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Home My WebLink About1-21-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `Nv,.B MAYOR ROBERT M. "BOBBY"DYER,At Large J�� '. ` cb VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 O� •�?�, .. L JESSICA I'.ABBOTT,Kempsville-District 2 ( MICHAEL 1.:BERLUCCHI,Rose Hall-District 3 U ,) 5 BARBARA M.HENLEY,Princess Anne-District 7 ' T LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large •. AARONR.ROUSE,At Large °" °°• GUY K.TOWER Beach-District 6 ROSEMARY WIISON,At Large SABRINA D.WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-T HOMAS M.LEAHY VIRGINIA BEACH. VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR January 21, 2020 FAX(757)385-5669 CITY AUDITOR-LYNDX)N S REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room - 2:00 PM A. CITIZEN SATISFACTION SURVEY RESULTS Peter McGuinness, President—Issues and Answers Network, Inc. Loretta Alsop, Manager, Market Analytics—Issues and Answers Network, Inc. B. VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY Ben McFarlane, Senior Regional Planner—Hampton Roads Planning District Commission C. MINORITY BUSINESS COUNCIL ANNUAL REPORT Sheila Johnson, Chair—Minority Business Council II. CITY MANAGER'S BRIEFING A. DISPARITY STUDY UPDATE Alice Kelly, Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Dr. Kenneth R. Pruitt King's Grant Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION January 6, 2020 2. INFORMAL and FORMAL SESSIONS January 7, 2020 G. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORY OF JENNIFER ANNE BUDY MOORE 2. RESOLUTION IN MEMORY OF JACK DYE 3. PROCLAMATION HUMAN TRAFFICKING AWARENESS MONTH Naomi Estaris H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE USE I. PUBLIC COMMENT 1. Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE SQF, LLC 2. SALE OF EASEMENTS OVER CITY PROPERTY—Interfacility Traffic Area (ITA) a. 3340 North Landing Road b. 2801 Two Farms Lane K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES 1. Ordinance to GRANT a Non-Exclusive Franchise Agreement to SQF, LLC re install, maintain, and operate Telecommunication Facilities in the public streets and rights-of-way 2. Ordinance to DECLARE Excess Restrictive Easements over City Property located at 3340 North Landing Road and 2801 Two Farms Lane in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America 3. Ordinance to ADD Section 6-2.1 to the City Code re prohibit tents, shelters, or structures on the beach between 8:00 P.M.—8:00 A.M. (Deferred from December 10, 2019) 4. Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from December 10, 2019): a. DC Art Institute of Virginia Beach, LLC b. DC South University of Virginia, LLC c. In Home Health, LLC 5. Ordinance to ACCEPT and APPROPRIATE $125,000 from the Virginia Tourism Authority to the FY2019-20 Economic Development Operating Budget and AUTHORIZE a$125,000 Grant to the Virginia Sports Hall of Fame re promote tourism in Hampton Roads M. PLANNING 1. OCEAN RENTAL PROPERTIES, LLC for a Variance to Section 4.4(a,d) of the Subdivision Regulations re access to a public street and lot width at 5568 Shell Road DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 2. HANNAH & HAMILTON GUBANC for a Street Closure re 2,176 square foot portion of an unimproved right-of-way adjacent to 770 Woodstock Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 3. VAB 23rd STREET, LLC for a Special Exception of Alternative Compliance to the Oceanfront Resort District Form-Based Code re commercial parking lot at 305, 309, and 311 23rd Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. BAILLIO SAND COMPANY, INC./ROBERT W. WHITE JR. & ROBERT W. WHITE SR. FAMILY TRUST for a Modification of Conditions re borrow pit at the West side of Princess Anne Lane and Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. BACK BAY WILDFOWL GUILD T/A ATLANTIC WILDFOWL HERITAGE MUSEUM/CITY OF VIRGINIA BEACH for a Conditional Use Permit re assembly use and a Modification of Conditions re open air market at 1 1 13 Atlantic Avenue DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 6. KIM SMITH/FOURTEEN FORTY,LLC for a Conditional Use Permit re tattoo parlor at 1440 North Great Neck Road, Suite D DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 7. NOUREDDINE HOUSSNI/NEWTOWN THURSTON, LLC for a Conditional Use Permit re automotive repair garage at 5900 Thurston Avenue, Suite G DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. CHRISTOPHER J. OCAMPO/MARY HOLDEN for a Conditional Use Permit re automotive repair garage at 2505 Horse Pasture Road, Suite 101 DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 9. GREG MCMAKIN/MILLS COLLINS,LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN. RECOMMENDATION: APPROVAL 10. JOHN H. DAVIS for a Conditional Use Permit re short-term rental at 1434 Gannet Run DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. JOSHUA LIPPOLDT for a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. SCOTT & HEATHER KOEHLER fora Conditional Use Permit re short-term rental at 2513 Beaufort Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 13. ARMANDO & PATRICIA ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 14. Ordinances to AMEND Sections 233.1, 901, and 2003 of the City Zoning Ordinance(CZO)re eating and drinking establishments with drive-through facilities in the B4-K Historic Kempsville district (Requested by Council Member Abbott) RECOMMENDATION: APPROVAL N. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. 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 pmcgraw@vbgov.com or call 385-4303. 01/15/2020 pm MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 2:00 PM A. CITIZEN SATISFACTION SURVEY RESULTS Peter McGuinness, President—Issues and Answers Network, Inc. Loretta Alsop, Manager, Market Analytics—Issues and Answers Network, Inc. B. VIRGINIA BEACH AND NORFOLK JOINT LAND USE STUDY Ben McFarlane, Senior Regional Planner—Hampton Roads Planning District Commission C. MINORITY BUSINESS COUNCIL ANNUAL REPORT Sheila Johnson, Chair—Minority Business Council II. CITY MANAGER'S BRIEFING A. DISPARITY STUDY UPDATE Alice Kelly, Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Dr. Kenneth R. Pruitt King's Grant Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION January 6, 2020 2. INFORMAL and FORMAL SESSIONS January 7, 2020 G. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORY OF JENNIFER ANNE BUDY MOORE 2. RESOLUTION IN MEMORY OF JACK DYE 3. PROCLAMATION HUMAN TRAFFICKING AWARENESS MONTH Naomi Estaris egY h,�J;Y � ,44 t G1N1''BE4c e Op OUR ROC. RESOLUTION WHEREAS: Jennifer "Jen"Anne Budy Moore was a native of Virginia Beach since age 3 and graduated from Old Dominion University;and WHEREAS: Following in the 'Budy Family footsteps",whose members have collectively given 100 years of service to the City as both volunteer and career members of EMS,Jen served nearly 23 years with the City's EMS;and WHEREAS: Jen was an administrative member of the Kempsville Volunteer Rescue Squad from 1995 to 2011, and member of Citywide Volunteer Support Services Team from 2005 until her passing in 2019;and WHEREAS: Jen was part of the group that founded the Volunteer Support Services Team and designed the team's patch,served as the official timekeeper for volunteer hours and designed the support member orientation class;and WHEREAS: Jen was instrumental in creating EMS training materials, including writing the EMT Recruit Academies workshop notebook and Student Handbook;and WHEREAS: Jen dedicated her time to proctoring new EMT recruits at the Training Center alongside her mother Kathy, including answering student questions and peer to peer practice sessions;and WHEREAS: Jen ensured scenarios and material for the initial accreditation process were accurate and up to date;and WHEREAS: Jen helped design various trainings such as the Patient Class, AVPU, Rapid Extrication,Helmet Removal,4 Person Log Roll Onto A Backboard,and KED;and NOW THEREFORE,BE IT RESOLVED: that the City Council of the City of Virginia Beach, Virginia, hereby recognizes the dedication, leadership and commitment to the City and its EMS Division that Jennifer Anne Budy Moore displayed for nearly 23 years. BE IT FURTHER RESOLVED: That the City Council hereby honors the memory of Jennifer Anne Budy Moore and extends condolences to her family,friends and loved ones. Given under our hands this 21th day of January,2020. 4 ' C. • Council 9t— P.A66ott Coun 'Me16 MichaelE.Berlucchi CouncilMem5er Barbara M.?le 11. �� Council Mem6erL.1 is'R Jones ouncilMem erJohn ci).Moss ounci(MemferAaron R.4W,use % /d SILL Cou 'Mem6 guy X Tower CouncilMem6 semary'N4fson Council Mem6erSa6rina(D.Wooten L .I ifirpi.rJames L Wood 7 MayorMert ."Bogy' er 01A•B 0 e`OUR NPT0' RESOLUTION WHEREAS: Jack Dye was an outstanding citizen who dedicated his life to the service of his country and community serving multiple tours in Vietnam;and WHEREAS: Jack served 44 continuous years as a member of the Virginia Beach Volunteer Rescue Squad and is recognized as a Life Member;and WHEREAS: Under his leadership as Captain of the Virginia Beach Volunteer Rescue Squad Competition Team, the team won three(3)International Basic Life Support competitions,several Virginia Association of Volunteer Rescue Squads Basic Life Support district competitions, and Virginia Volunteer Association of Volunteer Rescue Squads Basic Life Support state competitions;and WHEREAS: Jack was Captain of the Virginia Beach Volunteer Rescue Squad's Honor Guard for over 15 years;and WHEREAS: Jack was a certified Virginia Emergency Medical Technician and instructor, and proctored students at the Department of Emergency Medical Services Training Center;and WHEREAS: Jack was a member of the Virginia Beach EMS Support Services Team;and WHEREAS: During his service he received many awards and recognitions including multiple Class Act Awards, Tidewater Emergency Medical Services Regional Outstanding BLS Provider of the Year Award 1997,and EMT of the Year by VFW Post 392 in 2003;and WHEREAS: Jack trained thousands over his lifetime of service and his legacy of helping others will live on;and NOW THEREFORE,BE IT RESOLVED: that the City Council of the City of Virginia Beach, Virginia, hereby recognizes the dedication, leadership and commitment to the City and its EMS Division that Jack Dye displayed for 44 years. BE IT FURTHER RESOLVED: That the City Council hereby honors the memory of Jack Dye and extends condolences to his family,friends and loved ones. Given under our hands this 21th day of January,2020. 4q".0 ace_c_ . Wv Council.Mem6erJessica P.A66ott Counci em ickaef 4F.Berfuccki CouncilMem6erBar6ara M.He Vie Coun TMemferLo R.Jones uncif9emferJokn(D.Moss Council ember Aaron I?,4jouse Councif9em6er Guy 1X Tower Council Mem6 semary`Parson Council'1em6erSa rina(D.Wooten Nt joidiv 'Vice iv 7,mes L Wool Mayor 1jg6ert M Bo66y"Dyer { v 5 t 4 ovR NP1l�� Ptortarmittton `Whereas Xuman trafficking is a form of modern day slavery where people profit from the control and exploitation of others. 'This includes sex trafficking,forced labor and domestic servitude;and Whereas 7fuman trafficking erodes personal dignity and destroys the moral fabric of society. It is an affront to humanity that tragically reaches all parts of the world including .7hampton(Roads and Virginia(Beach. cPeople of every age,gender, race, religion, aruf nationality are devastated by this grave offense;and Whereas 'Even though awareness of this cnnte is growing, human trafficking continues to go unreported due to its isolating nature, the misunderstanding of its definition,and the lackof awareness about its indicators;and 'Whereas: Increased community education on how to ident/ victims of human trafficking along with increased knowledge of local resources and services for those affected by these criminal actions can help restore freedom and dignity to identified survivors,as well as help diminish the number offuture victims;and Whereas Naomi Estaris is a longtime advocate, community leader against human trafficking and the organizer of Enjewel(Equality and JustiCe for Every'Woman Every Land). EnJewel is a non-profit organization that was created to eradicate human trafficking focally and globally. Naomi collaborates with local leaders to engage the community by providing education regarding possible targets of human trafficking as well as empowering victims, individuals and local businesses to work together towards eliminating human trafficking within our community;and Whereas: ,During National Slavery and}fuman Trafficking Prevention lionth, we reaffirm our unwavering commitment to raise awareness of and workto eradicate this horrific injustice. Now'Therefore,I Men 962.Dyer,,ilayorof the City of'Virginia,Beach,Virginia,do hereby proclaim: January 2020 Wationa(Slavery and%'fuman Traffu ng(Prevention 9Konth In'Virginia Beach,and encourage all citizens to become more informed on this growing problem, to be vigilant and report suspicious activity,and to worktowards solutions to end trafficking in all its forms in our community. In Witness Whereof I have hereunto set my hand aril caused the Official-Seat of the City of Virginia ,Beach,'Virginia, to 6e of Lied this Twenty-'first Day of January,Two Thousand and Twenty. Robert M. "Bobby"Dyer ;Llayor H. BID OPENING 1. NON-EXCLUSIVE FRANCHISE USE \II 0�+ 44,,,-scFb"a', tw REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE FOR THE USE OF CffY RIGHTS-OF-WAY The City of Virginia Beach has received a proposal for a non- exclusive franchise to use and occupy the City's streets and public rights-of-way for the purpose of owning,installing,and maintaining network facilities for wireless telecommunications services within the City.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 franchise agreement, may be obtained by calling the City Attorney's Office at (757)385-8896. 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 Chambers, City Hall - Bldg. 1, Municipal Center,Virginia Beach, Virginia on January 21, 2020 at 6:00 p.m.,and after reading of the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY,JANUARY 17, 2020,AT 5:00 P.M. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call 1-800.828-1120(Virginia Relay- Telephone Device for the Deaf). All interested parties are invited to attend Amanda Barnes,MMC City Clerk Beacon: 1/5/20 and 1/12/20 I. PUBLIC COMMENT 1. Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts f> ) (t r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Oppose HB 152 and Any Similar Bill that Negates or Limits Single-Family Zoning Districts PUBLIC HEARING DATE: January 21, 2020 MEETING DATE: February 4, 2020 • Background: Local government is the elected government closest to the people, and local governments have constructively created and applied zoning classifications to balance competing uses and create high-quality livable communities. Single-family zoning is one of the zoning classifications that contributes to and makes for a high-quality of life in a community. Homeowners residing in a single-family zoned subdivision purchased their homes relying on the zoning classification provided by the governing body of the local government. The covenants made between local governments and single-family home owners should not be voided by the Commonwealth. House Bill 152 was pre-filed by Delegate Samirah. This bill would re-write local zoning codes to make a single-family residential use automatically include "middle housing." As defined in the bill, "middle housing" means two-family residential units, including duplexes, townhouses, cottages, and any similar structure. The bill allows localities to regulate the siting, design, and environmental standards of middle housing residential units, including setback requirements, "provided that the regulations do not, individually or cumulatively, discourage the development of all middle housing types permitted through unreasonably costs or delay." • Considerations: The attached resolution expresses the Council's opposition to HB 152. The resolution also expresses opposition to any other bill that negates or limits the ability of the Council to authorize single family zoning districts as a by-right use. • Public Information: Public information will be provided through the normal Council agenda process. Councilmember Moss shared this item with the City Council during Council's January 7, 2020 informal session, and a public hearing will be held on January 21, 2020. • Attachments: Resolution; House Bill 152. Requested by Mayor Dyer, Vice Mayor Wood and Councilmember Moss Requested by Mayor Dyer, Vice Mayor Wood and Councilmember Moss 1 A RESOLUTION TO OPPOSE HB 152 AND ANY SIMILAR 2 BILL THAT NEGATES OR LIMITS SINGLE-FAMILY ZONING 3 DISTRICTS 4 5 WHEREAS, local government is the elected government closest to the people; 6 7 WHEREAS, local governments have constructively created and applied zoning 8 classifications to balance competing uses and create high-quality livable communities; 9 10 WHEREAS, single-family zoning is one of the zoning classifications that 11 contributes to and makes for a high-quality of life in a community; 12 13 WHEREAS, homeowners residing in a single-family zoned subdivision purchased 14 their homes relying on the zoning classification provided by the governing body of the 15 local government; and 16 17 WHEREAS, covenants made between local governments and single-family home 18 owners should not be voided by the Commonwealth. 19 20 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Council hereby expresses its opposition to House Bill 152 or like Senate 24 or House bills that negate or otherwise supersede single-family zoning districts by 25 establishing a by-right use to construct two or more dwelling units where only one dwelling 26 unit is currently allowed by a locality's existing zoning ordinances. 27 28 BE IT FURTHER RESOLVED, THAT: 29 30 The City Council hereby directs this resolution be circulated to the local delegation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14978 R-2 January 8, 2020 2020 SESSION INTRODUCED 20104474D 1 HOUSE BILL NO. 152 �..I 2 Offered January 8,2020 3 Prefiled December 18,2019 4 A BILL to amend the Code of Virginia by adding a section numbered 15.2-2292.2, relating to zoning; H 5 two-family development on single-family lots. 6 Patron—Samirah 0 7 8 Committee Referral Pending 9 10 Be it enacted by the General Assembly of Virginia: 11 1. That the Code of Virginia is amended by adding a section numbered 15.2-2292.2 as follows: ^ 12 §15.2-2292.2. Two-family development allowed on lots zoned for single-family use. (I) 13 All localities adopting a zoning ordinance under the provisions of this article shall allow trJ 14 development or redevelopment of middle housing residential units upon each lot zoned for single-family 15 residential use. For purposes of this section, "middle housing" means a two-family residential unit, el 16 including duplexes, townhouses, cottages, and any similar structure by whatever name it may be known. 17 Such structures shall not require a special use permit or be subjected to any other local requirements 18 beyond those imposed upon other authorized residential uses. Localities may regulate the siting, design, 19 and environmental standards of middle housing residential units, including setback requirements, 20 provided that the regulations do not, individually or cumulatively, discourage the development of all 21 middle housing types permitted through unreasonable costs or delay. Nothing in this section shall 22 prohibit local governments from permitting (i) single-family dwellings in areas zoned to allow for 23 single-family dwellings, or (ii) middle housing in areas not required under this section. Cd a, N J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE SQF, LLC 2. SALE OF EASEMENTS OVER CITY PROPERTY—Interfacility Traffic Area(ITA) a. 3340 North Landing Road b. 2801 Two Farms Lane Jr 5jy) NOTICE OF PUBLIC HEARING On January 21, 2020, at 6:00 p.m.,in the Council Chambers of the City Hall Building, 2401 Courthouse Dr., Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of SQF, LLC, a Delaware limited liability company, having its principal office at 16 Middle Street,4.'floor, Portland,ME 04101,to be granted a non-exclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of owning,installing,and maintaining network facilities for wireless telecommunications services within the City. If you are physically disabled or visually impaired and need assistance at this meeting or if you would like further information, including a copy of the proposed franchise, please call the City Clerk's Office at(757)385-4303. Hearing impaired,call TDD 711. All interested parties are invited to attend Amanda Barnes City Clerk Beacon:Sunday,January 12, 2020 Qtu•ar,,e II 0 iii, of''E LFe PUBLIC HEARING DECLARATION AND SALE OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of restrictive easements to the United States Navy over City- owned properties in the Interfacility Traffic Area (ITA), Tuesday, January 21, 2020 at 6:00 p.m., in the Council Chambers of the City Hall Building (Building #1) Municipal Center, Virginia Beach, Virginia. The properties to be subject to the easement are (by location, approximate size, former owner, GPIN: 3340 North Landing Road (0.441±acres),acquired from Stanford E. Mosley, Jr. and Victoria Yvette Mosley, GPIN: 1483-98-4334 2801 Two Farms Lane(3.00± acres), acquired from Pamela B.King,GPIN:1483-99-5578 This hearing will be to obtain public input to determine whether these easements restricting uses should be declared"excess of the City's needs." If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303;Hearing Impaired,call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Municipal Building #23, Room 100, (757) 385-4161. All interested parties are invited to attend Amanda Barnes City Clerk Beacon: January 12, 2020 K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES 1. Ordinance to GRANT a Non-Exclusive Franchise Agreement to SQF, LLC re install, maintain, and operate Telecommunication Facilities in the public streets and rights-of-way 2. Ordinance to DECLARE Excess Restrictive Easements over City Property located at 3340 North Landing Road and 2801 Two Farms Lane in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America 3. Ordinance to ADD Section 6-2.1 to the City Code re prohibit tents, shelters, or structures on the beach between 8:00 P.M.—8:00 A.M. (Deferred from December 10, 2019) 4. Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes (Deferred from December 10, 2019): a. DC Art Institute of Virginia Beach, LLC b. DC South University of Virginia, LLC c. In Home Health, LLC 5. Ordinance to ACCEPT and APPROPRIATE $125,000 from the Virginia Tourism Authority to the FY2019-20 Economic Development Operating Budget and AUTHORIZE a$125,000 Grant to the Virginia Sports Hall of Fame re promote tourism in Hampton Roads i 1``w`v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Non-exclusive Franchise to Install, Maintain and Operate Telecommunications Facilities in the Public Streets and Rights-of-Way of the City to SQF, LLC MEETING DATE: January 21, 2020 • Background: SQF, LLC ("SQF"), a Delaware limited liability company, has requested a franchise to use the City's streets and rights-of-way to install, maintain and operate its facilities. • Considerations: The ordinance grants SQF a non-exclusive 10-year franchise, with three additional 5-year options to renew as agreed to by the City, not to exceed 25 years. Such franchise and renewals shall comply with the terms and conditions set forth in the attached Summary of Terms. • Public Information: An advertisement inviting additional bids was published in The Virginian-Pilot on 1/5/20 and 1/12/20 in accordance with Virginia Code Section 15.2-2101 . The public hearing was advertised on 1/12/20 as required by Virginia Code Section 15.2-1813. The public hearing will be held on January 21, 2020. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Adoption of Ordinance Submitting Department: Information Technology Department City Manager: 7 1 L . 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE WIRELESS TELECOMMUNICATIONS 4 FACILITIES IN THE PUBLIC STREETS AND 5 RIGHTS-OF-WAY OF THE CITY TO SQF, LLC 6 7 WHEREAS, SQF, LLC ("SQF"), having its principal office at 16 Middle Street, 4th 8 Floor, Portland, ME 04101, desires to use and occupy the City's streets and public 9 rights-of-way for the purposes of installing, maintaining, and operating network facilities 10 for wireless telecommunications services within and through the City; and 11 12 WHEREAS, the City is agreeable to allowing SQF to use the City's public streets 13 and rights-of-way for the aforesaid purposes, subject to the terms and conditions set 14 forth in the summary of terms attached hereto as Exhibit A and made a part hereof (the 15 "Summary of Terms"). 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the City Council hereby authorizes the City Manager to execute a non- 21 exclusive franchise agreement with SQF for an initial term of ten (10) years, with three 22 (3) additional five (5) year options to renew, not to exceed a total of twenty-five (25) 23 years, in accordance with the Summary of Terms, and such other terms, conditions or 24 modifications, as may be acceptable to the City Manager and in a form deemed 25 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -- / i6204417Y) INFO MATION TECHNOLOGY CITY ATTORNEY'S OFFI j CA14667 January 8, 2020 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d022\p036\00604857.docx EXHIBIT A SQF, LLC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and SQF, LLC ("SQF") Term: Initial term of ten (10) years, with three (3) additional renewal terms of five (5) years each. Fee: No fee for acquiring and maintaining existing wireless telecommunications infrastructure; $1000 one-time fee for installation of each new wireless support structure; co- location of any small cell facility is subject to maximum fee allowed under Va. Code §56-484.29.B, as amended or pre- empted by federal law. Location: SQF may maintain the facilities it currently owns or hereinafter acquires or installs in the public rights-of-way. Any new facility installation must be approved by City and properly permitted. Relocation: SQF is solely responsible for paying the cost of removal or relocation of its facilities if a public project necessitates their removal or relocation. Termination: SQF must remove its facilities upon termination of the franchise or City may allow facilities to remain in place and take ownership. Insurance: Commercial General Liability (min. $2 million); Automobile Liability (min. $1 million); Pollution Liability Insurance ($1 million). Alternatively, may have $5 million umbrella coverage. Surety: $75,000 surety bond ems _ Virginia Beach APPLICANT'S NAME SQF, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board f The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DA1 E • NO CHANGES AS OF DATE. • REVISIONS SUBMITTED DATE: - Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1^I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: SQF, LLC If an LLC, list all member's names: SQF Holdco, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) n/a (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Tilson Technology Management, Inc. See next page for information pertaining to footnotes"' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 b SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return n Architect / Landscape Architect / I/ I Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s) and purchaser's service providers) XConstruction Contractors nEngineers / Surveyors/ Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / u Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 rs ``` .=a r r , xw .. :-- a-s�- -_.- '� ,_,,,::::::„A;,:..:,:,,jt_,,,,,::::z,.e::":-lt-:Lpttr,:::k::::,:„:::*.. ,,.,,8z-,,,,..,--,,,,,,it.,..v-,,,,,..,,...:_.-, ,,jv-,,,f ,„,.__----- It _ g Virginia Beach v N. 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 's provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. f�," Maureen Hopkins 10/3/19 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Or? OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I n Accounting and/or preparer of I 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 nEngineers / 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 n I an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 , c Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 r,gN c fu' ` 4t,` ,r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City-owned properties located at 3340 North Landing Road (GPIN: 1483-98-4334) and 2801 Two Farms Lane (GPIN: 1483-99-5578) in the Interfacility Traffic Area to be excess property interests and authorizing the City Manager to convey same to the United States of America MEETING DATE: January 21, 2020 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA (later extended to the Rural AICUZ Area), and the Navy would pay to the City 100% of the appraised value of the Restrictive Easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1,955 acres for a total of $17,568,495 and in exchange for the Marshview property. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase easements over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size in GPIN Former Owner City's Cost Purchase Funds to Be Acres to Price from Returned to (approx.) Acquire Navy for Commonwealth Easement 1 3340 North Landing 0.441 1483-98-4334 Mosley, Jr. $230,000 $115,000 $0 Road 2 2801 Two Farms 3.00 1483-99-5578 King $445,000 $222,500 $0 Lane TOTAL 3.441 $675,000 $337,500 $0 • Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, ORD-3333U, and ORD-3053C, the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easements to be conveyed over the property identified on the table shown herein would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easements would recoup for the City up to 50% of the purchase price paid for these ITA acquisitions, for a total sales price of$337,500. ■ Public Information: Publication via the normal process for the City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The proceeds from the sale of the Restrictive Easements over both properties in the total amount of $337,500 will be received and deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II. Reimbursement to the Commonwealth is not required as these properties were purchased solely with City funds. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate 41{ City Manager: 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES LOCATED AT 3340 NORTH 3 LANDING ROAD (GPIN: 1483-98-4334) AND 2801 TWO FARMS 4 LANE (GPIN: 1483-99-5578) IN THE INTERFACILITY TRAFFIC 5 AREA TO BE EXCESS PROPERTY INTERESTS AND 6 AUTHORIZING THE CITY MANAGER TO CONVEY SAME TO 7 THE UNITED STATES OF AMERICA 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 10 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 11 Virginia, which properties are identified as follows (collectively, the "Properties"): 12 13 1. 3340 North Landing Road (0.441± acres), acquired from Stanford E. 14 Mosley, Jr. and Victoria Yvette Mosley, GPIN: 1483-98-4334 15 16 2. 2801 Two Farms Lane (3.00± acres), acquired from Pamela B. King, 17 GPIN: 1483-99-5578 18 19 WHEREAS, on September 27, 2007, the City and the United States of 20 America, Department of the Navy (the "Navy") entered into an agreement (the 21 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 22 incompatible development; 23 24 WHEREAS, the terms and provisions of the Encroachment Partnering 25 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 26 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 27 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 28 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 29 property the City acquired; 30 31 WHEREAS, the City acquired the Properties pursuant to the ITA 32 Acquisition Program, an element of the City's BRAC response program; 33 34 WHEREAS, the City funded the acquisition of the Properties solely with 35 City funds; and 36 37 WHEREAS, the City Council of the City of Virginia Beach finds that the 38 Restrictive Easements over the Properties are in excess of the City's needs and finds 39 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 40 Encroachment Partnering Agreement, as amended, will allow the City to recover a 41 portion of the funds paid for the Properties. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 46 1. That Restrictive Easements over the Properties identified above are 47 hereby declared to be in excess of the needs of the City of Virginia Beach; 48 49 2. That the City Manager is hereby authorized to execute any documents 5o necessary to convey the Restrictive Easements to the Navy, in substantial conformity 51 with the terms and provisions of the Encroachment Partnering Agreement dated 52 September 27, 2007, as it has been or may be amended, and such other terms, 53 conditions or modifications as are deemed necessary and sufficient by the City Manager 54 and in a form deemed satisfactory by the City Attorney; and 55 56 3. That revenue from the sale of the Restrictive Easements over both 57 properties in the total amount of $337,500 will be received and deposited for 58 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 59 and Interfacility Traffic Area Conformity and Acquisition II. 60 61 This ordinance shall be effective from the date of its adoption. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 64 day of , 2020. R-1 1/7/2020 CA14668 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d011\p032\00590284.doc APPROVED AS TO CONTENT APPROVED AS TO,CONTENT Public Works/Real Estate Budget & anagemen Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney'se EXHIBIT A TO GRANT OF EASEMENT TABLE 1 -AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from Y Y fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refming and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade- building materials, hardware and farm Y Y equipment Retail trade- general merchandise Y Y Retail trade- food Y Y Retail trade- automotive, marine craft, aircraft and Y Y accessories Retail trade- apparel and accessories Y Y Services Retail trade- furniture, home,furnishings and equipment Y Y Retail trade- eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. a M W 5 Z O) 01 Q 00 `� S J a F— Z 00 h. WN 2 Lo 2H � LC) o M VW iir � rn �' et Q20ML M OW � � o Oce Q H � zW � z r dUJ WWcooa LU a 411. i��► Z Z oo 0 I■■A■%%%%► O Q 1��7%%%%►7■i%%%%%► H O cl o a ��%%%%%■%%%%► V a 0 Q CM o 0 ■11\%■%% a 111111111111111111111111111111111111111111111. ZO � Z 11111111111111111111111111111111111111.1111r %%%%%%%■ %%%%%%� 0 ce Immoinmem m%%immumu ur a Q Z \■■%%% lar F_ J d A %% mm. U Z C7 ,•ii, a` vo o co) 0 C M X 4•s� � o a) o0 ` _ N V o O m CO 0 p m o N. u >+ y� �'� ce ► to ni o. 0 t i W • H � N Q. r M N. W _0 y r• �� • M to d s 'O c 0 I- Z w 2 <:; pp a rn m a N M M } iliM w 13 vco U Z V a C Q ��° � J 9P J aco a` l ,...,:�'w-y'7 l CITY OF VIRGINIA BEACH AGENDA ITEM ,I ITEM: An Ordinance to Add Section 6-2.1 to the City Code to Prohibit Tents on the Beach at Night MEETING DATE: January 21, 2020 • Background: This ordinance aims to address the concerns of citizens that have contacted the City about tents erected overnight on City beaches. The Police Department requested this ordinance to assist in maintaining safety and order on City beaches overnight. Currently, two provisions in the City Code address similar issues: Section 6-2 prohibits obstructing the beach from public use at all times of the day; and City Code Section 6-4 prohibits any person from sleeping on the beach at night (between 8 p.m. and 8 a.m.). This ordinance adds a new provision to prohibit tents, shelters, and other structures from being erected at night. This item was deferred by Council at the December 10, 2019 meeting to the January 21, 2020 meeting. • Considerations: At the December 10, 2019 meeting, the Council and multiple speakers expressed concern that the ordinance as then presented classified the offense as a Class 2 misdemeanor, which carried a maximum sentence of up to six months in jail. In light of these concerns, the proposed ordinance has been amended to make a violation a Class 4 misdemeanor, punishable by a fine of not more than $250.00. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department 4 City Manager: 1 AN ORDINANCE TO ADD SECTION 6-2.1 TO 2 THE CITY CODE TO PROHIBIT TENTS ON 3 THE BEACH AT NIGHT 4 5 SECTION ADDED: § 6-2.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 6-2.1 is hereby added to the Code of the City of Virginia Beach and 11 ordained to read as follows: 12 13 Sec. 6-2.1. — Tents, shelters, or structures on beach. 14 15 It shall be unlawful for any person to erect, maintain, use, or occupy on any beach 16 any tent, shelter, or structure of any kind between the hours of 8:00 p.m. and 8:00 a.m. 17 unless authorized by a valid permit issued pursuant to Sections 4-1 or 24-6. 18 19 20 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21 day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City ttorney's 0 ice CA14955 R-2 January 14, 2020 [ V \1:tA- 1'y C ,r6,:.,,,,, , ,.„.ti„ w, ,,N---- iy 4 ,.., .z.., ,...; CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate DC Art Institute of Virginia Beach, LLC, DC South University of Virginia, LLC, and In Home Health, LLC, as Being Exempt from Local Property Taxation MEETING DATE: January 21, 2020 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). These three applications were deferred on December 10, 2019. After that meeting, the Commissioner sent a correspondence to the three applicants informing each of the deferral and offered the opportunity to provide additional information including updated 990s, updated salary information, and an opportunity to provide a narrative stating the public benefit provided by the organization. The Commissioner requested such supplemental information be provided by January 10, 2020, and as of that date, the applicants have not elected to provide additional information. • Considerations: These three applications for exemption by designation have been found by Commissioner of the Revenue to meet the City Council policy for Tax Exemption by Designation. All three are single member limited liability companies that are owned by 501(c)(3) entities. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items was held on December 3, 2019, during the Council Formal Session. A total of 19 exemptions were discussed by the Council at its Formal Session on December 10, 2019. This item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (3); Commissioner of Revenue Summary of the Applications (3); Disclosure Forms (3); Council Policy Recommended Action: Approval of Ordinances Submitting Department/Agency: Commissioner of the Revenue' City Manager: (. 1 AN ORDINANCE TO DESIGNATE IN HOME HEALTH, LLC, 2 AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to In Home Health, LLC; 8 9 WHEREAS, In Home Health, LLC, is a single member limited liability company whose 10 sole member is HCR ManorCare, Inc, a nonprofit organization and wholly owned subsidiary of 11 ProMedica Health Systems, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates In Home 17 Health, LLC a charitable organization within the context of § 6(a)(6) of Article X of the 18 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by In Home Health, LLC located within the 21 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 22 hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by In Home Health, LLC for exclusively charitable 27 purposes; 28 29 (b) that each July 1, In Home Health, LLC shall file with the Commissioner of the 30 Revenue a copy of its most recent federal income tax return, or if no such return 31 is required, it shall certify its continuing tax exempt status to the Commissioner of 32 the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, In Home Health, LLC shall 35 file an exemption application with the Commissioner of the Revenue as a 36 requirement for retention of the exempt status of the property; and 37 38 (d)that In Home Health, LLC cooperate fully with the Commissioner of the Revenue 39 with respect to audit of its financial records and compliance with the terms of this 40 ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FFI Y: Commissioner of the Revenue City Att rney's Office CA14946/R-2/January 9, 2020 1 AN ORDINANCE TO DESIGNATE DC SOUTH UNIVERSITY 2 OF VIRGINIA, LLC, AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to DC South University of Virginia, LLC; 8 9 WHEREAS, DC South University of Virginia, LLC, is a single member limited liability 10 company whose sole member is Dream Center Education Holdings, LLC, a single member 11 limited liability whose sole member is Dream Center Foundation, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach,Virginia, hereby designates DC South 17 University of Virginia, LLC a charitable organization within the context of§6(a)(6)of Article X of 18 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by DC South University of Virginia, LLC 21 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by DC South University of Virginia, LLC for 27 exclusively charitable purposes; 28 29 (b) that each July 1, DC South University of Virginia, LLC shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, DC South University of 35 Virginia, LLC shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property;and 37 38 (d)that DC South University of Virginia, LLC cooperate fully with the Commissioner 39 of the Revenue with respect to audit of its financial records and compliance with 40 the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIEN Y: Commissioner of the Revenue —City ney s ffice CA14947/R-2/January 9, 2020 1 AN ORDINANCE TO DESIGNATE DC ART INSTITUTE OF 2 VIRGINIA BEACH, LLC, AS BEING EXEMPT FROM REAL 3 AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to DC Art Institute of Virginia Beach, LLC; 8 9 WHEREAS, DC Art Institute of Virginia Beach, LLC, is a single member limited liability 10 company whose sole member is Dream Center Education Holdings, LLC, a single member 11 limited liability whose sole member is Dream Center Foundation, Inc, a nonprofit organization; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 1. That the Council of the City of Virginia Beach, Virginia, hereby designates DC Art 17 Institute of Virginia Beach, LLC a charitable organization within the context of§6(a)(6)of Article 18 X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 19 20 2. That real and personal property owned by DC Art Institute of Virginia Beach, LLC 21 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 22 nonprofit basis is hereby exempt from local property taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by DC Art Institute of Virginia Beach, LLC for 27 exclusively charitable purposes; 28 29 (b) that each July 1, DC Art Institute of Virginia Beach, LLC shall file with the 30 Commissioner of the Revenue a copy of its most recent federal income tax 31 return, or if no such return is required, it shall certify its continuing tax exempt 32 status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2022, DC Art Institute of Virginia 35 Beach, LLC shall file an exemption application with the Commissioner of the 36 Revenue as a requirement for retention of the exempt status of the property; and 37 38 (d)that DC Art Institute of Virginia Beach, LLC cooperate fully with the Commissioner 39 of the Revenue with respect to audit of its financial records and compliance with 40 the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IENCY: Commissioner of the Revenue i orn y's ffice CA14937/R-2/January 9, 2020 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC Art Institute of Virginia Beach, LLC Website: www.artinstitutes.edu/virginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Art Institute of Virginia Beach, LLC is a private institute of learning offering bachelor degrees, associate degrees, diploma's and certificated in the field of applied arts. They offer courses in visual design, photography, culinary,fashion, and animation and effects. Student come to Art Institutes with a natural artistic ability, and our instructors help them strengthen those skills and guide their professional growth and maturity. Faculty and students are involved in numerous local events, and believe in giving back to the community by supporting various charitable events. Students and faculty have participated in events at the Food Bank, the Children's Hospital of the King's Daughters, the Gosport Arts Festival, the Virginia Opera, the Hispanic Chamber of Commerce, and the Judeo-Christian Outreach Center. