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HomeMy WebLinkAbout2-18-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�N�yZiC�4, VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 4 _�%s, '�_ JESSICA P.ABBOTT,Kempsville-District 2 �; ` 1 MICHAEL F.BERL UCCHI,Rose Hall-District 3 BARBARA M.HENLEY,Princess Anne-District 7 �., LOUTS R JONES,Bayside-District 4 JOHND.MOSS,At Large AARONR.ROUSE,At Large rs°" 0.. M.1jOi5 GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL CITY COUNCIL APPOINTEES 2401 COU R HOUSEI LDING T DRIVE ACTING CITY MANAGER-THOMAS M.LEAHY CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINL4 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR February 18'2020 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS vb E-MAIL:CITYCOUNCIL ov.com CITY CLERK-AMANDA BARNES C� S MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 1:00 PM A. REAL ESTATE ASSESSOR ANNUAL REPORT Ronald D. Agnor, City Assessor II. CITY MANAGER'S BRIEFINGS A. AFFORDABLE HOUSING Andrew Friedman, Director—Housing and Neighborhood Preservation B. VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS Katie Shannon, P.E., Project Support Office Manager—Public Works C. CONVENTION AND VISITORS BUREAU WARM WEATHER CAMPAIGN Ron Kuhlman, Interim Director—Convention and Visitors Bureau Tiffany Russell, VP for Marketing and Communications—Convention and Visitors Bureau Robby Wells, Head of Strategy—i am OTHER D. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator—Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:30 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: Pastor Tim Dryden New Covenant Presbyterian 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. CORRECTED INFORMAL and FORMAL SESSIONS January 21, 2020 2. INFORMAL and FORMAL SESSIONS February 4, 2020 3. SPECIAL SESSION February 11, 2020 G. MAYOR'S PRESENTATION 1. RESOLUTION IN HONOR OF DERRICK NNADI H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Approximately 5.45 acres to Orsted Wind Power North America, LLC (located at Lynnhaven Inlet) 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY Approximately 20 acres located in Princess Anne Commons to Avangrid Renewables, LLC (between Landstown and Dam Neck Roads) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Manager to IMPLEMENT all recommendations from the Disparity Study(Requested by Council Members Rouse and Wooten) 2. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re purchase of Agriculture Reservice Program(ARP) easements 3. Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts (Requested by Mayor Dyer, Vice Mayor Wood, and Council Member Moss)— Deferred from February 4, 2020 4. Ordinance to AUTHORIZE the acquisition of property in fee simple re Elbow Road Extended Phase II-B and the acquisition of temporary and permanent easements, either by agreement or condemnation 5. Ordinance to DECLARE approximately twenty(20) acres of City property in Princess Anne Commons between Landstown and Dam Neck Roads in EXCESS and AUTHORIZE the City Manager to enter into an Option to Purchase and Real Estate Sale Agreement with Avangrid Renewables, LLC re development of a Wind Energy Substation 6. Ordinance to ESTABLISH CIP #6-113 "Various HRSD Coordination" and APPROPRIATE $797,000 from the Hampton Roads Sanitation District(HRSD) to the FY 2019-20 Capital Improvement Program(CIP)re design and construction utilizing HRSD contributions 7. Ordinances to TRANSFER: a. $441,775 from General Fund Reserve for Contingencies to the FY 2019-20 Voter Registration and Elections Office Operating Budget re Democratic Presidential Primary Election on March 3,2020 b. $118,104 and $128,316 within the FY 2019-20 Public Works' General Fund Operating Budget re purchase of tablets and implementation costs for a mobile work order system c. $2,073,503 within the FY 2019-20 Water and Sewer CIP and APPROPRIATE $2,170,923 in retained earnings re three (3) Water and Sewer Capital Projects 8. Ordinance to MODIFY Appropriations and TRANSFER$824,201 within the FY 2019-20 Housing and Neighborhood Preservation Operating Budget re adjustments in Federal and State funding K. PLANNING 1. BISHARD FAMILY REAL ESTATE, LLC for a Variance to Section 4.1(j) of the Subdivision Regulations re subdivide the existing parcel into three(3)lots at 312 Gatewood Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC / SECURITY STORAGE & VAN COMPANY OF NORFOLK, VIRGINIA, INC. for a Conditional Change of Zoning from I-1 Industrial to Conditional A-36 Apartment re develop up to 160 multi-family units at 4545 South Boulevard DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO MARCH 17, 2020 3. VILLAGE CHURCH for a Modification of Conditions re religious use at 4013 Indian River Road (Approved December 6, 2011) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. JAMES P. WOOTTON for a Modification of Conditions re community boat dock at 1732 Lovetts Pond Lane (Approved June 23, 2009) DISTRICT 5—LYNNHAYEN RECOMMENDATION: APPROVAL 5. RED HEAD REALTY for a Conditional Use Permit re non-commercial marina at Mill Landing Road East of Stone Road intersection DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. FERGUSON WEDDING COMPANY,LLC/LONG BAY POINT PARTNERS,LLC for a Conditional Use Permit re assembly use at 2105 West Great Neck Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 7. 7-ELEVEN, INC., for a Conditional Use Permit re automobile service station at 2205 Princess Anne Road DISTRICT 7—Princess Anne RECOMMENDATION: APPROVAL 8. BRANDY FLOTTEN for a Conditional Use Permit re short term rental at 1804D Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. HH VB2, LLC for Conditional Use Permits re short term rentals at: a. 400 33rd Street b. 402 33rd Street c. 3216 Arctic Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—DENIAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION CITIZENS COMMITTEEE ON BOARDS AND COMMISSIONS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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. CITY COUNCIL RETREAT Virginia Beach Convention Center 1000 19th Street, Virginia Beach, VA 23451 Suite 1 C& 1D February 24th & 25th 02/18/2020 jag MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 1:00 PM A. REAL ESTATE ASSESSOR ANNUAL REPORT Ronald D. Agnor, City Assessor II. CITY MANAGER'S BRIEFINGS A. AFFORDABLE HOUSING Andrew Friedman, Director—Housing and Neighborhood Preservation B. VDOT SMART SCALE ROUND 4 CANDIDATE PROJECTS Katie Shannon,P.E., Project Support Office Manager—Public Works C. CONVENTION AND VISITORS BUREAU WARM WEATHER CAMPAIGN Ron Kuhlman, Interim Director—Convention and Visitors Bureau Tiffany Russell,VP for Marketing and Communications—Convention and Visitors Bureau Robby Wells, Head of Strategy—i am OTHER D. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator—Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:30 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: Pastor Tim Dryden New Covenant Presbyterian 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. CORRECTED INFORMAL and FORMAL SESSIONS January 21, 2020 2. INFORMAL and FORMAL SESSIONS February 4, 2020 3. SPECIAL SESSION February 11, 2020 G. MAYOR'S PRESENTATION 1. RESOLUTION IN HONOR OF DERRICK NNADI oPD! 9e O`SWpT V RESOLUTION WHEREAS: Derrick Nnadi, the youngest of seven children born in Virginia to a pair of Nigerian immigrants, attended Ocean Lakes High School where he excelled in football. Derrick was named First Team All Beach District and All Eastern Region in 2012,First Team All-Tidewater in both 2012 and 2013 and the 2013,Beach District Co- Defensive Player of the year. Derrick played in the US Army All American Bowl and the Chesapeake Bowl(Virginia High School All Star Game)in 2014 before graduating as a four-star recruit and considered one of the top interior lineman in the country;and WHEREAS:Derrick Nnadi received offers to play football from seventeen(17)Division 1(FBS)programs including Virginia Tech, Ohio State and Virginia before ultimately choosing Florida State;and WHEREAS: Derrick Nnadi played in 7 games as a freshman, 12 games as a sophomore and junior, and 13 as a senior. Derrick was named Third Team All-ACC(Media)in 2015,First Team All-ACC(Coaches)and Third Team All-ACC(Coaches)in 2016,ACC Defensive Lineman of the Week for Week 9 for his performance against Clemson in 2016, and was on the Preseason Watch List Member for the Bednarik, Outland, and Nagurski Awards in 2017. Derrick earned Defensive Most Improved Player after Florida State University 2016 Spring Season;and WHEREAS: Derrick Nnadi was a third round(75th overall)draft pick of the Kansas City Chiefs in the 2018 National Football League(NFL)Draft. Derrick,in just two years playing in the NFL,has 27 total starts,playing in 32 games, with 83 tackles, I sack, 1 pass defended and 1 interception. Derrick started as the Right Defensive Tackle for the Chiefs during Super Bowl LIV where Kansas City Chiefs defeated the San Francisco 49ers 31-20;and WHEREAS: Derrick Nnadi following what his father taught him, "As Nnadis,we don't receive,we give,"Derrick was named Week 0 National Football League Players Association (NFLPA) Community MVP for providing a shopping spree for a victim's family following the Virginia Beach mass shooting and hosting two back-to-school events for kids in Kansas City and Southeastern Virginia. These are the latest in a string of community initiatives Derrick has been involved with including hosting a Thanksgiving turkey drive,participating in the Hampton Roads Youth Foundation weekend and recently taking part in the Chiefs annual visit to Ronald McDonald House to kick off Red Friday week. Derrick partnered with the Kansas City Pet Project to personally pay for a dog's adoption fees every time the Chiefs won. Derrick then decided if the Chiefs won the Super Bowl, he would pay for every dog's adoption fee which ended with 109 dogs finding forever homes at the cost of$150 per dog;and NOW THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council, whose signatures are affixed below, with great pride, recognize on of our own, a true professional athlete and humanitarian who has brought honor and distinction to Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia the 18`h day of February,2020. I 1 1-84,44 41/116-ic)14- Councif9Kembe es icaT T.Abbott Counci(9ktem6erMichael-T.Berduccki CounciG 4iem6erBarbarraa 31. n(ey t 1 ... It)\ illtrk -- ' CouncifMem6e ouis R Jones uncifIlem6erJohn(D..Moss Council ember Aaron t.,Rouse irs,'s.,..._, 1.4:0.000.27.. CounaGMeln 6erGuy IC Tower CouncilMem6er �ema),Wilson Council9emherSabana(D.Wooten lip / 'f/ice, ,-'r James L`Wood Mayor Ro6ert M. ` 66y" H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Approximately 5.45 acres to Orsted Wind Power North America, LLC (located at Lynnhaven Inlet) 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY Approximately 20 acres located in Princess Anne Commons to Avangrid Renewables, LLC (between Landstown and Dam Neck Roads) am +., .,do.,14,,c...L.,,,,i) am f il ,..,i, 4.,....g,,..„,. PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on February 18,2020,at 6:00 p.m. in the Council Chamber, City Hall — Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed lease: Approximately 5.45 acres of City- owned property located at Lynnhaven Inlet in the Bayside District(a portion of GPIN: 1489- 58-9234) Any questions concerning this matter should be directed to the Economic Development Office,(757)385-6464, ecdev^vbgov.com If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711 (TDD-Telephone Device for the Deaf). All interested parties are invited to attend Amanda Barnes City Clerk Beacon:February 9,2020 ,�HtA-BFi � Z CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Orsted Wind Power North America, LLC for 5.45 acres of City-owned Property Located at Lynnhaven Inlet in the Bayside District PUBLIC HEARING: February 18, 2020 MEETING DATE: March 3, 2020 ■ Background: Orsted Wind Power North America, LLC ("Orsted") is working with Dominion Energy, Siemens Gamesa & the Bureau of Ocean Energy Management (BOEM) to install wind turbines off the coast of Virginia for the Coastal Virginia Offshore Wind Farm (CVOW) (the "Project"). Construction of the Project is supported by the Commonwealth of Virginia under the award of a research lease granted by BOEM to the Virginia Department of Mines, Minerals and Energy (DMME). The City of Virginia Beach (the "City") owns 15.679 acres of land located at Lynnhaven Inlet in the Bayside District (GPIN 1489-58-9234) (the "Property"). Orsted has requested to lease a 5.45-acre portion of the Property (the "Premises") for a temporary construction office, vessel loading and laydown site in support of the Project. ■ Considerations: This lease is for a term of 6 months with an option to extend for up to 3 additional 6-month terms for a total lease period not to exceed 2 years. The Property is currently used as a dredge material management area under the purview of Public Works and is adjacent to a boat launch and beach facility managed by Parks and Recreation. Access to the Premises will be through the boat launch and beach facility. Both Public Works and Parks and Recreation agree that the proposed lease will not impede either of their operations on the Property. Due to the long-term environmental and economic benefits to the City that are expected to be derived from this Project and the minimal impact, short-term use of the Premises, no rent will be charged for use of the Premises. ■ Public Information: The public hearing was advertised on February 9, 2020 as required by Virginia Code Section 15.2-1813. The public hearing will be held on February 18, 2020. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: L� 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH ORSTED 3 WIND POWER NORTH AMERICA, LLC FOR 5.45 4 ACRES OF CITY-OWNED PROPERTY LOCATED 5 AT LYNNHAVEN INLET IN THE BAYSIDE DISTRICT 6 7 WHEREAS, Orsted Wind Power North America, LLC ("Orsted") is working 8 with Dominion Energy, Siemens Gamesa & the Bureau of Ocean Energy 9 Management (BOEM) to install wind turbines off the coast of Virginia for the 10 Coastal Virginia Offshore Wind Farm (CVOW) (the "Project"); 11 12 WHEREAS, construction of the Project is supported by the 13 Commonwealth of Virginia under the award of a research lease granted by 14 BOEM to the Virginia Department of Mines, Minerals and Energy (DMME); 15 16 WHEREAS, the City of Virginia Beach (the "City") owns 15.679 acres of 17 land located at Lynnhaven Inlet in the Bayside District (GPIN 1489-58-9234) (the 18 "Property"); 19 20 WHEREAS, Orsted has requested to lease a 5.45-acre portion of the 21 Property (the "Premises") for a temporary construction office, vessel loading and 22 a laydown site in support of the Project; and 23 24 WHEREAS, the City and Orsted desire to enter into a formal lease 25 agreement for the Premises in accordance with the terms and conditions set forth 26 in the Summary of Terms, attached hereto as Exhibit A, and made a part hereof. 