars. • Public Information: Normal City Council agenda process. As noted above, the work of the Committee involved substantial public input. The design recommendation was presented to the City Council on April 4, 2023 at the Informal Session. • Attachments: Ordinance; Capital Project #100664 Project Page; Disclosure Form Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100664, "5/31 MEMORIAL," TO TRANSFER $1.2 MILLION 3 FROM THE GENERAL FUND TO PROJECT #100664, TO 4 AUTHORIZE THE CITY MANAGER TO NEGOTIATE A 5 DESIGN CONTRACT WITH DILLS ARCHITECTS, AND TO 6 APPROVE THE 5/31 MEMORIAL LOCATION 7 8 WHEREAS, the 5/31 Memorial Committee (the "Committee") has dutifully 9 accepted input from stakeholders over the previous thirteen months; 10 11 WHEREAS, after review of the responses to a request for proposals, the 12 Committee short-listed two design firms and provided a $10,000 stipend to allow the 13 short-listed firms to provide additional design details and present their designs to the 14 Committee; 15 16 WHEREAS, after additional public input regarding the proposed designs, the 17 Committee unanimously voted to recommend Dills Architects, P.C., as the design firm for 18 the 5/31 Memorial; 19 20 WHEREAS, the Committee provided its recommendation to the City Council at the 21 April 4, 2023, Informal Session; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA, THAT, 25 26 1. Capital Project #100664, "5/31 Memorial," is hereby established in the Capital 27 Improvement Program. 28 2. $1.2 million is hereby transferred from General Fund vacancy savings to Project 29 #100664. 30 3. The City Manager is authorized and directed to negotiate a design contract with 31 Dills Architects, P.C., and finalize the award of such contract. 32 4. The City Council hereby approves the location of the 5/31 Memorial site at the 33 corner of Princess Anne Road and Nimmo Parkway. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY g.- /C/k1/1A bfitAl‘k 1 Department of Cultural Affairs orney's Office CA16144 R-1 April 4, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG !Title:Virginia Beach 5-31 Memorial Status:Proposed Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type:New Facility District:District 2 Programmed Funding Programmed Appropriated Funding FY24 FY25 FY26 FY27 FY28 FY29 Description and Scope This project provides for the planning,design,and construction of a permanent memorial to commemorate and remember the tragic events of May 31,2019 to be located on City property at Princess Anne Road and Nimmo Parkway adjacent to the ECCS building at the Municipal Complex.The project will require site development to include site preparation and storm water management features in addition to the memorial elements similar to the Dills Architects/SWA concept plan which was approved by the City Council appointed 5/31 Memorial Committee. The memorial will include scalable features such as landscaping/gardens,concrete or stone walls,water features,accent lighting,seating and other enhancements that support the development of a memorial setting.This project may include a smaller memorial marker and/or small plaza with landscaping near Building 2 if additional funding for design and construction were to be allocated. Purpose and Need The memorial will create a poignant and inspirational year-round,park-like setting that functions as a place for reflection for those directly impacted by the May 31,2019 mass casualty event,family members,City of Virginia Beach employees,other public safety professionals,and the general public. In addition to providing opportunities for reflection and rememberance,the memorial will provide an appropriate area to memorialize the victims. History and Current Status This project first appeared in the FY 2023-28 CIP.On May 31,2019,a mass casualty event took place in and around the City of Virginia Beach Municipal Center,Operations Building(B- 2).A City Council appointed Memorial Committee was established in the fall of 2021 to guide the vision and strategy of the development of a memorial,to be open and adaptive to the many and varied stakeholders,to set project priorities and goals,to build public will,to advocate for families and the community,to mobilize funding,and to ultimately oversee the planning,design,and construction of the memorial. Operating Budget Impact Comments Operating budget impacts are anticipated to affect Public Works Building Maintenance and Parks and Recreation Landscape Services to meet the operations,recurring mainteance, and repair needs of the memorial and grounds. FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/23-12/24 1,200,000 Construction 01/25-05/26 5,800,000 Contingency 01/25-05/26 500,000 7,500,000 Estimate: Amount 7,500,000 Means of Financing Funding Subclass Local Total Funding: 7,500,000 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: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) a a Legal Services Architect: Burton Station Fire&EMS Station Broker/Contractor/Engineer/Other Architect/Contract Holder:City of Virginia Beach Service Providers Annual Services for Economic Development Planning and Urban Design Services (ED-23-2000) CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. (1/V--- • Clay Dills, President 4/10/23 APPLICANT S SIGNATURE PRINT NAME DATE jj 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funding from the Virginia Department of Transportation and to Transfer Funds to Capital Project #100401, "Street Reconstruction II" MEETING DATE: April 18, 2023 • Background: The City of Virginia Beach receives funding from the Virginia Department of Transportation (VDOT) annually for the maintenance of roads based on a distribution formula. Due to VDOT's release of fuel reserves included in the FY 2022-23 State Budget, the City will receive an increase in maintenance payments for FY 2022-23. This is an increase per lane mile of $4,000.01 for Principal and Minor Arterial Roads and $2,348.54 for Collector and Local Streets. The increase is a one-time occurrence and totals $4,660,479. The City was notified of this change on March 22, 2023. • Considerations: The additional $4,660,479 can only be used for work eligible for VDOT urban maintenance payments. If approved, these additional funds will be appropriated in the FY 2022-23 Operating Budget of the Department of Public Works and transferred as pay-go to Capital Project #100401, "Street Reconstruction II." This project provides annual funding for the replacement of existing pavement structures for roadways that have reached the end of their service life based on condition assessments. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: ,/j ,� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDING FROM THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION AND TO 4 TRANSFER FUNDS TO CAPITAL PROJECT 5 #100401, "STREET RECONSTRUCTION II" 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $4,660,479 in estimated state revenue from the Virginia Department of 11 Transportation is hereby accepted and appropriated to the FY 2022-23 12 Operating Budget of the Department of Public Works, and 13 14 2) $4,660,479 is hereby transferred from the Operating Budget to the FY 2022-23 15 Capital Improvement Program as pay-as-you-go funding for Capital Project 16 #100401, "Street Reconstruction II." Requires an affirmative vote by a majority of all of members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lkliniorgrahrt Budget and Management Services tt rney s Office CA16143 R-1 April 5, 2023 r �u ft"�` �yi sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Reimbursement to the City Garage Internal Service Fund, to Appropriate Fund Balance of the City Garage Internal Service Fund, and to Transfer Funds Within the City Garage Internal Service Fund MEETING DATE: April 18, 2023 • Background: The City maintains several Internal Service Funds (ISF) which function in a manner similar to a small business. Goods or services are provided to departments, and the ISF bills the departments for costs and overhead. Due to the current inflation and administrative fees from the parts provider, the City Garage ISF requires additional appropriations and a transfer for the current fiscal year. On May 1, 2022, the City entered into an agreement with Mancon, LLC to provide onsite automotive parts operations for Public Works/Fleet Management. As part of this agreement, Mancon purchased the City's existing parts inventory at the time of the agreement at prices mutually agreed upon and reimbursed the City within FY 2022-23. The reimbursement is in the amount of $784,142. The City Garage needs an appropriation of this reimbursement to cover the cost of service in the ISF. In addition, pursuant to the agreement, the City is to pay an annual administrative fee to Mancon. Due to the timing of the contract negotiations and the adoption of the FY 2022- 23 budget, the administrative fee was not fully included in the adopted FY 2022-23 budget. Finally, due to current inflation, the City Garage has seen an increase in the cost for parts. As a result, the ISF requires additional funding for the current fiscal year in the amount of $2 million. To meet this requirement, the attached ordinance provides a combination of appropriating fund balance in the ISF and transferring existing appropriations. A similar request was on the City Council agenda on March 21st, which was deferred indefinitely. • Considerations: The proposed City Garage ISF FY 2023-24 budget addresses the issues discussed above. This ordinance is necessary to maintain service levels in the current fiscal year. Any unspent funds at the close of the fiscal year will lapse to the fund balance of the City Garage ISF. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: PV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 REIMBURSEMENT TO THE CITY GARAGE INTERNAL 3 SERVICE FUND, TO APPROPRIATE FUND BALANCE 4 OF THE CITY GARAGE INTERNAL SERVICE FUND, 5 AND TO TRANSFER FUNDS WITHIN THE CITY 6 GARAGE INTERNAL SERVICE FUND 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1) $784,142 is hereby accepted from Mancon, LLC, and appropriated resulting in 12 an increase of $784,142 to the FY 2022-23 Operating Budget of the City 13 Garage Internal Service Fund. 14 15 2) $1,000,000 is hereby appropriated from the unrestricted fund balance of the 16 City Garage Internal Service Funds to the FY 2022-23 Operating Budget of the 17 City Garage Internal Service Fund. 18 19 3) $1,000,000 is hereby transferred from capital outlay accounts to the operating 20 accounts of the FY 2022-23 Operating Budget of the City Garage Internal 21 Service Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. 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: Budget Management Services City ttorney's Office CA16119 R-3 April 5, 2023 L. PLANNING 1. DAVID C. & MERIL B. GERSTENMAIER for a Street Closure re fifteen (15)-foot portion of an unimproved, unnamed alley adjacent to 650 South Atlantic Avenue & Lot 22, Block 20, Croatan Beach DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 2. BORN PRIMITIVE,LLC/MODERN SAVAGE INVESTMENTS,LLC for a Modification of Proffers to a Conditional Change of Zoning re office warehouse at Southeastern corner of the intersection of Virginia Beach & North Oceana Boulevards DISTRICT 6 (formerly District 6— Beach) Approved February 24, 2004 RECOMMENDATION: APPROVAL 3. B AND B ASSOCIATES OF VIRGINIA, INC / INDIAN RIVER APARTMENTS, LLC for a Change in Nonconformity re expansion of apartment complex at 1008 Mineola Drive DISTRICT 1 (formerly District 2—Kempsville) RECOMMENDATION: APPROVAL 4. JOE WHITE /PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re allow for wall signage larger than what is permitted by the Central Business Core (CBC) Form Based Code at 4564 Virginia Beach Boulevard DISTRICT 9 (formerly District 4—Bayside) RECOMMENDATION: APPROVAL 5. OCEAN CHILLIN, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 300 DISTRICT 5 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. MICHAEL BIONDOLILLO/HELEN A.LEWIS for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 2C DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. CAYMUS PROPERTIES, INC for Conditional Use Permits re short term rentals at 509 & 511 19t Street DISTRICT 6 (formerly District 6—Beach) RECOMMENDATION: APPROVAL ZSPr iLOS'`'..rw_,.ter t? V ":J NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 18,2023 at 6:00 p.m.in the Council Chamber at City Hall,2nd 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 livestreamingon 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: httos://vbgov.webex.com/weblinkiregister/r3686b5cf51a0e 429d1de6263f5605d37 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 18,2023. The following requests are scheduled to be heard: David C.&Meril B.Gerstenmaier(Applicant)Street Closure Adjacent Addresses:650 S.Atlantic Avenue&Lot 22,Block 20,Croatan Beach Adjacent GPIN(s):2426398037,2426399120 City Council:District 5 Born Primitive, LLC (Applicant) Modern Savage Investments, LLC (Property Owner) Modification of Proffers Address: Southeastern corner of the intersection of Virginia Beach Boulevard&North Oceana Boulevard GPIN(s): 2417057714, 2417150755, 2417059705. 2417152724,2417154801 City Council:District 6 B and B Associates of Virginia, Inc (Applicant) Indian River Apartments, LLC (Property Owner) Change in Nonconformity (Expansion of Apartment Complex) Address: 1008 Mineola Drive GPIN(s):1446959553 City Council:District 1 Joe White (Applicant) Pembroke Square Associates, LLC(Property Owner) Alternative Compliance Addresses: 4564 Virginia Beach Boulevard GPIN(s):1477554898 City Council:District 9 Ocean Chillin, LLC (Applicant & Property Owner) Conditional Use Permit(Short Term Rental)Address:303 Atlantic Avenue.Unit 300 GPIN(s):24273224031510 City Council:District 5 Michael Biondolillo (Applicant) Helen A. Lewis (Property Owner) Conditional Use Permit(Short Term Rental)Address:2113 Atlantic Avenue,Unit 2C GPIN(s):24271868788240 City Council:District 6 Caymus Properties,Inc(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Addresses:509 19th Street&511 19th Street GPIN(s):2427070524,2417979583 City Council:District 6 Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St.Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc.For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired.you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city-Clerk/city-Council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-APRIL 2,2023&APRIL 9,2023-1 TIME EACH R101 1 RI R1-0 o R10 -R-1-0" V Site w�� t: Property Polygons David C. & Meril B. Gerstenmaier `�J Zoning 650 S. Atlantic Avenue & Lot 22, Block 20, Croatan Beach Building Feet 0 510 20 30 40 50 60 ^rza °A �VY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of David C. and Meril B. Gerstenmaier for the Closure of a 15-foot Portion of an Unimproved, Unnamed Alley Adjacent to 650 S. Atlantic Avenue & Lot 22 in Block 20 of Croatan Beach MEETING DATE: April 18, 2023 • Background: David C. and Meril B. Gerstenmaier (the "Applicants") requested the closure of approximately 750 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to 650 S. Atlantic Ave and Lot 22 in Block 20 of Croatan Beach, for the purpose of incorporating the closed area into their adjoining property. Between 1996 and 2007, City Council approved the closure of all other portions of the alley in this block on S. Atlantic Ave. This section of the alley is the only remaining portion that remains unclosed. • Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan neighborhood and along S. Atlantic Ave. The Viewers meeting determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. • Recommendation: On March 8, 2023, the Planning Commission passed a motion, by a recorded vote of 7-0, recommending approval of this request to the City Council, with the following conditions except condition 1 has been modified to include the specific purchase price. 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 shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Department of Planning and Community Development. It has been determined that the purchase price to be paid to the City shall be $6,000, which is consistent with similar street closures in this area. David C and Meril B Gerstenmaier Page 2 of 2 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicants or the Applicants' successors or assigns shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-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 Right-of-Way this approval shall be considered null and void. • Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:0') 1 ORDINANCE APPROVING THE APPLICATION OF 2 DAVID C. AND MERIL B. GERSTENMAIER FOR 3 THE CLOSURE OF A 15-FOOT PORTION OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT TO 5 650 S. ATLANTIC AVENUE & LOT 22 IN BLOCK 6 20 OF CROATAN BEACH 7 8 WHEREAS, David C. and Meril B. Gerstenmaier (the "Applicants") applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 10 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved, unnamed right-of-way (the 22 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 23 met on or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (750 SQ. FT. / 0.017 ACRES)", and shown as the cross- 29 hatched area on that certain street closure exhibit entitled: 30 "STREET CLOSURE EXHIBIT PORTION OF 15' ALLEY (A 31 PUBLIC R/W) TO BE CLOSED ADJACENT TO LOTS 10 32 AND 22, BLOCK 20 CROATAN BEACH (M.B. 24, P. 37) 33 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', dated 34 December 28, 2022 and revised through February 8, 2023, 35 prepared by Rouse-Sirine Associates, LTD., a copy of which 36 is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1 . The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 47 No GPIN assigned (City Right-of-Way) 48 Adjacent GPINs: 2426-39-8037 & 2426-39-9120 49 Pursuant to Street Closures", approved by City Council. It has been determined that the 50 purchase price to be paid to the City shall be $6,000, which is consistent with similar 51 street closures in this area. 52 53 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide 54 the properties and vacate internal lot lines to incorporate the closed area into the 55 adjoining parcels. The resubdivision plat must be submitted and approved for 56 recordation prior to the final street closure approval 57 58 3. The Applicants shall verify that no private utilities exist within the Right-of- 59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 60 company must be provided. 61 62 4. Closure of the Right-of-Way shall be contingent upon compliance with the 63 above-stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not accomplished and the final plat is not approved for recordation 65 within one (1) year of City Council approval, said approval shall be considered null and 66 void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before April 17, 2024, this 71 Ordinance will be deemed null and void without further action by the City Council. 72 73 2. If all conditions are met on or before April 17, 2024, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and DAVID C. GERSTENMAIER and MERIL B. 86 GERSTENMAIER (collectively, as "Grantee"). 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 89 of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Planning Department City t rney EZOZ 'S I!adV oop 09ZSL800\Sb0d\8ZOP\soopdnn\ZEwoolCo\nneikio\suoReoildde\Lsdp\woo no6gA\\ Z£85 I.d3 Exhibit A ATLANTIC OCEAN NOTES SANDY BEACH 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF OCEAN BOULEVARD(M.B. 1, P. 1B, M.B. 8, P. 24) PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT UNNAMED STREET(M.B.24, P. 37) OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. _PIN(S),,..... SO4°14'15"E 50.00' PIN(S) Pei 7°I 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 3 PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED) (AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN),AND ZONE VE(COASTAL FLOOD b ZONE WITH VELOCITY HAZARD-WAVE ACTION)(BASE 0 FLOOD ELEVATION=9.0, NAVD'88)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF N VIRGINIA BEACH,VIRGINIA, MAP NUMBER 5155310129G, DATED JANUARY 16,2015.FLOOD ZONE LINES ARE 37 0 APPROXIMATE AND SCALED FROM FLOOD MAP 0 0 0 00 0 0 (MERIDIAN SOURCE M.B 24 BLOCK 20� LOT 22 N , ) GPIN: 2426-39-9120 ZONE VE `S (ELEV=9') — LEGEND ZONE X • PIN(F) PIN FOUND (UNSHADED) 0 PIN(S) PIN SET N 0 0 STAKE(S) STAKE SET (NJ -0- UP UTILITY POLE cri ylt---*—iE FENCE (NIO PIN(F) SO4°14'15"E 50.00' i STAKE(S) /— OVERHEAD WIRES r m �oX JS'ALLEY o AREA OF PROPOSED } tj)�((M.B.24,P.37) �� STREET CLOSURE u)w PIN(F).)�N04°14'15"W 50.001r1,N (750 SQ. FT. /0.017 ACRES) 2 9 J 1 0 1 r STAKE(S) � � � inwZ �o .}I\LTH O� '~ � wu- mrn W HU -\-- fit a. � 4 O zO< a �� O 02-08-2023 �C.� � Z a P O � °yin o M m O 12-28-2022 ,-- !jr , m Q a o p v m Z w N. w w v U JEFFREY D. WILLIAMS Y � Oz °- � rC �pQw � u_ O 0 a M - ina Lic. No. 204,5 _ 0 Efl y b. WI LL1A "" �, (n � � Na �z � E Q > O � NOOE- N O4i- ad mU o cri o � z � z0 • 9�0 SURv�� U : 0 Am WQ o 00 � ��U w UJ > 0 e, o LOT 10 m 0 STREET CLOSURE EXHIBIT Z Ls--) GPIN: 2426-39-8037 w < PORTION OF 15' ALLEY (A PUBLIC R/W) Z Ir N TO BE CLOSED ADJACENT TO LOTS 10 AND 22, BLOCK 20 100' PIN(S)O N04°14'15"W 50,00' W PIN(F) CROATAN BEACH SOUTH ATLANTIC AVENUE (M B.24,P.37) VIRGINIA BEACH, VIRGINIA (50'PUBLIC RIGHT-OF-WAY) SCALE: 1"=30' DECEMBER 28, 2022 (FORMERLY CHAUTAUQUA AVE.) FEBRUARY 8, 2023 (M.B. 24, P. 37) ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"B-D" www.rouse-s i ri ne.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 0 15 30 60 90 FEET FAX:(757)499-9136 TEL.(757)903-4695 I 11 I GRAPHIC SCALE J.O. #13800-22-058 ACAD.13800-22-058 CROATAN BEACH BLK 20 LOTS 10& 22, STREET CLOSURE.dwg F.B.890,P.22 Applicants & Property Owners David C. & Meril B. Gerstenmaier Agenda Item Planning Commission Public Hearing March 8, 2023 City Council District 5,formerly Beach 6 AB,•„.„ Virginia Beach Request Street Closure Staff Recommendation 45 - ,0° 4.� Approval sP m P /r i Staff Planner ��4� owe Michaela McKinney ,,ry 4 4 4. ,C,' I. Location �S C C r4N Ro 1 15-foot portion of an unimproved alley adjacent to 650 S. Atlantic Ave& Lot 22 in Block 20 of aos""0 \ • fm Croatan Beach \ s. ` Adjacent GPINS Go PS 2426398037 & 2426399120 GaoPSPN"'°.. `m Site Size T. 750 square feet 'm AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Atlantic Ocean lir9'""^.v"'". ,' Existing Land Use and Zoning District . ` ,' I Single-family dwelling/ R-10 Residential ;'. .i. ' 0. t - .„1:-..:71T1t::4*."1--,1 Surrounding Land Uses and Zoning Districts North Single-family dwelling/ R-10 Residential v ' South a ': Single-family dwelling/R-10 Residential �" A -r. 3.s ! 