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2,797,612 Tax: $44,761.79 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— October 26, 2010 D SCLOSU RE STATEMENT FiiRM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: /2-► .t.14.'srl, L-4zz� or .L '1-)'i SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include n lending/banking institutions and current mortgage holders as applicable) n Legal Services Broker/Contractor/Engineer/Other Service Providers yr-�w....uc_.-�.�--x=._v-:=-....;rrra-msy _.s=�.�x.^.:a'.v._-.:c��,..t...=:�•r=,=...=.:u�..,nm-ti-...rsn -. .:rr_..a-..�,r �..-nrr-r.-r�_Y_-:erg-��_.�_.� u CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. I • � gitacCkLO NA 3 • 2!-/ APPLICANTS SIGNATURE PRINT NAME DATE OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: DC South University of Virginia, LLC Website: www.southuniversity.edu/virginia-beach SUMMARY OF NONPROFIT BUSINESS ACTIVITY South University is a private academic institution dedicated to providing educational opportunities for the intellectual, social, and professional development of a diverse student population. To achieve this purpose,the institution offers focused and balanced curricula at the associate's, baccalaureate, master's and doctoral levels. A broad-based core curriculum is offered, promoting critical thinking, effective verbal and written communication, and skills for life-long learning.Additionally, the University focuses on developing the requisites to pursue and appreciate knowledge. They offer undergraduate,graduate, masters, and doctoral degrees. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $3,075,604 Tax: $49,209.66 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October 26, 2010 D SCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE rg 91 E d$f 4� name: so �,f N k►a 1v evLs T'j-y- v f- �!c-A-c,',-f cA.�t Pc.t s OSECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n 'jf Accounting and/or preparer of your tax return Financial Services (include n 74. lending/banking institutions and current mortgage holders as applicable) ntRjr Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: „ I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. • 1 --�1ika..c-rs 6RKrcr_01JA ?-z� -lS q APPLICANT' SIGNATURE PRINT NAME DATE OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: IN HOME HEALTH, LLC Website: https://www.heartlandhoivice.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY In Home Health, LLC maintains and operates hospice and home health care agencies. In addition it carries oh other activities to promote, sponsor, develop and operate programs and activities for the care and treatment of the sick, infirm, convalescent and aged. This company is a disregarded subsidiary of HCR ManorCare, Inc., a wholly owned subsidiary of ProMedica Health Systems. ProMedica Health Systems is a mission-based, not for profit integrated health care organization. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $98,001 Tax: $1,568.020 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 20, 2019 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: IN HOME HEALTH, LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return Financial Services (include E:1 lending/banking institutions and current mortgage holders as applicable) ❑ [ ] Legal Services ❑ 14 Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ILYNNE DAVIS 5/1/19 APPLiCA ATURE I PRINT NAME DATE Original Proposal frz:«tires y o S / z CityCouncil Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, Iocal nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However, as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the Property . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: • Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6, 2008 Page 2 ,of 4 • 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605,each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive 1 Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. • Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEHT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption, LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. i (1i ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $125,000 from the Virginia Tourism Authority to the Economic Development Department and to Authorize a Grant of$125,000 to the Virginia Sports Hall of Fame MEETING DATE: January 21, 2020 • Background: The Virginia Sports Hall of Fame (VSHF) Board of Directors has moved its operations from the City of Portsmouth to the City of Virginia Beach. The offices of the VSHF are located in approximately 2,000 square feet of space at 249 Central Park Avenue in the Virginia Beach Town Center. The VSHF has modified its mission and no longer operates as a museum but has reinvented its business model to be more of an interactive and digital experience. The new experiences will include the "Walk the Hall," a free pedestrian tour in Town Center, frequent public programs and a full integration of the VSHF into the fabric of the Central Business District through signage, a mobile application and lobby displays. • Considerations: This $125,000 grant is the third of a three-year commitment by the state through the Virginia Tourism Authority to the City of Virginia Beach for the Virginia Sports Hall of Fame. This grant will assist the VSHF in relocating their operations from Portsmouth to Virginia Beach. The funding for this project will be appropriated to the Economic Development Department and then issued as a grant to the VSHF. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement; Budget Extract (Item 126.E.1 of 2019 Acts of Assembly, c. 854). Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1 AN ORDINANCE TO APPROPRIATE $125,000 FROM 2 THE VIRGINIA TOURISM AUTHORITY TO THE 3 ECONOMIC DEVELOPMENT DEPARTMENT AND TO 4 AUTHORIZE A GRANT OF $125,000 TO THE VIRGINIA 5 SPORTS HALL OF FAME 6 7 WHEREAS, Item 126.E.1 of the 2018-2020 Biennial Budget, included $125,000 8 from the Virginia Tourism Authority to the City of Virginia Beach for a "regional tourism 9 entity;" 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA, THAT: 13 14 1) $125,000 is hereby accepted from the Virginia Tourism Authority and 15 appropriated, with state revenue increased accordingly, to the FY2019-20 16 Operating Budget of the Department of Economic Development; and 17 18 2) A grant of $125,000 is hereby authorized for the Virginia Sports Hall of Fame 19 in furtherance of the Hall of Fame's efforts to promote tourism in the Hampton 20 Roads Region. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Bud t and Management Services City Attorney's Office CA14980 R-1 January 9, 2020 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships In advance of any vote upon such application. SECTION I / APPLICANT DISCLOSURE Organization name: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of i(t/YG your tax return e �a vA Financial Services (include r"��.. 12( lending/banking institutions and 1 d'NhLt, -, current mortgage holders as applicable) , 8�`� ❑ Legal Services �Yt � v�t U Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: —_ I certify that all of the information contained in this Disclosure Statement Farm is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. L )ey` �l tt a.m. ►Ecal •L'r• o► 13 2-mo APPLICAN r'S SIGNATURE PRINT NAME D�TE 128 Item Details($) Appropriations($) ITEM 126. First Year Second Year First Year Second Year FY2019 FY2020 FY2019 FY2020 Authority:Title 2.2,Chapter 22,Article 8,Code of Virginia. A.1. The Department of Transportation shall pay to the Virginia Tourism Authority $1,200,000 each year for continued operation of the Welcome Centers.The Department of Transportation shall fund maintenance at each facility based on the agreed-upon service levels contained in the Memorandum of Agreement between the Virginia Tourism Authority and the Department of Transportation.Included in the amounts in this paragraph is$100,000 each year for maintenance of the Danville Welcome Center. 2.To the extent necessary to fund the operations of the Welcome Centers, the Virginia Tourism Authority is authorized to collect fees paid by businesses for display space at the Welcome Centers. B.Upon authorization of the Governor,the Virginia Tourism Authority may transfer funds appropriated to it by this act to a nonstock corporation. C.Prior to July 1 of each fiscal year,the Virginia Tourism Authority shall provide to the Chairmen of the House Appropriations and Senate Finance Committees and the Director, Department of Planning and Budget a report of its operating plan.Prior to September 1 of each fiscal year,the authority shall provide to the Chairmen of the House Appropriations and Senate Finance Committees and the Director,Department of Planning and Budget a detailed expenditure report and a listing of the salaries and bonuses for all authority employees for the prior fiscal year.All three reports shall be prepared in the formats as previously approved by the Department of Planning and Budget. D.The State Comptroller shall disburse the first and second year appropriations in twelve equal monthly installments.The Director,Department of Planning and Budget may authorize an increase in disbursements for any month,not to exceed the total appropriation for the fiscal year,if such an advance is necessary to meet payment obligations. E.1.Out of the amounts in this Item,$2,475,000 the first year and$2-,475,000$2,875,000 the second year from the general fund is provided for grants to regional and local tourism authorities and other tourism entities to support their efforts.From the grants provided from the amounts included in this paragraph,priority consideration shall be given to funding for the Daniel Boone Visitor Center,as well as$100,000 the first year and$l•99;000$200,000 the second year to the Coalfield Regional Tourism Authority,and$50,000 the first year and $50,000 the second year for events sponsored by Special Olympics Virginia,$550,000 the first year and$5$0;000$850,000 the second year to the Southwest Virginia Regional Recreation Authority for the Spearhead Trails initiative, and $125,000 the first year and $125,000 the second year to the City of Virginia Beach for a regional tourism entity. 2. Out of the amounts in this paragraph provided for the Southwest Virginia Regional Recreation Authority,up to$25,000 the second year from the general fund,shall be provided to establish a peer-support program for Virginia veterans in partnership with the Spearhead Trails initiative. The Virginia Department of Behavioral Health and Developmental Services and the Virginia Department of Veterans Services shall provide assistance in establishing such program upon the request of the board of the Southwest Regional Recreation Authority. F.The Virginia Tourism Authority shall place a high priority on marketing rural areas of the state. G.Out of the amounts in this Item,$3,100,000 in the first year and$3,100,000 in the second year from the general fund is provided to supplement appropriations to promote Virginia's tourism industries through an enhanced advertising campaign. Of these amounts,at least $1,000,000 the first year and $1,000,000 the second year shall be used to support a cooperative advertising program to partner with private sector tourism businesses and regional tourism entities to advertise Virginia as a tourism destination.The state dollars shall be used to incentivize private and regional tourism marketing funds on a$1.00 for $1.00 basis whereby the Virginia Tourism Corporation shall enter into agreements to undertake joint advertising purchases to promote Virginia and specific facilities with private sector and regional partners. H.Out of the amounts in this Item,$330,012 the first year and$330,012 the second year from the general fund is provided to promote and advertise tourism in Virginia.These amounts M. PLANNING 1. OCEAN RENTAL PROPERTIES, LLC for a Variance to Section 4.4(a,d) of the Subdivision Regulations re access to a public street and lot width at 5568 Shell Road DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 2. HANNAH & HAMILTON GUBANC for a Street Closure re 2,176 square foot portion of an unimproved right-of-way adjacent to 770 Woodstock Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. VAB 23rd STREET, LLC for a Special Exception of Alternative Compliance to the Oceanfront Resort District Form-Based Code re commercial parking lot at 305, 309, and 311 23`d Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. BAILLIO SAND COMPANY, INC./ROBERT W. WHITE JR. & ROBERT W. WHITE SR. FAMILY TRUST for a Modification of Conditions re borrow pit at the West side of Princess Anne Lane and Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. BACK BAY WILDFOWL GUILD T/A ATLANTIC WILDFOWL HERITAGE MUSEUM/CITY OF VIRGINIA BEACH for a Conditional Use Permit re assembly use and a Modification of Conditions re open air market at 1113 Atlantic Avenue DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 6. KIM SMITH/FOURTEEN FORTY, LLC for a Conditional Use Permit re tattoo parlor at 1440 North Great Neck Road, Suite D DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 7. NOUREDDINE HOUSSNI/NEWTOWN THURSTON, LLC for a Conditional Use Permit re automotive repair garage at 5900 Thurston Avenue, Suite G DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. CHRISTOPHER J. OCAMPO/MARY HOLDEN for a Conditional Use Permit re automotive repair garage at 2505 Horse Pasture Road, Suite 101 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 9. GREG MCMAKIN/MILLS COLLINS, LC for a Conditional Use Permit re bulk storage yard at 4145 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN. RECOMMENDATION: APPROVAL 10. JOHN H. DAVIS for a Conditional Use Permit re short-term rental at 1434 Gannet Run DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. JOSHUA LIPPOLDT for a Conditional Use Permit re short-term rental at 2508 Mediterranean Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. SCOTT & HEATHER KOEHLER for a Conditional Use Permit re short-term rental at 2513 Beaufort Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 13. ARMANDO & PATRICIA ELLIS for a Conditional Use Permit re short-term rental at 901 Park Landing Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 14. Ordinances to AMEND Sections 233.1, 901, and 2003 of the City Zoning Ordinance (CZO) re eating and drinking establishments with drive-through facilities in the B4-K Historic Kempsville district (Requested by Council Member Abbott) RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the Crty of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia,on Tuesday, January 21,2020 at 6:00 p.m.,at which time the following applications will be heard: Kim Smith[Applicant]Fourteen Forty,LLC[Owner]Conditional Use Permit(Tattoo Parlor)1440 N Great Neck Road,Suite D (GPIN 2408195434)COUNCIL DISTRICT-LYNNHAVEN Baillio Sand Company,Inc.[Applicant]Robert White Jr.&Robert White Sr. Family Trust [Owners] Modification of Conditions (Borrow Pit)West side of Princess Anne Lane,299 feet west of the intersection of Princess Anne Lane and Princess Anne Road (GPINs 2403875312 & 2403863665)COUNCIL DISTRICT - PRINCESS ANNE Hannah & Hamilton Gubanc [Applicants & Owners] Street Closure Adjacent to 770 Woodstock Road(GPIN 1456741919) COUNCIL DISTRICT-KEMPSVILLE VAB 23rd Street, LLC [Applicant & Owner] Alternative Compliance 305,309,311 23rd Street(GPINs 2427098247, 2427097188,&2427097214)COUNCIL DISTRICT-BEACH Noureddine Houssni[Applicant]Newtown Thurston,LLC[Owner] Conditional Use Permit (Automotive Repair Garage) 5900 Thurston Avenue, Suite G (GPIN 1459931541) COUNCIL DISTRICT-BAYSIDE Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum [Applicant]City of Virginia Beach[Owner]Conditional Use Permit (Assembly Use) Modification of Conditions(Open Air Market) 1113 Atlantic Avenue(GPINs 2427255317&2427255322) COUNCIL DISTRICT-BEACH Christopher J. Ocampo [Applicant] Mary Holden [Owner] Conditional Use Permit(Automotive Repair Garage)2505 Horse Pasture Road, Suite 101 (GPIN 1495857045) COUNCIL DISTRICT-ROSE HALL Ocean Rental Properties,LLC[Applicant&Owner]Subdivision Variance(Section 4.4(d)of the Subdivision Regulations)5568 Shell Road (GPIN 1469311163) COUNCIL DISTRICT - KEMPSVILLE Greg McMakin[Applicant)Mills Collins,LC[Owner]Conditional Use Permit(Bulk Storage Yard)4145 Virginia Beach Boulevard (GPIN 1487050053)COUNCIL DISTRICT-LYNNHAVEN Scott Koehler[Applicant]Scott and Heather Koehler[Owners] Conditional Use Permit (Short-Term Rental) 2513 Beaufort Avenue(GPIN 1570428135)COUNCIL DISTRICT-BAYSIDE Armando&Patricia Ellis[Applicants&Owners]Conditional Use Permit (Short-Term Rental) 901 Park Landing Court (GRIN 1475528133)COUNCIL DISTRICT-CENTERVILLE John H.Davis[Applicant&Owner]Conditional Use Permit(Short- Term Rental)1434 Gannet Run(GRIN 2417526621)COUNCIL DISTRICT-BEACH Joshua Lippoldt [Applicant& Owner) Conditional Use Permit (Short-Term Rental) 2508 Mediterranean Avenue (GPIN 2417991703)COUNCIL DISTRICT-BEACH CITY OF VIRGINIA BEACH -An ordinance to amend sections 233.1, 901, and 2003 pertaining to eating and drinking establishments in the 64-K Historic Kempsville zoning district. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/pc. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385.43(13; Hearing impaired call 711 (Virginia Relay - Telephone Device for the Deaf). BEACON:JANUARY 5&12,2020-1 TIME EACH. 1..........................180..........---- — 1 - , -----------1._ ', Ull) \-1\ 1 Downs Lane c.: , ( ---1 Li ___L: \ -_• - / -, 1 z 1 0 L11.\ . IV - r-- 1 1 i C I I LC) 7-1 I --- 1i Li, 1 C3 1 Ell -— Llj Ce —.I 7-- -_ -------7 N itn 1 Ch W Ts I ill •- 1-, "---7 :-N--C l'I 'r\%\\\s 0 L.\\\\\\\\\\ 1 aii:11. .,mkt?. 11144414.. \ 1 1 I \al,''' * , ., . . ci Le00 3 I. a_ 0 ,ilso\ N\ ; .c • _ - , - „,,,,o, ,,..,.., • (n c Co 1 i CD (1" I IX In in 1 c 1 ,1 I oz , a) 0 C.) (4 0 IZ CD 1 r_a Vi , , V ------ ---- 1 I 4) 13) --J ,-- -.A "--,, ...,.*** _________ _ I a) co scn .g) E 3.13 .1.3 r 9 3 _ 1 rS y��l -...ti,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(a,d) of the Subdivision Regulations), on property located at 5568 Shell Road (GPINs 1469311163) COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: January 21, 2020 • Background: The applicant proposes to subdivide the existing 22,000 square foot located at 5568 Shell Road into three lots. The subject parcel was created by deed in May 1944, prior to the establishment of the Princess Anne County Subdivision Ordinance (1953) and Zoning Ordinance (1954). At that time, properties could be subdivided without recording a plat with the Clerk of Court. Lot 1A proposed along Shell Road will meet all prescribed standards; however, Lots 1 B and 1C proposed along Duncan Lane, which is a private street, do not. They do not have access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, and therefore also cannot meet the minimum lot width requirement, as required by Section 4.4(a) of the Subdivision Regulations. As such, a Subdivision Variance is requested. Lot 1A will have 11 ,320 square feet, while Lots 1 B and 1 C will have 5,500 and 5,300 square feet respectively. • Considerations: The proposal will not be substantially detrimental to adjacent properties, and the character of the neighborhood will not be adversely affected should the Subdivision Variance be approved. Also, the request is consistent with the Comprehensive Plan's guiding principles that recommend the continued stability of stable neighborhoods as the proposal is not expected to adversely impact the existing infrastructure and is compatible with the existing residential uses immediately adjacent and in the vicinity. While two of the three proposed lots will be smaller than any existing lot on Duncan Lane, they do meet the minimum lot area of 5,000 square feet for single-family dwellings in the R-5D zoning district and the resulting layout is consistent with the pattern of development along Duncan Lane since the 1940's when the lots were originally platted. The site is located outside of the Special Flood Hazard Area and any necessary stormwater management for this single-family development would be minor and could be accommodated on-site based on the size of the lots. Ocean Rental Properties, LLC Page 2 of 3 Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one opposition speaker at the Planning Commission hearing who expressed concerns regarding the potential for a negative impact to adjacent properties and a lack of sufficient hardship. A second speaker expressed concerns about loss of privacy but supports the application given the number of lots now proposed. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF TRACT NO. 1, PROPERTY OF ANDREW YOUNG (MB 16 P 19)(MB 21 P10)" dated 08/09/2019, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots 1A, 1B, and 1 C are developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character as depicted on pages 7, 8, and 9 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The intersection of Duncan Lane and Shell Road shall be widened to 24 feet in width to allow for ease of simultaneous vehicular ingress and egress. 4. The proposed roadway improvements shall meet the minimum requirements found in section 503 of the Virginia Statewide Fire Prevention Code. A private road maintenance agreement shall be established to maintain these standards. 5. All dwellings shall be limited to single-family residential units. 6. No additional subdivision of Lot 1A shall be permitted. 7. The proposed 21-foot public utility easement depicted on the plan identified in condition 1 above shall be reduced to 20 feet or as otherwise required during final plat review to ensure compliance with Appendix A, Section 200(a) of the City Code. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Ocean Rental Properties, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:7� Applicant and Property Owner Ocean Rental Properties, LLC Agenda Item Public Hearing December 11, 2019 City Council Election District Kempsville 1 0 ity of Virginia Beach Request Subdivision Variance (Section 4.4(a, d) of Subdivision Regulations) aa, Ba��oeR�a ww�Or4e Staff Recommendation Approval O 9d Randpia Avenue Staff Planner Aubrey Trebilcock oa° o c w Location oa 5568 Shell Road �Rontra �ra,e 3 GPIN 111 1469311163 Site Size Sam Farm Road 22,120 square feet Front St eet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District f $"F ' Single-family home/ R-5D Residential � -- - y a SurroundingLand Uses and ZoningDistricts ' }u. ,�. North " --Single-family home/ R-5D Residential ' '`^a South Shell Road Lake Lawson � East Shell Road Sh.II RoK Single-family home/ R-5D Residential West w.aq{g t�, � Ali •i�'aL?`- e w, � Single-family home/ R-5D Residential ei Ocean Rental Properties, LLC Agenda Item 10 Page 1 Background and Summary of Proposal • The applicant proposes to subdivide the existing 22,120 square foot parcel located at 5568 Shell Road into three lots.The subject parcel was created by deed in May 1944, prior to the establishment of the Princess Anne County Subdivision Ordinance (1953)and Zoning Ordinance (1954).At that time, properties could be subdivided without recording a plat with the Clerk of Court. • Lot 1A is depicted on the submitted plan with 11,320 square feet,fronting Shell Road; however,vehicular access is provided via Duncan Lane. This lot meets all requirements for the Subdivision Variance.The other two proposed lots, Lot 1B and Lot 1C, are proposed along Duncan Lane with lot areas of 5,500 and 5,300 square feet respectively. However, as these lots are proposed without direct access to a public street, as required by Section 4.4(d)of the Subdivision Regulations, and therefore also cannot meet the minimum lot width requirement, as required by Section 4.4(a) of the Subdivision Regulations, a Subdivision Variance is requested. • The initial request for this Subdivision Variance was for four lots, with one lot being 7,120 square feet and the remaining three lots each being 5,000 square feet.After working with City Staff,the applicant reduced the number of lots requested from four to three and increased the proposed area of each lot to better reflect previous subdivisions along Duncan Lane. • Duncan Lane, a private drive created in 1948, is currently approximately 13 feet wide.The Fire Department standards require the width of vehicular accessways to be a minimum of 20 feet wide to ensure sufficient width for emergency vehicle access.Traffic Engineering also requests that the apron at the intersection of Duncan Lane and Shell Road to be widened to 24 feet in width to allow cars to exit and enter at the same time. • While no encroachment into the setbacks is depicted, if the footprint of the dwellings were to expand and encroach into a setback the applicant would need to seek a variance from the Board of Zoning Appeals. rv� 3 u e, i iJ JJ ' "-66 .4/ No Zoning History to Report Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Ocean Rental Properties, LLC Agenda Item 10 Page 2 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: A. No variance shall be authorized by the Council unless it finds that: B. Strict application of the ordinance would produce undue hardship. C. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. D. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. E. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. F. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This proposed request for a Subdivision Variance to allow the creation of two parcels without direct access to a public street and a lot width of zero. The layout of this site is consistent with the pattern of development along Duncan Lane that has occurred since the 1940s when the lots were originally platted. These existing lots along Duncan Lane were established at a time when parcels could be subdivided by deed,as they were created prior to the establishment of either the Subdivision Regulations or Zoning Ordinance.Today,the subdivision of property must occur through the recordation of a plat and subject to all applicable regulations, including that newly created lots must have direct access to a public, and have a minimum lot width of 50 feet and a minimum lot size of 5,000 square feet for a single-family dwelling. The existing lots along Duncan Lane all have zero lot width and range in size from 7,600 to 38,000 square feet.The property formerly described as "Folk Young"to the north was legally subdivided by deed in Deed Book 225 Page 535 and Deed Book 222 Page 332, resulting in three lots with lot areas of 7,600, 8,000,and 12,200 square feet. While two of the three proposed lots associated with this request will be smaller than any existing lot on Duncan Lane, they do meet the minimum lot area of 5,000 square feet for single-family dwellings in the R-5D zoning district. In Staffs view,the proposal will not be substantially detrimental to adjacent properties, and the character of the neighborhood will not be adversely affected should the Subdivision Variance be approved. Also,the request is consistent with the Comprehensive Plan's guiding principles that recommend the continued stability of stable neighborhoods as the proposal is not expected to have negative or adversely impact the existing infrastructure and is compatible with the existing residential uses immediately adjacent and in the vicinity. The site is located outside of the Special Flood Hazard Area and any necessary stormwater management for this single- family development would be minor and could be accommodated on-site based on the size of the lots. No significant impacts to traffic, natural and cultural resources, or school enrollment are expected.The recommended conditions below reflect the Fire Department's and Traffic Engineering's Staff request for improvements to Duncan Lane to ensure traffic safety and emergency access. Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Ocean Rental Properties, LLC Agenda Item 10 Page 3 Recommended Conditions 1. When subdivided,the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF TRACT NO. 1, PROPERTY OF ANDREW YOUNG (MB 16 P 19)(MB 21 P10)" dated 08/09/2019, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots 1A, 1B,and 1C are developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character as depicted on pages 7, 8, and 9 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The intersection of Duncan Lane and Shell Road shall be widened to 24 feet in width to allow for ease of simultaneous vehicular ingress and egress. 4. The proposed roadway improvements shall meet the minimum requirements found in section 503 of the Virginia Statewide Fire Prevention Code.A private road maintenance agreement shall be established to maintain these standards. 5. All dwellings shall be limited to single-family residential units. 6. No additional subdivision of Lot 1A shall be permitted. 7. The proposed 21-foot public utility easement depicted on the plan identified in condition 1 above shall be reduced to 20 feet or as otherwise required during final plat review to ensure compliance with Appendix A, Section 200(a)of the City Code. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Ocean Rental Properties, LLC Agenda Item 10 Page 4 Natural and Cultural Resources Impacts The site is in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shell Road 770 ADT 1 9,900 ADT 1(LOS°"D") Existing Land Use 2 10 ADT Proposed Land Use 3-30 ADT I Average Daily Trips za defined by one single- 3 a s defined by three single-family 4 LOS=Level of Service family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shell Road in the vicinity of this application is considered a two-lane undivided local collector street. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water and Sewer The site is currently connected to City water and sanitary sewer. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Shelton Park Elementary 356 468 1 1 Bayside Middle 722 929 0 0 Bayside High 1842 1859 1 1 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • One letter of opposition was received by Staff noting concerns related to the essential character of the neighborhood, property values, the health of Lake Smith, and lack of a legitimate hardship to request a variance. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 8, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. Ocean Rental Properties, LLC Agenda Item 10 Page 5 City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Ocean Rental Properties, LLC Agenda Item 10 Page 6 Proposed Site Layout I r---- t loi ° % spi IIPZ:.; Oil 'T w .00'001 3.00.orao s I td41,1 adYA 30IS..9 & - --i'.::.;.:' -- C i.i]:.R.. .. 9e tn.i. ; t:1 ri 1 1!,:,.ti I.•Ei;;.z 4 11: 1 l h .WW1 8.000f.19 N I—— ——— -- — — (641)00E4 XIS.9 A I 1 E cm Li EA i i..:‘,1 15R., gi ;i ;.,,, -5 „ 10-50'1 .1-1 o _old 1 ' 1.i:.:, ) gic127.2:" i t a 1 ) ! 221 R VA R 0 b ii i_._ F., 4 04VA ElY311,OZ 1 1 h pi ;,-.1 1_. si ti k P 2 hi.._.: , ... -R " ;,, iiiii. i., 1 1 bg CklYA MON/.0C 1 1 1 .21Z7.0' .00., 8.00.0f.19 N (6C V 76 8 PV) U (01 d 'CC 0 FY) r at/a'11.10141 9)11 CM/ 77301/9 Ocean Rental Properties, LLC Agenda Item 10 Page 7 Proposed Elevations Lot 1A SF-53 i�- -- --•✓i- a a=■ �xsm it===■=Lam==a =aa' - -.:, ___,,,-„,..„, _, ,-, I ___-_=-----7-7-=-=-=-7:- A--", .- u"'''......4..1S7"--jiill17-- ''''''.-— =Eregalt:Ime.III..-'9_1111!:_allt L j---__r___ =.`. ===- - ,--------_ 1II__=_== =-= :/ ��r• _ _ ill II I MINI",..NPOOMI ------- liunn Amin, -- 7/vaW1ur1ll11J1J1!eaW/_`�=. . 7■C � ti 7 ■■. 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Al. _ CRICKET= _I IOR12.VSTL SP6. s .... - L F ,. ,,....._ =- 51 0 D _,_ �0 —aao = A^YkOn.bRADE ______ ___J_ I; 0%FT8 i.G14.}?Tv LEFT ELEVATION FRONT ELEVATION 148•411•o. Va•=F-O• ROL.VENTS AS REOV.. DM SO.FT.ATTIC VENTILATION ASPHALT ROOFING Sul REOD. r 4O O%OF VENTILATION IS II-II LOCA,ED T.t.PPER PORTION OF ROOT,42 SO.FT.REOV. i, ,ppr 1. 4 . -_ 12 ,_ ,S 1. __r! l L4./ 7 s1 I IQ 1.2 FF.L. l FFl. fr '=.LL. I~] _ E4 FI 1. H7RI2.VINYL SM. ,T Q , . iii . g DE FF:..r FFl. AVPROK.CRAM RIGHT ELEVATION REAR ELEVATION D,•o ve•=ram Ocean Rental Properties, LLC Agenda Item 10 Page 10 Site Photos ,Iz • IZ r _ I 1 tt t ` y p 'i r ' . ' f , -w { r -�- '' -i` = c -,:- `fig.ems§ = ` ' ,,_ ; , ,* `«a. _ - -:.-- -- '4,- ',1"---5- ..:,..:_,,'+'' - t,,.:: - P ' ... ;44,.."-V7: _ ' i _ _- _ ,..' ys .... - Ocean Rental Properties, LLC Agenda Item 10 Page 11 Disclosure Statement Virginia Beach APPLICANT'S NAME Ocean Rental Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City " Modification of by City Property i 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 I Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board a 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 OM Y% iodated two(2)weeks prier to any Page 1 of 7 l Planning Commies* :. that}.>ertains to the apIi.at onts)t. Q APPLICANT NOTIFIED OF HEARING g NO CHANGES AS OF E itto`7.o WtZ.L W.t..00`3n q, ❑ REVISIONS SUBMITTED (}A rF Fb4e. ,k.TtP.E$►VGDLIL Ocean Rental Properties, LLC Agenda Item 10 Page 12 Disclosure Statement Ni3 Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. IACheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Rental Properties, LLC If an LLC, list all member's names: Steven W. Bishard, Manage;John Bishard,Member If a CORPORATION,list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name: If an LLC,list the member's names: Page Z of 7 Ocean Rental Properties, LLC Agenda Item 10 Page 13 Disclosure Statement \43 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or (hi) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 1 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatingor to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ocean Rental Properties, LLC Agenda Item 10 Page 14 Disclosure Statement APPLICANT or, YES NO SERVICE l PROVIDER(use additional sheets if needed) nE Accounting and/or preparer of ' I 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 X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) C ® Construction Contractors nEngineers/Surveyors/Agents DKT Associates;Fox Land Surveying Financing(include current — mortgage holders and lenders J� selected or being considered to provide financing for acquisition or construction of the property) xLegal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers / I I Agents/Realtors for current and ' anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n c an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Rental Properties, LLC Agenda Item 10 Page 15 Disclosure Statement V13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1 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. Ocean ental P pert L< -John ais,(lard Di ARK SIGNATURE PRINT NAME DATE I Page 5cf7 Ocean Rental Properties, LLC Agenda Item 10 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ocean Rental Properties, LLC Agenda Item 10 Page 17 Item#10 Ocean Rental Properties, LLC Subdivision Variance (Section 4.4 (d) of the Subdivision Regulations) 5568 Shell Road District—Kempsville December 11,2019 RECOMMENDED FOR APPROVAL Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine, ten, eleven, fourteen, nineteen, twenty, twenty one twelve and thirteen, Mr. Tajan. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number nine has been approved with conditions as amended. Madam Chair our next agenda item is item number ten, Ocean Rental Properties, LLC. It's an application for a subdivision variance, section 4.4 D of the subdivision regulations, on property located at 5568 Shell Road located in the Kempsville District. Mr. Bourdon: Madam Chair,members of the Commission for the record Eddie Bourdon,Virginia Beach attorney representing the applicants, Steve Bishard, who's one of the principles of Ocean Rental Properties LLC and is on his way, but he had a conflict at noon. He has worked diligently with the adjacent neighbors to this property, Mr. Rerras, who I understand is here to speak and it's my understanding that Mr.Rerras is supportive, as is your staff of the request. The subject property is over 22,000 square feet zoned R-5, and theoretically, you could divide it into two duplex lots and originally we're trying to do four single family and working with the neighbors. We come down to three lots. The hardship here is Duncan Lane,which serves five additional properties to the north beyond the subject 22,000 square foot parcel, all but one of which are much smaller, all that was done in Princess Anne County days pre-subdivision ordinance and Duncan Lane is a 13 foot wide private road that crosses this property as well as the properties that it serves to the north. With this request, the applicant is going to widen and improve over 220 feet of frontage on Duncan Lane, which will provide access to two of the three houses,the front house, the single family, excuse me, the single story ranch on the larger front lot will be served from Shell Road and that was also something that Mr. Rerras had asked my client to do is my understanding, we've worked with the Rerras with regard to relocating a fence putting in a landscape buffer,relocating a sewer line all of which my clients will do, you have specific houses that will be built on each of these three 1 lots that are in keeping with the area. And in short, they will be keeping with the area certainly nice homes,try and think of work well with Mr. Rerras and I believe that the adjoining neighbor to the north, Mr. Kevin Harris, I was told, as long as Mr. Rerras was good with this application was in favor of the application he was as well and the church that's on the other side of the Duncan Lane is neutral. They don't have any dogs in the fight at all and they don't have any objection. They don't have any support. They just know about the application. All the conditions that have been recommended by staff are acceptable to the applicant, and I will standby for questions. Ms. Oliver: Great. Thank you very much. Ms. Sandloop:We have two speakers, Ms. Oliver: Okay. Ms. Sandloop:Courtney Mickiewicz. Ms. Mickiewicz: My name is Courtney Mickiewicz 5013 Farrington Drive, I'll be speaking on behalf of my husband and I today, I'm just going to read the letter and then just give a couple of thoughts. So we oppose the granting of the variance for 5568 Shell Road. Our opinion is that the change in use from granting the variance will alter this central character in the neighborhood and would negatively impact the neighborhoods property values. And furthermore, it is our opinion that there's not an undue hardship on the applicant sufficient to justify the variance. There is a house currently, it's actually a 50 year old house, a really cute house, if you guys want to go look at it, it's going to be torn down just really sad. But that house is on Shell Road, so if the property was not divided, then there is no hardship. So the hardship is because of the private road Duncan Lane. So the Supreme Court has stated that variances shall only be granted if denying the variance would interfere with all reasonable beneficial uses of the property taken as a whole. And law requires that variance requests be based solely on land uses not the personal situation, the applicant for personal financial gain. We don't feel that the applicant adequately described an undue hardship in the variance application. It is also our opinion that granting the variance would adversely affect the water quality wildlife, vegetation and aquatic life of Lake Smith. The waterway on which the property is located across from. It is our desire to preserve the natural beauty of the lake and constructing three large structures could cause soil erosion and decline in water quality. Poor construction practices can destroy natural habitats. So in conclusion, we are opposed to the subdivision of 5568 Shell Road into three single family residential lots in the construction of the three homes and we ask that you all denied this request. I also just wanted to let you know that Aubrey who was handling this 2 case over at the city, he's been really great to work with. So I just wanted you all to, let you all know that you have some really great people that work for the city and he's been very great with emailing me back and just keeping me in the loop about that. So I just wanted to let you all know about that. Ms. Oliver: Right. Thank you. Do we have any questions? No,thank you very much. Ms. Sandloop:Our last speaker is Jason Rerras. Ms. Oliver: Welcome, you please state your name for the record. Mr. Rerras: Jason Rerras. Ms. Oliver: Thank you. Mr. Rerras: When the residents of our neighborhood first became aware of the proposed development, we quickly came together and found that there was near universal support and opposition of the project. Our stretch of Shell Road is a unique area in Virginia Beach and is highly valued by those who live here. When you drive down our stretch of Shell Road it hardly feels like you're in the city but in a rural neighborhood, where the homes have spacious lots and are surrounded by trees. This is literally a green neighborhood with protected natural spaces a lake and abundance of trees and wildlife. These factors are significant part of the reason that we purchased a home here along with the unique privacy that our property has. When I step into my backyard, I see my landscape, trees and I only think glimpses of my neighbor's homes. I know that we do not in the landscape beyond our own property,but it's certainly part it is certainly part of the intrinsic value of our home. When one moves into a neighborhood like ours, they myself included, make the naive assumption that there may be changes over time, but that the character of the neighborhood will remain intact. We initially set out forcefully opposed to the development with a petition that was signed by every single neighbor and some even offering to chip in money to help with legal fees. But as we learned through the process, we didn't so much have a development to fight, but a development to choose from. Our options are two new homes 20 feet off a Shell Road where the average setback is over 50 feet or two new homes towering over my backyard. So our choice was privacy work with deal, which is mutually exclusive in our case. We shared our concerns with Steve Bishard, Josh Moto of Bishard Homes and Ocean Rentals and after a good deal of back and forth and meetings with neighbors on our property and changes made to the plans. We have decided to support the proposed development and request for variance. So long is only three lots are created and the lot facing Shell Road cannot further be subdivided. We are sacrificing some of our privacy and view that was part of the value of our home when we purchased it so that we may help protect the character of the 3 neighborhood. For our support, Bishard Homes has offered us some concessions to soften the blow of these changes though they do not completely cancel out the negative impacts. My hope is that there be some requirements in the future that value set back, density and privacy for existing neighborhoods to protect the intrinsic value that was paid for by existing homeowners. Thank you. Ms. Oliver: Thank you. Do you have any questions? Thank you so much for taking the time to come down. Mr. Rerras: Thank you. Mr. Bourdon: What Mr. Rerras is speaking of, I appreciate,you know, is everything that was said and had that he has done with this. If you could put that on the aerial, the homes that are along 13 foot wide Duncan Lane are on, lot setter slightly larger than the two of the smaller lots here, but we think it is in character, most importantly, this road has at its access to Shell Road is only 13 feet wide, we're widening it, making it safer. That road is entirely on this property. The property has sufficient financial on Shell Road to divide it by right into two lots two long, narrow lots. That's what Mr. Rerras is talking about and that would be far less advantageous for everyone involved. It would not permit the widening of the Duncan Lane to 20 feet which will make it safer and the entrance widened out to 24 feet which will make it safer. And that portion of Duncan Lane will all be maintained because there is no maintenance agreement for any of Duncan Line and it is a private road on private property, but that will be maintained now by the three folks who buy these three houses which are certainly nice homes. I understand appreciate the concerns. The situation was created for anybody who pretty much is living out there now, you know, live there because this was back in the in the 50s. So, it truly is, there is a hardship and the hardship is Duncan Lane and Duncan Lane that's on this property that serves 5 houses to the north of it. So that's the situation this I think in the young lady Courtney was absolutely right, Aubrey is a fantastic addition to the planning staff, he is very thorough and does a very, very good job. And I frankly think so does everyone else, but I do think that this is the best situation, the best resolution that makes the situation much better than it could be in a by right scenario and safer and ensures the maintenance of Duncan Lane and most importantly, the improvement of this front section of Duncan Lane, which all the traffic has to go on to get the Shell Road. Ms. Oliver: Thank you. Anybody have any questions for Mr. Bourdon? Thank you. Have any more speakers? Ms. Sandloop:No, ma'am. 4 Ms. Oliver: Thank you. We're going to close it and just open up discussion with the commissioners. Yes, Mr. Redmond. Mr. Redmond:Well, I do appreciate, the young lady's concerns and objections. I do however; believe that there are substantial public benefits to this. And as I said this morning in the informal, it seems to me that this has been designed in a way to be less impactful than as Mr. Bourdon made clear, could be the case under a by-right scenario and we see this all the time, but sometimes it's not easy for some people to accept. And I understand that I think that's valid too. I do nonetheless think that this makes a lot of sense for this piece of property and I'll be happy to support it and if we in if need be make motion, so thank you. Ms. Oliver: Anybody else? Yes Ron. Mr. Ripley: You know, speaking to the hardship is always a hard defense because it's really hard. It's hard to sometimes get by that but you have to look at it broader. I think the patterns and intensity of this neighborhood are such that it what's been proposed fits in better than just bifurcate a lot into two lots. So that's the way I looked at it. And also,I think the additional roadway will be a benefit to everybody on that road, which will be good. So it sounds like he's worked with the neighborhood pretty good from what I can tell. So I want to support it as well. Ms. Oliver: Yes Jack. Mr. Wall: I think that the density is increasing, and I think it does affect somewhat they get the charm of the area,but I think also that the applicant has worked fairly diligently to match the character of the surrounding neighborhood. So I am in support. Ms. Oliver: Yes. Mr. Redmond:Madam Chair. I move approval of agenda item number ten. Ms. Oliver: Do we have a second? Mr. Weiner: I second. Ms. Oliver: Thank you. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number ten has been approved. Our next item of business is agenda item number eleven, Greg McMakin,which is an application for a conditional use permit bulk storage yard on property located at 4145 Virginia Beach Boulevard located in the Lynnhaven District. 5 'AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF TRACT NO. 1, PROPERTY OF ANDREW YOUNG(MB 16 P 19)(MB 21 P10)" dated 08/09/2019, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots 1 A, 1 B, and 1 C are developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character as depicted on pages 7, 8, and 9 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The intersection of Duncan Lane and Shell Road shall be widened to 24 feet in width to allow for ease of simultaneous vehicular ingress and egress. 4. The proposed roadway improvements shall meet the minimum requirements found in section 503 of the Virginia Statewide Fire Prevention Code. A private road maintenance agreement shall be established to maintain these standards. 5. All dwellings shall be limited to single-family residential units. 6. No additional subdivision of Lot IA shall be permitted. 7. The proposed 21-foot public utility easement depicted on the plan identified in condition 1 above shall be reduced to 20 feet or as otherwise required during final plat review to ensure compliance with Appendix A, Section 200(a) of the City Code. 6 _____, ,,_:• , , _______ _ _ __________----- _ 1 11_1 n .Q., u.. o O Q N O �n O r_ if .., .. A� l!lluuj •` U ie 'IN 447 ---,,,:,....2..,,H\ it v ..Q U O Vo 0 'ar'----'N \\,... t E \\ LC. I N. ..-----_,) 03 a 1 (/ , \ 7---- a� E I a \ ri- 1-). 1 77, I I I J Ll ' —� �_ OD i —J cu E :1=2 N a (In II 1 t. [ ..,-. ,fy ♦ Di -1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving the Application of Hannah Gubanc and Hamilton Gubanc for the Closure of an Approximately 2,176 sq. ft. Portion of an Unimproved Right- of-Way Adjacent to 770 Woodstock Road MEETING DATE: January 21, 2020 • Background: Hannah Gubanc and Hamilton Gubanc (the "Applicants") requested the closure of approximately 2,176 sq. ft. of an unimproved right-of-way (the "Right-of-Way"), adjacent to their residence at 770 Woodstock Road (GPIN: 1456-74-1919), for the purpose of incorporating the closed area into their adjoining property. • Considerations: The Right-of-Way proposed for closure consists of an unimproved cul-de-sac at the terminus of an unnamed access road, as shown on the 1977 subdivision plat recorded in Map Book 124, at Page 36. The unnamed access road provides access to the Applicants' property and the adjacent property located at 772 Woodstock Road ("Lot 10A-2"). Closure of the Right-of-Way would not affect Lot 10A-2's use of the existing access road. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There was no known opposition to this application. • Recommendations: The Planning Commission passed a motion, by a recorded vote of 9-0, to recommend approval of this request to City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication to the City of a 30-foot wide public utility easement along the entire northern boundary of the Applicants' property, subject to the approval of the Department of Public Utilities and the Hannah & Hamilton Gubanc Page 2 of 2 City Attorney's Office, which easement shall include the right of reasonable ingress and egress. 3. The Applicants shall determine if a private water line for the benefit of Lot 10A- 2 (as shown on Map Book 234, Page 24) is located within the Right-of-Way. Should a private water line exist, the Applicants shall establish a private water line easement of a suitable size for the benefit of Lot 10A-2. 4. The Applicants shall verify that no private utilities exist within the Right-of-Way. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. • Attachments: Ordinance Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Form Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �n Submitting Department/Agency: Planning Departmenf Ik7 City Manager: /`(i(L- 1 ORDINANCE APPROVING APPLICATION 2 OF HANNAH GUBANC AND HAMILTON 3 GUBANC FOR THE CLOSURE OF AN 4 APPROXIMATELY 2,176 SQ. FT. PORTION 5 OF AN UNIMPROVED RIGHT-OF-WAY 6 ADJACENT TO 770 WOODSTOCK ROAD 7 8 WHEREAS, Hannah Gubanc and Hamilton Gubanc (the "Applicants"), applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unnamed, unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way (the "Right-of-Way") be 22 discontinued, closed and vacated, subject to certain conditions being met on or before 23 one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying 26 and being in the City of Virginia Beach, Virginia, 27 designated and described as "AREA OF UNNAMED 28 STREET TO BE VACATED. AREA = 2,176 SQUARE 29 FEET OR 0.0499 ACRE, AS DEPICTED IN MAP 30 BOOK 124, PAGE 36", and shown as the hatched area 31 on that certain street closure exhibit entitled: "STREET 32 CLOSURE EXHIBIT OF A PORTION OF UNNAMED 33 STREET AS SHOWN IN MAP BOOK 124, PAGE 36: 34 MAP BOOK 234, PAGE 24 AND DEED BOOK 2605, 35 PAGE 1138 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 36 50', dated September 6, 2019, prepared by Alphatec 37 Surveyors Ltd., a copy of which is attached hereto as 38 Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 NO GPIN ASSIGNED (Public Right-of-Way) 46 Adjacent to GPIN: 1456-74-1919 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City 49 shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures," approved by City Council. 51 52 2. The Applicants shall resubdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining parcel. The Resubdivision Plat 54 must be submitted and approved for recordation prior to final street closure 55 approval. Said Plat must include the dedication to the City of a 30-foot wide 56 public utility easement along the entire northern boundary of the Applicant's 57 property, subject to the approval of the Department of Public Utilities and the 58 City Attorney's Office, which easement shall include the right of reasonable 59 ingress and egress. 60 61 3. The Applicants shall determine if a private water line for the benefit of Lot 62 10A-2 (as shown on Map Book 234, Page 24) is located within the Right-of- 63 Way. Should a private water line exist, the Applicants shall establish a private 64 water line easement of a suitable size for the benefit of Lot 10A-2. 65 66 4. The Applicants shall verify that no private utilities exist within the Right-of- 67 Way. If private utilities do exist, easements satisfactory to the utility company 68 must be provided. 69 70 5. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the 72 conditions noted above are not accomplished and the final plat is not 73 approved within one year of the City Council approval, said approval shall be 74 considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before January 21, 2021, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 81 2. If all conditions are met on or before January 21, 2021, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents are 86 requested, if any, to convey such interest, provided said documents are approved by 87 the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH as "Grantor" and HANNAH GUBANC and HAMILTON GUBANC, 94 collectively as "Grantee". 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 97 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , &ta_6,, a/pi/1,4401,v Planning De artme City Attorney CA14680 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p031\00612218.doc R-1 January 8, 2020 EXHIBIT A NOW CR FteaEs.r NOW CR FaRaERLr WV OR FORMERLYCIB�WO RER t QI MEN BRAD MAN PIE t KATY IL AAIETT MAID IL t IIIENA a PIEIPS I457RUENT#201700210 vt0 NSIAGEENT 20050912001458130 AA 3443,PAGE 1074 LOT 24 NOCCRTOOC FOES? LOT 25 FOEST LOT 20 00CDS1OOr FOREST 221 Me-75-3100 0FN 1458-75-3011 DIN 145-74-30I3 MAP BOOK 232 PACE 70 MAP BOOK L2,PAGE 78 YAP BOOK 232.PAGE 78 S O424.00'R 14313' 0. S O42T'2V N 14201' - 1 ' REFERENCE MERIDIAN -"". .4 D.B.2605 , PG. 1138 W W I 8 >1 g; ICI a ow a0490 AL7E,AS DEPICTED N 4I MAP BOOK 124 PAGE 30 j 13 a N 047171.E i 4Z NOW CR FORMERLY NMI=A WNW WOW ill41. M157RUENT(ff003140007072M 1t GPN r0-741101I1 - Em eoaK seal PE noe >y w�� s s�>d H ,/yq�, FIIQ 1y A�,I; &FED ^w, 1) 58114 tirgir .F p .ig il arl ei 0473'00'E Wass''(FE1�) gill igi a N W24D0'E 11d1309,477 � g 9 g qOW OR FORMERLY ARAN=N.D.B.0tMAN MANED,S MCGRA01 .3 3704 PAGE EH PARCEL C GM I450-84-8007 YAP 00N 124,PACE 30 i NI,T H op WOODSTOCK p r 09/06/2019�'gy P YAP BOOK2234TAGE 24 CF N611� U JOHN F. HILL SIR.a àtL4 1lc. No. 1499—HSTREET CLOSURE�EEXHIBIT OF�A�PAON OF � MAP BOOK 124, PAGE MAPAS SHOW IN BOOK 2r34, PAGE 24 �ik„ sURV O AND DEED BOOK 2605, PAGE 1138 I1RGINIA BEACH, 1IRGINIA SEPTEMBER 6, 2019 SCALE: 1'=50' 0' 50' 100' 1 50' H A (ill! 1! \ ALp TI © PROJECT NO.: 21914 ,..01.1, /! SURVEYORS LTD . ORAIMNG NO.:32014 530 7 5261 FA (73E7)963 3202z33zo Applicant and Owner Hannah & Hamilton Gubanc Agenda Item Public Hearing December 11, 2019 City Council Election District Kempsville 3 CiAliBty of Virginia Beach Request Street Closure Staff Recommendation Approval Staff Planner HoaN. Dao Location Adjacent to 770 Woodstock Road a1.0 mil , Site Size 2,176 square feet a AICUZ III Less than 65 dB DNL • Watershed r Chesapeake Bay ° s 8 i Existing Land Use Undeveloped right-of-way Surrounding Land Uses and Zoning Districts o 7 North `,� 1k:. a Q t s • Single-family dwellings /R-10 Residential South ��` • .� -\ Single-family dwellings/ R-10 Residential ., l , East I 1 Single-family dwellings/ R-10 Residential West I , t t w 5: T Single-family dwellings/R-10 Residential .,, 4 kc3 `. , `r 1 : • » \� ' Hannah & Hamilton Gubanc Agenda Item 3 Page 1 Background and Summary of Proposal • The applicants propose to close a portion (2,176 square feet) of the platted unimproved right-of-way/cul-de-sac and incorporate that land into their adjacent residential lot at 770 Woodstock Road (Parel D- M.B. 2605, P. 1138). • This portion of the roadway was platted in 1977 with half of the right-of-way/cul-de-sac dedicated for future improvements and the other half portion of the right-of-way will be dedicated when the northern parcel gets developed. However,the northern parcel was subdivided in 1994 without dedicating the remaining half of the right- of-way/cul-de-sac. • Both lots, 770 and 772 Woodstock Road, share the unimproved access road as shown in the Site Photos on page 5 of this report. Should the closure be granted, both lots will continue to meet the minimum lot width requirement of 80 feet for parcels in the R-10 Residential District. • The applicant's residence is setback two feet from the curvature of the unimproved cul-de-sac,thereby encroaching into the required 30 feet front yard setback for the R-10 Residential District. Granting the street closure will increase the setback to approximately 17 feet which decreases the degree of front yard setback non-conformity of the existing residence. • A sanitary sewer line exists within the right-of-way and on a portion of Parcel D. Also, a private water line may also exist that serves the adjacent parcel to the north (Lot 10-A2 - M.B. 234, P. 24). A condition is recommended that a 30-foot wide public utility easement be established for the sewer line and should a private water line exist an easement shall also be established. These easements will be addressed during final plat recordation. S� ,, ca L.._ R-10I gL L J Li No Zoning History Data Woodstock Court 0 R,0 i 1 ' I R-UHn.' r Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance $TR—Short-Term Rental Hannah & Hamilton Gubanc Agenda Item 3 Page 2 Evaluation and Recommendation A Viewers'Meeting was held on November 19,2019,that included City Staff from the departments of Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure will not result in a public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel.The Resubdivision Plat must be submitted and approved for recordation prior to final street closure approval.Said Plat must include the dedication of a 30-foot wide Public Utility Easement along the entire northern boundary of Parcel D (M.B. 2605, P. 1138),subject to the approval of the Department of Public Utilities and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall determine if a private water line for the benefit of Lot 10A-2(M.B. 234, P. 24) is located within Parcel D(M.B. 2605, P. 1138).Should a private water line exist,the applicant shall establish a private water line easement of a suitable size for the benefit of Lot 10A-2. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval,said approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Hannah & Hamilton Gubanc Agenda Item 3 Page 3 Public Outreach Information Planning Commission • The adjacent property, 772 Woodstock Road, who is affected by the proposed Street Closure has provided a letter of support for this application. The Street Closure will reduce their lot width from 105.51 feet to 80 feet. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019 and December 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Hannah & Hamilton Gubanc Agenda Item 3 Page 4 Proposed Site Layout LOTS S r Nal: � . 4111111."" Y k E • g� ur a SHED • a) at0 W a..+ ii •1-i 'g E . PARCEL'D' t0 N e 0,a j xtm s4 T1. C (0 a8198 Acre. 11.1 W Cl.. Q 4-, Q Om 0 30' � I— 4-�--•-�-.,--+ ' /1/ r Amory A� \ \kr `lam`` \ 4 ••.. kE-1,.. ((pp •A-,E14(FU7 € WE ~ a W K M W o - . . CC F—,= I. 1 N 1 W 1—/ ,,E aevr.e I _ �II1) X.. i(L02310 / )4,„6 1 II „N: [ I. I. Qq NN 0/1'00•F HOW(PLAT) i FARM"e i. V igg 1 WOODSTOCK ROAD Hannah & Hamilton Gubanc Agenda Item 3 Page 5 Site Photos a,' ti. jor ,,..4, f' - '' . -... - . ' '.'-- V4,... 0,p -, a µ .� .� c s r 1 e y J tA., ;., .,, - - ': -' * ,--.7 '- r j' w_ , '' Hannah & Hamilton Gubanc Agenda Item 3 Page 6 Disclosure Statement NB Virginia Beach APPLICANT'S NAME Hannah&Hamilton Gubanc DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City _ _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures muss oe❑poated twc ii weeks prior to a Page 1 of 7 ir,,Commission and City Council meetinu that pertains to the apOication(si. APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: Hannah & Hamilton Gubanc Agenda Item 3 Page 7 Disclosure Statement .9q1 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: Hannah&Hamilton Gubanc If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if proverty owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Hannah & Hamilton Gubanc Agenda Item 3 Page 8 Disclosure Statement \fi3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the_Property. If the answer to any Item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Hannah & Hamilton Gubanc Agenda Item 3 Page 9 Disclosure Statement Nfi3 APPLICANT 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 LJu the Aaolkant)-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) n ® Construction Contractors n ❑ Engineers/Surveyors/Agents ff ale-C s6t/'I/�O Financing(include current M Electronic Registration ( /-q-20 Ix ❑ mortgage holders and lenders systems,Inc. selected or being considered to provide financing for acquisition or construction of the property) CILegal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ n Igi 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 1 contingent on the subject public action? If yes; what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Hannah & Hamilton Gubanc Agenda Item 3 Page 10 Disclosure Statement 1/B Virginia Beat 11 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 Applicatiop JI ? �T {y�,,� �0/2,//t A WANTS SIGNATURE 1 PRI��/�(,�NT NAME \ DATE H4/N7ea GUMAC 0 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. Hannah & Hamilton Gubanc Agenda Item 3 Page 11 41). 1 . APPLICANT'S NAME Hannah & Hamilton Gubanc 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 Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning A eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area 11 Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • ., s= �, �rt��_w� ., �,_ �. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Citif Council meetin.that 1 ertains to the ap[,lication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE EKNO CHANGES AS OF /— 9- 20 DATE. / �s�'�`' P JBMITTED DATE 1113 \`irginia Beach Inl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Hannah & Hamilton Gubanc If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 i Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 • APPLICANT \'a,ginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ I Accounting and/or preparer of your tax return Architect I 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) n n Construction Contractors i nEngineers/Surveyors/Agents Al p eta f ec Surveyors /4/._ Financing (include current Mortgage Electronic Registration /- 9-20 ❑ mortgage holders and lenders Systems, Inc. selected or being considered to provide financing for acquisition or construction of the property) ❑ — - Legal Services R. Edward Bourdon,Jr.,Esquire Real Estate Brokers / C Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA j meeting, or meeting of any public body or committee in connection with this Application. 1jai),1k 6 Li-to r fo/Z7/9 [A41ICANT'S SIGNATURE PRINT NAME DATE f- / Ph "Itroa Lt4,04' Page 5 of 7 Item#3 Hannah & Hamilton Gubanc Street Closure Adjacent to 770 Woodstock Road District—Kempsville December 11,2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, sir. Next item is item three, for Hannah & Hamilton Gubanc, an application for street closure on property located adjacent to 770 Woodstock Road in Kempsville District. Mr. Bourdon: Thank you,Mr. Weiner,Madam Chair,members of the Commission, for the record Eddie Bourdon Virginia Beach Attorney representing the applicant, I will take two cents in thanking Ron and Jan for their service. But especially, Ron,the amount of time you devoted to serving the city, it's the benefits of the city are not capable of being calculated. In my opinion, it's just above and beyond what pretty much anybody has ever provided in terms of service and all of you provide a fantastic service to the city. And no one can say enough how much it's appreciated. The depth and breadth of Ron's knowledge is going to be sorely missed, but there's plenty of gray matter up there that be able to move forward,we will miss you. We appreciate this item being on the consent agenda, want to thank Hoa for his work on it, all five conditions as recommended by the staff are acceptable to the applicant. Again, I appreciate it being on consent. Thank you. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, Commissioner Wall has been asked to read this into the record. Mr. Wall: Thank you Commissioner Weiner. This is a request for a street closure. The applicants proposed to close a portion of the platted unimproved right-of-way cul- de-sac and incorporate that land into their adjacent residential lot at 770 Woodstock Road. This portion of the roadway was platted in 1977 with half of the right-of- way/cul-de-sac dedicated for future improvements and the other half portion of the right-of-way to be dedicated when the northern parcels get developed;however,the Northern parcel was subdivided in 1994 without dedicating the remaining half the right-of-way/cul-de-sac. Both lots 770 and 772 Woodstock Road share the unimproved access road, should the closure be granted both lots will continue to meet the minimum lot with requirements of 80 feet parcels in the R-10 Residential District. The applicant's residence is set back two feet from the curvature of the unimproved cul-de-sac thereby encroaching into the required 30-feet front yard setback for the R-10 residential district, granting the street closure will increase the 1 setback to approximately 17 feet which decreases the degree of front yard setback non-conformity of the existing residence. The conditions are acceptable to the applicants, the staff, the city staff recommends approval and therefore we have placed this item on the consent. Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the short term rental. The planning commission places the following applications for the conditional use permit for short term rental on the consent agenda as these applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff support the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; city council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond:Second. Ms. Sandloop:The vote is open. By a recorded vote of 9-0,agenda items one,two,three,five,six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be 2 scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order,items number nine,ten, eleven, fourteen, nineteen, twenty, twenty-one, twelve, and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The Resubdivision Plat must be submitted and approved for recordation prior to final street closure approval. Said Plat must include the dedication of a 30- foot wide Public Utility Easement along the entire northern boundary of Parcel D (M.B. 2605, P. 1138), subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall determine if a private water line for the benefit of Lot 10A-2 (M.B. 234, P. 24) is located within Parcel D (M.B. 2605, P. 1138). Should a private water line exist, the applicant shall establish a private water line easement of a suitable size for the benefit of Lot 10A-2. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 3 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 4 • , ___----'' - 1 Z.6.1. _,.._. 1 4.0 ',,...'_ '`•,... _........---- ,E , : .0 -7------ , U ! 1 \ ati.-G4i`vall e 8 ,, _____ •k_„ ...-- -- _----- --... ——— -- , ot) ____---- \ , _----____,--- ---- \ , EN _ ___ , ___-- ,__-- o .._-- , . 1 Ce 3-\ \ \ 0 __ ,— _..t CD i - ....1 ,4_,-- __,,....1 v- \ . „....0 %en \VIlk\l'' S Cil CD CI _.‘ ___--1, \\N\ ... _-,:r%; c4 \, . a) cv L_ 4.0 T"'"' _- ........ -- ts IX ...0•***V NA "I"' (I) e-- _ - el _----- ----'--- _--- _ _ _.--- _ _- > LO ; ___ .. m ___ 's ,, -- "'" --r r -\ 1 , i \ , A _ _ _„,,,,,..--- , __---- )___ 7 ' ___-- __.. _..1 -- , t I CV _-------- - a), , 471 __ _--- \- ic \\ '._ -- ___-, iiIIIII -,-----T 17- ___--- ___- \\ _ __------ \ CD\ a co) ---- . • 00D ...._ ______ ____ , ,, \ / �� i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VAB 23RD STREET, LLC [Applicant & Property Owner] Special Exception for Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form-Based Code for the properties located 305, 309, & 311 23rd Street, (GPINs 24270982470000, 24270971880000, 24270972140000). COUNCIL DISTRICT — BEACH MEETING DATE: January 21, 2020 • Background: The Oceanfront Resort District Form-Based Code identifies certain areas where only residential uses are permitted. Certain automobile-centric uses, like drive throughs and commercial parking lots are prohibited in these areas because they are typically incompatible with residential uses. The applicant requests a Special Exception for Alternative Compliance in order to operate a commercial parking lot on a portion of the subject property until such time as the property is redeveloped. A Conditional Use Permit was approved in 2010 for a commercial parking lot on a portion of this site, as well as the property to the east. That commercial parking lot was never developed. There will be a total of 58 parking spaces, of which three spaces are reserved as handicapped and nine spaces are compact. Forty (40) parking spaces will be part of the commercial parking lot while 18 spaces will be off-site parking for the Ocean's 24 hotel located on Atlantic Avenue. When the parking lot is open for commercial parking there will be an on-site attendant and when closed to commercial parking access will be through an automated gate. The perimeter of the parking lot will have landscaping on three sides and fenced on all sides. Reconfiguration of the entrance and removal of multiple curb cuts will allow for five additional metered spaces to be added along 23rd Street. • Considerations: Although commercial parking lots are not considered the highest and best use for properties in the Oceanfront Resort District, they can be acceptable as interim uses, as long as they adhere to the regulations listed in Section 23-58 of the City Code and provide site improvements that the current parking lot does not have. As an interim use, a five-year time limit is recommended to control the prevalence of these lots in the future. Proposed improvements will create a clearly organized operation, adding a sidewalk along the property frontage where none exists today, the addition of landscaping to screen parked cars, and fencing to assist in containing those utilizing the commercial aspect of the parking lot. Further details VAB 23rd Street, LLC Page 2 of 3 pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23rd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The three existing driveway aprons on 23rd Street shall be repaired to restore curb and gutter. c. A new sidewalk shall be introduced adjacent to on-street parallel parking spaces to meet Public Works Standards and also be designed to tie back into existing conditions. d. A minimum 10' street frontage landscape buffer, measured from the back of sidewalk, shall be installed along 23rd Street. e. A minimum 10' buffer, measured from the common property line shall be installed along common property lines adjacent to OR Zoning. f. A minimum 15' category IV buffer, measured from the common property line shall be installed along common property lines adjacent to Apartment zoning. g. Fencing shall be installed around the perimeter of three sides of the parking lot (North, West, and South), inside of the landscape buffer, except for a single pedestrian ingress/egress and a single gated vehicular ingress/egress, both of which will be located on 23rd Street. Fencing height and design shall be determined during site plan review. 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Section 6.4 of the Oceanfront Form- Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District VAB 23rd Street, LLC Page 3 of 3 Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate, fencing, lighting fixtures, trash cans, and any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five (5) years from the date of City Council approval. 7. The Commercial Parking Lot shall be staffed by a parking attendant, who shall be on site during all hours of Commercial lot operations. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department - City Manager: TiiL Applicant& Property Owner VAB 23rd Street, LLC. Agenda Item Public Hearing December 11, 2019 �' City Council Election District Beach Cz`ty zif 5 Virginia Beach Request Alternative Compliance (Commercial Parking Lot in Restricted Area) 1011111111Paida Staff Recommendation 1111110 IOW Approval Staff Planner at Valli Karen Creech WWII"Location -101-0_ lei \ 305, 309, &311 23rd Street MI GPINs 24270982470000, 24270971880000, 24270972140000011W1111 \ Site Size 28,000SF+/- AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay P � Existing Land Use and Zoning District ,. ° �.' Surface parking lot, residential dwellings/OR `, t' . `A �` — ; Oceanfront Resort } 41 tr,-,,440.4r Surrounding Land Uses and Zoning Districts , :v.. ' :' `` 116,4: 1 North 24th Street I 1 16, \--- Multi-family residential,Apartments, Hotel (Rental Cottages)/A-24 Apartment, OR t Oceanfront Resort South 23rd Street Mini golf, hotel, parking lot/OR Oceanfront + = , Resort , } 0 _' — East 23rd Street & Pacific Avenue # s Commercial parking lot/OR Oceanfront Resort West Apartments/A-12 Apartment VAB 23rd Street, LLC. Agenda Item 5 Page 1 Background and Summary of Proposal • This is an application for Alternative Compliance for a Commercial Parking Lot. The Oceanfront Resort District Form-Based Code identifies certain areas within the same block as properties zoned "R" Residential and "A" Apartment, where only residential uses are permitted. Certain automobile-centric uses, like drive throughs and commercial parking lots are prohibited in these areas because they are typically incompatible with residential uses. As a result,the applicant is requesting a Special Exception for Alternative Compliance in order to operate a commercial parking lot on a portion of this property until such time as the property is fully redeveloped. • The property directly to the west of this parcel, also owned by the applicant, is zoned A-12 Apartment District and is currently an apartment use consisting of 12 units. There is also A-24 Apartment District zoning along a small portion of the northern property line. All of the Apartment District zoned parcels are considered a protected district when applying elements of the form-based code. • A Conditional Use Permit was approved in 2010 for a Commercial Parking Lot on a portion of this site, as well as the property to the east. That commercial parking lot was never developed. • Subsequently,the adjacent property to the east was granted Alternative Compliance in 2018 for a Commercial Parking Lot and that project was constructed and open for the 2019 summer season. That existing parking lot is not part of this application. • The subject site consists of unimproved surface parking areas of asphalt, gravel, and grass;two residential structures; multiple access drives; and at least one RV campers potentially in use. • This site has been providing 18 spaces of off-site parking spaces for the Ocean's 24 hotel, a 24-unit hotel located on the east side of Atlantic Avenue.The Ocean's 24 hotel has only six on-site parking spaces. While the property subject to this request for Alternative Compliance and the Ocean's 24 hotel property have a common owner, they are technically owned by different limited liability corporations, • The submitted site layout depicts a parking lot with a total of 58 spaces, of which three spaces are reserved as handicapped and nine spaces are compact. Forty (40) parking spaces, or approximately 70%of these spaces, will be part of the commercial parking lot while 18 spaces, or 30% of these spaces, will be off-site parking for the Ocean's 24 hotel.The parking lot will operate as off-site parking for the hotel via an electronic key card access system allowing 24-hour access. When the parking lot is open for commercial parking,typically between the hours of 9:00 a.m. and 10:00 p.m., there will be an on-site attendant. During high demand events, holidays, and special occasions a midnight closure is anticipated.These spaces could also be leased to fulfill parking requirements for other projects that could affect usage patterns in the future. 23'Street does not connect to Arctic Avenue,thereby eliminating the potential for cut through traffic in the adjacent residential neighborhood. • The three existing access drives and curb cuts will be removed, and one new curb cut and access drive will be created. As there is currently no sidewalk along the street frontage, a new sidewalk will be introduced along the entire 23"Street frontage of this property. • The perimeter of the parking lot will have landscaping introduced on three sides. The 23rd Street frontage will consist of a minimum 10-foot wide landscape strip from the back of sidewalk towards the parking lot, the landscaping will meet the requirements of Section 5A of the Site Plan Ordinance.There will be a 15-foot wide Category IV landscape buffer installed along the entire western property line and a portion of the northern property line that is adjacent to apartment (A-12 and A-24) zoning. This area is also part of the Old Beach Overlay District and as noted above is considered a protected district per the form- based code. The remainder of the northern property line, zoned OR District, will have a 10-foot wide buffer that will aid in creating a strategic separation between the existing uses to the north and this lot VAB 23rd Street, LLC. Agenda Item 5 Page 2 • A six-foot high fence will be installed adjacent to the parking spaces along the northern common property line A shorter fence, currently proposed at 54 inches in height to match the fence associated with the commercial parking lot to the east, will be installed along 23rd Street and the western edge of the property. This fence will also be located adjacent to the parking lot curb line, behind the landscape buffer. • As required, eight trash receptacles will be distributed throughout the parking lot. • Two fifteen-foot tall lights will be placed in the parking lot islands. • The hotel guests using this lot for off-site parking will have access at all hours and will gain access through a gated entrance.The gate will be operated by an on-site attendant when the commercial aspects of the parking lot are open to the public. There is no plan for a "hut" in which the attendant will be located. • The reconfiguration of the entrance and removal of curb cuts will allow for five additional metered spaces to be added along 23rd Street. Currently,there appears to be four spaces without meters that are signed for the Residential Parking Permit (RPP) Program and two metered spaces that will be relocated along the street. ,;2 -,:d �R Z,tte Svee. �tastee6` a C�r A-23 e- Zoning History A-li - '. 1\\._ # Request 1 ALT (Commercial Parking Lot)Approved 10/31/18 �~ J 11 ,23::::4 2 ALT (Commercial PagA.�2 - 3 CUP(Commercial Parking Lot)Approved 01/26/10 �f 1 2 ; 4 CUP(Commercial Parking Lot)Approved 12/26/02 rsosteet - n oR -gyp; VOR, s A'12' 3 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's opinion,this request for Alternative Compliance for a Commercial Parking Lot is acceptable. A portion of this parking lot will also serve as off-site parking for a hotel located on Atlantic Avenue. Although the property is located within the area specified in the Oceanfront Resort District Form-Based Code as prohibited for commercial parking lots, the site has remained undeveloped for the last nine years following the approval for the Conditional Use Permit for a Commercial Parking Lot in 2010. The proposed parking lot does locate a typically undesirable use closer to the Old Beach residential neighborhood and to the existing apartments to the west and northwest of this property; however, sufficient buffering is proposed and depicted on the submitted plan.An additional 10-foot wide buffer will be added along the northern property line to better buffer the parking from the existing hotel and condo properties that are in the OR District. VAB 23rd Street, LLC. Agenda Item 5 Page 3 Although commercial parking lots are not considered the highest and best use for properties in the Oceanfront Resort District,they can be acceptable as interim uses, as long as they adhere to the regulations listed in Section 23-58 of the City Code and provide site improvements that the current parking lot does not have.There is also the possibility that these created parking spaces could be leased as off-site parking for future developments in the Oceanfront Resort District.As an interim use, a five-year time limit is recommended in order to control the prevalence of these lots in the future. This site plan will provide a wide variety of improvements to the site by creating a clearly organized operation, adding pedestrian accommodations with a sidewalk along the property frontage where none exists today,the addition of landscaping to screen parked cars,and fencing to assist in containing those utilizing the commercial aspect of the parking lot.The fencing at the perimeter will be located interior to the landscaping resulting in limited damage to the plant materials from those using the parking lot. This application and project were presented to the Resort Area Commission's Transportation, Pedestrian,and Parking Committee(RAC TPPC)on October 31, 2019 and to the Planning and Design Review Committee(RAC PDRC)on November 5, 2019.The members of RAC TPPC did not take a position on this proposal,offering neither an endorsement nor opposition to the proposed commercial parking lot.A few topics of discussion were hours of operation,gate operation, noise generation, containing movement of those using lot(similar to the parking lot to the east which seems to be working), and stacking of cars entering the lot.The members of RAC PDRC did not have a quorum at their meeting. The applicant is presenting again at the December 3 PDRC meeting. Based on these considerations,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot.The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23'd Street at a location acceptable to Public Works and Parking Management.The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The three existing driveway aprons on 23'd Street shall be repaired to restore curb and gutter. c. A new sidewalk shall be introduced adjacent to on-street parallel parking spaces to meet Public Works Standards and also be designed to tie back into existing conditions. d. A minimum 10'street frontage landscape buffer, measured from the back of sidewalk,shall be installed along 23rd Street. e. A minimum 10' buffer, measured from the common property line shall be installed along common property lines adjacent to OR Zoning. f. A minimum 15'category IV buffer, measured from the common property line shall be installed along common property lines adjacent to Apartment zoning. g. Fencing shall be installed around the perimeter of three sides of the parking lot (North,West, and South), inside of the landscape buffer,except for a single pedestrian ingress/egress and a single gated vehicular ingress/egress, both of which will be located on 23'd Street. Fencing height and design shall be determined during site plan review. 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval.All outdoor lighting shall meet the requirements of Section 6.4 of the Oceanfront VAB 23rd Street, LLC. Agenda Item 5 Page 4 Form-Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate,fencing, lighting fixtures,trash cans, and any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five (5)years from the date of City Council approval. 7. The Commercial Parking Lot shall be staffed by a parking attendant, who shall be on site during all hours of Commercial lot operations. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations Adopted in 2008,the Resort Area Strategic Action Plan (RASAP) is currently undergoing an update. However, many of the guiding principles from the 2008 plan will remain even as the vision and implementation steps evolve. The plan strives to transform the resort area into a year-round,world class urban resort destination that transitions into vibrant diverse neighborhoods. Revitalization efforts have and continue to transform the Resort Area and in the case of parking these efforts are both incremental and codependent. The current RASAP calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow. Natural and Cultural Resources Impacts There are no natural resources or cultural features associated with the site. Traffic Impacts Trip generation activities associated with this development are not a concern since parking is the only activity at the site. Public Utility Impacts Water No water service is needed for this use. Sewer No sewer service is needed for this use. VAB 23rd Street, LLC. Agenda Item 5 Page 5 Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Resort Area Commission—Planning Design Review Committee (PDRC) on November 5, 2019 to discuss the details of the request. There was not a quorum so no action was taken and the applicant will present additional information at the December 3, 2019 meeting. The PDRC voted to approve the parking lot submittal at this meeting. • The applicant/applicant's representative met with the Resort Area Commission—Transportation, Parking, Pedestrian Committee on October 31, 2019 to discuss details of the request. There was neither an endorsement or opposition to the plan.These members have been invited to the December 3 PDRC presentation as well. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. • Zero letters of support/opposition have been received by Staff noting concerns related to this application. RAC (PDRC) voted to support this application. VAB 23rd Street, LLC. Agenda Item 5 Page 6 Proposed Site Layout ( ) I 316 24111 LLC I Coo omaeums Angie s Guest Cottage Complex Or-ar Crave I (ApartmenVftenµd; i (910,410rs _ A24 2ornrg . (OR)on. k.nta, Rental ES I CottageCottage ON Beach Distrct Overlay I __ , I r 1 1: , y \ I / �.I / l • I N ) • Al2.' _ OR Zorwg __ ^I Commercw1 Pa:kog Lot .c I I I I i^'. (Opened 2019 Season) P I I .1 I I I I 1 1 .J i 1 i ( — 1 `_-^I 4 . I r ----';-- I I a; , _.. Mewed on staet Park^;f OA 2 are gas,5, _ trn Knape 'Remo.or RPPP program am a spaces agrg Bus hoMape �" _"' '.L.e. I I rate_ 11 ,J ..,; yiNg 1 [ 9 •. lC� rt. ) s \ _le uFa �` • •' _-1 I I '`C ..... .4.