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7-18-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. 'BOBBY"DYER,At Large 1A•B EA VICE MAYOR ROSEMARY WILSON—District 5 MICHAEL F.BERL UCCHI—District 3 � "` BARBARA M.HENLEY—District 2 / N.D. "ROCKY"HOLCOMB—District 1 I ROBERT W. "WORTH"REMICK—District 6 _ P: DR.AMELIA N.ROSS-HAMMOND—District 4 JENNIFER ROUSE—District 10 JOASHUA F. "JOASH"SCHULMAN—District 9 OF OUR NAZ\ON CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINL4 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 July 18,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 12:00 PM A. GLOBAL INTERNET HUB John Martin, President and CEO—RVA757 Connects B. ELECTION SYSTEM UPDATE 12:30 PM Christopher Boynton, Deputy City Attorney C. AUDITS OF VIRGINIA BEACH CONVENTION CENTER 1:30 PM & SANDLER CENTER Lyndon Remias, City Auditor (Requested by Mayor Dyer and Council Members Remick and Schulman) II. CITY MANAGER'S BRIEFING A. SCHOOL FUNDING FORMULA 2:30 PM Kevin Chatellier, Director-Budget and Management Services III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION: VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. 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. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Ramona D. Taylor H. BID OPENING 1. LEASE AGREEMENT FOR CITY OWNED PROPERTY Install, maintain and operate facilities re Wireless Telecommunication Services 2068 Landstown Centre Way I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—Little League 11.77+/- acres at 2513 Shorehaven Drive to Great Neck Baseball League 6.25+/- acres at 952 Reon Drive to Kempsville Borough Boys Baseball, Inc. 15.8+/- acres at 586 North Lynnhaven Road to Boys Baseball of Lynnhaven, Inc. 15.1+/- acres at 632 Firefall Drive to Virginia Little League, Inc. 12.0+/- acres at 3332 Northgate Drive to Plaza Little League, Inc. J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to CREATE the Virginia Beach VA250 Committee re prepare for and commemorate the 250th Anniversary of Virginia's participation in American Independence 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a long-term Communications Lease Agreement with T-Mobile Northeast,LLC for City-owned property a 2068 Landstown Centre Way re install, operate and maintain facilities for providing Wireless Telecommunications Services 3. Ordinance to DECLARE the property at 1548 Michigan Avenue to be in EXCESS of City's needs and AUTHORIZE the City Manager to sell the property to Adam Nicholas Murawski and Jennifer M. Murawski 4. Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451 and 100452 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as 352 Tuna Lane a/k/a North Bay and City-owned 5' drainage and utility easement at the rear of 333 Back Bay Crescent re construct and maintain proposed vinyl bulkhead with two (2) returns, a wharf, an open sided 4-pile boat lift, two (2) personal watercraft lifts and maintain an existing retaining wall, bulkhead and concrete driveway DISTRICT 2 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal at the rear of 2313 Spindrift Road re construct and maintain a vinyl bulkhead with two (2) 10' return walls, a wharf, two (2) boat lifts and a jet ski floating dock DISTRICT 8 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the 20' strip of land around Lake Joyce, adjacent to 2264 Greenwell Road re maintain existing concrete and riprap and construct and maintain a proposed ramp, open sided boat lift and two (2) piers DISTRICT 9 L. PLANNING 1. PORPOISE, LLC for a Conditional Use Permit re short term rental at 604 20th Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. PORPOISE, LLC for a Conditional Use Permit re short term rental at 606 20th Street, Unit A DISTRICT 6 RECOMMENDATION: APPROVAL 3. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th 1/2 Street DISTRICT 6 (Deferred from June 20, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO AUGUST 15, 2023 4. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th Y2 Street DISTRICT 6 (Deferred from June 20, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO AUGUST 15, 2023 M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3R5-4303 ************************* 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@a,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/rff1dc73deb 1061 e4317a76e 1144f090f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 18, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 12:00 PM A. GLOBAL INTERNET HUB John Martin, President and CEO—RVA757 Connects B. ELECTION SYSTEM UPDATE 12:30 PM Christopher Boynton, Deputy City Attorney C. AUDITS OF VIRGINIA BEACH CONVENTION CENTER 1:30 PM & SANDLER CENTER Lyndon Remias, City Auditor (Requested by Mayor Dyer and Council Members Remick and Schulman) II. CITY MANAGER'S BRIEFING A. SCHOOL FUNDING FORMULA 2:30 PM Kevin Chatellier, Director—Budget and Management Services III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. 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. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Ramona D. Taylor H. BID OPENING 1. LEASE AGREEMENT FOR CITY OWNED PROPERTY Install, maintain and operate facilities re Wireless Telecommunication Services 2068 Landstown Centre Way I' yi f: YkS3 ti�wV"r REQUEST FOR PROPOSALS COMMUNICATIONS LEASE AGREEMENT ON CITY-OWNED PROPERTY TO INSTALL, MAINTAIN AND OPERATE FACILITIES FOR THE PROVISION OF WIRELESS TELECOMMUNICATIONS SERVICE The City of Virginia Beach received a proposal for a lease of 300 square feet on City-owned property located at 2068 Landstown Centre Way,Virginia Beach,Virginia, and for related rights of use for an existing City-owned light pole,for ingress and egress,and to install utilities to support communications operations.A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below.All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information,including a copy of the proposed lease,may be obtained by calling the Department of Parks and Recreation at(757)385-1109. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber,City Hall Building (Building 1)Municipal Center,Virginia Beach,Virginia on July 18,2023 at 6:00 p.m.,and after reading the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid lease or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY,July 14,2023,AT 5:00 P.M. 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: rittos://vbgov.webex.com/weblink/register/rff1d c73deb1061e4317a76e1144f090f 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on July 18,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:July 9,2023 and July 16,2023 I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—Little League 11.77+/- acres at 2513 Shorehaven Drive to Great Neck Baseball League 6.25+/- acres at 952 Reon Drive to Kempsville Borough Boys Baseball, Inc. 15.8+/- acres at 586 North Lynnhaven Road to Boys Baseball of Lynnhaven, Inc. 15.1+/- acres at 632 Firefall Drive to Virginia Little League, Inc. 12.0+/- acres at 3332 Northgate Drive to Plaza Little League, Inc. NN>IE� 411/ PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, July 18, 2023,at 6:00 p.m.in Council Chamber,City Hall - Bldg.#1, Municipal Center, 2401 Courthouse Drive,Virginia Beach,Virginia 23456.The purpose of this hearing will be to obtain public comment on the proposed lease of the following City Park properties for Little League operations: 1) 11.77+/-acres at 2513 Shorehaven Dr.(Part of GPIN 1499-60-8184) 2) 6.25+/-acres at 952 Reon Dr.(Part of GPIN 1456-63-8279) 3) 15.8+/-acres at 586 N.Lynnhaven Rd.(GPIN 1487-99-8119) 4) 15.1+/-acres at 632 Firefall Dr.(Part of GPIN 2425-31-1625) 5) 12.0+/-acres at 9.9-a2 Northgate Dr. (Part of GPIN 1486-75-8250) If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing Impaired,call 711(Virginia Relay). Any questions concerning this matter should be directed to the Department of Parks and Recreation, Attn: Jane Jagodzinski, 2154 Landstown Road, Virginia Beach, VA 23456, (757) 385- 1100. 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.wehex com/weblink/re pinter/rff l dc73dehl 061 e4,917a7Sel 144f0901 2) Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 18,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:July 9,2023 r �r [ ,AC14-13:13k'-‘ 1r•fir 444w- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute Five (5) Leases for the Use of City Park Properties for Little League Operations PUBLIC HEARING DATE:. July 18, 2023 MEETING DATE: August 15, 2023 Background: The City of Virginia Beach (the "City") owns the following properties ("Park Properties") and previously entered into leases with the following five (5) Little League organizations: 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) to GNBL, Inc. (d/b/a Great Neck Baseball League) 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville Borough Boys Baseball, Inc. 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (GPIN 1487-99-8119) to Boys Baseball of Lynnhaven, Inc. 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to Virginia Beach Little League, Inc 5) 12.0+/- acres at 3332 North gate Dr. (Part of GPIN 1486-75-8250) to Plaza Little League, Inc. The Park Properties have been utilized to conduct youth baseball league operations and tournaments for many years. The previous leases expire on August 31, 2023, and the Little League organizations desire to enter into new leases for the same purpose. The term of each lease would be for not more than five (5) years. The Little League organizations would pay no rent for use of the Park Properties, but would continue to be responsible for all maintenance, trash removal, utilities and related services as necessary for the operation of Little League activities. Considerations: All the Park Properties have been used for Little League purposes for a number of years. Approval of these lease agreements would simply continue these relationships and support community youth Little League activities. Public Information: Notice of Public Hearing will be advertised in The Virginian-Pilot on July 9, 2023. Public notice will be provided via the normal City Council agenda process. Additionally, Parks and Recreation staff consistently communicates with the Civic Associations and the Little League board members regarding their operations. Recommendations: Approval Attachments: Ordinance Summary of Terms Location Maps(5) Recommended Action: Approval Al,'mitting Department/Agency: Department of Parks and Recreation +l� City Manager: 0W 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE FIVE (5) LEASES FOR 3 THE USE OF CITY PARK PROPERTIES FOR 4 LITTLE LEAGUE OPERATIONS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns the following properties 7 (the "Park Properties"), which have been leased to the following Little League 8 organizations for numerous years: 9 10 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) 11 to GNBL, Inc. (d/b/a Great Neck Baseball League) 12 13 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville 14 Borough Boys Baseball, Inc. 15 16 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (GPIN 1487-99-8119) to 17 Boys Baseball of Lynnhaven, Inc. 18 19 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to 20 Virginia Beach Little League, Inc 21 22 5) 12.0+/ acres at 3332 Northgate Dr. (Part of GPIN 1486-75-8250) to 23 Plaza Little League, Inc. 24 25 WHEREAS, the previous leases expire on August 31, 2023, and the above listed 26 Little League organizations desire to continue leasing the Park Properties for their youth 27 league operations and tournaments; 28 29 WHEREAS, the leases would each be for a term of not more than five (5) years, 30 with conditions as set forth in the Summary of Terms attached hereto as Exhibit A and 31 made a part hereof; and 32 33 WHEREAS, City staff recommends approval of the leases and continues to 34 support the community's youth Little League operations. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City. Manager is hereby authorized to execute a lease for a term of not 40 more than five (5) years, for each of the five (5) Little League organizations identified in 41 the recitals above, in accordance with the Summary of Terms, attached hereto as Exhibit 42 A, and made a part hereof, and such other terms, conditions or modifications as may be 43 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT. SUFFICIENCY: om Doorks and Recreation CA16065 Avbgov.comldtsl lapplicadonstitylawkycom32lwpdocsld0091p045t00891968.docx R-1 July 6, 2023 EXHIBIT A SUMMARY OF TERMS LEASES OF CITY PARK PROPERTIES FOR LITTLE LEAGUE OPERATIONS LESSOR: City of Virginia Beach ("City") LESSEES AND PREMISES: 1) GNBL, Inc. (d/b/a Great Neck Baseball League) / 11.77+/- acres at 2513 Shorehaven Drive (Part of GPIN 1499-60-8184) 2) Kempsville Borough Boys Baseball, Inc. / 6.25+/- acres at 952 Reon Drive (Part of GPIN 1456-63-8279) 3) Boys Baseball of Lynnhaven, Inc. / 15.8+/- acres at 586 N. Lynnhaven Road (GPIN 1487-99-8119) 4) Virginia Beach Little League, Inc. / 15.1+/- acres at 632 Firefall Drive (Part of GPIN 2425-31-1625) 5) Plaza Little League, Inc. / 12.0+/- acres at 3332 Northgate Drive (Part of GPIN 1486-75-8250) TERM: September 1, 2023 through August 31, 2024, with 4 additional one-year renewal options. RENT: N/A USE: Premises will be utilized for the purpose of operating youth Little League activities and for no other purpose. RIGHTS AND RESPONSIBILITIES OF THE LESSEES: • Pay for all utilities, trash removal, grounds maintenance, repairs and other related services necessary for the operation of leased Premises. • Indemnify and hold harmless the City for any and all damages to persons or property caused by any act or omission of the Lessees or their agents associated with the use of the Premises. • Maintain general liability insurance coverage as required. Page 1 of 2 • Obtain all necessary permits, and pay all applicable taxes and fees in connection with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease for any reason upon 120 calendar days prior written notice. 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' r nl 4,,F J�An. liNbib_., Plaza Little League, Inc 0 200 400 Lease Property Exhibit (12 Acres) Scale: 1" = 200' Portion of Plaza Northgate Park �,- ` 3332 Northgate Drive,Virginia Beach, VA City of Virginia Beach ti _, GPIN: 1486-75-8250 Parks and Recreation \ J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to CREATE the Virginia Beach VA250 Committee re prepare for and commemorate the 250th Anniversary of. Virginia's participation in American Independence 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a long-term Communications Lease Agreement with T-Mobile Northeast,LLC for City-owned property a 2068 Landstown Centre Way re install, operate and maintain facilities for providing Wireless Telecommunications Services 3. Ordinance to DECLARE the property at 1548 Michigan Avenue to be in EXCESS of City's needs and AUTHORIZE the City Manager to sell the property to Adam Nicholas Murawski and Jennifer M. Murawski 4. Ordinance to AUTHORIZE the acquisition of temporary easements, either by agreement or condemnation re Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451 and 100452 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as 352 Tuna Lane a/k/a North Bay and City-owned 5' drainage and utility easement at the rear of 333 Back Bay Crescent re construct and maintain proposed vinyl bulkhead with two (2) returns, a wharf, an open sided 4-pile boat lift, two (2) personal watercraft lifts and maintain an existing retaining wall, bulkhead and concrete driveway DISTRICT 2 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal at the rear of 2313 Spindrift Road re construct and maintain a vinyl bulkhead with two (2) 10' return walls, a wharf, two (2) boat lifts and a jet ski floating dock DISTRICT 8 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the 20' strip of land around Lake Joyce, adjacent to 2264 Greenwell Road re maintain existing concrete and riprap and construct and maintain a proposed ramp, open sided boat lift and two (2) piers DISTRICT 9 f ,, \ „,,,I,, s; (.....) , CITY OF VIRGINIA BEACH \ AGENDA ITEM J ITEM: A Resolution of the City Council of the City of Virginia Beach Creating the Virginia Beach VA250 Committee MEETING DATE: July 18, 2023 • Background: The General Assembly created the Virginia America 250 Commission (VA250 Commission) for the purpose of preparing for and commemorating the 250th anniversary of Virginia's participation in American independence. The VA250 Commission has requested that each locality form a committee to aid in planning for the commemoration period. On March 21, 2023, the City Council adopted a resolution in which it asked the City's Historic Preservation Commission to recommend the duties and composition of the local committee. The Commission discussed those topics during its May 3, 2023 meeting and has provided the requested recommendations. • Considerations: This resolution creates the Virginia Beach VA250 Committee, and, based on recommendations from the Historic Preservation Commission, sets forth its duties and composition, and provides for assistance from City staff with pertinent expertise. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: Planning an -Community Development (on behalf of the Historic Preservation Commission) City Manager:/2I9 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 2 OF VIRGINIA BEACH CREATING THE VIRGINIA BEACH 3 VA250 COMMITTEE 4 5 WHEREAS, the General Assembly created the Virginia America 250 6 Commission ("VA250 Commission") for the purpose of preparing for and 7 commemorating the 250th anniversary of Virginia's participation in American 8 independence; 9 10 WHEREAS, the VA250 Commission has requested that each locality form a 11 committee to aid in planning for the commemoration period; 12 13 WHEREAS, the City Council adopted a resolution on March 21, 2023, in which it 14 asked the City's Historic Preservation Commission to recommend the duties of the local 15 committee and its composition; and 16 17 WHEREAS, the Historic Preservation Commission recommended five duties for 18 the committee, and the Historic Preservation Commission recommends that the local 19 committee include representatives from the education field and from local historical and 20 cultural groups, a university or college, and a Tribal representative, and that the 21 committee be supported by City staff with expertise in tourism, economic development, 22 and museums and historical sites; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH THAT: 26 27 1. The City Council hereby creates the Virginia Beach VA250 Committee to 28 commemorate the local events and achievements associated with the American 29 Revolution 250 years ago. The Committee shall include 16 members, appointed for a 30 three-year term from July 4, 2023, to July 4, 2026, which is the date of the 250th 31 anniversary of the Declaration of Independence. 32 33 2. The membership should include representatives from the education field 34 and from local historical and cultural groups, a university or college, and a Tribal 35 representative, and the committee shall be supported by City staff with expertise in 36 tourism, economic development, and museums and historical sites, as well as a City 37 Council liaison. 38 39 3. The goal of the Committee, as recommended by the Historic Preservation 40 Commission, shall be to commemorate the local events and achievements, large and 41 small, that occurred in Virginia Beach 250 years ago and during all times by all people, 42 that embody the ideals and ideas of the "American Experiment" and declared as 43 essential truths and unalienable rights in the Declaration of Independence. 44 45 4. That the duties of the Committee, as recommended by the Historic 46 Preservation Commission, shall be to: 47 48 • Assist in the planning and coordination of community activities to commemorate 49 the events associated with the American Revolution in Princess Anne 50 CountyNirginia Beach 250 years ago 51 • Assist in the planning and coordination of community activities to commemorate 52 local historical events that incorporate the ideals of freedom, liberty, and equality 53 • Coordinate with City departments, the tourism industry, cultural organizations, 54 and community organizations to raise awareness about VA250 and local 55 historical commemorations 56 • Coordinate with other regional VA250 committees to encourage cooperative 57 commemorations and marketing 58 • Seek grant funding available to VA250 communities to support associated events 59 and initiatives 60 61 5. That the City Manager shall provide staff to the committee that includes 62 employees with expertise in tourism, economic development, and museums and 63 historical sites. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -) CeiGtidabi • 77.deleaed Planning an Community Development City Attorney's Office CA16190 R-3 June 30, 2023 ja- !ui[ '-cf-073r.4.0' 4- CITY OF VIRGIN IA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Long-Term Communications Lease Agreement for City-Owned Property Located at 2068 Landstown Centre Way with T-Mobile Northeast, LLC to Install, Operate, and Maintain Facilities for Providing Wireless Telecommunications Services PUBLIC HEARING: July 11, 2023 MEETING DATE: July 18, 2023 • Background: The City owns a light pole ("Pole") located at the Virginia Beach Sportsplex, on Parcel 5 U.S Field Hockey Training Center ("Parcel 5"), at 2068 Landstown Centre Way in Virginia Beach (GPIN: 1484-86-9245) ("Property"). T-Mobile Northeast, LLC ("T-Mobile") desires to enter into a lease with the City to utilize a portion of Parcel 5, measuring fifteen (15) feet by twenty (20) feet, for the purpose of building and installing cabinets, utilities, wiring, equipment, and cables necessary to operate and maintain communications facilities ("Leased Premises''). • Considerations: The proposed lease also includes related rights of use for 1) T- Mobile to access part of the Pole for the limited purpose of installing and maintaining communications facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and egress to the Leased Premises and the Pole from Landstown Centre Way and from other parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of telecommunications services. The rights of use are non-exclusive and do not constitute an easement, but shall be rights to use the Property for so long as the lease remains in effect. T-Mobile may not sublease or license any portion of the Leased Premises to any third party. The proposed lease is for an initial term of five (5) years and may be renewed, upon mutual agreement of the parties, for four (4) additional terms of five (5) years each on the same terms and conditions. Rent for the first year of the proposed lease is $24,000 per year and shall increase annually by four percent (4%). City Council granted a conditional use permit on September 6, 2022 for T-Mobile's proposed use of the Property. • Public Information: A public hearing was advertised on July 2, 2023, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on July 11, 2023. A solicitation for bids was advertised on July 9, 2023 and on July 16, 2023, as required by Virginia Code §15.2-2101. The bid opening is scheduled for July 18, 2023. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form, Location Map Recommended Action: Adoption Submitting Department: Parks and Recreation City Manager: 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A LONG-TERM COMMUNICATIONS LEASE 4 AGREEMENT FOR CITY-OWNED PROPERTY LOCATED AT 5 2068 LANDSTOWN CENTRE WAY WITH T-MOBILE 6 NORTHEAST, LLC TO INSTALL, MAINTAIN AND OPERATE 7 FACILITIES FOR PROVIDING WIRELESS 8 TELECOMMUNICATIONS SERVICES 9 10 WHEREAS, the City owns a light pole ("Pole") located at the Virginia Beach 11 Sportsplex, on Parcel 5 U.S Field Hockey Training Center("Parcel 5"), at 2068 Landstown 12 Centre Way in Virginia Beach (GPIN: 1484-86-9245) ("Property"); and 13 14 WHEREAS, T-Mobile Northeast, LLC ("T-Mobile")desires to enter into a lease with 15 the City to utilize a portion of Parcel 5, measuring fifteen (15)feet by twenty (20) feet, for 16 the purpose of building and installing cabinets, utilities, wiring, equipment, and cables 17 necessary to operate and maintain communications facilities ("Leased Premises"); and 18 19 WHEREAS, the proposed lease also includes related rights of use for 1)T-Mobile to 20 access part of the Pole for the limited purpose of installing and maintaining communications 21 facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and 22 egress to the Leased Premises and the Pole from Landstown Centre Way and from other 23 parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of 24 telecommunications services; and 25 26 WHEREAS, the rights of use are non-exclusive and do not constitute an easement, 27 but shall be rights to use the Property for so long as the lease remains in effect; and 28 29 WHEREAS, the proposed lease is for an initial term of five (5) years and may be 30 renewed, upon mutual agreement of the parties, for four (4) additional terms of five (5) 31 years each on the same terms and conditions; and 32 33 WHEREAS, City Council granted a conditional use permit on September 6,2022 for 34 T-Mobile's proposed use of the Property. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a communications lease 40 agreement with T-Mobile with for a term of five (5) years with the option to renew for four 41 (4)additional terms of five(5)years each, in accordance with the Summary of Terms, and 42 such other terms, conditions or modifications as may be acceptable to the City Manager 43 and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6/23/23 Parks and Recreation City Attorney's Office CA15966 R-2 June 22, 2023 SUMMARY OF TERMS Long-Term Communications Lease Agreement for 1-Mobile Northeast LLC Leased Premises: A 15' x 20' portion of property located at the Virginia Beach Sportsplex, on Parcel 5 U.S Field Hockey Training Center at 2068 Landstown Centre Way in Virginia Beach (GPIN: 1484-86-9245). Lessor: City of Virginia Beach Lessee: T-Mobile Northeast LLC ("T-Mobile") Purpose: T-Mobile will utilize the Leased Premises for the purpose of building and installing cabinets, utilities, wiring, cables and other conduit for facilitating and operating communications facilities, equipment and structures to operate communications equipment on the Pole. Rights of Use: The proposed lease also includes related rights of use for 1)T-Mobile to access part of a City-owned light pole ("Pole") for the limited purpose of installing and maintaining communications facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and egress to the Leased Premises and the Pole from Landstown Centre Way and from other parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of telecommunications services. Term: Initial five (5) year term. Upon the mutual agreement of the parties, the lease may be renewed for up to four(4) additional periods of five (5) years each. Rent: Initial rent is $24,000 per year. Rent increases annually by 4%. Surety: Lessee will post $25,000 surety bond for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance with minimum limits of $2,000,000 per occurrence, in addition to other liability insurances required by Risk Management. Termination: Lease may only be terminated for cause(default, violation of law, acts of God and other similar reasons as stated in the Lease). Other: Rights of use are non-exclusive and do not constitute an easement. Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 1/13 Virginia Beach APPLICANT'S NAMET-Mobile DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE • FOR CITY USE ONLY/All disclosures must be updated two(2) weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DA? El NO CHANGES AS OF DAT: _El _ REVISIONS SUBMITTED DA? DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 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: T-Mobile 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) See attached list (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) n/a See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's Page 2 of 5 DocuSign Envelope ID:527E5D40-8AAB-4E77-AE 1 E-AEDO4D459DD6 Virginia Beach names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Mike Sievert, CEO; Nestor Cano, executive VP; Marcus East, VP; Ulf Ewaldsson; Peter A. Ewens; Callie Field; Jon Freier; Janice Kapner; Mike Katz; Deeanne King; Susan Loosmore; Mark Nelson; Peter Osvaldik; Neville Ray; John Saw; Omar Tazi (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) n/a "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 5 DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return ❑ ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ® Construction Contractors ❑ Engineers / Surveyors/ Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development 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 5 DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 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. oocusenecby: Charmange Stevens 7/5/2023 GhsA2r'wMsr 5`Wond• ,4 1 A IGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 • va 811.com A.RK.ARI in Location Map . . . . u9 WN1100'�© .. M ]\'Iobile PGNIA JnA I AEa°aF. ��ERY6 F K. -12 I .Mobile 1 NSD TEMPLATE - NEW BUILD Site Address AM. n NORFOL( 23310 DI T-MOBILE Site# COVERAGE STRATEGY 2DV►RGINIA BEACH,VA LANDSTOWN T23456RE AY °"0."TNANA.r.FNN, VA20851A '' Ti T-MOBILE Site Name Configuration •to 7. ' !'''' ji I( t I. VIRGINIA BEACH SPORTSPLEX 3 SECTORS T 67E5A998E 6160(RAN)/67E5998E_1xAIR+10P(A&L) l66411 nD •PeNABIN An anti Conitudlon SHRINK SCOPE OF WORK AERIAL MAP SITE SHEET INDEX ..i I FRD.EER m RTTYER - SHEET SHEET DESCRIPTION TCT 2. INSTALLATION11 NEW T ILE VISON I R � TT PLATFORM MOUNT W REQUIRED STANDOFF MOUNTS&(1)NEW PERFECT VISM. T-1 TITLE SHEET _M ERE PLAN PKBKM MONOPOLE KICKER MA ENLARGED SITE RAN • e h i T t C T 5 1 3. INSTALLATION CF(3)NEWT MOBILE RFS ARMAALL24_40HHN2T(OCTO) y COAPOAO PLAN t o S i e t t r ANTENNAS it POS 1 er 4. MASSIVE • MI MNOJ eP052 _M ELEVAIKN$ FALLS O..,VA22ph'� 5. NSTALLA110N OF(])NEW (SPRINT) Bl1C8ft5 RADIOS •it)Isi _MIA MUUMIIO DETALS wNY RO 6. NSTAIATION OF(])NEW TMOBEE(SPRINT/ERIGSSON 4N 825.B68 RAOlq• Y` M PROPOSED ANTENNA PLAN 2. INSTALLATION OF EMMEN T MCBILE(SPRNT)6XN HYBRID CABLES • _ --MA ANTENNA 5 CABLE SCNFnAF CHECK.BY SE MS RIMS MACAW B. GROUND -Aa o.TAK9 L 9. INSTALLATION OF NEW TIIORM1Et'-11'XB'b"PLNIII(STEEL RAIL)INSIDE NEW IS x LO 'k _-AM DETAILS APPROVE LPBY'.MAO U X 20 LEASE AREA • _MS 0ETAdO 10.I18TALLAl10AOF(1)NE TMO&LL ERICNSON 6160 CABINET 6(1)NEW MC FENCE DEALS .. ERICSSON B160 BATTERY CARNET CAI NEW(NOW ' T 1 - -MO NINTH FOUNpATKN OVALS No. RATIMPA NA Ale U II.INSTALLATION OF(1)NEW!PRE ROUTER b(SINEW PSU NM INSIDE NEW 6160 -ME PLINTH DEALS I ~ CABRET. --MF FUTURE GENERATOR DETAILS C SO%FIeMrNVI mein M 12 INSTALLATION OF(n NEW BB 6642DIMS 6601 II(1)NEW OX320 INSIDE NEW 6160 I ,41t.. - I —, .. �� AdO GENEMTOR CONCRETE PAD DETAILS 13.INSTALLATIONOF(1)IEVITMOBRE VERTN MINI 209AI.PPPC.II)NEW ,,. MN DETAILS I FINALS MAIM• SS T MOBLE EAER80N F201+020 T0.CO CABINET 82DTAMP 2AOVA4 •i A�v DETAIs - - II RATED DISCONNECT ON NEW Erti•FTNME $LEE E-I ELECTRICAL LAYOUT 1 FINN V WNW PE i 14.NSTALLATION OF II)NEWT MOBKE 3X3'HOFFMAN BOX SITE OE UEOAORAA 8 AC PAWL SCHEDULES - 15.INSTALLATION OF(1)NEW T MOBILE GPS AMEND LOCATION GI GROUNDING LAYOUT 2 AIMS 0YOSOS M II.INSTALLATION OF 04)15T(20 OMN I LINK SECURRY FENCE , G-2 GROL11 DNO IN'TNLS -- o 11.BOTAAl1ONa IN)6A'ACCESS GALE ), G-3 GROUNDING DERAILS 3 FINALS H4/122 RN 3- II.INSTALLATION OF ItINEwTMOBILE IOOAMP AREVAC RATED OSCONECT.METER S ti� w1 GENERA NOTES Y L. CABINETCT CABINET ON NEW 5-0'UTI ITY II-FRAME * `F II.PTACEHOLDER OF(I3(F)T MOBILE GENERAC 46KW AC DIESEL GENERATOR 6(I( hhh GENERN NOTES .y, h; No GENERAL NOttE �. m .FIATS T.:1 G1 HYBN60 COLOR CORDS T 20.INSTALLATION OF(IMF)T MOOSE PRIG.GENERATOR CONCRETE PAD INSIDE NEW �•NAL`H �F er N. t 5720 T MOORE LEASE AREA , `. `, ki 21.RISTALLATKNOF MEW UNOERC,ROUNDIITILITIESANDGROLtMCGMC c,.. General Notes: 22.INSTALLATION OF 117NFW.GiKVA TRANSFORMER `� AT__T SITE MO SHALL ../. 11111 MMEDNTEELLY NOTIFY ENGINEER SHALL VERtFY ALL A WRITIS ANO NG OFANY DISTING CREPANCIES S BEFORE PS AND ROCEEDING WITH THE WORK OR BE CI \v/L/Il. - _ Ci DRIVING DIRECTIONS • ► RESPONSIBLEFDRSAME. CHRISTOPHER D.IT ✓ ptfVNG DIRECTIONS FROM 32+MADISON MEWS NORFOLK VA 2351D: FOR SPIES WHERE A CRANE S NECESSARY.THE CONDUCTOR SMALL CONFIRM AN UNOBSTRUCTED ROUTE FOR THE 3 MORIN E CRANE FROM PUBLIC ROAD TO TOWER SITE PRIOR TO CONSTRUCTION.NO AERIAL COSTBVCTIONS UNDER FIFTEEN 777 AKE 4Ma TO VIRGINIA BEACH.TAKE THE NOEPENDENNCE EMT ANDCONTINOE To PRINCESS \ ,._ .. FEET ABOVE GRADE.INCLUDING AERIAL UTILITY LINES,ARE ALLOWED ALONG SAID CLONE ROUTE. •`,OOy ANNE ROAD.TAKE MEET ONTO PRINCESS NNE ROAD AND A RIAD ONTO AM WO(ROAD. /tom . (e• l' • '!� No. 032994 THEN TAKE A LEFT ONTO pFNMPIpIELL DRIVE.TAKE A LEFT ONTOLANDSTPMI CENTRE N 4.2'''k L FI d Hockey - F_,ield 1 T�3 CONTACTALE FIRM PRIOR TO BWIAK AND CONSTRUCTION START TO CONFIRM TINT DRAWINGS ARF O 'LC' WAY AND THE STILE IS AT THE FIELD HOCKEYCdE1EX. 4.12, Pry, ° PROFESSIONAL LICENSURE PROJECT INFORMATION APPROVAL BLOCK `�S'ONAL ECG 0 K I CERTIFY THAT Site Information: Project Team: Code Compliance: AFTOED VA20851A N THESE PREPAREDDRAWINGS LATITUDE: 36.78M920'(N 36'A552.171P)0MD 83) APPLICANT, TVJOBLE NOLTNEASTLLC AL WORK AND MATERIALS SHALL BE PERFORMED AM WERE BY 3S+ RSILG MEWS NSTALED IN ACCORDANCE WITH THE CURRENT EDITIONS OF --- ❑ ❑ VIRGINIA BEACH o ME OR UNDER MY �.2�C,p,LTH Op ,. LONGITUDE: .76.relsam iv or OS 29AT92')OMD 83) FRONNIYORNIM DIRECT t+' H FCC R. wA NRFOO11C-1I VIRGINIA tmlp THE FOLLOWING CODES AS ADOPTED BY THE LOCAL DUE SPORTSPLEX GOVERNING .NOTHING IN THESE PLNOSAI TO SUPERVISION AND FAX:15]�90deeD BE CONSTRUED TO SPORTSPLEX NT WORK NOT CONFORMING TONE 2088 LANDSTOWN CENTRE WAY /; GROUND ELEVATION: 14.D(AMSL)(NGVD 881 I-� CONTROL AND TO / / / "' PROJECT LATEST EDDION9 OF IRE FOLLOVANG CODES: 0 ❑ VIRGINIA BEACH.VA 23458 THE BEST AN T \v/L_lll, v G%N I: 1<64869215D000 MANAGEMENf:RCA.TOWERS.INC KNOWLEDGE AVE TuRE RD. ��N ONE r ZONING: AG1 AROMA MACL� 5I CHRISTOPHER D.y P1ILDNOIDWELLIJO coDE: NSBC 2Dte BEUEF COMPLY N: WITH MORIN WITH VIRGINIABEACH COUNTY CONTACT:AIIDREW WALLACE PLUM.) 2016 OFFICE:ITU)OD A. MECIN-CAL CODE LAC 2018 THE REQUIREMENTS PROPERTY OWNER CRY OF VNGNN BEACH.PARJ(S ❑ TITLE SHEET FAX,(FST)+BDdB6p ELECTRIGLCOOE: NEC 2011 0lIRDIOIAIIF(aR — '4 AND RECREATION .....‘....1.FIRE OF THE GOVERNING ENGINEER BC ARCHITECTS ENGINEERS.PLG `� LOCAL BUILDING 16 No. 032984 STRUCTURE TYPE: 119'LIGHT POLE NM COLORM PIKE sun*200 PREVENTION CODE FL 2016 --, z CODE. X '1 120't(AGL)TOP OF LIGHT POLE FALLS CLAN0.tlL VA 22a1 0 L_ ,_, Cts1s//LI�A.��12.203 G� 128YaGL)TOP OF UGHT CDNTADT:BILLW M.OIIIMJ.ALL 2rM6 ME !"+YAL TC� (HIGHEST APPURTENANCE) �7IR1�D • • T-1 LICENSED PROFESSIONAL POWER PROVIDER DOMINION VIRGINIA POWER EXPIRES:1N312023 N-v.ro�F ❑ ❑ ❑ TELCO PROVIDER: CAX ....,rr.o........,�....�..,�..to.P�.�m.NA.Ts Ilellml 0� pGcN i'k i 'V, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring the property located at 1548 Michigan Avenue to be in excess of the City's needs and authorizing the City Manager to sell the property to Adam Nicolas Murawski and Jennifer M. Murawski PUBLIC HEARING DATE: July 11, 2023 MEETING DATE: July 18, 2023 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 1548 Michigan Avenue (GPIN: 2407-95-7518) (the "Property") on February 27, 2014 for $140,000. At the time of acquisition, the Property was improved with a single-family residential dwelling that has been demolished. Adam Nicolas Murawski and Jennifer M. Murawski (the "Murawskis') own and reside at 1561 Virginia Beach Boulevard. The Murawskis propose to purchase the Property containing 11,090 sq. ft. for $11 ,090 ($1/sq. ft.). City Council previously authorized the sale of the Property by ORD-3380F on October 7, 2014 to a different adjacent property owner, but that property owner was unable to consummate the purchase. The City will be responsible for resubdividing the Property to incorporate it into the Murawskis' lot and eliminate interior lot lines. • Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. One dwelling unit will be permanently removed. The Murawskis' offer of $1/square foot is in conformance with previous sales of excess City property in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot at an estimated annual cost of $630. • Public Information: A public hearing will be held on July 11 , 2023, and public notice of the hearing will be advertised in The Virginian-Pilot-Beacon and 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, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Al Submitting Department/Agency: Public Works/Real Estate City Manager:GG 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1548 MICHIGAN 3 AVENUE TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL THE PROPERTY TO 6 ADAM NICOLAS MURAWSKI AND JENNIFER 7 M. MURAWSKI 8 9 WHEREAS,. the City of Virginia Beach (the "City") is the owner of that to certain parcel of land located at 1548 Michigan Avenue (GPIN: 2407-95-7518) (the 11 "Property") more particularly described on Exhibit "A" attached hereto and made a part 12 hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the e APZ-1 15 Acquisition Program on February 27, 2014 for$140,000; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a single-family home that has since been 23 demolished; 24 25 WHEREAS, Adam Nicolas Murawski and Jennifer M. Murawski (the 26 "Murawskis") own the, adjacent property at 1561 Virginia Beach Boulevard and have 27 requested to purchase the Property in order to utilize it in a manner compatible with the 28 APZ-1 Ordinance; 29 30 WHEREAS, City Council authorized the sale of the Property by ORD- 31 3380F on October 7, 2014 to another adjacent property owner, but that property owner 32 was unable to consummate the purchase; 33 34 WHEREAS, the Murawskis desire to purchase the Property in accordance 35 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 36 37 WHEREAS, the APZ-1 Disposition Committee has recommended that City 38 Council declare the Property to be in excess of the City's needs and sell the Property to 39 the Murawskis; and 40 41 WHEREAS, the City Council is of the opinion that the Property is in 42 excess of the needs of the City of Virginia Beach. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 47 That the Property is hereby declared to be in excess of the needs of the 48 City of Virginia Beach and that the City Manager is hereby authorized to execute any 49 documents necessary to convey the Property to the Murawskis in accordance with the so Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 51 modifications as may be acceptable to the City Manager and in a form deemed 52 satisfactory by the City Attorney. 53 54 Further, that revenue from the sale of the Property in the amount of 55 $11,090 shall be received and fifty (50) percent of this amount shall be deposited for 56 appropriation in future Capital Improvement Program capital budgets in Capital 57 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility 58 Traffic Area Conformity & Acquisition II Project, and fifty (50) percent shall be deposited 59 for future payment by the City Manager to refund the Commonwealth's portion in 60 accordance with the grant agreement. 61 62 This ordinance shall be effective from the date of its adoption. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the 65 day of , 2023. CA16063 R-1 04/25/2023 11v b g o v.co m\d fs 11a p p l i ca ti o n s\ci tyl awlcy co m 321w p d o cs\d 0151p 046/008863 7 5.d o c APPROVED AS TO CONT NT APPROVED AS TO CONTENT Wit/' �''� gr Public Works Real Estate dget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City a orn:y's Of EXHIBIT "A" LEGAL DESCRIPTION ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvement thereon, located near Oceana, in Oceana Gardens, Lynnhaven Magisterial District, City of Virginia Beach, Virginia, and known numbered and designated as the Western fifty(50) feet of the Southern one hundred fifty (150) feet of Lot Six (6), and the Eastern twenty- five (25)feet of the Southern one hundred fifty (150)feet of Lot Five (5), in Block Thirteen (13), of the Plat of Oceana Gardens duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 3, at page 51, and more particularly described as follows: BEGINNING at a point on the Northern line of Michigan Avenue 250 feet West of the Northwest intersection of said Michigan Avenue and Middle Lane and running thence Westerly along the North line of said Michigan Avenue 75 feet; thence Northerly and parallel with Michigan Avenue 75 feet; thence Southerly and parallel with said Middle Lane 150 feet to the Northern line of said Michigan Avenue, the point of beginning. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. RESERVING UNTO THE CITY a 1' no-ingress/egress easement along Michigan Avenue to be established by plat simultaneously with closing. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Nancy G. Braithwaite, dated February 27, 2014, and recorded in the aforesaid Clerk's Office in Instrument No. 20140227000171890. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach BUYERS: Adam and Jennifer Murawski PROPERTY: 1548 Michigan Avenue (GPIN: 2407-95-7518), consisting of 11,090 square feet (0.26 acres), more particularly described on Exhibit A SALE PRICE: $11,090.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is," and will be conveyed by Special Warranty Deed. • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • In the event of development or redevelopment by Buyers. Buyers will be required to address stormwater quantity and quality on site. • Seller shall resubdivide the Property to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Buyers shall adhere to all zoning ordinances and City Code requirements. • Buyers shall be responsible for their own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 60 days from the approval of the resubdivision plat, unless extended by the City Manager. • Approval of this sale shall be revoked if closing has not occurred on or before December 31, 2025, unless extended by the City Manager prior to such date. irr„..,OL 1 ..;.-.4 • ..:..... ., . 0\ --9,1, - ,,,t, - • N , r - • r • •"� ;•:.!' rr'�F^ T .,+ •�. SLR/ '� . ,, ,�j,�r ,r `{�� r }7 RE pR . y4- I 1. '1•.i ,t!1 ;4, j. rt S�F�. ;SF r�•" "--..cam !, ' 1 s ,- . 4 - . , `,' . ,t N��LvD t '. , �� ^ . G '..-•,,,, ,.•,,, .• -..,....h. , . .-,,,,, ..." .'..- ' . '''. \I'll-%I-‘ ' -44• - 'fj. '.. -.-:'*;. -4--,.:::".'''' . 'ts"' . '4.. ,:.7.:- , tc,,,,..3..... 4 ' " 1. ''- "r4 . 1,,- - 1561}VIRGINIA BREACH BLVD " Ng is r , - 3 `d-, 1 r. '.is y . •��'. i 11 4 ' ,_{ `!. - • _ . '1. n" '1d �« 'hsv F►'t r tre; Y.p • . C' 4. .°?..., i„i',:.,P 4.- ''' ' ,. 1 )p , 4;:' ' .2....-.:' , 4.1 % ' '.. • 1 .1 7; '' " " •-.' . _ t-4;t:::...,,.. . . 1„. . .,, .•„.li.' , /„..144._ : F l„' ,..9 • 1. iR .� a PP a '�/ 4.-.. .e - "`_ .._$. .i /'.' Jl 1 1 �: iM/ ' 'f a .�. ry�. _�'� ``t '. .fir- - i e `7- •.� ,�+ r. 4. • ..... _ _ , ...,. .. . , : • . 1,. r • tr . , .1.„,..., ..... • . * : .',..„, I * = : x MICHIGAN AVE r -1-741r % nn } 1 �. Y YN• ,i'',.• V r Al APO t - fit al ''t e: , • .•••1 tit,:. ri I NO" �' .•r' } s .,"Z� r ] - • '.�. _ r . 114s �,j i s - ,. • tlf •'., t LOCATION MAP Legend r EXCESS CITY PROPERTY : ' : ' ,10 2407-95-7518 0 ' • ' . 1 1548 MICHIGAN AVENUE 2407-95-6791 , . 1 �, 4.1 - __ . ;di': GPIN 2407-95-7518 ,� y OHIO"`AVE Feet liti a 1 City Property ' • """'a_..••L.. j IA::: o'..-Ye$ AI• 3 .1 '' _ 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 05/03/2023 X:ICADD\Projects\ARC Files'AGENDA MAPS12407-95-75181 2407-95-7518 Aerial.mxc ' r:f:"`�%r0""'y4,:.i."`:"ti%•ir.'.f- •f,.k.:�•, ... rn;+.• y.i'tay• ..— ,a..,; .r.' ... _ - - - • � f. •,•y, r..ae; "'1.,.4•' .S . .:s,�.lh.; {:•. • �L�+l;..a• �. v ` ��` iR 1•' n'.t•• ; • 1 `"'; • • • ;' itar . • • Mgabgair7.4) Nat ' • • • ••=•-•4s, • •• • : 5•. • � • '.FY �S ; ,• • � �' • '��..✓s' ..L-+h1lr.�yr:�.• �~ I" �..•�•�P•r� ,•`• .•. •w;p�.,•i. n� '' �f f ;" ,:t- r _ ""�'^^'r'' •.i: r.': ��l�if��,y�{�( �` .. A 7D ppj�J,• -, sr 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 P1OtOV1 an 0 Does the applicant have a representative? ❑Yes MIS. • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes hd'No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more.than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 12.09.2020 1 I P a g e 17,,•PEake �g8 ' .:.' ;�i'm !,;z1 'dy F1{-..ty:• f.?.-A'Sh sitr:7•4,` "Rc° '`far4.:...` :� 4 r:. k,3, i:� • yy`3F�..•f•y.�- Ar.,]o.:i_,y• ,!, ! • r-•x:;p.' v� .+�'S"x .S'aI, bf."N.7 8i <��{a•.".shr• + :it'.ba .'{:{Z: !1'r'. - . h!•)•fM'C• !v...., q •i •!•a _ j f: f •,..e .,..• ..A4''. ... .. ... ..,' -1...„? ;..:.:•-•...t. ' •,.....' :•:.f.f:.,[:".,'•- ..-•• -••••• . , ..''. •T:-.7i.11.e.r.--....;•'.;• .•-•,...... .-./ -4 -'''..,. ..-• ..' ...."..f,"'"::'4:-4, ...a. '�r•'' •!;.71g,!• 'ti' •'�r.T,• ',' _�.. �-r'-{ f+47mY ..�~a;..?:. x L "'Y y OFF.-:7.' �5is: ;�:� •s~ ,-..r.r'r�'s'' •.R.S't *.r-:• 'd-•',a•� �• r :i �1�i'�� ,�� }f ` "S+`;,��''f"' '+� {�� .3°:' �c�{rj-S .�:q.. .4 h. -svf •q•.•!` . SS ..%�' P N,y i-....,`t4j��:7{'i1'11p!- �4�y_k., _..L:/�".!s'fit:. �J .> t.' .s� � ],a,i ').•. jfl:�Y•Y• .d.' •jZris'vC' % y:.• .. .. r''� =y'r:•"�TT'^' • .�!..•L' �S.•yam: ..�Ii � .�7�'JS na'i • f�R:• ! �..r. �} �: ��'tf..:f�r:[•�,«•j • _ _ _ .1 _ mot. _ - �i.� '•��y.. Y Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?L Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Maw M v rakWsue, 01 ,, . , _ .e_ ckt,,j. �h '�'P'�ot�t� o� 1 Mr (An o%c{efr 0 it V►r '+hi ai PO1 IC-e - ei t-. Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering an nancin In onnection with the subject of the application or any business operating or to be operated on the property? '® Yes o • If yes,identify the financial institutions providing the service. ? A- , ,. , _ . _ out, yr 0 .. 0' r '1!� L. in 2. Does the applicant h e a rea ;estate raker a agent/re or for currentt an icipat future sales of he subject property' DYes ENa • 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 ,inn connection with the subject of the application or any business operating or to be operated on the property? ElYes Er 1 • 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 1r IVo • • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?El Yes Ll N0 • if yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement . ,' :, w.„ F .Thtin.iv2,& Uunuiaii it\- - De.VeloPillent 6. Does the applicant have a construction contractorra� or�in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes V Iv0 • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in conn on 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. 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 IQ NO • 1f yes,identify the firm and individual providing the service. Applicant Signature certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 10 Asaiiid , I G 6 1 04 I-1 tiltimv44,4t.i A. cant Signat r e M . ienn'tfer 1J\urnAk.ssk._i A'tla,m Mom w5k % Print Name and Title 51231207-3 S 12317 O2 ; Date Is the applicant also the owner of the subject property? U Yir I 1. • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of I Date Signature L Print Name Revised 11.09.2020 3 E P a g e Cmum y�� am! (� f r� c CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to authorize the acquisition of temporary easements for the Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451 and 100452, either by agreement or condemnation PUBLIC HEARING DATE: July 11, 2023 MEETING DATE: July 18, 2023 • Background: The Seatack Neighborhood Drainage Improvement Project, CIP 10060, 100451 and 100452 (the "Project") is part of the Flood Protection Program, Linkhorn Bay Master Project. The Project area was identified in the Linkhorn Bay Drainage Basin Stormwater Master Plan as beginning to flood in a 25-year storm event and larger. Project construction includes upsizing the existing stormwater conveyance systems along South Birdneck Road north of Sea Street to the existing outfall at the cul- de-sac of Jackson Street. Additional pipes are increased and added with additional inlets being constructed along Sea Street and Burford Avenue. The Project has been designed to meet the current Public Works Design Standard Manual (PWDSM) and provide resiliency to the community through a 100-year storm event with 1 .5 feet of sea level rise. Public Utilities included utility betterments within the Project area, which primarily consist of replacing portions of the water lines along Sea Street and South Birdneck Road. Public Works-Stormwater Regulatory is cost participating by the addition of a manufactured treatment device to provide water quality treatment. Project work will mainly be within the existing right-of-way; however, to ensure proper grading and smooth transitions to the adjacent private property, temporary construction easements have been identified along 13 parcels within the Project boundary. Considerations: The Project will require temporary easements from 13 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. • Public Information: The last Citizen's Information Meeting (CIM) was held on November 17, 2022. A public hearing to be held on July 11 , 2023, and public notice of the item on July 18, 2023 will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which could delay the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate � 1--fir City Manager: 4 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY EASEMENTS 3 FOR THE SEATACK NEIGHBORHOOD 4 DRAINAGE IMPROVEMENT PROJECT, CIP 5 100600, 100451 AND 100452, EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS, the Seatack Neighborhood Drainage Improvement Project, CIP 10060, 9 100451 and 100452 (the "Project") is part of the Flood Protection Program, Linkhorn Bay 10 Master Project and the Project area was identified in the Linkhorn Bay Drainage Basin 11 Stormwater Master Plan as beginning to flood in a 25-year storm event and larger; 12 13 WHEREAS, the Project includes upsizing the existing stormwater conveyance 14 system along South Birdneck Road (north of Sea Street)to the existing outfall at the cul-de- 15 sac of Jackson Street. Additional pipes are increased and added with additional inlets 16 being constructed along Sea Street and Burford Avenue; 17 18 WHEREAS, the Project work will mainly be within the existing right-of-way; however, 19 to ensure proper grading and smooth transitions to the adjacent private property,temporary 20 construction easements have been identified along 13 parcels within the Project boundary, 21 which has been determined by the Department of Engineering to be the optimal location for 22 the construction of drainage improvements; and 23 24 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 25 public necessity exists for the construction of this important Project to provide flood 26 protection to the surrounding area, for the preservation of the safety, health, peace, good 27 order, comfort and convenience and for the welfare of the people in the City of Virginia 28 Beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 Section 1. That the City Council authorizes the acquisition by purchase or 34 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the 35 Code of Virginia of 1950, as amended, of all those certain easements (the "Property"), as 36 shown on the Project plans entitled "SEATACK NEIGHBORHOOD IMPROVEMENTS 37 VIRGINIA BEACH,VIRGINIA CIP 100600, 100451,AND 100452, PWCN-19-0031A,APRIL 38 2023," and more particularly described on the acquisition plats for the Project (plats and 39 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 40 Division, Department of Public Works, City of Virginia Beach, Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach,to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in the Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of so , 2023. CA16060 R-1 4/20/23 11vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d0201p044100880910.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL t 4Z �J SUFFICIENCY AND FORM �/' P L WO S/REAL ESTATE CI A RNEY r:-.�r.r .a ,.•..r.,a. _ N ,SOUTHERN BLVD 4,,,,,i, NORF_,OLKAVE _ W—�— 77,..,,,1241,, loa ir. ill ,,A,:,, . 3. , , /.,,,, i, , ,,,a id, a), 43 ."9-11 ',, . ,Ar ,-..-. ri.,.... . . 4p. 46( rA, , id • 1 , liri.,,..., ,:eli .14/ji %el 4, ...: „I'I' V/11h.4 , .1:* i yitifil,i, Ilag, A •• • •i- rye_ •,7 "` ' D 'A *N � ,' r /PPP _� a cy .1.7 a� m 17 � ,e4 I 4 y / (; 1. : � ry Ot .% /� , ', .e,,it '�� -.a ., JACKSON� -' � ,.,< _ • �� r '� �r . -� R r , ` E •S 401 f S 4 e It.'riti? • • , ,,, '4 4:1' I lil ', 1 ' / '', \* p •, ,,',....:,.. . V•. , 46.. . <<\,.., , , ,r.�.Tt.�lc*....gyp $$'' r _ - n. Oit a. . • *# ..„..„.. . - alr , , , .9=A j a 'OW \ N. / ' / / i 'I'/ ."' ').. ..' s* . . JENSEN DR ? :-�,. . • _am f''�N `, 11) .„, 7" Allii, 1or 3� 3 a 0;A, ...,,i r c a N a r'.. 1 1 2.I I I Iii I Ir Mir 7 INNII\ 1 .. LOCATION MAP 41 , ,.......„,A �-� " ^ SEATACK NEIGHBORHOOD Legend �� r DRAINAGE IMPROVEMENTS A.i y - 7; i- 4x< A: ` ' '' CIP# 100600, 100451, AND 100452 Project Area s' > C/" ' v � . _ — Feet City Property / ;r ` , 0 100 200 400 Prepared by P.W./Enq./Enq.Support Services Bureau 04/20/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\CIP 1006001CIP 100600 Aerial.mxc I �gK1N RD o 1.7 / __ o ,26�+ o SOUTHERN BLVD NORFOL'K AVE W —S�� E IRGINIA BEACH BLVD _.-- Lu ( o ir__. / s NORFOLK AV f 5� Z I O Q T p /CD Q `. 4 %BSITE �-m o p r o PO 4% s . -� J _r, h.,:?:� m A CI,�_., '_ a..., ,.. ---, ,.,,... . -.JACKSON <:- t__, . _.. . . . . ,_ F�RR'gR sT Or -- 11 a °Ell Or.#4* <4 ° U 0 Irro tics> w &,0") 1'c� 0 z n* ,_., °..0%.,74&-Ti;,-/ I 1 1 r __.:.._,// � :7' 44118, __, 0‘0 <> <1 - e - i lam' ,} • 1\/411? 4o414fr 4t JENSEN DR \ ' 4p0 ei "\'\\,, i J I I j o a , /O__ _L___I . . , 0 „/A ` ,/„ 1 = LOCATION MAP \k11 SEATACK NEIGHBORHOOD Legend DRAINAGE IMPROVEMENTS Project Area CIP# 100600 Feet City Property 0 100 200 400 Prepared by P.W./Eng./Eng.Support Services Bureau 04/20/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\CIP 100600\CIP 100600.mxd Ncr. ;s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as 352 Tuna Lane a/k/a North Bay and a City-owned 5' drainage and utility easement, located at the rear of 333 Back Bay Crescent MEETING DATE: July 18, 2023 ■ Background: Stephen M. Fabian and Tracy M. Fabian, Trustees of the Stephen and Tracy Fabian Living Trust dated February 2, 2021 (the "Applicants") have requested permission to construct and maintain a proposed vinyl bulkhead with two returns, a wharf, an open sided 4-pile boat lift, two (2) personal watercraft lifts and to maintain an existing retaining wall, a bulkhead and a concrete driveway (collectively, the "Temporary Encroachment") into City-owned property known as 352 Tuna Lane a/k/a North Bay (GPIN: 2433-27-3415) and a City-owned 5' drainage and utility easement, collectively the "Encroachment Area", located at the rear of 333 Back Bay Crescent (GPIN: 2433-22-7343). • Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments within 352 Tuna Lane a/k/a North Bay and the City-owned 5' drainage and utility easement, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. • Recommendations: Approval • Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estatejj City Manager: ,i)09 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS 352 TUNA LANE 7 A/K/A NORTH BAY AND A CITY-OWNED 8 5' DRAINAGE AND UTILITY EASEMENT, 9 LOCATED AT THE REAR OF 333 BACK 10 BAY CRESCENT 11 12 WHEREAS, Stephen M. Fabian and Tracy M. Fabian, Trustees of the 13 Stephen and Tracy Fabian Living Trust dated February 2, 2021, desire to construct and 14 maintain 137 linear feet of vinyl bulkhead with two (2) returns (12 linear feet and 17 linear 15 feet), a 5' x 84' wharf, a 13' x 13' open sided 4-pile boat lift, two (2) 6.0' x 5.7' personal 16 watercraft lifts and to maintain an existing 5.0' retaining wall, a 74.5'x 2.1' bulkhead and a 17 92.7' x 4.2' concrete driveway (collectively, the "Temporary Encroachment") within the 18 City's property known as 352 Tuna Lane a/k/a/ North Bay (GPIN: 2433-27-3415) and a 19 City-owned 5'drainage and utility easement, located at the rear of 333 Back Bay Crescent, 20 (GPIN: 2433-22-7343) and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 23 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachment upon the 24 City's property to such terms and conditions as Council may prescribe. 