3 1''. . ¢ East , Vacant/R-10 Residential ) OP •• ;; --:_ Westt South Atlantic Avenue I �_ David C. & Meril B. Gerstenmaier Agenda Item 6 Page 1 Background & Summary of Proposal • The applicants are requesting to close a portion of a public right-of-way of an unnamed and unimproved alley that is between 650 South Atlantic Ave and Lot 22 in Block 20 of Croatan Beach. As shown on the submitted street closure exhibit,the proposal includes closure of the 15-foot-wide alley,totaling 750 square feet, and incorporating that land into their adjacent residential lots, identified as Lot 10& 22 of Croatan Beach. This paper alley bisects two parcels, Lot 10& 22. Lot 22 has frontage on the beach and Lot 10 has frontage on South Atlantic Avenue. • Between 1996 and 2007, City Council approved the closure of all other portions of the alley in this block of South Atlantic Avenue. This section of alley is the only remaining unclosed portion in this block of South Atlantic Avenue. 2 Zoning History } # Request 1 STC Approved 02/26/2002 2 STC Approved 07/11/2000 3 STC Approved 07/10/1996 10 R10 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 As required by City Code,a Viewers' Meeting was held on January 25, 2023,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the Office of the City Attorney, to consider this request. The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable.The site is consistent with the other residential lots in the Croatan Neighborhood, consisting of single-family dwellings with backyard access to Croatan Beach. Many similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. As shown on the Zoning History map above,street closure requests for all adjacent properties to the north and south in this block have been approved. Consistent with the approvals in this block, neither a public drainage easement nor a public utilities easement is required for this closed portion of the alley. Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. David C. & Meril B. Gerstenmaier Agenda Item 6 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Department of Planning and Community Development. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed area into the adjoining parcels.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. 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 right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There do not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • 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 March 2, 2023. David C. & Meril B. Gerstenmaier Agenda Item 6 Page 3 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 2, 2023 and April 9,2023. • 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 April 3, 2023. • 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 April 14, 2023. David C. &Meril B. Gerstenmaier Agenda Item 6 Page 4 Proposed Street Closure Exhibit ATLANTIC OCEAN NOTES' SANDY BEACH 1 THIS EXHIBIT IS INTENDED TO SI IOW THE AREA OF OCEAN BOULEVARD(M.B.1,P.1B,M.B.8,P.24) PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT UNNAMED STREET(M.B.24,P.37) OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT PIN(S)o- INS) SO4"14'15"E 50.00'� PINS) INTENDED FOR ANY OTHER THAN GENERAL REFERENCE ICI 101 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 3. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED) (AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN),AND ZONE VE(COASTAL FLOOD o ZONE WITH VELOCITY HAZARD-WAVE ACTION)(BASE tri FLOOD ELEVATION=9 0,NAVD'88)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF N VIRGINIA BEACH,VIRG(MERIDIANINIA,MAP NUMBER 515531024,P.129E37) DATED JANUARY 16,2015.FLOOD ZONE LINES ARE b APPROXIMATE AND SCALED FROM FLOOD MAP 0 o 0 o 0 ci o SOURCE M.B. a LOT 22 _ BLOCK 20 GPIN:2426-39-9120 cv ZONE VE (ELEV=9') — LEGEND ZONE X a PIN(F) PIN FOUND (UNSHADED) 0 PIN(S) PIN SET N o 0 STAKE(S) STAKE SET N -0- UP UTILITY POLE c° x x X FENCE N V PIN(F)j SO4`14'15"E 50.00' /— OVERHEAD WIRES (NI Q r STAKE(S) -m oX 15'ALLEY o��AREA OF PROPOSED K��((MB.24,P.37) o STREET CLOSURE v)w PIN(F)or, N04°14'15"W 50.00'tri� (750 SQ.FT./0.017 ACRES) O J=6 I STAKE(S) in'T I,• V W Q 0,o �s,1\j,T H OJ., �• ccu-m Li., x L R ''coWo in v OU I;), t `� �'v o z Q 0- i`'r, in -' 02-08-2023 �G) a �Z�oo�; Lb v MOD 12-28-2022 Z m oi Q a o o CC m• z CO a a I 0 uo JEFFREY D. WILLIAMS C7 a �Q� L_ ZO 0 a M 0 Q m cL VC. No. 1() = ° c k._u Z- E t-\ b ILL/A Q n >O 1 Cl--tr) , ON00f=oi " 9�' 40a� mU o `o 62 ZOz02 D SUR`) ' Am WQ o 0(A72U w n f7 >L a LOT 10 m o STREET CLOSURE EXHIBIT GPIN.2426 39 8037 ,0)Q PORTION OF 15'ALLEY (A PUBLIC R/W) Z w N TO BE CLOSED ADJACENT TO Z LOTS 10 AND 22, BLOCK 20 100' PINS) N04°14'15"W 50.00' PIN(F) CROATAN BEACH 37) SOUTH ATLANTIC AVENUE (M.B BEAA,P VIRGINIA , CH,VIRGINIA (50'PUBLIC RIGHT-OF-WAY) SCALE: 1"=30' DECEMBER 28,2022 (FORMERLY CHAUTAUQUA AVE.) FEBRUARY 8 2023 (M.B.24,P.37) ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"B-D" www.muse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 0 15 30 60 90 FEET FAX:(757)499-9136 TEL.(757)903-4695 I Ir I I I GRAPHIC SCALE J.O.#13800-22-058 ACAD:13800-22-058 CROATAN BEACH BLK 20 LOTS 10&22,STREET CLOSURE.dwg F B.890,P 22 David C. & Meril B. Gerstenmaier Agenda Item 6 Page 5 Site Photos Now AL r 171 DavidC. & Meri| B. Gentenmaier Agenda Item 6 Page Disclosure Statement Disclosure Statement ray of Y ei,-x earl: 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 David C.&Meril B.Gerstenmaier Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes MI No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity=relationship with the applicant. (Attach a list if necessary) •"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 1 I David C. & Meril B. Gerstenmaier Agenda Item 6 Page 7 Disclosure Statement Disclosure Statement (Vg of Virginia Rath Planning&Commun. \Developinforp„t -11011 . 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 i. Dues 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 • V yes,identify the financial institutions providing the service Bank of America/MERS 2. Does the applicant have.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 propery ❑Yes ®No • If yes,identify the firm and individual providing the service 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers Revised 11.09.2020 2 I David C. & Meril B. Gerstenmaier Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement '‘,13 Co!,nJ tiryimn[tu-h 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 la 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. Jeffrey Williams, Rouse—Sirine Associates, Ltd. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?g7 Yes ❑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. Applicant Signature Print Name and Title David C. Gerstenmaier Meril B. Gerstenmaier Dat•e January 3, 2022 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 03/28/2023 Signature %/y- !i`4 Print Name Michaels D. McKinney Revised 11.09 2020 3 David C. & Meril B. Gerstenmaier Agenda Item 6 Page 9 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. David C. & Meril B. Gerstenmaier Agenda Item 6 Page 10 Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Item # 6 David C. & Meril B. Gerstenmaier (Applicant) Street Closure Address: 650 S. Atlantic Avenue & Lot 22, block 20, Croatan Beach RECOMMENDED FOR APPROVAL — CONSENT Mr. Horsley: Thank you. The next item is item number six, David & Merrill Gerstenmaier probably butchered that, but anyway, Mr. Bourdon. Mr. Bourdon: Again, Mr. Chairman, members of the Commission, Eddie Bourdon Virginia Beach Attorney representing the Gerstenmaiers, this is typical Street Closure, alley closure in Croatan. The four conditions as recommended by staff are acceptable to the Gerstenmaiers and appreciate being on the consent agenda. Thank you. Mr. Horsley: Thank you Mr. Bourdon. Mr. Alcaraz is gonna read that one. Mr. Alcaraz: Sorry, this is for the Gerstenmaier who is asking for a Street Closure for 15-foot portion of an unimproved alley adjacent to 650 South Atlantic Avenue at Lot 22 and Block 20 of Croatan Beach and we put this on the consent agenda, thank you. Mr. Horsley: Thank you Mr. Chairman. Mr. Horsley: Thank you. That now concludes the consent agenda. Mr. Alcaraz: Yeah, read the numbers that are in consent please. Mr. Horsley: All right. The item numbers on consent, item number one, number three, number four, number five, number six, number seven, number eight, number nine, number 10, number 11, number 12, 13, 14, 15, 16, and 17. Mr. Alcaraz: All right, thank you. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Horsley: So moved. Mr. Plumlee: Second and I do have four items to abstain from. Mr. Alcaraz: We have a second by Mr. Plumlee. Okay and then any abstentions, and that would be Mr. Plumlee. Go ahead. Mr. Plumlee: I abstain from items 4, 11, 14, and 15. I don't know if that means you need a second on those, separate from mine, okay, good. All right, thank you. Mr. Alcaraz: All right, so we have a second. Madam Clerk: Thank you. The vote is open. Mr. Alcaraz: Oh sorry, hold. Mr. Clemons voting screen is not working. Can you take his verbal? Madam Clerk: Oh, Mr. Clemons, I'm sorry. Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. And to clarify, Mr. Plumlee, you're abstaining from four items 4, 11, 14, and 15? Mr. Plumlee: Correct. Madam Clerk: Okay. Mr. Alcaraz: That's correct. Madam Clerk: By vote of seven to zero agenda items one, three, five, six, seven, eight, nine, 10, 12, 13, 16, and 17 have been recommended for approval by consent by a vote of six in favor, zero against with an abstention by Commissioner Plumlee, agenda items 4, 11, 14 and 15 have been recommended for approval by consent. AYE 7 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Clemons AYE Coston AYE Cuellar AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Department of Planning and Community Development. 2. The applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. 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 right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. - 55 - Item V-L.8. PLANNING ITEM#52277 Attorney Morris Fine, 2101 Parks Avenue, agreed to additional landscaping Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon Application of JOHN S. WALLER, F.L.P for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF JOHN S. WALLER, F.L.P. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 OFFICE DISTRICT AND R-5D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL I-1 Z02041180 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of John S. Waller, F.L.P. for a Change of Zoning District Classification from 0-2 Office District and R-5D Residential Duplex District to Conditional 1-1 Light Industrial District on property located on the southeast corner of Oceana Boulevard and Virginia Beach Boulevard. The Comprehensive Plan identifies this site as being within the Primary Residential Area. (GPINS 2417154801; -2724; -0748; 2417059729; -7687; -7759; -6848). DISTRICT 6-BEACH The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 24, 2004 rn 1_, 1 1 II ___/ R5D�RSD - — __- o r o � R5D R M2A-2 Th, 2 D_ 5D , 0, , 0, —R5 - R5D A 1 - R5D R5D R5D R5D Lic.71 R5D R5D ►��R Dn ' Al2 : B2 B2.._.,._. I Lt...1 �o, " A 12 B2 i J 12 1 CU J > B2 B2 ED c , c' '7/ 1�1 o II rl lo I 1172 LI co I) t ,, Fr , I. =I /(61 r) R5 i� R5D as-11 I ,c , 7/ - v i a 1 F R5D 9 ,,� Hiteshew Place RA5D RSD-- --� Hite -P1a�ce_ , �� U --- __----- >, t 1-, ) u) c' ' , 1-1 L---u--' Ooti , __i R5D R ____JI (--_-: R5D RSD� 5D i ----- 1 ii i I 'El Lt, -"'-u-r .4,' ---,-- — - 1 1 - oci, , oi -n, I ' f=1, , k in i [ 1 1 ) — C N r A Site w-,Mt. '' iProperty Polygons .�J1. Born Primitive, LLC s Zoning Southeastern corner of the intersection ofVirginia Beach Boulevard Building - _ Nosh _ceana �ouleva J - _ _ Feet 0 30 60 120 180 240 300 360 ........., r NU 6c.1 ,,, U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BORN PRIMITIVE, LLC [Applicant] MODERN SAVAGE INVESTMENTS, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at the southeastern corner of the intersection of Virginia Beach Boulevard & North Oceana Boulevard (GPINs 2417057714, 2417150755, 2417059705, 2417152724, 2417154801). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: April 18, 2023 • Background: Request by the applicant to modify the proffers associated with the 2004 Conditional Rezoning of the property from 0-2 Office District and R-5D Residential Duplex District to Conditional I-1 Light Industrial District in order to develop the site with an office warehouse. The current applicant is requesting to modify the original proffers to revise the conceptual site layout, conceptual landscape plan, and the building elevations to suit their business needs. More specifically, the applicant seeks to develop a single 34,313 square foot warehouse facility with a 7,004 square foot ancillary office as opposed to the two buildings with 32 office warehouse units as shown on the 2004 proffered plan. The height of the new building is proposed to increase from 19 feet to 26 feet. The proposed building materials include red, white, and blue metal panels for the office portion of the structure while the remaining sides will be clad with gray metal panels. The north elevation, fronting Virginia Beach Boulevard, will include a gray stone veneer along the base of the structure. The landscaping plan shows the required building foundation, interior parking lot coverage, and street frontage plantings. A 25-foot-wide Category II landscape buffer is proposed in combination with an 8-foot-tall vinyl privacy fence to screen the site from the residentially zoned properties to the south and east. Parking will be provided onsite to accommodate up to 85 employees at full capacity. • Considerations: The proposed office warehouse is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and is compatible with the Navy flight operations. The property is located within the greater than 75 dB DNL noise zone and APZ-1, which prohibits the development of incompatible uses, including residential uses. In Staffs opinion and the Planning Commission concurred, this is a low intensity use that will have minimal impacts on the surrounding community. Born Primitive, LLC Page 2 of 3 The use will have minimal customer traffic, generally operates with little to no noise, and typically operates between the hours of 9:00 a.m. and 6:00 p.m. To ensure the use on this site remains compatible with Navy flight operations, Proffer 4 has been offered by the applicant to limit the use of the property to an office warehouse operation only. The Special Area Development Guidelines for the Suburban Area calls for building materials and colors that reflect and complement the character of the surrounding area, with colors that accent rather than define the building. While the exterior of the office space will include the branded colors of the company, it is a relatively small portion of the structure the majority of which does not abut the residential parcels. The accent colors may not be in full keeping with the guidelines for this area, Staff is amendable to the proposed design, as the majority of the building will be neutral in color and more in character with the surrounding properties. The Special Area Design Guidelines also calls for the building to be oriented to the street for pedestrian connectivity with parking in the rear of the buildings. The applicant believed that putting the majority of the parking closer to Virginia Beach Boulevard, instead of the rear near the residences, would result in less impacts to the adjacent residential properties. Planning Commission had no objections to this proposed layout. 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 March 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 7-0, to recommend approval of this request. Proffers: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA BEACH, VIRGINIA", dated 01/03/23, prepared by TRC Engineers, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 2. When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 01/03/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). Born Primitive, LLC Page 3 of 3 3. When the Property is developed, the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER, VIRGINIA BEACH, VA", dated 01/03/23, prepared by Covington, Hendrix, Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). 4. When the Property is developed as depicted on the Concept Plan, Landscape Plan and Elevations, its use shall be for office/warehouse. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department pipCity Manager: Applicant Born Primitive, LLC Agenda Item Property Owner Modern Savage Investments, LLC Planning Commission Public Hearing March 8, 2023 City Council District 6,formerly Beach 3 Virginia Beach Request Modification of Proffers Staff Recommendation 'J Approval 000N1,o -r-li.4411"1711113-4 Staff Planner WBW GM RD '_` 264 OLD VIRGINIA Marchelle Coleman i 1 Location 1 Z i � J r t7 Southeastern corner of the intersection of z - o �i t L1--. IRG IA-B6A Virginia Beach Boulevard & North Oceana �` y } Boulevard 8 3 1 °` O� i 1GPINs O oM1oAVE * I ---I NDIANAAV E - 2417057714, 2417150755, 2417059705, *__ 1 � NON-Y-ORKAVE 2417152724, 2417154801 ��YA 1 SOUTHERN BLVD Site Size ot 4.40 acres a AICUZ Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay Existing Land Use and Zoning District .:` -I* ,.-. - -el- Undeveloped lots/Conditional I-1 Light !0 "-r� 7. - , - , . Industrial „ ; _ - '"• - 4;44- " , te_ __-17,7 . :; Surrounding Land Uses and Zoning Districts -• !- , ,1, ..:> '_ 4,'` ,. , i • North _. ' VIRGIN't.BEATH BLVD. Virginia Beach Boulevard - gPv Vacant lots, single-family dwellings, duplex, ' .z' multi-family dwellings/ R-5D Residential, A-12 oc . _ .i., 1 . ''; Apartment District y,.` . 1, o , .1 . •ii*-*..,.. i - 44 South i ' ,,,� '. 1--4"' - .f,'1 741 r, Single-family dwellings/R-5D Residential .,- " t J. H errHew PL f - % i - . East J+ /{ v. �"'�.F . , . r� Lit ...- •1 i Gas station, single-family dwellings/B-2 . ,'71_......• _ . - ,, . i:, r ..►•� SI, A TAW PI-; u �� • Community Business, R-5D Residential ' ;Olid �fti�. = ' `' ,it-1. 3 ...?:. -4.3wiz ' West �. North Oceana Boulevard Religious use, single-family dwelling/R-5D Residential Born Primitive, LLC Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant seeks to amend proffers associated with a Conditional Rezoning approved by City Council on February 24, 2004 to rezone this property from 0-2 Office District and R-5D Residential Duplex District to Conditional I-1 Light Industrial District for the construction of an office warehouse. At that time,the applicant proffered that the development would be constructed in substantial conformance with the submitted conceptual site plan, landscape plan and building elevations. No development has occurred on this property since the approval in 2004. • The current applicant, an athleisure activewear company, is now requesting to modify the original proffers to revise the conceptual site layout, conceptual landscape plan, and building elevations to suit their business needs. • In the 2004 approval,the proffered plan showed two buildings with brick veneer, aluminum glazing, and glass, reaching a maximum height of 19 feet. 32 flex suite office/warehouse units were proposed in the two buildings. • The applicant is now proposing to develop the site with one building, consisting of a 34,313 square-foot warehouse facility with 7,004 square feet of ancillary office space. The modified plans depict a proposed stormwater management facility similar to the previous plan to address stormwater quality and quantity control for the site. • In the modified proffered building elevations,the office portion of the warehouse facing N. Oceana Boulevard will be comprised of red,white, and blue metal panels to align with the company's branding.The side and rear elevations will be clad with gray metal panels. The north elevation that fronts Virginia Beach Boulevard will include a gray stone veneer along the base of the structure. The highest point of the building is 26 feet. • The proffered Conceptual Landscape Plan shows the required building foundation, interior parking lot coverage, and street frontage plantings. A 25-foot-wide buffer with Category II landscape plantings is also proposed, as required,to screen the site from the residentially zoned properties to the south and east.A drainage ditch runs parallel to the eastern property line;therefore, additional plantings cannot be installed within this area. The drainage ditch will remain as is, utilized as a portion of the proposed 25-foot buffer with additional plantings and an eight-foot tall vinyl privacy fence to be installed outside of the ditch and directly east of the proposed stormwater management facility, as shown on the Conceptual Landscape Plan. • Per Section 203 of the Zoning Ordinance, one space per employee on a maximum working shift is required, along with one space per 330 square feet of floor area for the ancillary office space.The applicant currently employees 67 employees,with 30 employees on a maximum shift.The company is expected to hire additional employees as they continue to expand the business,with up to as many as 85 persons at full capacity. The Conceptual Site Layout depicts 92 parking spaces,thereby exceeding the parking requirement. • The property is located within the greater than 75 dB DNL noise zone and the Accidental Potential Zone 1 (APZ-1) of the Air Installations Compatible Use Zones (AICUZ). • The proposed hours of operation are 9:00 a.m. to 6:00 p.m. daily. Born Primitive, LLC Agenda Item 3 Page 2 i ; ri¢ o -D � i' I n gU � iri op I � '' 1� Dam ,R D "c�—.' •m1 v�fNA R i - R ' e. Zoning History h _jdel I �� _ # Request - � VIRGINIA BEACHBLVD 1 CRZ(0-2& R-5D to Conditional I-1)Approved - j • B2 Bi 02/24/2004 c] /"/ 2 CUP(Church Expansion)Approved 03/28/2000 CUP(Church)Approved 04/23/1991 � R '�', ��} o�� CUP(Church)Approved 1/19/1976 2sn R • ' �--- - /Q 3 REZ(R-8 to B-2)Approved 02/14/1983 0 0 (O o I '� d'I�D CUP(Gas Station)Approved 02/14/1983 no e �.