27 28 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager or his authorized designee is hereby authorized to 32 execute a lease agreement with Orsted Wind Power North America, LLC in 33 accordance with the Summary of Terms attached hereto as Exhibit A, and such 34 other terms, conditions or modifications as may be acceptable to the City 35 Manager and in a form deemed satisfactory to the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Yz Economic Develop nt City Attorney CA14681 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d019\p034\00610381.doc R-1 February 7, 2020 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Orsted Wind Power North America, LLC PREMISES: 5.45-acre portion of GPIN 1489-58-9234 TERM: Six (6) months with an option to extend for up to three (3) additional six (6) month terms for a total lease period not to exceed two (2) years. RENT: Due to the long-term environmental and economic benefits to the City that are expected to be derived from the Coastal Virginia Offshore Wind Farm (CVOW) (the "Project") and the minimal impact, short-term use of the Premises, no rent will be charged for use of the Premises. RIGHTS AND RESPONSIBILITIES OF LESSEE/ORSTED: • Premises will be used solely for temporary construction office, vessel loading, a laydown site, and related uses in support of the Project. • Lessee is responsible for the set up and cost of all utilities it consumes on the Premises, including but not limited to, electric, water, cable, phone and internet. • Lessee will perform all necessary maintenance and repairs to keep the Premises clean and in good condition and is required to remove facilities and restore site to original condition upon expiration or termination of lease, all at its sole expense. • Lessee will maintain comprehensive general liability insurance coverage with policy limits of not less than $1,000,000 combined single limits per occurrence and will name the City as additional insured. RIGHTS RESERVED BY LESSOR/CITY: • City may terminate the lease if the Premises is needed for a public purpose by giving ninety (90) days' written notice to Lessee. • City may enter the Premises at all reasonable times to erect, use and maintain pipes in and through the Premises, or for general inspection, repairs or to verify Lessee's compliance with the lease. • If a conflict should arise between the City's and Lessee's use of the Property, City may compel Lessee to modify their operation and/or usage of the Premises, up to and including immediate temporary cessation of the work until the conflicting use can be resolved. -�-Mil Mild 3115 .nra .` =M- E -- _ f ==-um ...ro© ...... q p o ==-= wewr.waaaa wean ouan+v�touow z V __-_ wvar�aanw.umvoaraa w,w eeass,aw...w„aa.w� 'V i 8I I S ge Q O ry = Q 8 aI" �W8 g g 0-LEl �® < z" LL 3 J €i s o II! 8 g Hm ' I mp ��01101 \\ oa ,I `, IV 8 2 - J IIIIIII g F 4¢ ¢ a= a • g __\/2) g i I I ii ' w a 4-4 I .7.1 Ap• z � " iiiiiiri v. ,, APPLICANT'S NAME Orsted Wind Power Virginia Beach North America 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 Conditr• • • License Agreement Wetlands Board - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and(in/Council meetingthat pertains to the annlication(s) ❑ APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: ❑ REVISIONS SUBMITTED DATE: ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. VB(A) List the Applicant's name: Orsted Wind Power North America LLC If an LLC, list all member's names: Virginia Beach Orsted Wind Power North America LLC has no directors or officers. Its "manager" as required by the Delaware Limited Liability Company Act is its sole-member parent company, Orsted North America Inc. Current directors of Orsted North America Inc are Martin Neubert, Thomas Brostrom, and Declan Flanagan. 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) Listed separately i 2 See next page for information pertaining to footnotes and 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 8 lkIf a Corporation, list the names ofall officers, directors, members, ,:: trustees, etc. below: (Attach list if necessary) Virginia Beach (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 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 APPLICANT YES NO SERVICE PROVIDER (use additional sheets if needed) Page 3 of 8 Virginia Beach ❑ Accounting and/or preparer of Orsted/PWC your tax return ❑X El Architect / Landscape Architect / Moffat & Nichol/Willscot Land Planner Contract Purchaser(if other than ❑ ❑X 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 Cape Henry Launch (anticipated) ❑X ❑ Engineers / Surveyors/ Agents Moffat & Nichol/GET Solutions Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® ❑1 Legal Services So+.4N FA6e2/wILLIANIS MULL EN Real Estate Brokers / ❑ ❑x Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® 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 8 Niii3 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. Francisco Guzman Jan 24,2020 APPLICANT'S SIGNATURE PRINT NAME DATE Fete-w 4a Peter W.Allen Jan 24,2020 Page 5 of 8 Virginia Beach 0..ted tsictre,.Amalca Iroabbt LLC kr;er.Et73177 3113-timar Wield - 1.1.0 a 0,r•d I. G*9 wink! , ;• - p 3SW Hold.:LLC — -* Prejecte*LLC • R*7 NZ 67.tsprr 1:k9 323Ser'l Arne.cc IC : k4 F 5..e:is 3,Ste**Wart[LC '.)..1..td LIS k C car. — .4.c.1=Cc I I C rs* — cez 4- , t, FklaCa I C Weld .•.1.• eld kap 16.day,I C , _r• 14prth EmaCkfithar4, 3 LiC ruts-=44'34:1 • • t V %41i4 C11214 E MOT k t .7c. Ca.c.er,St a*Co' thr,.. Caspito*t*r , vird xi..14-4 IC I i .IC LIC Irgran-lrzecr.IC • , .< 7.5 r. r:_t•t•A, On*ea swap 414.1* pserare mon•Pr 4.6.• D•eprowilik4&la P614 rs.„,1 hi,md I SMR1 braLLC 4— JZ-•— 41eltrIpILC 163,3•66 rpt -C Cod &man strratert.r utt.Thar tot: Crsispwatar 131.. Uerap wet.SlAne Maw Opwcrtks LLC ) — 314.agsrt itC LI*Icr..*ratzr ; •••-•••• wind al...3len*(IC MeV IVA Hatddrga, I I r 4- 11,raF•votar d _ Yen.F4** , Lr..../rm.4.7:11.S.I•r. Sarage3And LI.0 r*47171: Page 6 of 8 OWNER Virginia s Beach YE N SERVICE PROVIDER (use additional sheets if S O needed) ❑ C Accounting and/or preparer of ❑ C your tax return Architect / Landscape Architect / ❑ C Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser ❑ C and purchaser's service providers Any other pending or proposed purchaser of the subject property ❑ C (identify purchaser(s) and C purchaser's service providers) Construction Contractors ❑ C Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders ❑ C selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 7 of 8 11, 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 8 of 8 U"tea Go 'tisssg:,�a,e`P PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, February 18,2020,at 6:00 p.m.,in the Council Chamber of City Hall (Bldg.1) at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and sold to Avangrid Renewables, LLC,or its affiliate,for development of a substation to service an offshore wind energy project: Approximately 20 acres of City- owned property located in Princess Anne Commons between Landstown Road and Dam Neck Road (Portions of GPINs: 1484- 45-8720 and 1484-67-5495) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to Dept.of Economic Development,4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, (757) 385-6464, (ecdevC vtgov,com). All interested parties are invited to attend Amanda Barnes City Clerk Beacon:02/09/2020 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Manager to IMPLEMENT all recommendations from the Disparity Study(Requested by Council Members Rouse and Wooten) 2. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re purchase of Agriculture Reservice Program(ARP) easements 3. Resolution to OPPOSE House Bill 152 and any similar Bill that negates or limits Single-Family Zoning Districts (Requested by Mayor Dyer, Vice Mayor Wood, and Council Member Moss)— Deferred from February 4, 2020 4. Ordinance to AUTHORIZE the acquisition of property in fee simple re Elbow Road Extended Phase II-B and the acquisition of temporary and permanent easements, either by agreement or condemnation 5. Ordinance to DECLARE approximately twenty(20) acres of City property in Princess Anne Commons between Landstown and Dam Neck Roads in EXCESS and AUTHORIZE the City Manager to enter into an Option to Purchase and Real Estate Sale Agreement with Avangrid Renewables, LLC re development of a Wind Energy Substation 6. Ordinance to ESTABLISH CIP #6-113 "Various HRSD Coordination" and APPROPRIATE $797,000 from the Hampton Roads Sanitation District(HRSD) to the FY 2019-20 Capital Improvement Program (CIP)re design and construction utilizing HRSD contributions 7. Ordinances to TRANSFER: a. $441,775 from General Fund Reserve for Contingencies to the FY 2019-20 Voter Registration and Elections Office Operating Budget re Democratic Presidential Primary Election on March 3, 2020 b. $118,104 and $128,316 within the FY 2019-20 Public Works' General Fund Operating Budget re purchase of tablets and implementation costs for a mobile work order system c. $2,073,503 within the FY 2019-20 Water and Sewer CIP and APPROPRIATE $2,170,923 in retained earnings re three (3) Water and Sewer Capital Projects 8. Ordinance to MODIFY Appropriations and TRANSFER$824,201 within the FY 2019-20 Housing and Neighborhood Preservation Operating Budget re adjustments in Federal and State funding pG\N1A6£,��.1 ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Implement All of the Recommendations from the Disparity Study MEETING DATE: February 18, 2020 • Background: The City completed a Disparity Study, and the results were provided to City Council in January of 2019. The written report included ten policy recommendations for advancing the City's efforts to increase minority business participation in City contracts. At the oral presentation of the findings of the Disparity Study, Sameer Bawa of BBC Consulting added two additional recommendations: (i) improve contracting opportunity notification; and (ii) a small business set-aside program for small construction contracts and small goods and services contracts. Between the written report and the oral presentation, the Disparity Study included twelve policy recommendations: 1. Update the City's aspirational participation goal to align with the Disparity Study results 2. Establish a dedicated SWaM Office, possibly housed in the Department of Economic Development 3. Improve networking and outreach 4. Improve data collection 5. Annual growth monitoring 6. Undertake a local SWaM certification program 7. Increase small business subcontracting opportunities 8. Implement project specific contract goals 9. Unbundle large contracts 10.Prompt payment 11.Improve contracting opportunity notification 12.Implement a small business set-aside program In April 2019, the Council increased its aspirational goal for minority contracting to 12% to align with the results of the Disparity Study, and this action completed Recommendation 1. In April and May, 2019, as part of the FY 2019-2020 Operating Budget process, Councilmember Wooten requested additional resources to support implementation of the Disparity Study recommendations, but Council only approved $30,000 for monitoring SWaM business utilization. At the Council's Informal Session on January 21, 2020, City staff briefed the Council on its progress in implementing the recommendations of the Disparity Study. In addition to Recommendation 1, the City staff reported progress on Recommendations 4, 5, 9, and 10. However, at that same briefing, the City staff reported expenditures from FY 2018- 2019 and the expenditures show a significant regression in expenditures to Minority- owned and Woman-owned business, as follows: Total Expenditures FY 2017-2018: MBE — 6.5% WBE - 9.1% Total Expenditures FY 2018-2019: MBE — 4.0% (a decrease of 2.5%) WBE — 5.4% (a decrease of 3.7%) Additionally, the City staff reported a modest increase in expenditures to service disabled veteran businesses from 0.2% to 0.3%. Given the above-mentioned statistics, it is imperative to implement all of the recommendations of the Disparity Study and not just a select few of the findings. • Considerations: The attached resolution provides clear guidance to the City Manager that the Council wants all of the recommendations of the Disparity Study implemented in the FY 2020-2021 Operating Budget, including a dedicated SWaM Office (preferably in the Department of Economic Development). Additionally, the resolution requires the Manager to provide a detailed plan of action for the implementation of all of the policy recommendations of the Disparity Study to the Council within 60 days of adoption. • Public Information: Normal Council Agenda process. • Attachments: Resolution Requested by Councilmembers Wooten and Rouse REQUESTED BY COUNCILMEMBERS WOOTEN AND ROUSE 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO IMPLEMENT ALL OF THE RECOMMENDATIONS 3 FROM THE DISPARITY STUDY 4 5 WHEREAS, the City completed a Disparity Study, and the results were 6 provided to City Council in January of 2019; 7 8 WHEREAS, the written report included ten policy recommendations for 9 advancing the City's efforts to increase minority business participation in City 10 contracts; 11 12 WHEREAS, at the oral presentation of the findings of the Disparity Study, 13 Sameer Bawa of BBC Consulting added two additional recommendations: improve 14 contracting opportunity notification and a small business set-aside program for 15 small construction contracts and small goods and services contracts; 16 17 WHEREAS, between the written report and the oral presentation, the 18 Disparity Study included twelve policy recommendations: 19 20 1. Update the City's aspirational participation goal to align with the 21 Disparity Study results; 22 2. Establish a dedicated SWaM Office, possibly housed in the Department 23 of Economic Development; 24 3. Improve networking and outreach; 25 4. Improve data collection; 26 5. Annual growth monitoring; 27 6. Undertake a local SWaM certification program; 28 7. Increase small business subcontracting opportunities; 29 8. Implement project specific contract goals 30 9. Unbundle large contracts; 31 10.Prompt payment; 32 11.Improve contracting opportunity notification; 33 12.Implement a small business set-aside program; 34 35 WHEREAS, in April 2019, the Council increased its aspirational goal for 36 minority contracting to 12% to align with the results of the Disparity Study, which 37 completed Recommendation 1; 38 39 WHEREAS, in the FY 2019-2020 Operating Budget process, 40 Councilmember Wooten requested additional resources to support implementation 41 of the Disparity Study recommendations, but Council only approved $30,000 for 42 monitoring SWaM business utilization; 43 1 44 WHEREAS, at the Council's Informal Session on January 21, 2020, City 45 staff briefed the Council on its progress in implementing the recommendations of 46 the Disparity Study; 47 48 WHEREAS, the City staff reported that, in addition to Recommendation 1, 49 the staff have completed or is in process to completing Recommendations 4, 5, 9, 50 and 10; 51 52 WHEREAS, at the same briefing, the City staff reported expenditures from 53 FY 2018-2019, and the expenditures show a significant regression in expenditures 54 to Minority-owned (MBE) and Woman-owned (WBE) businesses, as follows: 55 56 Total Expenditures FY 2017-2018: 57 MBE - 6.5% 58 WBE — 9.1% 59 60 Total Expenditures FY 2018-2019: 61 MBE — 4.0% (a decrease of 2.5%) 62 WBE — 5.4% (a decrease of 3.7%) 63 64 WHEREAS, the City staff also reported a modest increase in expenditures 65 to service disabled veteran businesses, which increased from 0.2% to 0.3%; and 66 67 WHEREAS, given the above-mentioned statistics, it is imperative to 68 implement all of the recommendations of the Disparity Study and not just a select 69 few of the findings; 70 71 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 72 OF VIRGINIA BEACH, VIRGINIA: 73 74 That the City Council hereby directs the City Manager to implement all of 75 the policy recommendations of the Disparity Study in the FY 2020-2021 Operating 76 Budget including a dedicated SWaM Office (preferably in the Department of 77 Economic Development). 