25 26 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stephen M. Fabian and Tracy 31 M. Fabian, Trustees of the Stephen and Tracy Fabian Living Trust dated February 2, 2021, 32 their heirs, assigns and successors in title are authorized to construct and maintain the 33 Temporary Encroachment as shown on the Exhibit entitled: "EXHIBIT 'A' — 34 ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, FOUR PILE 35 BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING 36 WALL & AN EXISTING BULKHEAD FOR: STEPHEN M. FABIAN & TRACY M. FABIAN, 37 TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 333 BACK BAY 38 CRESCENT LOT 48, SECTION 3, BACK BAY MEADOWS, M.B. 67, PG. 45.," Scale: 1" = 39 30', dated May 10, 2023, prepared by Waterfront Consulting Inc., a copy of which is 40 attached hereto as Exhibit "A" and on file in the Department of Public Works to which 41 reference is made for a more particular description; 42 43 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 44 subject to these terms, conditions and criteria contained in the Agreement between the City 45 of Virginia Beach and Stephen M. Fabian and Tracy M. Fabian, Trustees of the Stephen i 46 and Tracy Fabian Living Trust dated February 2, 2021, (the "Agreement"), an unexecuted 47 copy of which has been presented to the Council in its agenda, and will be recorded among 48 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 49 50 BE IT FURTHER ORDAINED, that the City Manager or his authorized 51 designee is hereby authorized to execute the Agreement; and 52 53 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 54 such time as Stephen M. Fabian and Tracy M. Fabian, Trustees of the Stephen and Tracy 55 Fabian Living Trust dated February 2, 2021 and the City Manager or his authorized 56 designee execute the Agreement. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 day of , 20 . 60 61 62 CA15802 63 R-3 64 Prepared: 6/28/23 c:\users\anegronrodriguez\appdata\local\microsoft\windows\inetcache\content.outlook\mtigeki0\revised ordinance-fabian-333 back bay crescent 6-28-23(003).doc 65 66 67 68 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 69 SUFFICIENCY AND FORM: 70 71 72 73 a -(' BLIC WORKS, REAL ESTATE EYER 74 NIOR CITY ATTORNEY 2 / FABIAN ENCROACHMENT EXHIBIT NORTH BAY 0 30 60 �EBB,D FLOOD 1..- 11.1111111e1111111....1111=li SCALE: 1"=30' -- _- -_ NOW OR FORMERLY _ CITY OF VIRGINIA BEACH 352 TUNA LANE GPIN: 24332734 150000 Doti 2' N INST:202IO3098999 1' i. EX.BULKHEAD m 8.9' o• �'`'�'� — — 74.5' — — TACK �r�"OP. �,, ^ i» N .:,,,AO, m 1_ 5.0 !./�A'' 6 N 00°23'00H E 145.50' (P) "' 1 +.0,?��y 4 EX.BKHD OF 'tj, � \ N 00°23'00" E 141.30' (F) HARRELL EX.RIPRAP \ r// // /// ' A0 I EX. RETAINING WALL OF HAWKINS \ \ ////// //A O� \ MIMI// I r L L' • I tcn NOW OR FORMERLY \ _ • L t 00 G� w PAUL V. $ MOIRA C. HAWKINS \ _•. `:. w o z v z \ / r W D 329 BACK BAY CRESCENT \ // v • N Co O GPIN: 24332272900000 \` \ / p t o v w �'n O D.B. 4450, PG. 2030 = \ 3STORY.FRAME L _): tm cwnNDw � u'`f\ #333 BACK BAY CRESCENT I - v = o �p,LTH pF _,o` \ P -4n > 2 00 0 \ IIIm-iL :''�. ^ti - N n rn p0 'CONCRETE w02 o o 10 . \ LDRIVEWAY' o -I • c.' SEAN E. GREEN a z-‘` \ }, 4.2' Lic. No. 0402 64005 \ A' ��``SS �G\ \ 5 NOW OR F...0„ ......,....7 ,% .\ 4. ' ' . 1. i 1 ORMERLY t ' Z /ONAL E \ \ TEPHEN M. f TRACY M. FABIAN LT \ 333 BACK BAY CRESCENT I t �� \ GPIN: 24332273430000 m sW‘ _ IN5T:202I03076583 ter? \ L. . I M.B. 67 PG. 45 ,\ \ I'lN I 5'DRAINAGE AND 0� TrUTILITIES EASEMENT R=125.00' L=45.16'(PLAT) ��‘ \\ I GRANTED TO CITY L=45.50' (FIELD) OF VIRGINIA BEACH CHORD:S 10°48'41" E 45.25' \ \ (M.B.67 P.45) DELTA:20°51'22" \ PF 1 EXISTING PF S 0023'90"W- PF 00 CONDITIONS /-- 794'TO INTERSECTION BACK BAY CRESCENT WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT'A' ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD '; ' 'M WATERFRONT INC. FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEE S OF THE STEPHEN -�`� CONSULTING, I AND TRACY FABIAN LIVING TRUST 2589 QUAU1Y000RT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 , PAGE 1 OF 5 STONE GREEN CONSULTING,LLC 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 / FABIAN ENCROACHMENT EXHIBIT MHW&MLW AT FACE OF NORTH BAY 0 30 60 EXISTING BULKHEAD PROPOSED ELECTRIC CONNECT LFLOOD—� ril.16.61.1161=IIIIMENII 1" _ ® 141.2' SCALE: =30' OPEN SIDED — __ __ _ __ __ _4 PILE BOAT LIFT —1 - - --- 6.0 ^ 5.5' PROPOSED WHARF NOW OR FORMERLY A�1 w ® ^' vr WITH&(2)PWC LIFTS CITY OF VIRGINIA BEACH , 40' 40' in 352 TUNA LANE ' 14.3 - '- 1D-57.1' o . PIN: 24332734150000 Ln 40' 24.0 97� ^ INST:202103098999 .. —_ - _ ��r�4" - - PROPOSED 137 LF OF i ~ —TACK— °,,fir 4.1' •I - —— \ VINYL BULKHEAD WITH — — .� /0441 \ 1 !i.�r Al2LF&17LF RETURN �:, � \ , I PROPOSED BULKHEAD:HEAD: .1::. PF \ " I" S 89°37'00"E 12' 1 S 01°53'12"W 97' EX.RIPRAP 7 OF HAWKINS \ 1 /.'7 A I S 04°06'46"E 40' NEW ELECTRICAL %//%/////. OOz I N 79°34'08" E 17' UTILITY LINE 1 \ i mix mile�% N OOo23�00 E 145.50 (P) ,' N 00 23 00 E 141.30' (F) NOW OR FORMERLY , \ \ = / PAUL V. 4-MOIRA C. HAWKINS 0- 7 • o w 329 BACK BAY CRESCENT / 11 co • z v z GPIN: 24332272900000 ‘ \ . .' 1 �' N CO K o D.B. 4450, PG. 2030 \ E ,�"' w c> rn 3STORYFRAM w w _„ ' � ,11.. Io U,w � cno \ #333 BACK BAY CRESCENT o (n N D 7fl �� 4 �.' = N �� m i v y NTH °� 41 1 � ��a 0,� �,� 1 _ ONr � C) r c) ' —,- . F ! SEAN E. GREEN \ \ ' : I' ' • tic. No. 0402 64005 , \ 4 , �, �, itirw Z ..9" NOW OR FORMERLY [ 1 0 \ STEPHEN M.$TRACY M. FABIAN LT IFS G\ \ 333 BACK BAY CRESCENT • 1 po m S� c.\ ri GPIN: 24332273430000 / �NAI. �� \ INST:202I03076583 M.B. 67 PG. 45 SILT FENCING FOR SITE ACCESS s \\ - 1 5'DRAINAGE AND AND PROJECT AREA �il,` UTILITIES EASEMENT R=125.00' L=45.16' (PLAT) �4� \ I GRANTED TO CITY L=45.50' (FIELD) \ c OF VIRGINIA BEACH \ \ 1 CHORD:S 10°48'41" E 45.25' I 1 (M.B.67 P.45) DELTA : 20°51'22" PF __ ` k L . � — —---� — PROPOSED PF�' 5 00 90°.0023,40"W PF IMPROVEMENTS / 794'TO INTERSECTION BACK BAY CRESCENT `WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY,EXISTING RETAINING WALL & AN EXISTING BULKHEAD P, ftinWATERFRONT FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE"STEPHEN —`—` CONSULTING, INC. AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 ' MAY 10, 2023 ' PAGE 2 OF 5 STONE GREEN CONSULTING,LLC 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 0 FABIAN ENCROACHMENT EXHIBIT PROPOSED OPEN SIDED BOAT LIFT CROSS SECTION LI 13' • 12'CENTER TO CENTER BOAT LIFT TO BE INSTALLED IN ACCORDANCE WITH MANUFACTURER'S 10"DIAMETER WOOD PILING RECOMMENDATIONS AND MAXIMUM 12'ON CENTER- SPECIFICATIONS LENGTH TO BE MINIMUM 50% PENETRATION;CONTRACTOR TO SELECT ACTUAL LENGTH(SEE NOTE BELOW) PROPOSED WHARF MHW EL: 1.5' MUDLINE MLW EL:-1.3' //�/ ��\,<j\/\�j`///\>\/////// �/2//// \//\/ // i\% /`�/ ;\/;\/2%\/,/ //, /\ z„,>,\/„.„ NOTES 1::f 10I-J 1. ALL TIMBER MATERIAL FOR USE IN THIS MARINE ENVIRONMENT SHALL. BE PRESERVATIVE TREATED IN ACCORDANCE WITH THE A WPA. 2. ALL HARDWARE SHALL BE E GALVANIZED IN ACCORDANCE WITH ASTM �c.�►L T OF A-153. 3. DRAWINGS ARE FOR PERMIT PURPOSES ONLY,AND DO NOT � 'PC CONSTITUTE FULL DESIGN DRAWINGS. �e y 4. NO HYDROGRAPHIC SURVEYS OR SOIL BORINGS HAVE BEEN TAKEN TO CONFIRM SUBSURFACE SOIL CONDITIONS(FOR PILE LENGTH (' SEAN E. GREEN a DETERMINATION). LIC. No. 0402064005 5. ABNORMAL SITE CONDITIONS NOT READILY APPARENT HAVE NOT ,Q BEEN TAKEN INTO ACCOUNT,AND MAY REQUIRE MODIFICATIONS TO THE MINIMUM PILE LENGTHS SHOWN. fit. 6. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY DEPTH OF FSS/ONAL �G WATER AND SUBSURFACE CONDITIONS AND TO SELECT PILE LENGTHS ADEQUATE FOR THE STRUCTURE. 0 4 8 EXHIBIT'A' - ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, SCALE:1"=4' (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, , EXISTING RETAINING WALL & AN EXISTING BULKHEAD ', ' O WATERFRONT �_��, CONSULTING, INC. FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B. 67, PG.45 MAY 10, 2023 PAGE 3 OF 5 STONE GREEN CONSULTING,LLC CI 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 • FABIAN ENCROACHMENT EXHIBIT PROPOSED PERSONAL WATERCRAFT LIFT CROSS SECTION SINGLE PILING/SINGLE MOTOR, 1500 SWINGER LIFT W/ WAS "G LOCKWASHERS,A NUTS - r ID •, ,r 1/ZX4'SS LAG BOLTS FILINaT AILUHi 'S 0 . Sm'ss csteu*reAr +ers tom novt:1nrn . 6 f$ 1 1 I 0 ,P* ' ,'11! 0 '';:N. si 0 , . .,-.-.- -,:l. ,.... ., , ,, ,...- : i . f 1 eg..-• ..I I 0 ei :.t.�� Q . - �: ......• /0 xr.��•''7 rY r .0 . MAST TO ARM CONNECTION FASTENED © E,. WIN 16)1/2' S 1"W/"Awn AND N NOTL"All OTHER BOLTS iNOTs�ca9cALLr.NUMBERED ARE FASTENED WNW J?SS BOLTS WITH WASHERS AND SEAWAItL MOUNT PIik!G mom. NUTS. 1D - 01 02 03 04 05 06 07 08 04 10 11 NOTE T1ilS STRUCTURE MAST MI6.CAPACITY MAST MOM SCOW NOCNT MTMG GTlICE MAW rif-DS IlPT018061PH AMEISLY iRAC ET SITE CAW 1 warns IMAMS �MAU WWII CALCULATED PER 20T7 Rai Epinal)AID m aira�c ASCE7-05.vissat SHALL 1500LBS, esaras• ►.,, wara,c wr ovioAr. - - liKor. �.ruxra tara� .a•aras• st•acar misia,ar - WDTBESTOR®ONUFT IdJ I A !TPJ JV w ter. s '�Z'r'?I M CAI wivrM wu615,14 ae D41Rs?VG H1Gli WT`ID nei wse oaire rat MOLTS * A1O°i 0° ' EVENTS. aw+Ma *LIFT TO BE INSTALLED ACCORDING TO MANUFACTURERS RECOMMENDATIONS&SPECIFICATIONS �tp,tTH of. • 4* c o ? . (' SEAN E. GREEN a Lic. No. 0402 64005 -o EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A -4-4„ ECG\ PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, /ONAL (2) PWC LIFTS,EXISTING CONCRETE DRIVEWAY, ,., �; EXISTING RETAINING WALL & AN EXISTING BULKHEAD '4 'jJrFOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN CONSULTING, INC. AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 PAGE 4 OF 5 STONE GREEN CONSULTING,LLC 0 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD R1015,AKRON,OH 44333 \ (330)883-2117 e FABIAN ENCROACHMENT EXHIBIT CONSTRUCTION OF A SILT FENCE (WITHOUT WIRE SUPPORT) 1.SET THE STAKES 2. EXCAVATE A 4"x 4"TRENCH 16'MAX. I UPSLOPE ALONG THE LINE OF STAKES _11-_,/ I ----isi:1 1:--------- -- ,,..____) 7 ' . — i(1 11;, j2 I 11 -�y----- Jf_. iill FLOW I= -�� III _ I,•, r = III - I••' 3.STAPLE FILTER MATERIAL 4. BACKFILL AND COMPACT TO STAKES AND EXTEND IT THE EXCAVATED SOIL INTO THE TRENCH .7�� !\i• 'ern - %'•;:t,. - IFS ' fir} s''. •''.:%, A�'•i'. .'r•'a�+%, ';�'' • �•S'•i' '.•i;' :i. ,r,:f� •i•,,: ZIt'p�'.i' :.•:;�'� .�' �.' S'•,'1:! '�`.!.•d 'i�i,.'�•:!sus''��' • /. •� r��+1````.a.!`.•:::'�:`••'.l•gyp'`. 1:::•:.k.''';A ::;i•:•1•:':'• S .4'446•Vr:;4':: #. 1 I" —/-- — —_...-..."" . ..':.:1.?fiig...,„ .(--:— 1 1 I! rt 'iii I - FLOW =I IIII III — III I—] „ SHEET FLOW INSTALLATION 40.L T H oi, (PERSPECTIVE VIEW) �4 GI o SOURCE: Adapted from Installation of Straw and Fabric Filter Barriers ••ceedinSFAN E. GREEN Control,VA.DSWC Sherwood and Wyant '.•.TEE65-Ro• 0402064005 -o c T-• -. -------7.. Az----4v EXHIBIT 'A'- ENCROACHMENT REQUEST FOR '`Fs tkc PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, S%ONAL - (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, .Ito EXISTING RETAINING WALL & AN EXISTING BULKHEAD '4 rr:',Hioef' .1 : WATERFRONT _` J CONSULTING, INC. FOR:STEPHEN M.FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: • M.B.67, PG.45 MAY 10, 2023 PAGE 5 OF 5 STONE GREEN CONSULTING,LLC 0 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883.-2117 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) TI{ THIS AGREEMENT, made this ato day of J unit 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEPHEN M. FABIAN and TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST DATED FEBRUARY 2, 2021, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "48" as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORP. PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," Scale: 1 100', dated July 16, 1964, prepared by W. B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 333 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain 137 linear feet of vinyl bulkhead with two (2) returns (12 linear feet and 17 linear feet), a 5' x 84' wharf, a 13' x 13' open sided 4-pile boat lift, two (2) 6.0' x 5.7' personal watercraft lifts and to maintain an existing 5.0' retaining wall, a 74.5' x 2.1' bulkhead and a GPINs: 2433-27-3415 (352 TUNA LANE A/K/A NORTH BAY AND A 5' DRAINAGE AND UTILITY EASEMENT - CITY PROPERTY) 2433-22-7343 (333 BACK BAY CRESCENT) 92.7' x 4.2' concrete driveway collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as 352 Tuna Lane a/k/a North Bay, (GPIN: 2433-27-3415) and a City- owned 5' drainage and utility easement, collectively the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of.One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' -- ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD FOR: STEPHEN M. FABIAN & TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 333 BACK BAY CRESCENT LOT 48, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45," Scale: 1" = 30', dated 2 May 10, 2023, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered, hereinabove by 4 • this Agreement, the City may impose a penalty in the sum of One Hundred .Dollars ($100.00) pe.r day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, STEPHEN M. FABIAN and TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST DATED FEBRUARY 2, 2021, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , .CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STEPHEN M. FABIAN AND TRACY M. FABIAN, TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVI RUST DATEC1,FfSRUARY 2, 2021 B : , TEPHEN M. FABIAN, Trustee By: j.'ti ,' 714 L :2#t-' CY M. FABIAN, Trustee STATE OF G CITY/COUNTY OF VIi hr A — , to-wit: The foregoing instrument was acknowledged before me this C-3 a day of , 202, by STEPHEN M. FABIAN and TRACY M. FABIAN, Trustees of the Stephen and Tracy Fabian Living Trust dated February 2, 2021. (SEAL) Notary Public 1OAWA7t*.,,� , .•• NOTARY (�% • PUBLIC :SA N REG.#7975564 ;33 Notary Registration Number: 7 G/7 S- � = MYCOMMISSIOW S ; . EXPIRES My Commission Expires: ?o ( °?- (o 913012 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 9e'tefit - 4..-- PUBLIC WORKS / AL ESTATE C?: YER SENIOR CITY ATTORNEY 7 FABIAN ENCROACHMENT EXHIBIT NORTH BAY 0 30 60 -IEBBa FLOOD SCALE: 1"=30' _ - - -- - _ NOW OR FORMERLY -- _ _ CITY OF VIRGINIA BEACH 352 TUNA LANE GPIN: 24332734 150000 p,.)- , INST:202I03098999 12 `,' � EX.BULKHEAD ^ 8.9' -• .45 , 0t ., _35.5=_ o iip.','4 _ _ 1 _74.5' —__ _. r TACK_ m r•:� r/�•�14:4f o i n M M I_ 5.0 ,0., 3 E N.00 23 00 E 145.50 (P) 1 EX.BKHD OF -1 N 00°23'00" E 141.30' F m '" \ O • L "}" HARRELL PFlz \ . EX.RIPRAP \ r// /� �// AO N EX. RETAINING WALL OF HAWKINS \ \ ////� //A L OZ \ Ella L:" . IV NOW OR FORMERLY \ \ — . f PAUL V. $MOIRA C. HAWKINS \ _. ° o z v z 329 BACK BAY CRESCENT \ // P CO GPIN: 24332272900000 \ / ° ,� o U' _p n rn D.B. 4450, G. 2030 \ I w cn O 3STORYFRAME." } Im cnND � � s s` #333 BACK BAY CRESCENT I J _ O \‘‘‘.,p,L T H Off.` o o°\\\ m��.,� -� � r\., s �� CI pooh �\ C�OI�CRETE� I w o z r Z = ,DRIVEWAY1 o ---I .) SEAN E. GREEN z \ ' 4.2' \ Lic. No. 0402 64005 \ \ .,. V ,o o NI, iff ,`s, \t \ \ NOW OR FORMERLY —'z WONA` \ STEPHEN M. TRACY M. FABIAN LT L �\ 333 BACK BAY CRESCENT I C �cP. \\ GPIN: 24332273430000 i rn • cA\ INST:202 10307G583 I mac? \ L- M.B. 67 PG. 45 `\ \ °' y'L 5'DRAINAGE AND N O‘ \ .4' UTILITIES EASEMENT R=125.00 L=45.16 (PLAT) �� GRANTED TO CITY L-45.50' (FIELD) OF VIRGINIA BEACH CHORD:5 10°48'41'' E 45.25' \ \ i \ `::, I (M.B.67 P.45) DELTA. 20°5122 PF Iv EXISTING 509000 W PF CONDITIONS S 794'TO INTERSECTION BACK BAY CRESCENT WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD _ , Q WATERFRONT �� : CONSULTING, INC. FOR:STEPHEN M. FABIAN &TRACY M. FABIAN TRUSTEES OF THE STEPHEN - AN D TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10, 2023 PAGE 1 OF 5 STONE GREEN CONSULTING,LLC ®2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 FABIAN ENCROACHMENT EXHIBIT MHW&MLW AT FACE OF NORTH BAY 0 30 60 EXISTING BULKHEAD —EBB PROPOSED ELECTRIC CONNECT ' .FLOOD OPEN SIDED v _ v _ 141.2' SCALE: 1"=30' 13, _ — -- -- - - . - -- - 4 PILE BOAT LIFT —r d ^. PROPOSED WHARF NOW OR FORMERLY A 1 w N -• 'l6.0 5.5 WITH&(2)PWC LIFTS CITY OF VIRGINIA BEACH 40'� -- 40' m- 352 TUNA LANE �� r. u14.3' 40' 24.0 ■_ 97' r -57•1' o PIN: 24332734I50000 ,..�.:.1.�.e�__ •.. ,..__._. INST:202 103098999 40'�►it' - — _ TACK Ln �' -Al ---4- - PROPOSED 137LFOF - - -- 6 .4: 4.1'V:" ; ,N F.�re �O I VINYL BULKHEAD WITH I 1..-1 40 .0y: I A 12 LF& 17 LF RETURN (kV'i \ , '. PROPOSED BULKHEAD: �'}e,- S 89°37'00"E 12' PF� \ I NI" 1 S 01°531.2"W 97' EX.RIPRAP I S 04°06'46"E 40' OF HAWKINS \ I r///////// ' P00 N 79°34'08"E 17' NEW ELECTRICAL /� �/ / I UTILITY LINE % \ I Wm // L '':, • N 00°23'00" E 145.50 (P) NOW OR FORMERLY \ • N 00 23 00 E 141.30'(F) PAUL V. s MOIRA C. HAWKINS \ I_® 1111111‘"P O c" 329 BACK BAY CRESCENT \ . I // co • z v t_ z GPIN: 24332272900000 \ \ / ° 1 w �, co D.B. 4450, PG. 2030 ' - (� rn 3 STORY FRAME L .w(. I o w W cn g \ #333 BACK BAY CRESCENT o CO Q7 -1 tp rri Oho\ "L.IJ',L .I.. I _G N O D ��p,LTH OF �, I 1 70 rn `/ S\ L.+4 L I .- n9 \ �O .per C -. o z '- SEAN E. GREEN \ 4'' Lic. No. 0402064005 ' \ • ' , "� �O � NOW OR FORMERLY I O ' G .�� \ STEPHEN M.4 TRACY M. FABIAN LT 1 333 BACK BAY CRESCENT • p F`Ss L t G ram,, \ GPIN: 24332273430000 ^n N A CO --co \ \ INST:202 103076553 ifibtl \ L.- ; ( 1 M.B. G7 G. 45 SILT FENCING FOR SITE ACCESS �\ \ � 5'DRAINAGE AND AND PROJECT AREA -o \ UTILITIES EASEMENT R=125.00' L=45.16' (PLAT) O\ I . GRANTED TO CITY L=45.50' (FIELD) �� \ " OF VIRGINIA BEACH CHORD:S 10°48'41" E 45.25' \ 1 (M.B.67 P.45) DELTA:20°51'22" \ ' __-� - L r - I_b -- PROPOSED S 00°23'90"W PF PF - 90.00 IMPROVEMENTS / 794'TO INTERSECTION BACK BAY CRESCENT d WITH SAND BEND ROAD 50'RIGHT-OF-WAY EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A REF: M.B. 67, PG. 45 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, _ • EXISTING RETAINING WALL & All EXISTING BULKHEAD ' WATERFRONT A CONSULTING, INC FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN - AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B. 67, PG.45 MAY 10, 2023 PAGE 2 OF 5 STONE GREEN CONSULTING,LLC 0 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 0 (330)883-2117 FABIAN ENCROACHMENT EXHIBIT PROPOSED OPEN SIDED BOAT LIFT CROSS SECTION -1I 13' 1.-Ij 12'CENTER TO CENTER BOAT LIFT TO BE INSTALLED IN ACCORDANCE WITH MANUFACTURER'S 10"DIAMETER WOOD PILING RECOMMENDATIONS AND MAXIMUM 12'ON CENTER- I SPECIFICATIONS LENGTH TO BE MINIMUM 50% I fl PENETRATION;CONTRACTOR TO SELECT ACTUAL LENGTH(SEE = NOTE BELOW) PROPOSED WHARF I 1 o 1 , MHW EL: 1.5' MUDLINE x\x/\ \\ `/��/� /\/\/\/ / / / / // / /\<//\/\/ �V//v•/ •/ �,(✓A ,i / ,.A/A//.�/A AAA�,�/i,. /'/'/\// �i.//.\ice/,\X\ ,i( NOTES Li ill 1. ALL TIMBER MATERIAL FOR USE IN THIS MARINE ENVIRONMENT SHALL BE PRESERVATIVE TREATED IN ACCORDANCE WITH THE AWPA. • 2. ALL HARDWARE SHALL BE GALVANIZED IN ACCORDANCE WITH ASTM AO,NO T H o, A-153. •O* `/ 3. DRAWINGS ARE FOR PERMIT PURPOSES ONLY,AND DO NOT '�C CONSTITUTE FULL DESIGN DRAWINGS. 2 4. NO HYDROGRAPHIC SURVEYS OR SOIL BORINGS HAVE BEEN TAKEN 0 TO CONFIRM SUBSURFACE SOIL CONDITIONS(FOR PILE LENGTH (-' SEAN E. GREEN DETERMINATION). Lic. No. 0402064005 5. ABNORMAL SITE CONDITIONS NOT READILY APPARENT HAVE NOT , BEEN TAKEN INTO ACCOUNT,AND MAY REQUIRE MODIFICATIONS TO :, .,-_-L THE MINIMUM PILE LENGTHS SHOWN. 6. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY DEPTH OF es, ,vIG\` WATER AND SUBSURFACE CONDITIONS AND TO SELECT PILE ONAL LENGTHS ADEQUATE FOR THE STRUCTURE. 0 4 8 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A 61.1%111111 PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, SCALE:1"=4' (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, �- 9 WATERFRONT EXISTING RETAINING WALL & AN EXISTING BULKHEAD CONSULTING INC. FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48,SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B. 67, PG.45 MAY 10, 2023 PAGE 3 OF 5 STONE GREEN CONSULTING,LLC Q 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 • e FABIAN ENCROACHMENT EXHIBIT 0.... .,•,•■% PROPOSED PERSONAL WATERCRAFT LIFT CROSS SECTION SINGLE PILING/SINGLE MOTOR, 1500 SWINGER LIFT 3/4`SS BOLTS THRU DUNG- W/PIIINGWASHE2S .I LOCKWASHERS.AND NUTS ` 1/2 X 4"SS LAG BOLTS (3IN VP'' nw rr+ wren a ev P ■: rer� ?N PUNT ell I WAGER RESPONDER MR t CONCRETE, SLAB DESIGN :4° 'Ta i. 0 ill ! 't tr. 1 0 ,-.. ''.NN...N. ill @ ' 1i i1 0 0 0 0 ) w . '., , MAST TO ARM CONNECTION FASTENED -"<`': ';:' NM114 UTS/6)1/r ss rs Ba W/WASHERS AND NOR:All maemuNOTSPECIWCALLY NUMBERED ARE FASTENED WITH l it SS BOLTS WITH WASHERS AND SEAWALLMOUNT PILING MOUNT NUTS. 1552 0 i 02 03 04 05 06 07 08 09 10 11 NOTE:THIS STRUCTURE MAST HUNGWil WITHSTAND WM CAPACITY MAST MOTOR AlsOsi Air BRMOUNT �1 C C mu lame Ts Car CLIA E T9RMT1 D S TED r B.c �17 Ioni EDficN1 AND yra s i r a sy ASCE 7-0S.VESSELS SHALL ism LBS. sr:.Iry iti, 'rrsralo . CnJMfl. W OK rssciso faraar srarar sra•-air .IV ,CZr, NO:EESTOREDONUFT wurwvw rwwur s. jo ss Or. PSw aM cwwa� wur.�a,H wusrwrn w DJRING HfGH Wf`m AM MN "wMauM ooertPOW rood Matz TM mew EVENTS. w 100135 ara *LIFT TO BE INSTALLED ACCORDING TO MANUFACTURERS RECOMMENDATIONS&SPECIFICATIONS 4t N L T H OF o SEAN E. GREEN tic. No. 0402 64005 L , EXHIBIT 'A' — ENCROACHMENT REQUEST FOR A frF'S.c. t EAG\` PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD WATERFRONT FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN CONSULTING, INC. AND TRACY FABIAN LIVING TRUST 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48, SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B.67, PG.45 MAY 10,2023 PAGE 4 OF 5 STONE GREEN CONSULTING,LLC CI 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROADt11015,AKRON,OH 44333 (330)883-2117 FABIAN ENCROACHMENT EXHIBIT CONSTRUCTION OF A SILT FENCE (WITHOUT WIRE SUPPORT) 1.SET THE STAKES 2. EXCAVATE A 4"x 4"TRENCH 16'MAX. I UPSLOPE ALONG THE LINE OF STAKES i „ /-- - LW. ,'----- ,/—>„.„....._./‘ --- ------ .-------- ,d;g- j-/- .)- ______ .„----..--.7 ' /"--"-:-/".----.N.----- — j- - IIII FLOW --L--- ti. ,_-, ill In III I.,.. 3.STAPLE FILTER MATERIAL 4. BACKFILL AND COMPACT TO STAKES AND EXTEND IT THE EXCAVATED SOIL INTO THE TRENCH to �1' ;,, i:. . ma IRn ::' :`;r�•.:•• f1i1 IRn :::1 .•t• '.5t v f'',.:'q:l... :. 'fliti.y s• .p.•�.ty:;,�':,i%..,.:'r ''..!i{ri::::•4ii f..i.�, ; ';':` Y'. ''.i• ;%:•`.'3', ids\'' 4: :,,V ?,44.4:':•'!; •i::�:!$.Ve,.!.4 �I� '1•. •i .: y.rA L.q:r"...... ;L::!:-A. t1„...1i..�.:�la:y.•�1•,:. �,U.ti,. Yy.: �7'�0\1'; ;t:l � ,�e.!�S•''//r:11. .ri;:•::.�.•1•.:1:.1',� .��,�S,j,.•.:'•' ,\{{�. .�.5:. d, - vass'iG%�la•.• 's,.a'•4rr.��d•.,../�1'' 44,,, 0..V.,,:w.d...,;1.vv,..p.,•,••••.::.vii •••,,v;.•;.,:i.,,vor,v,:v 'oi......;•:,, 2......./s p•;, {..1 - "W,•sr,\i',1;�;y:,s.sssa�',.•t.:.l I II 'I'••J\"•" '�5•�� FLOW �� `= IIIIt - - ='i ► 1II ill= = -, 1 II1 I,,r Ill 1��11 I • SHEET FLOW I NSTALLATI - ��'�TH of ON • o� `/ (PERSPECTIVE VIEW) •• 0 SOURCE: Adapted from Installation of Straw and Fabric Filter Barriers f''ceedinSfrAN E. GREEN Control,VA: DSWC Sherwood and Wyant •••,TE Eit05+10/ 0402064005 EXHIBIT 'A' - ENCROACHMENT REQUEST • '� ��Q EST FORA cSe% ALEvG PROPOSED BULKHEAD, WHARF, FOUR PILE BOAT LIFT, (2) PWC LIFTS, EXISTING CONCRETE.DRIVEWAY, EXISTING RETAINING WALL & AN EXISTING BULKHEAD R WATERFRONT CONSULTING, INC. FOR:STEPHEN M. FABIAN &TRACY M. FABIAN,TRUSTEES OF THE STEPHEN ' AND TRACY FABIAN LIVING TRUST- 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH,VA 23454 333 BACK BAY CRESCENT PHONE:(757)425-8244,MOBILE:(757)619-7302 LOT 48, SECTION 3, BACK BAY MEADOWS ENGINEERING SERVICES PROVIDED BY: M.B. 67, PG.45 MAY 10, 2023 PAGE 5 OF 5 STONE GREEN CONSULTING,PLC 0 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 Fabian Picture Exhibit o * -.. _ -4F k t -: It .. .* ,: o c - Similar Encroachments - }' - ,.., e \ „„ ._ 1,-:1,--3, _____-- .0., . .' r•Fy 1 1. r.....›.40 N.._ ... , _ . _ _ ...., _ -_ - , ir - CK BAY C', ' 'W s Project Location ` [.; a . OP x } ;'i9 i. ; ` Virginia Beach GIS showing nearly every property on Back Bay Crescent with some form of similar Encroachment. Fabian Picture Exhibit r -,' ,{ ... Is' n ._!._. _.._. , Erg l:�w l n' :.7 r t - •........n - .. .. T.R. ` View looking North of similar encroachments . i .�- x: H View Looking South East of a recently constructed retaining wall. N 1 N W �0,50' — E r �,m c‘ s SITE ,r \ , . ) i , . .. ... . -- ___...,.... , ...___ ;- _......„ cso ---- .., = ie.l'y • __ P , le... LOCATION MAP ENCROACHMENT REQUEST FOR STEPHEN M. FABIAN AND Legend TRACY M. FABIAN, TRUSTEES OF THE City Property STEPHEN AND TRACY FABIAN LIVING TRUST Feet 2433-22-7343 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 3/8/2023 X:\CADD1Projects\ARC Files\AGENDA MAPS12433-22-734;; ` J0 1-N, 1 \,,, g.1 , . ; W �� E : 14 1r "---•'..".,:. 1' . �.* ij + .Y 1 f t j • ,sa ti ti } ` f'4 K( d �r 1�y t. r r , 5.t P cts! lfsa lei} A �- ♦ ( ' r itr?` ( iit4� S 4 ! �1 r r "p ky �?Z's " z.x e ( ems' 1 4 1. 1. •i r, • (;, ,- •�aF ~r i,it t.;4 f 4 A� v j 5 i t (" "(.' '� ;yq i Q *'4"x ,...fir . • • ! 4 • . t ! ,4, `• , k }. (.. 'K r v _` tit• :' yte.� it• (�1 e.,04 I, ('`- �. _ z {' ! : 7 'l' f,�f -1N• / ' ti �4:n hc,v • k'F Y..N n 1 a L 7,/,-. $? V "I•�i 1. Y '4 • • • t 0.Y Jk f �".13 'L• : ''E'' 111111111111 ' " "°, , �, , LOCATION MAP ., ENCROACHMENT REQUEST FOR STEPHEN M. FABIAN AND Legend TRACY M. FABIAN, TRUSTEES OF THE City Property STEPHEN AND TRACY FABIAN LIVING TRUST Feet 2433-22-7343 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 3/8/2023 X:\GADD\Projects\ARC Files\AGENDA MAPS12433-22-7343 Aerie Disclosure Statement 11113 City of vopili,d•urh Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Stephen and Tracy Fabian Living Trust Does the applicant have a representative? • Yes ❑ No • If yes,list the name of the representative. Robert E.Simon,V.P.(Waterfront Consulting, Inc.) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? U Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Stephen Fabian Tracy Fabian • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement City cfVyBoats Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 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? IN Yes ❑ No • If yes,identify the financial institutions providing the service. Towne Bank- Primary Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 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?0 Yes NI No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure StatementVf3 cuy of Vizvfreua.0 Planning& Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in 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. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1 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 Stephen and Tracy Fabian Living Trust Print Name and Title &—2G-L3 Date City of Virginia Is the applicant also the owner of the subject property? 