� ❑ R RSD k1� RT�11PS- Q`I TiKR Rfr1 0 E \- r,�, (1'IP E ❑ r- 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 This request to modify the proffers to amend the conceptual site layout, landscape plan, and building elevations to develop the site with an office warehouse is, in Staff's opinion, acceptable.The office warehouse is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. A guiding principle for the Suburban Area is to create "great neighborhoods," which are stable and sustainable. In Staff's opinion,the proposed office warehouse is a low intensity use that will have minimal customer traffic and generally operates with little to no noise. As stated previously, operating hours are typically between the hours of 9:00 a.m.to 6:00 p.m., which will have minimal impact on the surrounding residential properties. The property is located within the greater than 75 dB DNL noise zone and the APZ-1. The proposed office warehouse use is consistent with the Comprehensive Plan's land use policies for this area and is compatible with Naval flight operations. As indicated in Proffer 4,the use of the property shall only be developed as an office warehouse operation. The Special Area Development Guidelines for the Suburban Area recommend that building materials and colors reflect and complement the character of the surrounding area. The guidelines specifically indicate that colors used for the building should accent and not define the building. While the proposed building elevation uses branded colors,this is limited to the west elevation that will be utilized as the ancillary office space,which is narrow in comparison to the elevation facing Virginia Beach Boulevard. While the office space will face existing residential structures along N. Oceana Boulevard,the remainder of the building uses a neutral palette that is enhanced along the Virginia Beach Boulevard elevation with a stone veneer foundation. Although the proposed colors for the office portion of the building may not be in full keeping with the Special Area Development Guidelines, Staff is amendable to the proposed design, as the majority of the building will be neutral in color, and thus more in character with the surrounding properties. As this site is located in the Chesapeake Bay Watershed, a preliminary stormwater analysis was not required prior to this item being reviewed by Planning Commission and City Council. According to the applicant,the usage of underground storage and a BMP will address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Born Primitive, LLC Agenda Item 3 Page 3 Based on these considerations, Staff recommends approval of this request with proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA BEACH, VIRGINIA", dated 01/03/23, prepared by TRC Engineers, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Concept Plan"). Proffer 2: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN &SCHEDULE FOR BORN PRIMITIVE WAREHOUSE,VIRGINIA BEACH,VIRGINIA", dated 01/03/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Landscape Plan"). Proffer 3: When the Property is developed,the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA", dated 01/03/23, prepared by Covington, Hendrix, Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Proffer 4: When the Property is developed as depicted on the Concept Plan, Landscape Plan and Elevations, its use shall be for office/warehouse. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Proffers from 2004 CRZ The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Born Primitive, LLC Agenda Item 3 Page 4 Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN 'OCEANA COMMERCE PARK',A JOHN S. WALLER PROJECT,VIRGINIA BEACH,VIRGINIA", dated October 20, 2003 prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). Proffer 2: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "PROPOSED SITE PLAN, OCEANA COMMERCE PARK,VIRGINIA BEACH,VIRGINIA" dated September 24, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Landscape Plan"). Proffer 3: When the Property is developed,the elevations shall be as depicted on elevation plan exhibit entitled "OCEANA COMMERCE PARK,VIRGINIA BEACH,VIRGINIA,JOHN S. WALLER F.T.P. ", dated September 24, 2003,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Elevation Plan"). Proffer 4: The use of the Property shall be an Office/Warehouse operation as depicted on the exhibits heretofore exhibited to the Virginia Beach City Council. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that ensures the stability and sustainability of the Suburban Area now and the future. Compatible infill development is encouraged, as long as the use is appropriate, and the building is in scale with the surrounding area. Special Area Development Guidelines calls for buildings to be oriented to the street and designed to encourage pedestrian movement. Building massing and height should be appropriate to the surrounding area, as well as provide visual and architectural interest through staggered building placement and varied rooflines. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Born Primitive, LLC Agenda Item 3 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 20,850 ADT1 25,100 ADT 1(LOS°"D") Existing Land Use(vacant I-1 zoned parcel)—0 ADT Existing Zoning 2—114 ADT N.Oceana Boulevard No Data Available 9,900 ADT 1(LOS 4"D") Proposed Land Use 3—102 ADT 1 Average Daily Trips 2as defined by 48,000 3as defined by 40,600 square of 4 LOS=Level of Service square feet of warehouse, warehouse/office existing approved use Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this site, is a four-lane minor arterial urban roadway.Virginia Beach Boulevard has a variable width right-of-way, and the MTP shows a divided roadway with an ultimate right-of-way width of 100 feet. N. Oceana Boulevard is a two lane local roadway. There are no CIP projects located in the vicinity of this site. Public Utility Impacts Water There are two 12-inch City water mains along Virginia Beach Boulevard and a six-inch and 12-inch water main along N. Oceana Boulevard. Since there are multiple water service connections fronting the site, any unused water services must be abandoned in accordance with Public Utilities Design Standards Manual Section 4.9. Sewer There are two eight-inch City sanitary sewer gravity mains along Virginia Beach Boulevard and an eight-inch along N. Oceana Boulevard. Since there are multiple sewer service connections fronting the site, any unused sanitary sewer laterals must be abandoned in accordance with Public Utilities Design Standards Manual Section 3.9. Public Outreach Information Planning Commission • The applicant/applicant's representative sent a notice to the surrounding property owners inviting them to a meeting that took place on Monday, February 20, 2023 to discuss the details of the request. According to the applicant, one person attended this meeting, and no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • 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 March 2, 2023. Born Primitive, LLC Agenda Item 3 Page 6 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on April 9, 2023. Sundays,April 2, 2023 and • As required by City Code,the adjacent property owners were notified regardin both th of the City Council's public hearing on April 3, 2023. g e request and the date • The City Clerk's Office posted the materials associated with the application on the City htt s: www.vb ov.com overnment de artments cit -clerk cit -council Documen Council website of on April 14, 2023. is BookmarkedA ends. df Born Primitive, LLC Agenda Item 3 Page 7 Proposed Conceptual Site Layout II h .,„3„..DCLII?PIIL ra imiai. he rx i sarvm ._-,.,.�„. c, =L @, ii! a3SAOfl3YMY 21A AId M OQ I 9 I2IRqq -!I 3 litici rig • ?7-t+----1-tl - ----- a — — I 1 1, ._......... —/ .. I `L: 1 -- — , 1 1 k________,,_ :, ...._ , ,, „ �sr;g tib L. -.- 1 F . irc Iiiibl+ - ".s• qi r Es -- (--1- 1). .- ___ I-1 1 Mktg -.5] ' i — �I �� I --- . `4 1 -- 1. i' • .Ic f� l •,, ',Ilik.......:: 44 • t 441:1 r . • i 1 lir --r‘ks..., 10 ii go ' I I 11( _ is' Pets ac - a ---T�-- _ _ I. as �� p �••MM . 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''..- -, - -...N r..•':.•:,-.!,1.;,- - „„--• ri ,-,ii\lmi ,-.. „At',-,,,,,,IN-,,,A At."-----,_!!. -2:: •'• 4.,VAN,i;•,:t 64.11/41, _ At.tt-- ,.....,", ,,;i: :I .4,::4:,•,' tt(Alt V.O'ieiltiii;100.11.. . '- t'41 :; -/P1 4 - ,. 4/ a a x,II k ft • 4 ' k A it.' -"I „.. -.• ,... ... --, -,. -., ,-,,,,••.. i .4.•- z4- ----- _ . • Born Primitive, LLC Agenda Item 3 Page 13 Disclosure Statement Disclosure Statement (sv of I'wenirt E.safi 11111111111 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 Born Primitive,LLC,a Virginia limited liability company Does the applicant have a representative? E Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I.Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Timothy Handlon,C.E.O.;Mallory Riley,C.0.0. • 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 Born Primitive, LLC Agenda Item 3 Page 14 Disclosure Statement Disclosure Statement 1Sty of Vil vi n R®f , .. Planning&Community Development _r- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? •Yes ❑ No • If yes,identify the financial institutions providing the service. Blue Ridge Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Kevin Stewart Stewart&Company 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 Jonathan Covington,Covington,Hendrix&Anderson Architects 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 Born Primitive, LLC Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement • Planning Sr Community: Development b 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. Anthony Cataldo,Cataldo Builders,Inc 7. Does the applicant have an engineer/surveyor/agent,n connection with the subject of the application or any business operating or to be operated on the property?g Yes ❑No • if yes,identify the firm and individual providing the service Joe Bushey,TRC Engineers,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?U Yes ❑ 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. Bor n Pr intitry I I l By. Applica t rg ature Ilk E‘tf + CO Print Name and Title J 1o3/ OCi3 -- - Date Is the applicant also the owner of the subject property? ❑Yes No • if yes,you do nut 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 DZI No changes as of i Date 3/28/2022 Signature lrn,tName 'Marchelle 1.Coleman 3i Born Primitive, LLC Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement rusf ojti hula Bahl: Planning&Community Development _ Owner Disclosure Owner Name Modern Savage Investments,LLC,a Virginia limited liability company Applicant Name Born Primitive,LLC,a Virginia limited liability company 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) Timonty Handlon,C.E.O.;Mallory Riley,C.0.0. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® 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 I Born Primitive, LLC Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement w\B - 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. Blue Ridge Bank 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. Kevin Stewart,Stewart&Company 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?i Yes ❑No • If yes,identify the firm and individual providing the service. Jonathan Covington,Covington,Hendrix&Anderson Architects 5. Is there any other pending or proposed purchaser of the subject property?❑Yes Mi 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. Anthony Cataldo,Cataldo Builders,Inc. 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. Joe Bushey,TRC Engineers,Inc. Revised 11,09.2020 6 Born Primitive, LLC Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement ay of 14rvinia Sae Planning&Community = Development S. 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. R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,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. Mode!r Sava e Investments,L I C B? Owner iia re • n Print Name and Title __14_344) _ Date Born Primitive, LLC Agenda Item 3 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Born Primitive, LLC Agenda Item 3 Page 20 �1N�• Ac 4 _ 0 (7 rT — C,1. tz , 4 z CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE 7,-. ...0s,f;,-7-ff--, i OF !1 OUR AS�0 In Reply Refer To Our File No. DF-10884 DATE: April 7, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Born Primitive, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 18, 2023. I have reviewed the subject proffer agreement, dated January 3, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MODERN SAVAGE INVESTMENTS,LLC,a Virginia limited liability company TO (PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3rd day of January, 2023,by and between MODERN SAVAGE INVESTMENTS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of those five (5) parcels of property located in the City of Virginia Beach, Virginia, containing a total of approximately 4.40 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference, which are referred to herein as the "Property";and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS,the Grantor has requested Grantee to permit this modification of the previously proffered Covenants,Restrictions and Conditions dated October 23,2003 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200403050037762 (hereinafter"2003 Proffers"),to reflect amendments applicable to the land use plan on the Property; and GPIN: 2417-05-7714-0000 2417-05-9705-0000 2417-15-0755-0000 2417-15-2724-0000 2417-15-4801-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered "1", "2"and "3"as contained in the 2003 Proffers;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise;and WHEREAS,the Grantor has voluntarily proffered, in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW,THEREFORE,the Grantor,its successors,personal representatives,assigns,grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following two (2) amendments to the Conditions and Restrictions as originally proffered which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute zoning proffers running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its successors,personal representatives,assigns,grantees,and other successors in interest or title: The five (5) numbered proffers set forth in the 2003 Proffers are hereby deleted and replaced with the following five (5) "NEW PROFFERS": 1. When the Property is developed,it shall be developed substantially as shown on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA BEACH,VIRGINIA",dated 01/03/23,prepared by TRC Engineers, Inc.,which has been exhibited to 2 the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Concept Plan"). 2. When the Property is developed,it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 01/03/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Landscape Plan"). 3. When the Property is developed,the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE,OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA",dated 01/03/23, prepared by Covington, Hendrix,Anderson Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the"Elevations"). 4. When the Property is developed as depicted on the Concept Plan, Landscape Plan and Elevations,its use shall be for office/warehouse. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions or further modifies the proffered conditions or restrictions to which the Property is subject to in its current Zoning District. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, 3 as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Modern Savage Investments, LLC, a Virginia limited liability company titoBy: (SEAL) al ry S. ley,COO STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 3rd day of January, 2023, by Mallory S. Riley, COO of Modern Savage Investments, LLC, a Virginia limited liability company, Grantor. N tary Public My Commission Expires: 2 ;31/4,?0 ,S TON Notary Registration Number: '79'7°4=31 AISHA KAI HORTON Public OR Commonwealth of Virginia 7970231 My Commission Expires 08/31/2025 5 EXHIBIT "A" Parcels I, II and III: All Those certain lots,together with the buildings and improvements thereon, and appurtenances thereunto belonging,lying,situate and being in the City of Virginia Beach,Virginia,and being known, numbered and designated as Lots A,B,and C as shown on that certain plat entitled,"Resubdivision of Property of John S.Waller Family Limited Partnership,as shown on Plat of Property of H.H. Hill located in Oceana Gardens,Princess Anne Co.,VA,Map Book 22,page 17,IN.200303130039583,IN 200302240026224, IN. 200312010197830, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20100308000214600. GPIN: 2417-05-7714; 2417-05-9705-0000; 2417-15-0755-0000 Parcel IV: All that certain lot, piece or parcel of land, located and being in Oceana Gardens of Lynnhaven Borough in the City of Virginia Beach (formerly Princess Anne County),Virginia,and being part of Plot 40 of the Plat of Oceana Gardens, and more particularly described as follows: Beginning at a point on the Southern line of State Route 58, commonly known as Virginia Beach Boulevard,at its intersection with a dividing line between Plots Forty-One (41) and Forty-Six (46) of Oceana Gardens, and running thence along said dividing line South 7° 30'West, 237.21 feet to Plot Forty- One (41) of said Oceana Gardens; thence North 82° 30'West along the dividing line between Plot Forty(40) and Forty-One (41) 50 feet; thence North 7° 30' East,237.21 feet to the Southern line of Virginia Beach Boulevard 50 feet to the point of beginning. GPIN: 2417-15-2724-0000 Parcel V: All that certain lot, piece or parcel of land,with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Lynnhaven Magisterial District, Princess Anne County, Virginia, in Block Forty (40), of "Oceana Gardens" and more particularly bounded and described as follows,to-wit: Beginning at a point on the Southern line of Virginia Beach Blvd.,which point is 507.67 feet from the Southeastern corner of East Lane and Virginia Beach Blvd. and running thence Easterly along the Southern side of Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a Southerly direction and parallel to East Lane 237.21 feet to a point; thence turning and running in a Westerly direction and parallel to Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a Northerly direction and parallel to East Lane 237.21 feet to the point of beginning. GPIN: 2417-15-4801-0000 H:\AM\^'Mod of Proffers\Modern Savage Investments\1st Amendment to Proffers_clean 2-13-2023.docx 6 Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Item # 3 Born Primitive, LLC (Applicant) Modern Savage Investments, LLC (Property Owner) Modification of Proffers Address: Southeastern corner of the intersection of Virginia Beach Boulevard & North Oceana Boulevard RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you. Next item on our consent agenda is item number three, Born Primitive, LLC, Modern Salvage Investments, LLC. It's on the consent agenda, Mr. Bourdon. Mr. Bourdon: Thank you, Commissioner Horsley. Mr. Chairman, members of the Commission, Eddie Bourdon Virginia Beach Attorney representing the applicant, welcome Mr. Parks and Mr. Plumlee. We appreciate being on the consent agenda and appreciate all of the work from Marchelle and keeping us in line to, to get here. Thank you very much. Mr. Horsley: Thank you. Mr. Plumlee, would you read. Mr. Plumlee: I was remiss not telling you that I'm representing District six and this is in my District. The applicant seeks to amend proffers associated with the Conditional Rezoning approved by city in 2004. It's now proposing to develop the site with one building consisting of 34,000 approximate square foot warehouse with 7,000 of office space. There has been no objection from the communities in the immediate surrounding area and, it's received staff recommendation for approval. The proposed hours of operation are 9:00 a.m. to 6:00 p.m. Mr. Horsley: Thank you, Mr. Plumlee. Mr. Horsley: Thank you. That now concludes the consent agenda. Mr. Alcaraz: Yeah, read the numbers that are in consent please. Mr. Horsley: All right. The item numbers on consent, item number one, number three, number four, number five, number six, number seven, number eight, number nine, number 10, number 11, number 12, 13, 14, 15, 16, and 17. Mr. Alcaraz: All right, thank you. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Horsley: So moved. Mr. Plumlee: Second and I do have four items to abstain from. Mr. Alcaraz: We have a second by Mr. Plumlee. Okay and then any abstentions, and that would be Mr. Plumlee. Go ahead. Mr. Plumlee: I abstain from items 4, 11, 14, and 15. I don't know if that means you need a second on those, separate from mine, okay, good. All right, thank you. Mr. Alcaraz: All right, so we have a second. Madam Clerk: Thank you. The vote is open. Mr. Alcaraz: Oh sorry, hold. Mr. Clemons voting screen is not working. Can you take his verbal? Madam Clerk: Oh, Mr. Clemons, I'm sorry. Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. And to clarify, Mr. Plumlee, you're abstaining from four items 4, 11, 14, and 15? Mr. Plumlee: Correct. Madam Clerk: Okay. Mr. Alcaraz: That's correct. Madam Clerk: By vote of seven to zero agenda items one, three, five, six, seven, eight, nine, 10, 12, 13, 16, and 17 have been recommended for approval by consent by a vote of six in favor, zero against with an abstention by Commissioner Plumlee, agenda items 4, 11, 14 and 15 have been recommended for approval by consent. AYE 7 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Clemons AYE Coston AYE Cuellar AYE Horsley AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA BEACH, VIRGINIA", dated 01/03/23, prepared by TRC Engineers, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Concept Plan"). Proffer 2: When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 01/03/2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Landscape Plan"). Proffer 3: When the Property is developed, the exterior of the warehouse with ancillary office area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials and architectural features as depicted on the exhibit entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE CENTER, VIRGINIA BEACH, VA", dated 01/03/23, prepared by Covington, Hendrix, Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Proffer 4: When the Property is developed as depicted on the Concept Plan, Landscape Plan and Elevations, its use shall be for office/warehouse. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. c:---. ----- / B2 B2 ________, — --Alp ./ ,, ----------_ letri,. p 1iii 1 Ive__________ \ ,, 44-40 ______ ______________ , , A,1-8 ,1 1• , 1' , , 1 1 ----- . A1,8 /)2/ B2 \ -------- ----- --17., -------__ p2 ' , , , ---____--__�_ R1.0 R10 \‘,60. U ' -------____ ---4,4 \ S\ ' L ' --------/Peo , _ \ 0- 'ir\ 1. I , _ R10, R10 tR/10 it 02, it* ---___ V. A Site w 74, F r 1 Property PolygonsAWL P y B and B Associates of Virginia, Inc s Zoning g ' 1008 Mineola Drive Building Feet 01530 60 90 120 150 180 ^�ri' BE• Cy--:,* -.iL,1'. u.. %S1r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: B AND B ASSOCIATES OF VIRGINA, INC [Applicant] INDIAN RIVER APARTMENTS, LLC [Property Owner] Change in Nonconformity(Expansion of Apartment Complex)for the property located at 1008 Mineola Drive (GPIN 1446959553). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: April 18, 2023 ■ Background: This is an application for a Change in Nonconformity to allow for the expansion of an apartment complex. More specifically, the applicant wishes to construct a 1,700 square foot leasing office and amenity space in the existing open space. The current leasing office is located within an existing storage unit that will revert back to a storage unit upon completion of the new leasing office. Amenities proposed include a gym and patio area. When this apartment complex was constructed in 1964, it was zoned CL-1 (Commercial Limited), which permitted residential uses. When the zoning ordinance was updated in 1973, the zoning classification of this parcel was changed to B-2 Community Business, which does not permit residential uses. As such, this use is considered a legally non-conforming use. • Considerations: According to Section 203(12), two parking spaces are required per unit. Currently a total of 97 parking spaces are provided on site for the 67 existing dwelling units. Based on the number of existing units, the complex is deficient by 33 parking spaces. Upon review by a previous Zoning Administrator, a determination was made that additional parking would not be required because: (1) the apartments have been operating as a legally nonconforming use for several decades without issue, and (2) it was determined that the number of parking spaces on site, initially met the parking requirements of the CL-1 zoning district when the complex was constructed in 1964. Additional plantings will be installed around the proposed leasing office. Current building foundation and parking lot plantings meet the landscape requirements set forth in the Site Plan Ordinance. The existing six-foot tall privacy fence located along the rear of the property will remain and continue to screen the apartment from adjacent commercial uses. The dumpster will be relocated into an existing parking space and will be properly screened by plantings and a six-foot tall privacy fence. B and B Associates of Virginia, Inc Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request and 2 letters of support have been received by staff. • Recommendation: On March 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 7-0, to recommend approval of this request. 1. The proposed expansion shall be developed substantially as depicted on the conceptual site plan entitled "Indian River Apartments- Leasing Office 1008 Mineola Drive", prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "Indian River Garden Apartments-Exterior Elevations", dated December 9, 2022, prepared by Beacon Architecture and Design, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior display plantings. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. • Attachments: Staff Report and Disclosure Statements Resolution Location Map Minutes of Planning Commission Hearing Letter(s) of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. B and B Associates of Virginia, Inc _ Page3of3 Submitting Department/Agency: Planning Department e-(..�". City Manager:/741? 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 1008 MINEOLA DRIVE 4 5 WHEREAS, B and B Associates of Virginia, Inc. (the "Applicant") has made 6 application to the City Council for authorization to expand the nonconforming use and 7 structure at 1008 Mineola Drive and zoned B-2 Community Business Zoning District; 8 9 WHEREAS, this parcel currently contains multi-family dwellings, that do not meet 10 the current zoning regulations. The expansion is for an additional building to house a 11 leasing office and amenities for the multi-family complex. The dwellings were constructed 12 prior to the adoption of the applicable zoning regulations and are therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on March 8, 2023; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming use is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed use as expanded be equally 21 appropriate or more appropriate to the zoning district than the existing use. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming use and 27 structure as expanded, will be equally appropriate to the district as is the existing use and 28 structure under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The proposed expansion shall be developed substantially as depicted on the 34 conceptual site plan entitled "Indian River Apartments- Leasing Office 1008 Mineola 35 Drive", prepared by AES Consulting Engineers, which has been exhibited to the 36 Virginia Beach City Council and is on file in the Department of Planning & 37 Community Development. 38 2. The exterior of the proposed building expansion shall substantially adhere in 39 appearance, size, and materials to the submitted elevations entitled "Indian River 40 Garden Apartments-Exterior Elevations", dated December 9, 2022, prepared by 41 Beacon Architecture and Design, which has been exhibited to the Virginia Beach 42 City Council and is on file in the Department of Planning & Community Development. 43 3. A Landscape Plan shall be submitted to the Development Services Center of the 44 Department of Planning and Community Development for review and ultimate 45 approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan 46 shall address all requirements of the Landscaping Guide including, but not limited to, 47 the installation of street frontage plantings, building foundation plantings, and interior 48 display plantings. All landscaping shall be maintained on-site in accordance with the 49 approved Landscape Plan. 50 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed 51 site plan review. Said plan shall include the location of all lighting fixtures mounted 52 on buildings and poles as well as the listing of lamp type, wattage, and type of 53 fixture. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 56 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 154 e . / 0.--rf - tdW- (iONI ) tannin g an. ommunity City Attorneys Office Development CA16097 R-1 February 28, 2023 2 Applicant B and B Associates of Virginia, Inc Agenda Item Property Owner Indian River Apartments, LLC Planning Commission Public Hearing March 8, 2023 ,,,r, City Council District 1,formerly Kempsville 5 Virginia Beach Request Change in Nonconformity (Expansion of Apartment Complex) \ ---,—•_.,.-.1.0 71"';1 4111r i Staff Recommendation : : Approval O Staff Planner a s 1 is i Michaela McKinney 1ND`A"Rn,ER •AN RIyFR itk Rp Location 1008 Mineola Drive 'it0 F --?--- ! GPIN 1446959553 Site Size 2.53 acres \7.-- ,1 - AICUZ IA =� Less than 65dBDNL r Watershed A Chesapeake Bay Existing Land Use and Zoning District Apartment Complex/A-18 Apartment B-2 le Community BusinessFty Surrounding 441.44,-. ' .. Land Uses and ZoningDistricts ' North '" " •�'. '` _ Nail iv . i I. r V R�ROa. Shopping Center& Restaurant/B-2 Community a '' - • ; 4. Business -_ -- i,. r Souther , y -,4. ; Mineola Drive • ,� Y *. ; Single-family dwellings/ R-10 Residential '"''A. ' " c � o ' . ;,. '; East Single-family dwellings/R-10 Residential .y�� °' �. �, ��• �'�r„- �� Q West -. .. 4 s , MacDonald Road g_ 4 a MAoR;, �' = P�_.. �- • Limit of City of Chesapeake `''', y= • ,'' .��,F B and B Associates of Virginia, Inc Agenda Item 5 Page 1 Background & Summary of Proposal • This is a request to expand a nonconforming use to add an additional building to the Indian River Apartments and Townhomes complex.The new building will be used as a leasing office and amenity space for the complex. Presently,the leasing office is located within a storage unit and the applicant intends to convert this space back to a storage unit after construction of the new leasing office building. • The proposed amenities include an outdoor patio area and a fitness facility. • This apartment complex was constructed in 1964. When constructed,the property was zoned CL-1, Limited Commercial,which permitted residential development. When the Zoning Ordinance was updated in 1973,the zoning classification for this property was changed to B-2 Community Business,which does not allow residential uses. Since residential uses are not permitted in the B-2 zoning district,this use is considered a legal nonconforming use. • Building materials will consist of beige siding,white trim, brick veneer, and a charcoal asphalt shingle roof. • The leasing office will be open from 8:00 a.m. to 5:30 p.m., Monday through Saturday. e2 1 pa ,, �� Zoning History �e2— g y "� -, # Request 1, es • %/l� f !� 1 CUP(Private School/Daycare)Approved 03/10/2009 2 CUP(Church)Approved 08/12/2003 V71 ' : �' 3 CUP(Motor Vehicle Rentals(trucks))Approved v pC77 07/12/1995 op Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Change in Nonconformity to construct a new 1,700 square-foot building is acceptable.This expansion will serve as a benefit to the residents by providing additional space for amenities and service area. The design of the leasing office is in scale with the surrounding area and is consistent with the existing units within the complex. While residential uses are not permitted in B-2 zoning district,the request to expand the use is supported by the Comprehensive Plan by keeping the design and scale consistent with the surrounding area. Section 203(12) requires two parking spaces per unit for the first 50 dwelling units and 1.75 spaces per dwelling unit in excess of 50 units. Currently there are a total of 67 dwelling units and 97 parking spaces on site. Based on the number of existing units, a total of 130 parking spaces would be required,thus the complex is deficient 33 spaces. Upon review B and B Associates of Virginia, Inc Agenda Item 5 Page 2 by the previous Zoning Administrator, an interpretation was made that additional parking would not be required for two reasons: (1)the apartments have been operating as a legally nonconforming use for several decades, and (2) it was determined that the number of parking spaces on site, initially met the parking requirements of the CL-1 zoning district when it was constructed in 1964. Additional plantings will be installed surrounding the leasing office, as shown on the conceptual landscape plan. The proposed leasing office will be located in an area that is currently utilized as open space. Current building foundation and parking lot plantings meet the landscape requirements set forth in the Site Plan Ordinance. A six-foot-tall privacy fence located at the back of the property will remain to continue to screen the property from the adjacent commercial development. The dumpster will be relocated into an existing parking space and will be properly screened by plantings and a 6 feet tall fence that is compatible with the existing fence. As mentioned previously,the leasing office will include amenities to better serve residents; including a fitness facility and an outdoor patio area enclosed by a four-foot-tall black aluminum ornamental fence. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The proposed expansion shall be developed substantially as depicted on the conceptual site plan entitled "Indian River Apartments- Leasing Office 1008 Mineola Drive", prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "Indian River Garden Apartments-Exterior Elevations", dated December 9, 2022, prepared by Beacon Architecture and Design, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to,the installation of street frontage plantings, building foundation plantings, and interior display plantings. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. 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. B and B Associates of Virginia, Inc Agenda Item 5 Page 3 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" which are stable and sustainable. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are no known cultural resources on site. Traffic Impacts The proposed leasing and amenities building will not generate any additional traffic and there are no traffic counts available for Mineola Drive, as it is a two lane local roadway. Public Utility Impacts Water The site currently connects to City of Virginia Beach water system. Sewer The site currently connects to the City of Chesapeake sanitary sewer system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • 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 March 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 2, 2023 and April 9, 2023. B and B Associates of Virginia, Inc Agenda Item 5 Page 4 • 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 April 3, 2023. • 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 April 14,2023. B and B Associates of Virginia, Inc Agenda Item 5 Page 5 Proposed Conceptual Site Plan .....,o_..I II i oWo NNW 1 e t 1 i 1 I oraelmit SHE I 1 1 I 1 1 f i i ! . a i , si — — 3= 5,;, i 11 47 T. II ts.,..,_,...1" , "a c - 1 Mel .---.1 ❑ ti❑ ❑ JI' Ili I B and B Associates of Virginia, Inc Agenda Item 5 Page 6 Proposed Conceptual Landscape Plan w.10.a sa1...a: MAIO vw31w Mkt 1 I N .w""-.....,.. Saall ..ew..0 61N3N1WdV a3ARI NVIOM I Yc.ulf �3�,� � ,N --i I C ' s. '- , : -: ' -l'r-ii:.---1:171-17----iv l';', , ,__ , . \� I I 0 F 1 1 I • µw7 1 . i it i v4a %INkif. 1 I I _ i i - Y ea n 5$ 1 I :ilk k L p 0.i.4 k ,, ., -4' C I _+a a•..c: I , 1 - 1 4 ,_,, i ... I t 3t t It , ; , i } ; .1 1 4 i :- t N7---1---4 L 0,. L.......,„„Tra.r.__ ,..22. \ \ _ s Z rt it . - .,..,.. - /� �\ B and B Associates of Virginia, Inc Agenda Item 5 Page 7 Proposed Floor Plan RJ v p ;O •: UZLiu— LJ - . oZ a o ' g h U° _14S .- i« w Z L N 3 i V tZ r i i CaI _ g Z Q < gz < C e. g aso bi t, ® ii / I eB W 1 n1s �Y o i, i — .��.. 1 nr L I H - . � ■ - 1-4 y, -4 q - .M ll-l• qi C y •C —y Lei .511 -y o .‘,.2)-''' CEP i y 1 =-I --. Ii Y p., 8 =if t t a 0 mN `O § d „ 8 0 B and B Associates of Virginia, Inc Agenda Item 5 Page 8 Proposed Elevation Plan Z t oc in R fiz h %t,: <Q Q 0, z s; w q CO >S W Z 6 0 I, & N < 0 0 U i Wi ]L a.. t 52 S x.x O J iIi ex u U :3 ..s ,f s , v. 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B and B Associates Aogf eVni rdgapi na iItemga:iin o5c Resolution 1 A RESOLUTION TO ALLOW THE EXPANSION OF A 2 NONCONFORMING USE AND STRUCTURE ON 3 PROPERTY LOCATED AT 1008 MINEOLA DRIVE 4 5 WHEREAS, B and B Associates of Virginia, Inc. (the "Applicant") has made 6 application to the City Council for authorization to expand the nonconforming use and 7 structure at 1008 Mineola Drive and zoned B-2 Community Business Zoning District; 8 9 WHEREAS, this parcel currently contains multi-family dwellings, that do not meet 10 the current zoning regulations. The expansion is for an additional building to house a 11 leasing office and amenities for the multi-family complex. The dwellings were constructed 12 prior to the adoption of the applicable zoning regulations and are therefore 13 nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on March 8, 2023; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming use is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed use as expanded be equally 21 appropriate or more appropriate to the zoning district than the existing use. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed nonconforming use and 27 structure as expanded,will be equally appropriate to the district as is the existing use and 28 structure under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The proposed expansion shall be developed substantially as depicted on the 34 conceptual site plan entitled "Indian River Apartments- Leasing Office 1008 Mineola 35 Drive", prepared by AES Consulting Engineers, which has been exhibited to the 36 Virginia Beach City Council and is on file in the Department of Planning & 37 Community Development. 38 2. The exterior of the proposed building expansion shall substantially adhere in 39 appearance, size, and materials to the submitted elevations entitled "Indian River 40 Garden Apartments-Exterior Elevations", dated December 9, 2022, prepared by 41 Beacon Architecture and Design, which has been exhibited to the Virginia Beach 42 City Council and is on file in the Department of Planning & Community Development. 43 3. A Landscape Plan shall be submitted to the Development Services Center of the 44 Department of Planning and Community Development for review and ultimate 45 approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan B and B Associates of Virginia, Inc Agenda Item 5 Page 11 Resolution 46 shall address all requirements of the Landscaping Guide including, but not limited to, 47 the installation of street frontage plantings, building foundation plantings, and interior 48 display plantings. All landscaping shall be maintained on-site in accordance with the 49 approved Landscape Plan. 50 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed 51 site plan review. Said plan shall include the location of all lighting fixtures mounted 52 on buildings and poles as well as the listing of lamp type, wattage, and type of 53 fixture. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 56 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning and Community City Attorney's Office Development CA16097 R-1 February 28, 2023 2 B and B Associates of Virginia, Inc Agenda Item 5 Page 12 Site Photos iii , % -0 , -, . 'fp. ;4:ff,iti... <iy '-;',2. -r--.. r--i- MN' Egl'''- — i .ems , f I Ii?#- 2 4G� ,-% M1 1 4.y ,'.1 1� 4r 4 B and B Associates of Virginia, Inc Agenda Item 5 Page 13 Site Photos y ---:. k, ..„ ii _LA --..,_::.....-__-,:-_:_ - --: III — a _,-, 7 ' 1 7:1 si ., -le \ 1 _— - Y`"z ram {q y-:_ k:ya.4,Y1. �,'c ' �w;a ;sir CI 1�f = a i , _ ; -1"—L- ___Jri. ::::00;),,,, B and B Associates of Virginia, Inc Agenda Item 5 Page 14 Disclosure Statement Disclosure Statement N/13 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 B and B Associates of Virginia, Inc. Applicant Name Does the applicant have a representative? ®Yes 0 No • If yes,list the name of the representative. Lindsey A.Gamey,Esq.,Patten,Wornom,Hatten&Diamonstein,LC(757)223-4535 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Andrew Fink,Thomas Hill,Gregory Zitkus,Ben Simon and Britt Simon • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Palms Associates,LLC '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I i' a g B and B Associates of Virginia, Inc Agenda Item 5 Page 15 Disclosure Statement Disclosure Statement 'NB 1041 an,of ritimio Each 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-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 N 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? El 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 I 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?ni Yes ❑No • If yes,identify the firm and individual providing the service. AES Consulting Engineers-Jordan Bristow,Landscape Architect for construction documents 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. Revised 11.09.2020 2 B and B Associates of Virginia, Inc Agenda Item 5 Page 16 Disclosure Statement _ 3 t`;� Me i" ai�-J f-"t} irr;'. :may y l �;tiy. S>'-.-'"j �Jf-'`i}'.i.rcb I":.a}ih '� 't'fi •' :� ! - • 6. Does the*ppkenthave a construction ccoatrectorIn connection with the subject of the application or any business operetta or f1G fOr1 bat orePerty? +!- i.it[_ • if tam.Identify the company and prodding the wade. ae. 7. Doee the epplite hive en 440n46elkift1010014104nt to ceresection with the subject of the appi etioear attnybusiness apes ar to be operated oh tics property?A Yoe 0 No • if itair identify the firm ind individual providing the service. AES Oonststfing Sr neat•Jason Seas,Engineer tar construction site plan doouments $, Is the eppticef t reCeMlei Legal service'in connection with the stdaject of the application or any bum operating or to he operated on the propene I Yea . Flo • OM identify the firm and Iruividual welding the service. Lindsey A.Carney,Esq.,FOND•Legal counsel and reptuentattvve for the application ant Mariatura I cert y t at ill d th+e conte lned in this Oisciosure Statement Form is complete,true,and eccurote.I understand that, upon woo 4f trot born that the voile/Ilion has been sche dule t jar public hearing.I art responsible for updating the infOrmilINft provided he,.Jn are prbr ea the tench el titeateifas Commission,City omuc,V$DA,c PA,Wattar ds board in casioestlen t ehi**oppl oe. Print Marne*0 MI Ones ts;the applicant also the wavier of the subject p:opsrty7 I Yes ❑No • if yes„lens do net need to fin out the fawner disclosure sbetement. iir raw.n!>I___ 04/03/2023 Ia. Michaels D. McKinne ' I knew ti.020 Wage !�- r � rise -�4:rrS:.e• -l-` ,.ixcy,.�+•�--�-•,- _-__ -�- _5�..e..... .��... i�w••�:.��;,��,,.;��:�� a� �� -� �,�'?Y��,u-�r� t��, erg, `.t-? .x h �"�'' •a—j=�3� ��i}`�+�r,•- r Sel�lsS�i:�."� B and B Associates of Virginia, Inc Agenda Item 5 Page 17 Disclosure Statement Disclosure Statement Planning&Community . moment - s�'r . Owner Disclosure Indian River Apartments,LLC Owner Name B and B Associates of Virginia,Inc. Applicant Name _ Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?Q Yes 'No • If yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list if necessary) /non , —61`4 5 L,vlon _... #1ftri tyn rush- i larr,n S'-.an ( 9q GP • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? 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(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship 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. eiseD__0;.2921: 5 I p c_ B and B Associates of Virginia, Inc Agenda Item 5 Page 18 Disclosure Statement Disclosure Statement NIB Cry 1 V.:, R,t.}i Planning&Community Immewiloop. 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 a 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 Illi No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6IPage B and B Associates of Virginia, Inc Agenda Item 5 Page 19 Disclosure Statement lacigiure Statemt _.11/4/3 Planning&Commu n it y t dvpment 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 R No • If yes,identify the firm and Individual providing legal the service. Owner Stenature 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 pubi or cormnitt in connection with this application. tiCCi S.r kmo Print Name and Title l 2 Date • - - 7I z , B and B Associates of Virginia, Inc Agenda Item 5 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. B and B Associates of Virginia, Inc Agenda Item 5 Page 21 Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Item # 5 B and B Associates of Virginia, Inc (Applicant) Indian River Apartments, LLC (Property Owner) Change in Nonconformity (Expansion of Apartment Complex) Address: 1008 Mineola Drive RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: The next item on the consent agenda is item number five B and B Associates of Virginia, Inc, Indian River Apartment, LLC. Ms. Smith: Thank you, Mr. Vice Chairman. For the record, my name is Lindsey Kearney Smith with the Kearney Patterson Mead Law Firm in Newport News here on behalf of the applicant. We've had the opportunity to review the conditions and they're acceptable and we thank you and Michaela for her work. Mr. Horsley: Thank you. We will ask Ms. Cuellar to read this. Ms. Cuellar: Thank you. This is a request to expand a nonconforming use to add an additional building to the Indian River Apartment and Townhouse Complex. The new building will be used as a leasing office and amenity space for the complex. The amenities include that are proposed an outdoor patio and fitness facility. The Commission was invited to visit the site last week, and given that there is staff approval and Commission approval and no objections, we therefore put this on the consent agenda. Mr. Horsley: Thank you. That now concludes the consent agenda. Mr. Alcaraz: Yeah, read the numbers that are in consent please. Mr. Horsley: Alright. The item numbers on consent, item number one, number three, number four, number five, number six, number seven, number eight, number nine, number 10, number 11, number 12, 13, 14, 15, 16, and 17. Mr. Alcaraz: Alright, thank you. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Horsley: So moved. Mr. Plumlee: Second and I do have four items to abstain from. Mr. Alcaraz: We have a second by Mr. Plumlee. Okay and then any abstentions, and that would be Mr. Plumlee. Go ahead. Mr. Plumlee: I abstain from items 4, 11, 14, and 15. I don't know if that means you need a second on those, separate from mine, okay, good. All right, thank you. Mr. Alcaraz: Alright, so we have a second. Madam Clerk: Thank you. The vote is open. Mr. Alcaraz: Oh sorry, hold. Mr. Clemons voting screen is not working. Can you take his verbal? Madam Clerk: Oh, Mr. Clemons, I'm sorry. Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. And to clarify, Mr. Plumlee, you're abstaining from four items 4, 11, 14, and 15? Mr. Plumlee: Correct. Madam Clerk: Okay. Mr. Alcaraz: That's correct. Madam Clerk: By vote of seven to zero agenda items one, three, five, six, seven, eight, nine, 10, 12, 13, 16, and 17 have been recommended for approval by consent by a vote of six in favor, zero against with an abstention by Commissioner Plumlee, agenda items 4, 11, 14 and 15 have been recommended for approval by consent. _ AYE 7 NAY 0 ABS 0 _ ABSENT 0 Alcaraz AYE Clemons AYE Coston AYE Cuellar _ AYE Horsley AYE Parks _ AYE Plumlee AYE CONDITIONS 1. The proposed expansion shall be developed substantially as depicted on the conceptual site plan entitled "Indian River Apartments- Leasing Office 1008 Mineola Drive", prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building expansion shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "Indian River Garden Apartments- Exterior Elevations", dated December 9, 2022, prepared by Beacon Architecture and Design, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior display plantings. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. 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. I I I .. I Planning Commission City of Virginia Beach 2875 Sabre St., Suite 500 -,. Virginia Beach,VA 23452 1 ,!.,. To Whom It May Concern, i I . J -.••'.. I. Pilw n 001.441,0 L. ,strongly support het ap .icat en of B and B Associates LLC, perating as Indian River apartments LLC in their app icatio for . Change in Non- Conformity. The addition of a nrw leasing office on their .,operti de onstrates their commitment to continued impr)vement of the communit , whic*i is a benefit to all of us who 1--it reside in the neighborhood. e*.t. I . -i. i'z147.,t_ '#**46 , Thank you for your COASideration, l, I I j.A14p_( ___, 1* . , • .,.. — J> I . I: . 0 SiAnatire A i' • ., .. !I.114 U01)A1,0 , Printf<ame . 111Z okcinvb e_e 1/4.6,1cHI t. ,, , Address I 3 i X• 1 i ,.• 'ate l' I ' .f• r i . i l'• . i 4, • 44 .t. ... , I i „. ,. ! ! --:, - , ! , ! , i 1 I .. 1 1 1 , , 1 1 , ..,..„.y. . , ., ...„..„._„,, , ,....,.„,„..„ 1 ! r 1 ; I i Planning Commission City of Virginia Beach 2875 Sabre St.,Suite 500 Virginia Beach,VA 23452 To Whom It May Concern, r i NI Ahe a licat on of B and B Associates I. \C j ,strongly support p I LLC,operating as Indian River .artments LLC in their ap•licatio for : Change in I Non- Conformity.The addition of a •w leasing office on their .roper de onstrates their commitment to continued imp ovement of the communi y,whir is . benefit to all of us who reside in the neighborhood. i Tha you for your consideration, yliz.),_ i , Sign ure --1-1A0 Nittr( , , Print Name _ */ID,b.) 1 jk(.1 tr\Vv.41 t4,,,_/ )\1\\j io \14?) pALA-- , Address i _ Date f f le, .4.. ' 1 . j1- . �I- . 1 I } 11 i I 1 ' • • '1 , FF ` I 4 , I I _--- R7.:;••000"P- (- n CBC /_r0 OM z\v\,-_____, \. B3 B3 LIB3 B3 L J - -- B3 \� � ;7' 1 , r z \ -ie. - \\\le . -- G° B3 -B3 //9/ , 1,\ )\ 1 -L. > lj , CBC 6 CBC CBC CBC .2 CBC ¶BC _J o t. - . ill\ 1 n r C , / , J, \ c1;1 • U N r A Site vs, 4&F Property Polygons Joe White NV' 4564 Virginia Beach Boulevard s Zoning Building m Feet 0 50100 200 300 400 500 600 M , 4 2 ....." „I a 7, JI , 4t V` �`Yr.v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JOE WHITE [Applicant] PEMBROKE SQUARE ASSOCIATES, LLC [Property Owner] Special Exception for Alternative Compliance (To allow for wall signage larger than what is permitted by the CBC Form-Based Code) for the property located at 4564 Virginia Beach Boulevard (GPIN 1477554898). COUNCIL DISTRICT 9, formerly Bayside MEETING DATE: April 18, 2023 ■ Background: The applicant is requesting wall signage larger than the 60 square foot maximum size permitted under the CBC (Central Business Core) zoning regulations. There is an existing 160.1 square foot wall sign on the Virginia Beach Boulevard façade. The applicant is requesting an additional 57.7 square foot sign below the existing sign, for a total of 217.8 square feet. Section 2205 of the City Zoning Ordinance allows for City Council to grant special exception of alternative compliance for signage that does not conform to the signage regulations of the Central Business Core Form-Based Code. The Kohl's store is within the Pembroke Mall which, according to City records, was developed in 1965. The existing signage was installed prior to the property being rezoned to the Central Business District Form-Based Code and did comply with the regulations for signage in place at the time. Kohl's has since opened a Sephora section within the store and would like to add the requested "+Sephora", 57.7 square foot sign to the existing wall signage. The applicant submitted the proposal to the Central Business District Association's Design Review Committee on November 4th, 2021, which recommended approval. • Considerations: Section 2205 of the Zoning Ordinance specifies standards to be considered for Alternative Compliance applications in the CBC District. The standards require City Council to evaluate the degree to which the proposal advances the goals and objectives of the Pembroke SGA Plan and Comprehensive Plan and whether the proposal is consistent with the CBC Design Guidelines. Section 5.18 of the Central Business Core District Design Guidelines provides recommended standards for wall signage. The proposed signage substantially meets the criteria listed, aside from the allowable square footage. The proposed Joe White Page 2 of 2 sign is within a blank area of the facade, placed at a height that is consistent with wall signs on the same and adjacent buildings, not on a raceway, and with no background, all which are encouraged in the Design Guidelines. The total square footage of the proposed and existing signs is the only attribute that does not meet the CBC Design Guidelines. The proposed 57.7 square foot "+ Sephora" sign is within the 60 square foot allowance permitted by the CBC Form- Based Code. The accumulation of the proposed sign and the existing Kohl's sign is over the allowance; however, the Kohl's sign was permitted under different zoning regulations and was conforming at the time of installation. 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 March 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 6-0-1, to recommend approval of this request. 1. The sign shall be installed substantially as shown in the plan set, entitled "Kohl's + Sephora", prepared by Jones Sign Company, and dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Existing foundation landscaping shall remain and be maintained. Any modification to the existing landscaping shall be reviewed and approved through the Development Services Center of the Department of Planning and Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i i Submitting Department/Agency: Planning Department 4/112 City Manager: IIVIBApplicant Joe White Agenda Item Property Owner Pembroke Square Associates, LLC Planning Commission Public Hearing March 8, 2023 City Council District 9,formerly Bayside i i Virginia Beach Request Alternative Compliance (To allow for wall signage larger than what is permitted by the CBC Form-Based Code) " , - :::t 4 cr Q�=�,io 0 Staff Recommendation 4. r Q tel. i Approval 4110i 4' 3/`� 3 M. TAM Ili 1 —0 Staff Planner 1 W 'V Brandon Hackney „t ` Z ,„ 1-18w4r , Location 0 1 SECOND ST i 4564 Virginia Beach Boulevard - VIRGINIA BEACH BLVD c GPIN $ANKIMP O .c W ftri 1477554898 • =ussr - . T SOUTHERN BLVD Site Size MANDAN RD a I NINA• SEGOVIA CT CONESTOG4 RD V s TILLM4R 1 23.88 acres t y� ° _ ' $ Al C U Z 0,, P evC_O a�`�`fet� Less than65dBDNL o " \ U, —"" i Watershed Chesapeake Bay Existing Land Use and Zoning District ,W`_,; 1.-,, ,� ,,.. -fo. 14. Shopping Center, Retail /CBC Central Business W. • �. - • r 0. pp ga_.,¢ sr Core � °•lc I, L s . \tr. . '.� ,'.� ... ICY .- r# 'CCRP°RAT!..^, _ JE NNE ` .: • ___ - ¢...i r .r ,f7TA 1". nit Surrounding Land Uses and Zoning Districts Ad. -' t, ,; •;. -1:, ., 0 ,. "#'. fib"-• �'�~ ._..} � North �. J'a 1, r•° • -i ail. '- 1 ..� ..t - Shopping Center/CBC Central Business Core „_-•_ a•o .�� ., .;. _ • •r- South _T . .. x.' r _ -sf 1 x c, r I 1 I Virginia Beach BoulevardIlli►' t ' • '�—"�'-f Retail, Restaurant, Office/CBC Central Business a ; - -.i,,`, • yµ3 T.,i � Z -`* _, .— i Core . Z�. t D �w - ,s , - {� r �„Latt,A i East — W :U` •- VRGIN BEA- BLUE) F _... """- Constitution Drive ,r i.it "'1 t i ;, ~ - 0 °j� g r Shopping Center/CBC Central Business Core -`� *4 o:�` _Air. r •Tgrs. ; _. - West , : = Z;. .� ram. ,_ �1►�.�,— - � �`" _ „ , ;_ Us; , •_ At Shopping Center/CBC Central Business Core Joe White Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting wall signage larger than the 60 square foot maximum size permitted under the CBC (Central Business Core) zoning regulations. There is an existing 160.1 square foot wall sign on the facade. The applicant is requesting an additional 57.7 square foot sign below the existing sign, which would total 217.8 square feet of wall signage. Section 2205 of the City Zoning Ordinance allows for City Council to grant special exception of alternative compliance for signage that does not conform to the signage regulations of the Central Business Core Form-Based Code. • The Kohl's store is within the Pembroke Mall, which according to City records,was developed in 1965. Kohl's signage was installed under the previous zoning regulations, prior to the property being rezoned to the Central Business District Form-Based Code. Kohl's has since opened a Sephora section within the store and would like to add the requested "+Sephora" 57.7 square foot sign to the existing wall signage. • The applicant submitted the proposal to the Central Business District Association's Design Review Committee on November 4th, 2021,which recommended approval. Zoning History # Request '13- -.111■ •a s';i'R•r�Q` •v1 it. ' ;c' . •o PA , 0frfiffier.11S--..,4-"i ;�- r�� 1Sti'wr.- 1 CUP(Indoor Commercial Recreation)Approved a. � '. � + �p� CFmtl ,�� 3 O2 2 ALT(Freestanding Sign)Approved 02/05/2019 _ u I:o 6�a 3 CUP(Indoor Commercial Recreation)Approved N: 0 83 83 'ik �� B3 U IN 03/17/2015 ,�1 3.: _ 4�1— REZ(B-3 and B-3A to CBC)Approved 02/25/2014 4:I 1��fii�� CUP(Religious Use)Approved 02/26/2013 % .r �4 30 4 CUP(Open Air Market)Approved 02/26/2013 C a.�,��,/r'• 5 MOD Approved 12/01/2015 CBC ��% I `Trp 1 // e , CUP(Private School)Approved 01/22/2013 �� c 1 � icy `o., U _P._ CUP(Automobile Service)Approved 04/08/1997 VIRGINIABEACli_E --- — 7135_ - - 6 REZ(B-3 to B-3A)Approved 05/10/2005 w, It_ c k l 3 r7 MOD Approved 01/08/2013 ec -- e 'i � l _ = .;ir_.___ CUP(Private School)Approved 07/11/2006 1 CBC \I'c8•, cec) CRC I PI REZ(B-3 to B-3A)Approved 02/08/2000 8 CUP(Multi-family Home)Approved 01/08/2013 REZ(B-3 to B-3A)Approved 10/10/2000 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 Section 2205 of the Zoning Ordinance specifies standards to be considered for Alternative Compliance applications in the CBC District. The standards require City Council to evaluate the degree to which the proposal advances the goals and objectives of the Pembroke SGA Plan and Comprehensive Plan and whether the proposal is consistent with the CBC Design Guidelines. Section 5.18 of the Central Business Core District Design Guidelines provides recommended standards for wall signage. The proposed signage substantially meets the criteria listed, aside from the allowable square footage.The proposed sign Joe White Agenda Item 11 Page 2 is within a blank area of the façade, placed at a height that is consistent with that of wall signs on the same and adjacent buildings, not on a raceway, and with no background, all which are encouraged in the Design Guidelines. The total square footage of the proposed and existing signs is the only attribute that does not meet the CBC Design Guidelines. The proposed 57.7 square foot "+ Sephora" sign is within the 60 square foot allowance permitted by the CBC Form-Based Code.The accumulation of the proposed sign and the existing Kohl's sign is over the allowance; however, the Kohl's sign was permitted under different zoning regulations and was conforming at the time of installation. Based on these considerations and the recommendation provided by the Central Business District Association's Design Review Committee, Staff recommends approval of the application, subject to the conditions listed below. Recommended Conditions 1. The sign shall be installed substantially as shown in the plan set, entitled "Kohl's+Sephora", prepared by Jones Sign Company, and dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Existing foundation landscaping shall remain and be maintained. Any modification to the existing landscaping shall be reviewed and approved through the Development Services Center of the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located within the Pembroke Strategic Growth Area. CBC District Design Guidelines exist to provide guidance for signage in this area of Virginia Beach. While the added "+Sephora" is 57.7 square feet, thus complying with the maximum square footage requirement for wall signs, when combined with the existing "Kohls" wall sign,the proposal exceeds the maximum allowance for square footage by 157.81 square feet. Given that the proposal exceeds the maximum square footage for wall signs laid out in the CBC District Design Guidelines and does not comply with the legibility and color guidelines,the Comprehensive Plan does not support this proposal. Public Outreach Information Planning Commission • The applicant/applicant's representative submitted the proposal to the Central Business District Association's Design Review Committee on November 4, 2021 to discuss the details of the request. A letter of support was provided to Staff by the CBDA DRC as a result. Joe White Agenda Item 11 Page 3 • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • 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 March 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 2, 2023 and April 9, 2023. • 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 April 3, 2023. • 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 April 14, 2023. Joe White Agenda Item 11 Page 4 aJ .--I Lr1 -c E on a a ✓ -- O ca c a on Q BUILDING ELEVATIONS --._ .-___ LEAVE LETTERSET FACING CONSTITUTION DRIVE AS-IS le ®KOHL'!% "� 1 S� 1► .. - , A7/ ,. ... - '. Li l-.�:.'- exlsTp3 ELEVATION(CONSTITUTION DRIVE) <Y xALE N rs - 1".=..Inc. 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Q M ------------ -- ------------ Joe White Agenda Item 11 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAM E Joe White DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 _Planning Commission and City_Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE I Ei REVISIONS SUBMITTED DATE: Joe White Agenda Item 11 Page 8 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Joe White If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Pembrooke Square Associates LI If an LLC, list the member's names: Page 2 of 7 Joe White Agenda Item 11 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) See attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation? See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p' p, parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (III) there Is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entitles."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Joe White Agenda Item 11 Page 10 Disclosure Statement PEMBROKE SQUARE ASSOCIATES,LLC Shenandale Associates, LLC,Vincent R.Olivieri,Manager John E.Olivieri and Michael V.Olivieri,as Trustees of the Richard E.Olivieri Marital Trust dated September 5,2018 Emilio Olivieri Family Company No. 1,LLC,John E.Olivieri,Manager Robert Vincent Olivieri,as Trustee of the Robert Vincent Olivieri Revocable Trust dated December 22, 2004 Blue Ridge Associates of Virginia,LLC,Frederick J.Napolitano,Operating Manager Vincent A.Napolitano,Frederick J.Napolitano II and John C. Napolitano as Trustees of the Irrevocable Trust Agreement,dated as of January 30,2002,creating the Frederick J.Napolitano Irrevocable Trust- 2002 for the Benefit of Theresa Napolitano Hudgins Vincent A.Napolitano,Frederick J.Napolitano II and John C.Napolitano as Trustees of the Irrevocable Trust Agreement,dated as of January 30,2002,creating the Frederick J.Napolitano Irrevocable Trust- 2002 for the Benefit of Vincent A Napolitano Vincent A.Napolitano,Frederick J.Napolitano II and John C.Napolitano as Trustees of the Irrevocable Trust Agreement,dated as of January 30,2002,creating the Frederick J.Napolitano Irrevocable Trust- 2002 for the Benefit of Frederick J.Napolitano,II Vincent A.Napolitano,Frederick J.Napolitano II and John C.Napolitano as Trustees of the Irrevocable Trust Agreement,dated as of January 30,2002,creating the Frederick J.Napolitano Irrevocable Trust- 2002 for the Benefit of John C.Napolitano 10/25/21 Joe White Agenda Item 11 Page 11 Disclosure Statement 1VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I LJ Accounting and/or preparer of LJ your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nI-I Construction Contractors I I X Engineers/Surveyors/Agents Financing(include current l�l mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Real Estate Brokers/ LJ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Joe White Agenda Item 11 Page 12 Disclosure Statement Iiii3 : Virginia Beach CERTIFICATION: ---- --._._ —. j I certify that all of the information contained in this Disclosure Statement Form is j complete.true,and accurate. I understand that, upon receipt of notification that the application has been j scheduled for public hearing, I am responsible for updating the information 1 I provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 1 Application. APPI IC 1'S S NATURE -PRirT NAMr GATE F'i:ce 5 of. Joe White Agenda Item 11 Page 13 Disclosure Statement lk/B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I n X Accounting and/or preparer of I your tax return X Architect/Landscape Architect/ '— Land Planner Contract Purchaser(if other than ❑X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ln purchaser of the subject property I I I/\I (identify purchaser(s)and purchaser's service providers) UConstruction Contractors Engineers/Surveyors/Agents Financing(include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n u Legal Services Real Estate Brokers/ n Agents/Realtors for current and • l�l anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development I I I 1 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Joe White Agenda Item 11 Page 14 Disclosure Statement *NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ I _.:Ut--C,`"----- ...>— 2 Frederick J. Napolitano <2I 15/A3 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Joe White Agenda Item 11 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. Joe White Agenda Item 11 Page 16 Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Item # 11 Joe White (Applicant) Pembroke Square Associates, LLC (Property Owner) Alternative Compliance Address: 4564 Virginia Beach Boulevard RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Next item is number 11 is Joe White, Pembroke Square Associates, LLC for an Alternative Compliance. Is there a representative? Yes sir. Mr. White: Hi, I'm Joe White. I'm representing Kohl's and the additional square footage of the Sephora logo to name and to their signage, just looking for additional square footage. Mr. Horsley: So are the conditions acceptable? Mr. White: Yes. Mr. Horsley: All right. Thank you, sir. I've asked Mr. Parks if he would read this one. Mr. Parks: Thank you. The applicant is requesting wall signage larger than 60 square feet, which is the maximum size permitted by the Central Business Core Zoning Regulations. There's an existing 160.1 square foot wall sign on the facade. The applicant is requesting an additional 57.7 square foot sign below the existing sign, which would total 217.8 square feet of wall signage. Section 2205 of the City Zoning Ordinance allows for City Council to grant special exceptions to Alternative Compliance for signage that does not conform to the signage regulations of the Central Business Core Form Based Code. This additional signage will keep in with the branding for Sephora and Kohl and with no opposition and CBC approval. The Planning Commission recommends, and staff recommends this be on the consent agenda. Mr. Horsley: Thank you sir. Mr. Horsley: Thank you. That now concludes the consent agenda. Mr. Alcaraz: Yeah, read the numbers that are in consent please. Mr. Horsley: All right. The item numbers on consent, item number one, number three, number four, number five, number six, number seven, number eight, number nine, number 10, number 11, number 12, 13, 14, 15, 16, and 17. Mr. Alcaraz: All right, thank you. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Horsley: So moved. Mr. Plumlee: Second and I do have four items to abstain from. Mr. Alcaraz: We have a second by Mr. Plumlee. Okay and then any abstentions,and that would be Mr. Plumlee. Go ahead. Mr. Plumlee: I abstain from items 4, 11, 14, and 15. I don't know if that means you need a second on those, separate from mine, okay, good. All right, thank you. Mr. Alcaraz: All right, so we have a second. Madam Clerk: Thank you. The vote is open. Mr. Alcaraz: Oh sorry, hold. Mr. Clemons voting screen is not working. Can you take his verbal? Madam Clerk: Oh, Mr. Clemons, I'm sorry. Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. And to clarify, Mr. Plumlee, you're abstaining from four items 4, 11, 14, and 15? Mr. Plumlee: Correct. Madam Clerk: Okay. Mr. Alcaraz: That's correct. Madam Clerk: By vote of seven to zero agenda items one, three, five, six, seven, eight, nine, 10, 12, 13, 16, and 17 have been recommended for approval by consent by a vote of six in favor, zero against with an abstention by Commissioner Plumlee, agenda items 4, 11, 14 and 15 have been recommended for approval by consent. AYE 6 NAY 0 ABS 1 ABSENT 0 Alcaraz AYE Clemons AYE Coston AYE Cuellar AYE Horsley AYE Parks AYE Plumlee ABSTAIN CONDITIONS 1. The sign shall be installed substantially as shown in the plan set, entitled "Kohl's + Sephora", prepared by Jones Sign Company, and dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Existing foundation landscaping shall remain and be maintained. Any modification to the existing landscaping shall be reviewed and approved through the Development Services Center of the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OR OR Q OR OR treat Atb S e/t 10 r s t ! Apt �, \ , CD Q II& 7 i :' 5 OR // as'‘., . -OR OR 0/ Zi17 OR OR 1 , / / es \ / \ - OR OR . 1 treat / 3rd S r --\ G OR-OR N VA Site w�1hE Property Polygons Ocean Chillin, LLC No 303 Atlantic Avenue, Unit 300 s Zoning Building Feet 0 15 30 60 90 120 150 180 ►L.f,v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OCEAN CHILLIN, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental)for the property located at 303 Atlantic Avenue, Unit 300 (GPIN 24273224031510). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: April 18, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within the Dolphin Run Condominium located at 303 Atlantic Avenue. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower. Several of the units within the condominium tower have received approvals for Short Term Rental Zoning Permits. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit, in the attached parking deck. According to Section 2303, (b)a., ii. of the Zoning Ordinance, the Zoning Administrator may allow certain condominium properties which have historically operated as short term lodging units to provide 1 parking space per dwelling unit rather than the 2 spaces per bedroom typically required for short term rentals. Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements. 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 March 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 7-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 300 and the Short Term Rental use shall only occur in the principal structure. Ocean Chillin, LLC Page 2 of 4 2. An annual STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) 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 Department of Planning and Community Development; however, the 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning 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- Ocean Chillin, LLC Page 3 of 4 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.AII 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 Department of Planning and Community Development 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 and Community Development shall only be required to be inspected every three years. The inspection for compliance with the Ocean Chillin, LLC Page 4 of 4 requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Department of Planning and Community Development 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 Department of Planning and Community Development 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ( ,) Submitting Department/Agency: Planning Department i City Manager://i e Applicant & Property Owner Ocean Chillin, LLC Agenda Item Planning Commission Public Hearing March 8, 2023 City Council District 5,formerly Beach 12 ritu,,r Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation t 120 sc Lie-014" i1� < Approval `-R PinewoodDrive-2 i -- Yi N dk. nut iiiii\ \ Staff Planner Garek Hall Hannigan �--� _Ave�� - 6,,saeek Location �,t9.nB - (�� 50,street 303 Atlantic Avenue, Unit 300 : 3�—� '"� ."set d Set 24273224031510 .. -- .c.i'cipi Site Size o° a b rl 45,000 square feet °zg, s oil y 1. Existing Land Use and Zoning District ' Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 4th Street(Connector Park) Multi-Family Dwellings/OR Oceanfront Resort Cit ,,•; South i,• •1 3rd Street (Connector Park) tree _:, , Hotel/OR Oceanfront Resort x y 1, L �'" t , East i r�� A ' bd ft , Boardwalk I p' % ,Atlantic Ocean, Beach "� u 1 West .r. i, , Atlantic Avenue ` Civic Use, Public Use/OR Oceanfront Resort # ittill .4.: , idswe ,' j k - , 'ft, • i.,1'iwil " ( '- ,---! . Ocean Chillin, LLC Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom unit, located within the Dolphin Run condominium tower, was constructed in 1975. • Staff inspected the site on February 8, 2023 to observe site conditions. • On-street parking is not permitted on this portion of Atlantic Avenue. • There are no past violations for Short Term Rental use associated with this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of February 9, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE N/A No No Short Term Rentals in the Vicinity ', t.- ___,�_ \%; 4 . 001 `N -= rn tiby*E .I. If .Aitt ez - - 4 ---dok, i f ..\.':- . Al iips 4l.• vox Short Term Rentals / 4 \J! 111 - _1111111 0 sn oe.. '7 . l+ i CUP Statueoil > �� - 4 wed • Dryad , ill - �r / Ocean Chillin, LLC Agenda Item 12 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 and Article 2300 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 • Number of off-street parking spaces provided: 1 Zoning History 4 # Request OR 1 COA(Colocation of Antennas)Approved 02/20/2017 1 2 NON(Enlargement of Nonconforming Use)Approved 1 •thwoo 04/12/2005 --1 NON(Enlargement of Nonconforming Use)Approved 01/12/1993 'Q ` 2. P. 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 le / k MOD(Modification of Conditions)Approved 02/14/1995 ; j oR STC(Street Closure)Approved 02/09/1993 MOD(Modification of Conditions)Approved 06/23/1992 s"st CUP(Outdoor Recreation Facility)Approved 05/26/1992 CUP(Outdoor Recreation Facility)Approved 03/24/1992 REZ(B-5 to H-2)Approved 06/11/1984 4 CUP(Communication Tower)Approved 03/14/1995 5 REZ(B-5 to H-2)Approved 12/17/1984 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 applicant is requesting to operate a three-bedroom Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower, along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. Since the site is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is expected. 303 Atlantic Avenue, Unit 300 was constructed in 1975.The unit shares the parcel with other condominium units in the building,several of which have received approvals for Short Term Rental Zoning Permits.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4th Street Connector Park to the north,the 3rd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. 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 Ocean Chillin, LLC Agenda Item 12 Page 3 walkable,vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit, labeled Space C4 on the third floor of the attached parking deck. According to City of Virginia Beach Zoning Ordinance,Appendix A,Article 23, Section 2303, (b),a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties,the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore,only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 300 and the Short Term Rental use shall only occur in the principal structure. 2. An annual 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 unit 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 Department of Planning and Community Development; however,the 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 Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and Ocean Chillin, LLC Agenda Item 12 Page 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development and shall be provided during the yearly permit process. Ocean Chillin, LLC Agenda Item 12 Page 5 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. 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 and Community Development/Development Services Center and Department of Planning and Community Development/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023, and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • 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 March 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 2, 2023 and April 9, 2023. • 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 April 3, 2023. • 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 April 14, 2023. Ocean Chillin, LLC Agenda Item 12 Page 6 Site Layout & Parking Plan lk ::, 416.:• •., , ' ,._'- Se , .----'',...----- %tali le , , * ..tr 1, A , ,... pp i,vi. y,..... . ., . ''++..•,� F _ - - 'art fie. max �� 't f r YP�� '' b f 6 1 A! k f r �' 1 • .' ..‘4 $ \0 ega .:- 7:1 ' .ap...i..: ' v,,, if 1,.. 1..,.. ,... „:„r..,. . -_' at ..--* 1111. ig . _ \_______ . •• •, k \ - 7 I \ , 1111 -, 1" 471 . it l 4 ^ 1 .•-,4, t till . $.' Ilk . s iltruir , x • One assigned space on third - 1) s �' floor of parking deck-C4 -�'�' a • Historical exemption to ,1,,.. a r` - requirements; only one space - , needed _...digaimilla ; Allik . .1 , ....- Ocean Chillin, LLC Agenda Item 12 Page 7 Site Photo .: momer w*41 Z %IP II IllAir .. %up I • • lair 't 411JIP • • . --,- - I • ,,' . I -,..„...::::,....\ :I :‘,. v'\ • `-.‘ . I 1 -i'lw II l • i ; .. • a , i . • • 11 a • , I I ti ia t RN a • , 6......,;Lap ...,, ______„,„ r-1 stivi itimm,nwirtew ell V egi 1 lair . • r I I • • ,, vanimii 1 . -- t ';. .' *'. -, , ‘ , Ili it ti. Igg lams . , . . 1, , ,,„, . aim& • . 303 ;- il• : ,' ., _ . . , ...> .• 5.. .............r.. ji iv ' - ... • . . - . Ocean Chillin, LLC Agenda Item 12 Page 8 Disclosure Statement Disclosure Statement coy r .a. Pinning&Common _- De eIopment The disclosures co.ta ned in th s form are necessary to inform public officia s who may vote cn the application as to whether the', have a conflict of inte+est under Virgin a law. The ccmpletion and suomission of this form is recu rec for al applications that pertain tc City real estate matters or to the development a-id/or use of prope•ty in tyre City cf sii,gi,ia Beach requ ring action oy the City Co_ncil or a City board.commission or ct+er body. Applicant Disclosure Applicant Name Ocean Chillin,LLC Does the appl-cant have a representative? in Yes U No • It yes.hst ttir rare e 3t the represrnte.io- is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?NI Yes ❑No • I!yes.list the names of all officers,directors.members.trustees.etc below. (Attach a list It necessaryI .t.a• C .,.i r.Owner • It yes.hst the bLsrr«Nsr.that have a parent-subsidiary:w atfdiate:1 busir=ess entity'relationship with the appti..ant_ tAttach a list if netessaryl 'Patent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly awns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-31OL 2 4Affrliated business entity relationst 'means'a relationship,other than parent-subsidiary relationship,that exists when(if one business entity has a controlling ownership interest in the other business entity,lift a controlling owner in one entity is also a controlling owner in the other entity,or tint 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 currmingled funds Of assets;the business entities share the use of the same offices or employees or otherwise share adivitrrs,resources or personnel on a regular basis;or there is other wise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act.Va. Code t 2.2-3101. Revised 11 09: 1 I Ocean Chillin, LLC Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement qkt13 Vreprei ram Planning&Community Development Known Interest by Public Official or Employee Does.t t official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent urn the subject publ..action?❑Yes II No • If yes,what is the name of the t1!ficial or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the apple Lam have any existing financing(mortgage,deeds of trust,cross-collateralizatiori,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? III Yes ❑ No • II yes,identify the financial institutions providing the servK.e. Southern Bank 2 Duc tI c aupli.anl have real estate b-okeriagent/realtor fur_?anent aria 4eticipated future sales of the subject property? D Yes I No • I t yes,identify the company and Individual providing the service. 3 Dues the applicant have services for accounting and/or preparation of fax returns provided in connection with the subject of the application or any business operating ot to be operated on the property?111 Yes D No • It yes,identity the firm and individual providing the service. Dale Karsten.Tax prepater for Income Taxes.Dolphin Run Condominium Association for Rental Taxes to City G. Dues the applr_ant have services burr..: architectrlandscapea-chitect1and planner provided in LJnnettr.rf with the subject ref the application or any bwrness operating:,r to be uper,slr utr the prupertr+?❑ Yes U No • II yes,identify the firm and individual pruviling the service. 5. Is there any other pending or proposed purchaser DI the subject property?❑Yes 111 No • It yes,identity the purchaser and purchaser's service providers. Revised 11.09.M20 2 I I Ocean Chillin, LLC Agenda Item 12 Page 10 Disclosure Statement • Disclosure Statement \43 Planning&Community Development 6. Does the applicant haven constructioi contractor -r c:xmectior=with the subject of the application or any business operating of to be operated on the property?❑Yes No • If yes,identify the company and iridividual providing the service. 7. Does the applicant have and n' eerlsonsayorfagent in connection with the subject of the plkallun or dri bi siresr operating of to be operated on the property?D Yes 1.No • If yes,identity the firer and individual providing the service. 8 Is•l.r applicant rrtiei- regal services rr col lion with the sub,eit of the applLattor ur drry busirreta:.'per.it rg Iu Lr upetaled on the property ❑Yes NO • II yes,identify the roar ar m arch,i 1i el oruvr;rt:g the service. Applicant Signature I certify that all of the information contained w thb Dis•iusure Statement ruin,is complete.trt e.and.rI-r u,ate. I t ter:.turd chit. upon receipt of notification that the ar,pliL.:tiurr han beer publ+:hrarmh.I am responsible for updating the information provided herein two weeks prio*to the meeting of Planning Cornmission,City Council,VBDA,(WA,Wetlands Board or any puo is body or committee i n connection with this app ication. 'ram / C , Applicant Signature `.1�tk D..anr Ow-lei 0_e ill Chalk'LLC -Print Name and Title --_ --_- ---- --- -----1f:3.2u33 Date Is the applicant a°sc the owner of tie subject property? U Yes D No • I yes,you do not need to fill out the owner discicrsure statement. FOR aTY USE ONLY/A/disc roust be updated two(2)weeks prior to any Planning Comnrssion and Cry Council meeting that pertains to the applications its 4D_-nee des csa o°rte 3/29/2023 srgnatrure t-= '/ r�•�.vti► o..r- Prrytrl•ene parek Hall Hannigan Devised 110.2020 Ocean Chillin, LLC Agenda Item 12 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 Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. Ocean Chillin, LLC Agenda Item 12 Page 12 0_ < J z J z = re --- �- who i Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Item # 12 Ocean Chillin, LLC (Applicant& Property Owner) Conditional Use Permit (Short Term Rental) Address: 303 Atlantic Avenue, Unit 300 RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Next item is item number 12, Ocean Chillin, LLC, Conditional Use Permit for Short- Term Rental. Ms. Lane: Good afternoon, Michelle Partridge Lane representing Ocean Chillin, LLC Short- Term Rental Conditional Use Permit, and all conditions are acceptable. Mr. Horsley: Thank you, ma'am. We've asked Ms. Cuellar if she would fill in for Mr. Wiener since he retired as a short-term rental specialist. Ms. Cuellar: Quite a few applicants today for Short Term Rentals. In review of the applications, we found that all of the applicants are in compliance with the zoning for a Short- Term Rental at the oceanfront and there is no known opposition. All of which are approved for recommendation on the consent agenda. Mr. Horsley: Thank you. That now concludes the consent agenda. Mr. Alcaraz: Yeah, read the numbers that are in consent please. Mr. Horsley: All right. The item numbers on consent, item number one, number three, number four, number five, number six, number seven, number eight, number nine, number 10, number 11, number 12, 13, 14, 15, 16, and 17. Mr. Alcaraz: All right, thank you. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Horsley: So moved. Mr. Plumlee: Second and I do have four items to abstain from. Mr. Alcaraz: We have a second by Mr. Plumlee. Okay and then any abstentions,and that would be Mr. Plumlee. Go ahead. Mr. Plumlee: I abstain from items 4, 11, 14, and 15. I don't know if that means you need a second on those, separate from mine, okay, good. All right, thank you. Mr. Alcaraz: All right, so we have a second. Madam Clerk: Thank you. The vote is open. Mr. Alcaraz: Oh sorry, hold. Mr. Clemons voting screen is not working. Can you take his verbal? Madam Clerk: Oh, Mr. Clemons, I'm sorry. Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. And to clarify, Mr. Plumlee, you're abstaining from four items 4, 11, 14, and 15? Mr. Plumlee: Correct. Madam Clerk: Okay. Mr. Alcaraz: That's correct. Madam Clerk: By vote of seven to zero agenda items one, three, five, six, seven, eight, nine, 10, 12, 13, 16, and 17 have been recommended for approval by consent by a vote of six in favor, zero against with an abstention by Commissioner Plumlee, agenda items 4, 11, 14 and 15 have been recommended for approval by consent. AYE 7 NAY O ABS O ABSENT O Alcaraz AYE Clemons AYE Coston AYE Cuellar AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 300 and the Short Term Rental use shall only occur in the principal structure. 2. An annual 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 unit 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 Department of Planning and Community Development; however, the 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. z 14h ✓l a) a) LL0 h III0 co c 0 � N N 0 � Q 0 to venue Ntlan 0 o Cr) ° o 00 N [ 1 �L� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MICHAEL BIONDOLILLO [Applicant] HELEN A. LEWIS [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2113 Atlantic Avenue, Unit 2C (GPIN 24271868788240). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: April 18, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 1,235 square foot Short Term Rental unit within the Kamla Condominium building located at 2113 Atlantic Avenue. • Considerations: The applicant is requesting to operate a Short Term Rental in a two-bedroom, 1,235 square foot unit within a 15-unit condominium development located east of Atlantic Avenue. Currently, 13 of the 15 units are used as short term rentals and most have been operating in this manner without incident since the building was constructed in 1984. Kamla Condominium is one of the condominium properties granted a historical exception per Section 2303(b)(a)(ii), the Zoning Administrator has reviewed the parking plan and deemed it acceptable. Each unit in the building has one reserved parking space. 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 March 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 7-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 2C and the Short Term Rental use shall only occur in the principal structure. 2. An annual STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. Michael Biondolillo Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) 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 Department of Planning and Community Development; however, the 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning 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. Michael Biondolillo Page 3 of 4 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except 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 Department of Planning and Community Development 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 and Community Development 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 Department of Michael Biondolillo Page 4 of 4 Planning and Community Development 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 Department of Planning and Community Development 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C{},(i0/ - City Manager:ft-P Applicant Michael Biondolillo Agenda Item Property Owner Helen A. Lewis Planning Commission Public Hearing March 8, 2023 13 cira.i City Council District: District 6,formerly Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 300,stfeet 2gth Street Approval 1. 28th s"eet Staff Planners a y,thst�eet 0 G a re k Hall Hannigan r Z6th streeZSth viol str !— 15tt'Street 28th%wit Location st"�I z3�st ` 2113 Atlantic Avenue, Unit 2C °"' a30 street T — �"d s eet k. ��wi - GPIN b = 24271868788240 � �111 Site Size / i100. a,,levard 8,367 square feet _ae"s°`he 1111 h scree 16t ... tAth gtRe Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts F. - t Northft ti 22nd Street Connector Park It. , '•1 e Multi-family dwellings/OR Oceanfront Resort .:'� ` _ South 4- ,.0. �� Hotel/OR Oceanfront Resort , ,, -I li o ! . East - :, Boardwalk - b.:61'i -', Resort beach,Atlantic Ocean _� �`�� ` -- ; "`A ` West kv.