• , �_.._.. 11 . .•mow on..otr.Itto. [ .... 1 I I" ' ., ''.47.7'."....... UNTO, •a ' r;..,.,» • 3"'::.:;_" . :'«......___ .. cow.[rq&01,4 LOT aura �� v .aR1..eww4w r. ww+rwr a.r monk,a sa .,a i•":wf^.v.^ .wawa NOT TN moon,r a: .., VAB 23rd Street, LLC. Agenda Item 5 Page 7 Proposed Site Layout 7-15*WHERE Y m Oa ,SML FCC--� •u'Q It PNN MN WE IC \ — f- \\''\'':,.4;::,!:, 11 i •i/ % „. 'f III - -k 1 I M , • 'f,),,,, Nef AREA ra, (4.://.> 111. ..________, y �� 111141 ii -1 z r 141/ I / 1 > i i /3 SR IJT PIOPC MED OPER E `fr , 9 ,_ Se PPP4 NO,EDP% $5 LRG1 ft REC[PW.IE,m. • , R SWIi CM WPM 3 PCC�.DE[FMB 71 ` +y Ip��/ S<'EMI'.Il1 LEti4 I 7 11 •\----,...,.,. •em: 0 ."I::. • .,..,,,, , " 1 '"-' -- .. , . _ _ TT� i NCO 1 P9OPDSED 5'WOE PWf04O OPER MIL 6411 CROCE 6DEMUt 54.FPO IRM Ma VAB 23rd Street, LLC. Agenda Item 5 Page 8 Site Photos ri j. i ,>< 7bsi .�' v�f .e ii III, --- lam *,` w W " � z e. ...Ire, t " , s - a + to wi , r s s3 .moo! br :2 •*.: ` t" a +.. •�. 3. c 1 k - ems w viitt. 4 VOL xrs R„ VAB 23rd Street, LLC. Agenda Item 5 Page 9 Disclosure Statement VB APPLICANT'S NAME VAB 23rd Street. LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to. the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use ° Compliance,Special Investment Program Changes Exception for SEDIP) Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness _ Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE fOR crry trSi OWtY/Ali 4,s.vstge4 m`:st pr rt attd tiv a..}useais V_ "t ur Page I of 7 "tml_r�COttt:ti=ss-.n 4110 City Cotncd m*t n�it+$pt*tvns to the'61)0<449cm ft i li A�tICANT Houma ou ma or HR -..-r ® NaCHNsxsof A'f 1/6/2020 17-,.e.., c.<<t -, Q Rivn401,6 MAW TIE ______� `_i—-- _,. VAB 23rd Street, LLC. Agenda Item 5 Page 10 Disclosure Statement • 1/13 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Pr A, Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:VAB 23rd Street.LLC If an LLC,list all member's names: Bharat Patel. Manager.Mahershi Patel, Member If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant (Attach list if necessary) See next page for information pertaining to footnotes I and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPLRTY.OWNER IS NOT a corporation, partner h, firm. business,or other unincorporated organization. Q Check here if the PRQPERTY_QW ER IS a corporation,partnership,firm, business,or other unincorporated organization.AtIajfifN,complete the following. (A) List the Property Owner's If an LLC,list the member's names: Page 2 of 7 VAB 23rd Street, LLC. Agenda Item 5 Page 11 Disclosure Statement Nfi3 Virginia Brach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) list the businesses that have a parent subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary- 'Parent•subsidary relationship' means 'a relationship that exists when one corporation dkecly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and local Government Conflict of Interests Act,Va Code S 2 2-3101 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when ll)one business entity has a controlling ownership interest In the oche' business entity, (u)a controlling owner in one entity is also a controlling owner In the other entity,or bill 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 tunas or assets; the business entities share the use of the same offkes or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities See State and Local Government Conflict of Interests Act Va Code 5 2 2.3101 ► SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or Any business 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 Pour 3 VAB 23rd Street, LLC. Agenda Item 5 Page 12 Disclosure Statement APPLICANT Virginia Brach I PROVIDE Ruaddrtionaishe�tsfYES NO SERVICE nredeol 1 Accounting and/or preparer of Terri Slovak CPA — your tax return _ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 11 the Applicant)- identify purchaser I and purchaser's service providers J Any other pending or proposed purchaser of the subject property i (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors 1fiw Construchon l { Engineers/Surveyors/Agents Gallup Surveyors B Engineers.Ltd. Financing (include current TownetSank X l l mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1 Legal Services R Edward Bourdon.Jr. Esq 8' Real Estate Brokers/ IA Agents/Realtors for current and anticipated future sales of the sub r e '.leery L.Bowman,Esq. A SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 VAB 23rd Street, LLC. Agenda Item 5 Page 13 Disclosure Statement Atiommi 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 Aplicaion. } .f Piro`-1-4CP+'Aharat Patel. Manager j0/1j1 AMJCAP(T"S SIGNATURE PRINT NAME DATE / ♦ Page 5 of 7 VAB 23rd Street, LLC. Agenda Item 5 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections bivision,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. VAB 23rd Street, LLC. Agenda Item 5 Page 15 Item#5 VAB 23RD STREET, LLC Alternative Compliance 305,309, 311 23rd Street District—Beach December 11,2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you. Next item is item five, VAB 23rd Street LLC, an application for alternative compliance and property located at 305, 309, 311, and 23rd Street in Beach District. Mr. Bourdon: Again, Madam Chair, members of the Commission for the record Eddie Bourdon, Virginia Beach attorney representing the applicant VAB 23rd Street LLC, Mr. Bharat Patel, who is the principal of the applicant is in attendance. All seven conditions are recommended by staff or acceptable, we appreciate Karen Creech's work on this application as well as Ashby Moss and the members of the PDRC of RAC and we appreciate also the commission placing on the consent agenda. Thank you. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Hearing none Mr. Alcaraz has been asked to read this into the record. Mr. Alcaraz: Thank you. This application for alternative compliance for commercial parking lot. The Oceanfront Resort District Form-Based Code identifies certain areas within the same block as property zoned residential and apartment for only residents uses are permitted. As a result,the applicant is requesting a special exception for alternative compliance in order to operate a commercial parking lot on portion of the property until such time a property is fully redeveloped. The property directly to the west of the parcel also owned by the applicant is zoned A-12 apartment district and is currently an apartment use consisting of 12 units. There's an A-12 apartment zoning along this small portion of the Northern property line, a conditional use permit was approved in 2010 for commercial parking lot on a portion of this site, as well as the property to the east,the commercial parking lot was never developed. The subject site consists of unimproved surface parking areas of asphalt,gravel and grass to residential structures, multiple access drives and at least one RV camper potentially in use. The site has been providing 18 spaces of offsite parking for Ocean's 24 Hotel, a 24-unit hotel located to the east side of Atlantic Avenue. The submitted site layout depicts a parking lot with a total 58 spaces of which these spaces are reserved as handicap and nine spaces are compact, 40 parking spaces approximately 70% of these spaces will be a part of the commercial parking lot, 1 while 18 spaces 30% will be for Ocean's 14. The three existing access drives and curb cuts will be removed. The perimeter of the parking lot will have landscaping introduced on three sides the 23rd Street frontage will consist of a minimum of 10 foot wide landscape strip for the backside walk towards the parking lot. A six foot high fence will be installed adjacent to the parking spaces along the northern property line, a shorter fence currently proposed at 54 inches in height to match the fence associated with the commercial parking lot to the East. The re-configuration of the entrance and removal of the curb cuts will allow for five additional meter spaces to be added to 23rd Street, currently there are four spaces. The Planning Commission recommends approval for consent, thank you. Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the short term rental. The planning commission places the following applications for the conditional use permit for short term rental on the consent agenda as these applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; city council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond:Second. 2 Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine,ten, eleven, fourteen, nineteen, twenty, twenty one twelve and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23rd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The three existing driveway aprons on 23rd Street shall be repaired to restore curb and gutter. 3 c. A new sidewalk shall be introduced adjacent to on-street parallel parking spaces to meet Public Works Standards and also be designed to tie back into existing conditions. d. A minimum 10' street frontage landscape buffer, measured from the back of sidewalk, shall be installed along 23rd Street. e. A minimum 10' buffer, measured from the common property line shall be installed along common property lines adjacent to OR Zoning. f. A minimum 15' category IV buffer, measured from the common property line shall be installed along common property lines adjacent to Apartment zoning. g. Fencing shall be installed around the perimeter of three sides of the parking lot (North, West, and South), inside of the landscape buffer, except for a single pedestrian ingress/egress and a single gated vehicular ingress/egress, both of which will be located on 23rd Street. Fencing height and design shall be determined during site plan review. 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Section 6.4 of the Oceanfront 4. The applicant shall submit a sign package to the Planning Depaitnient, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate, fencing, lighting fixtures,trash cans, and any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five(5) years from the date of City Council approval. 7. The Commercial Parking Lot shall be staffed by a parking attendant, who shall be on site during all hours of Commercial lot operations. 4 5 ' y y i ;ill 14-- / 11-(5.-' '4147 07, 7 „;4k<.,7amitto 1-4 .... 411*-1 ' -...l.,4C. r;j•1, a-. I ', .Aol...11;,,; . „„ .2 '. s :r r (WY ' ' CI . i - 1 ;1 ' el' ' k � i y,. 1,k' � {. {- Q i . Ai Allill *' ram.-'`" � i 40 tN 4.0 N o 0 :-VII 121- 3 co '----H . *\1*'. N l v,.. , , ,L „..4,Viyi,, s ir ,,,,, 4 . . F._ a . . ! Ls\ Z4 41r4441 l 'U ' .11k\-\>' -‘14\\Sit. all . "-ii 4c \''Sz •,4 '•\ /4- );;; 11) 4 CU al N E w (-) c 06141\\1/411-1: o ° c O I O C 114 • a& ll i ...,,, , 1:14., : IV rtit,s S. , _,,,_-/ NO j c%F . 41 iAS �r a is 41, 0.. L� 9C i r 1 �t 71�1�� ✓ � Gie' ` ., c lie ,- _AI.,' rr �" to a , , ti- .� I = t? cy 4 co N a CO A < , ,. .• 0 - . ., DO .......J ,�,.'�g''w y1 S •Si t% � -y .Jl CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: BAILLIO SAND COMPANY, INC. [Applicant] ROBERT W. WHITE JR. & ROBERT W. WHITE SR. FAMILY TRUST [Property Owners] Modification of Conditions (Borrow Pit) on property located on the west side of Princess Anne Lane and Princess Anne Road (GPINs 2403875312, 2403863665), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: January 21, 2020 • Background: In September 2005, the City Council granted a Conditional Use Permit for a 20.53- acre borrow pit located along the west side of Princess Anne Lane. Since this approval, the removal of material from the pit has not proceeded as initially expected. Based on this, the applicant is requesting to modify the Conditional Use Permit to extend the completion of the borrow pit's excavation and restoration by five years, proposing that the excavation be completed by June 2030 and restored by January 2031 . • Considerations: The pit has been operating without incidence and in accordance with the Virginia Department of Mines, Minerals and Energy's regulations. All the conditions of the 2005 Conditional Use Permit are incorporated into the recommended new conditions. There is no known opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The stockpiling of material, overburden, equipment, etc. shall not be permitted within the 100-foot buffer areas depicted on the plan. 2. Operation on Sundays shall be prohibited. Hours of operation shall be 7:00 a.m. until 7:00 p.m. 3. The existing 22-foot-wide lane identified on the plan that runs through the proposed borrow pit expansion area shall be either be relocated or vacated by recorded plat prior to the issuance of any land disturbing and/or excavation Baillio Sand Company, Inc. Page 2 of 2 permits. Evidence of applicant's ability to excavate and eliminate that portion of the lane must be satisfactory to the City Attorney's Office. 4. Prior to any excavation, the developer must obtain an excavation permit from the appropriate City agencies and any other appropriate agencies which may be involved. 5. The excavated area shall be limited to 20.53 acres as depicted on the submitted plan entitled, "Concept Plan Proposed Borrow Pit Expansion for Baillio Sand Company," prepared by Gallup Surveyors & Engineer, Ltd., dated October 3, 2005 and revised November 7, 2019. 6. Excavation of the borrow pit shall be done with a hydraulic dredge when excavating below the water table. No water is to be pumped from the pit nor any other action shall be permitted that would result in a lowering of the water table. 7. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six months. 8. The borrow pit excavation shall not penetrate the confining unit for the deep aquifer. This condition shall take precedence over any other permitted excavation depth in the Conditional Use Permit. 9. Activities on the site shall meet all the requirements identified by the Department of Mines Minerals and Energy. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department/l''9l / City Manager:1V, / / Applicant Baillio Sand Company, Inc. Agenda Item Property Owners Robert W. White Jr. & Robert W. White Sr. Family Trust 2 c.ry0 Public Hearing December 11, 2019 Virginia Beach City Council Election District Princess Anne Request Modification of Conditions (Borrow Pit) Staff Recommendation ill lb Approval r 0 ncip Staff Planner Marchelle Coleman 4011111114111111 t . \`. Location West side of Princess Anne Lane, 299 feet west up of the intersection of Princess Anne Lane and i Princess Anne Road 4II GPINs 2403875312, 2403863665 Site Size 20.53 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District s .•! ' Borrow pit/AG-1 Agricultural,AG-2 Agricultural '' x, �'�, 174 e. •Surrounding Land Uses and Zoning Districts ,„.-• #_ �'°$ North Borrow Pit, single-family dwellings/P-1 a ; _ z i ,' Preservation, R-10 Residential " ''0 , =- _ . South Agricultural land,single-family dwellings/AG-1 _ Agricultural,AG-2 Agricultural East ; . Princess Anne Lane r Agricultural land,single-family dwellings/AG-2 i; ` Agricultural, B-2 Community Business I '' �`- . West s` b Seaboard Road ' ' Single-family dwellings/AG-2 Agricultural, R-20 Residential Baillio Sand Company, Inc. Agenda Item 2 Page 1 Background and Summary of Proposal • In September 2005,the City Council granted a Conditional Use Permit for a 20.53 acre borrow pit which is located along the west side of Princess Anne Lane. The Borrow Pit is a smaller portion of two parcels which are approximately 88 acres combined. • Since the City Council's approval,the removal of material from the pit has not proceeded as initially expected; therefore,the date of closure provided in the 2005 application needs to be adjusted. Based on this,the applicant is requesting to modify the Conditional Use Permit approved in 2005 to extend the completion of the Borrow Pit's excavation and restoration. In 2005,the Borrow Pit excavation was expected to be completed by June 2025 and restored by January 2026.The applicant is now requesting to extend the time by five years, proposing that the excavation be completed by June 2030 and restored by January 2031. • As the excavation and restoration completion time was noted on the approved site plan,granted on September 27,2005,Condition 5 of the Conditional Use Permit is requested to be modified to reference the revised dates. As originally proposed, once excavation is complete,the pit will remain a lake. • As currently operated, on-site operations will continue to be between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No work is performed on Sundays. Zoning History # Request 1 CRZ(AG-2 to Conditional B-2)Approved 06/17/2014 CUP(Bulk Storage Yard with Towing Service) Approved 06/17/2014 2 MOD(Outdoor Recreation Facility)Approved 09/23/2013 •I: *. '� // CUP(Outdoor Recreational Facility)Approved ' `-f°F . P•1' — , AG-2• AG-1 07/07/2009 0! OP A94 ,7', a=• CUP(Firewood Preparation Facility)Approved +�...,�,,,� 08/10/1993 /i� /� � � r` 3 MOD Approved 05/22/2012 �// �t- • �, ' � �� j ' � P' �®�;' 4 MOD Approved 05/22/2012 �, `;13 •i R. o: MOD Approved 06/24/2008 //�rr P• ® CRZ(AG 1&AG 2 to Conditional PD-H2(R-5S), �` i PD-H2(R-7.5), PD-H2(A 12),and B 1A)Approved • b , _�I� 06/13/2006 f A 5 MOD Approved 02/14/2012 � /, CRZ(Conditional PD-H2, R-30, P-1 to Conditional AG•1 - ,+ 4\ PD H2(R 30& P 1))Approved 05/10/2005 CRZ(AG-1&AG-2 to PD-H2(R-30&P-1)) • tt AG-2'. ', Ilk: !t Approved 02/24/2004 �?' X).AG n z G- t• '' °,. •2 CUP(Borrow Pit)Approved 12/10/1991 REZ(R-3 to AG-1&AG-2)Approved 08/27/1986 CUP(Rifle Range)Approved 02/12/1973 6 MOD Approved 10/26/2010 CRZ(AG-1&AG-2 to Conditional R-15)Approved 04/25/2006 7 MOD Approved 01/26/2010 8 CRZ(AG-2 to Conditional R-20)Approved 05/23/2006 Baillio Sand Company, Inc. Agenda Item 2 Page 2 9 CUP(Borrow Pit)Approved 09/27/2005 10 CRZ(Conditional PD-H2(R-30&P-1)to Conditional PD-H2(R-30&P-1))Approved 05/10/2005 STC Approved 02/24/2004 SVR Approved 02/24/2004 CRZ(AG-1&AG-2 to Conditional PD-H2(R-30&P- 1))Approved 02/24/2004 11 STC Approved 05/13/2003 12 CRZ(AG-1&AG-2 to Conditional R-20)Approved 01/14/2003 13 SVR Approved 06/09/1998 14 CUP(Outdoor Recreation Facility)Approved 07/08/1997 CUP(Golf Course)Approved 06/28/1994 15 SVR Approved 07/08/1997 CRZ(AG-1&AG-2 to Conditional R-30)Approved 07/08/1997 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The Modification of Conditions request for the proposed 20.53-acre Borrow Pit is recommended for approval. Staff has examined the proposal and no negative findings have been made.As stated previously,the only modification associated with this request is to Condition 5,which will provide a five-year extension for the excavation and restoration of the Borrow Pit. Staff finds that the modification of conditions for the extension of time for the Borrow Pit excavation and restoration to be acceptable as an interim use.The site will be required to comply with the policies for the Transition Area once the site is developed.The pit has been operating without incidence and in accordance with the Virginia Department of Mines, Minerals and Energy's regulations, per discussions with this agency. Based on these findings and discussion above,Staff recommends approval of the Modification to the Conditional Use Permit for the extension of time. All the conditions of the 2005 Conditional Use Permit are incorporated into the recommended new conditions below.As noted, a revision to Condition 5 regarding the date of closure and restoration is proposed as well as the addition of Conditions 8 and 9 to ensure consistency with the City's Borrow Pit Guidelines. Recommended Conditions 1. The stockpiling of material,overburden,equipment,etc. shall not be permitted within the 100-foot buffer areas depicted on the plan. 2. Operation on Sundays shall be prohibited. Hours of operation shall be 7:00 a.m. until 7:00 p.m. 3. The existing 22-foot-wide lane identified on the plan that runs through the proposed borrow pit expansion area shall be either be relocated or vacated by recorded plat prior to the issuance of any land disturbing and/or excavation permits. Evidence of applicant's ability to excavate and eliminate that portion of the lane must be satisfactory to the City Attorney's Office. Baillio Sand Company, Inc. Agenda Item 2 Page 3 4. Prior to any excavation,the developer must obtain an excavation permit from the appropriate City agencies and any other appropriate agencies which may be involved. 5. The excavated area shall be limited to 20.53 acres as depicted on the submitted plan entitled, "Concept Plan Proposed Borrow Pit Expansion for Baillio Sand Company," prepared by Gallup Surveyors& Engineer, Ltd.,dated October 3, 2005 and revised November 7, 2019. 6. Excavation of the borrow pit shall be done with a hydraulic dredge when excavating below the water table. No water is to be pumped from the pit nor any other action shall be permitted that would result in a lowering of the water table. 7. When the mining is complete,the applicant will redevelop the sides of the pit to a 3:1 slope within six months. 8. The borrow pit excavation shall not penetrate the confining unit for the deep aquifer.This condition shall take precedence over any other permitted excavation depth in the Conditional Use Permit. 9. Activities on the site shall meet all the requirements identified by the Department of Mines Minerals and Energy. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the Transition Area.The Transition Area serves as a unique land use buffer for the low-density Rural Area from the more densely developed Suburban Area by promoting open space and low-density development. Proposed development within the Transition Area should continue the tradition of high-quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines. Non-residential uses in this area should be limited to low-impact and low-intensity with open space and be "neighborhood-serving". Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with the site. Baillio Sand Company, Inc. Agenda Item 2 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 11,950 ADT 1 15,400 ADT 1(LOS 2"D") No Change Anticipated lAverage Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is a two-lane undivided Rural Highway. There are currently no CIP projects scheduled for this section of Princess Anne Road. Public Utility Impacts Water& Sewer The site is not connected to City water or sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on January 17, 2020. Baillio Sand Company, Inc. Agenda Item 2 Page 5 Site Layout ti `¢aytg# g file g ,1 ; I, ,. kill! } F 1 T7 N O r ■ co IQ i$y. 3#; a t ;t •11SY[v 7 $. tx t k t d Y- moo$ +1-.., f �dY 410 . -'‘.--- = :. (*--. F = E at 1 t 0 _i= RYY Fi . F @ N a i 11 /try co d = 1, -; , 14 1 E till g ill of f o w 1 1 e - 4 zt Oil 1 t11i$i O. ' i b 4 k it 0. 0 i 1 I J h 1 i i k, 1, i[ ;1 E,�k « pip1_ 1 g i i3 i ii, : ti! it 0 114,114 ;1 ; 1411 11 A i t 111 iiiil1i;Iii tII I.\ iiet,};x ji1#6e.fa a ;I Baillio Sand Company, Inc. Agenda Item 2 Page 6 Site Photos ,._ d ft a \ f .4., ' ,4 . r< .' sf fr $ �. ....., ;i `�1 .4. 4 4/41/1 • �yd`r 3)(ta a .'ter _, .;'2,n'�'Eyw rFey vG f,stir'' ' `ii 4c y14 ,3. a 'y� k t.,eri.r 0* '�`� - k j t �� SI t' r? t.e,,x , °; "` ek �`';{�'3' ?A f it,' Si: sE :#'a !�f� • , l ji'+l #�/.+''(� v 1r-s, �i @1 `f s¢y, �y��ir.} '`ri { * 4 C! ,7` .s- � 11L , • �{ a .7.'. f }.y T '. T.' J ;_off a•i x. c. � Mgt.,f1 t ,.` .' ' c e,' �.- ia-: ", . �, `` rs 7` si .er 4 _;, .K - tea. F+ . �•'^ -., -- ‘,4 Baillio Sand Company, Inc. Agenda Item 2 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Baillio Sand Company, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 t?' ed two Page 1 of 7 Planning Comm pertains 0 A BPI ICANI NOT IFItD OF HEARIN DA' No CHANCES AS OFDAT, I/5420�j Marchelle L. Coleman REVISIONS SUBMITTED DATE Baillio Sand Company, Inc. Agenda Item 2 Page 8 Disclosure Statement Virginia Beach Check here if the APPLICANT 15 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:Baillio Sand Company, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Catherine B.Werner- President Robert H. Baillio Anne B. Standing (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 • e 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. 0 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:Robert White Jr. If an LLC, list the member's names: Page 2 of 7 Baillio Sand Company, Inc. Agenda Item 2 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship. that exists when(i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity.or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Baillio Sand Company, Inc. Agenda Item 2 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or preparer of Davidson, Doyle&Hilton,MP your tax return Ms.Amy Gallagher Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the AoDlicant) - identify purchaser and purchaser's service providers Any other pending or proposed C 1/ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) mConstruction Contractors I I Engineers/Surveyors/Agents Gaddy Engineering Services Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Morris Fine Real Estate Brokers / n '=' 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 7 Baillio Sand Company, Inc. Agenda Item 2 Page 11 Disclosure Statement :NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been sche/iuled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin of,any public body or committee in connection with this Applicatio . i - -Ant- b(r (I y PPL NT'S SIGNATURE PR NT NAME DATE 1 Page 5 of 7 Baillio Sand Company, Inc. Agenda Item 2 Page 12 Disclosure Statement OWN ER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) // n Accounting and/or preparer of Jones CPA Group-Cathy Ann L I your tax return Wadeau nArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than pi11Z 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 I I Engineers/Surveyors/Agents Gaddy Engineering Services Financing (include current C Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) �/r Legal Services Kaufam&Canoles-Mike Barney 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 6 of 7 Baillio Sand Company, Inc. Agenda Item 2 Page 13 Disclosure Statement :\B 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. PROPEb), � 1c �`` i �"' Obeti Ni4;ii'/,)+�. )frl-) OWNER'S SIGNATURE PRINT NAM DATE Page 7 of 7 Baillio Sand Company, Inc. Agenda Item 2 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Baillio Sand Company, Inc. Agenda Item 2 Page 15 Item#2 Baillio Sand Company, Inc. Modification of Conditions (Borrow Pit) West side of Princess Anne Lane,299 feet west of the intersection of Princess Anne Lane and Princess Anne Road District—Princess Anne December 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you sir. The next item is item two, Baillio Sand Company, Inc., an application for Modification to Conditions of the Borrow Pit located on Princess Anne Road in the Princess Anne District. Please state your name for the record. Ms. Baillio: Anne Baillio Standing. Mr. Weiner: All the conditions acceptable? Ms. Baillio: Yes. Mr. Weiner: Okay. Thank you. Is there any opposition for this item being placed on the consent agenda? Hearing none, Commissioner Horsley has been asked to review this. Mr. Horsley: Thank you Mr. Weiner. First of all, I want to echo Mr. Redmond's comments about Mr. Ripley, Ron and I go back a long way you know. He's always got his computer up here and if we need to look at something, he'll get it on Google Map and we'll look at it from the air right quick and he's a just a wealth of knowledge and the commission is going to really, really miss him but, you'll see him somewhere else, I'm sure in the near future in a better position. And even though we'd like to be in some positions, he doesn't want to be in, but we'll continue to work on that. But I do want to express my appreciation for all that he's done to help us and the City also. In September 2005,the Council granted a Conditional Use Permit for a 20.53 acre Borrow Pit which was off of Princess Anne Road,which was a small parcel of a large 88 parcel Borrow Pit, and the excavation hasn't gone as fast as it was perceived that it would happen. So, they had a closing date to have it closed and restored by 2026 which,you know,back in 2005,that was a long way away,it's not very far away now. So,they have come and requested that they extend this time by five years from 2026 to 2031 for complete restoration. So, it's a pretty simple request and there wasn't any opposition. Staff recommended approval and we agreed, so we put it on consent agenda. Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda has fallen to short term rentals. The Planning Commission places the following applications for the Conditional Use Permit for short term rental on the consent agenda as these 1 applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the applications and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one,two,three,five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose that there are a couple of applications in here, I think specifically five. I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the Towne Bank Advisory Board for the City of Chesapeake and I have a letter on file with the clerk so stating this and the Towne Bank is not the applicant here. And I have no interest in this application. The Planning Commission's recommendations are strictly advisory; City Council makes the final decision. So, I want to disclose that I will be voting on it today. Mr. Inman: I, as well, need to disclose that I'm on the Towne Bank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the Towne Bank of Virginia Beach Advisory Board and I'll adopt all the comments made by Mr. Ripley. I have no interest in the application and Towne Bank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second for the consent agenda? Mr. Redmond: Second. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So, in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine,ten, eleven, fourteen, nineteen, twenty, twenty-one twelve and thirteen, Mr. Tajan. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The stockpiling of material, overburden, equipment, etc. shall not be permitted within the 100- foot buffer areas depicted on the plan. 2. Operation on Sundays shall be prohibited. Hours of operation shall be 7:00 a.m. until 7:00 p.m. 3. The existing 22-foot-wide lane identified on the plan that runs through the proposed borrow pit expansion area shall be either be relocated or vacated by recorded plat prior to the issuance of any land disturbing and/or excavation permits. Evidence of applicant's ability to excavate and eliminate that portion of the lane must be satisfactory to the City Attorney's Office. 4. Prior to any excavation, the developer must obtain an excavation permit from the appropriate City agencies and any other appropriate agencies which may be involved. 5. The excavated area shall be limited to 20.53 acres as depicted on the submitted plan entitled, "Concept Plan Proposed Borrow Pit Expansion for Baillio Sand Company,"prepared by Gallup Surveyors & Engineer, Ltd., dated October 3, 2005 and revised November 7, 2019. 6. Excavation of the borrow pit shall be done with a hydraulic dredge when excavating below the water table. No water is to be pumped from the pit nor any other action shall be permitted that would result in a lowering of the water table. 7. When the mining is complete, the applicant will redevelop the sides of the pit to a 3:1 slope within six months. 8. The borrow pit excavation shall not penetrate the confining unit for the deep aquifer. This condition shall take precedence over any other permitted excavation depth in the Conditional Use Permit. 3 9. Activities on the site shall meet all the requirements identified by the Department of Mines Minerals and Energy. 4 _,ter �^ � " Alb1 r 03 air _. . ��" — s y- 0 0 0 O -- \-Y- N, \ 101 N.,\\.\\\ . '-\\\ \ \ v E w ' ' i 11 \ 6\ '''\ . \, :2 i 7, ', \, \ \\ \\ .\\ \\,,,_____,,,___,,0 it ',., \ ,,,, „ \\,. '°tip _ Q \ \ "\\ - - venue 4-_,, RI C ca i le rite NY"- r (i7 N �" i 4 'i r S �.! iIt -------------- a 0 I 7 4.4: :J./CCy l.i L.�*yy CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: BACK BAY WILDFOWL GUILD T/A ATLANTIC WILDFOWL HERITAGE MUSEUM [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit (Assembly Use) and Modification of Conditions (Open-Air Market) on property located at 1113 Atlantic Avenue (GPINs 2427255317, 2427255322), COUNCIL DISTRICT — BEACH MEETING DATE: January 21, 2020 • Background: The applicant is requesting a Conditional Use Permit for an Assembly Use as an event venue, and a Modification to Conditions to an existing Conditional Use Permit for an Open-Air Market for the operation of food trucks on this City-owned property. The Back Bay Wildfowl Guild operates the Atlantic Wildfowl Heritage Museum in the two-story historic building on this property that is adjacent to the boardwalk. According to the applicant, up to 10 private events per year are proposed in order to provide an additional revenue source for the museum. A Conditional Use Permit for Open-Air Market for a small food vendor was approved by the City Council on October 17, 2017. As this business is no longer operating on the property, the applicant requests to modify the conditions to allow for food trucks associated with the rental of the facility for private events. The proposed events include weddings, reunions, graduations and other celebrations. No structures, such as tents and portable restrooms, will be provided by the applicant, rather the future event holders will contract with businesses to supply these amenities. As the applicant is not requesting any permanent structures or signs, a Certificate of Appropriateness is not required to be obtained from the Historical Review Board. Per the Zoning Ordinance, zero on- site parking spaces are required. Users of the facility will use the municipal parking garage on 9th Street, on-street parking, and nearby commercial parking lots. • Considerations: The proposed Conditional Use Permit is consistent with the land use policies for the Resort Area Strategic Growth Area of the Comprehensive Plan, as it provides and enhances cultural activities at the museum and the resort. The proposed rental of the venue will also provide an additional revenue source to help sustain the continued success of the museum for the benefit of residents and visitors to Virginia Beach. As there are only hotels on the adjacent properties and not residences, there is no recommendation to limit the number of events each year. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Page 2 of 3 The Modification of Conditions for the Open-Air Market to allow food trucks associated with the private events is deemed acceptable. A condition is recommended limiting the food trucks only in conjunction with the private rental of the facility for events. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Conditional Use Permit (Assembly Use) 1. The use of the site shall substantially conform to the Proposed Site Layout exhibit on page six of this report as exhibited to City Council and is on file with the Planning & Community Development Department. 2. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 3. All necessary permits shall be obtained prior to the event for temporary tents or other structures, as required by the Virginia State Building Code. 4. All lighting, temporary or permanent, related to events held on the subject property, shall be directed downward and towards the interior of the site and contained such that the source of light shall be shielded from view from any area outside of the property. 5. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 6. The tent(s) and portable restrooms shall be removed from the site within 24 hours of the end of an event being held. 7. The use of speakers or monitors shall be prohibited between the hours of 11:00 p.m. and 9:00 a.m. 8. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. Modification of Conditions (Open-Air Market) 1. All conditions of the Conditional Use Permit for Open-Air Market dated October 17, 2017 are null and void. 2. Food trucks shall only be allowed in association with private events. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Page 3 of 3 3. The location of the food trucks shall not be permitted in the public right-of-way and shall be limited to the area depicted on page six of this report. 4. Any outdoor storage of materials associated with the Open-Air Market Use shall be prohibited. 5. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -R9/7Submitting Department/Agency: Planning Department City Manager: /M t, BApplicant Back Bay Wildfowl Guild T/A Atlantic Wildfowl Agenda Items Heritage Museum Property Owner City of Virginia Beach 7 & 8 Public Hearing December 11, 2019 Virginia Beach City Council Election District Beach Requests _ #7 Conditional Use Permit (Assembly Use) rem vow....Ali \, #8 Modification of Conditions (Open-Air �► 11 Market) . ISO 1014 \C- Staff Recommendation ,,;1dogs , Approval Staff Planner r- lea Jonathan Sanders ` w 1 eg \ Location WOWO 1113 Atlantic Avenue 10 1 GPINs 1 2427255317, 2427255322 Oa Y i \,, Site Size ._.—Oli i`" _ : f- ,. 15,651 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Museum /OR Oceanfront Resort (Historic & ^# 1Y Cultural Overlay) �, ... IP Surrounding Land Uses and Zoning Districts 4 ' `— � 1%1+ I r }t North a�..- ,,-_ irs.- - � -1 Pedestrian right-of-way r- . Hotel/OR Oceanfront Resort " ' .a 0 South `s --; ; Hotel/OR Oceanfront Resort '4 __, 71A \� East '`` 1 1 Boardwalk & beach ,: ii' :- West t Atlantic Avenue ak , / x Mixed retail/OR Oceanfront Resort cs z, i ! , Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 1 Background and Summary of Proposal • This request is for two Conditional Use Permits to allow event at the Atlantic Wildfowl Heritage Museum.A Conditional Use Permit for an Assembly Use as an event venue, and a Modification to Conditions to an existing Conditional Use Permit for an Open-Air Market for the operation of food trucks is proposed by the applicant on this City-owned property. • The applicant is seeking a Conditional Use Permit for an Assembly Use on the property and within the City- owned deWitt Cottage, which is leased to applicant.The Back Bay Wildfowl Guild operates the Atlantic Wildfowl Heritage Museum in the two-story historic building on this property that is adjacent to the boardwalk. In June of 2017,the City Council created the deWitt Cottage Historic and Cultural Overlay District to maintain the historic integrity of the property.According to the applicant, up to 10 private events per year are proposed in order to provide an additional revenue source for the museum. • As the applicant is not requesting any permanent structures or signs, a Certificate of Appropriateness is not required to be obtained from the Historical Review Board. It should be noted that prior to operation of the Assembly Use,the museum will be required to modify the current lease agreement with City. • A Conditional Use Permit for Open-Air Market for a small food vendor to seasonally operate on the site was approved by the City Council on October 17, 2017. As this business is no longer operating on the property, the applicant requests to modify the conditions of the Open-Air Market to allow for food trucks associated with the rental of the facility for private events. • The proposed events include weddings, reunions,graduations and other celebrations within the deWitt Cottage and on the grounds. The proposed hours for the events are between 12:00 p.m.to 12:00 a.m., Fridays through Sundays. • No structures, such as tents and portable restrooms,will be provided by the applicant, rather the future event holders will contract with businesses to supply these amenities.A concept plan is provided with the location of various activities proposed on the site. • One unisex restroom exists within the deWitt Cottage. Building code limits occupancy within the two-story museum to 15 persons. The cottage will not be modified to increase additional restrooms. As such,the concept plan depicts the recommended location of portable restrooms in order to allow for the increased occupancy for events. • The concept plan also depicts the portable tent(typically 20-foot by 40-foot) location on the existing lawn area. • Per the Zoning Ordinance,zero on-site parking spaces are required for properties east of Pacific Avenue in the Oceanfront Resort Zoning District.There are four parking spaces on site, and the applicant submitted a parking strategy stating that users of the facility who will drive to events can conveniently use the municipal parking garage on 9th Street, on-street parking in the vicinity, nearby commercial parking lots,and other vehicle rideshare services. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 &8 Page 2 1 Q? OR Zoning History 1losu°°` # Request 1 CUP(Open-Air Market)Approved 10/17/2017 ORD(Historic District)Approved 06/02/2017 2 u o 2 CUP(Outdoor Recreation)Approved 10/27/1992 t 1 111hLtaii`+u°°L.. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit request for an Assembly Use is consistent with the land use policies for the Resort Area Strategic Growth Area of the Comprehensive Plan, as it provides and enhances cultural activities at the museum and the resort.The proposed rental of the venue will provide an additional revenue source to help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents of and visitors to Virginia Beach. As up to 10 events are proposed next year, and there are only hotels on the adjacent properties and not residences, Staff has not conditioned a limit on the number of events each year. The Modification of Conditions request for the Open-Air Market to allow food trucks associated with private events is acceptable. Staff has recommended a condition to limit food trucks operating on the site only in conjunction with the private rental of the facility for events. Based on the comments above, Staff recommends approval of these requests subject to the conditions below. Recommended Conditions Conditional Use Permit(Assembly Use) 1. The use of the site shall substantially conform to the Proposed Site Layout exhibit on page six of this report as exhibited to City Council and is on file with the Planning& Community Development Department. 2. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 3. All necessary permits shall be obtained prior to the event for temporary tents or other structures, as required by the Virginia State Building Code. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 &8 Page 3 4. All lighting, temporary or permanent, related to events held on the subject property, shall be directed downward and towards the interior of the site and contained such that the source of light shall be shielded from view from any area outside of the property. 5. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 6. The tent(s) and portable restrooms shall be removed from the site within 24 hours of the end of an event being held. 7. The use of speakers or monitors shall be prohibited between the hours of 11:00 p.m. and 9:00 a.m. 8. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. Modification of Conditions(Open-Air Market) 1. All conditions of the Conditional Use Permit for Open-Air Market dated October 17, 2017 are null and void. 2. Food trucks shall only be allowed in association with private events. 3. The location of the food trucks shall not be permitted in the public right-of-way and shall be limited to the area depicted on page six of this report. 4. Any outdoor storage of materials associated with the Open-Air Market Use shall be prohibited. 5. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area (SGA).The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for this SGA and identifies the potential for three distinct yet complementary districts: Laskin Gateway, Central Beach and Rudee Marina.The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life, the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 4 Natural and Cultural Resources Impacts This site is located in the Atlantic Ocean watershed.The property is the site of deWitt Cottage and City Council created the deWitt Cottage Historic and Cultural District in June of 2017. The deWitt Cottage is listed in the Virginia Landmarks Register and the National Register of Historic Places. It was constructed on the site in 1895 by B.P. Holland, the first mayor of Virginia Beach. The building is currently being used as the Atlantic Waterfowl Heritage Museum.This parcel also contains Virginia Beach's first library building, which was moved to the site in 2002. It was constructed prior to 1930. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Atlantic Avenue 6,500 ADT 1 12,500 ADT 1(LOS 2"C") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc. on December 5, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 5 Proposed Site Layout ` ` _ t81 "' max_ -- --., �_� ,,..✓-'yam i i Ilvk BOARDWALK • •- _r TWO-STORY 4. + t MUSEUM . g d. i 5. '' x• TENT AREA A , t iI % ', '• '‘ STAGING& » FOOD TRUCK Z 1 AREA C it Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 &8 Page 6 Site Photos �•,, Lam• _"° ,�_. -..- ^. og �ti �� l«rt�� -z-.gym. '' s x tz 1.' 7, ( i \ }.� `' 'i,- ,a a r "-ice 6m _ " 111111 :, �` t -•vK x rig,-:. ._.. 3e ?it -'. 'h1: ,k r't - i- ... . . . ., .,.....„,,,,„. _ ....______ :.._, . . r..1 ! .ter 1 1� 1 _.�` •,_ f� _ ....., ... .. ..--elA-.., sue'; -t-,"r` 111111r:'�� 4 { .. , 0 —` - _ii n t • r.. R.. --'- Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 7 Disclosure Statement 111/4/113 APPLICANT'S NAME Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritar Mos .Uin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board I 1 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ❑ 5'ft R AN, rtl•!;C)oi r1} t}..,.(. k s,AticLS AS Of i/g/Zo ! JS J 0+'> +hc n Se.rrd e_c Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 &8 Page 8 Disclosure Statement 1//3 \irginia Beach E Check here if the APPLICANT IS. NOT a corporation, partnership, firm, business, or other unincorporated organization. (nl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Back Bay Wildfowl Guild,Inc.t/a Atlantic Wildfowl Heritage Museum 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) Please see the attached list. (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Shore Gallery&Design BB&T Bank Tinkham Law Firm Jennifer Smith,CPA See next page for information pertaining to footnotes t and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. In 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:City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 9 Disclosure Statement Virginia R-ai It If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than p. parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 &8 Page 10 Disclosure Statement 1/43 APPLICANT Virginia Beach YES 1 [NO1 SERVICE 1 PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return X Architect /Landscape Architect / Land Planner Contract Purchaser(if other than IAthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers/Surveyors/Agents Financing (include current C j mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/ X Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 11 Disclosure Statement 1113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this Application. WtickeL_ Charles L. Hightower 8/19/2019 APPLICANT'S SIGNAT PRINT NAME Y DATE Page 5 of 7 Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 12 Disclosure Statement Ihri3 OWNER Virginia Beach YES NO SERVICE - 1 PROVIDER(use additional sheets if needed) QAccounting and/or preparer of your tax return nl .U Architect/Landscape Architect/ Land Planner U Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n El purchaser of the subject property L-) (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders El j selected or being considered to provide financing for acquisition or construction of the property) ❑ © Legall Services S 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 ❑ RI an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 &8 Page 13 Disclosure Statement \13 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 eting of any public body or committee in connection with this Application. O PROPERTY OWNER'S SICNATU PRINT NAME DATE Page 7 of 7 Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 14 Disclosure Statement Board of Directors Atlantic Wildfowl Heritage Museum I. President—Jason Seward hudsonoutdoors(crgmail.com 4009 Old Forge Road Virginia Beach,VA 23452(410)463.5483 Married, 1 daughter,graduated Regent University;Masters of Education,Higher Education/Student Affairs. Employed by Virginia Wesleyan University,Assistant Vice President for Student Affairs,Dean of Freshmen(July 2013-Present),Serve as Deputy Title IX Coordinator(January 2013-Present),Serve as Director of the Jane P.Batten Student Center(January 2009-Present) 2. Vice-President—Wayne Jarman jarman,'a cox.net 2408 Tarkington Court North,Chesapeake,VA 23322-2271 (757)421-2157 Married(44 years)Retired Construction Manager,City of Chesapeake,VA,Department of Public Works(30 years)Licensed/Bonded VA Auctioneer(VAA#3303) Past Chairman&Vice-Chairman,Chesapeake Storm Water Committee District Chairman&VA State Council Member,Ducks Unlimited Past Major Donor Campaign Chairman,Eastern Region, Ducks Unlimited Adult Volunteer,Virginia Beach 4-H Club 3. Secretary—Jim Mehne twodshorc:raol.com 11443 Harmanson Circle,Machipongo,VA 23405-1905(757)802-0954 Married,graduated from University of Louisville,B.A.Political Science&M.B.A. Retired;Diverse career path in Automotive Production,Advertising,Recruiting,and Retail. 16 years as a Ghost Writer. Graduate Teaching Fellowship Licensed Field Judge—American Kennel Club Past President of the Virginia Retriever Club 4. Treasurer--Larry Davenport Larrvdavenport(wcox.net 601 Croatan Ct Virginia Beach,VA 23451 (757)428-3348 Married,2 sons,4 grandchildren Old Dominion University: B.S. Finance;MBA Finance Retired CFO/Treasurer/Senior Executive Vice President Trustee/Board: PFM Funds Audit Committee(Citizen Member): Virginia Beach School Board. 5. Director—Tom Richards richardstr cox.net 3638 Collins Lane,Virginia Beach,VA 23452(757)348-6791 Married,No Children,graduated Villanova University;B.A.Biology/Chemistry Retired U. S,Naval Officer(former Navy SEAL)(30 years)and U. S,Government Contractor;Vice President of Juliet Marine Corp. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7&8 Page 15 Disclosure Statement 6. Director—Jeff Tinkham tinkham(dcox.nct icfi%ii-tinkhamlaw.com 1042 Algonquin Road,Norfolk,VA 23505(757)640-0020 Past President,Married,two sons,graduated from University of Richmond,B.S. Business Administration.University of Virginia J.D.Law School. Owner,Tinkham Law Group,P.C.(Business&Commercial Real Estate) Former President,Norfolk Sunrise Rotary Club, Vice-President, Algonquin Park Civic League, Elder, Second Presbyterian Church,Norfolk,Former Board Member Tidewater Red Cross.Director—Vacant 7. Director—Jim Briggs mauoinbriggs(dgtnail.com 521 Kerry Lane Virginia Beach,VA 23451 President and owner of J.M. Briggs, Inc. Founded in 1972 Married with two sons and two grandsons Attended Virginia Beach High School,Frederick Military Academy Graduated Old Dominion University/Degree in Secondary Education Served 6 years in Virginia National Guard. Member of Lynnhaven bodge 220 Served on Board of Directors at Princess Anne Country Club Served as Deacon at First Presbyterian Church Served previously on Board of Directors Back Bay Wildfowl Guild Presently involved in the management and operations of J.M.Briggs. Inc. 8. Director—Parke Atkinson parkeatkinsonigmail.com 5718 Dawson Road,Virginia Beach,VA 23451 (757)709-1990 Married,no children,one yellow lab Graduated from The University of Virginia B.A.Environmental Sciences Owner of local moving and disposal franchise"College H.U.N.K.S.Hauling Junk& Moving" 9. Director—William Mason Walsh,Jr A.I.A.hush 13'a verizon.net 3128 Bray Road,Virginia Beach,VA 23452(757)498-9410 Married,two sons,five grandchildren graduated,University of Virginia,B.A.Architecture Virginia State License#0401002489,Member Emeritus,American Institute of Architecture,Member of City of Virginia Beach Historic Review Board. Chairman of Exhibits for the Whalehead Museum Preservation Trust Retired Member of Chrysler Museum Advisory Board 10.Director-Mark Cromwell cromvell.0 e\ergreenvb.com 808 Costa Grande,Virginia Beach,VA 23456(757)721-2746 Married,two grown children,graduated Old Dominion University 1982 MBA Owner/President of Evergreen Property Management.Antique Decoy Collector Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 &8 Page 16 Disclosure Statement 11.Museum Director—Charles L.(Lynn)Hightower directortaatwildfowl.org 913 Old Dominion Lane,Virginia Beach,VA 23451 (757)286-3092 Married,two daughters,two grandchildren Graduated Troy University,M.S.Criminal Justice Administration Retired law enforcement officer and administrator(42 years) Past President of Stopabuse,Member of National Exchange Club, Retired Member of the Chesapeake Bay Preservation Board Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7 & 8 Page 17 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. Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Agenda Items 7&8 Page 18 Items #7 & 8 Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum Conditional Use Permit(Assembly Use) Modification of Conditions (Open-Air Market) 1113 Atlantic Avenue District—Beach December 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you sir. The next item is items combined together seven and eight Back Bay Wildfowl Guild, an application for a Conditional Use Permit for Assembly Use and Modification for Conditions for an Open Air Market in the Beach District. Mr. Hightower: My name is Charles Hightower. I'm the director of the Back Bay Wildfowl Guild trading as the Atlantic Wildfowl Heritage Museum, and we are in agreement with all of the conditions enumerated. Mr. Weiner: Thank you, sir. Is there any opposition to this being on the consent agenda? Hearing none, Mr. Alcaraz has been asked to read this into the record. Mr. Alcaraz: Agenda number seven and number eight are requests for two conditional use permits to allow events at the Atlantic Wildfowl Heritage Museum, a Conditional Use Permit for an Assembly Use as an event venue and a modification to conditions to an existing Conditional Use Permit for an Open Air Market for the operation of food trucks is proposed by the applicant in the city-owned property. The applicant is seeking a use permit for a similar use on the property within the city owned deWitt Cottage which is leased by the applicant. The Conditional Use Permit for Open Air Market for small food vendor seasonal operate, was approved by City Council on October 17, 2017 as this business is no longer operating the property, the applicant request to modify the conditions of the open air market to allow for food trucks associated with rental facility for private events. The proposed events include weddings, reunions, graduations and other celebrations within the deWitt Cottage on the grounds, the hours will be from 12 p.m. to 12 a.m. Friday through Sundays. No structures such as tents and portable restrooms will be provided by the applicant, rather, future event holders will contract with businesses to supply those amenities. The concept plan also depicts a portable tent typically 20 x 40 feet, located on the lawn area. Planning Commission recommends approval with the recommended conditions. Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the short term rental. The Planning Commission places the following applications for the Conditional Use Permit for Short Term Rental on the consent agenda as these 1 applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the City of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; city council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond:Second. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine, ten, eleven, fourteen, nineteen, twenty, twenty one twelve and thirteen, Mr. Tajan. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS Conditional Use Permit (Assembly Use) 1. The use of the site shall substantially conform to the Proposed Site Layout exhibit on page six of this report as exhibited to City Council and is on file with the Planning& Community Development Department. 2. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 3. All necessary permits shall be obtained prior to the event for temporary tents or other structures, as required by the Virginia State Building Code. 4. All lighting, temporary or permanent, related to events held on the subject property, shall be directed downward and towards the interior of the site and contained such that the source of light shall be shielded from view from any area outside of the property. 5. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 6. The tent(s) and portable restrooms shall be removed from the site within 24 hours of the end of an event being held. 7. The use of speakers or monitors shall be prohibited between the hours of 11:00 p.m. and 9:00 a.m. 8. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. Modification of Conditions (Open-Air Market) 3 1. All conditions of the Conditional Use Permit for Open-Air Market dated October 17, 2017 are null and void. 2. Food trucks shall only be allowed in association with private events. 3. The location of the food trucks shall not be permitted in the public right-of-way and shall be limited to the area depicted on page six of this report. 4. Any outdoor storage of materials associated with the Open-Air Market Use shall be prohibited. 5. The use shall be in operation only between 8:00 a.m. and 12:00 a.m. 4 triW v5- \,,,,,‘ -- \ \ _.\\ . • I s 1 ,i .._ V." .,,,,„\\\ . .... ... / \ 0 ,,,-,› ,.,..A \., a law 0 i } S 1) ,,.�1 tiy�l \\>r Z (:,, IN,,111/47' ,,'.'..-.--..:-' 4:/—...\\ ,... .., s, \ ,..*\.\ \\ - --pts4 . • wo el 1.1.)ri \ . '. ..,-'--:::. ' '-' ' , iikj CD 6. . i''''''''' \\,,,,..4%. .. Z -, -- \ --;_.,,,,:, \ ..--- .:J_- gi i ; , ,fir` .\ .-ram.- A, Q j o- ..1 i 40 0 75 3 Cf) Cf) Nono Ct. m , e .„ -' V - ) ..„ i ui as'.. y..gg L...,....„ t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KIM SMITH [Applicant] FOURTEEN FORTY, LLC [Property Owner] Conditional Use Permit(Tattoo Parlor) on property located at 1440 N. Great Neck Road, Suite D (GPIN 2408195434), COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: January 21, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor for permanent makeup, known as microblading, within a single room of a proposed 1 ,900 square foot salon. The salon will be located within a rear unit of a mixed retail building along N. Great Neck Road. No exterior changes are proposed to the building or to the existing signage. • Considerations: The proposed request is an acceptable use as it will be compatible with the other existing commercial businesses along N. Great Neck Road. Other salons in Virginia Beach have successfully incorporated microblading services without incident. There is no known opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Kim Smith Page 2 of 2 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 7iL_- Applicant Kim Smith Agenda Item Propertybli Hearing OwnerDecember 11 Fourteen Forty2019, LLC likbow `� Puc , • City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation "` Approval 4d0 ‘ -3`-:!:,..---1,.-:_- Staff Planner Jonathan Sanders r t l Location ` 1440 N. Great Neck Road, Suite D e E N —ie. 1 GPIN ` 2408195434 4. ---A t =` .. illk le Site Size 37,344 Square Feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay . - Existing Land Use and Zoning District $" • { ''''• Restaurant,florist/ B-2 Community Business ' *� , * _� fps Surrounding Land Uses and Zoning Districts 4 S ,. North ' , , Single-family dwellings/ R-10 Residential la t ° '' South ,s k Mixed retail/ B-2 Community Business '., ,# East �'‘' � �,' f�, Single-family dwellings/ R-10 Residential ti,, ;;t ...q ; West INN, , . ° - _ i N. Great Neck Road •- ,- >> . ' 4, ' 'k Church/ R-10 Residential A A 1�' A:1 x, Kim Smith Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit in order to operate a Tattoo Parlor for permanent makeup, known as microblading, within a single room within a proposed 1,900 square foot salon. The salon will be located within a rear unit of a mixed retail building along N. Great Neck Road. • According to the application, only one employee is anticipated in association with the microblading business. • The typical hours of operation have been identified as between 9:00 a.m.to 5:00 p.m., Monday through Saturday. • No exterior changes are proposed to the building or to the existing signage. R 10 3 Zoning History # _ Request of , ° 1 CUP(Church Addition)Approved 12/12/2000 9 2 CUP(Automobile Repair)Approved 06/08/1992 3 SVR Approved 09/09/2003 1 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The request for the Conditional Use Permit for a Tattoo Parlor is, in Staff's opinion, acceptable given that the use will be compatible with the other existing commercial businesses along N. Great Neck Road. Other salons in Virginia Beach have successfully incorporated microblading services without incident. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. Kim Smith Agenda Item 1 Page 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and in the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site, as it is developed with a shopping center and asphalt parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N. Great Neck Road 45,800 ADT 1 55,000 ADT 1(LOS 2"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Kim Smith Agenda Item 1 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Kim Smith Agenda Item 1 Page 4 Site Layout . ....„, Of ' *717' 444**,,,. ' . Al )0 -'' , - ' '''\L-ct t ,...____ 4. , , . „ , -, .... , ....--- ,.. . , .,„„i„.., - ., . ,,, - „,_ . , ,,,- ,,,.._ , , 4 ,� r } , •' `. fig. .5 4 f.. ,' 4. r � iAO ' • At A F'lie#}k ' . ' . s. v y `� <ia ' ' ' aa' "T _g Yt. 3 4 y!F I p , +teal ' 3 *Sit". �? .s tit ii a s14 R Kim Smith Agenda Item 1 Page 5 Site Photos t . '1u'st. _ x i + y; y ; e rllftf!S1 IIf r! .i . arr _ .� y -4arm a 3 - - - -F" -..*- '-'. '-4:4 ' ''''' ' - -.----''' .' ' ' is Flowers LAB . _, ._:: iii, , 1 .ill1 1 itAR as ,fl II______ „ __ I 1 •.. .-_ -..,.:„.---, / ., „____ . ,Utibia._,r„,. — .....--- 4.00- Ate, W __ . -_,,,,— Kim Smith Agenda Item 1 Page 6 Disclosure Statement 1110 lr ini i I3Cat'I, APPLICANT'S NAME Kim Smith DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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; be updated two(2)we- ,or to ar,. Page 1 of 7 nni?gig Comr-tts ion ., -et rng that pertains tr rr• APPLICANT NOI lI ILD Of tIEARING /zo NO CHANCES AS OF k/ $ is JanAA 1 st,.4J e,rs REVISIONS SUBMITTED Kim Smith Agenda Item 1 Page 7 Disclosure Statement \33 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: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 ♦ ♦ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck 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:Fourteen Forty, LLC If an LLC, list the member's names:Jerry Bryan Page 2 of 7 Kim Smith Agenda Item 1 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act. Va. Code §2.2-3101. 2 "Affiliated business entity relationship means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Kim Smith Agenda Item 1 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I Accounting and/or preparer of Dawn Kroboth your tax return l l Architect/ Landscape Architect/ Ed Pawlowski 1 1 Land Planner Contract Purchaser(if other than IXthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed • RIpurchaser of the subject property VN (identify purchaser(s) and purchaser's service providers) • piConstruction Contractors Virginia Drywall rgEngineers /Surveyors/Agents Financing (include current ❑ v mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / Dean Martin • El 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 ❑ F an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Kim Smith Agenda Item 1 Page 10 Disclosure Statement Virgiui:,I ;-I 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 healing, 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. x APPLICANT'SSIGNATURE 4h4.1^ ..PRINt NAME `l1 S �1../ ^P .I . ICI r t , DATE, Kim Smith Agenda Item 1 Page 11 Disclosure Statement OWN ER Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if J needed) ❑ Accounting and/or preparer of your tax return IXArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Aoolicant) - 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) Cxi Construction Contractors I I z Engineers/Surveyors/Agents Financing (include current ❑ T mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ T Legal Services Real Estate Brokers / C ® 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 6 of 7 Kim Smith Agenda Item 1 Page 12 Disclosure Statement Virginia%nod, CERTIFICATION: 1 ettify that all of the information contained in this Disclosure Statement Form is anplete,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. pROFrRf y nWNER S S%GNATURt PRIN 1 NAAMC J l44,! f>•:f 15/1715 Pay. 7 of 7 Kim Smith Agenda Item 1 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Kim Smith Agenda Item 1 Page 14 Item#1 Kim Smith Conditional Use Permit (Tattoo Parlor) 1440 N. Great Neck Road, Suite D District—Lynnhaven December 11,2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Madam Chair, today we have seven items on the consent agenda. The first is item one. It's an application for Kim Smith for a Conditional Use Permit for Tattoo Parlor on property located at 1440 North Great Neck Road Lynnhaven District. Do we have an applicant for this item? Come up front here, please. State your name for the record, please. Ms. Smith: My name is Kimberly Smith. Mr. Weiner: Are all the conditions acceptable? Ms. Smith: Yes. Mr. Weiner: Okay. Great,thank you. You can have a seat. Is there any opposition to this being placed on the consent agenda? Hearing none, Commissioner Graham has been asked to review this. Mr. Graham: Thank you, Commissioner Wiener. Agenda item number one is a request for Conditional Use Permit for a Tattoo Parlor located at 1440 North Great Neck Road. The applicant is requesting a Conditional Use Permit in order to operate a tattoo parlor for permanent makeup known as microblading within a single room within a proposed 1900 square foot space, the salon will be located within the rear unit of a mixed retail building along North Great Neck Road. Only one employee is anticipated in association with the microblading business. There is no known opposition to this application. Other salons in Virginia Beach have successfully incorporated microblading services without incident. For these reasons, the Planning Staff has recommended approval and we do as well. Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the short term rental. The Planning Commission places the following applications for the conditional use permit for short term rental on the consent agenda as these applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, 1 I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; city council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond:Second. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order,items number nine,ten, eleven, fourteen, nineteen, twenty, twenty one twelve and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT 2 GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 3 :7,.: _ lL O N • 0 u7 . O O a N O ________I f.._17 } __ ..1%\\ \\, - 'c u) tom, \ c 4 r = > t! T CCDU ammo ,..„_ii .,...H $111•1 M 3 ____ II Z I- __ O In i v TA 4 V CD v J //E, in vt NJ a m • rj't�U BPj 4,4 1s3 LPL y� ��a"s It:iyy� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NOUREDDINE HOUSSNI [Applicant] NEWTOWN THURSTON, LLC [Property Owner] Conditional Use Permit (Automotive Repair Garage) on property located at 5900 Thurston Avenue, Suite G (GPIN 1459931541), COUNCIL DISTRICT — BAYSIDE MEETING DATE: January 21, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate an Automotive Repair Garage within a 4,000 square foot unit of an existing industrial warehouse building located in the Airport Industrial Park. The applicant performs engine services and transmission repairs and was unaware of the need for a Conditional Use Permit; therefore, he has submitted the request to rectify the code violation. The applicant is also a wholesaler, primarily working on vehicles from auto auctions. Finished vehicles are sent to a car lot owned by the applicant in Norfolk. There will be no significant modifications to the site or exterior of the building. • Considerations: The proposed request is an acceptable use as it will be consistent with the Comprehensive Plan's land use policies for the Burton Station Strategic Growth Area Master Plan, which recommends flexible light industrial/office space uses in the Airport Industrial Park. The majority of land in the vicinity is zoned for industrial uses. There is no known opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. Noureddine Houssni Page 2 of 2 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department--PO City Manager: lXIL Applicant Noureddine HoussniNB Agenda Item Property Owner Newtown Thurston, LLC Public Hearing December 11, 2019 City Council Election District Bayside 6 Virginia Beach Request Conditional Use Permit (Automotive Repair if f Garage) Staff Recommendation J, iA pp A royalle II, l gniStaff Planner Jonathan Sanders Oil Location 5900 Thurston Avenue, Suite G GPIN 1459931541 Site Size ' 1.50 acres ,` r,/-. ..441.7---si / „�, .AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District , Industrial warehouse/ I-1 Light Industrial itt g eitn ",' - t` Surrounding Land Uses and Zoning Districts ,.,,, :f :1 I : North _ Office, industrial warehouse/ I-1 Light Industrial ,;;%, t. _ . South / t r ' s t Ia Thurston Avenue '; J . ' 7 Industrial warehouse/ I-1 Light Industrial -, 1.' East y--"es , R Industrial warehouse/ I-1 Light Industrial - { t West ., , �. - • t 4,41 Industrial warehouse/ I-1 Light Industrial t ,� 1116. '',t ,t 1- a fi ■� I - t. 3 Noureddine Houssni Agenda Item 6 Page 1 Background and Summary of Proposal • The site within the Airport Industrial Park is currently developed with a 24,000 square-foot industrial warehouse building with six 4,000 square foot units. The applicant, a tenant in the northern unit of the building, was unaware of the need for a Conditional Use Permit; therefore, the applicant has submitted a request for a Conditional Use Permit for Automotive Repair Garage to rectify the code violation. • According to the application, the garage performs engine services and transmission repairs. All work is done inside the unit. The applicant is a wholesaler, primarily working on vehicles from auto auctions. Finished vehicles are sent to a car lot owned by the applicant in Norfolk, Virginia. • There will be no significant modifications to the site or to the exterior of the building. • The typical hours of operation are 9:00 a.m. to 6:00 p.m., Monday through Saturday. Two employees work at the site at any one time. • There are 35 off-street parking spaces on the site. The Zoning Ordinance requires four parking spaces for the proposed Automotive Repair Garage. Sixteen parking spaces are provided for the remaining five units, thereby meeting the minimum parking requirement of 20 parking spaces. 2 I-1 Zoning History r Iv \ # Request 1 CUP(Automobile Repair Garage)Approved 03/02/2016 2 CUP(Communications Tower)Approved 05/27/2014 fri3 3 CUP(Repair Garage)Approved 04/09/2013 4 CUP(Bulk Storage of Motor Vehicles)Approved Taunton Avenue 01/10/2012 It Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The request for the Automotive Repair Garage is, in Staff's opinion, consistent with the Comprehensive Plan's land use policies for the Burton Station Strategic Growth Area Master Plan, which recommends flexible light industrial/office space uses in the Airport Industrial Park. The majority of the land in the vicinity is zoned for industrial uses. As stated previously, no changes are proposed to the building. The parking provided on-site meets the requirements of Section 203 of the Zoning Ordinance as there are 15 surplus spaces provided. Based on this, Staff recommends approval of this request, subject to the conditions below. Noureddine Houssni Agenda Item 6 Page 2 Recommended Conditions 1. A separate permit from the Department of Planning &Community Development is required for any new signage installed on the site. 2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. S. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Burton Station Strategic Growth Area (SGA). The master plan was updated in November 2018 to address changes over the past decade within the SGA. This site is designated as light industrial/flexible office on the land use plan. Land uses sought for this area are recommended to be compatible with the adjacent airport as well as with commercial and residential uses found in the SGA.Typical uses include any combination of office, indoor or properly screened outdoor storage, and distribution or manufacturing that does not generate excess noise or emissions. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site. Noureddine Houssni Agenda Item 6 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Thurston Avenue 4,350 ADT 1 9,900 ADT 1(LOS 2"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 8, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc. on December 5, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Noureddine Houssni Agenda Item 6 Page 4 Proposed Site Layout Ise ,ise rill _Li iir� / im t10 . Fig fit k e g 4'_ ; s t�! tk - ,. 4 44 _ . LI- IIk :I I I S r _ SUITE 4S. ` La M ,.. i 4,,,, _ _ s7....... �..{j _ .. _.�_..�. `w_ _...., :, ,. . - t I . r �4 " I _ Ilk m a' 1 ' i . . _I �t MD f•k a - :;.• t . ::-1 l':' Noureddine Houssni Agenda Item 6 Page 5 Site Photos �R r r I• _ Y - is xi. • ibor— Noureddine Houssni Agenda Item 6 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Noureddine Houssni DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two=2,weeks Page 1 of 7 Planning Commission and City Council meeting tt,at pertains to the ap,- 0 APPLICANT NOT!TIED OF HEARING. n=` ID/ NO CHANCES AS OF /S/20 jc JO, n L vs Sc%nd rs" REVISIONS SUBMITTED Noureddine Houssni Agenda Item 6 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 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:Newtown Thurston, LLC If an LLC, list the member's names:See attached. Thomas Nicholson, trustee of T. H. Nicholson Ill Rev.Trust Page 2 of 7 Noureddine Houssni Agenda Item 6 Page 8 Disclosure Statement 1)13- Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees. etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship.' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 "Affiliated business entityrelationship- means "a relationshi other than p' p. parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Noureddine Houssni Agenda Item 6 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of Alfred Amozo your tax return XArchitect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Ix the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ m purchaser of the subject property ITV (identify purchaser(s)and purchaser's service providers) t l xi Construction Contractors JEngineers/Surveyors/Agents Financing (include current ❑ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 ® Legal Services Real Estate Brokers / C r' Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Noureddine Houssni Agenda Item 6 Page 10 Disclosure Statement 1 irginIn Brach EJtTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic �mmvee PRINT NAME LATE PAge 5 of 7 Noureddine Houssni Agenda Item 6 Page 11 Disclosure Statement OWNER Virginia Beach YES] NO] SERVICE PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of BDO your tax return [ X Architect/ Landscape Architect/ lh�� Land Planner C Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) El ® Construction Contractors ❑ xi Engineers/Surveyors/ Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I /1 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 ❑ xi an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Noureddine Houssni Agenda Item 6 Page 12 Disclosure Statement VB Arrginin Bench 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 heroin two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application, { / moors swelter Nair NAME /—"'DPit C f raga 7 of 7 Noureddine Houssni Agenda Item 6 Page 13 Disclosure Statement Newtown Thurston, LLC members: RNR HOLDINGS,LLC BETTY NICHOLSON HARRISON REVOCABLE TRUST MEM THOMAS H NICHOLSON III REVOCABLE TRUST CATHERINE N BAKER REVOCABLE TRUST111.133311 16.67% • Noureddine Houssni Agenda Item 6 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Noureddine Houssni Agenda Item 6 Page 15 Item#6 Noureddine Houssni Conditional Use Permit (Automotive Repair Garage) 5900 Thurston Avenue, Suite G District—Bayside December 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, the next item is item six. Mr. Weiner: Item number six and I apologize for butchering his name. Noureddine Houssni, an application for conditional use for automotive repair garage and property located at 5900 Thurston Avenue, Bayside District. Is there an applicant for this item? Please come forward. That was nowhere near close true. Nowhere near close. Can you state your name for the record please? Mrs. Houssni: My name is Mrs. Houssni, his wife. Mr. Weiner: Okay. Are all the items on the conditions are acceptable? Mrs. Houssni: Yes sir. Mr. Weiner: Okay, thank you. Mrs. Houssni: Thank you. Mr. Weiner: Okay. Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Redmond has been asked to read this into the record. Mr. Redmond:Thank you Mr. Wiener. Madam Chair, this is an application for a Conditional Use Permit, specifically an Auto Repair Garage on property located at 5900 Thurston Avenue that is in the airport Industrial Park, which is currently developed with a 24,000 square foot industrial warehouse building in six 4,000 square foot units. The applicant is already a tenant in the building and operates according to the use for which he's applying for this conditional use permit. It's actually fairly common, that folks are unaware of the need for a certain public entitlement. In this case, it's a CUP,the Staff has very carefully considered this. The site has plenty of parking. It's the kind of facility that would host a use of this nature. The Staff has found that it fits within the Burton Station Strategic Growth Area Implementation Plan. The Commission agrees with that, and as a result, we concur with a recommendation for approval and do so by consent. Thank you. 1 Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the short term rental. The Planning Commission places the following applications for the conditional use permit for short term rental on the consent agenda as these applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the City of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; city council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond:Second. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine, ten, eleven, fourteen, nineteen, twenty, twenty one twelve and thirteen, Mr. Tajan. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARA_Z__ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE - - CONDITIONS 1. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 3 r; j t ' 7 r t • O I` CNI • allII 1-6 Ce • / : , i 1 ,� t o / / Iji-'- -.."'"71 1----J I / i / Iii I -.) al `� v ,.4 _ -..:'"'^»vim r1 - o a ---\\ L, L.7., „. i ,,,, ___. ___ C"3-„, ...._, ii fi i : t 1 Q € \\\N\NN li 1 i # ,...) a) 6. o MI S: \\N 1 I / /I I I \ _ „ i ,, I_____ ,i,i , , l , tl l 1/4 — , ,,1„:a-x' ,ii ,i m ?i / a { r? O V 0 0 2 Ee 1;i oi:/, ,i / l w T ; in i icj e ww+` i€ , jji ? W ( 1' it I(' 1 O .,_.. k , I €{1 ? ?i Cn ict �Ii �� ? , , _IQ7 E!I 2 'j (( "^� f u'.•.4 0 4Y CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: CHRISTOPHER J. OCAMPO [Applicant] MARY HOLDEN [Property Owner] Conditional Use Permit (Automotive Repair Garage) on property located at 2505 Horse Pasture Road, Suite 101 (GPIN 1495857045), COUNCIL DISTRICT — ROSE HALL MEETING DATE: January 21, 2020 a Background: Based on a complaint to the Zoning Division, the applicant was notified of the need for a Conditional Use Permit as he was found to be operating without the benefit of required permits. The applicant has submitted the request for a Conditional Use Permit to rectify the code violation. The unauthorized Automotive Repair Garage is located in a 2,000 square foot unit of an existing industrial office warehouse building in the Oceana South Industrial Park. Services provided include minor auto body work, spot painting, and the application of graphics to vehicles. No other work is performed on-site and all work is completed within the enclosed building. The property is located within the Navy Restrictive Easement. ■ Considerations: The subject property is located within the Special Economic Growth Area (SEGA) 3—South Oceana. The Comprehensive Plan calls for development within this area to align with the City's AICUZ provisions and Oceana Land Use Conformity program. The requested automotive repair garage is consistent with those provisions, is compatible within the 70 — 75 dB DNL AICUZ, and compliant with the terms of the Navy Restrictive Easement. The garage is located within an existing industrial park where these types of uses are appropriate. Subject to the installation of a paint booth, no negative impacts to adjacent property owners are anticipated. There is no known opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The applicant shall obtain all necessary permit(s) for the installation of a paint booth for the proposed use. If the required permit(s) for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. Christopher Ocampo Page 2 of 2 2. There shall be no outdoor storage of equipment, parts, tires, or materials. 3. There shall be no repair of automobiles outdoors. 4. No motor vehicles shall be parked within any portion of the public right-of-way. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. There shall be no portable or nonstructural signs or electronic display signs on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs 9. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. j Submitting Department/Agency: Planning Department�F�y' ' City Manager: /ILL Applicant Christopher J. Ocampo Agenda Item ownerPublic MaryHearing Holden December 11, 2019 City Council Election District Rose Hall 9 Virginia Beach Request Conditional Use Permit (Automotive Repair Garage) r' Staff Recommendation / Approval Staff Planner Hoa N. Dao Location ii 2505 Horse Pasture Road, Suite 101 GPIN illil ' Ilk 1495857045 Site Size 2,000 square feet AICUZ 70-75dBDNL Watershed \ Chesapeake Bay Existing Land Use and Zoning District , Industrial warehouse/ I-1 Light Industrial '� Surrounding Land Uses and Zoning Districts . North �_ _ ::„*. .. . Horse Pasture Road 1. Warehouse, undeveloped land / I 1 Light k " • Industrial _, South Dam Neck Road - Wooded land/ R-20 Residential `' East ' . ,,,440 ,,,,,i Horse Pasture Road 11*'Warehouse/ I-1 Light Industrial Jv ,' ,`$ West A 4 Undeveloped land/ 1-1 Light Industrial Christopher J. Ocampo Agenda Item 9 Page 1 Background and Summary of Proposal • Based on a complaint to the Zoning Division,the applicant was notified of the need for a Conditional Use Permit as he was found in violation of the Zoning Ordinance for operating an Automotive Repair Garage without the benefit of all required permits. A complaint regarding concern for paint fumes was the basis for Staff's inspection of the property. In order to rectify the code violation,the application filed a Conditional Use Permit request with the City. • The unauthorized Automotive Repair Garage operates in a 2,000 square foot suite within an existing office warehouse building in the Oceana South Industrial Park. Other businesses sharing the building are a craft brewery and a custom deck business. • Services include minor auto body work such as repairing dents, spot painting panels, and applying graphics to vehicles. No other work to vehicles is performed on-site and all work is completed within the enclosed building. • The business typically operates Monday through Friday from 9:00 a.m. to 2:00 p.m. • Besides the applicant,there are no other employees at this time. • The existing number of parking spaces on the site meets the requirements of Section 203 of the Zoning Ordinance. • The property is located within the Navy Restrictive Easement.The Navy has reviewed the proposal and determined that the use is in compliant with the term of the easement. Zoning History Øj # Request 1-1' 1 CRZ(AG-1,AG-2,&R-20 to Conditional I-1)Approved 11/23/2004 R-20 2 CUP(Outdoor Recreational Facility)Approved Dam Ns y Road06/10/1992 AG-1 2 R-20 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STR—Short Term Rental STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The Automotive Repair Garage will only provide minor repair services, such as dent repairs and applying custom paints/graphics to the vehicle.As a portion of the business includes painting vehicles, Staff recommends a condition that a paint booth be installed in order to prevent paint fumes from passing through the building's ventilation system. The subject site is located within the Special Economic Growth Area (SEGA) 3—South Oceana.The Comprehensive Plan identifies this SEGA as a special area with significant economic value and growth potential, with primary consideration Christopher J. Ocampo Agenda Item 9 Page 2 being adjacency to NAS Oceana.The Plan calls for development within SEGA 3 to align with the City's AICUZ provisions and Oceana Land Use Conformity program.The request passes this test as auto repair is deemed a compatible use within the 70—75 dB DNL AICUZ, and is also compliant with the terms of the Navy Restrictive Easement.The garage is located within an existing industrial park where these types of uses are appropriate. Subject to the installation of the paint booth, no negative impacts to adjacent property owners are anticipated. Based on these considerations, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permit(s)for the installation of a paint booth for the proposed use. If the required permit(s)for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2. There shall be no outdoor storage of equipment, parts,tires, or materials. 3. There shall be no repair of automobiles outdoors. 4. No motor vehicles shall be parked within any portion of the public right-of-way. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property.All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. There shall be no portable or nonstructural signs or electronic display signs on the site. 8. There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences,or in an unauthorized manner to walls or other signs 9. A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject site is located within the Special Economic Growth Area(SEGA)3—South Oceana.The Plan identifies this SEGA as a special area with significant economic value and growth potential,with primary consideration being adjacency to NAS Oceana. All development within this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Christopher J.Ocampo Agenda Item 9 Page 3 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed with an office warehouse and associated parking, there does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Horse Pasture Road 253 ADT1 9,900 ADT 1(LOS°"D") Existing Land Use 2-No Data Available 1 1 a Proposed Land Use 3-10 ADT Dam Neck Road 36,800 ADT 39,700 ADT (LOS "D") 1 Average Daily Trips 2 No information available in the 3 as defined by a 2,000 SF Auto °LOS=Level of Service ITE Trip Generation Manual Repair Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Horse Pasture Road and Dam Neck Road are in the vicinity of this application. Horse Pasture Road is considered a two- lane collector roadway and Dam Neck Road is considered a four-lane major suburban arterial. There are no CIP roadway projects planned for this area. Public Utility Impacts Water & Sewer This site is currently being served by both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 8, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019 and December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays, January 5, 2020 and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020 Christopher J. Ocampo Agenda Item 9 Page 4 • 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 January 17, 2020. Christopher J. Ocampo Agenda Item 9 Page 5 Proposed Site Layout £ HorsePasture Road _ it , if,, ....1L_,....