0 Yes IN No Beach (Owner) • 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 cD4 t, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal, located at the rear of 2313 Spindrift Road MEETING DATE: July 18, 2023 • Background: Sunny J. Caraco and Danielle Caraco (the "Applicants") have requested permission to construct and maintain a vinyl bulkhead with two (2) 10' return walls, a wharf, two (2) boat lifts, and a jet ski floating dock, (collectively, the "Temporary Encroachment") into City-owned property known as Treasure Canal, located at the rear of their property at 2313 Spindrift Road (GPIN: 2409-09- 4534). • Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal, which is where the Applicants requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate. City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2313 SPINDRIFT ROAD 9 10 WHEREAS, Sunny J. Caraco and Danielle Caraco (the "Caracos") have 11 requested permission to construct and maintain a 119' vinyl bulkhead with two (2) 10' 12 return walls, a 6' x 66' wharf, a 15' x 15' boat lift, a 12' x 12' boat lift (with a maximum 13 encroachment distance of 26.9') and a 10' x 14' jet ski floating dock (collectively, the 14 "Temporary Encroachment")within the City's property known as Treasure Canal, located 15 at the rear of the Caracos' property at 2313 Spindrift Road (GPIN: 2409-09-4534); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachment upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Caracos,their heirs, assigns 26 and successors in title are authorized to construct and maintain the Temporary 27 Encroachment as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 28 REQUEST FOR A PROPOSED VINYL BULKHEAD, PROPOSED BOAT LIFTS, 29 PROPOSED JET SKI FLOATING DOCK AND A PROPOSED TIMBER WHARF FOR: 30 SUNNY J. & DANIELLE CARACO 2313 SPINDRIFT ROAD, LOT 242, SECTION 2, BAY 31 ISLAND M.B. 48, PG. 15," Scale: 1" = 40', dated January 10, 2021, and prepared by 32 Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit"A", and on file in 33 the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Caracos (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Caracos and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: :. 'A ---,- PUBLIC WORKS, REAL ESTATE . H YER SENIOR CITY ATTORNEY CA15822 R-1 Prepared: 6/15/2023 1\vbgov.comldfsl\applications\citylaw\cycom321wpdocs\d0101p046100857453.doc CARACO ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. !DOTING.50 3 M TREASURE CANAL city of virginia beach N m.b.48 p.15 EXISTING PWC FLOAT (TO BE REMOVED) EXISTING EXISTING BOATLIFT BOATUFT (TO BE REMOVED) F3(15TING IARi' EXISTING WHARF EXfS (TO BE REMOVED) 15NG w O T/NG Bu D' �W PAD �4°1'31 N 77°12'2 5 0 57.49' 1 Preben v.&Stephanie g.Raaschou GPIN:2409-09-3515 inst#20200420000342230 John E.Kubichan and Terry R. m.b.48 p.15 lot 243 Kubichan Trustees of the kubichan [>'‹ living trust m GPIN:2409-09-5563 N�` o inst#20181108000920050 yd. Sunny j,&Danielle Caraco m.b.48 p,15 lot 241 �I GPIN:2409-09-4534 — `n inst#20181005000825970 _ w m.b.48 p.15 lot 242 —,'b I Zr - CONCRETE DRIVE I R= G70.G2' L= 130.00' Chord = N 84°O9'16°W 1 29.98' Delta = I I°O7'22' SPINDRIFT ROAD 0 40 80 830'TO LEEWARD 50'RIGIIT or WAY SNORE DRIVE (REF:MB 48 F 15) SCALE:1"=40' EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A EXISTING PROPOSED VINYL BULKHEAD, PROPOSED CONDITIONS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK AND A PROPOSED TIMBER WHARF WATERFRONT r Zit CONSULTING,NG, INC. FOR:SUNNY J.&DANIELLE CARACO 2313 SPINDRIFT ROAD, LOT 242,SECTION 2,BAY ISLAND 258�QuAtlrEA H V 45323 VIRGINIA B EACH,VA 23454 M.B.48,PG. 15 PHONE:(757)425-8244,MOBILE:(757)619-7302 DATE 1/10/2021 PAGE 1 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC. 02022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 AKRON,OH 44333 f CARACO ENCROACHMENT EXHIBIT -'s 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S M PROPOSED JET SKI TREASURE CANAL FLOATING DOCK city.of virginia beach N m.b.48 p.15 1 10.9' 113' PROPOSED PROPOSED 119'VINYL BULKHEAD BOAT LIFT ,..„„1g'•-i 1 10 20 PROPOSED 12'x12'BOAT LIFT WITH(2)10'RETURN WALLS 15'. . - . W , b 107.9'OF VINYL BULKHEAD AND 7' ► 32.8' >'_ Nii :r.:_....,--:,...,... ;OFARETURNWALLTENCROACH u! - -_ - ;. I.: ISTING .. Nat: �------�:1-9' -_'! 1.1'TD I KhleAD ``i"`� s16-. . � g 071`1''� pRoLINE 2.0'FROM 1. ' 77°12'20. 07.7 a PROPERTY LINE TO _ 57.49' N START OF . BULKHEAD 5'MA)(5EAWARD N ENCROACHMEucH 107 9' PROPOSED FoRauEAD 6'x 66' j I WHARF Preben V.&Stephanie g.Raaschou GPIN:2409-09-3515 inst#20200420000342230 John E.Kubichan and Terry R. m.b,48 p.15 lot 243 Kubichan Trustees of the kubichan living trust kt in GPIN:2409-09-5563 N u 4............ inst#2018110800 00920050 i_C.0 Sunny J.&Danielle Caraco o m.b.48 p.15 lot 241 N. GPIN:2409-09-4534 = crd inst#20181005000825970 w PROPOSED MAXIMUM ENCROACHMENT m.b.48 p.15 lot 242 0 PROPOSED BULKHEAD= 12.2'x114.9' - PROPOSED WHARF= 12.2' z PROPOSED BOAT LIFT= 26.9' PROPOSED BOAT LIFT= 22.7' CONCRETE PROPOSED JET SKI FLOATING DOCK = 26.9' DRIVE • I I R= 670.62' L= I30.00' Chord= N 84°O9'16"W 129.98' -- -- Delta= I I°07'22. SPINDRIFT ROAD 0 - 40 80 �`--'/330'TO LEEWARD 50'RIGHT OF WAY SHORE DRIVE (REF:MB 48 F 1 5) SCALE:1"=40' EXHIBIT 'A' - ENCROACHMENT REQUEST FORA PROPOSED PROPOSED VINYL BULKHEAD, PROPOSED IMPROVEMENTS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK AND A PROPOSED TIMBER WHARF $pjci WATERFRONT CONSULTING, INC. FOR:SUNNY J.&DANIELLE CARACO 2313 SPINDRIFT ROAD, LOT 242, SECTION 2 BAY ISLAND z589QLlAUTY COURT VA 23454 M.B.48,PG. 15 - PHONE:(757)425-8244,MOBILE:(757)619-7302 DATE 1/10/2021 PAGE 2 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC. l©-. 2022 WATERFRONT CONSULTING,INC ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 AKRON,OH 44333 0 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this Ilk' day of 1� , 203 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SUNNY J. CARACO and DANIELLE CARACO, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "242" and as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2313 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 119' vinyl bulkhead with two (2) 10' return walls, 6' x 66' wharf, 15' x 15' boat lift, 12' x 12' boat lift (with a maximum encroachment distance of 26.9'), and a 10' x 14' jet ski floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-09-4534 (2313 SPINDRIFT ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR A PROPOSED VINYL BULKHEAD, PROPOSED BOATLIFTS, PROPOSED JET SKI FLOATING DOCK AND A PROPOSED TIMBER WHARF FOR: SUNNY J. & DANIELLE CARACO 2313 SPINDRIFT ROAD, LOT 242, SECTION 2, BAY ISLAND M.B. 48, PG. 15," Scale: 1" = 40', dated January 10, 2021, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment.. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, SUNNY J. CARACO and DANIELLE CARACO, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized- Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 SUNNY J. RACO Cwo DANIELLE CARACO STATE OF Orrg fa CITY/COUNTY OF r to-wit: The foregoing instrument was acknowledged before me this 4'11day of , 20/h by Sunny J. Caraco and Danielle Car co. (SEAL) ublic Notary Registration Number: 1g(pCi- STEPHEN WAITER GREEN Notary Public My Commission Expires: I/�j t t Z4'l Commonwealth of Virginia tr Registration No. 7869733 My Commission Expires Jan 31,2024 • APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SU IENCY AND FORM 4,441 PUBLIC WORKS EAL ESTATE ■ r"", "ARR' ER SENIOR CITY ATTORNEY 7 r CARACO ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S Ni 1 DOSING BULrf1EP, 3 " firM TREASURE CANAL city of virginia beach N m.b.48 p.15 EXISTING PWC FLOAT (TO BE REMOVED) EXISTING EXISTING BOATLIFT BOATLIFT (TO BE REMOVED) O(15TING Wt1ARF EXISTING WHARF LCPO EXISTI (TO BE REMOVED) _15GL)' ;� BULKti AD _ 5 137"W N 770)2-2p„W 67 34 57.43' I I 1 I Preben v.&Stephanie g.Raaschou GPIN:2409-09-3515 inst#20200420000342230 John E.Kubichan and Terry R. m.b.48 p.15 lot 243 Kubichan Trustees of the kubichan X iffill I living trust - c' in GPIN:2409-09-5563 N o inst#20181108000920050 P� Sunny j.&Danielle Caraco ifi m.b.48 p.15 lot 241 Ni GPIN:2409-09-4534 L inst#20181005000825970 - �c P..T H 0" m.b.48 p.15 lot 242 — o 0 i Z (' SEAN E. GREEN a coNCRETE I DRIVE Lic. No. 0402064005 I I _ G'-F 6/25/23 ,G R= 630.00' _ SSiON�11. E Chord = N 84°09'1 G"W 1 29.98' ' _ _Delta = 1 1°07'22" _ SPINDRIFT ROAD 0 40 80 830' TO LEEWARD 50'RIGHT OF WAY 61111.1= SNORE DRIVE (REF: MB 4(5 P 1 5) SCALE: 1" =40' EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A EXISTING PROPOSED VINYL BULKHEAD, PROPOSED CONDITIONS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK AND A PROPOSED TIMBER WHARF WATERFRONT 7T1 FOR: SUNNY J. & DANIELLE CARACO �_ CONSULTING, INC. 2589 QUALITY COURT,SUITE 323 2313 SPINDRIFT ROAD, LOT 242, SECTION 2, BAY ISLAND VIRGINIA BEACH,VA 23454 M.B. 48, PG. 15 PHONE:(757)425-8244,MOBILE:(757)619-7302 DATE 1/10/2021 PAGE 1 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC. L©2022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 AKRON,OH 44333 f CARACO ENCROACHMENT EXHIBIT 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S N. I 3 -III-_PA PROPOSED JET SKI 11 TREASURE CANAL FLOATING DOCK city of virginia beach N m.b.48 p.15 110.9' PROPOSED 11.7' PROPOSED 119'VINYL BULKHEAD BOAT LIFT 19'.-I 10' 20' 4 WITH(2) 10'RETURN WALLS 15' F ,• i in)) PROPOSED 12'x12'BOAT LIFT 107.9'OF VINYL BULKHEAD AND 7' . 32.8' F, IN, N 1 II� N ! 9' o OF A RETURN WALL TO ENCROACH u: m m ,_ L-_�___--� ,1 , EXISTING _ �� 119 1 1.1 TO , BULKHEAD Its 1` V3r W PROPERTY 2.0'FROM '1•• • N 77.12,20,, 5�7 74' LINE PROPERTY LINE TO 57,49' N START OF N BULKHEAD 5'MAX SEAWARD - ENCROACHMENT PROPOSED I FOR BULKHEAD 107.9' 6'x 66' I I Preben v.&Stephanie g.Raaschou WHARF GPIN:2409-09-3515 inst#20200420000342230 John E.Kubichan and Terry R. PIm.b.48 p.15 lot 243 Kubichan Trustees of the kubichanX 1 3 living trust - m GPIN:2409-09-5563 N . I — 0 inst#20181108000920050 NI3 Sunny j.&Danielle Caraco 7 D c m.b.48 p.15 lot 241 �I GPIN:2409-09-4534 N — inst#20181005000825970 w PROPOSED MAXIMUM ENCROACHMENT m.b.48 p.15 lot 242 — o PROPOSED BULKHEAD= 12.2'x110.9' ) o ,YE p,L T N of. L / PROPOSED WHARF= 12.2' O PROPOSED BOAT LIFT= 26.9' 4-4- PROPOSED BOAT LIFT= 22.7' CONCRETE , o PROPOSED JET SKI FLOATING DOCK = 26.9' I DRIVE ' U SEAN E. GREEN a Lic. No. 0402064005 A - (--- R= 670.62' 2 .- L = 130.00' ",es 6/25/23 \ Chord = N 84°09'16"W 129.98' sS/ONAI ECG ---- — — Delta = 1 1°07'22" . SPINDRIFT ROAD 0 40 80 — 830' TO LEEWARD 50' RIGHT OF WAY =IMMI NI SHORE DRIVE (REF: M5 48 F I 5) SCALE:1"=40' EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED PROPOSED VINYL BULKHEAD, PROPOSED IMPROVEMENTS BOATLIFTS, PROPOSED JET SKI FLOATING DOCK 0,110C11 AND A PROPOSED TIMBER WHARF WATERFRONT CONSULTING, INC. FOR: SUNNY J. & DANIELLE CARACO - __ 2589 QUALITY COURT,SUITE 323 2313 SPINDRIFT ROAD, LOT 242, SECTION 2, BAY ISLAND VIRGINIA BEACH,VA 23454 M.B.48, PG. 15 PHONE:(757)425-8244,MOBILE:(757)619-7302 DATE 1/ 10/2021 PAGE 2 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC. ©2022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015 ` AKRON,OH 44333 of ,. _ .. . . , zwipmy i - . N . . '• 41,,„„ . - , . - . 0 g'•• - k 4" ' 1,, . ,„, , Ai; • t r _,i, W —, 0" E r:,,,',••i4.111.- _44 .. •. 400 alft. - ' wir •' 1- _ ---7 __,e—— _--i-4,.....—_, _ - . v , —. • . 00.1.11.11111r °Min. '; .„ ....# --- -4,4%"'""%•..„,... ' it -lb'''.411"7411i ' • _ ,., , ' • ' I* I •• ""......,.....,„. 411° "'"'-^ •' A ''.. -14;14 • 1,1 ' .: kr. f. -.1, ... I-,•••• ly , 1 ,.. -,1 t- ',„.• il, , . - . .. ., 44`:4 E- , _ , #4, t. i _...,c111.1 ., 4- - •, , , t tie :71 \ .2 , # , 154SPINDRIi•Trair,tz-: -ri., . , ,4 . - .' " .).• ...!!.. 14154 1.4 % , .4" • ' 1 11,4P,36141611ilt r ' imeathek-%, ,,- ' ' s mu .. ,. . ') , .. 4., .. ' 2 • ,,: r • A 1 ii 1... Wye *. 1 P4 ..' i . 1 . I kilt . ' t It' , ...,; .--- "41. ,Z"4'' • ."••00' -: ' •----„, 4 , ti...../ . )- ,Atr- i IL" . ,.•. t t i *0 ne,. . * i i 41) ' xis 4 rir 1.___/: .. ''''' r. .. 4 • --1 .'s 2..--Tg -ak.5. .- 4. .' IF`•..*,, , if' -.to." .1'1 4q.1! ..- - ' 4 '' • i ..-' P r 1 . .1 ' - • t ."Z, '; . ... . . - . ' _ 4 S7''' //jawr...............................vk O._.. .,, ,'3'.'f ',:i ' • ,, r ' ,., ' ' '41.14t., _. f..., • ..... I • ' ' i1/4 :, 4 o's'"Alkt LOCATION MAP '.'t ..0, 4. ' •'.. ' ' • • ' ir ti: ',.. ji . .. t'w "" '` - * • ENCROACHMENT REQUEST ., . ft44,. - 414, ,-, •k - , FOR SUNNY J. CARACO & 0 ,I,IL_ '016, • ,.. " . - , '.i, T • .... . . ,tris.. ' -. 4:1 ' DANIELLE CARACO Legend 41, - - . db. - 2313 SPINDRIFT ROAD . . City Property '' ..ec GPIN 2409-09-4534 1 . 4' ,t.i 2409-09-4534 111iii .0..,- ' •., ....,- I Feet ',-----'-, r',0911110.01/44,- c ASO 7 0 50 100 200 Prepared by P.VVIEno/Eno Support Services Bureau 12/5/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\2409-09-4534 \� �� - N SHORE DR / W -.O_ E S �y J SITE 1P Roy , �, ------------ SPINDRIFT_RD—---- L- a LOCATION MAP ENCROACHMENT REQUEST ,—_,...„ FOR SUNNY J. CARACO & DANIELLE CARACO Legend 2313 SPINDRIFT ROAD City Property !` LJ`i GPIN 2409-09-4534 Feet _d 2409-09-4534 ( / 0 50 100 200 Prepared by P.W./End./End.Support Services Bureau 12/5/2022 ` X:ICADD\Projects\ARC Files\AGENDA MAPS12409-09-4534 Caraco Picture Exhibit ,+� t x .:.-,.� ^ r r 11 4006 c brit s+_ .,„, a y4 _ E ‘ i �" � ''�,•`• M fly d � '.'i' .. to , r F -PT. , r . . H+ 1 i ;NI ii a `\w``: fi . e • :1 '....'".y ':‘ 1P. �• fgyp � . SIrier. L.. "— 1) !.€ z. View looking East showing similar encroachments. Applicants' property to the bottom right. Illat r- w tf 4 • F 10124 .. 00,.1,..,1 ..,,,ro,...,. ., . lft, y . ,...4rItes �z._ t I ift .J Ipt _.,__. __ , ....__ ,a�� ,� i •Piro: -: , - View looking West showing similar encroachments. Applicants' property to the bottom left. Disclosure Statement U3 City of Virginia Meech 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 Sunny Caraco t n\l✓11e Cara co Does the applicant have a representative? ■ Yes 0 No • If yes,list the name of the representative. Waterfront Consulting Inc. 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 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. Wage Disclosure Statement 1/13 City of Virginia Beads 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 an financing in connection with the subject of the application or any business operating or to be operated on the property? tlitf Yes -U-No- • If yes,identify th financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes • No • If yes,identify the purchaser and purchaser's service providers. 2IPage L.. Disclosure StatementAB rev of Vorynos Bach whil i...._.........._...._.__ aiimilltr. ' . ,. .•.. 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?I.Yes 0 No • If yes,identify the construction contractor Flint Marine Construction, Inc 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the engineer/surveyor/agent. Waterfront Consulting, Inc. & Stone Green Consulting, LLC. 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 U No • If yes,identify the name of the attorney or firm providing legal services. Applicant SiRnature 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 ny public body or committee in connection with this applicatio I Obeli& K «vv.c: /2,/,76)-- Applicant Signature l/ -- a \\6ke.— Cc ( ' 1_ \Y arckao Print ame and Title _\-I. •DA.) 1 0/11Z-5 Date Is the applicant also the owner of the subject property? I Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date Signature Print Name -- 31 , u� 11i. , 4: - ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Lake Joyce and the 20' strip of City property around Lake Joyce, located adjacent to 2264 Greenwell Road MEETING DATE: July 18, 2023 • Background: James T. Hartz and Mary M. Hartz (the "Hartzes") desire to maintain existing concrete and riprap, and to construct and maintain a proposed ramp, open sided boat lift, and two piers (collectively, the "Temporary Encroachments") into a portion of the City-owned property known as Lake Joyce (GPIN: 1570-80-2438) and the 20' strip of City property around Lake Joyce, located adjacent to their property at 2264 Greenwell Road (GPIN: 1479-68-5551 ). • Considerations: City staff reviewed the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Lake Joyce, which is where the Hartzes have requested to encroach. • Public Information: Public notice will be handled through the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate "ki-t City Manager: J 'y1‘ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 20' STRIP OF CITY 8 PROPERTY AROUND LAKE JOYCE, 9 LOCATED ADJACENT TO 2264 10 GREENWELL ROAD 11 12 WHEREAS, James T. Hartz and Mary M. Hartz, (the "Hartzes") desire to 13 maintain 246 sq. ft. of existing concrete and 119 sq. ft. of riprap and to construct and 14 maintain a 10' x 10' ramp, 12.5' x 12.5' open sided boat lift, 13' x 16' pier with electric and 15 water supply lines, and 24' x 5' pier within the City-owned property known as Lake Joyce 16 (GPIN: 1570-80-2438)and the 20' strip of City property around Lake Joyce(collectively,the 17 "Temporary Encroachments"), located adjacent to their property at 2264 Greenwell Road 18 (GPIN: 1479-68-5551); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Hartzes, their heirs,assigns 29 and successors in title are authorized to construct and maintain the Temporary 30 Encroachments within the City's property as shown on the map entitled: "EXHIBIT 'A' — 31 ENCROACHMENT REQUEST FOR (2) PROP. PIERS, PROP. RAMP, PROP. OPEN 32 SIDED, BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE FOR: JAMES T. & MARY M. 33 HARTZ 2264 GREENWELL ROAD PARCEL H, BAYSIDE, M.B. 34, PG. 52," Scale: 1" = 34 40', dated March 9, 2022, and prepared by Stone Green Consulting, LLC, a copy of which 35 is attached hereto as Exhibit A and on file in the Department of Public Works and to which 36 reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 39 expressly subject to those terms, conditions and criteria contained in the agreement 40 between the City of Virginia Beach and the Hartzes(the"Agreement"), an unexecuted copy 41 of which has been presented to the Council in its agenda, and will be recorded among the 42 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and i 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Hartzes and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 52 , 2023. CA15808 R-1 Prepared: 6/22/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF CIENCY AND FORM: --e4, PUBLIC WOR , REAL ESTATE A . RMEYER SENIOR CITY ATTORNEY 2 HARTZ ENCROACHMENT EXHIBIT N NOW OR FORMERLY NOW OR FORMERLY 'L CITY OF VIRGINIA BEACH JAMES T.&MARY M. HARTZ LAKE JOYCE 100x130 FT 2 GPIN: 15708024380000 , MAX 48.3' GPIN: 14796865930000 -...aik4i D.B. 1018,PG. 154 RIP - INST:20070314000348870 _ A c,> M.B.34, PG.52 liN .02 PROPOSED RAMP k 41.6' PF F to: S 09°16'00" E 132.46' M.B. 34 PG. 52 0 �'� V el 4-4 PROPOSED ELECTRICAL ci' ISM 65.3 00 PROPOSED I�.-: 1, &WATER TRENCH ` o OPEN SIDED ' • • • • . t 12.51x12.5' ,IIo • rigaBOAT LIFT �� o �.. 246 SF OF • o ;.z. _ EX.CONCRETE • tD T i`> Q. •0' — ` \\\�� PROPOSED t '�� \�\\\V` • �=�i``•� 24 � Z PIERSbob. f`fl''`.� i ��;, `: ups, 53 illowil TREE 1, 4; 2 STY. FRAME co 0 m Z PROTECTION S a, 4 •5 71 z cn 0 r- o #2264 a) a'!+_ 8 • '0._ 'to �^ v AoQoO S LAKE JOYCE N � -oIPh: e o \ç4I P EX. PIER OF I c o p BLUMLING EX. 119 SF i� 0 OF RIPRAP cr'- NOW OR FORMERLY 'OF HARTZ JAMES T.&MARY M.HARTZ 20'STRIP(M.B.34,PG.52, 2264 GREENWELL ROAD / GPIN:14796855510000 oLn M.B.216,PG. 15,D.B.1018, INST:200401200009603 b PG.154 PF M.B.34,PG.52 0 NOW OR;FORMERLY w p,L T H of. WILLIAM L.&LESLEY A. BLUMLING o a `jam 2268 GREENWELL ROAD GPIN: 14796845070000 4 v^i y D.B.3400, PG.229 boo v� M.B.216,PG. 15 z '` AN E. GREEN1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TIT E REPORT. LIC. No. 0402 64005 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQU ONLY. ,lik: „ I . •ck- 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MON ENTS COMBINED WITH THE i� COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND I OES NOT CONSTITUTE A BOUN ARY S • 5-3-23*�, SURVEY. TONAL E. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRI IONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PF pF N 09°16'00" W 1 0 00' , 1029.1'TO N 80°44'00" E SHORE DRIVE 5.03' REENWELL ROAD 50'RIGHT-OF-WAY (M.B. 34 P. 52) EXHIBIT A - ENCROACHMENT REQUEST FOR 0 40 80 (2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, lodiluilielliiimmumml BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE SCALE:1"=40' FOR:JAMES T.&MARY M. HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34, PG.52 STONE GREEN CONSULTING, LLC MARCH 9,2022 PAGE 1 OF 2 4014 MEDINA ROAD#1015,AKRON,OH 44333 CI2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 . , HARTZ ENCROACHMENT EXHIBIT 1 TREE PROTECTION FENCING AND ARMORING 1 1 ir/ ,'�ill-11"tV.,y .� tik g D R I P LI N E N < I✓ ` I wie jr ..‹.., , SNOW FENCE `� ` \V III 1 I� ;j�l�ilih:i dl :,��.� ir‘ ��IGlj�i�il I 1IIIIl1II I. 1 ., .......„ -4,I,..,, ,.....:„.:::::, BOARD FENCE NO ''+ CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING 1\-NIVIA. ,,+, 11y(!I i fjI FA —I < ( . rom 1 JO [. / p d /I r.....,/:� \r-� r,r„ p,L T H 0 �. I i fit, F rr+� Co CORRECT TRUNK ARMORING , "1-' tba61 TRIANGULAR BOARD FENCE o ? SEAN E. GREEN Source: Va. DSCW Plate `'38r,C. No. 0402064005 EXHIBIT 'A' ENCROACHMENT REQUEST FOR 40 "6*'-- -(2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, 3-23 \'`� BOAT LIFT, EX, RIPRAP, AND EX. CONCRETE S 5S/ONAt ECG FOR:JAMES T. & MARY M. HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34, PG.52 STONE GREEN CONSULTING, LLC MARCH 9, 2022 PAGE 2 OF 2 4014 MEDINA ROAD#1015,AKRON, OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 ` J PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 13-ra day of JUAJL:---• , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES T. HARTZ and MARY M. HARTZ, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Parcel "H" as shown on that certain plat entitled: "PROPERTY OF EVA E. GREENWELL LOCATED NEAR LAKE JOYCE - PRINCESS ANNE CO., VA.," Scale: 1" = 100', dated March 15, 1953, prepared by W. B. Gallup — County Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 52 and being further designated, known, and described as 2264 Greenwell Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain 246 sq. ft. of existing concrete and 119 sq. ft. of riprap, and to construct and maintain a 10' x 10' ramp, 12.5' x 12.5' open sided boat lift, 13' x 16' pier with electric and water supply lines, and a 24' x 5'pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 1570-80-2438 (City Property known as Lake Joyce) 1479-68-5551 (2264 Greenwell Road) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Lake Joyce and a 20' strip of City-owned property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR (2) PROP. PIERS, PROP. RAMP, •PROP. OPEN SIDED, BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE FOR: JAMES T. & MARY M. HARTZ 2264 GREENWELL ROAD PARCEL H, BAYSIDE, M.B. 34, PG. 52," Scale: 1" = 40', dated: March.9, 2022, and prepared by Stone Green Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to. Lake Joyce, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 2264 Greenwell Road. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs andexpenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the 3 maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JAMES T. HARTZ and MARY M. HARTZ, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 0_344 JA 40T. HARTZ MARY M I1-IARTZ STATE OF 1/1 RGI NIA CITY/COUNTY OF a ��?�o-wit: The foregoing instrument was acknowledged before me this l day of , 2023, by JAMES T. HARTZ and MARY M. HARTZ. AL) ary Public A• Cfi kv Notary Registration Number: ��C �'�� TpR '�w c� .� pt}BLiC My Commission Expires: ��- ` o2C � irrrir 0 0 70 RtG#35b69 4WFALVA O APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -,4"4 SIGNATURE R. ARMEYER SENIOR CITY ATTORNEY PUBLIC WORKS/REAL ESTATE 7 HARTZ ENCROACHMENT EXHIBIT N NOW OR FORMERLY \ NOW OR FORMERLY W CITY OF VIRGINIA BEACH 1 JAMES T.&MARY M. HARTZ ` LAKE JOYCE 100x130 FT c--..4040ii GPIN:15708024380000 \ p,X 48.3' GPIN: 147968 5930000 D.B. 1018, PG. 1.54 RIP �, M INST.2007031 000 348870 I v> M.B.34,PG.52 al PF PF 3 PROPOSED RAMP • 41:6 S 09°16'00" E 132.46' M.B. 34 PG. 52 -.) ri WI AA V V: PROPOSED ELECTRICAL v' �y� 65.3 � PROPOSED /.ram: 1, &WATER TRENCH o OPEN SIDED - , •Iiiiii - • • . . . . . . 12.5'x12.5' ``I ' . • N rifaxik 246 SF OF o BOAT LIFT ll, r,o EX.CONCRETE \ • . PROPOSED i4:0 24 I 2 \\- , \\\._ • ( PIERSbob.. � 4% Q,tO - m TREE Lo 2 STY. FRAME cn 0 m z PROTECTION �` '`•` 4.:5 a+ 7113 O w � � .:.�, o #2264 c °'e. 3 .8 o3p-•5,�0 0 '0_ A m v'p p LAKE JOYCE 1—_—H -04F8 (3 �wi. p EX. PIER OF cc oc m� BLUMLING EX.119 SF i� R • OF RIPRAP al NOW OR FORMERLY 'OF HARTZ JAMES T.&MARY M.HARTZ 20'STRIP{M.B.34,PG.52, 2264 GREENWELL ROAD "'N GPIN: 14796855510000 M.B.216,PG. 15,D.B.1018, INST:200401200009603 0 PG. 154 PF M.B.34,PG.52 0 NOW OR FORMERLY w 0.,L T H of. WILLIAM L.&LESLEY A.BLUMLING _o %* I' 2268 GREENWELL ROAD /"P'c GPIN: 14796845070000 4-o^i y D.B.3400,PG.229 ^ S AN E. GREEN M.B.216,PG. 15 Z 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TIT E REPORT. LIC. No. 0402 64005 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQU=•T ONLY. , 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONU ENTS COMBINED WITH THE .�• 5�3-Z3 COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND I OES NOT CONSTITUTE A BOUN'ARY S� �*� SURVEY. ONAL 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRI IONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PF PF N 09°16'00" W 1 0.00' 1029.1'TO N 80°44'00" E SHORE DRIVE 5.03' REENWELL ROAD 50'RIGHT-OF-WAY (M.B. 34 P. 52) EXHIBIT'A'-ENCROACHMENT REQUEST FOR 0 40 80 (2) PROP. PIERS, PROP. RAMP, PROP. OPEN SIDED, 6"mdmimmilmommil BOAT LIFT, EX. RIPRAP, AND EX. CONCRETE SCALE: 1"=40' FOR:JAMES T. & MARY M.HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34, PG. 52 STONE GREEN CONSULTING, LLC MARCH 9, 2022 PAGE 1 OF 2 4014 MEDINA ROAD#1015,AKRON, OH 44333 Q 2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 J HARTZ ENCROACHMENT EXHIBIT 1 TREE PROTECTION FENCING AND ARMORING /Nry \-*,...q, 1 -II. j � it DRIP LINEN tratir �'�r ` I u Pr �' 111 SNOW FENCE kliotffllh 1 /11I1M1117111W3 01 ,IIIA I .1 I . - soI . .4 .+N 16.1kil 1 i IMO I.r: 011i BOARD FENCE ::•:: ail :; :; 0011P'... CORD FENCE .•.... .:.:: PLASTIC FENCE CORRECT METHODS OF TREE FENCING 1\-`41A, II I,,y i i - '� - % FA % i Pl°101F1 0101111 'K . vP �I� `T Po ,�F,p L T H...._ Pi -.al allii 010P. IVO' OF 01111 CORRECT TRUNK ARMORING ' / , 4) - ism o TRIANGULAR BOARD FENCE y SEAN E. GREEN 3" Source: VG: DSCW Plate 4 3aLit. No. 0402064005 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR ,°� if:z...if (2) PROP. PIERS, PROP. RAMP,PROP. OPEN SIDED, '`FS 5-3-23G ' BOAT LIFT, EX RIPRAP, AND EX CONCRETE S/ONAL�-� FOR:JAMES T. & MARY M. HARTZ 2264 GREENWELL ROAD ENGINEERING SERVICES PROVIDED BY: PARCEL H, BAYSIDE, M.B. 34,PG.52 STONE GREEN CONSULTING, LLC MARCH 9,2022 PAGE 2 OF 2 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. 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' '' .;;$ .,� - a. - "",�' �I , Its TZ3 y�rtit i49 { • 4. \ ,,, _ , �� z, It‘..'„:*:'"lIlr3 , �� W • B CN NDG y \ 4 . .;17- . . ' Y 1 }+F y, C' 4 ty, . iot '$. Y�. Sa j F, j „ice' `a ` s •+y+' fi` _ 731* .' '' \ ,01. � �" pp,RA LOCATION MAP - `` `4 ENCROACHMENT REQUEST Z "a ' - fl';r FOR JAMES T. HARTZ , AND MARY M. HARTZ Legend r .;i�s' -4 ;y1; \ 2264 GREENWELL ROAD 1479-68-5551 411116`: GPIN 1479-68-5551 � A, .a _ Feet City Property z: ' y41,. ��. ` yl s' ! oi i e, 1 a ` 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 05/11/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS11479-68-5551\1479-68-5551 Aerial.mxc N �Gp\IER° W _ 1 - E _ _ g S 8►oREDR i 'C-:-: c::-: IT o = - oN• • 1 �, �*- --u_r--1 Lii_ "Po CO BEACH �NDG 0 0 ° ViliwoOD GONC� \ /1 FI sl. 1001 , 1 C3C3 CD PP 1 \_ RP LOCATION MAP �� ENCROACHMENT REQUEST Z ._, ' ;3 ° ' FOR JAMES T. HARTZ Legend Ale AND MARY M. HARTZ • 2264 GREENWELL ROAD 1479-68-5551 Q GPIN 1479-68-5551 Feet City Property 0 ` 0 50 100 200 Prepared by P.W./Eno./Eno.Support Services Bureau 05/11/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\1479-68-555111479-68-5551.mxc .VBDisclosure Statement Clt &wit 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 James T.Hartz and Mary M. Hartz Does the applicant have a representative? El Yes ❑ No • If yes,list the name of the representative. Waterfront Consulting,Inc.