78 79 BE IT FURTHER RESOLVED: 80 81 That the City Council hereby directs the City Manager to provide a detailed 82 plan of action for the implementation of all of the policy recommendations of the 83 Disparity Study within 60 days of adoption of this resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. 2 APPROVED AS TO LEGAL SUFFICIENCY: J City Attor ey's Office CA14985 R-4 February 5, 2020 3 „,,,, ,v, N .km [ ,,,,tWI:VITE1c1,_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: February 18, 2020 • Background: In 2019, the Virginia Department of Agriculture and Consumer Services ("VDACS”) determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $58,333.00, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015, February 2, 2016, February 7, 2017, February 20, 2018 and June 6, 2019. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. • Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, (6) public notice costs and (7) recordation fees. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of $58,333.00. • Public Information: No special advertising is required. • Recommendations: Adoption of Resolution • Attachments: Resolution and Summary of Terms Recommended Action: Approval / Submitting Department/Agency: Agriculture Department d k/ City Manager: -The_ 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 9,986 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 854 of the 2019 Acts of 19 Assembly, appropriated $250,000 in the fiscal year ending June 30, 2020 to the Virginia 20 Department of Agriculture and Consumer Services ("VDACS") for the continuation of a 21 state fund to match local governmental purchases of development rights program funds 22 for the preservation of working farms and forest lands; 23 24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 25 of Farmland Preservation to develop methods and sources of revenue for allocating 26 funds to localities to purchase agricultural conservation easements; 27 28 WHEREAS, VDACS has determined that the City is eligible to receive 29 contributions of funds from VDACS in reimbursement for certain costs the City will incur 30 in the course of purchasing ARP easements; 31 32 WHEREAS, the City and VDACS desire to enter into an agreement wherein 33 VDACS will agree to reimburse the City for certain costs incurred by the City in the 34 course of purchasing ARP easements, up to a cumulative maximum amount of 35 $58,333.00 for a period of two (2) years from the date of the agreement; 36 37 WHEREAS, a copy of the proposed agreement between the City and VDACS, 38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 39 Consumer Services and The City of Virginia Beach," dated December 31, 2019 (the 40 "Agreement"), is on file in the City Clerk's Office; 41 42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 43 Exhibit A; and 44 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH: 50 51 That the City Manager is hereby authorized and directed to execute the 52 Intergovernmental Agreement between the Virginia Department of Agriculture and 53 Consumer Services and the City of Virginia Beach, dated December 31, 2019, so long 54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 55 A and incorporated herein, and such other terms, conditions, or modifications as may be 56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 57 and to take such measures as are necessary or advisable to implement the Agreement. 58 59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 That the City Council hereby expresses its appreciation to the Governor, the 63 General Assembly and the Virginia Department of Agriculture and Consumer Services 64 for their continued commitment to the preservation of agriculture within the 65 Commonwealth of Virginia and the City of Virginia Beach. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia on the day 68 of , 2020. Approved as to Content: Approved as to Legal Sufficiency: / 1W7 ? f3%1cc} Dept. of Agriculture City Attorney CA14851 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d023\p032\00564753.doc R-1 January 29, 2020 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach(the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $1,994,203.95 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 The City is now eligible to receive an additional $58,333.00 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $58,333.00 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2019 through December 31, 2021). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 rot 'I[ 'OF ii4,;47;,,, li,'-' Ili ,.t 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 MEETING DATE: February 18, 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 has been 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 was held on January 21, 2020. The City Council deferred this item during its February 4, 2020 meeting. • 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 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 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. 13 All localities adopting a zoning ordinance under the provisions of this article shall allow L`J 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. en V N �S ytjT 6 S) t 1/44111 .% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of property in fee simple for Elbow Road Extended Phase II-B, CIP #2-152 and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: February 4, 2020 MEETING DATE: February 18, 2020 • Background: Elbow Road— Phase IIB (the "Project") constructs the first two lanes of the ultimate four-lane roadway from Indian River Road to Margaret Drive (one block west of the intersection with Salem Road). The Project is 1 of 3 phases comprising Elbow Road Phase II (with Phases IIC and IID). The Project will realign Elbow Road to establish a new intersection with Indian River Road and extend the roadway west of Indian River Road, tying into Elbow Road at the southeast corner of Stumpy Lake. The Project's proposed alignment includes a 1,050-linear-foot bridge spanning the North Landing River floodplain, which will elevate drivers an additional 12-feet above the existing roadway's river crossing. The Project also includes curb, gutter, drainage pipe, LED streetlights, noise barrier walls, as required, and landscaping. With half the needed budget already previously appropriated, this $40-million project phase was first mentioned in the FY16/17 CIP. A fully funded plan for the Project — including federal, state and local funds —was established in FY17/18 CIP with the award of additional Regional Surface Transportation Program (RSTP) funds from the Hampton Roads Transportation Planning Organization (HRTPO). 13,500 vehicles travel the two-lane, rural road conditions of Elbow Road between Indian River Road and Salem Road each day. This volume is projected to more than double over the next 20 years. This segment of Elbow Road ranked 22 out of 289 road segments based on a 3-year (2016, 2017 & 2018) crash rate analysis. Elbow Road — Phase IIC will include the two, ultimate, westbound lanes from the proposed Indian River Road intersection to the Salem Road intersection. Elbow Road — Phase IID will widen Dam Neck Road from the Salem intersection to the Princess Anne Athletic Complex (PAAC) entrance intersection. • Considerations: The Project will require property and easements from 39 privately owned parcels and approximately 7 City-owned parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. • Public Information: The last Citizen's Information Meeting (CIM) on both Elbow Road — Phase II and Indian River Road — Phase VII was held on June 7, 2018. Public Works staff has been in contact with the HOA representatives of Hillcrest Farms, Hillcrest Landing, Bellwood Estates and Bellwood Meadows in recent years. Advertisement of the public hearing in The Virginian-Pilot, Beacon, and normal publication of the City Council Agenda. • Alternatives: Deny the request and risk delaying this long, overdue project plus affecting construction start dates provided to the public, HRTPO and VDOT. • Recommendations: Approve the Ordinance. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering L~e.,, City Manager:la L 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR ELBOW ROAD EXTENDED PHASE II-B 4 PROJECT, CIP#2-152 AND THE ACQUISITION 5 OF TEMPORARY AND PERMANENT 6 EASEMENTS, EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 20 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 21 fee simple, including temporary and permanent easements and entire tracts upon which 22 such rights-of-way or easements shall be located, within the limitations and conditions of 23 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown 24 on the plans entitled "ELBOW ROAD EXTENDED PHASE IIB (C.I.P. NO. 2-152) FROM: 25 VIRGINIA BEACH / CHESAPEAKE CITY LINE TO: MARGARET DRIVE ELBOW ROAD 26 EXTENDED WATER IMPROVEMENTS (C.I.P. NO. 5-148),"(the "Project"), and more 27 specifically described on the acquisition plats for the Project (plats and plans collectively 28 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 29 of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 33 reasonable offer to the owners or persons having an interest in said Property. If refused, 34 the City Attorney is hereby authorized to initiate, prosecute and settle or resolve 35 proceedings to condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 , 2020. 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'PS' w 4 ti PUBLICH�EAJRIING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE BROOKWOOD PRECINCT The City Council of Virginia Beach, Virginia at its formal session on February 4, 2020 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling place for the Brookwood Precinct. The public hearing will be held at the City Council chambers in City Hall. If adopted, the new polling location for the Brookwood Precinct would be Brookwood Elementary School. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call: TDD only 711(TDD -Telephonic Device for the Deaf). Amanda Barnes City Clerk Beacon:January 26&February 2, 2020 ;t -, o r.et V Z i5 !CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 20 Acres of City Property Located in Princess Anne Commons to be in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into an Option to Purchase and Real Estate Sale Agreement with Avangrid Renewables, LLC for the Development of a Wind Energy Substation MEETING DATE: February 18, 2020 • Background: In 2018, the City Council of Virginia Beach ("City Council") adopted a Resolution expressing its support for and commitment to the creation of an offshore wind energy industry. In 2019, City Council adopted a Resolution Reaffirming its support and commitment. Avangrid Renewables, LLC, an Oregon limited liability company and its affiliated company, Kitty Hawk Wind, LLC, an Oregon limited liability company (collectively, "Avangrid") is developing an offshore wind energy project (the "Project") located approximately 40 miles off the coast of North Carolina. Avangrid plans to build substations in the City of Virginia Beach (the "City") to connect to power grids and support the Project. In order to meet certain Federal regulations, Avangrid must secure property for the substations in advance of moving forward with the Project. Avangrid has identified and evaluated multiple sites throughout the City and determined that Corporate Landing Business Park ("Corporate Landing") and Princess Anne Commons ("PAC") meet the requirements needed to develop the substations. Avangrid has secured an option to purchase approximately 30 acres of land in Corporate Landing from the City of Virginia Beach Development Authority, and it desires to enter into an option to purchase approximately 20 additional acres of land at PAC (Portions of GPINs: 1484-45-8720 and 1484-67- 5495) from the City for substations for the Project. City staff has negotiated the terms and conditions of an option to purchase and real estate sale agreement with Avangrid for the PAC land, as set forth in the summary of terms attached to the Ordinance as Exhibit A. • Considerations: The Project would be one of the first offshore wind energy projects in the nation and would yield an estimated $70 million in taxable investment in the City. Avangrid would pay an option fee to the City, a portion of which would be non-refundable, and a portion would be applied to the purchase price. Avangrid would be responsible for all costs associated with development of the substation. The substation would be designed in a manner consistent with the PAC Architectural Guidelines. The Project has the potential of creating managerial, professional and technical job opportunities in the City. • Public Information: Advertisement for a public hearing as required by Section 15.2-1800 and public notice via the normal City Council agenda process. The public hearing will be held on February 18, 2020. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to enter into an option to purchase and real estate sale agreement, subject to the terms and conditions set forth in the summary of terms, and such other terms, conditions or modifications as may be satisfactory to the City Council. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Development r City Manager: //LIL 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 20 2 ACRES OF CITY PROPERTY LOCATED IN PRINCESS 3 ANNE COMMONS TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 5 ENTER INTO AN OPTION TO PURCHASE AND REAL 6 ESTATE SALE AGREEMENT WITH AVANGRID 7 RENEWABLES, LLC FOR THE DEVELOPMENT OF A 8 WIND ENERGY SUBSTATION 9 10 WHEREAS, in 2018, the City Council of the Virginia Beach ("City Council") 11 adopted a Resolution expressing its support and commitment to the creation of an 12 offshore wind energy industry. In 2019, City Council adopted a Resolution reaffirming its 13 support and commitment; 14 15 WHEREAS, Avangrid Renewables, LLC, an Oregon limited liability company and 16 its affiliate, Kitty Hawk Wind, LLC, an Oregon limited liability company (collectively, 17 "Avangrid"), is developing an offshore wind energy project (the "Project") located 18 approximately 40 miles off the coast of Virginia Beach (the "City"); 19 20 WHEREAS, Avangrid plans to build substations in the City to connect to power 21 grids and support the Project. In order to meet certain Federal regulations, Avangrid 22 must secure property for the substations in advance of moving forward with the Project; 23 24 WHEREAS, Avangrid has secured the option to purchase land in Corporate 25 Landing Business Park for its substation project and now desires to enter into an option 26 to purchase approximately 20 acres of City-owned land located in Princess Anne 27 Commons (portions of GPINs: 1484-45-8720 and 1484-67-5495) (the "Property") for its 28 remaining substation needs; 29 30 WHEREAS, City staff has negotiated the terms and conditions of an option to 31 purchase and real estate sale agreement with Avangrid for the Property, as set forth in 32 the summary of terms attached hereto as Exhibit A and incorporated herein; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in excess of the 35 City's needs and the sale of the Property to Avangrid would continue the City's ongoing 36 support and commitment to the offshore wind energy industry. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 1. That the Property is hereby declared to be in excess of the needs of the 42 City of Virginia Beach. 43 44 2. That the City Manager is hereby authorized to execute an option to 45 purchase and real estate sale agreement with Avangrid for the Property, so long as 46 such documents are in substantial conformity with the Summary of Terms, attached 47 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 48 modifications deemed necessary and sufficient by the City Manager and in a form 49 deemed satisfactory by the City Attorney. 