„ ... ..,.....mb._:-,.„,,,,it: _, as r i '�'... s- t ' w ,...:,,, . j „..,, , .,.., , _„_.. ,,,_,.•,, _ _ ...Atilt:, 7 cl.(/).z, i,1 .___:-- ,,-,::‘,„ - : ,....s._ , ,_ „., i - - .... ,.. ., a) EXISTING ' o AUTOMOBILE _ i Darr Ne GARAGE ciaD Oad (2,000 SF Christopher J. Ocampo Agenda Item 9 Page 6 Site Photos AAFFORDABLE �[J/lEdeOizb 11 0.1„:000100000H,:,,-,,,,i,i,,,"_,:t--_ ,,- ..-,_;-'5--'' .,''''''''''''''-- : - — : -:' . , i I 1 � - 4z ffi. Christop J. Agendaher Item PageOcampo 79 Disclosure Statement Orm ! Virginia Beach APPLICANT'S NAM y,A 4 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 s Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes _Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/A:I disclosures must be updated two(21 weeks prior to any Page 1 of 7 Plannin=Commission and City Council meetinn that .ertains to the a APPLICANT NOTIFIED OF HEARING DATE'. li NO CHANGES AS OF DATE. J� -W 2.o ,11#& REVISIONS SUBMITTED DATE. Christopher J. Ocampo Agenda Item 9 Page 8 Disclosure Statement / t_ryA / Virginia Beach P I/ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. —1' Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER_IS a corporation, partnership,firm, — business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Christopher J. Ocampo Agenda Item 9 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Christopher J. Ocampo Agenda Item 9 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if l needed) u I l LAccounting and/or preparer of UUU✓✓✓ your tax return ❑ Er Architect/Landscape Architect/ ttttJJJJ 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/ s ri ❑ Engineers/Surveyors/Agents Fij mortgagge (iholdeders current r• um' mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services __ Real Estate Brokers/ ❑ L` Agents/Realtors for current and uu 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 7 Christopher J. Ocampo Agenda Item 9 Page 11 Disclosure Statement NB Virginia Reach CERTIFICATION: II 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. ��„, �NTjdL` j�,/U/y� _ H/� �\t oh NI 141 APPL'JC�ANT'S SIGNATWE PRINT NAME DA-E Page 5 of 7 Christopher J. Ocampo Agenda Item 9 Page 12 Disclosure Statement OWNER .-NB Virginia Beach YES f NO SERVICE PROVIDER(use additional sheets if 1 needed) ❑ Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than Elthe Applicant)-identify purchaser _and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers/ ❑ E Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Christopher J. Ocampo Agenda Item 9 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE 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. Christopher J.Ocampo Agenda Item 9 Page 14 Item #9 Christopher J. Ocampo Conditional Use Permit(Automotive Repair Garage) 2505 Horse Pasture Road, Suite 101 District—Rose Hall December 11, 2019 RECOMMENDED FOR APPROVAL Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order,items number nine,ten, eleven, fourteen, nineteen, twenty, twenty-one, twelve and thirteen, Mr. Tajan. Mr. Tajan: Yes, we have been noted for the record, Madam Chair and we will call the items accordingly. Ms. Oliver: Okay, great, thank you. Alright, so the next order of business will address the remaining matters on our agenda and city clerk will please call the first item. Ms. Sandloop:Thank you Madam Chair. The next agenda item is item number nine Christopher J. Ocampo. It's an application for a conditional use permit automotive repair garage on property located at 2505 Horse Pasture Road, Suite 101 located in the Rose Hall District, will the applicant or the applicant's representative, please step to the podium. Ms. Oliver: Hi, welcome. Would you please state your name for the record? Mr. Ocampo: Christopher Ocampo. Ms. Oliver: Thank you. And would you like to explain your application to us today? Mr. Ocampo: Oh, yeah. I am just applying for a permit for minor bodywork. Ms. Oliver: Yes, sir. Mr. Ocampo: That's it. And graphics. Ms. Oliver: Okay. Do you have any questions for him? Mr. Wall: One thing was the painting that was identified. Can you explain your painting operation? Mr. Ocampo: We do panel blank, Like painting like benders, doors and like, stereo molds. 1 Mr. Wall: Okay. So one thing that was noted was the paint booth? Mr. Ocampo: Yeah, when I moved in there, it was an old cabinet shop and it had a paint booth in there. The fire support system wasn't regulated for what we were doing, so we tore it down and put up fans. The fire marshal came and said, I need a conditional use permit. That's why I'm here now. And I've been in the area for 10 years, so it's like new to me. Mr. Wall: It's alright; will the paint booth alleviate the fumes from the painting operation? Mr. Ocampo: Right. Yeah. Mr. Wall: But you took down the paint booth and installed fans, is there any change in the operations from the other complaints that occurred from the adjacent property owners, adjacent businesses. I mean, do you plan to make any changes to your operation based on? Mr. Ocampo: Yeah, eventually, we're going to have a different paint group, right now we have exhaust filter system set up right now. Mr. Wall: Okay. Is that going to, is that a change? Mr. Ocampo: Yeah, it will be a change, get more fumes out. Mr. Wall: Okay. Mr. Ripley: Look at the application; I think you're required to put on a paint booth, do you understand that? Mr. Ocampo: No, actually I didn't know. They just told me I needed a conditional use permit to do what I'm doing right now. Mr. Ripley: So there are nine conditions that are in this, have you read those? Mr. Ocampo: Yes. Mr. Ripley: And do you agree with them because one of them says you gotta put in paint booth because that's what you got to do. Mr. Ocampo: Okay, so I have to put in a paint booth now, for minor body work, it's not all over. Mr. Ripley: If that's not the case. Mr. Tajan: So in order to clarify the building officials weighed in and said the type of use of the applicant is providing does require a paint booth, and to clarify any issues, staff 2 has recommended the condition is required, just to reflect the building code requirements, Mr. Inman: So this application is approved, it'll be approved based on you putting out a paint booth, go to city council and then you can talk out of that if you like, but imagine they'll want to continue to keep it in from a fire safety point of view, nothing else. Mr. Ocampo: So basically, I have to get the paint booth now. Ms. Oliver: Yes sir. Mr. Tajan: Sir you asked it,discussions with I think Scott Steen and Cheri Hainer in our office, discuss the potential need for a paint booth,you'll need to follow those requirements for paints and submittals. Okay. Mr. Wall: And I think it's only if the painting operations continue. So it's the way that the conditions read, is the applicant try to obtain all necessary permits, for the installation of paint booth for the proposed use, if the required permits for the painting not obtained, the painting of vehicles shall be prohibited on the site, right. Ms. Oliver: So, you can't be painting the vehicles now. Mr. Ocampo: Yeah, I understand that. Ms. Oliver: Okay. Mr. Inman: I think the confusion is that item number one says exactly of course what Mr. Wall just read, but it doesn't say and you shall install a paint booth, but it does say the painting a vehicle shall be prohibited if you don't get a permit, you know, it's like, but also it should be prohibited unless he installs a paint booth. Not just get a permit for a paint booth, so we need to, I think clarify that. Mr. Ocampo: Because I mean, all I do is minor body work, and the fire marshal said I can spray up to a quart a day without a paint booth. They just said,just get your conditioning use permit and you'll be fine. I wasn't going for paint booth permit; I was going for it to do what we're doing right now. Ms. Oliver: Well, I think that's one of the conditions and in your application is that due to the fumes, you're required to put the paint booth, because I think would be... Mr. Ocampo: So, I don't have to get a big paint booth for an all over car, I can just get a small paint booth for panels. Ms. Oliver: Well, that's not me to decide, that would be... 3 Mr. Tajan: Once you submit your plans to the building permit office, you'll need to get someone to draw plans that help you put that together, doesn't necessarily have to whatever it meets the requirements. So if you're doing smaller painting, then whatever that requirement is, I'm sure I know that they come in multiple sizes. So but it does,it is a requirement. So this was to clarify the confusion between the fire marshal comment and the building official's determination. So that's why we're saying regardless of what's going on if he is doing any type of painting is required to have a paint booth. Ms. Oliver: So sir, you understand that you cannot continue to paint at this time until you met the requirements and the conditions of this application in order to get your CUP, right? Mr. Ocampo: Okay. Ms. Oliver: Anybody else has any more questions? Thank you. Mr. Inman: I will make a motion that we approve the application, but also change or add to condition number one to say applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use and install a paint booth appropriate for his operation. Mr. Weiner: I will second. Ms. Sandloop:The vote is open. By a recorded vote of 9-0, agenda item number nine has been approved with conditions as amended. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE 4 CONDITIONS 1. The applicant shall obtain all necessary permit(s) for the installation of a paint booth for the proposed use. If the required permit(s) for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2. There shall be no outdoor storage of equipment, parts, tires, or materials. 3. There shall be no repair of automobiles outdoors. 4. No motor vehicles shall be parked within any portion of the public right-of-way. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. No motor vehicles shall be parked within any portion of the public right-of-way. 7. There shall be no portable or nonstructural signs or electronic display signs on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs 9. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 5 may -- Auk uo� S etieyl` -1 ''\It 'l,, , , til tr 1 8 i / i , __ 14 /,„ ), rt"------- ___, r CD till 1 ,' ## '\Ilk, _1 ...IC 1\4\ it_i _ -:,. \/ - C.) a)‘,'/,:l''''' \\.\\ N\ 11\41,\ \ a :1_] alp . , ‘,,,,,,i,\\\0\. i_ c ,_ tr., Lmis T Nt ir- Nt ;,te ___7-0 --,71----- 1 I .! r L '. ,.,� _ ice` '.fl anueAv ysio► enuaAV I45V w i' cv i',.. ci i_ I 1, : r .-- ' ' c Q l 1 ,Lt) __ to En ` ..._. _ ra CD J a) c • �.,.� o Ce L_J -fit CI) N Cl. CD ,.,:r, „......„,„, CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: GREG MCMAKIN [Applicant] MILLS COLLINS, LC [Property Owner] Conditional Use Permit (Bulk Storage Yard) on property located at 4145 Virginia Beach Boulevard (GPIN 1487050053), COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: January 21, 2020 • Background: The applicant has operated a Bulk Storage Yard in the rear of the property without the benefit of a Conditional Use Permit since 2009. On July 25, 2019, the Zoning Division received a complaint regarding wood chipping activities at this location. A field visit was performed by the Zoning Inspection Staff who issued a notice of violation. In August of 2019, the applicant submitted a Conditional Use Permit application to rectify this situation. At the Planning Commission hearing on October 9, 2019, the application was indefinitely deferred to give the applicant additional time to work with staff to amend the proposal. The applicant has subsequently agreed to remove all wood, debris, and combustible material from the property and has revised the request to limit the Bulk Storage Yard to only the storage of equipment and vehicles associated with his tree service company. • Considerations: The Bulk Storage Yard is located behind a commercially-zoned retail building on Virginia Beach Boulevard. A multi-family condominium complex is located to the south of the property. Low-impact, low-intensity storage uses can be appropriate outside of industrial areas provided that sufficient protections are in place. The magnitude of this operation and the disorderliness of the materials stored on the site in the past have negatively impacted adjacent properties. While the applicant has worked to remove all wood, debris and combustible material from the site, and the request has been modified to limit the type of storage, this Bulk Storage Yard is more appropriate in an industrially-zoned district. The request is not in substantial conformance with the policies and goals set forth in the Comprehensive Plan for the Suburban Area which require land use activities to either maintain or enhance the existing neighborhood through compatibility with surroundings. As such, a condition is recommended that limits the Conditional Use Permit to a period of two years to allow the applicant time to explore a more appropriate location for this operation. Greg McMakin Page 2 of 3 There was one speaker in opposition to this application who raised issues of compatibility with the adjoining multi-family development. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0, with one abstention. 1 . No activity including loading or offloading of woody debris or yard waste material shall be anywhere on the property. 2. There shall be no freestanding signs associated with the Bulk Storage Yard. 3. No customers or members of the public shall be permitted within the Bulk Storage Yard. 4. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained along the northern and eastern boundaries of the Bulk Storage Yard. A solid eight-foot tall solid fence shall be installed along the northern and eastern boundaries of the Bulk Storage Yard, as shown on the Site Layout exhibit. 5. Items stored within the Bulk Storage Yard shall be limited to equipment associated with the tree service company only. 6. There shall be no chipping, grinding, sawing, or processing of wood within the Bulk Storage Yard or anywhere on the property. 7. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or shipping containers on the site. All existing shipping containers on the site must be removed within 60 days of approval by City Council of this Conditional Use Permit. 8. The storage of combustible waste materials shall not be permitted on site. 9. All outdoor lighting fixtures shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 10.A11 outdoor lighting fixtures shall be shielded away from the adjacent multi- family use to the south of the property. Greg McMakin Page 3 of 3 11.This Conditional Use Permit is valid for two years from the date of its approval by the City Council. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department's ' I City Manager: JL INApplicant Greg McMakin Agenda Item Property Owner Mills Collins, LC t Public Hearing December 11, 2019 (Deferred from October 9,2019) City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation IiAt itsi, f •-- Approval "" SrA ...i Staff Planner , Marchelle Coleman { k Location11 NIL s 4145 Virginia Beach Blvd gi GPIN - -1 >o - � 3 Imo � 1487050053 � p li Site Size i c =. 1.95 acres "1111 I AICUZ j Less than 65 dB DNL ""P "� Watershed "' ■ i II 1 .....,.., c Chesapeake Bay Existing Land Use and Zoning District a Retail/ B-2 Community Business .8 Surrounding Land Uses and Zoning Districts , North �$ 06111 Virginia Beach Boulevard ,` ''} Office, public library/ B-2 Community Business. , , i`'— ._ ' South !,t� + _44� _} .,,_ Multi-family dwellings/A-18 Apartment �h� t, ,� i -- '� East = Office/B-2 Community Business West Retail/B-2 Community Business — 1,7 -, ,At .",1. -W; te ,sAs ,a Greg McMakin Agenda Item 11 Page 1 Background and Summary of Proposal • At the October 9,2019 Planning Commission hearing,this application was indefinitely deferred to give the applicant additional time to work with Staff on the proposal.The applicant agreed to remove all wood,debris, and combustible material from the property. Based on the Planning Commission's discussion,the applicant has revised the request to limit the bulk storage yard to only the storage of equipment associated with his tree service company. • The subject 1.95-acre lot, located along Virginia Beach Boulevard, is zoned B-2 Community Business District and consists of two commercial retail buildings and an open storage area in the rear of the site. • The applicant has operated a Bulk Storage Yard in the rear of the property without the benefit of a Conditional Use Permit since 2009. On July 25, 2019,the Zoning Division received a complaint from a concerned citizen regarding wood chipping activities at this location. A field visit was performed by the Zoning Inspection Staff who, based on findings, issued a notice of violation. In August of 2019,the applicant submitted a Conditional Use Permit application to rectify this situation. • Presently,the operation,where the applicant is the sole employee, encompasses approximately 7,830 square feet of the southern portion of the property to store, repair, and maintain equipment for the applicant's tree service company.The applicant has revised the request to limit the storage yard to approximately 5,300 square feet.Typical hours of activity in the storage yard are 7:30 a.m.to 7:00 p.m., Monday through Saturday. Hardscape and combustible materials,as well as supplies and equipment are currently stored on the site; however,as noted above,the applicant is working to remove all of this material and the request has been modified to only store equipment on site. • On September 16, 2019,the Fire Marshal's Office issued a verbal notice to the applicant to remove the combustible materials on the property that are a potential fire hazard. On September 19, 2019,the Fire Marshal's Office met with the applicant on site and provided guidance related to the cleanup and removal of all combustible materials on the property.The applicant was given three weeks to address these issues and has continued work to accomplish this. Greg McMakin Agenda Item 11 Page 2 R!.s $-2 • B_p $-2 % "Ain q2 B'1 RSD " ach Zoning History �''a�d # Request R•5D 1 CRZ(B-2& R-5D to Conditional B-2)Approved 4B2 05/16/2017 0 m R-5D R-5D ThaLi Station CircM A48 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The Bulk Storage Yard is located behind a commercially-zoned retail building, approximately 250 feet from Virginia Beach Boulevard.The proposed Bulk Storage Yard is for a tree service company and is not associated with any of the businesses in the existing retail building on the property. As stated previously, based on discussion at the October 9, 2019 Planning Commission hearing,the applicant has agreed to remove all wood, debris, and combustible materials from the property. Only equipment used for the applicant's tree service company will be stored on site. No chipping, grinding, sawing or processing of wood will be performed. Prior to the applicant's knowledge of the need for a Conditional Use Permit for a Bulk Storage Yard,the applicant stored these materials on the site associated with the tree removal service and has been operating in violation of the Zoning Ordinance. There is a multi-family condominium complex to the south of the storage area. Properties fronting Virginia Beach Boulevard in the vicinity of this site are typically commercial and service uses. In Staff's opinion, low-impact, low- intensity storage uses can be appropriate outside of industrial areas provided that sufficient protections are in place. The magnitude of the operation and the disorderliness of the materials stored on the site negatively impacted adjacent properties. Since the October 9th Planning Commission hearing and notice of violation from the Fire Department,the applicant has made a significant effort to clear the site of woody debris and combustible materials associated with his business. Since the applicant proposes to remove all wood and debris from the site and only retain equipment for the tree service company,the applicant is requesting a deviation to the required Category VI screening. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping,which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Specifically,the applicant is requesting a deviation to the installation of plantings and a fence along the southern and western boundaries of the yard. Staff concludes that a deviation is warranted as all wood and debris will be removed from the site and the applicant has proposed to install an eight-foot Greg McMakin Agenda Item 11 Page 3 solid fence along the northern and eastern boundaries of the Bulk Storage Yard to screen the equipment stored on the site from the public right-of-way. The western boundary of the Bulk Storage Yard is screened by the wall of the existing building on the site and the southern boundary is sufficiently screened by existing thick vegetation.Therefore,Staff recommends that this deviation be approved,and has provided a condition to reinforce this position. There are five shipping containers on the site,four of which are located in the southern portion of the site, near the multi-family condominium complex. One container is located near the eastern portion of the site, behind the existing retail buildings to the north.As these containers are currently in violation of the Zoning Ordinance, a condition is recommended that these shipping containers be removed from the site within 60 days of City Council action. While the applicant has worked to remove all wood,debris and combustible material from the site,and that the request has been modified to limit the type of storage,Staff finds that this type of Bulk Storage Yard is incompatible with the uses found in this section of Virginia Beach Boulevard.This type of use is more appropriate in an industrially-zoned district, a district removed from the City's major commercial corridor of Virginia Beach Boulevard. This request is not consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area,as the Guiding Principles encourage the maintenance of stable neighborhoods. Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings. It recognizes the importance of high quality and attractiveness of site and building design, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. Based on this,Staff recommends a condition that limits the Conditional Use Permit to a period of two years. The applicant is encouraged to explore a more appropriate location for this operation. Based on these considerations,Staff recommends approval of this application with the limitation noted. Recommended Conditions 1. No activity including loading or offloading of woody debris or yard waste material shall be anywhere on the property. 2. There shall be no freestanding signs associated with the Bulk Storage Yard. 3. No customers or members of the public shall be permitted within the Bulk Storage Yard. 4. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained along the northern and eastern boundaries of the Bulk Storage Yard.A solid eight-foot tall solid fence shall be installed along the northern and eastern boundaries of the Bulk Storage Yard,as shown on the Site Layout exhibit. 5. Items stored within the Bulk Storage Yard shall be limited to equipment associated with the tree service company only. 6. There shall be no chipping,grinding,sawing,or processing of wood within the Bulk Storage Yard or anywhere on the property. 7. There shall be no storage of boats;wrecked, inoperable or towed vehicles;or shipping containers on the site.All existing shipping containers on the site must be removed within 60 days of approval by City Council of this Conditional Use Permit. 8. The storage of combustible waste materials shall not be permitted on site. Greg McMakin Agenda Item 11 Page 4 9. All outdoor lighting fixtures shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 10. All outdoor lighting fixtures shall be shielded away from the adjacent multi-family use to the south of the property. 11. This Conditional Use Permit is valid for two years from the date of its approval by the City Council. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 32,500 ADT 74,000 ADT'(LOS 2"D") No Data Available 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity, is an eight-lane major urban arterial road with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIP projects scheduled for this section of Virginia Beach Boulevard. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer service. Greg McMakin 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 November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, November 24, 2019 and Sunday, December 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 26,2019. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020 and January 12, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Greg McMakin Agenda Item 11 Page 6 Site Layout 0 u N x m `o �, w v, c Q. R 10 0 y U 4. In E E V1 O Cl 00 L a N a c -a 7 v o o 8 W O N O` `1 W a I-- v x E v E 0 = o v 0 s` J E ow co -0co -0 uco , E y 1'k�y 0 w Q Cr in <n a coi `*t. 0 al p.1„,k7 'spd . w n QC, " Da a b'ag yrNtUtdr,, clel c . • 7. W _ p _ + ra r of .0 Ea'"e 0 F' P` C7 x E i1: . f 3 cu p f , . c v= m , ++ > c _ U 0 W i! I t d +' xm . GmQ VW 07 .. I $ p 0 c o0 0 a L * * , i9 a P a. I g !to 1 *•. ke - . S __� }, Fsi - Yii ' : Q ` +r • x▪ p Jell • 4 2- a m z� ` �. Q • d c m - co >s i 1 g tJ . 0.01 [ali! flit; lG E i € I € It O s v o liF/! s ii c v o [1!f!tsi1ib V ,F. Greg McMakin Agenda Item 11 Page 7 Site Photos •• , . „•••., .,.. • •• . - -, •,31t-•‘ • . - 4 :- ,;'...-1'V-- , '-..'1. .-, I --..'4S ..;i•.3 - •tse g.'" kiii:;4,,,x4, 4- - - .-z.--% • .•- nr. 1., , . 1 -': i. WI04--A 10.4. .z.,...- ,., • . . — -1*-.. k i - t.„ - '''.:41‘ t...:1" .- ',..., ,''. .;%` '. • r--'.:, 'Ai y 4: r''..ei-‘:,-ist. ,'-,4 ..-..::---- ,.-74-{, - • . =. -.;-- -,. .- - '.j.i, 1..,„ -• ,.. `,.-• .f. ; -- f ... :.i4.-„, _ • .fs 1 -,;# , -; -- ,,-- .-i•;‘ .. •- . - . ' 1,, - . --- 1 t' \I--, -; '• -- — i §,11 .. . 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V.4g.rt '- -'"'Vx*.,,,_ ,,,..• • , • k-t!--: _ - -.... 7.„.. - : ,.., : .• - - ..,tv-,-- --°..• 1 -- ., - ;40,4,-7-0r---rr---,--,------ -____ --,--.- : Greg McMakin Agenda Item 11 Page 8 Disclosure Statement q\B irginia Beach APPLICANT'S NAME Greg McMakin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(21 weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the appl CI APPLICANT NOTIFIED OF HEARING DATE. l NO CHANCES AS OF DATE y/2L, - Marche_Ile L. Coleman ❑ REVISIONS SUBMITTED DAT Greg McMakin Agenda Item 11 Page 9 Disclosure Statement Virginia Beach r/ 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: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® 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:Mills Collins, LC If an LLC, list the member's names:Bruce Mills- Sole Member Page 2 of 7 Greg McMakin Agenda Item 11 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list it-necessary) Bruce Mills (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 entityrelationship- means "a other than p relationship. parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.'" See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Greg McMakin Agenda Item 11 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) EllR Accounting and/or preparer of your tax return ❑ ® Architect/ Landscape Architect/ Land Planner [xi the 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) O // Legal Services Real Estate Brokers / C ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Greg McMakin Agenda Item 11 Page 12 Disclosure Statement )111,3 ivginia Brach j CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application- -i_ (L /rl-Zfq zit £S2/9 APPLICANT'S SIGNATURE r MINE DATE Page 5 of 7 Greg McMakin Agenda Item 11 Page 13 Disclosure Statement NB- OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) l l ® Accounting and/or preparer of l I your tax return nArchitect/ Landscape Architect/ Land Planner C Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ 1' purchaser of the subject property r (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ Z 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 / f-I l Agents/Realtors for current and I 1 Val 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 6 of 7 Greg McMakin Agenda Item 11 Page 14 Disclosure Statement M3 Virginia Beach CERTIFICATION: 1i 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 PRO OWNER'S /SI'GNA /`''1 `/// PRINT NAME DATE 'lam 4- ! 1 iL � _.lh'14f C- I", 1 1 11 .n-}r, 1 (L / a c / i lb COI IIn 1 Lt Nag I a€/ Greg McMakin Agenda Item 11 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Greg McMakin Agenda Item 11 Page 16 Item# 11 Greg McMakin Conditional Use Permit (Bulk Storage Yard) 4145 Virginia Beach Boulevard District—Lynnhaven December 11, 2019 RECOMMENDED FOR APPROVAL Ms. Oliver: Thank you. I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing. These items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So, in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order,items number nine,ten, eleven, fourteen, nineteen, twenty, twenty-one twelve and thirteen, Mr. Tajan. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number ten has been approved. Our next item of business is agenda item number eleven, Greg McMakin,which is an application for a Conditional Use Permit for a Bulk Storage Yard on property located at 4145 Virginia Beach Boulevard located in the Lynnhaven District. Ms. Oliver: Welcome. How are you? Can you state your name for the record? Mr. McMakin: Greg McMakin. Ms. Oliver: Welcome back. You want to give us an update on your application? Mr. McMakin: I have been hauling away debris there. I still have a lot left but not nearly as much as I had in the beginning. It is going to take a little while, especially this time of year. Ms. Oliver: Okay. Do we have any questions? No. Thank you very much. Ms. Sandloop: We have one speaker ma'am. Bob Walter. Ms. Oliver: Welcome, please state your name for the record please. Mr. Walter: It's Robert Walter. I go by Bob. So, I am president of Thalia Station Condo Association and represent 197 families immediately adjacent to this Conditional Use Permit application. We initially thought that this was a legal business that had been operated on this property only to find out in October that in fact they are not. We have opposition to this Conditional Use Permit based on the fact that it does not address several issues. One being the area that have stockpiled wood creates a natural habitat for things like feral cats,raccoons,possums,even rats. We have had 1 difficulty over the last several years with raccoons that actually climb onto our buildings and gnaw their way into the attics, and then spend the winter there. The extension or allowance of this any further can cause the condominium association undue hardship and financial distress. Being that we have to repair our buildings and exterminate these animals, the Conditional Use Permit does not address at all any type of rodent prevention or eradication of the rodents. Furthermore, the proposed fence that is been proposed by the tenant or the owner of the property is only a two-sided fence. It only shields the area from Virginia Beach Boulevard does nothing for the condominium association which is directly in the backyard. Again, this business is not in accordance with the City code at this point in time, I understand the concept of working with business in the area to promote business. But again, we want to promote businesses that are legal and complying with City ordinance. In as much as this property is not in compliance, we are in opposition, allowing them to continue to operate a sawmill for up to two years and again I visited the property yesterday the sawmill is still active, there was fresh timber in the machine that is used to cut dimensional lumber further exacerbates the ability of us to maintain our property. Thank you very much for your time. Ms. Oliver: Thank you. Does anybody have any questions? Yes Mr. Weiner. Mr. Weiner: Yes, so Mr. McMakin came in a couple of months ago. And to grant him this two- year Conditional Use Permit, everything has to be cleaned up okay, and that has to happen for him to get the Conditional Use Permit. We're going to address that saw that you've talked about but just let you know he is in the process in the next couple years of moving okay, we just got to give him a little bit of time to do that. Mr. Walter: Each intrusion into one of our buildings costs our association between $2,000 and $3,000 that's for a 45-day period of eradication of rodents from the building that is literally above people's heads. People are living in it in their own homes, and they've got raccoons eight feet above them on the other side of sheetrock and insulation and ceiling choice. This is not a safe condition. Mr. Weiner: I understand but it's not going on. It's been going on for how long? Mr. Walter: At least the last two years. Mr. Weiner: Okay, so we're in the process of trying to make this happen. Mr. Walter: Okay, will Mr. McMakin reimburse us for any further rodent infestation in our buildings? Mr. Weiner: That's not a land use situation and would be discussed between you two. Mr. Walter: Okay, and again as of yesterday there were still fresh cut timber in the sawmill. 2 Mr. Weiner: Okay. We will talk to him about that. Ms. Oliver: Thank you, Mr. Redmond. Mr. Redmond:I'm not sure how the applicant is responsible for the behavior of rodents. I have raccoons in my yard. I have rats in my yard. My cat brought one to the window that was the size of a small dog. I mean it and it's a wooded lot. I mean, you know, raccoons and rats, you know, all kinds of wildlife that are going to be in place. I just have a hard time necessarily seeing that as, you know, the behavior of wildlife in suburbanized environment, as being necessarily attributable to anyone purpose or use because he's not anywhere near my house and I got raccoons and rats and all that. Not sure how is it? You seem to be making a leap to meet a responsibility for that. I don't see how that, I don't see that. Mr. Walter: Well, Mr. Redmond, when you take your cat who is patrolling your neighborhood and bringing you a dead rat, or you take piles of cut timber and firewood and trees that are decaying and rotting in stockpile, this stockpile creates a haven for these animals to prosper and grow where they wouldn't normally do that in the natural habitat. If we could only get the feral cats to drag out the raccoons from our attics that would help an awful lot, however; being the fact that there are stockpiles of wood that would fill this room, this is giving these rodents the ability to grow beyond the normal means of a wooded lot. I hope that addresses your question. Mr. Redmond: It does I still don't agree with it. So, thank you though. Mr. Ripley: Could I make one more comment? The hearing we had last month,or month before last,the understanding was that he would remove all that wood. He's in the process of doing that and all he was going to store was just equipment. That's the intent of this. So, his equipment, it'll be there and then after two years, he can move on because I agree with you. It's not the right place for it, but nobody even knew it was back there, quite frankly. Mr. Walter: Well, a note about the equipment in the condition. Mr. Ripley: That's the intent of them. Mr. Walter: I understand the intent. Our intent is trying to preserve a property as well as you know, our residences and being able to expect to be able to live in our residence without having an illegal business next door. Mr. McMakin says that he's going to be storing his equipment there. He's got two areas of equipment. The first is behind Collins Square where he has trucks and large equipment. And then there's small equipment on this property. The question is,how long is this going to take to clean up, two years is not acceptable to the residents of Thalia Station. 3 Mr. Ripley: But the intent was to have them clean up the wood soon as he could, which will try to define that better, but the idea was for him to have his equipment there and then find a more permanent location where he can combine the operations and industrial area, whatever, that would be more appropriate. He would have his equipment there which would allow his business to survive for a period of time while he's out looking for another location. Mr. Walter: Well, he states that his business is a tree business,but in fact, he also has a sawmill business, so he brings the trees to this lot, stockpiles them. And then when he gets a chance,he's taking the trees and milling them into dimensional lumber or another product that sort of outside of a tree removal business. It's a secondary business. So,please consider the fact that this is not your normal tree business. This is a tree business where he's taking his debris and instead of disposing of it the way other tree companies do, he's taking it and trying to make it into another product. That product is a production site, which is less than 50 feet from our building. Mr. Ripley: Okay, well, we'll ask them those questions. Ms. Oliver: Thank you. Any other questions? No, great. Thank you. Mr. Walter: Thank you for your time. I would like to ask City staff was there another person on that piece of property that was storing other things,do I remember that correctly? It wasn't just, wasn't the owner storing. Ms. Coleman: The applicant is actually leasing the property. The owner has the storage containers that are there. We made contact with the owner and those containers will be removed. Ms. Oliver: Is there a timeframe for those containers to be removed? Mr. Coleman: It has to be removed within 60 days of City Council action per condition seven. Ms. Oliver: Okay, great thank you. Would you like to come back up,please? Thank you. Yes Mr. Weiner. Mr. Weiner: Do you want to address your sawing operations? What's going on and what's going to be? Mr. McMakin:Well, the sawmill, I told you all before it was something I purchased from my dad because I'm a tree business. I get a lot of good wood, cherry wood, exotic wood. So, it's something I invested in. I use to build furniture with my dad. I cut now but it's not a business for me, it's more for just a hobby. If he would have went there two months ago, he would saw the exact same piece of wood sitting right there on top of the sawmill, I haven't had a chance to get to that part yet of him working on 4 the other path. Now, if he would have gone there two months ago, he would have noticed that over three quarters of the wood is gone now. Mr. Weiner: Okay. Ms. Oliver: Anybody else? Mr. Ripley: Well, are you going to continue to get your hobby with saw in there? Mr. McMakin:Well, I'm going to keep the machine yeah, but if I have to bring it on to the job as I'm taking the tree down and saw it on the job site, then that's the way. Mr. Ripley: So, you can just store? Mr. McMakin:Just store the equipment, yes. Ms. Oliver: Here is I think that if I'm correct, there's not supposed to be that kind of work performed, that's part of your Conditional Use Permit. Mr. McMakin:And I agree to all of it. Ms. Oliver: Okay, so you are not doing that as we speak. Mr. McMakin:No, I'm not doing that as we speak. Ms. Oliver: And how much debris have you removed from that piece of property since you were here for? Mr. McMakin: At least another 15 loads of wood in a large 18 x 6 gravel truck. Ms. Oliver: And how much more is left? Mr. McMakin:Probably about another 10, 15 loads. It was quite a bit over there. Ms. Oliver: Right. Mr. Redmond: Right. So, when do you think you'll have that material off the site? Mr. McMakin:It's really hard to say,I'm not looking for excuses,but my daughter she's a freshman in college and she plays basketball and I've been trying to travel to make every game and her season just started. My son, he's a freshman in high school, his basketball season just started, and I try to be there for my kids and support them. So, with the holidays and that going on, and plus having to get jobs done so I can pay the bills, it's real hard to put,you know, a full-time job into clearing out the lot, I could get. It takes me about two hours per load. So, I could probably get two loads in a day, maybe three loads in a day. So, I mean, if I had the next five days 5 where I can dedicate all my time I get it all done in the next five days but it's going to take a few weeks with. Mr. Redmond:Realistically, with everything going on with holidays? Mr. McMakin: Middle of January, middle to end of January, I'll have everything cleaned out of there and that's a guarantee. Ms. Oliver: And you are working on getting relocated? Mr. McMakin:I've looked into it, I'm not sure how I'm going to be able to do that because I've never had to deal with that kind of monthly payment. The cheapest place I found was $2500 a month. And I have three trucks that I'm making payments on. I have my wife's car making payments on that, my car, I'm making payments. I just got a damn motorcycle long ago. Yeah, I know. So, it's hard for me to picture myself taking on that kind of monthly payment. So, if anything, I might just have to sell everything that I have. Ms. Oliver: Well hopefully that won't happen and you will be able to find it and I think you got a little bit of time but I think as far as being a good neighbor as quickly as you could alleviate the problem that the condo association is addressing would be to your benefit. Mr. Tajan: Madam, just to verify something, in order to remove the materials, you're not currently chipping? Mr. McMakin:I'm not chipping, though I'm not chipping anything, I am operating my equipment to move it around and load it up, yes. Mr. Tajan: Okay, just want to make sure that you're not actually in the process, you're not processing any of the wood to get rid of it? Mr. McMakin:Well, I won't be now, but yeah, I've been trying to get rid because dumps are only open till a certain time. And with the light, I mean... Mr. Tajan: Understandable, I just want to make sure, so our understanding is that you will not be processing cutting any of this wood until you? Mr. McMakin:The wood that's already there, I am going to try to get it out of there, the best,most economical way for me as possible as quickly as possible. Mr. Tajan: I understand and that's I understand your answer, but it's different than what's allowed. So, the manufacturing of wood is definitely not permitted in this district, which includes the breaking down and changing of that material into something 6 else, so if you're planning on having to cut it and do other things like that, you got it there without being cut, you need to get it off the site without being cut, so. Mr. Graham: Sure. Thank you. It does sound like the applicant is working to get it off, get the materials off the property. I think that hopefully the applicant understands it, can't chip the wood, need to basically load it up in a truck, haul it off. I understand everybody's busy, but just try to, you know, get this stuff out of there, you know, over the next month or two so you can get this behind you. You can probably find another property; you've got two years to look and there's lots of resources out there for people that can help, you know, that are in commercial real estate that can maybe help you find something to lease, because it really isn't the right spot for this. And we, you know, we don't want to shut your business down. And we're trying to do everything we can to work with the applicant. So anyway, I guess those are my thoughts. Ms. Oliver: Yeah. Mr. Horsley: I agree. I mean, the gentleman seems like a hard working man and if I remember from October he said, he's a one man show also, which a lot of equipment one man operate, though, but anyway, I give him the benefit of the doubt. I think he's diligently trying to get straightened out and I'm sure after today, he will give it a good effort and go ahead and get it cleaned up. As far as the raccoons and whatever, I mean, as long as it's a wooded lot, you're going to have those animals. I don't care what else is there, you're going to have those animals and the homeowners just going to have to do some rodent repellent, or some type or hire an exterminator to come around if they got that much problem, but I can't see that we have to trigger all this damage to this gentleman's operation. Mr. Ripley: I agree. Ms. Oliver: Yes. Mr. Redmond:It just adds one last thing and that is for our benefit. He seems to be doing what we asked him to do. He came bac. The first time we said these are the steps and these are the conditions that probably would be acceptable and he seems to have done that. And so, I think there's great value. Ms. Oliver: Right. Do I have a motion? Mr. Graham: I'd like the motion that we approve. Ms. Oliver: Second. Mr. Inman: Madam Chair. I have to abstain as the objecting party is a client of mine. 7 Ms. Oliver: Noted. Ms. Cartwright: The vote is open. Ms. Sandloop: By the recorded vote of 8-0 with Commissioner Inman abstaining, agenda item number eleven has been approved. Ms. Oliver: Thank you. AYE 8 NAY 0 ABS 1 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN ABSTAIN OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. No activity including loading or offloading of woody debris or yard waste material shall be anywhere on the property. 