-Robert E.Simon,V.P. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure StatementNiTB City ofFI - Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes N 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?0 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 N No • If yes,identify the firm and individual providing the service, 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement Cuy of ti�inwr Beudl 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?IN Yes 0 No • If yes,identify the firm and individual providing the service. Waterfront Consulting,Inc.and Stone Greene Consulting,LLC 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I No • If yes,identify the 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. Yr }11..1)6 n -fr Aliplitant Signature 1 e., JamesT.Hartz and Mary M.Hartz Print Name and Title Date City of Virginia Is the applicant also the owner of the subject property? ❑Yes No Beach (Owner) • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USC 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 Wage L. PLANNING 1. PORPOISE, LLC for a Conditional Use Permit re short term rental at 604 20th Street DISTRICT 6 RECOMMENDATION: APPROVAL 2. PORPOISE, LLC for a Conditional Use Permit re short term rental at 606 20th Street, Unit A DISTRICT 6 RECOMMENDATION: APPROVAL 3. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th IA Street DISTRICT 6 (Deferred from June 20, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO AUGUST 15, 2023 4. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th % Street DISTRICT 6 (Deferred from June 20, 2023) RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO AUGUST 15, 2023 u- �'a c �k $Z ' wJ NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 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 livestreaming on www.vbgov.com,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: hitns://vbsoy,webex com/weblink/register/rff1dc73deb tow e431 7a76e1144f090f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 18,2023. The following requests are scheduled to be heard: Porpoise,LLC(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address: 604 20th Street GPIN(s):2417974595 City Council:District 6 Porpoise,LLC(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address: 606 20th Street,Unit A GPIN(s):2417974544 City Council:District 6 Nicholas luliano (Applicant& Property Owner)Conditional Use Permit(Short Term Rental) 0/122 Address:505 20th%Street GPIN(s):24270709520002 City Council:District 6 Jamie George(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address: 507 20th%Street GPIN(s):242707091300002 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 TOD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-JULY 4,2023&JULY 11,2023-1 TIME EACH �r \\ \\„.1.) ki r- __f-- \ \ \ fr \bR s \ \C::\ ——�_ \ \ st 1 �t �tti __________ t t f �' it ' - --- ,1Q, c ____________ ________ ________-- \ 1 „ \ \ `' ` _-ter ee__- _ s 7 , ti ___,0________..---- , , , .,„ 1 -~ IV4f/4 �, �� ty t \ \ t \ 0\,, /, 00 '-'I __---F-5'-----i-1---: \ \\ 0 p, - ; 0 ti t� GI1 a--- ( s4.1 \,„ \ -ii \ . _____L_____----- \ --bp, tls \ s \---3 e \ -Q l t t ti CD \ \ \ tI) t \ \ \ ,,, OR ) \ % -0 � ram__ street ,-, \ \ \ \ ,----- \ c---" 1,----• '' ' v A Site a . 1A i Property Polygons Porpoise, L LC ' Zoning 604 20th Street Building Feet 0 1530 60 90 120 150 180 [ .__. ' .r- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PORPOISE, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 604 20th Street (GPIN 24179745950000). COUNCIL DISTRICT 6 MEETING DATE: July 18, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a single-family dwelling. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 604 20th Street. The site was constructed in 1949. The surrounding area is a mixture of multi-family dwellings, single-family dwellings, commercial retail, and other resort-oriented uses. The unit in question has previously been advertised and utilized as a Short Term Rental according to City records and Host Compliance. The applicant has stated that they do not intend to use this unit for Short Term Rentals prior to the approval of this application. Based on the information provided by the applicant, the unit appears to comply with the STR regulations found in the Zoning Ordinance. The parking plan submitted with this application provides the required three spaces onsite, utilizing the existing driveway. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. There is no known opposition to this request. • Recommendation: On July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 604 20th Street and the Short Term Rental use shall only occur in the principal structure. Porpoise, LLC Page 2 of 4 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. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. 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. 6. 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. 7. 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 physically present at the Short Term Rental within one (1) hour. 8. 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 the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. Porpoise, LLC Page 3 of 4 10.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. 11.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. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.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. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.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. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.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). 18.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 effect 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 Porpoise, LLC Page 4 of 4 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. 19.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 Recommended Action: Staff recommends Approval. Planning commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: Porpoise, LLC Agenda Item "NB Planning Commission Public Hearing:July 12, 2023 City Council District 6 i 1 Virginia Beach Request Conditional Use Permit (Short Term Rental) i Staff Recommendation 2fi1HS1�,1N,{,1FS1 III \ Approval �: nTHs' 1 �, 24"HpIiS 2•1 HS Staff Planner -- ,ao a�KSI 2'"0'= Pamela Witham T /I� ��NONA`Fs1- 01� 1 3 2,51 HA��St-f 0 Location 2t51 st 0�,_ 1 0 604 20th Street �`,..--�q 2p1" . GPIN el ,91HS1 0 .. 24179745950000 �0 Site Size 6,871 square feet 4 'g ; ,S le + Existing Land Use and Zoning District r¢N Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 20 Streetllwir 1 20th �. h Single-family and multi-family dwellings/ OR .{. _ v 7 ,�i,.2°�N ''G, ^ r Oceanfront Resort r , ..�t_� �'' ''' South • �• . , r1,, , Business and commercial use/OR Oceanfront ; �,♦ "-".'s� r �t ` -' ; l ' Resort �, ,. .r j ,.4,. ' L -W East i1' ,;' �iq ','A Commercial use, single-family and multi-family ► . �: 4 .i - s*' -, .)y✓ dwellings/OR Oceanfront Resort "z ' `�_' ``` ' • West , > '� 714 .> Business and commercial use, hotel use/OR i;"' ,-. 0 • r , Oceanfront Resort Fps. /9 .. ,tea` . . i Porpoise, LLC Agenda Item 11 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,871 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this dwelling contains 3-bedrooms and was constructed in 1949. • Staff inspected the site on May 24, 2023 to observe site conditions and obtained photographs for this report. • On-street parking is not permitted on this portion of 20th Street. • One citation for operating a Short Term Rental without a permit was issued on April 4, 2023. • 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 June 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No April 23, 2023 Yes Short Term Rentals in the Vicinity iV";1 VOurist lioso 11011" -- 11� Ate" AS 14- 18 ST Wow -$1-V0 1 ]0i6( ,Short Term Rentals O STR Pr,o, Porpoise, LLC Agenda Item 11 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 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): 3 total • Number of off-street parking spaces provided: 3 20"s' Zoning History # Request ALT Approved 01/05/2016 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—StreetClosure 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 on this parcel. The site was constructed in 1949 and is located along 20th Street. Since the site is in the Oceanfront Resort (OR) Short Term Rental Overlay District, a Short Term Rental use is expected. The parcel of the surrounding area is a mixture of multi-family dwellings, single- family dwellings,commercial retail, other resort-oriented uses. The unit in question has previously been advertised and utilized as a Short Term Rental, according to City records and Host Compliance.The applicant has stated that they do not intend to continue using this unit for Short Term Rentals prior to approval of this application. Based on the information provided by the applicant,the unit appears to comply with the STR regulations found in the Zoning Ordinance. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Porpoise, LLC Agenda Item 11 Page 3 • Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 604 20th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)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)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one(1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2(fireworks),and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. Porpoise, LLC Agenda Item 11 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 City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. 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. Porpoise, LLC Agenda Item 11 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 12,2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023,and July 5, 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 June 26,2023. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/planning on July 6, 2023. Porpoise, LLC Agenda Item 11 Page 6 VI rD r Cu 0 C d .g ri d ' RO 11 5 0715.00. E ) � ween a_ -.4: 27.0' 0 S o$ tor 0q ,.t -.. l': ii "D es 9.2' .. : - ref r, er t h 3 7 -- '' 'r'1.2 0_9••. 30.0' eft,2' 17.8'-- 7$ , n ;e'f' • N aoac IS °' 37.i' 0 CAR PORT q . ...... .. 30.0' ...1...x.___IH - - 1 • I - 1 t - r V rre i omit NAY = qr. i i rEACC 0 a ,•••.; '31.1' h ELK & FR. Q APART)rrkT n 8 • to w 1.4' U" ^OM Twits i N 0715'00" W 140.00' ao m v = 0 Q -, °' O cu m all 2 r '- H+ r Site Photo F ""r i L ' { A.... t' r i K ., •J. r : . - 1",!::::. ;,:., ~. ..> - r['c "� 4• ‘r*‘.. ' .• 1 [...4._ , ... ,..... . .. _ _. . .. ::$.....:... __.z. . . . 411114141-0-141. Porpoise, LLC Agenda Item 11 Page 8 Disclosure Statement Disclosure Statement V13 rM)if t'bpt,r Rind Planning&Community Development The disclosures Tanta red in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name t / Does the applicant have a representative? Q Yes ❑No • if yes.Est t name of the representative VtlAVISf kIL Led Is the applicant a corporation,partnership,fi•m,business,trust or an unincorporated business?E Yes 0 No • If yes,.rst the na•-'es of all officers,directors,members,trustees,etc.below. (A tack a list i necessary) I It-,1f� C, / t�- - 3r- c4 •mac, • ►f yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach e list if necessary) \:Thc,It/Lckw 4e,". 11/. _ _ "ParenhSubsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation` See State and Local Government Conflict of Interests Act,VA.Code 4 2.7.3101 "Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownersh p,nteresl in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner In the other entity,or(ii')there is shared management or control between me 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 comminged funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act,Va. Code$2.2 3101. 1 ) Porpoise, LLC Agenda Item 11 Page 9 Disclosure Statement - Disclosure Statement- - �rarva • ) - - - - - - Plann -&Community - Development-. _ - �xr- _ram:;: Known Interest by_QubtL fficial or Employee Does an official or employee of the City of Virginia Beach hove an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • tf 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-collateralltation,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? 0/Yes Q No • If yes,identify the 11financial lhnstituti 'provldi b the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes Q(No • if yes,identify the company and Incividua►providing the service, 3, Does the applicant have services for accounting and/or preparation of tax retvrrns provided in connection with the subject of the application or any business operating or to be operated on the propercy?i Yes ❑No • if yes,identify t e firm and individual providing the service, (_.,,,a-)10 ____(, ' .1 c--__,1_, __ %.„,_ 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of ' the application or any business operating or to be operated on the property?0 Yes ( No • if yes,Identify the firm and individual providing the service. - 1 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ❑No • If yes,Identify the purchaser and purchaser's service providers. 21 Porpoise, LLC Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement City d vgyur Rode ... ,.,, Planning&Community Development 6 Does the applicant have a construction contractor in connection with the subject of the application or any business ooerating or to be operated on the property?0 Yes ❑No • If yes,identify the company and individual providing the service 7. Does the aophcant have an engineer/surveyor/agent in connection with the subject of the application or any business ope•aticg or to be operated on the property?0 Yes Cif No • if yes,identify the firm and individual providing the service. B. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?,0 Yes ) No • If yes identify the fir/ ai prov mg the sene. tustisa;nt mire I certify that an of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification That the appinahur has been sr herLled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. e. • Applicant Signature - Print Name and Title CC `/ / s Date Is the applicant also the owner of the subject property? 0 Yes 0 No • if yes,you du not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2J weeks prior to any Planning Commission and City Council meeting that.-rtains to the ;. cations ® no changer ar Cl DJte 06.29.2023 Sig"'"" Pant Nam• Hoa N. Dao 3I Porpoise, LLC Agenda Item 11 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff-. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Porpoise, LLC Agenda Item 11 Page 12 ,--------- \14 -it-- ,--\ \ i 111111A sionwi 20:5 1 11111111111611 IIscIt. - • (...- oPm.------\--- I \ 01111.1.— 114 %111 2,01- - ii \ Oa i 1-itiaUvi 0 -I I - - -- P s 1 \ 03 ,, . 1:11.W. gm ot i lei \ '.,,,_,,,,,-------- 70------- - ‘111 IP' \ 1W-s-AL oli r 111 Z-,--7- 11011A . 4 IllaT------- 11164tlicagavt- 11111A1W1 VI z.--- -----------1110 _,_,.- ---._- ----)--------* ) Sitill JJ,14 --- --- 1---- -- - \ - - _____-----,----------. IA Ao . _-------- ---, - Short Term Rentals ---------_---- --\ .,.,------A' \ co STR Permits \_ \\\V—,—"1"-1--'—___ (------7--): .SIR = __ __ 11 _ Street _ t h Qt ,„ ______ _______ _ r= / illiii 1''I I'I I� ,., 1 II I I I I t' iii' ____i_c_ I li° t� , , III \ \ I O 30t t tt or t • t tt i• , too rr,":" \ - t t I, =y I'll -' \ ,..... It \ \51 rdi Site \v-u-tti _j Property Polygons Porpoise, LLC. 1' El Zoning 606 20th Street, Unit A Building Feet 0 510 20 30 40 50 60 •i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PORPOISE, LLC [Applicant S, Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 606 20th Street Unit A (GPIN 24179745440000). COUNCIL DISTRICT 6 MEETING DATE: July 18, 2023 ■ Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental unit within a multi-family dwelling. • Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental at the subject property. The unit was constructed in 1953 and is located along 20th Street. Since the site is in the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is expected. The surrounding area is a mixture of multi-family dwellings, single-family dwellings, commercial retail, and other resort- oriented uses. The unit in question has previously been advertised and utilized as a Short Term Rental, according to City records and Host Compliance. The applicant has stated that they do not intend to use this unit for Short Term Rentals prior to the approval of this application. Based on the information provided by the applicant, the unit appears to comply with the STR regulations found in the Zoning Ordinance. The parking plan for this application provides the required two spaces, utilizing the existing driveway. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. 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 July 12, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling unit addressed as 606 20th Street Unit A and the Short Term Rental use shall only occur in the principal structure. Porpoise, LLC Page 2 of 4 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. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. 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. 6. 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. 7. 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 physically present at the Short Term Rental within one (1) hour. 8. 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 the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. Porpoise, LLC Page 3 of 4 10.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. 11.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. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.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 y 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. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.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. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.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). 18.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 effect 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. Porpoise, LLC Page 4 of 4 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. 19.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 Recommended Action: Staff recommends Approval. PlanninVCommission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 Applicant & Property Owner: Porpoise, LLC Agenda Item Planning Commission Public Hearing:July 12, 2023 /7B-- City Council District 6 12 Virginia Beach Request Conditional Use Permit (Short Term Rental) v Staff Recommendation 76,",25,HHp�F5, ;�, t Approval ;- ntHST TH "F 5T 26 � 26T ST IA SZ OST+, Staff Planner -1,1 -� e ao„p0Fs' 1'" Pamela Witham 2ENO N°55T y '22µp 5T - . 2,s, _ ST T TN ST Location 'a 2,S1H,+""`i F, p 7° v 606 20th Street, Unit A '1 , m v c ,91 sT k m GPIN ,6TH s'TH„my VD 24179745440000 \ ,6�NST , 1,. Site Size �' m �. jN 51 N 0.1051 6,394 square feet I, I' ,,.t.,-'1 ,21 s, �J Existing Land Use and Zoning District - -r Itrr ----5- \ / Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North � - 31 20`h Street , y' ' • Single-family and multi family dwellings/OR _. 2'i%ST 7 ., =-7-',r Aor $ Oceanfront Resort ► ' ,; e° '�,; l Y4'_. .. South };: 7� 7.. ,�`1 ' Business and commercial use/OR Oceanfront �'�' x ` Ai k Resort 14 •f. {'` F' East - r,r _ • Commercial use, single-family and multi-family ,it. ' - dwellings/OR Oceanfront Resort West rr „;tylay Business and commercial use /OR Oceanfront '?_ , ' . ~_ " Resort . ;` � / "ICY _ -� f E , Porpoise, LLC Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,394 square-foot lot is zoned OR Oceanfront Resort. • According to City records, this dwelling contains 2-bedrooms and was constructed in 1953. • Staff inspected the site on May 24, 2023 to observe site conditions and obtained photographs for this report. • On-street parking is not permitted on this portion of 20th Street. • 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 June 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No May 18, 2021 No Short Term Rentals in the Vicinity t i 111 A --k lisii\?itli 1 '-'------ i k.4 ------- I odrolli iii 'T i i f Ir. \ I___:___' ------:---------- IMO ig \____ '...._.\ A „: °y ...a 1 Shor t Term Rentals __„,:, . rS 1 1 l l 3, 1 Porpoise, 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 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (1 space per bedroom required):2 total • Number of off-street parking spaces provided: 2 4O1H gt Zoning History • # Request • 1 ALT Approved 01/05/2016 • Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—StreetClosure 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 two-bedroom Short Term Rental on this parcel. The site was constructed in 1953 and is located along 20th Street. Since the site is in the Oceanfront Resort (OR)Short Term Rental Overlay District, a Short Term Rental use is expected. The surrounding area is a mixture of multi-family dwellings,single-family dwellings, commercial retail, and other resort-oriented uses. The unit in question has previously been advertised and utilized as a Short Term Rental, according to City records and Host Compliance.The applicant has stated that they do not intend to use this unit for Short Term Rentals prior to approval of this application. Based on the information provided by the applicant,the unit appears to comply with the STR regulations found in the Zoning Ordinance. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Porpoise, LLC Agenda Item 12 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 606 20th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)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)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one(1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise),31-26,31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except that each short term rental shall have one(1)four-square foot sign posted on the building,or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. Porpoise, LLC Agenda Item 12 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 City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three(3)years indicating all exterior stairways,decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. 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. Porpoise, LLC Agenda Item 12 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 12,2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 28, 2023,and July 5,2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 26,2023. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/planning on July 6, 2023. Porpoise, LLC Agenda Item 12 Page 6 Site Layout & Parking Plan Ti■ rAa► von ' M ,DO.S*Z8 S /// ,tot Ott •b; i an w sd N" i X egg in 4 t if — ' I • 4....„..... . ... ...,,. . • . _ ., .. —"-"" "tTwo Required Parking "' . " —'�'! Spaces for 606 20th Street Unit B Shown - ,. ` with Blue Boxes. . ` O ,03• } g ■ c ■N ►' 'i ;pi t -; t p er • i A ti o i M ram. .0 Zt .S'S X"6 ;, ><..... .,-- 4"."4".""---6 ' . ..- . • ,mot f • k 70 a" i .9Z Porpoise, LLC Agenda Item 12 Page 7 Site Photo - . -':, .. r,":. -, „r•*,, ''S.,-.....4:41.&-:. - - - • ,e, , 0- •IN, :....A. . ,• ..r,- - At(r.-., =Is 414p.: % '44-, . -.. • -, - . • 4,4-444-. .,-a..,-4.. '* . . .k,,th ' - ' '...,_, '''-, , . :16,, .,.•••,,.- : -__ . -,‘,..,,,T4-.0.r.X, .‘• i .".; : , T. , - .•• ....t;"... • .,,......4.,• f I4e41.---.1. ." . '474,*., -• -'•45...4'41'114Pt./. '." 4. . -• ' ...11." ..0: "' . .•,,, • .. •-‘ . , ,,.p. . f-"',1- ..44, 'V5,;',7 E.3f"'•• . ...„,,,, .e••• -• .-v-,„;,` ',.,•..- Or 4 •,,,_ .2,..tt - it-Ron-;;N•a ' ...1.,, • - 14k, -•':''''4 . ,.:1 ..- . - , •••• - . . • .4' • ,....-.t- • . '.>!. '-e... ... 4: • . • • ,t• t , .1 .. ..„,,, ,' 7.4 Aii; • .. - ,.. .. 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Porpoise, LLC Agenda Item 12 Page 8 Disclosure Statement Disclosure• Statement - - • d► death •�-mow'""" Planning St Community - Development � . - „Y - .� 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 Gty 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 � �ii-- ^f f Does the applicant have a representative? eY S [J No • If yes,list theense of the representa ive. ) , \--(.; is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?El-YeS CI No • If yes.,list the names of all officers,directors,members,trustees,etc.below. (A tach a list if necessary) C-A I e-----X., CD ,C1 . • If yes,Ilst the businesses that have a parent-subsidiary'or affiliated business entity^relationship with the applicant. [Attach a list if necessary) 1"P:ucnl-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 5Q percent of the voting power of another corporation." See State and focal Government Conflict of interests 2"Affiliated husinc s 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 controilina owner In the other entity,or iiii)there is shared management or control between me business entities, Factors that should be considered in determining the fsistence of an affiliated buslreess entity relationship include that the same person or substantially the same person oven or manage the two entities;there are common or commineied 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, Cede 5 2.2.3101 11 Porpoise, LLC Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement Planning&Community 1 �. -"`�' Deveidpfnent Known Interest by em_bJic_QJticIaI or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes RiNo • 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-collateroliration,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? •ElslYes ❑No • If yes,identify the financial Iostituti ns Providing the service. 2, Dors the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 1 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?AYes ❑No • If yes,identify t e firm anti Individual pro lining the service. 4. fames the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,Identify the firm and individual providing the service. '/1 S. Is there any other pending or proposed purchaser of the subject property?0 Yes ❑' 0 • If yes,Identify the purchaser and purchaser's service providers. 2I , Porpoise, LLC Agenda Item 12 Page 10 Disclosure Statement Disclosure Statement ply Ilvh Planning&Community Development Er Does the applicant have a construction contractor in connection with the subject of the application or any bus ness ooerating;r to be operated on the property?0 Yes [3 No • If yes,Identity 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 ope•ating or to be operated on the property'0 Yes ;.12kNo • If yes,identify the firm and Individual providing the servile. 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?iYes Cl No • M pito identify the fir a indi Wi pea rg the e. appliance 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 commie•rr'in connection with this application. Applicant Sfptaeate t L mil.•4G Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes 0 No • If yes,you do not need to fit 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 rtains to the .•ications rw("wise,in of • 06.29.2023 51cn.t arc er^`"°m• Hoa N.Dao 31 Porpoise, 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 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. Porpoise, LLC Agenda Item 12 Page 12 aU _--___---241-"---1:11 kljai I kl N i k , I in -041 ' \\ ti 100 i * ' % 0 ,t_ --'0'1,, Ili Ati al hk% \ i c tsto-kk -"- \r) liww-wir_- ova Atisit'4-2— , -r\\\\ \\I \ ___—_-- --itA %It ----rtill"\ = 11 sow fit,,,- -'At:-T . _ ---""ram\ - -- �[y -- $fir j,� ------- �"f • . h'-:-'--- Tv\-\-\_ tri_____,_____ 75A - it ' s1w\ . .vf-f I ea i 108 t t * ____„----11- a II ky all I ila\; \ *VI -----'*-'--- -. --0 t t .