„,not' ,.. ....,,• . x Atlantic Avenue Convenience store, retail shops/OR 4.. ,,t y)'1 Oceanfront Resort \ 1 tea, Ill Michael Biondolillo Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • The subject site is 8,367 square feet in the Oceanfront Resort District. • The six-story multi-family structure, known as Kamla Condominiums, has 15 two-bedroom units and was constructed in 1984. • There are 25 parking spaces on site, 15 are reserved for the individual units and the remaining 9 are shared. • The entrance from Atlantic Avenue is gated,giving access only to owners and their guests. • Staff inspected the site on February 8, 2023 to observe site conditions. • On-street parking is not permitted on this portion of Atlantic Avenue. • No past zoning violations or City Council actions were found for this property. • Known Short Term Rental activity as of February 8, 2023: CURRENTLY ADVERTISED LAST KNOWN REGISTERED WITH THE RENTAL COMMISIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity _ St{eet ,:, — 26th t 26o street eet ; 25th t{ t_stt 25th$Meet 24th Nast Street ' 24th street 's. 2.40 street 23td Na1t street 23cd Stte t Sttet 'Si � _ F lD salt `•. �-- - G - `, ' 21 t ►R \ c rt Short Term Rentals ggt CUP Status 00 • Aoom.w. 4 18thUndo.a.�,.n. street Michael Biondolillo Agenda Item 13 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-bedroom, 1,235 square foot Short Term Rental unit on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and Article 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 p.m.: 4 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 • Number of on-site parking spaces provided: 1 040. Zoning History # Request •bR ` „a��°� � ��%j%, 1 CUP (Bar/nightclub)Approved 01/14/2003 n 1 2 CUP(Outdoor Recreational Facility)Approved 06/13/2000 - 3 3 CUP(Outdoor Recreational Facility)Approved 11/28/2000 CUP(Outdoor Recreational Facility)Approved 02/23/1999 OR 4 CUP (Short Term Rental)Approved 11/17/2021 7\ - -12.1-r:4\ - Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a two-bedroom, 1,235 square foot unit within a 15-unit condominium development located east of Atlantic Avenue. Currently, 13 of the 15 units are used as short term rentals and most have been operating in this manner without incident since the building was constructed in 1984. Each unit in the building has one reserved parking space and there are nine additional parking spaces available on a first- come,first-served basis. The parking lot is gated,giving access to the property owners, property manager, and approved renters only. Since most renters are families who travel together in one car,this parking arrangement has functioned well for over 30 years. During a typical week, less than half of the occupied units bring two cars. In the event that the lot is full,guests are directed to the nearby 25th Street Municipal Parking Garage, which is within one-quarter mile of the complex. Per Section 241.2(1) and Section 2303 (B)(a)(ii) of the City Zoning Ordinance,the Zoning Administrator has reviewed the parking plan and deemed it acceptable. Since the site is located east of Atlantic Avenue, where the predominant use is hotel,the proposed Short Term Rental is compatible with the surrounding properties and would not have an adverse impact on residential neighborhoods.The Michael Biondolillo Agenda Item 13 Page 3 subject property is also located in the Central Beach District of the Resort Area.The resort-oriented mixed-uses and activities in the Central Beach District plays a key role in achieving the goal of a year-round resort established in the Resort Area Strategic Action Plan (RASAP) 2030.The use of the unit as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. As the property is under a condominium form of ownership,the board's President's signature, authorizing the application of a Conditional Use Permit for the Short Term Rental, is required and was provided. The requirements of Section 241.2 and Sections 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 2C and the Short Term Rental use shall only occur in the principal structure. 2. An annual STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)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 Department of Planning and Community Development; however,the 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 Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning 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. Michael Biondolillo Agenda Item 13 Page 4 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. Michael Biondolillo Agenda Item 13 Page 5 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 and Community Development/Development Services Center and Department of Planning and Community Development/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Michael Biondolillo Agenda Item 13 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023, and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • 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 March 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 2, 2023 and April 9, 2023. • 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 April 3, 2023. • 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 April 14, 2023. Michael Biondolillo Agenda Item 13 Page 7 Site Layout & Parking Plan ,. _. -..-7/-.- :-----7- .--- 1 4..........i.. - ..— tt - ; 0 1,.. t ED -1!9 , n FE) ficeill, K14/1 IMI UM Z *? - til 1 7=.....r)r---- , I ; *--.7. , D:. r � Vl d �i I i �' i - i A }%= i wR j if �rt _ • PF1 Piti It:. y r.. n�fK! Q}� .. MnM , E ,-M i t r Y [t �t Kamla has a total of 24 parking spaces;each of the 15 units has one assigned parking space, Each unit has 1 assigned parking space,there are 8 unassigned"guest spaces"and one managers space that can be used if needed. 4 units aren't used for short term rentals and if they will be vacant,their parking spaces can be used. Each unit is limited to having a maximum of two cars in the parking area. During a typical week,less than half of the occupied units bring two cars. Saturdays are"turnover"days and property managers/owners are required to give the Association a list of occupants and cars for each unit. Michael Biondolillo Agenda Item 13 Page 8 Site Photos -.: ;..._. .. . , ,. -:,..... .. . • , .. marja‘ 0_. . ----ir--77-7.11,____ _ I 1 1! i ,..„.,..,„ I i i . -14114 - i, il I 1 ,.._ F_ sunikr.- /. al -•!: ''' 66.se or ' I ‘. uTri I :;• • -t, :i• . ' • OA . :* --.' I 414. IT II II....,„„,b,., ,r, ]•:4.‘fliiiiiiiht0 1.1 ' _ - - aerwoom---- -.- _________ - I .7,, .•.:-.- -.,.., .,1111 .. ,. I ,- -- I r -' • iiiii -- 1„ ....ri...4.,A iffinn I, pool u — . i,,, a 071 il _IT_ *Is. 't . 4ug ,,ii, I :_, „........:,, 111716,..-. mg . g li H it 111 IiiiiiWWW • : aassiniel -II, 'Iliiiti:;'7' T111111111'711i A i r rillffillw.' taimitimispo ---. - --- - - ---' '11111111111'„ ._. . , - _.. ..._ Michael Biondolillo Agenda Item 13 Page 9 Site Photos "1111111 -e ' NI , -- - _ , I:lIlrii. _--- ,_,_ 1 ,11111111111111:'-- . -... ...... .: .. „Wip ,If 1, - , 1 Pihdllippin, klit,-- it .----,,,„ „„„n .. •,...N _ , _. ' !"'''' '6" i'litt-e' '''' -- '1 IF' I'll ' ..:':.- — *-'-:--- 11::'.1- - - - "I-1111W ' '---- ' ,-,,, - -,i„, till 1 ' . ' -;;r =--:• --.-.. abut ______, ----- •- , , ; .t . ___ _,, • _____....... „. . _--;„:_.--,4141- 1-7:----,•„ -'-..,•7_._IJuI -i.f'471,1itif.V. , 4 . .. .. 1 _ ,,.. , . ..., 1 . ,.. , .... . _ ...,.. , , . _ . . - ,„. ,•, ri ` :: i! tffiTtjrd-tcl , ''--9 .,.: : .. . • - • . • 11 rir- "i'...- - , - --- --,-0, , . Bilmiiii------- . t--1-- 1 .1 ,,,,.... 11.• , ---,. , , I ' II i_j. -igW- 111f,- .--. , .....: t.o.1. , .,,, 4-1.71:4F1-1 • --1 ' — I — •' --p,;11.-,.. ' , 7-7 - _ , , -,, ., .411 114,,:• 1.f--r,- . _=, .., , i - 1 ,21,,,.,....„•„ ...,,rr, , ,,... ...- __ i: '''' 'ili. •;8_ E .- ill rf 4118/1,11Lii:lit!1,11.1'1 NN '4-.. -I'iitlitilligul 11111111/11 ''• -_- _ __ 7- -- -- ..kfiti, 1: 1111- . ,--------------___:.----_-_3_--,::---_-_1 'tic., iieelt,- :.1• •,,•,-. 4.fr4kVZ8?,,,Ike, k qf V " loilit r 4&111 , .- 7._ ----- -,-- -----' ''-------7' --' > ->----- - _ 4 ,_, . Michael Biondolillo Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement \113 ctre rwt••a..E Development Ttit dtsdasures contained in this lone in ne[ks ary to Irtnrm p.tblic officals who may vote or,the application as to wheih r they newt a canftir of interest Jnder viir=rnie law T rt.cnrnpinian and sabmtsion of this Corm is rt4Ji'Qd rot all■pp+tcattors that pert.ir tr.Gtv real estate matters or to the dere'lopmert and/or use of or overly in the City of Virginia S each requring action by the City CouiiCi Qf iCity board.cerTYmisstrrrF or other body Appilrartt D scloautt Applicant Nams Irk u- 1. 'LurtaitS ►at4. y_,lt_ 4t...- Oaes the applicant have a repraantaeMS? 113 Yet 0 No • I yes, ist re name of the reprswi curt h tart ap$kaee a cowman,perenerahlp,fi►m,ttrialnttes trust at an et iricarparated basinees?C Yes t_'No a tl yet Ist the rear*es d,ri ottitas,drscto•t.merrecrs,rustees,etc Waal IA'teth a nest r recRs,ery; • ,t Ives,List tt-e businesses tit have porent-aubsdiaine Cr ar.laced b&nets a-eme►dt/:ID-NIle wth the adoi:a=-: ;htt7K" a list If recesssryl ''Psrerttls esicLary ntiationsaice means'a friaturnhla that*ash who-arts torpdrition drIc y ar•ndi'e:tt,ouns shwas mums,nt more that SO percent et the voting,power el arwn/w mrporation" See Mca:e and local Go,r:r",•-cot Coy':c-;:'Intc, , Art VA Cooc Q 2.2 3101 t'A"F islet banns entity reratb p'Mop*'tl releakeishies,other Cyan parent subsliary that eases when 0)one 5.4 oast a-rfty has a wrrtro4Int o■mership Intwrrft is the other business may,Use a centottrtt owner in o^c onto is Musa Contra,ire owner r the cahtr witty.a(aid there is*hared rranaperent or contra brtareen the busress entities Factors that shout be tnnsdered r deytermrrnp the ester Of en atitiimos business entice e atans*ip inct.,de:ha the saga Dersar+or substaitialir the say*person epo r or mauve a the two entice Mart ro ealman ar commeg¢d r.Acis a'assets,the business entities share me use at tie same of ces o-emplatees or aCimdw share acthit resources or porsonne o-a rsgular bags,i shave is mntrrwtrt a dose wcrirg nelexinshiti beneeen the entities' Sae Stars and Blear Gown rrent Conflict W Interests kt ba Cgdo;22 3101. ; F. tom Michael Biondolillo Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement Trrdopm®t Known interest b•, Pubiit oHkiat or Etetmlo.tee Coes an official or bertptoyse col the Mete VI. i Sssd hews ar+intsrast In the cutest lend r sr'Y avcied c kap-.nt cord:intern tr.the sew:t p.,ei;c eCL�iiA�❑Yin CO No + k pm,whM+s the nattiest the elfin*I ar egrepleyee and wti$Is the naturr r she in.e{est , ,IKAM. 0,c osurc 1 Cees tre sppLoint have Mull#ltsstint hewing fie.died*at trust,(Midi c#tartereHtaf0"etc)eir are otey coreiit erst` kyr.ilrintitep f co±uuccian with tt',e whim of the teopiartio'or er y D e nu upet meg o -.r,be aerated a'.tt'e p 't Yew No • t tom,identtfr the tiynwi 4.41rtiatiCalS prt atdly t-4 spry* 2 Does the apoloorn%Teel c reel NOW bne+nrh 'taunt fur current a 42 seci itaeeo fub.re sees of tee sirapbrt proeerh? QYad No • If yes.idr tklr tht Curparep end inda44e,p,cearh- thtt s ;ca. 3. Does the*peke.*t4ialt Strtilces for mounting and/or feeprertien et tad returns yowlers r rnnnecttor with the 11.4s}ect d the seplkatdn sr ate butiNati oneratind or IVbt operated or p+r trtspu tv M Yet 0 No • Il+pos.identify the firm and intl~praidua she MINIM 4. Does the aJikrwt hens Irvl+ea frarr rr afiWtia/landscape arshttect/ta•^d pt,anw wooded sdid In ronnectio wilt!the*deject of eppLoedon or arts busmen cpe'a-zit";or to et operated on the prope-tf£'_: Yes M No • #yes,Identify the tires w inds duel p'oaid-the service S. tt there ant,ot-er pending u,prt,peaad putdtaser t`e sub ect pKoQerty? us r No • It yes.Ederetits the p.rchas r are:pu*t°�assr's or pravicbrs. 2IFes Michael Biondolillo Agenda Item 13 Page 12 Disclosure Statement Disclosure StatementIkhi3 Pla g&Commimity - Devektptnesst 6 Ekes the eathcrnt hi►e a canstruclaer contractor in cgr ork-lion euith the fratiks3 ati the apoiicati€s=or any badness operate;a to be ope tct to the 1 7 0 Yes p No • Now isieralfwthe ciemparif and rrr+rdrd the' 7. coal this appicw►°r Kett an ansereflwevetatfesentIn carrrraClitar+rrtth the subject Of the antiksticr or OfV b+reP*ss atpateans or to be operated on the pit fl V. No • Its,idt y the fire r4 ottlytimei prO 4d.he the se lce is the applicant rectiemi Mot sees It=anrvccton wen the%MeV of;hp*acidulation Of arfy tsus,'hess swat,4 or ere apcsaird an the property!0 Ys$ l !iNO • e yes,eb.rrtify toe item and Indf.dJai provides the sefvcw. Applieant SI s*b we i:e'!rp thee al ei t s intarmatiort eor toem p in tress CiopOsuter Statemect Faem R cnmpiete,trace.and accurate i u*rcerve'd tree. ',pan race pc et nottftKat en that the egg tank"has been schetOJed for pub'c heart% IWO/ppomibi•fo upditnK the ifoorrrsabon pinaded sown eras mom prbr to dee meeting d Plowing Crumttis a;oi,Oty Gtunc'i.YBDA..09 A.WreUads lewd or ore,Welk titittypt eotasolttatt r c oettectkon,r the appllalsio-, gt(14-et.Jf.'Zi-- - Apitiitanl Sipatutlt I cev„rI I f 'r tp.,o O! s 16 CJ 1 P 4'cr, . t' AM 0f.ti J Plir of team*and Title (Zli 5 ,rate Is the applicant also the one+at she t&hitect prbeetty? C Ye's r r o • °r yrs,VOL az,nu:..sed to r'd o,the ewoor decit15,a•f r`'rr. rop> Y #. fa;t.ir- 1 L 4 s__..__i, :.'�'. E ;ci'1 .tar:iptM° .;.,1 that pvtalns to the optivrAtrorr, Xyj ,,,, r;=.ir 3/29/2023 str+.:.n ! �,..� ►yam.._ ern:�anz Garek Hall Hannigan Michael Biondolillo Agenda Item 13 Page 13 Disclosure Statement Disclosure Statement Planning&Cotnnxunity Dev zit Owner Disclosure Owner Name Applicant Name to t.Lsi 4A... De L.> O L ci ) Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes Ili No • I'yes,I,st the names of al officers,directors,rrembeess,trustees,etc.below. lAttach a list rf necessary) • If yes,1st the businesses that have a parent-subsidiary'or affiliated business entity°relationship wth the Owner. iA:cacr ;1st if necessary) Known lnferestby Public Official or Emiloree Does an official or employee of the City of Virginia Beach have an interest In the s bject lava or any proposed deve opme-'t contingent on the subject puoii:action?❑Yes 3 No • It yes,what is the name of the official or employee and carat's lr'r nat..rc 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 corporatio-." See State and Loca Government Conflict of Interests Act,VA.Code 4 2 2 3101 `"Affiliated ossi'ess entity relationship"means"a relationship,other roan parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity.(.i)a controlling owner In one entity is also a cont•ollhng owner'n the other entity,or(iii)there is shared management or control between the business entities Factors that sho,ild be considr-rd in determining the existence of an affiliated business entity relationship Include that the same person or substantially t+e same person own or manage the two entities;there arc common or comrning,ed funds or assets;the business entities share the use o't`te same offices or employees or otherwise share activities,resources o•personnel or a regular basis;or there is otherwise a c ose working relationship between the ent:t►es," See State and Loca Government Corti ct of Interests Act,va Code§2.2-3101. 511'age Michael Biondolillo Agenda Item 13 Page 14 Disclosure Statement Disclosure Statement 'U3 Planning&Comnwity PP- Development Owner Services Disclosure I Does the Owner have any existing financing(mortgage.deeds of trust,cross•collaterelilsation,etc)or are they considering any financing a connect or,w"r the suojeci of tr a app ica:'cn 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/reattor for current and anticipated future saes of the subject property? ❑Yes t89 No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparatton of tee returns provided in connection with the su DIect o`t,e application or any bus ness operating or to be operated on the property?71 Yes 0 No • tf yes,identify the firm and individual pray'd ng the service t*v iDSLIa e'H_.ta3 4.1lai d►3a�.4siL S�_ ".� s 1!'i+± i L'II4f to. . 4 Does the Owner nave services from an architect/landscape architect/land planner provided in connection w th 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 prow ding the service. 5. is there any other pending or proposed purchaser of the sub;ect property?❑Yes No • I'yes,identify the purchaser and purchaser's service p•oeders 6 Does the Owner have a construction contractor n connect on with the subject of the aopiication or any business operating or to be operated on the property?❑Yes No • I'yes,identify the Company and ind,vidua provioirsg the service. 7. Does the Owner have art engineer/surveyor/agent in connection with the subject of tine application Of arty business operating or to be operated on the Property?❑Yes No • if yes,'•dertify the f re rci indiwdua providing:he ser.'ce. I Michael Biondolillo Agenda Item 13 Page 15 Disclosure Statement Disclosure Statement Ni3 Planning.&Community Development 8. is the Owner receiving legal services in con-cc:ton with the subject of the application or any bt..siness operating or to bt operates on the property?0 Yes t No • If yes identity tr.e f.rm and indrscdual providing legal the service Owner Signature I certify that ail of the in'ermation contained in this Disclosure Statement Form is complete.true,and accurate. I understard t-at, upon receipt of notification that the applicat on has been scheduled to,pubt-c 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 Sl=naturt , V.keker Pkr t;Ae Lew + S ( Owner) Print Name and TM tZV S 22. Dais Michael Biondolillo Agenda Item 13 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Michael Biondolillo Agenda Item 13 Page 17 STR VICINITY MAP MICHAEL BIONDOLILLO ,-,..7 k k i ni, t.t___ ___ - :, : ..s., , 1, ic ' øI\ ) • ▪ • '.I,, i ....\ '••I\ LI r I i 1 ‘ % .•e6r\s% • rni- VV-54\ --▪ ..---'''. AIL\ V ii, .' %. - \ =S - --)C----- \ 1 \-;\ '- p_.. .,___--it - ---------- .. $, ‘........., . 1,1, . 7.4.1 tr.. . \, so ., ., \ . c-.Th.------ - - A.. ,t .... _, �_ =r s4" _ 5 I I I .. -1 'tilt �l=_--lila\ 1 r- k. 3 r N *fin._: '.,, 111i11l11i.0 111,, „• - ,-. I 0 ,AP-ILL-,----___- , ..... .4 Vi - "I._. _ - - tiik..-i I 1 I TI--!--I ---;.1 Short Term Rentals r'S1 , CUP Status 11 1,11r _ I \ P.' a-,-. 4 _ � 'r1101 ti 1 Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Item # 13 Michael Biondolillo (Applicant) Helen A. Lewis (Property Owner) Conditional Use Permit (Short Term Rental) Address: 2113 Atlantic Avenue, Unit 2C RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Next item is item number 13, Michael Biondolillo, Conditional Use Permit for a Short Term Rental also. Ms. Chapman:Good afternoon. My name is Margie Chapman. I'm here on behalf of the applicant and we accept your conditions. Mr. Horsley: Thank you, ma'am. Ms. Cuellar. Ms. Cuellar: This application is compliant for a short-term rental and the staff and commission recommended for approval. Mr. Horsley: Thank you. That now concludes the consent agenda. Mr. Alcaraz: Yeah, read the numbers that are in consent please. Mr. Horsley: All right. The item numbers on consent, item number one, number three, number four, number five, number six, number seven, number eight, number nine, number 10, number 11, number 12, 13, 14, 15, 16, and 17. Mr. Alcaraz: All right, thank you. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Horsley: So moved. Mr. Plumlee: Second and I do have four items to abstain from. Mr. Alcaraz: We have a second by Mr. Plumlee. Okay and then any abstentions, and that would be Mr. Plumlee. Go ahead. Mr. Plumlee: I abstain from items 4, 11, 14, and 15. I don't know if that means you need a second on those, separate from mine, okay, good. All right, thank you. Mr. Alcaraz: All right, so we have a second. Madam Clerk: Thank you. The vote is open. Mr. Alcaraz: Oh sorry, hold. Mr. Clemons voting screen is not working. Can you take his verbal? Madam Clerk: Oh, Mr. Clemons, I'm sorry. Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. And to clarify, Mr. Plumlee, you're abstaining from four items 4, 11, 14, and 15? Mr. Plumlee: Correct. Madam Clerk: Okay. Mr. Alcaraz: That's correct. Madam Clerk: By vote of seven to zero agenda items one, three, five, six, seven, eight, nine, 10, 12, 13, 16, and 17 have been recommended for approval by consent by a vote of six in favor, zero against with an abstention by Commissioner Plumlee, agenda items 4, 11, 14 and 15 have been recommended for approval by consent. AYE 7 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Clemons AYE Coston AYE Cuellar AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic Avenue, Unit 2C and the Short Term Rental use shall only occur in the principal structure. 2. An annual STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) 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 Department of Planning and Community Development; however, the 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. , — , ,, 1 . ... - \ 0 Oc........1 , ,, 0 / 0 OR O-R 4fjEE " � gtreet 19th ,-�� igth Street OR OR OR OR N r A Site w'4 F Property Polygons � -WI Caymus Properties, Inc s Zoning 509 19th Street & 511 19th Street Building Feet 0 510 20 30 40 50 60 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAYMUS PROPERTIES INC. [Applicant & Property Owner] Conditional Use Permits (Short Term Rentals) for the properties located at 509 and 511 19th Street (GPINs 2427070524 and 2417979583). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: April 18, 2023 • Background: The applicant is requesting two Conditional Use Permits to operate two, three- bedroom Short Term Rental units within two separate single family dwellings located at 509 and 511 19th Street. • Considerations: The properties are located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. In addition, the properties lie approximately 1,900 feet, or .3 miles, from the public beach of the Atlantic Ocean. The applicant's parking plan depicts the six required off-street parking spaces, all on the existing impervious surface located in the rear of the 509 19th Street and on the commonly owned property, 507 19th Street. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. 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 March 8, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 7-0, to recommend approval of this request. 1. The following conditions shall only apply to the two dwelling units addressed as 509 and 511 19th Street and the Short Term Rental uses shall only occur in the principal structures. 2. An annual STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. Caymus Properties Inc. Page 2 of 4 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) 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 Department of Planning and Community Development; however, the 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning 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. Caymus Properties Inc. Page 3 of 4 10.AI1 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 Department of Planning and Community Development 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 and Community Development 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 Department of Caymus Properties Inc. Page 4 of 4 Planning and Community Development 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 Department of Planning and Community Development 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department '1( r. City Manager:0-37 'NIBApplicant & Property Owner Caymus Properties Inc. Agenda Items Planning Commission Public Hearing March 8, 2023 16 & 17 City Council District: District 6,formerly Beach Virginia Beach Request Conditional Use Permits (Short Term Rental) Staff Recommendation Or '' r20.0sTtHHA'F sz Approval - z5 H St • r 2•i H Ha-F_ 20-t$f • G T Staff Planner oZ.