2. There shall be no freestanding signs associated with the Bulk Storage Yard. 3. No customers or members of the public shall be permitted within the Bulk Storage Yard. 4. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be installed and maintained along the northern and eastern boundaries of the Bulk Storage Yard. A solid eight-foot tall solid fence shall be installed along the northern and eastern boundaries of the Bulk Storage Yard, as shown on the Site Layout exhibit. 5. Items stored within the Bulk Storage Yard shall be limited to equipment associated with the tree service company only. 6. There shall be no chipping, grinding, sawing, or processing of wood within the Bulk Storage Yard or anywhere on the property. 8 7. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or shipping containers on the site. All existing shipping containers on the site must be removed within 60 days of approval by City Council of this Conditional Use Permit. 8. The storage of combustible waste materials shall not be permitted on site. 9. All outdoor lighting fixtures shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 10. All outdoor lighting fixtures shall be shielded away from the adjacent multi-family use to the south of the property. 11. This Conditional Use Permit is valid for two years from the date of its approval by the City Council. 9 • l -1--- �' 5 © 1 _ LO LT,— ' N 0 EiE_ 0 E I li I ---1 r 1Iresil C -- I a 1 •N oe "11141/414114111 I. CO cV \\,.. skit\ N.,,,,,\- \ . IsX„. N. \<IC\7"..13,40. Q, .._t ± c,9 ----lil-1 II r j — l 1 € 1 a r >- 1 o c c — t!? N a CD i i / Nu >> 4 31 CITY OF VIRGINIA BEACH AGENDA ITEM �/ ITEM: JOHN H. DAVIS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1434 Gannet Run (GPIN 2417526621). COUNCIL DISTRICT — BEACH MEETING DATE: January 21, 2020 • Background: The 2,510 square-foot parcel in a residential neighborhood that is zoned A-12 Apartment District. There is one single-family dwelling on this site and the applicant is requesting a Conditional Use Permit for Short Term Rental. The application identifies this unit as a one-bedroom dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a one-bedroom Short Term Rental is three. The minimum number of parking spaces required for this use is one per bedroom, or one space in this case. • Considerations: This property is located in a neighborhood with single-family dwellings, duplexes and townhouses. The parking can be accommodated on site. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. 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. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process 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. 2. No events with more than fifty (50) people present, shall be held absent a special events permit. Events with more than fifty (50) people are limited to no more than three (3)events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. John H. Davis Page 2 of 3 3. 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. Physical response to the site of the short term rental is not required. 4. If 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. Notification 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 registration form; 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. 5. 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. 6. 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. 7. 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. 8. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 9. 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 ,000,000.00) underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). John H. Davis Page 3 of 3 12. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7Q' 1 City Manager: (, Applicant & Property Owner: John H. Davis Agenda Item Public Hearing: December 11, 2019 City Council Election District: Beach 17 t'ifyof Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation i �._ Approval # r Staff Planner Kevin Hershberger Location 1434 Gannet Run GPIN L Yy 2417526621 Site Size 2,510 square feet Existing Land Use and Zoning District Single-family dwelling/A-12 Apartment Surrounding Land Uses and Zoning Districts North 447 .r01,, lir Townhouses/A-12 Apartment ^, ` - r it South .oz , , *" Gannet Rung Townhouses/A-12 Apartment °T \East ' Townhouses/A-12 Apartment 14;.it 4"404. ltriet .14,411 set West _ Townhouses/A-12 Apartment : L s- - � w '�i'S -,),1 1: /r 1� if:, ,1in„ fi John H. Davis Agenda Item 17 Page 1 Background and Summary of Proposal Site Conditions and History • The lot size is 2,810 square foot and the zoning is A-12 Apartments. • There is a townhouse on the property that was built in 1983. • There are no complaints on the property. Summary of Proposal The applicant submitted a Short-Term Rental Conditional Use Permit request for the townhouse located 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: 1 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 3 • Number of parking spaces provided (1 space per bedroom required): 2 G \ ;) `. Preserve Drive �.5 a n ' ❑ p t�1� R TEE No Zoning History 1 -.� C 0 LJ o A r� 0 0 0 0 Gannet Run cap Ea o ° RS� ❑ o A•12 oQooap [did }- rOig Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance John H. Davis Agenda Item 17 Page 2 Evaluation and Recommendation The Short-Term Rental is a one-bedroom townhouse, and as such, only one on-site parking space is required. The two- car driveway satisfies this requirement. While not required at this point in the process, proof of liability insurance for $1,000,000 has been provided. No information regarding future signage has been proposed. No letters of opposition or support have been received. It appears that the requirements of Section 241.2 of the Zoning Ordinance regulating Short- Term Rentals can be reasonably met. 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 1434 Gannet Run and the Short-Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition 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. 3. No events with more than fifty (50) people present shall be held absent a special event permit. Events with more than fifty(50) people are limited to no more than three (3) events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 4. 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. Physical response to the site of the Short-Term Rental is not required. 5. 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 registration form; 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. 6. 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. 7. 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. John H. Davis Agenda Item 17 Page 3 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Rental. 10. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 11. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 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 November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019, and December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. John H. Davis Agenda Item 17 Page 4 Site Layout and Parking / � . , -- r � •o UIC l L L. PERREAULT ,1 LIC. NO. 3442 % 9/26/19 / \' .9' S URV 0 4 �r�`ri 3 i �N So 2'39,08.,E t 5 . __ c�t' 25.00' •`r'�No - ' DRAIN. . i ., , 4._--—-- 20.46' 35D I 36 lass' S 1 37 0 0 o N TownhouseCO 3 1• O O OQ U') Co 0 E N in n _. N N N i / dii, . . 21.7 .8.56' �, A Parking .'tip �E� i C,D ` 7/ PI^i tiq7 _.� i Q�N�NO N83.24 21 W �%�l-1� c�i de C{,^;ve t,v i GANNET RUNrlg 2 �4 (50'ROW) John H. Davis Agenda Item 17 Page 5 Site Photos e I, , ^'- '= . r; e r it a ,4 _ # _ ' --- I.- . . . i , :. - ------- . ! , - . ..''44'°,'_.-,-,,„„,,,,,,,,',* ... _„, _ ....4., ...„...., _, , _ ___ , _ _ John H. Davis Agenda Item 17 Page 6 Disclosure Statement • AB APPLICANT'S NAME John Hunter Davis 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-Economic Economic Development Nonconforming Use Compliance,Special Investment Program Changes _Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board — Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR Ciro USE ONLY/All Page 1 of 7 Cit Council meetin a APPLICANT NOTIFIED OF HEARING i/3 2..O ✓ er El] NO CHANGES A5 OF J!i3 2Q J ® REVISIONS SUBMITTED I John H. Davis Agenda Item 17 Page 7 Disclosure Statement • Virginia peach ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. u Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:John Hunter Davis 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) (8) List the businesses that have a parent subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN: complete the following. (A) List the Property Owner's name:If an I I C, list the memhar'c names: Page 2 of 7 John H. Davis Agenda Item 17 Page 8 Disclosure Statement 1113 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below; (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entityrelationship" means "a relationship, other than p" parent-subsidiary relationship,that exists when(i) one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please.identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 John H. Davis Agenda Item 17 Page 9 Disclosure Statement .1k/i3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® 1 counting and/or preparer of your tax return i' Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than ik the Applicant)-identify purchaser and purchaser's servke providers Any other pending or proposed L/� !A purchaser of the subject property (identify purchaser(s)and purchaser's servke providers) I ® Construction Contractors •i y� Engineers/Surveyors/Agents c�, "`r`�p� Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition �[ or construction of the property) igLegal Servkes 5 c I.aau fam Real Estate Brokers/ I © 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 7 John H. Davis Agenda Item 17 Page 10 Disclosure Statement .111/4"3 "itg nia Bead 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 l'4 ica n. John Hunter Davis 9/16/2019 • APPL IG4N7'S SIGNATURE PRINT NAME DATE Page 5 of 7 John H. Davis Agenda Item 17 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the 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. John H. Davis Agenda Item 17 Page 12 Item#17 John H. Davis Conditional Use Permit(Short-Term Rental) 1434 Gannet Run District—Beach December 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the Short Term Rental. The Planning Commission places the following applications for the conditional use permit for Short Term Rental on the consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; City Council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond: Second. 1 Ms. Sandloop: The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine,ten, eleven, fourteen, nineteen, twenty, twenty one, twelve and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 1434 Gannet Run and the Short-Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Condition 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. 3. No events with more than fifty(50)people present shall be held absent a special event permit. Events with more than fifty(50)people are limited to no more than three(3) events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 4. 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 2 contacted and to address conditions occurring at the Short-Term Rental within thirty(30) minutes. Physical response to the site of the Short-Term Rental is not required. 5. 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 registration form; 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. 6. 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. 7. 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. 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Rental. 10. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 11. The Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. 12. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 3 i ,,,-----\,,, , r-----\ __., --I-' 400 z*,,,,, CD 10 w1 j t N , ,,__ c----R, 10 jar dt__ .., ,, 0 _ _ - 1 _ tii p `', ; r \ '\v 'v m \ \ i , to l _ k - --\\ \ 4 \I s \t � ! V__— ritt e'-a_ r.---� f edt - - 1 '1 ', \ � cn I c 1i. I \ ti\\\\\ •-,,___ \ \ , cp LZ. C \ \ ---- \,.. ,, h t 5' -- _ 1' !' t ‘, 0 W J; ''' t Q` t' E `t -�r"� ar - � (n CO -- r y .' .--' '! I - I i1 � t4- ----j _. i \ 0 `' 9? ^-- -a a) ....1.. \tiCNA ' - - , 1,, I-I CI__ _,,,__._i ,,, Cl.) —1 l J w E Lt? -,`" rn Ni a m ( �.^�4,:s.„:„ H 1 4. gi. L 4 FJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOSHUA LIPPOLDT [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2508 Mediterranean Avenue (GPIN 2417991703). COUNCIL DISTRICT — BEACH MEETING DATE: January 21, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on this 5,000 square-foot parcel at the oceanfront that is zoned R5-S Residential District (Old Beach Overlay). There is one three-bedroom single-family dwelling on this site. The maximum occupancy for guests on-site after 11:00 p.m. for a three- bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: This property is located approximately five blocks from the public beach of the Atlantic Ocean. Accordingly, the use of single-family dwellings as short term rentals is expected in the surrounding area. As the property is located in the area of the oceanfront where parking is limited, Condition 1 limits the Residential Parking Permit Program (RPPP) parking passes to two residential passes, and further prohibits guest permits and temporary permits through the RPPP. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. 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. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process 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 Joshua Lippoldt Page 2 of 3 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. 3. No events with more than fifty (50) people present, shall be held absent a special events permit. Events with more than fifty (50) people are limited to no more than three (3)events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 4. 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. Physical response to the site of the short term rental is not required. 5. If 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. Notification 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 registration form; 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. 6. 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. 7. 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. 8. 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. 9. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. Joshua Lippoldt Page 3 of 3 10. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 11 . There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 12. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be nine (9) individuals (three (3) individuals per bedroom). 13. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 14. The existing shed located at the rear of the property shall be removed, or moved to meet setback requirements. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department* City Manager: L. BApplicant & Property Owner: Joshua Lippoldt Agenda Item Public Hearing: December 11, 2019 City Council Election District: Beach 18 Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation J7_,..,.4._./71 Approval l';----/ Staff Planner Kevin Hershberger `Location 11111:1■11111111111111t111111104.1 � is - 2508 Mediterranean Avenue iiiiiiiiiim ....... GPIN 10111110111.1W 2417991703 Site Size 5,083 square feet 1111100001 1111111 �� Existing Land Use and Zoning District Single-family dwelling/ R-5S Residential Old Beach Overlay Surrounding Land Uses and Zoning Districts i+� y9 North ', 1. . t 4 If. 25th 1/22Street t•, :4 p.� y •• ' Single-family dwellings/ R-55 Residential 't. ' South $ 25th Street City School/ R-5S Residential - ` t�� }. 4 ''• ' X • East h F Y ;. Single-family dwellings/ R-5S Residential ,• - F; r , -k West i Mediterranean Avenue ,1 i ' Single-family dwellings/ R-5D Residential :� 1 _ , r:"-� s ;' ° €� % 4: am . , 10 Y !, e Joshua Lippoldt Agenda Item 18 Page 1 Background and Summary of Proposal Site Conditions and History • The site is 5,083 square feet and is zoned R5-S and Old Beach Overlay. • This is a single-family dwelling that was built in 1978. • There are no past zoning issues. Summary of Proposal • Number of bedrooms in the Short-Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces provided (1 space per bedroom required): 3 f _.. -Ft ac` ° No ZoningHistory o � _3C_n \(11 14 \& ss � Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation The existing single-family, three-bedroom dwelling was built in 1978. The parking plan has been reviewed and accepted by the Zoning Administration. Proof of liability insurance for$1,000,000 has been provided. No signage has been proposed yet. No letters of opposition or support have been received. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Joshua Lippoldt Agenda Item 18 Page 2 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2508 Mediterranean Avenue and the Short-Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition 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. 3. No events with more than fifty(50) people present, shall be held absent a special event permit. Events with more than fifty(50) people are limited to no more than three (3) events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 4. 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. Physical response to the site of the short-term rental is not required. 5. 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 registration form; 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. 6. 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. 7. 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. 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Rental. 10. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 11. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Joshua Lippoldt Agenda Item 18 Page 3 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 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 November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019, and December 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report,as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 5,2020,and January 12, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6,2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/citv-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. Enter number of letters here Joshua Lippoldt Agenda Item 18 Page 4 Site & Parking Layout ,.__ ._ r'.i3{? - Lit ri- �y • �M� x�x 1Y,w,c bil r. EE CONCRETE BLOCK 3 o x ei___ l RETAINING WALL OO 1.-7:1-7 _.t1.1- .LL!_.�1'��._ar ----, ` �,�` .4$.5L .gymtr / aaur� N aDNE x(UAISHADEp} ,. FENCE \ 12.1' e.z AA Li LLI Hilt ill C. %Ai 1 IPd 50 t , r in w o\ / o cx HVJIC W a ;QptL V.%i n l is cj(V) 6 �``` p ',i n Li w .'CIi 3 x� le Sin le Tamil w Y cn d i g 1�.,,' ,, w dwelling - I Q N r-0 ire ENC Cv 4.2 Parking • P I OVERHEAD WIRE TP . e 71.4 3' _�OL S 07'-15'E . PIN NOTES MEDITERR AV NUE t.PROPERTY APPEARS TO FALL wITRA ZONE X `, {SHHADED)(AREA OF 0.2%ANNUAL CHANCE FLOOD, r-- 3 fh.•ta t_,(f:,...e) AREAS Of 1%ANNUAL.CHANCE FLOOD MATH AVERAGE YanJ.' 1 ,;c _ )'/`N.•,_ DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE j/, �'�- -----• -- _ /G�_ ..t. ...' AREAS LESS THAN 1 SQUARE MILE;AND AREAS ' • PROTECTED BY LEVEES FROAA L CHANCE _•--. ..3:..?' ,�i'.-�r ,•••_FLOOOL AND ZONE X:UNSHADED) (AREA)(AREA DETERMINED TO B£OJT SIDE C 2%ANNUAL CHANCE FLOODPLAIN), �.� ` tip . Y »� yT Joshua Lippoldt Agenda Item 18 Page 5 Site Photos +.. >, z r .' • E•I .1 J i.......J': ' ii ,, w ,._C a,4 w a . yrSIT i • e'4 `Nail i `� ` T p . `""7, t -. ri Hi_ - __ 0 LI • Joshua Lippoldt Agenda Item 18 Page 6 Disclosure Statement curd Virginia Beach APPLICANT'S NAME 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 Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit Council meeting that pertains to the application(si. APPUCANT NOTIFIED OF HEARING DATE: / A2,/,/1 1 ® NO CHANGES AS OF `�NLN. DATE: /b/j�Jj' /'�'I/" ` C%Si/ici. tep p REVISIONS SUBMITTED DATE: Joshua Lippoldt Agenda Item 18 Page 7 Disclosure Statement nro� Virginia Beach fl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:___-Ltr-p-llj, l�+OMIA__Otcr_ If an LLC, list all member's names:' S06hVo. Lifpo1Ji- tnn;c 11t Lie 144 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different from Applicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. aCheck 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:^44 ..A__ t .__ ,_ If an LLC, list the member's names: 3001u. L.;peeto ' Qsn;tt t Lilheild4. Page 2 of 7 Joshua Lippoldt Agenda Item 18 Page 8 Disclosure Statement ..\&34 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be Aerated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Joshua Lippoldt Agenda Item 18 Page 9 Disclosure Statement \33 APPLICANT MVO rginia Beach YES NO SERVICE PROVIDER(use additional sheets if I J Ei Accounting and/or preparer of I ' your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ El the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed • ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors I N I Engineers/Surveyors/Agents Financing(include current ❑ I-_ f mortgage holders and lenders (�J selected or being considered to provide financing for acquisition or construction of the property) El17 Legal Services Real Estate Brokers/ U x Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development x contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Joshua Lippoldt Agenda Item 18 Page 10 Disclosure Statement 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. d_ �Qsh� 1.4old 10-1.2e11 j AP►LIcANT'S SIGNATUR PRINT NAME DATE Page 5 of 7 Joshua Lippoldt Agenda Item 18 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. Joshua Lippoldt Agenda Item 18 Page 12 Item#18 Joshua Lippoldt Conditional Use Permit(Short-Term Rental) 2508 Mediterranean Avenue District—Beach December 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the Short Term Rental. The Planning Commission places the following applications for the Conditional Use Permit for Short Term Rental on the consent agenda as these applications meet the ethical requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; City Council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond: Second. 1 Ms. Sandloop: The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order,items number nine, ten, eleven, fourteen, nineteen, twenty, twenty one, twelve and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE _ BARNES ABSENT GRAHAM AYE _ HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2508 Mediterranean Avenue and the Short-Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition 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. 3. No events with more than fifty (50)people present, shall be held absent a special event permit. Events with more than fifty (50)people are limited to no more than three (3) events in a calendar year. No more than one hundred (100)people shall be present at any event held on the property. 4. 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 2 contacted and to address conditions occurring at the short term rental within thirty (30)minutes. Physical response to the site of the short-term rental is not required. 5. 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 registration form; 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. 6. 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. 7. 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. 8. 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. 9. Accessory structures shall not be used or occupied as Short-Term Rental. 10. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 11. The Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 12. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 3 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 4 ti` it 8 In 0�0 ____41,ip_______,7 4 ' til oi / ,,, , / 0 7- 3 ; •' 7 L. ko ----„: I = 1 7 _____: , � -- - - r V ueiry pain ea 8 ), I CD \X\- it t L„. 0 LLD 1:::i7k\rI s/ 4. ii /) . Q cti i i • i�r _ f f m W Cn M in N i 8nU __,_ (....„1.1 r- �e7 9griy , 41) o C I `` n N a m ifu? , . 17 i - t 7 j ii 1 1 J�? r �N(AOfA a 1 a•* t 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCOTT KOEHLER [Applicant] SCOTT & HEATHER KOEHLER [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2513 Beaufort Avenue (GPIN 15704281350000). COUNCIL DISTRICT — BAYSIDE MEETING DATE: January 21, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on this 10,000 square-foot parcel located near the Chesapeake Bay on property zoned R- 7.5 Residential District (Shore Drive Overlay). This lot contains one single-family dwelling. City records note this unit as having three-bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: This property exists in a neighborhood zoned for single-family dwellings. Furthermore, the subject site is located approximately 700 feet from the public beach of the Chesapeake Bay where Short Term rentals of dwellings are to be expected. The property's existing driveway can accommodate all three required off-street parking spaces and the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met. There was one speaker in opposition at the Planning Commission hearing who noted concerns related to noise and unruly behavior at the Short Term Rental. In addition, three letters of general opposition and three letters of support have been received by Staff relating to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The following conditions shall only apply to the dwelling unit addressed as 2513 Beaufort Avenue and the Short Term Rental use shall only occur in the principal structure. 2. As depicted on the Parking Plan titled "Physical Survey of Lot 5, Subdivision of Chubb Lake Villa," dated May 15, 2019 and created by Alphatec Scott Koehler Page 2 of 4 maintained all-weather surfaces and be made available to the Short Term Rental occupants. 3. The existing 12.2-foot by 8.2-foot one-story frame shed as shown on the submitted survey titled "Physical Survey of Lot 5, Subdivision of Chubb Lake Villa," dated May 15, 2019 and created by Alphatec Surveyors, LTD, must be relocated to meet the minimum required 5-foot rear yard setback and 5- foot side yard setback. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of the Conditional Use Permit will be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental, where it 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 with more than fifty (50) people present, shall be held absent a special event permit. Events with more than fifty (50) people are limited to no more than three (3)events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or 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. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental registration form; 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. Scott Koehler Page 3of4 9. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 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 Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 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 ,000,000.00) 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 three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Scott Koehler Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 7? Submitting Department/Agency: Planning Departmen1120 City Manager: T L- Applicant: Scott Koehler Agenda Item Property Owner: Scott & Heather Koehler Public Hearing: December 11, 2019 14 city of City Council Election District: Bayside Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation Approval <.. Staff Planner William Miller Location 2513 Beaufort Avenue o \ G P I N 15704281350000 ;. Site Size 10,000 square feet Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts } ,1 � t : North Single-family dwellings/ R-7.5 Residential 'L•' ' (Shore Drive Overlay) '�JIA, South • r. Single-family dwellings/ R-7.5 Residential y to i{F (Shore Drive Overlay) °" N. •East Beaufort Avenue • " $ 4 , 44/ Duplex dwelling and Single-family dwellings/ R- *' r#,. • , 5R Residential (Shore Drive Overlay) West # Single-family dwellings/ R-7.5 Residential a "` F (Shore Drive Overlay) ; E - t Scott Koehler Agenda Item 14 Page 1 Background and Summary of Proposal Zoning Background Existing Site Conditions • The site is a 10,000 square foot parcel located within the R-7.5 Residential District (Shore Drive Overlay). • A total of one single-family dwelling is located on the site. According to City records, the dwelling was constructed in 1958. • All existing structures on the site appear to comply with current setbacks except a small frame shed located in the northern corner of the lot, which sits closer to the property lines than allowed by code. Accessory structures have not been allowed to be located closer than 5 feet from the property line. A condition requiring that the shed meet the required setback is listed on page 3 to correct this violation. City Council Actions • No previous City Council actions were found for this property. Summary of Proposal The applicant submitted a Short-Term Rental Conditional Use Permit request for the single-family dwelling located 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 (maximum 3 per bedroom): 9 • Number of parking spaces provided (1 space per bedroom required): 3 • History of code violations (noise, parking, etc.): None found Scott Koehler Agenda Item 14 Page 2 R-NR 41* NrR pi Zoning History # Request R 1 S V R(Lot Width)Approved 09/13/11 • 4 R=SR � r A-t Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation This property rests on the border of a lower density R-7.5 single-family dwelling zoning district and a higher density R-5R duplex zoning district. Furthermore, the subject site is located approximately 700 feet from the public beach of the Chesapeake Bay where Short-Term Rentals of dwellings are to be expected. The requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2513 Beaufort Avenue and the Short- Term Rental use shall only occur in the principal structure. 2. As depicted on the Parking Plan titled "Physical Survey of Lot 5, Subdivision of Chubb Lake Villa," dated May 15, 2019 and created by Alphatec Surveyors, LTD, a minimum of three (3) on-site parking spaces must be maintained all- weather surfaces and be made available to the Short-Term Rental occupants. 3. The existing 12.2-foot by 8.2-foot one-story frame shed as shown on the submitted survey titled "Physical Survey of Lot 5, Subdivision of Chubb Lake Villa," dated May 15, 2019 and created by Alphatec Surveyors, LTD, must be relocated to meet the minimum required 5-foot rear yard setback and 5-foot side yard setback. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of the Conditional Use Permit will be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and Community Development shall notify the City Council in Scott Koehler Agenda Item 14 Page 3 writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where it 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 with more than fifty(50) people present, shall be held absent a special event permit. Events with more than fifty(50) people are limited to no more than three (3) events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or 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. Physical response to the site of the Short-Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; 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. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 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 Rental. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 14. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 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 ($1,000,000.00) 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 three (3) individuals per bedroom. Scott Koehler Agenda Item 14 Page 4 • 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 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 • The applicant corresponded with the Chesapeake Bay Civic League on October 30, 2019 via email to discuss the details of the request.The Civic League president wrote, "We do not involve ourselves in short term rentals." • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three letters of support have been received by Staff relating to this request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 5, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019, and December 1, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 5, 2020, and January 12, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 6, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 17, 2020. • Six letters of support/opposition have been received by Staff noting support and concerns related to this application. Scott Koehler Agenda Item 14 Page 5 Site Layout and Parking Shed does not meet the required distances from the property lines (setbacks). See condition #3 N 22'58' E 100' IN o.s'f _ 11 z 12.2 - 11 INGROUND FRAME �� POOL iSHED 1-7-5 '-' WOODEN �-- - o a DECK;.�\��1T -`' Ct I - `UTILITY UTILITY co �� cx- SHED PAD w r _t. 23.7 "' z 52.6' '� N p i IA1"8 l ONE STORY M o f `a BRICK & FRAME i. 'I `° z .� N BUILDING co •CA N 4. o #2513 PORT o x- z_ zx - — ' Three on-site ,.,,... ...—parking spaces I_ ._.. - - - --- - - - - — J 1 2 LOT5 3 oQ��' 100' ,4 N I S 22 W !1n'AINAGE 4 • + -— T STRUCTURE •. • r �t ,�' rr P , BEAUFORT AVENUE Scott Koehler Agenda Item 14 Page 6 Site Photos Ail;114 a _••_- Li • 1.1.110111611., Scott Koehler Agenda Item 14 Page 7 Disclosure Statement • Virginia Beach APPLICANT'S NAME 5r4.tt /4re‘k.,- DISCLOSURESTATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of i by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exce•tion for (EDIP) Changes Board of Zoning Encroachment Request Rezoning • •eals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE OR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any I Page 1 of 7 ''annin Commission and City Council meetin.that lication(s). C3 APPLICANT NOTIFIED OF HEARING 12.i2 2011 /fr.Ay,m -vnin.. ",/ 1 NO CHANGES AS OF t2 0.2.019 O REVISIONS SUBMITTED DATE: Scott Koehler Agenda Item 14 Page 8 Disclosure Statement -\18 Virginia Beach l l Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ff property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: `�co if ,(ce j,- ; , /4eta,- Page 2 of 7 Scott Koehler Agenda Item 14 Page 9 Disclosure Statement 1„, "3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 -Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 `Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating,or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Scott Koehler Agenda Item 14 Page 10 Disclosure Statement VB APPLICANT Virginia Beach --[YES] NO SERVICE - I I PROVIDER klonal sheets If J n Accounting and/or preparer of 7G.,:,a- Dw:r ` I your tax return CI Architect/Landscape Architect/ C I Land Planner ® Contract Purchaser(if other than Li the Aoolicant)-Identify purchaser and purchaser's service providers „,cfil Any other pending or proposed vrTr ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers(Surveyors/Agents 1 Financing(Include current n ❑ mortgage holders and lenders selected or being considered to V1/I'c' '--'- provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers/ n El Agents/Realtors for current and anticipated future sales of the subject property 4 I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Scott Koehler Agenda Item 14 Page 11 Disclosure Statement a r 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 1 meeting, or meeting of any public body or committee in connection with this Application. Sep4" ke44, g/WM n A3v1l T'S TURE PRINT NAMEDATE Page 5 of 7 Scott Koehler Agenda Item 14 Page 12 Disclosure Statement 1\1B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if] needed) ® Accounting and/or preparer of �cwF: j ii your tax return D El Architect/Landscape Architect/ Land Planner ❑ �� Contract Purchaser(if other than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed Cj ! purchaser of the subject property �JJ (identify purchaser(s)and purchaser's service providers) Construction Contractors t nEngineers/Surveyors/Agents -1 p14Q TeC ( Or Y l Pi l i Financing(include current —' mortgage holders and lenders selected or being considered to Vi// " 4 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 6 of 7 Scott Koehler Agenda Item 14 Page 13 Disclosure Statement 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 I meeting, or meeting of any public body or committee in connection with this Application. A Pgd�OWN ER'S SIGNATURE PRINT NAME i DATE Page 7 of 7 Scott Koehler Agenda Item 14 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Scott Koehler Agenda Item 14 Page 15 Item#14 Scott Koehler Conditional Use Permit (Short-Term Rental) 2513 Beaufort Avenue COUNCIL DISTRICT—BAYSIDE December 11, 2019 RECOMMENDED FOR APPROVAL Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the city council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine,ten, eleven, fourteen, nineteen, twenty, twenty one twelve and thirteen, Mr. Tajan. Ms. Sandloop: Our next agenda item is number fourteen, Scott Koehler, an application for a Conditional Use Permit Short Term Rental on property located at 2513 Beaufort Avenue in the Bayside District, will the applicant or his representative, please step to the podium. Ms. Oliver: Hi,how are you? Ms. Koehler: I'm Heather Koehler. Ms. Oliver: Welcome. Ms. Koehler: Thank you. Ms. Oliver: You want to tell us a little bit about your applications Mrs. Koehler? Ms. Koehler: It's just the Conditional Use for vacation rental. Ms. Oliver: Okay. All right. That's it. I guess we will get back to you. Ms. Sandloop: We have one speaker Melissa Lake. Ms. Oliver: Hello, how are you? Ms. Lake: Hello. Ms. Oliver: State your name for the record place. Ms. Lake: Melissa Lake. Ms. Oliver: All right. 1 Ms. Lake: Getting over a cold and a little nervous. Ms. Oliver: Don't be nervous. Ms. Lake: Thank you for allowing me to speak and voice my opinions in opposition's. I have two letters of opposition that I want to submit to all for this application. The first is what I'm going to be reading and the second is from my neighbor who wasn't able to attend today. We are opposing the requested Conditional Use Permit for the Short Term Rental for the property of 2513 Beaufort, which is directly behind my residents, and is that 2412 Chub Lake Avenue. In the past six months, my family and neighbors have experienced the negative effects of the short term rental, as the homeowner directly behind the property, we have seen how the short term renters do not have the same level of respect as a long term renter would,nor would I expect them to,they are there for vacation. Unfortunately though,they don't have any concern for the social repercussions of their neighbors being disturbed by their delight of vacation. I also have a three year old daughter, and there have been many occasions in the last six months where we've had to move our playtime from the safety of our backyard with her swing set to the front yard. At we're inside due to the lack of respect from the short term renters. In our short time frame of the six months that they had been operating as a Short Term Rental, we've had cigarettes butts thrown into our backyard. We've had balls and pool toys appearing in our backyard, towels and bathing suits being hung on the fence. At times, they blow over into our yard and we have to go and hang them back up hoping that they will come back and get them, several cases that they did not and I got the opportunity to dispose of them. I'm concerned that I cannot comfortably allow my daughter to play in our backyard without some level of worry of what might be the next thing that comes over. We've experienced passionate and possibly alcohol induced conversations that contains so much profanity, it would make you blush. We've experienced music with the same amount of profanity. I don't want my daughter to be exposed to. In the seven years of living in our home, we've had this home be a long term rental and we've never had problems, we were able to respectfully have relationships with the long term renters. So although I know that they meet the requirements,there is one that I question and that has to do with the fact that online they're listing states that accommodates nine, which is what they also put in their application, but in their description, they actually have 10 beds listed. Ms. Oliver: I'm sorry ma'am. You are out of time. Ms. Lake: The rest is in the letter. Ms. Oliver: Do we have any questions? 2 Mr. Weiner: I do. First of all, I want to congratulate you, you are our very first opposition to Short Term Rental. Okay, so just want tell that. We spent two years doing this, you know, by watching news. There's so much, there's only but so much we can do. Okay. The only thing that you can do is make calls to 311 service or call the police or call somebody when you have something come up like that. Okay, there is still a re-strike rule. It has to go through Council and then the Conditional Use Permit can be revoked. Okay. Really and truly, as of right now,unless you have a neighborhood civic league or you get with your neighborhood and they come up with an overlay district in your neighborhood to not have so many Conditional Use Permits in there. Our hands are tied, we can't do but so much. Ms. Lake: I understand and I appreciate, sharing this information about the 311 because I wasn't aware of that. Mr. Weiner: Okay. Mr. Ripley: Wait, isn't it a two year term? Ms. Oliver: It's a five year term. Mr. Ripley: If you have continuous problems and they don't respect with your property, then the planning director is going to bring it back in here. I'm sure. He's not going to tell them they can't do it. He's going to bring them back here. It's going to be a public hearing and very likely could be denied that use. So it's in his best interest to work with you. Ms. Lake: Thank you. Ms. Oliver: Yes Dave. Mr. Redmond: I would also advise that if you run into first off you and the owner of the property, everybody's hoarse today, I'm sorry, you're not feeling well. I would suggest that you document some of these things when you can so stuff that ends up in your yard or circumstances where there's some, you know, ongoing, as you say, spirited conversation, to put it charitably, you know behind your property, I would do my best to document that because that can be important down the road when this is tested. I am very sympathetic to your view, but I think that kind of because the last thing we want out of Short Term Rentals, or anything that we're faced with is that they negatively impact people's, the family life of adjacent property. So my antennas up, hair on the back of my neck is up and I would encourage you to document some of those things. I think that would be useful as we go on. Ms. Lake: Fortunately, I have so I'll continue. 