�.� M# iiiii*------------ \ , pi \ \ w S-5i , ...mall ly, 1111.-‘111 rIt ' '' 1 lip_____ .,_ . , v. olaroir...„ _____ 10111 43 akt "4/i _Aiii:'--5:5-- ---- --- It I° n'CAA11111:7W__ .%AIL \_\:_.\-1-)111 " iti. .1 _ \ ------------- 1 \ c, \ At 1 .\ -'s ._111111_....,\ aista \ .161 1= 1 Short Term Rentals '\ _______----'\ n _ ., { STR Permits �- "" `,!,. \,`,u-'-- . _ _ 1 O'R OR _� _ , '1 0 , ee Na�f str /— \ 11 so ____---------- \ ,,, r..'t (t) \l 0 i # \ \ ____--- ,1 \ # street 2��h lI __ N r A Site . w � E Property Polygons Nicholas luliano N��• - Zoning 505 20th 1/2 Street S Building Feet 0 510 20 30 40 50 60 lL+� ( CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NICHOLAS IULIANO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 505 20th 1/2 Street (GPIN 24270709520002). COUNCIL DISTRICT 6 MEETING DATE: July 18, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a four-unit multifamily structure. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 505 201h 1/2 Street. This application was deferred at the June 20, 2023 City Council hearing. The minimum parking requirement for this application is three off-street parking spaces. Two spaces for this application are provided on-site. While the applicant previously identified and submitted an agreement to lease an off-site space, that arrangement has since fallen through. As such, the applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. Since the Planning Commission hearing, staff has added a condition to require that the third parking space be subject to review and approval by the Zoning Administrator and that it be available to the occupants of the STR at all times. The applicant will need to provide a zoning compliant parking plan prior to obtaining their yearly STR permit or beginning operation. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached staff report. Staff has received 2 letters of opposition from adjacent property owners, both of whom also spoke at the Planning Commission hearing and expressed concerns related to the number of exiting Short Term Rentals in the area, limited parking, and enforcement. This item was deferred by Council at their June 20, 2023 hearing to allow the applicant to further discuss the concerns with the neighbors. Since that time, the applicant has advised that she has been in contact with the neighbors and addressed their concerns and opposition; however, they intend to request a deferral to the August 15, 2023, City Council hearing to allow time to secure an additional off-street parking space. Nicholas luliano Page 2 of 5 ■ Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Regular Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 505 20th %2 Street 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. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. A third parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. 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. 7. 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. 8. 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 physically present at the Short Term Rental within one (1) hour. 9. 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 Nicholas luliano Page 3 of 5 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 the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 11.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. 12.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. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.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. 15.The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 16.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. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.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). Nicholas luliano Page 4 of 5 19.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 effect 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. 20.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 Letter(s) of Opposition (2) Nicholas luliano Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant: Nicholas luliano Agenda Item Planning Commission Public Hearing: May 10, 2023 City Council District 6,formerly Beach 12 (ayrj Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation SpRb R Y Approval `EbR ov 36( eye � Staff Planner �' _� dia Oa* � � Garek Hall Hannigan L i'�� 1 oliof oink Location 1,*w�i 505 20TH 1/2 ST i la• 1116k '1 0 G P I N „asc ,� 4�1t(, 24270709520002 n IN Site Size '� C 3,900 square feet 2> O. , 1 µtKSf? Oa . 11111>1 ; "" Existing Land Use and Zoning District ' Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts ' AP�..� • 1 . - North Z,,,st �; rr A , 20th%2 Street(alley) , . — sue J I , , —_ Single-family dwellings/OR Oceanfront Resort w b" South _irailiki4 e �' ‘ ti f 20th Streetof 1 i :CVO ,0�F a Single-family dwellings/OR Oceanfront Resort 4. r 1 �1 - East a* , ; II 1S\ ,A d . Single-family dwellings/OR Oceanfront Resort ,� �� „ ..t. <4 West � . ,, � , Attached single-family dwelling/OR Oceanfront 'A" Resort ....II / i ,•rfi '� J n k gig. t A_ . d f ' Y: Ny Nicholas luliano Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,900 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2017. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on April 12, 2023 to observe site conditions. • 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 April 17,2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity \''- -1415s \WAN%,01116 41;slt-;i ', _, \',, _,____ ito--.i est- Avis, ,:-,r .to\ I___ c ,\ \., --_,Ati williA.2_41:;Oft,-. 7 _tit- 00,---s-it\N -- '' r 1► � .� 11 11i .1' ~. %1*-11947ii ' ,s...T.,' „ ---.-iiiiall .. ,��1 M4s0 40,05 r R': 4 1 , 1' Iii— % 1 Short Term Rentals-----\ 1 fi,1.-- ` r' CUP Min • rec.... ; ; ``_ Its r+i- r'1 l 1 IY-i Nicholas luliano 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 Section 2303 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): 3 • Number of off-street parking spaces provided: 2 spaces onsite, 1 space leased off-site Zoning History Est 5� J 1 # Request _mot= 1 CUP(Short Term Rental)Approved 10/20/2020 (i`\ \ \...- \-- A \ __— CUP(Short Term Rental)Approved 10/20/2020 1 2 . CUP(Short Term Rental)Approved 07/12/2022 A_j____.\ 2, r,-"- _ c fR!LJ 3 ALT Approved 06/19/2018 — 4 ALT Approved 05/14/2013 5 SVR Approved 10/08/2013 ALT Approved 10/08/2013 r 6 ALT Approved 08/17/2021 104141.. _-� 7 NON Approved 04/27/1993 7 OR n �, �� 8 SVR Approved 09/06/2016 + -� ti 9 ALT Approved 06/07/2016 --\--\--\--- '3 10 ALT Approved 09/16/2014 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions 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 Short Term Rental request is for an existing 3-bedroom attached single-family dwelling,which according to City records was constructed in 2017.This unit is under a Condominium Association which encompasses this dwelling, 505 20th % Street, and the attached unit, 505 20th Street. Both the owner of this unit and the owner of 505 20th Street have signed-off on this application request as representatives of the Condominium Association. The surrounding area is predominately single-family and low-rise multifamily and includes several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The subject dwelling unit has not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance. additional leased space from 600 22"d-Str-eetra-tar-ope-rty-iee-ate€1-apiar-e*i-na-ately .1 miles from the subject site. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. Nicholas luliano Agenda Item 12 Page 3 The minimum parking requirement for this application is three off-street parking spaces. Two spaces for this application are provided on-site; however,the third parking space will need to be off-site. The applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. The applicant will need to provide a zoning compliant parking plan prior to obtaining their yearly STR permit or beginning operation. 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 505 20th 1/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)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. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. A third parking space, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. 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. 9. 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 physically present at the Short Term Rental within one (1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Nicholas luliano Agenda Item 12 Page 4 11. 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. 12. 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. 13. 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. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. 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. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. 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). 20. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. 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. Nicholas luliano Agenda Item 12 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/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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 23, 2023,and April 30, 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 April 24, 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 May 4, 2023. City Council • As required by State Code,this item was advertised in the Virginian-Pilot on Tuesdays,July 4, 2023, and July 11, 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 July 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 July 14, 2023. Nicholas luliano Agenda Item 12 Page 6 Site Layout & Parking Plan — Revised July 6, 2023 Applicant is working to secure a third off-site parking space. Pi 13'r 1'55" 1f' 130' __---` ^,4, —... N CO V;:'..,, i p4u . S I 14) V/ I; k 507 20th Y2 Street b--ra=X-�—X�_- - •!. , I,I�I,I,I,I,I`III, q \41 ❑❑ 507 Space i 507 Space �' ~ 505 20th '/2 Street ' .- ' 505 S•ac 505 Space IIII '''II' �. I II/II � I�i �i�•�i�I�I �i ) 1 J� I sI�I�I*I�1 , ,,.. , . . 5 13'51 55- f 1.?G III i ,f A z l .i I Nicholas luliano Agenda Item 12 Page 7 Site Photo Ale 'I 4 ifr', A : I • ,. � 1. I \_, r- Y' . .. f -A - ... , . II ,i- - ,,— . *,Win, .: r� '` (.l1 _ 44 _ J. li 3'..: Nicholas luliano Agenda Item 12 Page 8 Disclosure Statement - • , ts.ECC5-aE1J,SErA-75379,',19DA19 Disclosure Statement Planning&Comumndy 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 Oty of Virginia Beach requiring ac,cn by the City Council or a City board,commisslon or other body. Applicant Disclosure Applicant Name Nicholas luliano Does the applicant have a representative? Yes 0 No • if yes,list the name of the representatye. Nitole Pace the applicant+corporation,partnership,firm.business,trust or an unincorporated business?0 Yes II No • i°yes,li',,t tic nar•en ci ail officers,directors,members,trustees,etc.aelow. (Attach a Ira If necessary) • If yet,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship wrth 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 are Local Government Conflict of Interests Act,VA.Code 4 2.2.3101. '"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationnhip,that exists when(I)one business entity has a controlling ownership interest in the other horsiness entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or Oil there is shared management or control between the business entices. factors that should be considered in determining the existence of an affiliated business entity reationship 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 amities 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 total Government Conflict of interests Act,Va. Code 5 2.2-3101. Nev(sed11.09.2020 11Page Nicholas luliano Agenda Item 12 Page 9 Disclosure Statement oceusil Fmcaope 679COLIOA FtrSaf tIf-FA-7617Wt9rlAt9 isclosure Statement NA3 .._�. Planning&Community Derekvneit Known Interest by Public Official or Employee Does en official or employee of the City of Virginia Beady have an interest in the subject land or any proposed development contingent or the subject public action?0 Yes IS No • If yes,what Is the name of the officiator employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,dreg of trust,c•oss-coltateralitetion,etc)or are they coestdenng enyfhtanc u in connection with the subject o'the application o'a''Y business operating or to be operated o- the properly ■Yes ❑No • If yes,identify the financial Institutions providing the service. PennyMac Financial Services(mortgage holder) 2. Does the applicant nave a real estate broker/agent/realtor ta•current and anticipated future saner of the subject property? ❑Yes ■No • ff yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/cr preparation of taw returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yfits ■No • If yes,Identify the firm and individual providing the service. 4 Does the applicant have services from an archlted/landscape architect/lend planter provided In connection with the subject of the Opp+)cation or any business operating or to be operated on the property?0 Yes U No • if yes,identify the firm and individual providing the service. 5 Is there any other pending or proposed purchaser of the subject property?0 YeS ■No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I V d r. Nicholas luliano Agenda Item 12 Page 10 Disclosure Statement utuat;w;�r,='tVcl::{:r Ili f.%3•�Bct\L"CS 4 : L'Fl-Ai fl: ti:1 Jt)F lil Disclosure Statement \Ara rta•rr�'•tr+�a..4a Planning&Community Development 6. Does the applicant have a construction contactor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating a to be trfwrated or.the propFrty'l-1 Yes •No • If yes,icen:rfy the firm and Individual providing the service. 8. Is the applicant receiving legal services in crrnnection with the subject of the application or any business operating or to be operated on the property/0 Yes •No • It yes,identify the firm and individual providing the service. Applicant Signature I certify that 011 of the information contained in this Disc blurt Statement Form is complete,t-ue.and a_:.,rate 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,VDOA.CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature Nick Iuliano Print Name and lute 1/?0,i7D73 Date Is the applicant also the owner of the subject property? I Yes ❑No • b yes,you donot need to fill out the owner dsctn...• FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any PlanningCommitsior and City Council meeting that pertains to the applications irrnreorra•:asaf e 07.07.2023 >arvture Print""'W Hoa N.Dao Revised 11.09 2020 Nicholas luliano 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 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. Nicholas luliano Agenda Item 12 Page 12 STR VICINITY MAP NICHOLAS IULIANO i k ,'' '''S'1747,---- 4'+' ) -,.0:1 :__.:,\itir -- -1. _A t.-- - ------ 1..it 1...0-7--7-. •, i ..\„1L._ \ ` t `f & _ � .-,..?...\ .ti , l b.a. ,.,, , su . __ -----__ .. --0141111, - ....„.1__:4 _____„_-=-_-=:---:=-1 MOW_ i , ).I I)(Lin,. _ - _. ,--ori4 , 10111111100, , 1115.Trr-r-- -4.7_-----. . '. ' .it ...f..407:01..11111 . ti- 102 2.,:_ -- - -- 11-. 110i.digi .% v4-- ' A.-.---littr..6.--‘.141- it..'di Var1111::' ----7-1 i'L , - -----A, 10#4100-01111 it 1 fit' - _ - - A la ' illik -_ ._ *ter- i it Wit - ,� ;� -'__ . % .21.:\ Short Term Rentals 1 • • .I,I1I log .�i lli5 _,_. „ic-c_tr CUP StL.� leilv ' vi„ Y ,may-'- _,ram , 1 5 ,rd-i �� Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 12 Nicholas luliano (Applicant& Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item 12, Nicholas Luliano, is an application for a conditional use permit for a short term rental at 505 20th and a 1/2 Street in Council district six. Mr. Alcaraz: Please come forward and state your name. Mr. Luliano: Hi, I'm Nicholas Luliano. Mr. Alcaraz: And you're the owner. Mr. Luliano: Oh, sorry, thought you were asking me, I said my last name. I get that all the time. Yeah, so the property owner at 505 20 and a 1/2 Street. Mr. Alcaraz: All right, go ahead. Mr. Luliano: All the conditions are acceptable. Mr. Alcaraz: Okay. Is there any questions? None. All right. I think we have some opposition, so we're gonna hear them. We're gonna give you a chance to come back. Mr. Luliano: Okay, thank you. Mr. Alcaraz: Thank you. First speaker. Madam Clerk: Calling Sandy Dietrich, followed by Sarah Welch. Mr. Alcaraz: Hello, if you can just state your name and your address. Ms. Dietrich: Sandra Dietrich, 518 20 and a 1/2 Street. Mr. Alcaraz: Okay. Ms. Dietrich: The house, the two structures that are duplex, it's actually a four-plex that are requesting are down the street from us. They have very tight parking almost no green space, only one of the units has green space in front. None in back because they're, it's a four unit complex, 20 and a 1/2 Street has no street parking. There is, it's an alley. So there is no off street parking. It's very, very tight street. So it's difficult for two cars to pass. So that's one of our concerns, but our main concern is having lived there for five years is when parties and, it gets out of. control. There's more than the allotted number of house guests permitted, and we had an incident a couple of years ago where there were over a hundred people in one of the units next door to us, and the police came, tried to empty the house of the, all the extra guests and the police told us there was no recourse. Their hands were tied and at a recent, at a recent Beach Resort Civic Meeting, we had someone up, sergeant from the second precinct who again confirmed that the police hands are tied. So when there's a large party or something going on, unless a crime is committed, they have no recourse. As a neighbor, we have no recourse other than to call the police, maybe they can empty the house, but that is it. The other concern is that we found out that the planning commission has never revoked a conditional use permit. So as neighbors in the neighborhood, we have no recourse. We're permanent residents, but we have no one. The police hands are tied. The Planning Commission is issuing all these conditional use permits, but as permanent residents, we just don't have a recourse and if you call the number on the signs that are now required for short term rentals, it goes to a voicemail and then you get no call back. Also, if you don't know the owner, how do you get in touch if there is a problem? And now the house behind us, that owner has moved to Texas. So if there were issues, we can, we have his email, but what do we do? Again, there's no recourse. So we just feel that as permanent residents who want to live in a nice neighborhood close to the beach, we're as residents, we're not being heard. It's more like you're treating the neighborhoods as a tourist destination as opposed to the permanent residents that we just have no recourse. So I feel that the Planning Commission should take a look at maybe placing some kind of density cap per block so that a block does not have all short term rentals, that there is a balance between permanent residents and short term rentals. So I just asked for your consideration in this like I say, the street is very narrow, we are in alley, we'd like to remain a neighborhood as more where you get to know your neighbors rather than people checking in and checking out and checking in and checking out. Mr. Alcaraz: All right, Ms. Dietrich, I'm gonna ask if there are any questions for her before she sits. I have a couple of questions anyway. The incident was that a short term rental, a licensed one that was next door to you? Ms. Dietrich: I'm not sure that they were licensed at the time. We also have a, I will add one more other thing we have. Mr. Alcaraz: Well, I just wanna specifically the hundred person party was that licensed? Ms. Dietrich: I'm not, I'm not sure if they had, Mr. Alcaraz: I'm just trying to see what, you know,jurisdiction the planning staff has. Ms. Dietrich: But there were a hundred people. There were 10 police cars, and the police said there was nothing they could do. Mr. Alcaraz: Well, the staffs here, I'm sure they're taking this in and they'll see what they can do. I'm not sure, as long as I've been here,I don't know if we've ever revoked STR, but I mean, I don't know. I don't think we have. Ms. Dietrich: That's what I'm saying. You haven't, so. Mr. Alcaraz: Because it's still new and they're going through the process. Where is your house compared to this one? Ms. Dietrich: We're on the opposite side of the street about 1, 2, 3, 4. Mr. Alcaraz: So you're on 21 st then? Ms. Dietrich: I'm on 20 and a 1/2. Mr. Alcaraz: This is 20th and a 1/2, right? But you're on the other side of the street. Ms. Dietrich: Right. Mr. Alcaraz: So, okay. Ms. Dietrich: We're on the opposite side of the street. Mr. Alcaraz: So 518. So you're closer like Town Bank. Ms. Dietrich: I'm sorry. Mr. Alcaraz: You're closer to Town Bank that way, not West, I'm trying to get your bearings where you're at. Ms. Dietrich: I'm just across the. Mr. Alcaraz: This is 505 and you're 518. Ms. Dietrich: I'm 518. I'm only about five doors up on the opposite side. Mr. Alcaraz: Okay. Is there any other questions, Mr. Coston? Mr. Coston: I just had a comment. I believe the staff added people who could respond to these types of complaints. Is that not so? Ms. Sabo: For staff, absolutely responds to when we get violations, unfortunately we don't work 24 hours a day, so if there is a complaint that comes in after hours that would go to police, they would be the ones who respond to that. If police respond, we have a good relationship with the police. If they respond to a short term rental, we are notified so that we can make note of that, and take the proper violation action if necessary for that short term rental, but we do respond to that. Mr. Coston: So that's something that's been added since a few years ago so that they can track if there's an issue at a short term rental so that you can get that complaint in, that would then cause the revoking of a short term rental at some point. Ms. Dietrich: Well, in response to that, we have at 526 20 1/2 Street, he does not have a conditional use permit and he's still running un illegitimate short term rental. So, and we've made complaints and I'll look into that property. So again, that's our concern. Thank you for your time. Mr. Alcaraz: Thank you. Madam Clerk: Sarah Welch. Ms. Welch: Good afternoon, thank you for your time. My name's Sarah Welch and I reside at 522 20 and a 1/2 Street. I'm right down the street from the proposed rentals four or five houses down. I stand in opposition of these short term rentals for the rationale that the street's already active, very active in my opinion with the short term rentals at 518, 525, and the unpermitted one at 524, which is directly next to my property. There are 35 houses between Mediterranean and Baltic because that's where we're at and on the, between the north side of 20th, the South side of 20 and a 1/2 and 21st street. So that's where the 35 houses are. With the current number of short term rentals, we've had situations of loud tenants, parking issues, lawns unkempt, I've submitted photos in the past to the short term rental community. Every time there's a renter in our illegal home that's right next to mine. We also have had one at that Sandy mentioned at 516 where the owners tried short term renting and it blew up, and they quickly stopped doing it, regularly especially through the hundred days of summer that we all love between Memorial Day and Labor Day, there are parking issues or actually travel issues when you're trying to get in and out of Mediterranean and Baltic, when people are moving in and out. There are not many parking spots typically for these houses and so when people are moving in, they have a tendency to park where they can and then park behind those cars while they're moving in and moving out. Again on this alleyway,you're trying to go get groceries on a Saturday, I work full-time. You're trying to go get groceries on a Saturday and, you know, you struggle getting out onto the street. So I just think that with these additional short-term rentals, the parking issues are gonna increase. I had a situation where I had a renter come to my property, ring my doorbell, ask me if they could pay me to park in my driveway while they were renting the house next door. We continuously have folks who live on 21st Street, but their driveways are on 20 and a 1/2. The renter's park in their driveways, and then they try to get out and they have to go to the house and ask the renters to move their car so they can get out their driveway. I moved to Virginia Beach in 2019, and I purposefully bought in this area because it was residential and not full of investor real estate. I drove from Sam Bridge to North Beach to look for locations and I liked this area and Old Beach. So what I wanna do as I can see my time's running out, but I wanna ask you all to truly consider a density cap. Sandy and I have talked a lot about it. I think a 5 to 10% density cap is a very reasonable thing for this Commission to think about. The other thing that I wanna remind all of you is that once a short term rental address is identified as short term rental, it is a short term rental at that address. It can change owners multiple times and it remains a short term rental and so I just wanna make sure that you think about that as you make your decisions. I respectfully request you take my feedback into consideration and I thank you in advance for your time. Mr. Alcaraz: Hold on. Any questions? None. Okay. Next speaker. Thank you. Madam Clerk: That's all the speakers for this item. Mr. Alcaraz: That is. All right, sir if you can come up front, can you address any concerns that you just heard for us please? Mr. Luliano: Yep absolutely. I do appreciate the concerns, you know, brought on by Sandra and Sarah. I'm happy to give you my phone number and stay in constant communication, you know, I'm speaking on behalf of myself and Jamie George, who's next up on the agenda. We're the property owners at 505 and 507 20 and a 1/2 Street. We've been neighbors for almost six years and we're the original owners of the current property construction in 2017. We still live there and plan to remain property owners for their foreseeable future. These houses will always hold a special place in our hearts as we both started and have begun to raise our families there. We love the community as you do walks to the farmer's market, local businesses, the boardwalk, et cetera. But we are both looking to begin our next chapter as our families grow, we are looking to relocate within Virginia Beach, and when we do, we feel that operating our properties is short term rentals, it's what's best for our family's futures. But we still plan to stay active within our local vibe district community as property owners. As shown on the agenda, the surrounding area has dozens of short-term rentals operating with a conditional use permit, and likely many more to come with the construction now underway at Atlantic Park. The properties are within the Oceanfront Resort, short term Overlay District and also many other properties on our street and near us, operate as longer term rentals with 6 to 12 month leases. We plan to contract with Sojourn Property Management to manage our properties and rental contracts, Nicole Pace; the Chief Operating Officer of Sojourn is in attendance today. They market themselves as high end rentals and thus we plan to charge