50 51 3. That the City Manager is hereby authorized to execute any and all 52 documents necessary to finalize the sale of the Property contemplated herein. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 55 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:1 ‘,... / i/, , ,--" ( , ( - Economic Develo ment CityAttorney sOffice CA14852 vbcor.corn dfsl applications\citylaw\cycom32\wpdocs\d005\p034\00619013.doc R-1 February 7, 2020 EXHIBIT A SUMMARY OF TERMS OPTIONEE: (Purchaser) Avangrid Renewables, LLC, an Oregon limited liability company, or its affiliate, Kitty Hawk Wind, LLC, an Oregon limited liability company (collectively, "Avangrid") OPTIONOR (Landowner): The City of Virginia Beach (the "City") OPTION PARCEL: An approximately 20-acre portion of GPINs: 1484-45-8720 and 1484-67- 5495 located off Dam Neck Road in Princess Anne Commons OPTION TERM: Initial term of 5 years. Avangrid shall have the right to extend for an additional 5-year term if Avangrid has submitted a Construction Operation Plan to the Bureau of Ocean Energy Management. Otherwise, any extension shall be by mutual agreement of both parties. OPTION FEE: $50,000 each year of the Option. $10,000 to be non-refundable and not to be applied to purchase price. $40,000 to be refundable if Option is terminated without purchase of the Option Parcel or applied against purchase price if Option Parcel is acquired by Avangrid. PURCHASE PRICE: $100,000 per acre. USE: Option property only to be used for electric substations utilized for Avangrid's wind energy project and related ancillary uses. ACCESS/INFRA- STRUCTURE: Optionee shall have access to the Property from Dam Neck Road and shall be responsible for the construction of any additional infrastructure needed for its project. SUBDIVISION PLAT: Optionee shall be responsible for all costs associated with subdividing the existing parcels. REAL ESTATE COMMISSION: N/A t�way Alke Z O. At F O. 'Al: 4/ - Aillk 4-4 '- , " 4.4e" / / r * 4, / ,,,%: 41 pain Neck Rd +i a 4i i 4 �' ' } , i , / '`' S 1 / ,.4 P / Princess Anne 15' s Little League :. i v ill1 a fr 1 a Jj� 4. it \ 0 ,,,r , 4. IV 4.4 — t viiii, .d.. ....? . „,010 Legend N LOCATION MAP +r•aatu. «ns ,CFI,., t fasment City of Virginia Beach ....a w=«n Goon Gorr Eadernert --�tring TlitladtS46141 Kitty Hawk Proiect rtcfertruc 0 300 0 Feet AVAN RID Virginia Beach APPLICANT'S NAME Kitty Hawk Wind, 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 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. e SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). EI APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: Ei REVISIONS SUBMITTED DATE: ary� Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Kitty Hawk Wind, LLC If an LLC, list all member's names: Avangrid Renewables, LLC 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) Avangrid Renewables, LLC 1 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. X 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: City of Virginia Beach 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 • 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 r - YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of self-prepared your tax return X Architect / Landscape Architect / N/A Land Planner Contract Purchaser (if other than N/A X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed N/A Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) X Construction Contractors N/A XEngineers / Surveyors/ Agents See attached Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XI I Legal Services Parker Poe Real Estate Brokers / N/A X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME/ _ DATE- At—cit/lin p 7 Page 5 of 7 oft.,f OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of your tax return Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) Construction Contractors I I 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 / I fl Agents/Realtors for current and ` anticipated future sales of the subject property e 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 6 of 7 l 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 Disclosure Addendum Engineers/Surveyors/Agents—Mott Macdonald,Tetra Tech, Ecology& Environment,Timmons Group, Terrasond Ltd,SEARCH u iI . ., :,me, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Establish CIP #6-113, "Various HRSD Coordination," and to Appropriate $797,000 from Hampton Roads Sanitation District to the FY 2019-20 Capital Improvement Program MEETING DATE: February 18, 2020 • Background: When mutually beneficial, the City's Department of Public Utilities will administer projects in coordination with the Hampton Roads Sanitation District (HRSD). There are generally two types of these projects. In one, HRSD makes changes to its sanitary sewer system which subsequently affects the sanitary sewer system of the City. The other type is where improvements to the HRSD sanitary sewer system are made in coordination with a City project. By partnering with HRSD on projects, efficiencies can be gained that reduce City costs and lessen the impact of construction on residents. When partnering on a project, HRSD will reimburse Public Utilities for the agreed upon portion of the project. The HRSD funded portion reflects the amount for which HRSD is financially responsible. Public Utilities will fund its responsible portion through existing programs and capital projects. Staff recommends creating a stand-alone capital project, CIP #6-113, "Various HRSD Coordination," to segregate HRSD expenses and to ensure reimbursements are received from HRSD. When a coordinated project is completed, there will be the appropriate conveyance of assets to HRSD. • Considerations: Public Utilities requests the establishment of CIP # 6-113 "Various HRSD Coordination" in the FY 2019-20 CIP and for the appropriation of $797,000 from HRSD reimbursements. This will allow design and construction to begin in the current fiscal year utilizing HRSD contributions. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Proposed CIP #6-113 Project Page Recommended Action: Approval Submitting Department/Agency: Department of Public Utilities/" City Manager: TpL 1 AN ORDINANCE TO ESTABLISH CIP #6-113, "VARIOUS 2 HRSD COORDINATION," AND TO APPROPRIATE 3 $797,000 FROM HAMPTON ROADS SANITATION 4 DISTRICT TO THE FY 2019-20 CAPITAL IMPROVEMENT 5 PROGRAM 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 THAT: 9 10 1. CIP # 6-113 "Various HRSD Coordination" is hereby established in the FY 2019- 11 20 Capital Improvement Program; and 12 13 2. $797,000 in revenue from the Hampton Roads Sanitation District is hereby 14 appropriated to CIP # 6-113. Requires an affirmative vote by a majority of all of the members of City Council. 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: 11L Ji Budge and Management Services .i# orrey's Office CA14989 R-1 February 5, 2020 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: 6113000 Title:Various HRSD Coordination Status: New Project Category: Sewer Utility I Department: Public Utilities Ranking: 0 Project Type Project Location Project Type: Rehabilitation/Replacement District: Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed COP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 2,953,000 797,000 1,581,000 115,000 115,000 115,000 115,000 115,000 0 Description and Scope This project supports work administered by Public Utilities on behalf of the Hampton Roads Sanitation District(HRSD)but where the City will be partially or fully reimbursed for the improvements.This includes occasions when HRSD makes modifications to their sanitary sewer system that require subsequent changes to the sanitary sewer system in Virginia Beach or where the City is constructing an infrastructure project which HRSD can leverage to make system upgrades and improvements during the construction to reduce overall costs and minimize impacts to citizens.When the City partners with HRSD for betterments that are in the best interest of the City to improve the sanitary sewer system,Public Utilities would fund those portions of the related construction through appropriate programs.This project provides funding only for HRSD's agreed upon portion of any project,the scope of which may include evaluation,design,land acquisition, and construction to upgrade,modify,or replace sanitary sewer pump stations and force mains.Incurring these expenses separately from the City's assets ensures proper conveyance of the asset to HRSD and ensures reimbursements are received. Purpose and Need This project allows Public Utilities to distinctly separate work performed on behalf of HRSD from work incurred for the rehabilitation and replacement of the. City's sanitary sewer collection system.Partnering with HRSD to leverage system improvements in conjunction with related work reduces the overall costs, limits utility cuts in new roads during the life of the pavement,and reduces disruption to traffic for work performed in the right-of-way and ultimately the impact to citizens.This project supports two City Council Goals:Goal 2-Create a Financially Sustainable City Providing Excellent Services and Goal 10-City Assets and Infrastructure are Well Maintained and Meet Community Expectations. It also supports the mission and goals for Public Utilities providing sanitary sewer service at reasonable costs;planning,operating,and maintaining facilities that meet community needs,environmental responsibilities,and regulatory requirements;developing an environment that fosters innovation and adaptability to meeting the needs of our customers and operating as a revenue- supported enterprise. History and Current Status This project first appeared in the FY 2020-21 CIP;however,the project was established by City Council in FY 2019-20.This program is ongoing in nature.This project is financially supported by contributions from HRSD. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount Design 01/20-06/26 142,000 Construction 01/20-06/26 2,425,000 Contingencies 01/20-06/26 386,000 Total Budgetary Cost Estimate: 2,953,000 Means of Financing Funding Subclass Amount Local Funding HRSD 2,953,000 Total Funding: 2,953,000 GovMax 1 2/5/2020 r �, a fe CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Transfer Funds for the Democratic Presidential Primary Election MEETING DATE: February 18, 2020 • Background: A Democratic presidential primary election has been ordered for March 3, 2020, in the City of Virginia Beach. The Virginia Code requires localities to pay the costs of primary elections. The FY 2019-20 Operating Budget for Voter Registration and Election's Office does not include funding for a primary election. • Considerations: The total cost for the March 3 primary election is estimated to be $441,775. The Commonwealth typically reimburses a portion of the expenditures for a presidential primary, and the Governor's proposed 2018-2020 Biennium Budget Caboose Bill includes $5.7 million to reimburse localities for the 2020 presidential primary. However, the City has not received notification as to what percentage of primary expenditures will be reimbursed. If this transfer is approved, the balance of the General Fund Reserve for Contingencies will be $619,740. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration and Elections City Manager: UM C_- 1 AN ORDINANCE TO TRANSFER FUNDS FOR THE 2 DEMOCRATIC PRESIDENTIAL PRIMARY ELECTION 3 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $441,775 is hereby transferred from the General Fund Reserve for Contingencies 8 to the FY 2019-20 Operating Budget of Voter Registration and Elections to fund the 9 Democratic Presidential Primary Election on March 3, 2020. 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: Budg-\ and Management Services orn 's Office CA14988 R-1 February 5, 2020 ttiys�,L u t sll rJ mow:. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Transfer Funding within the FY 2019-20 Operating Budget of the Department of Public Works to Purchase Tablets and to Implement a Mobile Work Order System MEETING DATE: February 18, 2020 • Background: The Department of Public Works is requesting a transfer of $246,420 to purchase 74 tablets for use by Facilities Management. Each tablet is $3,330, which includes the purchase price of $1,596 and $1,734 for the software, ongoing maintenance, and labor, as well as future replacement through the computer replacement program. Twelve of these tablets will be used to allow Facilities Management to operate Crisis Track, which is a mobile-based software developed specifically for local governments to perform initial facility damage assessments. The software is formatted for input and use in the field using drop down menus on tablets and mobile devices, and it will print out in a format developed in conjunction with FEMA. The Office of Emergency Management is implementing its use for post-event inspections of residential, commercial, and public facilities throughout the City. The information is reported to FEMA to justify and initiate the FEMA cost-reimbursement program. The initial data and photographs are then rolled into a work order/asset management system to identify requirements for more detailed inspections. The work order system then includes necessary repairs with cost tracking for labor, materials, equipment, and contracted work. The tablets are needed in time for software installation, training, testing and use during the 2020 hurricane season. This process will greatly enhance the City's ability to document damage quickly and take advantage of cost-reimbursement programs. The remaining 62 tablets are for Facilities Management Staff to begin to implement Asset Works, which is being purchased by the Department of Information Technology to replace the outdated software used currently by Public Works. Asset Works will dramatically change how Public Works tracks facilities inventory, the management of condition assessment data, space management procedures, work order request procedures, work order classification, work assignment, estimating, scheduling, completion, quality control, and customer feedback processes. One tablet will be assigned to each truck and will be used to receive and complete work orders in real time. Real time information is vital to provide meaningful updates to customers and to ensure accuracy of information and timely notification to field techs for emergency response to minimize damage to City facilities. Being able to manage all facilities from a consolidated facilities asset management system, combined with a centralized work reception and control system, will enable the entire Facilities Management Group to focus on the priority facilities sustainment, restoration, modernization, and repair issues. Without the purchase of tablets, Facilities Management staff will be unable to fully utilize the software and will continue to have to manually track work orders. A total of $118,104 (74 x $1,596) will be transferred from Public Works General Fund Operating Accounts to capital outlay for the purchase of the tablets. $128,316 (74 x $1,734) will be transferred from Public Works General Fund Operating Accounts to the Non-Departmental Computer replacement program for the purchase of software, ongoing maintenance, and labor. • Considerations: There is sufficient funding within the operating budget of Public Works to support this purchase; however, due to the cost and purpose of the items, the funding for the purchase of the tablets must be transferred into a capital outlay account, and the funding for the software and labor must be transferred to the computer replacement program. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works M44 City Manager: 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN 2 THE FY 2019-20 OPERATING BUDGET OF THE 3 DEPARTMENT OF PUBLIC WORKS TO PURCHASE 4 TABLETS AND TO IMPLEMENT A MOBILE WORK 5 ORDER SYSTEM 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1 . $118,104 is hereby transferred from Public Works' General Fund Operating 11 Budget to capital outlay accounts for the purchase of tablets; and 12 13 2. $128,316 is hereby transferred from Public Works' General Fund Operating 14 Budget to the Non-Departmental Computer Replacement Program for the 15 implementation costs for a mobile work order system. 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: Budget and Management 'entices City Attorney's Office CA14991 R-1 February 5, 2020 ,",,ft� ' ij io" noa CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $2,073,503 within the FY 2019-20 Water and Sewer Capital Improvement Program and to Appropriate $2,170,923 in Retained Earnings to the FY 2019-20 Water and Sewer Capital Improvement Program MEETING DATE: February 18, 2020 • Background: This request seeks additional funding for three Water and Sewer capital projects or programs as described below. Burton Station Sanitary Sewer Pump Station The Burton Station Strategic Growth Area Master Plan (the "Plan") recognizes significant opportunities for economic development resulting from the large expanses of undeveloped land in close proximity to interstate, rail, and air connections. In working toward achieving the Plan's vision, current initiatives are focused on the development of roadways, a new Fire/EMS station, stormwater facilities, and water and sanitary sewer infrastructure improvements. Sanitary sewer infrastructure improvements require the construction of a sanitary sewer pump station. Public Utilities estimated the capital costs for engineering and construction of the Burton Station Sanitary Sewer Pump Station in the FY 2010-11 Budget with $1,950,000 appropriated to CIP # 6-557 - SGA Sanitary System Improvements. The Burton Station Sanitary Sewer Pump Station design was completed in August 2019, and construction advertisement occurred in October 2019. The opening on November 20, 2019 included four qualified contractors with bids ranging from $2.2 million to $2.53 million, which substantially exceed the estimate of $1.73 million. The higher than anticipated construction costs can be attributed to the increasing cost of materials and the prevalence of pump station work in the region. Public Utilities requests $993,738 be provided to CIP # 6-557 to complete the Burton Station Sanitary Sewer Pump Station project. Laskin Road Water and Sewer Improvements Phase I When feasible, Public Utilities coordinates capital projects with Public Works to perform utility work in conjunction with roadway projects. This ensures all of the work is completed at the lowest possible cost and minimizes construction impacts to citizens. Public Utilities has two companion CIP projects, # 5-207 "Laskin Road Water Improvements Phase I (VDOT)" and # 6-075 "Laskin Road Sewer Improvements Phase I (VDOT)," which are associated with the Virginia Department of Transportation (VDOT) CIP Project # 2-126 "Laskin Road Phase I-A". These projects have been in the CIP planning process since FY 2001. VDOT advertised the project in January 2019, and bids came in higher than anticipated due to increasing construction costs. In an effort to reduce project costs, the scope of the project was value engineered. Based on current available funding, an additional $810,454 is needed in CIP # 5-207 and $1,890,234 in CIP # 6-075 ($2,700,688 total). This adjustment will fully fund the utility work and provide a contingency for field changes and unexpected construction issues. Water and Sewer Tap Installation Program CIP # 5-953 "Water Tap Installation Program II" and CIP # 6-953 "Sewer Tap Installation Program II" first appeared in the FY 2008-09 CIP. The projects provide funding for the design, review, and construction of water and sewer taps for single family and duplex developments. Costs associated with the Water and Sewer Tap Installation Program are recovered through payments made by developers for work to be completed when developers elect for Public Utilities to install their water and sewer taps as a part of the program. $1,939,754 has been appropriated to date for CIP # 5- 953 and $2,921,811 has been appropriated to date for CIP # 6-953. Public Utilities has determined that additional appropriations in the amount of $200,000 to CIP # 5-953 and $350,000 to CIP # 6-953 will be needed in the current fiscal year. The number of water and sewer taps that developers elect to have installed continues to increase along with contract bid prices. Additionally, the request includes moving the costs of sanitary sewer vacuum buffer tanks from the Operating Budget to CIP # 6-953. • Considerations: The additional needed for in these projects totals $4,244,426 and is available from three sources: • CIP # 6-559 "Sanitary Sewer Asset Management Program" ($117,842); • Fixed Assets, ($1,955,661); and • Net Assets or Retained Earnings ($2,170,923). The fixed asset transfer moves funds from completed and closed projects within the Water and Sewer Enterprise Fund. The net assets appropriation is analogous to the City's General Fund fund balance. Approval of this request will not impact the completion of scheduled activities and does not negatively impact enterprise financials or enterprise debt management obligations. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities �g�l City Manager: I tat, 1 AN ORDINANCE TO TRANSFER $2,073,503 WITHIN THE 2 FY 2019-20 WATER AND SEWER CAPITAL 3 IMPROVEMENT PROGRAM AND TO APPROPRIATE 4 $2,170,923 IN RETAINED EARNINGS TO THE FY 2019-20 5 WATER AND SEWER CAPITAL IMPROVEMENT 6 PROGRAM 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 THAT: 10 11 1. $2,073,503 is hereby transferred within the FY 2019-20 Water and Sewer Capital 12 Improvement Program (CIP): 13 14 a. $117,842 from CIP # 6-559 "Sanitary Sewer Asset Management Program" 15 to CIP # 6-557, "SGA Sanitary Sewer System Improvements"; and 16 b. $1,955,661 from Fixed Assets in the Water and Sewer CIP to the following 17 projects: 18 i. CIP # 5-953, "Water Tap Installation Program II," in the amount of 19 $200,000; 20 ii. CIP # 6-953, "Sewer Tap Installation Program II," in the amount of 21 $350,000; 22 iii. CIP # 6-557, "SGA Sanitary Sewer System Improvements," in the 23 amount of $875,896; and 24 iv. CIP # 5-207, "Laskin Road Water Improvements Phase I (VDOT)," 25 in the amount of $529,765. 26 27 2. $2,170,923 in Retained Earnings of the Water and Sewer Enterprise Fund is 28 hereby appropriated to the following projects: 29 a. CIP # 5-207, "Laskin Road Water Improvements Phase I (VDOT)," in the 30 amount of $280,689; and 31 b. CIP # 6-075, "Laskin Road Sewer Improvements Phase I (VDOT)," in the 32 amount of $1,890,234. 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: IM7 Budg t & Management Services tt ey's Office CA14992 R-1 February 6, 2020 \711f: 1 ro . y. r- t�= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify Appropriations and Transfer Appropriations Within the FY 2019-20 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: February 18, 2020 is Background: As a result of ongoing resource development efforts by the Department of Housing and Neighborhood Preservation (DHNP), the following adjustments to its FY 2019-20 Operating Budget are requested: • Accept and appropriate Housing Choice Voucher funds for homeless veterans (VASH). The City has been awarded an additional $38,464 annually for 5 additional VASH vouchers from the U.S. Department of Housing and Urban Development (HUD). This pro-rated appropriation of $16,027 is for the 5 months of the current fiscal year, from February through the end of June. • Accept and appropriate Housing Choice Voucher Program funds for Mainstream Vouchers. The City has been awarded an additional annual amount of $516,017 for 60 vouchers to provide affordable housing for homeless persons with disabilities. This pro-rated appropriation of$43,001 is for the month of June. • Increase appropriations for Housing Choice Voucher Family Self Sufficiency(FSS) Coordinator funding by $7,302. The City was awarded $56,347, an increase over the $49,045 originally budgeted. • Increase appropriations for the State Rental Assistance Program (SRAP) by $265,966 to align with the actual award amount for the fiscal year. These funds provide affordable housing to persons with intellectual or developmental disabilities. • Transfer all appropriations in the Community Development Loan and Grant Fund (181) to the Community Development Special Revenue Fund (180). Historically, the Community Development Block Grant (CDBG) program has operated out of these two separate funds. This structure is no longer a HUD requirement, and DHNP requests the combination of these funds for efficiency purposes. • Considerations: For all items except the last, without the appropriation of these funds, they cannot be used for the intended purposes. For the final item, the combination of these funds will greatly improve efficiencies and ease of reporting. • Public Information: Normal agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval �►ii� Submitting Department/Agency: Dep- i �of Housing & Neighborhood Preservation City Manager: M� 1 AN ORDINANCE TO MODIFY APPROPRIATIONS 2 AND TRANSFER FUNDING IN THE FY 2019-20 3 OPERATING BUDGET OF THE DEPARTMENT OF 4 HOUSING AND NEIGHBORHOOD PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 The following adjustments are made in the Department of Housing and 10 Neighborhood Preservation's FY 2019-20 Operating Budget: 11 12 1) Increase appropriations by $16,027 for Housing Choice Vouchers for 13 homeless veterans (VASH), with federal revenues increased accordingly; 14 2) Increase appropriations by $43,001 for Housing Choice Vouchers for 15 Mainstream Vouchers, with federal revenues increased accordingly; 16 3) Increase appropriations by $7,302 for Housing Choice Vouchers Family Self 17 Sufficiency, with federal revenues increased accordingly; 18 4) Increase appropriations by $265,966 for the State Rental Assistance Program 19 (SRAP), with State revenues increased accordingly; and 20 5) Transfer $824,201 in appropriations and estimated federal revenues from 21 Community Development Loan and Grant Fund (181) to the Community 22 Development Special Revenue Fund (180). 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services . Attorn s Office CA14990 R-2 February 7, 2020 K. PLANNING 1. BISHARD FAMILY REAL ESTATE, LLC for a Variance to Section 4.1(j) of the Subdivision Regulations re subdivide the existing parcel into three(3)lots at 312 Gatewood Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC / SECURITY STORAGE & VAN COMPANY OF NORFOLK, VIRGINIA, INC. for a Conditional Change of Zoning from I-1 Industrial to Conditional A-36 Apartment re develop up to 160 multi-family units at 4545 South Boulevard DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL APPLICANT REQUESTS DEFERRAL TO MARCH 17,2020 3. VILLAGE CHURCH for a Modification of Conditions re religious use at 4013 Indian River Road (Approved December 6,2011)DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. JAMES P. WOOTTON for a Modification of Conditions re community boat dock at 1732 Lovetts Pond Lane(Approved June 23,2009)DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 5. RED HEAD REALTY for a Conditional Use Permit re non-commercial marina at Mill Landing Road East of Stone Road intersection DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. FERGUSON WEDDING COMPANY, LLC / LONG BAY POINT PARTNERS, LLC for a Conditional Use Permit re assembly use at 2105 West Great Neck Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 7. 7-ELEVEN,INC.,for a Conditional Use Permit re automobile service station at 2205 Princess Anne Road DISTRICT 7—Princess Anne RECOMMENDATION: APPROVAL 8. BRANDY FLOTTEN for a Conditional Use Permit re short term rental at 1804D Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. HH VB2,LLC for Conditional Use Permits re short term rentals at: a. 400 33rd Street b. 402 33rd Street c. 3216 Arctic Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—DENIAL (`�Q� .. - 3,r, ,5� J r� NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, February 18,2020 at 6:00 p.m.,at which time the following applications will be heard: Brandy Flotten [Applicant] Andrew & Brandy Flotten [Owners] Conditional Use Permit_(Short- Term Rental) 1804 Baltic Avenue, Unit D(GPIN 2427072274)COUNCIL DISTRICT-BEACH HH VB2 LLC[Applicant&Owner]Conditional Use Permit(Short-Term Rental)400&402 33'd Street, 3216 Arctic Avenue(GPIN 2418925567)COUNCIL DISTRICT-BEACH Village Church[Applicant&Owner]Modification of Conditions(Religious Use)4013 Indian River Road (GPINs 1474623633& 1474624663)COUNCIL DISTRICT-PRINCESS ANNE Red Head Realty[Applicant&Owner]Conditional Use Permit(Noncommercial Marina)Northeast of Mill Landing Road(GPIN 2410716099)COUNCIL DISTRICT-PRINCESS ANNE Bishard Family Real Estate, LLC [Applicant & Owner]Subdivision Variance(Section 4.1(j)of the Subdivision Regulations) Northeast corner of P Gatewood Avenue & Paris Street (GPIN (.) 2407017508)COUNCIL DISTRICT-BEACH Franklin Johnston Group Management & Development,LLC[Applicant]Security Storage& Van Company of Norfolk, Virginia, Inc. [Owner] Conditional Rezoning(I-1 Light Industrial District to Conditional A-36 Apartment District)4545 South Boulevard (GPIN 14 7 7 517 149) COUNCIL DISTRICT-ROSE HALL Ferguson Wedding Company,LLC[Applicant]Long Bay Point Partners,LLC[Owner]Conditional Use Permit(Assembly Use)2105 W.Great Neck Road (GPIN 1499382174) COUNCIL DISTRICT - LYNNHAVEN James P. Wootton [Applicant & Owner] Modification of Conditions 1732 Lovetts Pond Lane (GPIN 14997671071520) COUNCIL DISTRICT-LYNNHAVEN 7-Eleven,Inc.[Applicant&Owner]Conditional Use Permit(Automobile Service Station)2205 Princess Anne Road (GPIN 2404956764) COUNCIL DISTRICT-PRINCESS ANNE 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.vbsov.com/oc.For information call 3854621- If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON:FEBRUARY 2&9,2020-1 TIME EACH. 0 i _---\--I _._ -Ili 4*P , QJ A..........i Y1 + \ Ii i t1 II ri Y "t _______-__ ..__.____ a______1 \ Lo _ .1 \ 1 1 _ _ , 0 -- fir 5 t # '1-11,„„,‘N‘ u co 1\\,.\\\\\\A------A,7(16. L_-_-'1 co c \\IINs\ws.