3 Mr. Horsley: And I might say that,you know,this is the reason when we saw Short Term Rentals as Mr. Weiner said we spent two years and that was one reason that we kept, some of us kept pushing for the use permit process because that was the only way that we felt that we could protect the neighborhoods and the long term residence there. They would have the opportunity to come back with either come with something in front that was negative or if you have some problems, you know, you just keep documenting and eventually the use permit will go away. It'll have to if you get enough calls about. Ms. Lake: Of course, thank you. Ms. Oliver: I do have a question,how often is the house rented? Ms. Lake: Through,well because we live in Chic's Beach during the summer months, starting in June, they completed the renovation in May and starting in June, I believe was right around when I first started consecutive dates, I mean to the point where it was turned over that same day, the one group was leaving and the next check in was arriving that evening. Ms. Oliver: So she is renting more than? Ms. Lake: No more than seven days or two occupants in more than,two contracts in more than seven days. No. Ms. Oliver: No, she's not. Okay. Ms. Lake: Correct. Ms. Oliver: Okay. Yes. Mr. Inman: Are you familiar with the ordinance? Have you read the ordinance? Ms. Lake: Yes thoroughly. Mr. Inman: The requirements are, that there's violations, so there's requirements, apparently they're in compliance with that, but if they had a compliance, then that's an issue, you should. Ms. Lake: Well, that's where one of them was that about the beds because when we originally saw this, we had hoped that they were doing this only short term while they were going to move in hopefully, that was me being helpful and naive. And when we looked at, when I first researched it and found them online, on turnkey, or FlipKey, I guess it's FlipKey.com. It originally listed it as 12 beds and that was obviously before the ordinance had gone into effect. And I wish that I had actually copied it. I copied the URL at that time because I had forwarded it to our neighbors' and said, 4 this is unfortunate that we're going to have people have large groups staying in one home. And so then when I went back, due to the hearing, I went to look in depth, the listings, that they have the descriptions of the listings, and that's where I found that although they had nine people, they still have 10 beds listed. And that's 10 beds, three of which are larger than a twin bed. Mr. Redmond: We're going to address that with the applicant shortly. Ms. Oliver: Okay. And I just want to ask one more question and the parking,how is that? Ms. Lake: The parking is sufficient because they do have a longer driveway. So yes, that's sufficient. And that street,they're allowed to park on the street, ours unfortunately, no. Ms. Oliver: No, she's not allowed to park on the street. Ms. Weiner: They're not allowed per the parking regulations for the amendment ordinance. They're not allowed to use those parking lot streets as parking. Ms. Lake: I think there were couple of times when the renters were there and then they had guests over as well. They were taking up that parking. Mr. Tajan: Can I just clarify that one point that the public right-of-way can be parked on in order for it to count towards the required parking, they have to have the site sufficient on or access to their property. Mr. Ripley: So is their a privacy fence, that's between you and the property? Ms. Lake: Yes, there is because they have a pool. So they're required. Mr. Weiner: Six foot high? Ms. Lake: Yes. Ms. Oliver: Yes. Mr. Graham: Have you ever had to call the police when they've had get together or parties? Ms. Lake: I have been lenient on that. I won't be so much in the future. Mr. Graham: Okay. Ms. Oliver: All right, thank you very much. Ms. Lake: Thank you for your time. 5 Ms. Oliver: Absolutely. Thank you for yours. Would you like to come up,please. Hi,how are you? Ms. Koehler: Good. Ms. Oliver: Good. Anybody have any questions? Yes. Mr. Redmond:Advertising thing so nine means nine, right? Does not mean 10, doesn't mean 12, and means nine. Ms. Koehler: Correct. So when we had done our original listing,the listing company accidentally put us as 12 beds, even though we were only advertising as sleeping in the main rooms,we just have options for other types. So when you have like,so I'm a family, I have five kids. So when we have our family at the home, sometimes it's nice if another couple comes with us to have a place for like couples to sleep,but then also a bunk room for kids to sleep in. So we have a bunk room, and then two king bedrooms. And then we have a sofa that pulls out. But it's kind of just like as needed. We advertised just sleeping nine, but we just have other bed options. So like when I listed on the promoting website or say like,how many different options you have. Does that make sense, we only sleep nine. So from 11 o'clock, I think the standard is 11 o'clock. It might be 10 o'clock at night on. There's only supposed to be nine people at the residence. Mr. Redmond:Yeah, I think it my suggestion and take it for what it's worth is that I'd stick with nine because, yes, down the road that is you know, frankly grounds for having your permit revoked. Ms. Koehler: That is totally fine. Mr. Redmond: I would be, I think she has a point and I would be very careful about that. Were you aware of any of these kinds of the noise complaints, cigarettes over the fence? Ms. Koehler: No, we weren't. Mr. Redmond: I'd be on the warpath too if somebody were dumping cigarettes onto my property, Ms. Koehler: Right. Well, and we have like a no smoking policy like on our property at all, and we actually ask people to abstain from like even smoking within the yard. And then we have not had any complaints from any of the other neighbors on either side of us that are very close proximity wise as well. And our one neighbor helps take care of the property when we're not able to be there. And I haven't heard 6 anything about noise or issues along those lines outside of normal everyday people being in a backyard, having fun around a pool, right. Nothing out of the normal. Mr. Redmond:Lastly, I would, again for what it's worth,since it is just a suggestion,I think always think the more communication the better. You might want to stay in contact, recognize and concerns that she has. I think it would be for everyone that that you all be in communication, there are some things she could probably help you with and some things that you can help her with and as this is a new path for all of us, so I think that would probably serve everybody well. Ms. Koehler: No, I agree. And now I'll reach out to her after this as well,just so that if there is an issue, I can get it under control immediately. Mr. Redmond:Thank you. Ms. Oliver: Ron. Mr. Ripley: Well, I think you heard her loud and clear. I take it,just what are concerned for and you know,these Short Term Rentals,you're in a neighborhood here and versus being out on the beach, for example and it's little more,this is what caused the Short Term Rental was let's say, the beachfront properties and the need to regulate it because we had no regulation but as they go into inside the neighborhood, that's a different ballgame. Sound carries, disruption is greater so you really need to police your guest, you really need to police them and condition them when they come in there, if you just say listen, if you can't go nuts here, you're going to get we'll come back, it's probably going to reflect on you. Ms. Koehler: Right. We have in multiple different places, please be respectful, it is a neighborhood like, you know, strict 10 o'clock policy at night. Like please do not be outside talking or carrying on is the neighborhood people do wake up in the morning so, and we communicate that before they check in as well. So we'll definitely get that under control. Ms. Oliver: All right, any other questions? Yes. Mr. Wall: So you're currently operating? Ms. Koehler: No, we don't have any rentals right now. Mr. Wall: You don't have any rentals right now, okay. Ms. Oliver: All right. Great, thank you. All right, we are going to close the hearing and open it up for discussion. Anybody? Yes, Mr. Redmond:I move approval of the application. 7 Mr. Alcaraz: Second. Ms. Oliver: All right. Ms. Cartwright: The vote is open. Ms. Sandloop:By recorded out of 9-0, agenda item number fourteen has been approved. Our next agenda item to address is 19, 20 and 21, which is HH VB2 LLC. An application for Conditional Use Permit Short Term Rental on property located at 400 and 402 33rd Street and 3216 Arctic Avenue, located in the Beach District. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2513 Beaufort Avenue and the Short-Term Rental use shall only occur in the principal structure. 2. As depicted on the Parking Plan titled "Physical Survey of Lot 5, Subdivision of Chubb Lake Villa," dated May 15, 2019 and created by Alphatec Surveyors, LTD, a minimum of three(3) on-site parking spaces must be maintained all-weather surfaces and be made available to the Short-Term Rental occupants. 3. The existing 12.2-foot by 8.2-foot one-story frame shed as shown on the submitted survey titled "Physical Survey of Lot 5, Subdivision of Chubb Lake Villa," dated May 15, 2019 and created by Alphatec Surveyors, LTD, must be relocated to meet the minimum required 5-foot rear yard setback and 5-foot side yard setback. 4. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of the Conditional Use Permit will be administrative and performed by the Department of Planning and Community Development; however, the Department of Planning and 8 Community Development shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short-Term Rental, where it 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 with more than fifty(50)people present, shall be held absent a special event permit. Events with more than fifty(50) people are limited to no more than three(3) events in a calendar year. No more than one hundred (100)people shall be present at any event held on the property. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator, or 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. Physical response to the site of the Short-Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c" below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short-Term Rental registration form; 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. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 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 Rental. 13. No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short-Term Rental. 9 14. The Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 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 ($1,000,000.00) 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 three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 10 0 f , 9 ii ,,, ....._, ic _77,,,,,,;7,,,,,,,,c,1-'7\'',_ ._ \ -\\ ,----- e, - ••\ t • 6), , _ �J \ et5 - 0 / s .00 _ 1 /r / \N- )ifo t .,-''r; ''.\ 1 ..0 , . , \ IV ati 1 CI ,, , (i. r; Fi{ � -a L , / li 0 r S\ co 0. LIIIIIt7 • 7 c 4? a ,k U r 1. an F g , ' 3 v c i g u) N O. m - I .41 (; =SJ 1- i.J �i CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ARMANDO & PATRICIA ELLIS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 901 Park Landing Court (GPIN 1475528133). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: January 21, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on this 6,322 square-foot parcel zoned PD-H2 Planned Development. There is one four-bedroom, single-family dwelling on the site. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this case. • Considerations: This property is located in a single-family residential neighborhood. The parking is available on site, with one space partially in the right-of-way. As permitted by the Zoning Ordinance, the Zoning Administrator has reviewed the parking plan and determined it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. 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. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process 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. 2. No events with more than fifty (50) people present, shall be held absent a special events permit. Events with more than fifty (50) people are limited to Armando & Patricia Ellis Page 2 of 3 no more than three(3)events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 3. 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. Physical response to the site of the short term rental is not required. 4. If 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. Notification 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 registration form; 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. 5. 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. 6. 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. 7. 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. 8. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 9. 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 10. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Armando & Patricia Ellis Page 3 of 3 11. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals (three (3) individuals per bedroom). • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ? City Manager: 7 (, Applicants and Property Owners:Armando & Patricia Ellis Agenda Item Public Hearing: December 11, 2019 City Council Election District: Centerville I. 6 Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation fJp Approval 4/ �� ' •' Staff Planner if % ..f°` / Kevin Hershberger t / -----4-_____/ ♦ ,"a Location 901 Park Landing Court GPIN 1475528133 Site Size 6,322 square feet - Existing Land Use and Zoning District Single-family dwelling/ PD-H2 Planned Unit Development (R-10) Surrounding Land Uses and Zoning Districts North Belspring Drive • �; Single-family dwellings/ PD-H2 Planned Unit Development (R-10) h '{� South fi: ,! ¢ yh• is Single-family dwellings/ PD-H2 Planned Unit ' �' { Development (R-10) 4. `t;k. �,ti East ' ,.,A' . e 44- 4, ,, Single-family dwellings/ PD-H2 Planned Unit Development (R-10) + ' . •, West i. Single-family dwellings/ PD-H2 Planned Unit �- Alk/� , 4 7�,� Development (R-10) # '` fit �. ,fr t.... .,,,,,..ti 4, r , . i______: it,_____!____140 1 Armando & Patricia Ellis Agenda Item 16 Page 1 Background and Summary of Proposal Site Conditions and History • The site is 6,322 square feet and zoned PD-H2 Planned Unit Development (R-10 Residential). • Existing single-family dwelling on the property was built in 1989. • No past Zoning Ordinance violations or City Council actions to report. Summary of Proposal • Number of bedrooms in the Short-Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 • Number of parking spaces required (1 space per bedroom required):4 • Number of parking spaces provided: 4 F \/ c''',\.//, `uo, ..,(316 ° D or °"^gore It \-- . £ e. �Q Zoning History cv ,�0 (� # Request Aa /mow % _ 1 LUP Approved 01/15/1991 P 4. ° oC ° 2 MOD Approved 12/09/1985 r \ c a Pt rg R� I a � Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation and Recommendation This is a request for a four-bedroom Short-Term Rental. The applicant submitted a parking plan to address the parking deficiency, as only two of the four required parking spaces can be accommodated on the property. This parking deficiency is proposed to be addressed by allowing one space within the single-car garage and a second space partially within the right-of-way, as depicted on page 5 of this report.The proposal incorporates stacked parking to be located within the 10-foot wide driveway and in the single-car garage. Because the property is located on a corner lot in a cul- Armando & Patricia Ellis Agenda Item 16 Page 2 de-sac, 26 feet of the driveway is in the public right-of-way.The Zoning Administrator reviewed the parking plan and approved the proposal.A copy of the proposal is included in this report. Base on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The garage space cannot be converted into any other use other than parking. 2. The following conditions shall only apply to the dwelling unit addressed as 901 Park Landing Court and the Short- Term Rental use shall only occur in the principal structure. 3. The approval of 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. 4. No events with more than fifty(50) people present,shall be held absent a special event permit. Events with more than fifty(50) people are limited to no more than three (3) events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 5. 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. Physical response to the site of the Short-Term Rental is not required. 6. If or when the ownership of the property changes,the new property owner shall provide the updated information (a through c below)to the Department of Planning and Community Development for review and approval. Said updated information shall be provided within six(6) months from the real estate transaction closing date on the property; otherwise,the use of the Short-Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short-Term Rental. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short-Term Rental. Armando& Patricia Ellis Agenda Item 16 Page 3 12. A Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. 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($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 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 November 8, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, November 24, 2019, and December 1, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 5, 2019. Armando & Patricia Ellis Agenda Item 16 Page 4 Site Layout and Parking Plan 679.-26s_,_PG.`s4.5. - -- LOT 57 'tf) `-+ -r _" 1 ---- ei' wood 0.3' PORT. LOT 5B FENCE (TlP) I7.6' taut.s SAO 5' mAiNITNANCE. ESs.l'i. rot{ LOT 58 D.B. 2E53, PG. ria5 F - /ffi(A --- 18.0' 2ND STDRY N ry wow DECKc'r) r Ot , i a' I O 1 LOT 59 Existing Single J J Family House o ft 0.1' 00 O p co tt rni ::i in , 2 . z 1C' DRAINAGE E i. ( Z E 0.9. 2683. PG. 5-5 -- -f •. ..;y;, • a. o of p,1Rk p(F) Cflr) ✓0 C 5e.3 94, f ,,c• a rob. '°20.001 J Armando & Patricia Ellis Agenda Item 16 Page 5 Site Photos ,,� . • ; . ��. Garage �": *; ;. �rw . ,,,,_. 1-space -� • K a:, . ' a€ • � C i a{p^w�#S nee.` ` f ti Driveway` ' _ 3-spaces a _- S' k4 1 h air �. �'...� F.n 4 � t�f '? � '�. .1 / � a 3,s. a ^�f:.-3:ZK�s , ;i 3- '� F'n ' _ ; r r %'," f IF .4. r- t 3 � - , ,. '�T Ali .,. i= • t J a� F shy � _ :1! 1 _ y ` s r„ t. Armando & Patricia Ellis Agenda Item 16 Page 6 Site Photos _: „,.. .,..- ___ -..,:i-nip...„, -,,,, • • - "..,...e--7.77-:*2 -:--4-. iiiJr..-,-, „../..e.:-.`tr'"---.' '''''-'-Tise--,-;a:.::::.-.1.:' V. - s.-.,. • . ...". '''..-,s... '' -..• ."... ' '.. 4Iflef- '" ‘.'.. 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J.', Not'.11414, ' / •:. ---,P....44,-,. .. ,e‘ . ...,` ''''- . 1, ' ! . x'.7* • ; ' ' •--".— ' " ', '''• -'- ' ., ., .V. \ 40 . . .,.... Armando & Patricia Ellis Agenda Item 16 Page 7 Disclosure Statement :1\134 Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDT) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • a SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AB disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit.Council meetin that;ertains to the a:r.lication(s).Prg APPLICANT NOTIFIED OF HEARING DATE' 1 /f 7 0 �Cv,� ��t C NO CHANGES AS OF DATE: /f/4 Jdie r e0 El REVISIONS SUBMITTED DATE: -/ 111 / Armando & Patricia Ellis Agenda Item 16 Page 8 Disclosure Statement NIB Viirginia Beach . Check here if the APPLICAINL.L4._NOT a corporation,j,. partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. // (A) List the Applicant's name? ct /i /eic, a/t j If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity z relationship with the Applicant: (Attach list if necessary) w� 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. c Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY_QWNE&.IS a corporation, partnership, firm, business,or other unincorporated organization,AND THEN,complete the following, `� (A) List the Property Owner's name:_ _r If an LLC, list the members names: Page 2 of 7 Armando& Patricia Ellis Agenda Item 16 Page 9 Disclosure Statement 143 Virginia Beach If a Corporation, list the names ofall officers, directors,members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) Y "Parent-subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting 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 01 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 total Government Conflict of Interests Act, Va Code§ 2.2-3101 • • SECTION 3. SERVICES DISCLOSURE Are dny of the following services being provided in connection with the subject of the application or arty business o;::eraUng or to be operated 011.t]e_.Prcptrty. 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 or Armando & Patricia Ellis Agenda Item 16 Page 10 Disclosure Statement 1,3 APPLICANT Virginia Beach YES] NO SERVICE 1 PROVIDER (useadditional sheets If 1 needed) lS ❑ F Accounting and/or preparer of 44w I your tax return ❑ M Architect/Landscape Architect/ Land Planner Contract Purchaser(if other thin Elthe Aooficant)-identify purchaser and purchaser's service providers 1 Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) R . .._. ._ _,_ _ Construction Contractors,�4 Engineers/Surveyors/Agents Financing (Include current ❑ El mortgage holders and lenders (� selected or being considered to provide financing for acquisition or construction of the property) � } 1 ❑ i Legal Services ?et-> -4 1 1 Real Estate Brokers/ j 1 rV ! 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 v, I an interest in the subject land or any proposed development T Mom/ I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Armando & Patricia Ellis Agenda Item 16 Page 11 Disclosure Statement 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. __ APPUCAN I S SIGNATURE PRINT NAME , DATE 4. __,h-__� k itreIa D. td S 9 f 2e//7 Armando & Patricia Ellis Agenda Item 16 Page 12 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. Armando & Patricia Ellis Agenda Item 16 Page 13 Item#16 Armando & Patricia Ellis Conditional Use Permit(Short-Term Rental) 901 Park Landing Court District—Centerville December 11, 2019 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, sir. Madam Chair, the next item on the consent agenda fallen to the Short Term Rental. The Planning Commission places the following applications for the Conditional Use Permit for Short Term Rental on the consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Planning Commission and staff supports the application and there is no known opposition to the request for items 15, 16, 17 and 18. With that being said, I move for approval on a consent agenda items one, two, three, five, six, seven, eight, 15, 16, 17 and 18. Ms. Oliver: Right. Second. Mr. Ripley: I need to disclose, if you don't mind. I need to disclose there, a couple of applications in here, I think specifically Five, I think the last application which is not a subject of this motion,but I'm going to read it more in any way when it comes up. I want to disclose that I am a member of the TowneBank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the TowneBank is not the applicant here. And I have no interest in this application. And the Planning Commission's recommendations are strictly advisory; City Council makes the final decision. So I want to disclose that I will be voting on it today. Mr. Inman: I as well need to disclose that I'm on the TowneBank Leadership Alliance, and I will be voting on it as well. I have no financial interests. Mr. Graham: Likewise, I serve on the TowneBank of Virginia Beach Advisory Board adopted all the comments made by Mr. Ripley, I have no interest in the application and TowneBank is merely a potential financier of this application and we only recommend, so I will also be voting. Ms. Oliver: Do we have the second consent agenda? Mr. Redmond: Second. 1 Ms. Sandloop: The vote is open. By recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, fifteen, sixteen, seventeen and eighteen have been approved by consent. Ms. Oliver: Thank you. And I would like to thank all the applicants that have come down today that had a matter on the consent agenda for today's hearing, and these items will be scheduled for hearing on the City Council's agenda, and I thank you for your attendance today. So in an effort to be a bit more efficient today, I'm going to request that we reorder the agenda to be heard in this order, items number nine,ten, eleven, fourteen, nineteen, twenty, twenty one, twelve and thirteen, Mr. Tajan. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT WALL AYE WEINER AYE CONDITIONS 1. The garage space cannot be converted into any other use other than parking. 2. The following conditions shall only apply to the dwelling unit addressed as 901 Park Landing Court and the Short-Term Rental use shall only occur in the principal structure. 3. The approval of 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. 4. No events with more than fifty(50)people present, shall be held absent a special event permit. Events with more than fifty (50)people are limited to no more than three(3) events in a calendar year. No more than one hundred (100) people shall be present at any event held on the property. 2 5. 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. Physical response to the site of the Short-Term Rental is not required. 6. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Depth tiuent of Planning and Community Development for review and approval. Said updated information shall be provided within six (6) months from the real estate transaction closing date on the property; otherwise, the use of the Short-Term Rental shall be null and void. a) The owner/operator contact information; b) Registration with the Commissioner of Revenue's Office; and c) Proof of liability insurance. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short-Term Rental. 11. No signage shall be on-site, except one(1), four(4) square foot sign,may be posted on the building which identifies the Short-Term Rental. 12. A Short-Term Rental shall have no more than two (2)rental contracts during any consecutive seven (7) day period. 13. 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 ($1,000,000.00)underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 3 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short-Term Rental. 4 e AV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ORDINANCES TO AMEND SECTIONS 233.1, 901, AND 2003 OF THE CITY ZONING ORDINANCE PERTAINING TO EATING AND DRINKING ESTABLISHMENTS WITH DRIVE-THROUGH FACILITIES IN THE B4-K HISTORIC KEMPSVILLE DISTRICT MEETING DATE: January 21, 2020 • Background: This request is a zoning text amendment that would allow restaurants with drive- throughs in the B4-K Historic Kempsville District by Conditional Use Permit. This amendment is sponsored by Council Member Abbott. • Considerations: Restaurants with drive-through facilities are currently not permitted in the B4-K Historic Kempsville District. This amendment would allow restaurants with drive- through facilities by Conditional Use Permit subject to the following development standards: 1. Drive-through facilities shall be located on the same parcel as the structure within which the principal use for the drive-through is located; 2. Drive-through facility lanes shall not be located between the building and the right of way unless screened with a Category I landscape buffer in addition to all landscaping required by the City Zoning and Site Plan Ordinances; 3. Drive-through facilities shall not utilize exterior speakers that are audible at a property line adjacent to a residential use; 4. Drive-through facilities shall not operate from 12:00 midnight— 5:00 a.m.; 5. Drive-through facilities shall be restricted to one lane; 6. There shall be no signs for the drive-through facility on the building or site, with the exception of directional signs not visible from a public right-of-way. Such signs shall not be internally illuminated; 7. An overhead canopy for the drive-through facility shall be allowed, except that such canopy shall not project more than four (4) feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. In no case, however, shall a drive-through facility have an overhead canopy that extends to cover the total length of the drive-through lane; and 8. The architectural design shall conform to the purpose and intent of the Historic Kempsville Area Master Plan. City of Virginia Beach Page 2 of 2 The development standards are similar in nature to the requirements for pharmacies with drive-drive through facilities that are permitted by Conditional Use Permit in the district. This amendment allows City Council, on a case by case basis, the ability to review each proposal for drive-through facilities for consistency with the adopted vision set forth in the Historic Kempsville Area Master Plan. Further details pertaining to the text amendment, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. >�,, Submitting Department/Agency: Planning Department City Manager: W'L REQUESTED BY COUNCILMEMBER ABBOTT 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO EATING AND DRINKING 4 ESTALBLISHMENTS IN THE B-4K DISTRICT 5 6 Section Amended of the City Zoning 7 Ordinance: § 901 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 901 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 901. - Use regulations. 19 20 (a) Principal and conditional uses. The following chart lists those uses permitted within 21 the B-1 through B-4K Business Districts. Those uses and structures in the 22 respective business districts shall be permitted as either principal uses indicated by 23 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 24 "X" shall be prohibited in the respective districts. No uses or structures other than as 25 specified shall be permitted. 26 B- B- B- B- B- B- B- Use 1 1 A 2 3 4 4C 1 4K Eating and drinking establishments with drive-through X X PPP X XC windows, except as specified below27 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APP VED S O CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -,410 - ;Pc , T). - Planning C�epartm1))ent City Attor ey's Office CA14953 R-2 December 4, 2019 REQUESTED BY COUNCILMEMBER ABBOTT 1 AN ORDINANCE TO AMEND SECTION 233.1 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO EATING AND DRINKING 4 ESTABLISHMENTS WITH DRIVE-THROUGH 5 WINDOWS 6 7 Section Amended of the City Zoning 8 Ordinance: § 233.1 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 233.1 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 233.1. - Reserved. Eating and drinking establishments with drive-through 20 windows. 21 22 Laj Drive-through facilities shall be located on the same parcel as the structure 23 within which the principal use for the drive-through is located; 24 25 Drive-through facility lanes shall not be located between the building and the 26 right of way unless screened with a Category I landscape buffer in addition to 27 all landscaping required by the City Zoning and Site Plan Ordinances; 28 29 Lgi Drive-through facilities shall not utilize exterior speakers that are audible at 30 the property line adjacent to residential property; 31 32 Drive-through facilities shall not operate from 12:00 midnight — 5:00 a.m.; 33 34 Lei Drive-through facilities shall be restricted to one lane; 35 36 W There shall be no signs for the drive-through facility on the building or site, 37 with the exception of directional signs not visible from a public right-of-way. 38 Such signs shall not be internally illuminated; 39 40 (q) An overhead canopy for the drive-through facility shall be allowed, except that 41 such canopy shall not project more than four (4) feet from the wall of the 42 building above the drive-through window and shall not exceed the width of the 43 drive-through window by more than one (1) foot on each side. In no case, 1 44 however, shall a drive-through facility have an overhead canopy that extends 45 to cover the total length of the drive-through lane; and 46 47 The architectural design shall conform to the purpose and intent of the 48 Historic Kempsville Area Master Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4k-,1(?cti i ng D 'ent City A ey's Office CA14954 R-2 December 4, 2019 2 REQUESTED BY COUNCILMEMBER ABBOTT 1 AN ORDINANCE TO AMEND SECTION 2003 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO EATING AND DRINKING 4 ESTABLISHMENTS IN THE HISTORIC 5 KEMPSVILLE AREA OVERLAY DISTRICT 6 7 Section Amended of the City Zoning 8 Ordinance: § 2003 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 2003 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 2003. - Use regulations. 20 21 (a) Principal uses. Subject to general requirements and to the regulations of the 22 underlying zoning district, all uses and structures permitted as principal uses in the 23 underlying zoning district in which they are located shall be permitted as principal 24 uses within the Historic Kempsville Area Overlay District, except as set forth in 25 section 901 of this Ordinance. 26 27 (b) Accessory uses. Subject to general requirements and to the regulations of the 28 underlying zoning district, all uses and structures permitted as accessory uses in 29 the underlying zoning district in which they are located shall be permitted as 30 accessory uses within the Historic Kempsville Area Overlay District. 31 32 (c) Conditional uses. Subject to general requirements and to the regulations of the 33 underlying zoning district, all uses and structures permitted as conditional uses in 34 the underlying zoning district in which they are located shall be permitted as 35 conditional uses within the Historic Kempsville Area Overlay District, as well as the 36 following uses and structures: 37 38 (1) Multiple-family dwellings in the B-4K (HK) Mixed Use District; 39 (2) Attached dwellings in the B-4K (HK) Mixed Use District; 40 (3) Commercial parking lots, parking garages and storage garages located in the 41 B-2(HK) Community Business or B-4K (HK) Mixed Use Districts; and 42 (4) Drive-through facilities for drugstores, in accordance with the provisions of 43 section 233.02, in the B-4K (HK) Historic Kempsville Mixed Use District..-; and 1 44 L5j Eating and Drinking Establishments with drive-through windows, in 45 accordance with the provisions of section 233.1, in the B-4K (HK) Historic 46 Kempsville Mixed Use District. 47 48 . . . . 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney s Office CA14952 R-2 December 4, 2019 2 N. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. 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 pmcgraw@vbgov.com or call 385-4303. 01/15/2020 pm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/07/2020 PAGE: I B E AGENDA ITEM# SUBJECT MOTION VOTE A RL H W W B U E J R T 1 0 B C D N OMO 0 L W 0 O C Y LNOUWS 0 T T HE E E S S E 0 0 E T 1 R Y S S ERNDN 1. CITYMANAGER'S BRIEFINGS A. SHARED MOBILITY Brian Solis,Assistant to the Acting City Manager for Special Projects B. PARCEL-LEVEL FLOOD MITIGATION Kimberley Tempesco, PROGRAM Senior Emergency Planner—Emergency Management C. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator— Planning II-VI CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y A-E F. MINUTES 1. INFORMAL AND FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y December 10,2019 G. PUBLIC HEARINGS 1. POLLING PLACE CHANGE NO SPEAKERS Rudee Precinct to W.T.Cooke Elementary School 2. DECLARATION AND SALE OF EXCESS NO SPEAKERS CITY PROPERTY 961±square feet portion of the 100'-strip boundary surrounding Lake Bradford (adjacent to 4965 Athens Boulevard) I.1. Ordinances to AMEND City Code Section: ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y CONSENT a. 10-1 to Change in Polling location re Rudee Precinct to W.T.Cooke Elementary School b. 35-35to revise the filing deadline from September 30's to August 30're Equalization of Assessments 1.2 Ordinance to DECLARE a 961±square feet ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y portion of the 100'strip boundary CONSENT surrounding Lake Bradford(adjacent to 4965 Athens Boulevard)to be in EXCESS of the City's needs/AUTHORIZE the City Manager to CONVEY same to Frederick C. Karam CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/07/2020 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y LNOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN 1.3. Resolution to SUPPLEMENT the City's ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y 2020 Legislative Agenda: CONSENT a. CHANGE the public notice requirements re Planning Commission meetings(Requested by Mayor Dyer) I.3. Resolution to SUPPLEMENT the City's ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y 2020 Legislative Agenda: b. AMEND the State Code re temporary detention orders(Requested by Vice Mayor Wood) 1.4. Ordinance to AUTHORIZE/ADOPT a FAILED DUE TO Revised City Council Policy re Time Limits MOTION WITHOUT for Speakers at City Council Meetings A SECOND (Requested by Mayor Dyer/Vice Mayor Wood) 1.5. Ordinance to AUTHORIZE/ADOPT a City ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Council Policy re Council Member CONSENT sponsored forums and events—Requested by Mayor Dyer/Vice Mayor Wood 1.6. Resolution to SUPPORT the Ignite Seminar ADOPTED 9-I Y Y Y Y Y N Y A Y Y Y Series and Disparity Forum and TRANSFER$3,000 from Opportunity Grant line of Non-Departmental Budget to Municipal Council re offset expenses—Requested by Council Member Wooten I.7. Resolution to CREATE an In-House ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y Pharmacy Exploratory Committee re study CONSENT for implementing an in-house pharmacy program for City/Public School employees 1.8. Resolution to ESTABLISH Endurance ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Medical Transport,LLC and AUTHORIZE CONSENT an annual EMS Permit re private ambulance service 1.9. Ordinance to AUTHORIZE and ACCEPT a ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Dedication of Easements re Lynnhaven CONSENT Parkway Corridor Improvements Project (CIP 9-028) 1.10. Ordinance to AUTHORIZE a temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y encroachment into a portion of a City-owned CONSENT Utility Easement at 582 Lynnhaven Parkway re lighted sign CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/07/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DNOMO 0 L W 0 O C Y LNOUWS 0 T THEEES S E O O E T I R Y S S ER NDN 1.11. Ordinances to ACCEPT and APPROPRIATE: a. $63,250 from the Virginia Department of ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Social Services to the FY2019-20 Human CONSENT Services Operating Budget re activities associated with Kinship Navigator Program b. $152,895 from the Virginia Department of ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y Behavioral Health and Developmental CONSENT Services(DBHDS)to the FY2019-20 Human Services Operating Budget/ESTABLISH two(2)full-time/one(1)part-time position re STEP-VA Outpatient Behavioral Health Services Program c. $130,000 from the Virginia Department of ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Behavioral Health and Developmental CONSENT Services(DBHDS)to the FY2019-20 Human Services Operating Budget and ESTABLISH one(1)full-time position re Medication Assisted Treatment Program at the Pathways Center 1.12 Ordinance to ACCEPT$28,114 from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Department of Criminal Justice Services to the CONSENT FY2019-20 Human Services Operating Budget /APPROPRIATE$1,959 to Human Services'Community Corrections and Pretrial Services Division re staff training and development L13 Resolution to SUPPORT a Bill re allow WITHDRAWN,BY Localities to prohibit the carrying of COUNCIL MEMBER firearms in governmental buildings WOOTEN (Deferred from June 18,2019)—Requested by Council Members Tower and Wooten J.1. RHK PROPERTIES,LLC for Modification APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y of Conditions re motor vehicle sales at 2661 MODIFIED Virginia Beach Boulevard(Approved May CONDITIONS,BY 1966)DISTRICT 6—BEACH CONSENT J.2. RAW ENTERPRISES,INC./ APPROVED/ 9-1 Y Y Y NY Y Y A Y Y Y COURTHOUSE OUTPARCEL A-I-B-2, PROFFERED LLC for a Conditional COZ from B-2 Community Business to Conditional A-I8 Apartment District at 2601 Princess Anne Road re thirty-seven(37)residential units DISTRICT 7—PRINCESS ANNE J.3. HR VB BOULEVARD,LLC/COLLINS APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y SQUARE ASSOCIATES,LP for a CUP re CONDITIONED,BY indoor recreational facility at 4001 Virginia CONSENT Beach Boulevard DISTRICT 5— LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/07/2020 PAGE: 4 B E AGENDA R ITEM#i SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 0 C Y LNOUWS 0 T THEEES S E 0 0 E T I R Y S S ERNDN J.4. BEACH SPIRITS,LLC/PHI MU,LLC APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y for a CUP re craft distillery at 981 Laskin CONDITIONED,BY Road DISTRICT 6—BEACH CONSENT J.5. PEMBROKE SQUARE ASSOCIATES, APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y LLC for a CUP re indoor recreational CONDITIONED,BY facility at 4554 Virginia Beach Boulevard CONSENT DISTRICT 4—BAYSIDE J.6. NEW LIFE TABERNACLE OF APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y VIRGINIA BEACH,INC.for a CUP re CONDITIONED,BY religious use at 3157 Shipps Corner Road, CONSENT Suites 101&104 DISTRICT 3—ROSE HALL J.7 CELLCO PARTNERSHIP D/B/A APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y VERIZON WIRELESS I JOHN S.,JR.& CONDITIONED,BY KAREN S.WALLER for a CUP re CONSENT communication tower at 2313 Treesong Trail DISTRICT 7—PRINCESS ANNE J.8 CEBT PROPERTIES,LLC/VB HOMES DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y DESIGN BUILD,LLC for Conditional Use FEBRUARY 4,2020, Permits re short-term rentals at: BY CONSENT a. 402B 27th Street b. 317 26'A Street c. 320 27th Street&320 26'A Street d. 617 23rd Street,Unit 1&Unit 5 DISTRICT 6—BEACH J.9. C AND C DEVELOPMENT COMPANY DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y for Conditional Use Permits re short-term FEBRUARY 4,2020, rentals at: BY CONSENT a. 2416 Arctic Avenue b. 403 25th Street DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/07/2020 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N O M O O L W O O C Y LNOUWS 0 T THE EES S ECM. T I R Y S S ER NDN K. APPOINTMENTS: RESCHEDULED BY C ON S E N S US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —PLUMBING AND MECHANICAL DIVISION CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMTI l EE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMTI"I'EE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD BOARD OF BUILDING CODE APPEALS Appointed: 10-0 YYY YYY VA Y Y Y —NEW CONSTRUCTION DIVISION Emery Chickey 2 Year Term 1/8/2020-12/31/2021 BOARD OF ZONING APPEALS Appointed: 10-0 YVY Y Y Y Y A Y Y Y Janice Hall— Alternate Cheryl Avery- Hargrove— Alternate 5 Year Term 1/8/2020-12/31/2024 OCEANA LAND USE CONFORMITY Appointed: 10-0 YYY NIYY Y A Y Y Y COMMITTEE William Brown— Representing the Development Authority Unexpired Term 1/8/2020-8/31/2020 +5 Year Term 9/1/2020-8/31/2025 RESORT ADVISORY COMMISSION Appointed: 10-0 Y Y Y YYY VA Y Y Y Michael Ronan 3 Year Term 1/8/2020-12/31/2022 UM/ ADJOURNMENT 9:20 PM N OPEN DIALOGUE 4 SPEAKERS 9:39 PM