�Hs rn Garek Hall Hannigan .. p i 22NO 5 ' STST t liAlk ' Location )i��. .iriitc.--509, 511 19th Street PO Oft. .VI., '• n‘ Illiji 1 GPIN 'F.- , 2427070524 (509 19th Street) '" tn �adN�pg� s 1111 2417979583 (511 19th Street) '6`" ` - ', sz A c ,51.5 N ,s o ST 444 R, Site Size x I 11iH St ,2-04 7,000 square feet -, , Hs1 R "j"s' 7,000 square feet -,�' ,� �AKEv Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts 2oPPR'jN 5t1� } ti‘ _ , 4 ' - * A ..4 - $ ,‘ ., ? North Single-family dwellings/OR Oceanfront Resort r . . ��- % . .V • 4 South .v J e' -,4- .• i; ti ; - 19th Street '" . F8e4 k Single-family dwellings OR Oceanfront Resort Arr- a ii, lir, SIA, . . East Single-family dwellings/OR Oceanfront Resort �+ ;' i, IR. West i - 1 t . i t I1 Office/OR Oceanfront Resort ] p \illLi ' !{_ a y 2 1.: - Z. F '1 1 . Caymus Properties Inc. Agenda Items 16& 17 Page 1 Background & Summary of Proposal Site Conditions and History • These two 7,000 square foot lot are zoned OR Oceanfront Resort District and contains one single-family dwelling each. • According to City records,each lot contains a three-bedroom home,constructed in 1945. • Staff inspected the site on February 8, 2023 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 19th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of February 8, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity ______,,-_-_,..— \-- „sx.._,,,.___,_‘1,-m,,,,L.L..,>, _,--7-__ _ l U.\-__• :\___ ..\ \ 1 ',.__ --2A11.1 5% , PtL--1 '''''.-- -,--- r . \ , . .4,0--sitow _. ,. ,v__ __ ,\ ‘. .0, , 061,_ 717 \ittli:\.:,\.,1.\ „.;,. icsossats.ssis ,___\_5-5-\\ .„4 ,c, iiss....6„._ , ,70, ______. _ _____, .i. . , kr .,,,---- \ -----1- t a, -s- 0 iii_510. . ,...„----\ ________, t --).0 „oat% .ditio-,-...40. ._ -- - ‘ . ____r____. __ 'le,,,,„ -A!J.. r: _., -----'-1--7" .__ Short Term Rentals 1+ • ET=F.,z II. 1W * \III CUP States ` ' _- • .....- iiiL ti _ • Lam, • D....*: ,-_-.•- 'Vs( \_-•---------WA\ i . -45___- * 'b.�.. ,may, _ v _-1 Caymus Properties Inc. Agenda Items 16& 17 Page 2 Summary of Proposal The applicant submitted Conditional Use Permit requests to operate two, 3-bedroom Short Term Rental on the subject sites.The regulations for Short Term Rental use are identified in Section 241.2 and Article 2300 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in each Short Term Rental: 3 • Maximum number of guests permitted on each property after 11:00 pm: 6 • Number of parking spaces required for both dwellings (1 space per bedroom required): 6 • Number of parking spaces provided on-site: 6 20SS Zoning History # Request 1 1 NON(Expansion of a Nonconformity)Approved 04/27/1993 2 STR(Short Term Rental)Approved 07/06/2021 2 m '1 3 3 STR(Short Term Rental)Approved 03/01/2021 4 STR(Short Term Rental)Approved 12/13/2022 ,915T 5 STR(Short Term Rental)Approved 12/13/2022 5 4:\ (16 applications) Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The site is located within the ViBe Creative District,which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. In addition,the property lies approximately 1,900 feet, or.3 miles,from the public beach of the Atlantic Ocean.The applicant's parking plan depicts the six required off-street parking spaces,all on the existing impervious surface located in the rear of the 511 19th Street. As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Caymus Properties Inc. Agenda Items 16& 17 Page 3 Recommended Conditions 1. The following conditions shall only apply to the two,three-bedroom single-family dwellings addressed as 509 and 511 19th Street,and the Short Term Rental use shall only occur in the principal structures of each property. 2. An annual STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)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 Department of Planning and Community Development; however,the 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 Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning 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. Caymus Properties Inc. Agenda Items 16& 17 Page 4 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. Caymus Properties Inc. Agenda Items 16& 17 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023, and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • 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 March 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 2, 2023 and April 9, 2023. • 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 April 3, 2023. • 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 April 14, 2023. Caymus Properties Inc. Agenda Items 16& 17 Page 6 Site Layout & Parking Plan P! F NO 4' CHAIN �0 f.1 INK FENCF 4•f�+ if-Aik _,y r M • __r_-•- 50.00' PIN(r) 0.r i . ,--,..-;XT-r:1-- cS 9' x 18' ;„ 23.2' 2 J1_ 1.37 ay parking space N -'..mac it:. , o PARKING)i.:•`.�, Q For 509 19th St Z7' d1'.•..i.. . . ,-z.,,. 1. do BLOCK N •;.4. �y �.'r.' •..•,: (ON SLAB) N o ;Ifs •! r.%• ' 15098 h s' 9' x 18' fzf' • The applicant owns the parking space _• '. ?4" adjacent property, 513 For 511 19th St ?No 5 �'k '. 19th Street. 9 �� w % 1 0 18.1' R (, 1 s o . GRA VEL " (FoIR -IVA/C �o N l •. .,-., •'PARKING) (T)P.) Pi 14, 1 is .51' 17.8' 1 . COINC ;o 4.1' 1-ST-FRAM£ i . 8 — c0 4.1' (ON CRAWL) ' J509A «. i • Hi 2.9 •• r • 4 °d 3.x2' Z 4' 200.0' 10 • . : BAL nC - A VENUE mgt. h i ,„, ...74 CONC PIN(F) .y• - --L;)_cj\. • 7. .51....... ... . • 4 . . Q2' 'Xa CUT(F) Caymus Properties Inc. Agenda Items 16& 17 Page 7 Site Photos .., f--.' _ ,,, -e,..t.‘ t,,,,,- ,•,;:4' f - of'. -4,4, pa ' i . ...,_ -: -'-'*-• ..00 ofq .' • ,--... < --,,s Irk --,I'l..;4c v, _ . , -- ::. Ala: ,." ;.,-; - - -, . .1-,,,,.._,,,,••_1 I 1 - • -, - r! .k ' . ,,...,".... . .. 77invi..... . 0.. .. 0. ..._.... , ... r• r r i i F... --- . .,.... MI III I • - _ -1.1,..,,it eg. ,it a a . _ - 1111Olgrrg I., OW": : ... '• . • -...e...-.L.,...7.---: • ._ _ _ - - . , ... • --• IT' frrrr- ........„. rtrol. -- a r r NB Pin ,TEIrci—7! r or , rl , um , , Eirrl 1 - i - „....., ---- Caymus Properties Inc. Agenda Items 16& 17 Page 8 Disclosure Statement Disclosure Statement Ai13 Planning&Community Dev elopment 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 torn is regjired for all applications that pertain to City real estate matters or to the developrnert and/or t,se of property in the City of vrginia Beach requiring action by the City Council or a City ooard,commission or other body Applicant Disclosure Applicant Name Caymus Propertes, Inc Does the applicant have a representative? I Yes ❑ No • If yes,Gs;the name or the representative. Ansioc.Guliani Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No • f yes, ist the rags of all officers,directors,members,t'ustres,etc below. (Attach a list if recessary) Anshoo Guliani or Ran,eev Guliani • If yes,list the businesses that have a parent subsiciary'or affiliated business entity'relationship with the applicaT'. IAttacn a list it necessary; hia '`I Trent-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 co pc ation• See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other tnan parent subsldia^y relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(iij a controlling owner in ore 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 determlmng 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 of 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 11i'at;e Caymus Properties Inc. Agenda Items 16& 17 Page 9 Disclosure Statement Disclosure Statement Planning& Community Development �- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development cortinglnt u'the suJjett o.ibk action?❑Yes • No • ;t yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure I Doe•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 c-per atir,g or to be operate°ort the property? ■ Yes ❑No • If yes,Identify the financial institutions providing the service Private Lender 2 Does the applicant have a real estate broker/agent/reshot'for Current anc anti:ipated twurc sales of the subject properly? ❑Yes ■No • I'yes,identify the company and indiv dual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the sub;ect of the application or any business operating or to be operated on the property?QleS ❑No • if yes,identify the firm and individual providing the sere-cc Neely Elstrodt,Fastax I nt 4. Does the applicant have services from an arch tect/landscape architectfland 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 II No • if yes,identify the purchaser and purchaser's service providers 21 Caymus Properties Inc. Agenda Items 16& 17 Page 10 Disclosure Statement Disclosure Statement \it$ Cry.y' Manning&Connnti nits '. • 'elopnncnt • 6 Does the applicant have a construction contractor in connection.vith the subject of the application or any business operating or to be operated on the properly?❑Yes No • if yes,identify the company and Individual providing the service 7 Does the applicant have an engineer/surveyor/agent in cornection 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 turn 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?0 Yes I No • if yes,identify the firm and individual providing the service. 1p jc .t Signatgrr I certify that al,of the information contained in this Disclosure Statement form is complete,true,and iblr(r.tteor Iupdatingd understand that, upon receipt Of notification that the application has.been scheduled for public nor he informatior provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA.Wetlards Board or any pubic body or committee in connection with this application. v Applicant S Print NW be and Tide Anshoo Gukani(Ownerl Date t\'i.-1--,2.ol-*- Is the applicant also the owner of the subject property? ■ Yes No • if yes,you do not need to fin out the ovine• clotii.re catemer'r. FOR CITY USE ONLY/AM disdo$ures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications (Mc3/29/2023sig"me , No changes as of �^ Met Nesse _.Garek Hall Hannigan Caymus Properties Inc. Agenda Items 16& 17 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 Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. Caymus Properties Inc. Agenda Items 16& 17 Page 12 STR VICINITY MAP CAYMUS PROPERTIES INC , ,,,_„,- ---4-1.,0\k‘l., 0a ..r." Iii • \ - -'" S .-..\ \ ________Ar--:, _-_____--i- 11111 mg A\\___:____:::- . _ ___,___L,____----2i,____ %.„,,, .3145- lot, 3:7\11-I.' c.\\ :__,.:_____:_-,.., ,,, itia_kTi,„, . , Is______;, _____----: .....,, ,1 . sitis ,,,\ v„,________ .. . , .4 1,_ . vosii,_\.i,,, __ iiiiviik ., ,., ... , % 1}±,___,,_,._,,,:;;,-.41 tvoli_____........ 7.;kerva6. .01..,1 '-, - 4 44:111 0 10 .:.s....„_,_.3,-_:::. ri, Cit t‘t°111H lit'4 OW ------- 2 ,. . - - ,.. - t ' _01- Ptl- .1"-. 11? 11 -1:-. ------- -- t. \''Cr--'..,4•,, ._\ t/),�._1 r~- 5 l _All d% Isla -\V$-TiSk...---::::;A-1 I 40r" ---- ---- 264-Ti '...- 0111111--jo_____---iiii- 114,V. SA.- I.' I II -------)?': till v. 1111111111111.731611 --- . °' V) Aimalgai II ....... , -26% ts— 00 .., •11 lis. ----- . '_--; % milli or.-41 ----------\ ...„. .,. .. ii , \ 12-: ike-;-0. ', .., . ivi -S; It 1.111,___- L , to ,,,;,,Airoeil - Ili- l'AI.: tii 11Wil IH-1-yol', i \..1'.\-i\ .., 111610,4 \. ,. . __ . ,, wi„,,,,„,... „,,..-7....,.. All. . - i, k 'r'''. . • __------_ -------- 111 I...tV '--' ., _ __--- • ,,irk ,,,, — 17— giA.C.7- __ ________- f41 111:4411• - --- ii______IPPr- go-. F ,�l it '1---- 111. --11111 0 '\, ,.. , ' , _ /-- _ Short Term Rentals 'ti, �- �s�, cTa Fc••i5 . 'n ^�� - 11 __--- (7)i,-a \Sir7' 4' CU P Status e 4.ta•:-.,:sc -----_....--- -- \ .• \ 1 AVIC_VO-' \ CV-- ‘. .----'"------- .. . - e ,s.,.-is: , A.sq•-__.------- i„ Undo Rem. ..... 1 -_-_:\ r' f "..11 11 —....." Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Items # 16 - 17 Caymus Properties, Inc. (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 509 1 9th Street & 511 19th Street RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: And the last item on consent agenda item number 16 and 17 Caymus Properties Inc, Conditional Use Permit for a Short-Term Rental. Ms. Cuellar. Ms. Moneymaker: Good afternoon. My name is Rachel Moneymaker. I am the property manager and I'm here on behalf of the applicant and all conditions are acceptable. Mr. Horsley: Thank you. Now Ms. Cuellar. Ms. Cuellar: Thank you so much, Caymus Properties for a short term rentals and compliance with their application, staff is recommending it and the commission for the consent agenda and there's no known opposition. Mr. Horsley: Thank you. That now concludes the consent agenda. Mr. Alcaraz: Yeah, read the numbers that are in consent please. Mr. Horsley: All right. The item numbers on consent, item number one, number three, number four, number five, number six, number seven, number eight, number nine, number 10, number 11, number 12, 13, 14, 15, 16, and 17. Mr. Alcaraz: All right, thank you. Do I have a motion to approve by consent as read by the Vice Chair? Mr. Horsley: So moved. Mr. Plumlee: Second and I do have four items to abstain from. Mr. Alcaraz: We have a second by Mr. Plumlee. Okay and then any abstentions,and that would be Mr. Plumlee. Go ahead. Mr. Plumlee: I abstain from items 4, 11, 14, and 15. I don't know if that means you need a second on those, separate from mine, okay, good. All right, thank you. Mr. Alcaraz: All right, so we have a second. Madam Clerk: Thank you. The vote is open. Mr. Alcaraz: Oh sorry, hold. Mr.Clemons voting screen is not working. Can you take his verbal? Madam Clerk: Oh, Mr. Clemons, I'm sorry. Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. And to clarify, Mr. Plumlee, you're abstaining from four items 4, 11, 14, and 15? Mr. Plumlee: Correct. Madam Clerk: Okay. Mr. Alcaraz: That's correct. Madam Clerk: By vote of seven to zero agenda items one, three, five, six, seven, eight, nine, 10, 12, 13, 16, and 17 have been recommended for approval by consent by a vote of six in favor, zero against with an abstention by Commissioner Plumlee, agenda items 4, 11, 14 and 15 have been recommended for approval by consent. AYE 7 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Clemons AYE Coston AYE Cuellar AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the two, three-bedroom single-family dwellings addressed as 509 and 511 19th Street, and the Short Term Rental use shall only occur in the principal structures of each property. 2. An annual STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a) 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 Department of Planning and Community Development; however, the 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 Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE 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/weblink/register/r3686b5cf51 a0e429d 1 de6263f56c5d37 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 18, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/04/2023 PAGE: 1 R H H C L II O R A H T W W U E L EMRU A I O CDNCMMOL Y L O C Y 1_ O I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N 1. CITY COUNCIL'S BRIEFING A. 5/31 MEMORIAL COMMITTEE—DESIGN Emily Labows, FIRM RECOMMENDATION Director—Virginia Cultural Affairs II. CITY MANAGER'S BRIEFINGS A. FY 2023-24 RESOURCE MANAGEMENT PLAN (BUDGET) 1. HEALTH DEPARTMENT Dr.Caitlin Pedati, District Director 2. SHERIFF AND CORRECTIONS Sheriff,Kenneth Stolle 3. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth's Attorney 4. CLERK OF THE CIRCUIT COURT Tina Sinnen,Circuit Court Clerk 5. JUVENILE PROBATION Gregory D.Smith, Court Service Director 6. MAGISTRATE Magistrate Regional Supervisor,Thomas Cahill and Chief Magistrate Andrew Truitt 7. EMERGENCY COMMUNICATION AND Jada Lee,Director CITIZEN SERVICES(ECCS) 8. EMERGENCY MEDICAL SERVICES(EMS) Bruce Nedelka, Interim Chief 9. FIRE DEPARTMENT Chief Kenneth Pravetz 10. POLICE DEPARTMENT Chief Paul Neudigate 11. EMERGENCY MANAGEMENT David Topczynski, Director 12. CONVENTION&VISITOR'S BUREAU/ Nancy Helman, RESORT MANAGEMENT OFFICE Director III- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VII A-F G. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y March 21,2023 2. FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y March 28,2023 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/04/2023 PAGE: 2 R 11 H C L HOR A H T W W U E 1. EMR U A I 0 C D N C M M O L Y L O CYL 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R Y B K DENR N N I.1 Ordinance to AMEND City Code Sections 21-353 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y and 21-354 re Residential Parking Permit(RPP) CONSENT Program(Requested by Council Members Berlucchi,Remick,Schulman,and Taylor) 1.2. Ordinance to EXTEND the Sunset Date to April 5, ADOPTED,AS 10-1 Y Y N Y Y Y Y Y Y Y Y 2026 re Residential Parking Permit(RPP)in the AMENDED Historic Cavalier Shores Neighborhood (Requested by Council Members Berlucchi,Remick, Schulman,and Taylor) 1.3 Resolution to REVISE the public briefing cadence re ADOPTED,BY 9-2 Y Y N Y Y Y Y Y N Y Y Flood Prevention Bond Referendum Oversight Board CONSENT (Requested by the Flood Prevention Bond Referendum Oversight Board) 1.4. Ordinance to ADOPT the City of Virginia Beach's ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Electric Vehicle Charging Plan re assist City efforts CONSENT to obtain grants and federal funding for electric vehicle charging stations I.5. Ordinance to AUTHORIZE the City Manager to ADOPTED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE an Agreement with the Virginia Beach AMENDED School Board re use of school buses during Something in the Water Festival and APPROPRIATE$350,000 in estimated reimbursements 1.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $30,000 from the Virginia Department of Behavioral CONSENT Health and Development Services(DBHDS)to the FY2022-23 Human Services Operating Budget re funding for the System Transformation Excellence and Performance (STEP-VA) Program 1.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $22,500 from the Virginia Department of Social CONSENT Services to the FY2022-23 Human Services Operating Budget re Adult Protective Services Department 1.8. Ordinance to TRANSFER $225,416 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Fund Vacancy Savings to the FY2022-23 CONSENT Virginia Beach Department of Public Health re meet the City's required contributions to the Local Government Agreement J.1. CITY OF VIRGINIA BEACH DEVELOPMENT DEFERED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y AUTHORITY/ CITY OF VIRGINIA BEACH JUNE 6,2023 DEVELOPMENT AUTHORITY&YCH,LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road an Tournament Drive DISTRICT 2(Formerly District 7 —Princess Anne) J.2. KEMPES VILLAGE TWO, LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to a Conditional Use MODIFIED/ Permit re revise site layout and allow up to 186 CONDITIONED, multi-family units resulting in a density of 18.6 BY CONSENT units per acre at the intersection of Oakmears Crest and Princess Anne Road DISTRICT 3 (Formerly District 2—Kempsville) J.3. AS-SXM, LLC for a Conditional Use Permit re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y short term rental at 1800 Baltic Avenue DISTRICT CONDITIONED, 6(Formerly District 6—Beach) BY CONSENT CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/04/2023 PAGE: 3 R H H C L HOR A H T W W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N J.4. PRODAN MANAGEMENT GROUP,LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re short term rental at 503 CONDITIONED, 18th Street DISTRICT 6 (Formerly District 6 — BY CONSENT Beach) J.5. DUY VU/DAVISVILLE PROPERTIES,LLC for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y a Conditional Use Permit re tattoo parlor at 737 CONDITIONED, First Colonial Road, Unit 212 DISTRICT 6 BY CONSENT (Formerly District 6—Beach) J.6. ELIZABETH DARLING/ PROCOPIS JOHN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DAMALAS FAMILY,LLC for a Conditional Use CONDITIONED, Permit re tattoo parlor at 1776 Laskin Road,Suite BY CONSENT 104 DISTRICT 6(Formerly District 6—Beach) J.7. JIHYEON SON/SCI LYNNHAVEN FUND,LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Use Permit re tattoo parlor at CONDITIONED, 2077 Lynnhaven Parkway,Suite 103 DISTRICT 7 BY CONSENT (Formerly District 3—Rose Hall) J.8. OANH KHAU/ SAM CAPE HENRY PLAZA, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Use Permit re tattoo parlor CONDITIONED, at 2817 Shore Drive, Suite 112 DISTRICT 8 BY CONSENT (Formerly District 5—Lynnhaven) J.9. Ordinance to AMEND City Zoning Ordinance APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (CZO)Section 104 re use of civil penalties CONSENT K. APPOINTMENTS RESCHEDULED B Y C ONS ENS US ACTIVE TRANSPORTATION ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/04/2023 PAGE: 4 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S AGENDA H E E M C N S A i 0 0 'I E ITEM# SUBJECT MOTION VOTE I R YBK DENR N , N COMMUNITY ORGANIZATION GRANT Appointed: REVIEW&ALLOCATION COMMITTEE Mikayla Hume- representing United Way of South Hampton Roads Unexpired thru 8/31/2023 +3 Year Term 9/1/2023- 8/31/2026 COMMUNITY POLICY&MANAGEMENT Reappointed: TEAM Jenny Hodge- representing Tidewater Youth Services Commission 2 Year Term 6/1/2023- 5/31/2025 COMMUNITY SERVICES BOARD Reappointed: Brianna Dempsey 3 Year Term 6/1/2023- 5/31/2026 HEALTH SERVICES ADVISORY BOARD Appointed: Dominique Hawkins 3 Year Term 4/4/2023- 3/31/2026 Tressa Shifflett Unexpired thru 5/31/2023 +3 Year Term 6/1/2023- 5/31/2026 MINORITY BUSINESS COUNCIL Reappointed: Ed Hopper Aekta Javia Krisha Loftus Olga Torres 2 Year Term 6/1/2023- 5/31/2025 PLANNING COMMISSION Appointed: Michael Anderson -represents District 3 4 Year Term 4/4/2023- 3/31/2027 SENIOR SERVICES OF SOUTHEASTERN Reappointed: VIRGINIA Katherine McVey 3 Year Term 6/1/2023- 5/31/2026 STORM WATER APPEALS BOARD Appointed: Mark Johnson represents Civil Engineer Unexpired thru 3/31/2026 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:04/04/2023 PAGE: 5 R H H C L H O R A H T W W U EL EMRU A 1 O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N VIRGINIA BEACH TOWING ADVISORY Reappointed: BOARD John Drescher- Represents General Public 3 Year Term 6/1/2023— 5/31/2026 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 7:12 P.M. O. OPEN DIALOGUE 10 SPEAKERS 7:43 P.M.