‘1 ,, co 0 1 ,, W as v Y 0 \ K9t \'•,.. >+ i ______. co 0 LL \ \ ,, CD Ca")'Y INC Avenue nug 11 �' CA ., G atew°°d oD Y .,it ` 7 Y, \ )! i \\-N . - - \ \ \°11:1:3 cu Tri lir 15 D , . i, , 4-0 cm DI J E) c Y 1\ . .C. in r°v a m E::::3 ... PGNi4BE q c.HL. re" In 1 Z_) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: BISHARD FAMILY REAL ESTATE, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.1(j) of the Subdivision Regulations) for the property located at 312 Gatewood Avenue (GPIN 24070175080000). COUNCIL DISTRICT — BEACH MEETING DATE: February 18, 2020 • Background: The applicant proposes to subdivide the 15,000 square foot parcel located at 312 Gatewood Avenue into three lots — one single-family dwelling lot and two semi- detached dwelling lots. The property is zoned R-5D Residential District, requiring a minimum of 5,000 square feet in lot area for each parcel. Section 4.1(j) of the Subdivision Regulations states: "Property lines at the intersection of minor streets with each other or with alleys shall be rounded with a minimum radius of ten (10) feet." This rounding of the property lines reduces the total parcel size to 14,979 square feet, which would only allow development of just two of the three lots proposed. As the applicant seeks to create three lots, a Subdivision Variance from the standard requiring rounding of the intersection is requested. ■ Considerations: Due to the rounding requirement, the proposal to subdivide the existing 15,000 square foot parcel into three lots, would result in one lot, Lot 90A, not meeting the minimum 5,000 square foot lot area requirement for parcels in the R-5D Residential District. Lot 90A is proposed with 4,979 square feet. It is Staff's opinion that while the lot area is only short by 21 square feet, the overall proposal is not consistent with the pattern of development that has occurred over time in this neighborhood, thereby potentially negatively impacting the character of the surrounding area. Although Public Utilities and Public Works Staff have noted there are no anticipated improvements at this intersection that would require the corner radius dedication, Staff's research revealed that the smallest lot in the vicinity is approximately 11,000 square feet. Staff is also of the opinion that the hardship is self-imposed as the rounding of property lines is required for every intersection where local streets intersect and should therefore be anticipated. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Bishard Family Real Estate, LLC Page 2 of 3 Two letters of opposition and a petition of opposition containing 33 signatures from 27 households within the neighborhood were received by Staff. There were two speakers in opposition at the Planning Commission hearing who expressed concerns regarding the proposal changing the character of the neighborhood and the increase of density in an area close to the Naval Air Station Oceana. The Planning Commission determined the proposed development to be attractive and the shortage in required lot area to be minor. A condition recommended by the Planning Commission below, and indicated with underlined text, was included with the motion to approve. This condition provides that an area equal to that required by Section 4.1(j) of the Subdivision Regulations be reserved in the event it is needed in the future. Follwing the Planning Commission public hearing, the applicant offered two conditions as a means of providing additional detail and level of certainty for the surrounding neighbors with regard to the layout and the design and type of dwellings to be constructed. • Recommendations: City Staff recommends denial 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 reserve an area, equal to that which is required by Section 4.1(i) of the Subdivision Regulations, at the southwest corner of Lot 90A, to the City of Virginia Beach following the recordation of the subdivision plat. Conditions 2 and 3 provided by the applicant following the Planning Commission Public Hearing for City Council's consideration 2. When subdivided, the property shall be developed as shown on the submitted site plan exhibit entitled "Site Plan Exhibit for Subdivision of Lot 90, Revised Plat, Gatewood Park Extd., Located Near London Bride", dated 12/04/2019, and prepared by WPL Site Design, 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. 3. When Lots 90A, 90B, and 90C 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. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Bishard Family Real Estate, LLC Page 3of3 Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-PO') City Manager: / M L-• Applicant Bishard Family Real Estate, LLC Agenda Item Public Hearing January 8, 2020 City Council Election District Beach 3 City q( Virginia Beach Request Subdivision Variance (4.1(j) of Subdivision Regulations) Staff Recommendation i I Denial i Staff Planner I\ c..... Aubrey Trebilcock Location -jig.- L, 312 Gatewood Avenue ..--t GPIN s 2 24070175080000 E "" Site Size --I"" -- 15,000 square feet `"` t AICUZ Greater than 75 dB DNL ,,,,,.,.. Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential Win= Surrounding Land Uses and Zoning Districts .; , North }.3 Single-family dwelling / R-5D Residential South ,, Single-family dwellings/ R-5D Residential '` L. East Duplex/ R-5D Residential `_ - West s ..:. V , Single-family dwelling/ R-5D Residential z: . Bishard Family Real Estate, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant proposes to subdivide the 15,000 square foot parcel located at 312 Gatewood Avenue into three lots— one single-family dwelling lot and two semi-detached dwelling lots. The property is zoned R-5D Residential District, requiring a minimum of 5,000 square feet in lot area for each parcel developed with a single-family dwelling/semi- detached dwelling and 10,000 square feet for a parcel developed with a duplex. • Section 4.1(j) of the Subdivision Regulations states: "Property lines at the intersection of minor streets with each other or with alleys shall be rounded with a minimum radius of ten (10)feet."This rounding of the property lines reduces the parcel size to 14,979 square feet, which would only allow for the development of two single-family dwelling or semi-detached lots, or one duplex lot. As the applicant desires to create three parcels, a Subdivision Variance to this standard that requires the rounding of the intersection is requested in order to create the three parcels. • Minimum lot width in the R-5D Residential District is 50 feet for a single-family dwelling lot and 35 feet fora semi- detached dwelling lot. An additional 10 feet in lot width is required for corner lots, such as the proposed Lot 90A. Therefore, in order for the property to be developed with three single-family dwellings, a minimum of 160 feet of frontage is required. As the property at it's widest point is only 150 feet„ the applicant proposes to instead create one single-family dwelling lot (Lot 90C) and two semi-detached dwelling lots (Lots 90A and 90B), which requires a lot width of only 130 feet, thereby meeting this standard.. R-5D R-5D - $ ' No Zoning History to Report Py�Sty R-5D 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 Section 9.3 of the Subdivision Regulations states that no variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. 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. C. The problem involved is not of so general or recurring nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Bishard Family Real Estate, LLC Agenda Item 3 Page 2 D. 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. E. 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. The original plan depicted three single-family lots on the 150-foot wide property. Based on the deficiency in lot width for those three single-family lots, which requires a minimum of 160 feet of frontage,the applicant modified the request to include one single-family lot and two lots for a semi-detached dwelling, which requires only 130 feet of frontage. However, while this approach addresses the lot width deficiency, it did not resolve the issue of the property line rounding which would put Lot 90A under the minimum 5,000 square foot lot size as required by the R-5D Residential District. During Staff review, a determination was made by City Traffic Engineering that, in this instance, the property line rounding at the intersection was not necessary to accommodate public safety or traffic projects. However, property line rounding is a requirement of the Design Standards set forth in section 4.1(j) of the Subdivision Regulations, and therefore, cannot be waived by an administrative decision.Consequently, a Subdivision Variance has been requested by the applicant.The applicant contends that since the lot will fall under the 15,000 square feet minimum area to create three lots due to the property line rounding at the intersection of Gatewood Avenue and Paris Street, it is a hardship placed upon the property owner by the City of Virginia Beach's requirements. Staffs evaluation of Section 9.3 of the Subdivision Regulations, listed at the beginning of this section, is provided below and addresses the five points by which this request and all other variance requests are considered. A. The application of the ordinance to round the property corner is not discretionary, but required of every corner lot at the intersection of minor streets.A determination that it is unnecessary for traffic projects or safety, which results in being 21 square feet short of the minimum area required for a third lot, is not sufficient grounds for a hardship. B. The proposed development is not reflective of the existing character of the neighborhood. On Paris Street and Gatewood Avenue,the majority of lots, all of which exist as single-family dwelling lots, are larger than 15,000 square feet.There is no lot smaller than 11,250 square feet in the vicinity.This proposal would create three 5,000 square foot lots, becoming the smallest lots by over 6,000 square feet; however the proposed lots would meet the minimum lot width standards for lots in the R-5D district. C. It could not be said that this is a commonly recurring problem where the possibility of an additional lot is eliminated by a 10 foot radius property line rounding at the intersection. It is a specific enough problem that it could be properly addressed by a Variance. D. There are no natural features or problematic adjacent developments which impede the use of the property.The property boundaries, prior to the corner rounding, are sufficient for three lots in the R-5D Residential District. The required rounding will leave this property just short of the lot area requirement for the third lot. However, as the corner rounding is written into the Subdivision Regulations,and applied to every subdivision as dictated by the Design Standards for streets,this does not fulfill the definition of an extraordinary situation. It is something that must be taken into account prior to every subdivision request. E. The variance request is a result of the requirements of the R-5D Residential District due to the corner rounding, which causes Lot 90A to be deficient in lot size.This variance request does seek to maintain minimum lot size Bishard Family Real Estate, LLC Agenda Item 3 Page 3 and meet the standards of the Zoning Ordinance, providing the need for the corner rounding required by the Subdivision Regulations. The proposal to subdivide the existing 15,000 square foot lot into three lots, would result in at least one lot not meeting the minimum 5,000 square foot lot area requirement of the R-5D Residential District due to the Subdivision Ordinance requirement for the rounding of the corner. If granted the Variance, the applicant would create three 5,000 square foot lots which would meet the requirements of the Zoning Ordinance. While the lot area is short by only 21 square feet, the overall proposal is not compatible with the character of the surrounding area, where the smallest lot size is approximately 11,250 square feet. It is Staff's opinion that the request does not preserve the character and stability of the neighborhood, as the proposed lots would be more than twice as small as any other lot on Gatewood Avenue or Paris Street.The hardship also appears to be self-imposed as the corner rounding is a requirement of every intersection where local streets intersect, and should therefore be anticipated. There is no hardship to redevelopment of the lot as it currently exists and the lot can be subdivided into two lots by right. Based on this, Staff recommends denial of the request. Recommended Conditions 1. The applicant shall reserve an area, equal to that which is required by Section 4.1(j) of the Subdivision Regulations, at the southwest corner of Lot 90A, to the City of Virginia Beach following the recordation of the subdivision plat. Conditions 2 and 3 provided by the applicant following the Planning Commission Public Hearing for City Council's consideration 2. When subdivided, the property shall be developed as shown on the submitted site plan exhibit entitled "Site Plan Exhibit for Subdivision of Lot 90, Revised Plat, Gatewood Park Extd., Located Near London Bride", dated 12/04/2019, and prepared by WPL Site Design, 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. 3. When Lots 90A, 90B, and 90C 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. 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. Bishard Family Real Estate, LLC Agenda Item 3 Page 4 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 maintain neighborhood stability and sustainability. Many of these principles are based upon the "Characteristics of a Great Neighborhood" as defined by the American Planning Association. For example, new residential development should be consistent in term of size, intensity and relationship to the surrounding area. Infill development should be designed to "give the impression to those who pass by that it has always been part of the original development." Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Gatewood Avenue and Paris Street, which are both adjacent to the subject parcel, are considered two-lane undivided local collector streets. They are not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water There is an existing four-inch City water main along Paris Street and an existing six-inch City water main along Gatewood Avenue. Sewer There are existing eight-inch City sanitary sewer gravity mains along both Paris Street and Gatewood Avenue. Public Outreach Information Planning Commission • Staff is unaware of any meeting between the applicant and neighborhood organizations or residents. • One letter of opposition and an opposing petition with 33 signatures from 27 households in this area have been received by Staff noting concerns related to the proposed lot sizes and changing of the character of the neighborhood. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019 and December 29, 2019. Bishard Family Real Estate, LLC Agenda Item 3 Page 5 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 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 January 2, 2020. City Council • Following the Planning Commission' public hearing, Staff is unaware of any meeting between the applicant and neighborhood organizations or residents. • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays,January 26, 2020 and February 9, 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 February 3, 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 February 14, 2020. • Two letters of opposition and an opposing petition with 33 signatures from 27 households in this area have been received by Staff noting concerns related to the proposed lot sizes and changing of the character of the neighborhood. Bishard Family Real Estate, LLC Agenda Item 3 Page 6 Proposed Site Layout ( 66 e) re`�s3�3NbldS,5/ oilv � �O Z 1k Mo io,b 4 Z l�Of Q O M N v m com �nr. o c, yea .O000, 3.LrLf.60 S 1% — — O aC In m ‘ I 1,1 $. N EIN ff 03 U .DOOAOI 1 M.Lr/*.6o N * y ca0 1 cyo b¢ 0 m 4wg*1a6 W $ ttwoJ o _ W ZJ O�M� w h �� N ly Q, h .1y w •--a 2 . ti Y •00.001 M.L£,L6.60 N `_" W _— •c 0? MI hq �� $ VI h h oil12 h 1 m N yea 00'001 M.L£,L*.6O N �- yea (91 Od 'IT 6 rv) <M/d ,09) 3fN3A V 0OOM31 VO Bishard Family Real Estate, LLC Agenda Item 3 Page 7 Proposed Elevation Plan Lots 90A & 90B ITj- - ....1 n 1 ® .... kC - i Li ■■;■■ a �� t g o - H t A i 0 O' z - i:,..,, 1 d ��iii rc NNE. Oa / 1 S MEW la ---1:t 4-4/ \ T! 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'.