premium. This alone will help dictate our clientele as it sounds like that's a bit of a concern. In all perspective, renters will go through a fraud and background check, and we have the ability to approve or deny renters. Our preferences are rent to traveling families and traveling professionals. After all, tourism is a key economic driver in Virginia Beach. We do not intend to be any sort of detriment to the community. We plan to invest in it and help it continue to thrive, you know, and to directly address some of those concerns,you know, we do have our own parking here. I can understand higher up on more West on 20 and a 1/2 Street, where some of those houses are compact and its shared parking where that can be difficult. But we have clearly defined parking spaces and we'll have clearly defined parking spaces for each of our units, two off street parking spaces per unit and we've also contracted with a local business to have a third off street parking space in order to meet the city requirement of three off street parking spaces per bedroom. You know, we haven't had an issue living on the property for almost six years. I understand it can get tight on the street sometimes, but you know, we do have that off street parking available again, I am happy to provide our number to our neighbors. We want to be neighborly throughout this process and we are gonna continue to be involved property owners and keep up with the property and all that. Thank you. Mr. Alcaraz: Hold on, any questions? Ms. Cuellar: I have a question. Mr. Alcaraz: Sure, Ms. Cuellar. Ms. Cuellar: You had mentioned in your comments that you have a property manager who's gonna be managing the short term rental. Mr. Luliano: Yes. Ms. Cuellar: And have you had the opportunity, do they have a plan in place, if you will? Should there be a complaint for the property? Mr. Luliano: Yeah, can I invite her up to speak? Mr. Alcaraz: Oh, that's up to Ms. Cuellar. Ms. Cuellar: Sure. Ms. Pace: Hi, Nicole Pace. I'm from Sojourn. We are a local real estate brokerage and property management company. We started in DC in 2019 and moved down, opened in Virginia in 2020, opened our brokerage in 2022 in Virginia Beach. We manage about 300 properties from New Jersey to North Carolina. We're very, very experienced property managers. We hire local on the ground hospitality managers. We have lots of great rapport in Norfolk with our neighbors and there,we have our signs up with our phone numbers on them, so would not be opposed to that being one of the plans, but we do make sure that everybody in the neighborhood knows to call us. We have somebody that can respond in every neighborhood that we operate in within 20 minutes. We also contract with a local security company. So if we were to have any problems, we understand that the police can't do anything but the property manager can come and revoke a stay because once you give the property at short term rental license, these people are transient and not residential. So we can come in, change the codes, we operate, all of our codes are remote controlled. So at any point we can revoke access and in this area, I don't know if I've, anyone else in Virginia Beach is doing this, but I do know in Norfolk and North Carolina, we're the only company backed by Lloyds of London. So we have a third party security system like screening system that Nick brought up. So if you book with us on any platform, anywhere, the first thing you have to do is verify your identity. Your identity has to match your credit card. Your credit card has to match the reservation. It's big circle. No codes are released. No addresses are released. Nothing is released until we make sure that all of those pieces come together and because of that, we have almost no problems at all in six states. So yeah, we went through the COVID and the crazy of all the renters and we take a lot of pride in operating legal, safe, short term rentals that cater to professionals and families. Ms. Cuellar: Thank you very much. Mr. Alcaraz: So, hold on, let me ask you,just a scenario. I'm just curious. So let's say it happens, I just wanna know, what happens if there's a hundred people in the house? What do you do? Ms. Pace: Well,we would call our security company and then we would revoke access, right? We would go in, we'd start clearing it out. I'm not saying it would be a perfect scenario, right? We would hope to partner with local law enforcement to help us. But I think the difference is if the property owner or the property manager is there with the police and says like, this is trespassing. These people are not allowed to be on this property. The codes are revoked, everybody's got to go. But I will tell you like we have noise monitors and cameras in every single unit. I also don't wanna get up at one o'clock in the morning to clear 100 people out. But I personally, I own the company and I personally monitor what's going on in this region at night. So once those noise monitors start going off and those cameras like pick up too much, like front door opening and closing too often, we're already on it. We're there when the first 12 people get there right. We're not showing up two hours later when the cars are lined up down the street and the situation is completely out of control. Mr. Alcaraz: Sure. Is there a fine? Ms. Pace: We do put a $500 fine for like smoking and noise in our thing. It's not always enforceable on all the platforms, but it's very much. Mr. Alcaraz: I know it's different for every manager. Ms. Pace: Yeah, but the thing is with Super Hog, which is our identity program, that's the Lloyds of London program, you're forced to buy a damage waiver and you're forced to put your credit card on file. So once you do that, you're much less likely to go in and destroy someone's home because you now are like legally responsible. Where if you book on AirBnb, you could just show up and AirBnb covers you like they have an insurance policy. But with us, we don't care what platform you're booked on, you have to buy this insurance policy and that you have to sign something saying like, you're not going to intentionally cause any damage, right. We understand if like an accident happens, but so it really is like probably the best to turn out there. Mr. Alcaraz: All right, thank you. Ms. Pace: You're welcome. Mr. Alcaraz: Any questions? I have one for the owner. The parking space, the way it's shown, is there actually eight parking spaces there? Mr. Luliano: Yes. The entire property is four units. So there are two that face 20 and a 1/2 street as you see there and then there's two other units that are gonna continue to operate as private residences that face 20th Street. They both as we are technically a condominium,they both signed off on our application for the conditional use permit, so there is eight spaces and it's two off street parking spaces per unit, which was the city requirement when the property was built. Mr. Alcaraz: Understand, now I understand, okay. So the parking for the front units are in the back too, okay. That's all I had. Any other questions? All right, thank you. Mr. Luliano: Thank you. Mr. Alcaraz: We'll go into discussion if there is any, anybody. I'll start, if you guys wanna jump in. I know this is in the OR district. The OR district has that element of rental properties. I know one of the speakers stated that she looked and I guess did her due diligence and seeing if she wanted live there, but. I drove around there too, and I know the area and there's like one story duplexes all in that area. So there is a rental identity in there, and I guess it's just, it's improving and I see this, I think there was a duplex where this four-plex was right, and now they're in a OR district, however I hear, I hear the residents and it all comes down to management. Then that's where, sorry to say that we need help from the planning department's staffing, so I know we're understaff and these odd hours where these things are happening. It's a control issue that we can't get to. It puts us in a bad situation because we have to sit here and vote yes or no. It's an OR district, but then these other units that are illegal or poor management are the ones that are making it hard for us to vote. So that's my comment. I'm kind of, I need to hear from you guys. See where you guys want to go on this. Mr. Horsley: I don't think I can help you or not any, but I'm, you know, I'm very sympathetic to the lady that spoke earlier, but like I say, it's in the OR district and I guess it's, you know, we can make all the rules in the world, but it's really hard to enforce a lot of them, if the police can't get it done, you know, it's a bad situation. So it was interesting to hear from the management, the young lady that spoke that manages property, it seems like they've got their act together and maybe, but I think staff has heard what the lady spoke about. I think they're going to try to do something to rectify those situations with the police department and whatever and, because that's planning staff, they're not policemen, I mean, but they do the best they can. Like I say, we could use a few more when we can get that approved, but, so I don't know whether that I'm in favor of the application. I guess it's in the right district for it, and George lives down that way and he says it's in the rental district. So I guess that's kind of what that property is but, I do have the sympathy for the people who live there that are full-time residents. This is one of the things, back when we first started talking about short term rentals years ago; I said that to get into communities where people live. But we tried to rectify that by establishing the OR districts and just happened to end up being in one. So I guess deep down, you know, never been a big fan of short term rentals, but, you know, I have to abide by the ordinance and according to what ordinance is, I guess this one should fit into this area. So, I don't know if that helped too much tonight, George, but that's kind of way I feel, I guess I would have to support it. Mr. Alcaraz: All right, Mr. Coston, go ahead. Mr. Coston: I think I saw staff taking an address down, the one that y'all mentioned that was operating illegally. So that's going to be addressed and like they said, it's in the OR district and I don't even know if we're going to have say so in the future, but I'd move that we. Mr. Alcaraz: Thank you, Mr. Coston, Ms. Cuellar. Ms. Cuellar: Thank you Mr. Chairman. I think there's a lot of risk involved when it comes to short term rental, both from the property owner and for the renter and I was reassured today looking at the applicant, hearing from the applicant and the steps that he's taking to be the best neighbor possible when it comes to a short term rental. So I wanna thank the management company for providing that as I were living down on 20th and 1/2 Street. I would be reassured by that. I'm also very empathetic to the residents who are here today, but given the diversity in housing that it offers to our city, I would be grateful to for the planning commission to give, do the best that we're able to when it comes to the complaints and the management. I know it is difficult, but as we continue this dialogue to be the best neighbors that we could be to each other, I just wanna thank the applicant and the management company, so I will support this application. Mr. Alcaraz: Okay. Anybody else? Mr. Clemons. Mr. Clemons:Yes. Thank you Mr. Chairman. I just have a couple of comments. I'm very empathetic to the neighbor's situation. I would point out that I think this is a great opportunity to try to build improved relationship and responses with the police department in that particular area and perhaps with respect to all short term rental communities, there's gotta be some way forward in terms of, you know, maintaining, you know, peaceful living environment for the people who live here, as well as allowing those who do come to visit our city to be able to enjoy it. Thank you very much. Mr. Alcaraz: All right. Thank you. Well, I think Mr. Horsley you said, what I was thinking is, and I really appreciate the presentation with the management because it all comes down to management that's what it's all about and I'd really like if maybe planning department can get either a resume or something when they do the application on who that management firm is to help us and not just a, sorry to say because I've heard some of'em have been the house cleaners over there and are they responsive or,you know, if they're a distant owner who they have to represent 'em over there. But I think that's our number one problem is management that they need to be responsive. I appreciate the plan you gave us and, I'm gonna support it if someone can make a motion. Mr. Horsley: I make a motion. We approve the application based on the facts that were provided by the applicant and his management company. Mr. Alcaraz: All right. I got a motion from Mr. Horsley. Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is open. By a vote of eight to zero, the item has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 505 20th %2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) 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. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. 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. 9. 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. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. 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. 12. 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. 13. 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. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. 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. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. 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). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. 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. From: Sandy Deiderich To: Planning Administration Subject: OPPOSITION for Conditional Use Permit Requests for 505 and 507 20 1/2 Street and 505 and 507 20th Street- May 10,2023 Date: Thursday,May 4, 2023 6:22:41 PM Attachments: jmage.ong jmage,png CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attention Planning Administration: We are in our opposition to the request for Conditional Use Permits for a four-unit building located at 505 and 507 20th 1/2 Street, and 505 and 507 20th Street. We reside at 518 20th 1/2 Street, and these Conditional Use Permits directly negatively impact our neighborhood and streets. This housing structure encompasses two streets with very limited parking. The duplex for 505 and 507 20th Street offers no driveways for parking, only street parking which is inadequate (reference photo 1). The duplex at 505 and 507 20th 1/2 Street has very tight parking spaces, assuming this provides enough parking for guests for those two duplexes (reference photo 2). However 20th 1/2 Street is an alley which has limited passage for cars and absolutely no street parking. Should Conditional Use Permits be granted to these four units and they fill to capacity, there is limited outdoor space for guests to congregate because the units are attached and there are only small front spaces; certainly not enough to accommodate large groups of guests. Our frustration is that no one specifically takes responsibility for oversight of Short Term Rentals; it's more of a kick-the-can down the road issue. The Police hands are tied, and the City's Planning Commission is having issues defining the rules and regulations; and does not enforce them. After attending the Beach Resort Civic Association meeting on Monday, April 24th, it was very illuminating regarding Short Term Rentals; both from a Sergeant of the 2nd Precinct and the Planning Commission. The Sergeant explained when there are issues with large gatherings and parties that exceed the number of permitted house guests; there is no recourse from the Police unless a crime is committed. It was also confirmed that the Zoning and Planning Commission have not revoked a single Conditional Use Permit for an owner. This means that as homeowners in our neighborhoods we have no recourse against owners of STRs. The signage for STRs has a number that goes to a voicemail. So if there are issues with a large party or noise, there is no way to have the issue addressed with an owner. Another valid concern, is the owner at 526 20th 1/2 Street, continues to operate an illegitimate short term rental. This house has never been provided with a Conditional Use Permit, and yet the owner continues to ignore the City's rules and regulations and operates however he chooses. Again, there are no consequences for violating the rules and regulations. In the past, we have experienced numerous incidents with Short Term Rentals. A particular incident was a grill fire on a porch that my husband extinguished because the guests were not supervising. Another incident involved an out of control party with 100 people that ended with 10 police cars and no arrests. Additionally, the owner of the STR house located at 518 21st Street, whom we share green space with, lives in Texas. Again, there is no oversight as to how to address issues when they arise. As homeowners residing in this neighborhood, we are discouraged and disappointed that we have no voice or recourse regarding Short Term Rentals. Short Term Rentals alleviates neighborhoods: they just become rental properties. As permanent residents, our desire is to have our neighborhoods remain neighborhoods, not just tourist destinations. We respectfully request that you consider a recommendation that the Planning Commission place a density cap for each block to restrict the number of Short Term Rentals. Thank you for your consideration in not granting Conditional Use Permits for these four housing units. Respectfully, Howard and Sandra Deiderich 518 20th 1/2 Street, VB 571-319-1135 sdeiderich@gmail.com Photo 1505 and 507 20th Street (No Driveways) ) *-',4,11:,-!i, .,/ it. -•,. '",... "--- 4...-.- sai- -__ .,. . .. ...;,„,.,.... nV N.,.•j .-\ rF ,,: • I , . qi : ,„ , ... .! ,„,_.., . I ,, - .., , . - - ,_ , .. ___ ..... ..,....,4,,,,. H- ' ', Photo 2 - 505 and 507 20th 1/2 Street ..... •„ .:.....; . 6' ,....' • . ^. i igfr'.''silki• -r'-' "YIP -...- .. . .•• ' ._,,, . . I I '414' 4.6.•..AP - •."'--";.:-.. A..1 • v.I i • - 17-i' ' ' "• -- "imp, _ ... .,,,,.., lir *- :A ii. ''',•77. --.=1...... :.. .}Arr" .1 ,... , , ....) .... . - -4.:„.... 4.,. ..„___ _____ _ _ 1 111'.7,m;14' r _........ 1. --- -- -,-, • 1.--ii--,- • .-----:,--)t . ---- , . . . ..., . . . .... May 2, 2023 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the four (4) proposed short-term rentals at 505 and 507 20 and 20 1/2 Streets. I stand in opposition of these proposed Short- Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21st St. & 525 20th St.) or unpermitted (524 20 1/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 1/2, south side of 21 St streets. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. (I have in the past submitted photos of parking and lawn issues.) We also had one at 516 20 1/2 street where the owners tried short-term renting (for a very short duration), they personally pulled it, and sold the condo because they had issues with renters where the police were called in to manage the situation. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 4 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. Renters routinely park in the driveway that belongs to the houses in our condo community on 21st street and the owner have had to approach the STR occupants to move their cars so they can go about their business. I moved to Virginia Beach and into my home in May 2019. I purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing this new set of 4 addresses to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. VBgov.corn Map Center Open Data �.. I. 2013 2011 504 2008 508 42 2009 516-13 518 2007 S26 524 522 512 2006 530 518-CM 516-A 522-CM 508-B .I�rSI (2 518 522 2005 Ot11 r''ACt.} 2DJ4 429LM 524 Z 2005 _ 507-CM 1C,4 BALM-A',L Y 2003 r .a 5u9 c y00 5•�5• 5112011 507 2032 BALTIC AVE- 7. 2001 515 sa 2002 523 519 505 523-CM 517 513 507 -0 2003-et 1? _'. Ya"---""l- _- 521 525 523 1 -' b99 Z^ 2003-A - c:r 11 r. ` \ 502 1906 506 504 514 2:1!I 508 1 516-A 516� 514 512 1 ' : �'i g 518 V 7Fa 516-CM V , \ \516-CM7 t .5..- - 600 S. "`- 1907ci \ \----- - 1', '''• S16-0 516-C 507-A 1�` 1900 BALTIC AVE 1 1005 — 505 A 41 •^ of V irgmta Beach,VITA,Esri,HERE,Gamin,INCREMENT I',US Sarah R. Welch 522 20 '/z St. Virginia Beach, VA 23451 srwelch64@icloud.com 704.609.1590 V--------) 1 " \\--' \ OR = street r 2° / 1 11 /if , �' Il \ \ r \ 1 OR / 1' 1 / �- 20111 street N �� Site W 'VI1' E Property Polygons Jamie George S Zoning 507 20th 1/2 Street Building Feet 0 510 20 30 40 50 60 r„ ` liti CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JAMIE GEORGE [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 507 20th 1/2 Street (GPIN 24270709130002). COUNCIL DISTRICT 6 MEETING DATE: July 18, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a four-unit multifamily structure. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 507 20th IA Street. This application was deferred at the June 20, 2023 City Council hearing. The minimum parking requirement for this application is three off-street parking spaces. Two spaces for this application are provided on-site. While the applicant previously identified and submitted an agreement to lease an off-site space, that arrangement has since fallen through. As such, the applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. Since the Planning Commission hearing, staff has added a condition to require that the third parking space be subject to review and approval by the Zoning Administrator and that it be available to the occupants of the STR at all times. The applicant will need to provide a zoning compliant parking plan prior to obtaining their yearly STR permit or beginning operation. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached staff report. Staff has received 2 letters of opposition from adjacent property owners, both of whom also spoke at the Planning Commission hearing and expressed concerns related to the number of exiting Short Term Rentals in the area, limited parking, and enforcement. This item was deferred by City Council at their June 20, 2023, hearing to allow the applicant time to further discuss the concerns with the neighbors. Since that time, the applicant has advised that she has been in contact with the neighbors and addressed their concerns and opposition; however, they intend to request a deferral to the August 15, 2023, City Council hearing to allow time to secure an additional off-street parking space. Jamie George Page 2 of 5 • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Regular Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 507 20th % Street 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. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. A third parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. 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. 7. 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. 8. 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 physically present at the Short Term Rental within one (1) hour. 9. 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 below. This information must be submitted to the Department of Planning and Jamie George Page 3 of 5 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 the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 11.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. 12.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. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.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. 15.The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 16.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. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.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). Jamie George Page 4 of 5 19.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 effect 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. 20.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 Letter(s) of Opposition (2) Jamie George Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /949 Applicant:Jamie George Agenda Item Planning Commission Public Hearing: May 10, 2023 City Council District 6,formerly Beach 13 COO Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ` : ;`-'- OP Approval R : iiii 001 Staff Planner :. IlifillOrrtimaR Garek Hall Hannigan it Location 507 20TH 1/2 ST '~ GPIN willASIS 1 24270709130002 Site Size ilr •3,900 square feet �ill - • 1 Ili')6 • Existing Land Use and Zoning District Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts ;;f.,ir • North �,5 }, J r _ It 20th 1/2Street(alley) ill,. Single-family dwellings/OR Oceanfront Resort '* �• SySp ilk 1. South . 20th Street V t i 1, _; _ - ; ,..► Single-family dwellings/OR Oceanfront Resort = y l` \ *AI r c a, East ,i IIwr: ,, i �. _ 1 it I Single-family dwellings/OR Oceanfront Resort :'�! f 1 ` T West ' Attached single-family dwelling/OR Oceanfront 0 , '.1 A* i Resort ,; 54 111:.1 4 35 1 1 do "':, . \r / i� Y Ifrat Jamie George Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,900 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2017. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on April 12, 2023 to observe site conditions. • 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 April 17,2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity ,,,,,---„,------ t--- ,, r.A.,,- ,,,,I.,,\— . 1\' \ _.... , 1 '' a7--------741::,i _: lairilia - - \I; 's V ________,3i \Mil ___,,2 . -..,- 01.7.1c .:.-_.--.--ilitliT_IA . 11111111 N #- it i tl .0-_ al f �1 ,,,-----I ‘I ra� - 10'f-NSVI*1 lim•r—---- -- --::], Short R ntaIs-- • .rt • -_ .... _CUP SIMI 1 • -- i ..,_ . I • ...— i _ ,,,,A --). \ . .. ;tom..•;'t Jamie George Agenda Item 13 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 Section 2303 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):3 • Number of off-street parking spaces provided: 2 spaces onsite, 1 space leased off-site Zoning History z�STg` - Ali # Request \ ' 1 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 10/20/2020 2 CUP(Short Term Rental)Approved 07/12/2022 t,Wartf . OR 3 ALT Approved 06/19/2018 t110 4 ALT Approved 05/14/2013 oR \ 1 5 SVR Approved 10/08/2013 L / ALT Approved 10/08/2013 _ - - 6 ALT Approved 08/17/2021 7 NON Approved 04/27/1993 8 SVR Approved 09/06/2016 OR ,ti 9 ALT Approved 06/07/2016 10 ALT Approved 09/16/2014 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 Short Term Rental request is for an existing 3-bedroom attached single-family dwelling,which according to City records was constructed in 2017.This unit is under a Condominium Association which encompasses this dwelling, 507 20th %2 Street, and the attached unit, 507 20th Street. Both the owner of this unit and the owner of 507 20th Street have signed-off on this application request as representatives of the Condominium Association.The surrounding area is predominately single-family and low-rise multifamily which feature several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The subject dwelling unit has not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance. additional _p___from 600 22"-Street,a properEy--located approximately.1 miles from the c ect cite. Jamie George Agenda Item 13 Page 3 The minimum parking requirement for this application is three off-street parking spaces. Two spaces for this application are provided on-site, however,the third parking space will need to be off-site. The applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. The applicant will need to provide a zoning compliant parking plan prior to obtaining their yearly STR permit or beginning operation. 