--7-'-'ff.';'-`4J Bishard Family Real Estate, LLC Agenda Item 3 Page 10 Disclosure Statement • • VB Virginia Beach APPLICANT'S NAME Bishard Family Real Estate, 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 • • 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 ONi, , .il disclosures must be updated t r to any Page 1 of 7 _ � m Plannm omiss an aria City Council meeting that perta , the a ;l cationtst. i n 1 APPLICANT NOTIFIED OF HEARING DATE ( /7-7 V i //�7yT.. AL�� I NO CHANGES AS OF DATE 1-3-z tJ fI[ py 0 REVISIONS SUBMITTED DATE- i Bishard Family Real Estate, LLC Agenda Item 3 Page 11 Disclosure Statement N/13 Virginia Beach n 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:Bishard Family Real Estate,LLC If an LLC,list all member's names: Manager: Bishard Development Corporation; Steven W.Bishard, President; John Bishard,VP; Robert Deacon,VP of Operations;Thomas Lewis,CFO 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) 1 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. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC,list the member's names: Page 2 of 7 Bishard Family Real Estate, LLC Agenda Item 3 Page 12 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 entityrelationship" means "a relationship, other than P" p, parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity.or (iii) there is shared management or control between the business 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 • i 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 Bishard Family Real Estate, LLC Agenda Item 3 Page 13 Disclosure Statement „\B APPLICANT Virginia Beach YES NO I( SERVICE PROVIDER(use additional sheets if I needed) X Accounting and/or preparer of — your tax return I C Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Ix1 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n /\' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors I� Engineers/Surveyors/Agents WPL Financing(include current TowneBank mortgage holders and lenders Imo' selected or being considered to provide financing for acquisition or construction of the property) (7 Legal Services R.Edward Bourdon.Jr.,Esq, ' Real Estate Brokers / Ca Agents/Realtors for current and anticipated future sales of the subject property 'Har• ry R.Purkey,Jr...Esq • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I r1I i an interest in the subject land or any proposed development �ncontingent 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 Bishard Family Real Estate, LLC Agenda Item 3 Page 14 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. / Iri1 Bishard 6ami Late,LLC: Steven W. Bishard,President of I0(17/2" Ry APPUCANTS SIGNATURE PRINT NAME DATE Bishard Development Corporation,Manager Page 5 of 7 Bishard Family Real Estate, LLC Agenda Item 3 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Bishard Family Real Estate, LLC Agenda Item 3 Page 16 Item #3 Bishard Family Real Estate, LLC Subdivision Variance(Section 4.1(j) of the Subdivision Regulations) Northeast corner of Gatewood Avenue& Paris Street (GPIN 2407017508) January 8, 2020 RECOMMENDED FOR APPROVAL Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business, if you were on the consent agenda,this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk, please call the first item. Ms. Sandloop:Thank you Madam Chair. The first item to be heard is agenda item number 3, in which we do have two speakers for today. It is Bishard Family Real Estate LLC, an application for a subdivision variance section 4.1 (j) of the subdivision regulations on property located on the northeast corner of Gatewood Avenue and Paris Street located in the Beach District. Mr. Bourdon: Thank you Madam Chair for the record, Eddie Bourdon,Virginia Beach Attorney representing the applicants, Mr. Steve Bishard is here, along with Josh Motto and some of his folks on his team. The property that's a subject of this application as a part of a subdivision that was recorded in Princess Anne County in 1949, before there was a zoning ordinance and before there was a subdivision ordinance. That subdivision was developed a few years later but still close to 70 years ago. The properties in this subdivision are zoned R-5D, the homes in the subdivision, some are quite old. Others are newer; it's just redevelopment that's been taking place. Frankly, the area is very benefited by redevelopment. There are quite a number of duplexes in the subdivision, again it's zoned R-5D. My clients who've been doing a lot of excellent work in the city redeveloping areas that are very much in need of redevelopment acquired this piece of property with the intent to develop by right exactly what is before you today. The right-of-ways are all improved and have been for half a century. The Gatewood Avenue right-of-way is a 60 foot wide right- of-way and Paris Street is a 50 foot wide right-of-way, meeting all city current requirements for residential streets and exceeding it as far as Gatewood is concerned, these roads are dead ends. Paris street goes East West, about six lots in each direction and Gatewood ends here. There is no, you heard this morning, no 1 likelihood conceivable foreseeable of any roadway improvements that would necessitate any right-of-way in addition of what exists today. I have been doing this kind of work for 35 plus years. I suspect Mr. Inman has had a similar experience to what I'm going to describe. The City of Virginia Beach anytime somebody in an existing neighborhood that was created a long time ago, if there is anything that is "substandard" to what is required today, when you submit a resubmission plat, they come back with the standard,you know, we want you to give us additional right-of-way and they get it probably 60 to 70% of the time. Because people say, I don't need it, no problem. I'll give you the right-of-way. However, there are a number of circumstances when that's not the case and I've represented many people over the years look, it's okay to ask for it,but we aren't putting the need for it,Supreme Court of the United States is very clear, you know, that you can't require me to give you land when I don't create the need for it. The Dolan Tygart case and others very clear, that's what happened here. We have a by right subdivision and again, I've never, ever been up here asking for this variance before because it's never, ever been required before. So here we have lots on existing public streets improved, been there for decades and we're being told,guess what,we want this little curve on the corner that we're not going to use for anything. We're not going to improve it, but we want to give it to you. We want you to give it to us. Well, we'll be happy to give it to you. We'll be happy to give you a reservation and once a plats recorded to create this legal subdivision will be happy to give it to you,no you have to get a variance because our ordinance that has been ignored for years because similar things have happened in the city like just like we're doing never been here before then recorded plat every time, so we here once for first time ever, because someone is saying that even though we don't on the Supreme Court decisions, we don't have a right for you to take it from you, excuse me, they can take it from you,we don't have the right to make you give it to us. We want you to give it to us. So that's the bottom line here,but we're going along with the program with this subdivision variance request. Okay,but these are illegal lots that meet all the dimensional requirements, but when you tell us we got to give you that little corner, which we don't have a problem with,then you all of a sudden you lose a lot, again Dolan versus city of Tygart, 512 US Supreme Court, Page 374, 1994 Supreme Court case. It will not stand scrutiny. So that's the bottom line here. This neighborhood is developing; redeveloping will continue to redevelop that's what we want to see exactly what we need to see in this neighborhood. So that's the long short of it, that's why we're here. We are now being told,well, discretion has been used in the past, recognizing what the law says, but we don't feel like we can do that under the way our ordinance has been written all these years, so we're going to try to get the ordinance revised so that we have that discretion. Well, I don't think that's the right way to run the railroad, but it is what it is. We're here 2 asking for a variance because they're saying they can't approve it any other way. And so then we get into this,you know,does it fit the character of the neighborhood, the character of the neighborhood is going to change. It is already changing. Those of you been out there and wrote around, you'll see its changing and for the most part, that's a good thing. So I hate to be so confrontational,but this is really not an application that ought to be here and I think that's the long in a short of it, but we are here. And we would ask the Commission; the hardship is that we're being told, you don't get what you are legally entitled to that meets all the dimensional requirements, because we want not that we need. We want this little 21 feet from the corner. Well, the city wants to buy a lot for the 21 feet,that's,you know,that's their prerogative. I don't think they want to buy a lot for that 21 feet. I will be happy to answer any questions. Ms. Oliver: Thank you. Mr. Bourdon: Thanks. Ms. Sandloop:Madam Chair we have two speakers, Courtney Milts. She would approach the podium and state your name for the record. Ms. Oliver: Welcome. Ms. Milts: Hi, my name is Courtney. And I thank the council and I understand what this gentleman is saying and we, as a neighborhood, a lot of us did not know about the R-5 zoning back there and we're neighborhood of,you know,third acre lots and the kids have places to run. And people come back there because they want a yard. They don't want to see their neighbor right close. You know, we have people who've been there 40-50 years. And,you know, there's a neighbor right across the street. She's been there 40 years, and she cries every time she backs out of her driveway, who's gonna speak up for her? Ms. Oliver: Sony, take your time. Ms. Milts: I understand construction is going to happen, but be considerate of what's around. Take in the little guy,take in the people who have lived back there for generations, I know two families by doing this petition, you know, they have three generations, both of them back there and,you know, it's not all about this. It's like, if they had just said we'll just build two homes, because that would be good for the neighborhood and be cohesive and have continuity and we considered our neighbors. We then just come in there and does everything and just we thought about the other person. What is wrong with that? But, I just see things going around-around the city, that they're not very cute. They are the cohesiveness, the continuity,the thoughtfulness of our neighbor,you know,there's a subdivision right 3 across the street on London Bridge and these old folks bless their hearts, they had to sell their acreage right next door. Now they have a house, their driveway, and this big, ugly brown fence, and then houses built right up on top of them. And I know they had to sell the property and I know construction is allowed,I get that but think about what's around you. What is wrong about thinking about your neighbor? I don't understand. It's not all about this. It's not all about money. We're people. We live in this neighborhood. I walk my dog in this neighborhood. Ms. Oliver: Ms.Milts, thank you. I hate to cut you off,but unfortunately we allow three minutes per person. Ms. Milts: Right. Just think about also the water runoff in these ditches they're building in front of these new homes where the water sits after a week of walk up, the storm. Scum is still there. You're talking about mosquitoes; you are talking about more spray. Chesapeake Watershed. Ms. Oliver: Thank you. Ms. Sandloop:Gerald Fowler. Ms. Oliver: Welcome. Mr. Fowler: Good afternoon. I own the duplex just next to this property. Ms. Oliver: Mr. Fowler, I'm going to interrupt you one second. Would you mind stating your name for the record? Mr. Fowler: Gerald Fowler. Ms. Oliver: Thank you. Mr. Fowler: I own the duplex just next to the property. The thing that comes to my mind is there is development going on in that community, but normally what's been happening; they've been buying two properties, tearing them down and building one house there. I thought there was a drive on to decrease the density, there is about four or five lots from this lot that you're considering today,to the fence for the air station, I mean, it's right on top of it. And for years, they've been tearing places down and decrease the density,this would triple it and so that seems awful strange to me. If you look through neighborhoods,you see all the big lots and then you see one with three houses but something don't seem right. That's all I want to say. Ms. Oliver: Thank you. Does anybody have any questions for Mr. Fowler? Thank you very much. Mr. Bourdon? 4 Mr. Bourdon: Thank you Madam Chair. I want to let the commission know that Steve Bishard has made multiple outreach efforts to the young lady,I'm sorry I didn't get her last name, I don't want to call her Courtney, was not able to get any type of a response, more than willing to sit down with her and,you know,the folks in the neighborhood you have an elevation of a two story structure that would go on this, these two lots that is set back and that's the single family one but you have also the shared, the required setback from gateway,excuse me Gatewood Avenue sorry is 18 feet. This is at 24 feet. So it's further off if you built,you can build one house all at 18 feet. We've got the distance between this 10,000 square foot lot in the house on the interior lot that's 5,000 square feet is over 30 feet. So this is not trying to squeeze three structures. It's doing a detached basically a duplex and meets all the requirements and exceeds the requirements as far as setbacks concern. So it's not something that is out of character with the duplexes that are in the neighborhood at all. Again, it's a two story, the folks that she referred to on London Bridge Road, we had the pleasure of representing them, and the development that went around their house and it's exactly what they wanted to take place. So again, it's just; it's interesting how things just get pulled out of the sky. The houses, the older homes in this neighborhood, the overwhelming majority of those that are still there were built before there was any stormwater management ordinance whatsoever. There really hasn't been a flooding resilience I think it's a better word, moving forward problem with this neighborhood, but with this redevelopment, there will be stormwater management that will have to be provided and we cannot discharge any more water than it has been discharged from the property as it's currently developed. And so there's not. Their city and the engineers will not permit given the current environment especially, it will be scrutinized to the nth degree there won't be any additional stormwater to cause any problems in the public right-of- way. We've provided you with the subdivision plat and with the elevation for the structure to be built on the corner lot, which is the only issue here as well as on the interior lot, so, I'd be happy to answer any questions any of you may have, but we believe that and Mr. Bishard is more than willing to meet and talk to folks, I don't know what the concern if you put the map of the composite map of someone to cross the street, what it would be, see there, these are not large, wide lots. In fact, the houses are pretty close in here. So