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 507 20th%2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)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. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. 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. 9. 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 physically present at the Short Term Rental within one (1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Jamie George Agenda Item 13 Page 4 11. 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. 12. 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. 13. 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. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. 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. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. 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). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. 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. Jamie George 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/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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 23, 2023,and April 30, 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 April 24,2023. • 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 May 4, 2023. City Council • As required by State Code,this item was advertised in the Virginian-Pilot on Tuesdays,July 4, 2023, and July 11, 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 July 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 July 14, 2023. Jamie George Agenda Item 13 Page 6 Site Layout & Parking Plan — Revised July 6, 2023 Applicant is working to secure a third off-site parking space . , t it d 7 __..J, r., 73- �`5 a 73G .-Y•••• 4... Y .-x. YET -..Y...........- i,Y. .f.- .THY.... ...Y.. If,. .. ...-,,-.........,-X......., fr 1 IV \ � x r o IoO 507 20th '/s Street —nn—- X -r X- ..' .i . m= Z71� ' �7.' \X y !>;\.>\\- TAT;?2 E 4 - 2 d ❑❑ d Cl) 507„Space 507 Space rn y 505 20th 1/2 Street 1 . ;1 51 . . - I ♦ ♦♦♦♦- I '♦♦♦♦♦ N II III• II >,. 1 ♦♦♦ 1 ♦♦♦I♦ -7-A =A=- 7_7_ = A .- __ --,_r Jamie George Agenda Item 13 Page 7 Site Photo -1 .;•4.. , - • . -,-, ,,,,3r- !..,-*. - , // it I IR ..—\., -...;'-i .:.- . '• „ . .. . . - tr lit ii ..., .. ...#.;._: 1-,.. .....,1"..... _ p II la - - ,_. . -' t ,.., ,. . ,.._...______ __ = , . .,, 7-i' N-=----____ 11, r ,;...„,... , . , . • .. . el .=,m.....- =:= ii. . . : '': ----,..,. ,__ , .• . - , i.„ . , . :i,;). ...... ,,,,,_ =.....r...... - , min ,, _........e. IJr' ,—• ili....,44,,,./ .i..., k .... _-.''',. 16 ....... ' . ._ . • .._ • _-......... , • - .„ •s,_ - .•,r- . ',. -"clr.74-6.-,1e4Iiir-.-1.t-!,--•, • ,• --mt, Jamie George Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement V13 cxr,ytv�,rra� Planning&Community Development The disclosures contained In this form arc 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 Jamie George noes the applicant have a representative' M Yes ❑No • it yes,list the name of the representative. Nit c,, Pr,r Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? LI Yes ®No • !'ves,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary I • 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 Interess 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 42.2 3101. ?evised 11.09.2020 1 I P a g e Jamie George Agenda Item 13 Page 9 Disclosure Statement 1)':^.u5 yn I rAe.r.spe Ili.(1le4;•2I1n-Pt74-0I I I1;178 F.44 r1)1i;D7f!c.. Disclosure Statement \43 • Planning&Communit` Development Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent or the subject public action?0 Yes ®No • If yes,what is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Duis.lie d pp ILdI L hrai:any existing financing(mortgage,deeds of trust,aos•coltateragtation,etc)or are they considering any finandng it Lonnculan with tic sub;cct of the application or any business operating or to be operated on the property? I]Yes D No • rf yes,identity the financial institutions providing the service. PennyMac Financial Services(mortgage holder) 7. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • 7f yes,identity the company and individual providing the service. 3. Does the applicant have services for aceotmttng and/or preparation of tax returns provided In connection with the subjert of the applkatio*or any business operating or to be operated on the property?0 Yes ®No • rf yes,identity the firm ano Individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of t`e application or any business operating or to be operated on the property?❑Yes I J No • if yes,identify the firm and individual providing the service. S. Is there any omer pending or proposed purchaser of the subject property?0 Yes 183 No • if yes,identify the purchaser ano purcht.ser's service providers. Revised 11.09.202l 7 I P Jamie George Agenda Item 13 Page 10 Disclosure Statement OoiSign cnvclu ID:'318aA261-S77t 4E8l-6I -13s4tL 6C 766 Disclosure Statement Iiii :.�rsiyr.emo✓ ,�. Manning Development &Comnnrnzty vc3npment -_ 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?Cl Yes ®No • If yes,identity 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 operat.ng or tc be operated on the property?0 Yes ®No • It 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 ooerat ng or tc be operated on the property?D 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. ,rroers:and that, upon receipt of notification that the aoplkation 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,VDDA,(IPA,Wetlands Board or any public body or committee In connection with this application. e:h p lcant .ianatureT �ANsit.- I ..JainA5 Print Name and Title Jc �!?irf' _ Lk] fGnt) 11301 L-3 _ Date Is the applicant also the owner of the subject property? ®Yes 0 No • I'yes,you do rot 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 Q nc chances as or Date 07.07.2023 sic"'''''' / Illations 1_ Hoa N. Dao Revis+d 11.092020 3 I F r r Jamie George Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Jamie George Agenda Item 13 Page 12 STR VICINITY MAP JAMIE GEORGE ill - , , tr III r _ is - i ...\11, ,, ___--72-1- ,), ,,, ' 6 A _ --.oth,.' 106%_%\. . ----==rt7 ---- 1-7tiiiiitritl. ktvW '1 . - -- -_- .. ___,,,,,2----;i1,,, no 440111440 -- '' -------- , ..___Dzwill. _ ., , . ___k_...4 io ,_,.----:- ----.0..„ - ..ir 'p _ woo-, -----=--=- 4------8r-‘• . \ •4* --- -_ :,. - . ..-- \ -0,.„ , )0,;_'-_--\ . ___ ...,. • ... \ .. ------- 0 '. lk 71k:- ' 1. -- '. 1:1t.. \ 4----- x - Ali1111, \ 1144"4:k11 1 - r Vi ,, i t.,1116,__ _ 11116,P-l-1-0-!... oiro----------40 1 ) Ai ---1 • 1110 41\t\ • 11_ 'lit. 0111112,..„ 115c* Wiliit.....11 f _wry" iti";\ ti„,,,,... ..._ww . -:,., Short Term Rentals - ' 3., , ,,,_ - . i_ • CUP status VIII ' Ili. A, ...r.-••-• ----: --- ' 11114* ' . - . +_ • • • =V-C: „� 7 ` r - _ Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 13 Jamie George (Applicant& Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL Ms. Alcaraz: All right. Thank you. Next and I guess last item. Madam Clerk: Agenda item number 13, Jamie George is an application for a conditional use permit, a short term rental at 507 20th and 1/2 Street in Council district six. Mr. Alcaraz: State your name please. Ms. George: Jamie George. Mr. Alcaraz: And state your application. Ms. George: Excuse me. Mr. Alcaraz: You can go ahead and state your application or any information you need us to know. Ms. George: Oh yeah. I mean, so I'm just sort of in the same boat as Nick, as he said. We live right next door to each other. So I'm the property at 507 and I do, I mean, I completely understand the resident's concern, you know, we live there and deal with the same traffic and all the same things. But I mean, I just wanna reassure them that, I mean, we're doing this, as he said to sort of transition out of this area to raise our children in more of like a neighborhood with a larger yard, but possibly with the hopes of returning to these homes. So, I mean, I think that's why we invested in Nicole and Sojourn to manage these properties for us because, you know, we don't want to burn bridges and we want them to be managed and run efficiently just for, you know, the extent of our property and possibly going back. Mr. Alcaraz: So do you live there now? Ms. George: I do. Mr. Alcaraz: So do you know the people that came forward and had concerns? Ms. George: I mean, I recognized them sort of just from the street, but don't know them personally. No. Mr. Alcaraz: All right. I just knew if you, okay. Ms. George: Yes. Mr. Alcaraz: Any questions for her? None. Yes. Ms. Byler: I was impressed that Mr. Luliano your next door neighbor offered his cell number to the neighbors and said that he would personally stand behind all of the residents and I wondered if you shared his feeling. Ms. George: Of course, 1000%. I mean, as I said, there may be a time when in years to come once my daughter is older, that I'd like to return to this property. I mean, I love the neighborhood. I love the house so I mean, I want to be there to be neighborly and make things as easy for everyone that lives there permanently. Ms. Byler: Okay. Thank you. Ms. George: I definitely would share that. Mr. Alcaraz: All right. Thank you. All right. Next speaker. Madam Clerk: We have the same speaker Sandy Dietrich,followed by Sarah Welch if they have any more comments, I suppose. Mr. Alcaraz: Would you like to come forward and is there anything that you wanna bring up that you might wanna say? No. You're more than welcome, miss your chance. Ms. Dietrich: I love this for a minute. Mr. Alcaraz: I know. Ms. Dietrich: Sorry. Mr. Alcaraz: We're sorry too. Ms. Dietrich: I appreciate the comments of providing phone numbers and contact information. I'll say that the other owners have said they would do that and one has done that, so I just wanna make sure that this commission knows that a lot of times, the owners will say they'll do that and then they don't. So I just wanna make sure that people understood that. Mr. Alcaraz: Sure. I think staff took that down and I'm sure they'll take the address on the one that was done being done illegally. Ms. Dietrich: And the only other comment I wanna make on the one that's not, that's being done illegally is I'm in constant contact with Ms. Channing Tatum or Channing Tuttle and she gets probably photographs from me at least on a weekly basis of the renters in the house illegally. Mr. Alcaraz: Are you getting a response? Ms. Dietrich: Well, I continuously hear that and I believe it's the truth. I'm not denigrating by any means, but they say it takes a lot to build a case to remove someone from doing something illegally and if it's that hard to build a case from someone who's doing it illegally, I can't imagine what it would be like to try to revoke one and when I contacted about what the process was for revocation, no one could explain that process to me because they've never done it, so just wanted to share that. Mr. Alcaraz: Thank you. Ms. Dietrich: Thank you. Mr. Alcaraz: Okay. Would you like to come forward and say anything, or are you okay? Okay. All right. So we're closed, guys open for discussion or I'll entertain a motion. Anybody? Ms. Cuellar: I'm gonna hope that with the management of these two rentals that this would be a best practice in moving forward in the short term rental area. So I'm gonna support the application. Mr. Alcaraz: All right. We got a motion from Ms. Cuellar? Do I have a second? Mr. Horsley: Second. Mr. Alcaraz: Second by Mr. Horsley. Madam Clerk: The vote is open. By a vote of eight to zero, this item has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 507 20th '/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) 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. The dwelling unit shall comply with all required Fire and Building code requirements. 4. 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. 5. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. 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. 9. 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. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. 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. 12. 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. 13. 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. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. 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. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. 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). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. 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. From: Sandy Deiderich To: Planning Administration Subject: OPPOSITION for Conditional Use Permit Requests for 505 and 507 20 1/2 Street and 505 and 507 20th Street- May 10,2023 Date: Thursday,May 4,2023 6:22:41 PM Attachments: jmaae.onq jmaoe,onq It I This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attention Planning Administration: We are in our opposition to the request for Conditional Use Permits for a four-unit building located at 505 and 507 20th 1/2 Street, and 505 and 507 20th Street. We reside at 518 20th 1/2 Street, and these Conditional Use Permits directly negatively impact our neighborhood and streets. This housing structure encompasses two streets with very limited parking. The duplex for 505 and 507 20th Street offers no driveways for parking, only street parking which is inadequate (reference photo 1). The duplex at 505 and 507 20th 1/2 Street has very tight parking spaces, assuming this provides enough parking for guests for those two duplexes (reference photo 2). However 20th 1/2 Street is an alley which has limited passage for cars and absolutely no street parking. Should Conditional Use Permits be granted to these four units and they fill to capacity, there is limited outdoor space for guests to congregate because the units are attached and there are only small front spaces; certainly not enough to accommodate large groups of guests. Our frustration is that no one specifically takes responsibility for oversight of Short Term Rentals; it's more of a kick-the-can down the road issue. The Police hands are tied, and the City's Planning Commission is having issues defining the rules and regulations; and does not enforce them. After attending the Beach Resort Civic Association meeting on Monday, April 24th. it was very illuminating regarding Short Term Rentals; both from a Sergeant of the 2nd Precinct and the Planning Commission. The Sergeant explained when there are issues with large gatherings and parties that exceed the number of permitted house guests; there is no recourse from the Police unless a crime is committed. It was also confirmed that the Zoning and Planning Commission have not revoked a single Conditional Use Permit for an owner. This means that as homeowners in our neighborhoods we have no recourse against owners of STRs. The signage for STRs has a number that goes to a voicemail. So if there are issues with a large party or noise, there is no way to have the issue addressed with an owner. Another valid concern, is the owner at 526 20th 1/2 Street, continues to operate an illegitimate short term rental. This house has never been provided with a Conditional Use Permit, and yet the owner continues to ignore the City's rules and regulations and operates however he chooses. Again, there are no consequences for violating the rules and regulations. In the past, we have experienced numerous incidents with Short Term Rentals. A particular incident was a grill fire on a porch that my husband extinguished because the guests were not supervising. Another incident involved an out of control party with 100 people that ended with 10 police cars and no arrests. Additionally, the owner of the STR house located at 518 21st Street, whom we share green space with, lives in Texas. Again, there is no oversight as to how to address issues when they arise. As homeowners residing in this neighborhood, we are discouraged and disappointed that we have no voice or recourse regarding Short Term Rentals. Short Term Rentals alleviates neighborhoods; they just become rental properties. As permanent residents, our desire is to have our neighborhoods remain neighborhoods, not just tourist destinations. We respectfully request that you consider a recommendation that the Planning Commission place a density cap for each block to restrict the number of Short Term Rentals. Thank you for your consideration in not granting Conditional Use Permits for these four housing units. Respectfully, Howard and Sandra Deiderich 518 20th % Street, VB 571-319-1135 sdeiderich@gmail.com Photo 1 505 and 507 20th Street(No Driveways) .,� ', .4--\__,, .....-.;..' -."'''' ' )1%46 ... ! ' .�1.. .. .. .. r. 46 i.iy x ' 'It , k -an_4114.111 ter' J. �,yy Photo 2 - 505 and 507 20th 1/2 Street ... iiliii r 11.11 ....; • . ti. f , .. / 4 • 415 r 8 •rrrsr . " 0 �r._ 4,„- 1"'} lli"*.' ;' .._ �1 .... — ' 4 . .. i. ate,... ... May 2, 2023 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the four (4) proposed short-term rentals at 505 and 507 20 and 20 1/2 Streets. I stand in opposition of these proposed Short- Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21st St. & 525 20th St.) or unpermitted (524 20 1/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 1/2, south side of 21st streets. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. (I have in the past submitted photos of parking and lawn issues.) We also had one at 516 20 1/2 street where the owners tried short-term renting (for a very short duration), they personally pulled it, and sold the condo because they had issues with renters where the police were called in to manage the situation. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 4 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. Renters routinely park in the driveway that belongs to the houses in our condo community on 21 st street and the owner have had to approach the STR occupants to move their cars so they can go about their business. I moved to Virginia Beach and into my home in May 2019. I purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing this new set of 4 addresses to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. VBgov.com Map Center Open Data 215151 2013 _ 2011 4! 504 2008 51641 508 2009 518 ,428 21 2007 '.---- 525 524 522 512 2006 . 530 518-CM 516-A " 522-CM 508-B • T s T 432 518 522 2005 i 524 201H NAj-1 2004 429-CM 4 2005 507-CM 200-0Ha II 4,1 'q 2003 r Syy .94- t112011-' 507 505 2032 BAL1TC AVE 2001 515 500 2002 523 519 505 523-CM 517 513 507 rn 2003431 z 521 525 523 2000-A r Z s 2011151 r.. 502 1906 506 504 p TI-I 2 1NST 508 a 516A ` _ 516-6 514 512 1 g 518 S 111 111 f„ 516-CM 1 ' - } 516-CM1 1 - -� 1 ISO Y 1 v i 1907 `` 516-D 516-C lA y. 507-A\' 1900�IAL1ICAVE \' 4 1905 Y �-.=-� \ ^-_^ of Virginia Beach,VITA,Esri,HERE,Gamin,INCREMENT P,US Sarah R. Welch 522 20 1/2 St. Virginia Beach, VA 23451 srwelch64@icloud.com 704.609.1590 M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius®vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/rffldc73deb 1061e4317a76e1144f090f 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 18, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 1 R H H C L H O R A H T W W U EL EMRUA I " O CDNCMMOL 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 DENRNN I. CITY COUNCIL'S BRIEFINGS A. NAVAL AIR STATION OCEANA Captain Steven Djunaedi, UPDATE Commanding Officer B. MICRO-TRANSIT PILOT PROGRAM Ray Amoruso,Chief UPDATE Planning&Development Office—Hampton Roads Transit(HRT) C. ROADWAY SAFETY UPDATE LJ Hansen,Director— (Requested by City Council) Public Works Richard Lowman,Traffic Engineer—Public Works D. NEIGHBORHOOD TRAFFIC CALMING PROGRAM (Requested by Mayor Dyer and Council Members Berlucchi and Holcomb) II. CITY MANAGER'S BRIEFING A. VOTER REGISTRAR&ELECTION Monica Croskey SPACE Chaparro,Assistant City Manager Kevin Chatellier,Director -Budget&Management Services III-IV CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y AY A-F SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y Y AY June 20,2023 2 FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y AY June 27,2023 H. MAYOR'S PRESENTATION 1. PROCLAMATION Miyazaki City,Japan Sister City Day CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E S DATE:07/11/2023 PAGE: 2 • R H H C L H O . R A H T W W U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN I. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS NO SPEAKERS CITY PROPERTY 1548 Michigan Avenue 2. COMMUNICATION TOWER LEASE NO SPEAKERS AGREEMENT ON CITY OWNED PROPERTY 2068 Landstown Centre Way 3. 'ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION Seatack Neighborhood Drainage Improvement Project,CIP 100600, 100451, and 100452 K.1. Resolution to ESTABLISH a Collective ADOPTED 10-0 Y Y Y Y Y Y Y Y Y A Y Bargaining Task Force(Requested by City Council) K.2. Ordinance to AMEND the Bayfront ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Advisory Commission membership CONSENT (Requested by Council Members Rouse, Schulman,and Taylor) K.3. Ordinance to APPROPRIATE funds from ADOPTED 9-1 Y Y N Y Y Y Y Y Y AY the Tourism Investment Program(TIP)Fund Balance.to PROVIDE$50,000 to the FY2023-24 Cultural Affairs Operating Budget and to AWARD$50,000 grant to The LAMBS Foundation re support the 2024 Juneteenth Festival(Requested by Mayor Dyer and Council Members Taylor and Wooten) K.4. Ordinance to AMEND City Code Section 110 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y of Appendix F,Chesapeake Bay Preservation. CONSENT Area Ordinance re notice of Chesapeake Bay Preservation Area Variance Applications K.5. Resolution to AUTHORIZE the disposition ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y and transfer of ownership re the Princess CONSENT Anne County Confederate Monument to the Shenandoah Valley Battlefields Foundation K.6. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y "Y Y Y Y Y Y Y A Y APPROPRIATE$1,744,533 from the CONSENT,AS Opioid Settlements and the Virginia Opioid AMENDED • Abatement Authority to the FY 2023-24 Human Services Operating Budget and AUTHORIZE$10,000 as a required match for the regional cooperative partnership grant; ACCEPT and APPROPRIATE a$50,000 collaborative planning grant to the FY2023- 24 Human Services Operating Budget; AUTHORIZE four(4.0)full-time equivalent positions re implement a collaborative plan to address the opioid epidemic CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 3 R H H C L H 0 R A H T W W U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R Y B K D E N R N N K.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $649,000 from the Virginia Department of CONSENT Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a marine patrol boat,forensic equipment,and analytical services equipment K.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $315,000 in Fund Balance from the Police CONSENT Federal&State Seized Assets Special Revenue Fund to the FY 2023-24 Police Department Operating Budget re police equipment and training K.9 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y ' Y Y Y Y A Y $110,000 from the United States Department of CONSENT Homeland Security to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a large bomb robot K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $37,000 from the Virginia Department of CONSENT Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase of equipment,travel,and training to enhance efforts to address internet crimes against children K.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $10,000 from the Virginia Department of CONSENT Behavioral Health and Development Services to the FY2023-24 Human Services Operating. Budget re staff training,staff time allocable to problem gambling, membership in a national organization,and services related to addressing problem gambling K.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $4,845 from the Virginia Outdoors Foundation CONSENT and Wetlands Watch's Coastal Resilience and Trees Fund to the FY2023-24 Parks and Recreation Operating Budget re support activities to increase the City's urban tree canopy K.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y a $3,000 donation from the Creeds Ruritan CONSENT Club to the FY2023-24 Consolidated Grant Fund Operating Budget re restoration activities at the historic Pleasant Ridge School L.1. THOMAS A. BROWN for a Variance to APPROVED/ 9-1 Y Y Y Y Y Y Y Y N A Y Section 4.4(b) & (d) of the Subdivision CONDITIONED,AS Regulations re reconfigure the boundaries of REVISED two(2)existing parcels located at and adjacent to 2892 Indian River Road DISTRICT 2 L.2 THOMAS A.BROWN for a Variance to APPROVED/ 9-1 Y Y Y Y Y Y Y Y N A Y Section 4.4(b)&(d)of the Subdivision CONDITIONED,AS Regulations re reconfigure the boundaries REVISED of four(4)existing parcels at 2888 Indian River Road DISTRICT 2(Deferred from June 20,2023) L.3. SARAH LONG/BRIXMOR GA HILLTOP APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y PLAZA,LLC for a Conditional Use Permit re CONDITIONED,BY tattoo parlor at 523 Hilltop Plaza Shopping CONSENT Center DISTRICT 6 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 4 R H H C L HOR A H T W W U E L EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA H E EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R Y B K DENRNN L.4. ALAN BELL/ALAN AND KAREN APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y BELL for a Conditional Use Permit re CONDITIONED,BY home occupation—retail sales at 2624 CONSENT South Kings Road DISTRICT 8 L.5. FITNESS VENTURES,LLC/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y CHIMNEY HILL CENTER VIRGINIA CONDITIONED,BY BEACH,VA.LIMITED CONSENT PARTNERSHIP for a Conditional Use Permit re indoor recreational facility at 799 Chimney Hill Shopping Center DISTRICT 10 L.6. DIANE D. KITTS for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Permit re short term rental at 303 Atlantic CONDITIONED,BY Avenue Unit 1405 DISTRICT 5 CONSENT L.7. JIM LUTZ/MELVIN EATON for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Conditional Use Permit re short term CONDITIONED,BY rental at 917 Pacific Avenue Unit D CONSENT DISTRICT 5 L.8. JAMES&LORI JONES for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Conditional Use Permit re short term CONDITIONED,BY rental at 1722 Baltic Avenue DISTRICT 6 CONSENT L.9. Ordinance to AMEND City Zoning APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Ordinance(CZO)Section 106 re notice by CONSENT the Board of Zoning Appeals L.10. Ordinance to AMEND City Zoning APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Ordinance(CZO)Sections 1605 and 1609 CONSENT re notice and permits for Coastal Primary Sand Dune Applications L.11. Ordinance to AMEND City Zoning APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Ordinance(CZO)Sections 1405 and 1409 CONSENT re notice and permits for Wetlands Applications M. APPOINTMENTS BYCO N S ENS US ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 5 R H H C L HOR A H T W W U E L E MR U ' A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN CORPORATION WETLANDS BOARD ARTS AND HUMANITIES COMMISSION Appointed: Ashley McLeod Unexpired thru 6/30/2025 GREEN RIBBON COMMITTEE Appointed: Maty Gueye— Representing High School Student Cali Mitchum— Representing High School Student 1 Year Term 7/11/2023-6/30/2024 HUMAN RIGHTS COMMISSION Appointed: Ramona Taylor Unexpired thru 3/31/2024 +3 Year Term 4/1/2024-3/31/2027 TRANSPORTATION DISTRICT Appointed: COMMISSION OF HAMPTON ROADS Uros Jovanovic— Represents City Employee No Term N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:56 PM OPEN DIALOGUE 8 SPEAKERS 7:28 PM