I'm really not sure what the concern is, when I graduated from law school, one of my high school buddies rented a duplex at the end of actually, I think was the end of Wall Street, which is I think one up but you know,this area has had duplexes in it going back and that was in the early 80s. So I realized it's a bit of a hodgepodge, if you will, somewhat transitional in nature, but that's what needs to,that's what's going to happen is we're going to have areas like this that are redeveloping, and that's a betterment for everybody concerned,and 5 including the people who own property. I am happy to answer any questions any of you may have. Ms. Oliver: Anybody have any questions. Mr. Alcaraz: I do,I'll start off but if you could just hold tight I'm gonna ask, when the lots were created 70 years ago,the zoning was,I guess, shown what it was at that time? So if they're oversized lots and they are zoned R-5D or whatever,who created and how did that become or we've got R-5 but we've got oversize lots? Mr. Tajan: Little bit of history,these are the zoning didn't exist,this would have been in,would have been greater if these were platted at that point in time, greater Princess Anne County where the actual City of Virginia Beach was just the Oceanfront. So they were developed under the county's regulations. When they got annexed into the city zoning was applied to it, eventually it became R-5D which can't be single family and duplex development. So the pattern was probably created many years prior before we put the zoning on it versus the zoning creating the lot pattern. Mr. Alcaraz: So the R-5 which signifies 5,000 square feet per lot was assigned to those lots, not taking account that they were oversized lots. So the development in the future would be for 5,000 square foot minimum? Mr. Tajan: That would be what we would permit. Yes, that is correct. Mr. Alcaraz: And then my other question in the informal, your staff had said that the traffic control requirement for the radius wouldn't be required or would be used? Mr. Tajan: Correct. During our review of the process, the subdivision regulations state that when there is a subdivision proposed for a corner lot like this, a corner radius is required. The waiver procedure for that is through the subdivision variances Mr. Bourdon had noted and we were told by traffic engineering during the review that they did not need the corner radius. Mr. Alcaraz: So the applicant required, no or has offered,I heard a reservation is that still allowed with the city ordinance for reservation? Mr. Tajan: The ordinance is currently requires a dedication. If it comes through in this,through the approval process of getting a subdivision variance, if the applicant wants to like do a reservation or not,we would still accept that is. Mr. Alcaraz: Okay. Mr. Bourdon: I would just add,we've agreed to provide a reservation, we have agreed to sign an agreement that once the plat is recorded,for 50 cents,whatever we'll give them the 21 square feet, yeah, and Mr. Tajan is absolutely correct. The zoning was applied 6 to the property when we actually got the zoning being the Princess Anne County; City of Virginia Beach wants the merger to reflect what was there. Now again,it's always had duplexes and it's always had housing on larger,you know,combinations of lots which is not unusual for a lot of neighborhoods in Virginia Beach that have redeveloped over the course of time. So that's all absolutely correct and it isn't an aversion, even though it's not needed. They're not gonna be road improvements here, these are dead end streets, they're not going to be anywhere so there's not going to be any improvement to these streets, not gonna be any widening of the streets. It would be the same as it's been for 70 years and worked out fine for 70 years, they haven't needed it, but my class not here to get into a fight. We will provide it to you,but there should be, there has been in the past discretion and I'm not arguing who was right or who was wrong,but discussions have been exercised in situations like this have always been resolved in the past with either a reservation or we know we don't need it, we're not going to need it, but they're following the letter of what's in the ordinance and that's probably what needs to be looked at. Ms. Oliver: Mr. Redmond. Mr. Redmond:Don't go away, Mr. Bourdon because you may weigh in here if you like. So but I just want to clarify because we've had a lot of going on this morning and today. As I understand this,the design standards set a requirement, we do not need nor intend to use as I want to,is that correct? That what I heard this morning today? Mr. Tajan: Based on our view uniformly, the reservation or dedication is required for subdivisions on corner lots, so that is the uniform rule but standard,but through our review, there's currently no intent to utilize or expand on that utilizing that radius that is correct. Mr. Bourdon.:The ordinance is based on new subdivisions; I mean that's why it's there. So it's totally understandable that's there but there's nothing in the actual verbiage not the way it has been previously discretion has been used and again, I'm not here to argue that you know that anyone is wrong but in the past discretion has always been my experience anyway used to recognize it, yeah, we asked for but this is not a new subdivision. I mean, it's a subdivision of this little property,but as it pertains to the roads, the roads are there, they're developed;they've been there for,you know, 50 plus years. So that's why,this is bit of a. Ms. Oliver: Does anybody have any more questions for Mr. Bourdon? Thank you. Hearing now is closed and we're going to open it up amongst the commissioners. Anybody want to go first? Mr. Redmond. Mr. Redmond:And the reason I asked that is because that kind of puts this application I think you view it in a different light when you realize, I mean, I really do view this as 7 something that's it's a problem with the ordinance, the ordinance, it's quite possible that sometimes, you know,the ordinances and zonings are inappropriate to various applications when we see them. And I view this, a technicality isn't even the right word,doesn't even apply. We don't intend to avail ourselves of it, as Mr. Bourdon says, it's for new subdivisions, really. And for sure, this neighborhood will, you know, will incur more redevelopment. This strikes me as appropriate redevelopment, what the applicant has proposed, seems to me as a way to address it and instead of one lot having 5,000 feet is going to have 4979 or something like that it's a difference without a distinction. And so it seems to me that it's an appropriate resolution to an instance where the ordinance itself is not really appropriate to the land use pattern that we're seeing. There are less attractive,less palatable ways to develop this and lots of other properties. I do think the product that they're proposing will be the freshest,nicest looking product,you know,within eyesight of this. One of the photos we saw had a house with siding and a bunch of green, you know, moss growing on the side of it. Well, this is going to be a brand new,modern,attractive place, you know,built in a way that really fits into this land pattern, so sorry to go on so long and I know that there are folks who are upset about this I think perhaps somewhat unduly it seems to me an appropriate way to approach this. Thank you. Mr. Weiner: I did ride through the neighborhood yesterday,just wanted to because usually when we get an application for denial,we don't get a chance to go there. I like to go and look at it to see what it is and I did notice turning off of not Potter's Road but London Bridge, the first three houses that you see are actually larger than what's being proposed now. So there are different types of houses in there. There are very small duplexes,but I always have to look back in the aging housing stock that we have in the city and yet somebody wants to come in and,tear down houses and build brand new ones. I kind of want to go that direction. I like that a lot. So I'm going to be supporting it. Mr. Graham: Madam Chair, I'll be supporting it as well. I completely agree. I think that when you have a developer that's coming into a neighborhood and they're going to build new homes, I think it's that, you know, for the homeowners that live in that neighborhood. I mean, I think it's a good thing. I think these are very attractive elevations that they've submitted. I think it's going to benefit the neighborhood, and we're talking about a dedication that is 21 square feet. I mean, it's teeny, but what it's doing is it's preventing redevelopment. So anyway,I'll be supporting it. Ms. Oliver: George? Mr. Alcaraz: Yes, there are just a few things I would like to appreciate what he said and with the 15,000 square feet that they have as the owner developer, or whatever interest they 8 may have, I mean, and then you go through the development phase,you go through the process and then you're told to 21 square feet on a corner is going to be needed. It's a harsh word,but I take it as a taking and I don't really like that word,but I didn't want it to go that far,but it kind of seems to go that route. However,I don't know if it's an option with the city if they can do reservation. If it's ever needed, then it's there and then they have it but then it qualifies them for the three lots to do the semi attached in a single family. So therefore, I'd like to make a motion to approve it. Mr. Redmond:Second. Ms. Cartwright: The vote is open. Ms. Oliver: Hold on. Mr. Inman: I need to take note that make a disclosure that I am in the board of directors or advisory board Town Bank from Virginia Beach, and Town Bank listed as a potential lender on this project as an advisory board member, I have no decision making power were the loan made or not made and have no financial interest in the outcome, and I will be voting on that matter. Mr. Graham: I too need to disclose that I am on the Town leadership advisory board,do not have any kind of financial gain in this project and I will be voting. Mr. Tajan: Madam Chair I clarify to align with Mr. Alcaraz's motion to approve, I believe that there should be a condition that addresses that there should be an easement or reservation provided for the 21 square feet and not the dedication as the one condition. Ms. Oliver: Okay, great thank you. So you want us to remake the motion or we just add that? Mr. Tajan: I believe this motion included that when he's... Ms. Oliver: Okay. Mr. Tajan: Read through it,when he discussed it. Ms. Oliver: All right. Ms. Sandloop:The vote is open. By the recorded vote of 9-0, agenda item number three has been approved with conditions as amended. Madam Chair our next item of business is item number 4, Franklin Johnston Group Management & Development, LLC, which is an application for conditional rezoning I-1 light industrial district to conditional A-36 Apartment District on property located at 4545 South Boulevard located in the Roosevelt District. Ms.Oliver: Okay,thank you. And I'd like to thank 9 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 10 i I \t 4 N \ f°,,,\ • 1 1, �'� \ W t,' iN CNN fj1- --Liiiiiiiihmi— , v __ o a) )ij :: :dT :f �` 13, V o i' � �Y J N .-..5 T ,, r oo- ,r, i 1 • • 11- SI '111. • ‘--. : ..0 • \\ 7\ ' E 10- vibff, 04119tu:1-....,0,, :1(r.._,..7 .='‘.._. ,.\\ o \\\ = V\ Tax 0 i 11 I c?„) ' \\ 1 .4 --,4 �� rJ C k ' \\\ 2 , Ii OC,, 44b n1 — \ \ .= / ��.- t 1 0 le It fit? AD & ' — I A CA \K,,,‘ ' 0 r. ii 4 i i , ?' '` .,... r w. f, ,-L.: j ( C Tri eScu— fer n / ! f C O I J `� C7) C OS 'J o v - to ry a 4 fj M , 4f _W fps ._ . yS'Li77 f� s CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] SECURITY STORAGE & VAN COMPANY OF NORFOLK, VIRGINIA, INC. [Owner] Conditional Change of Zoning (I-1 Industrial District to Conditional A-36 Apartment District) for property located at 4545 South Boulevard (GPIN 1477517149). COUNCIL DISTRICT — ROSE HALL MEETING DATE: February 18, 2020 • Background: Due to confusion caused by information on the public hearing sign, the applicant is requesting a deferral to the March 17, 2020 City Council meeting. This will ensure that proper posting of the property occurs in the time frame required. The applicant is proposing to develop up to 160 multi-family dwelling units on a site currently developed with warehouse and office uses on the outer perimeter of the Pembroke Strategic Growth Area (SGA). As the site is zoned I-1 Industrial District, a rezoning to Conditional A-36 Apartment District is requested. Nearby uses include office, religious use, and an apartment complex. The submitted Conceptual Layout depicts five, five-story multi-family buildings, a two-story clubhouse building with an outdoor swimming pool. Following the Planning Commission hearing, a modification to the clubhouse was submitted to Staff that depicts a taller three-story clubhouse interior to the site. The clubhouse footprint was modified from an "L-shaped" building to a rectangular structure, thereby enabling four additional parking spaces, a small increase of interior parking lot landscaping adjacent to the building. In Staff's view, these minor changes that are not well seen from the rights-of-way were not deemed significant. The applicant is requesting a deviation from the required 30-foot front yard setback to permit construction of the apartment buildings within 10 feet of the property line along South Boulevard. A community identification sign is proffered to be a monument-style sign, not exceeding eight-feet in height, with similar construction materials as the proposed buildings. While not required, a 25-foot wide Category II buffer is proposed along the eastern property line abutting an office building. Category II typically includes evergreen plants reaching a mature height of 20 feet. The required streetscape and foundation plantings are depicted on the concept plan for the full length of South Boulevard. Franklin Johnston Group Management & Development, LLC Page 2 of 2 • Considerations: In Staff's view, and the Planning Commission concurred, the proposal is consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering to the surrounding uses. While the proposal will result in a density of approximately 33 units to the acre, the rezoning to the apartment district will remove the existing industrial zoning that is less compatible with nearby uses, including a church and apartments. The proffered contemporary architecture and building materials are attractive and of high quality. Thorough consideration has been given to the site design to ensure adequate vehicular circulation and emergency access. While the proposed development will increase the number of vehicular trips along this portion of South Boulevard above the existing zoning by three-fold, South Boulevard is well below its capacity. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. The Planning Commission supports the applicant's request to develop the property with a reduced front yard setback from 30 to 10 feet. The site is adjacent to the Pembroke SGA, where developments are encouraged to have a 0-foot setback from the right-of-way, and there is no plan to widen this portion of South Boulevard in the Master Transportation Plan. One citizen spoke in opposition at the Planning Commission hearing, raising concerns about traffic and stormwater. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Deferral Request Letter Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 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' ';T'4:-\ t• -'' 'ft .%- iIWW „-t-4.06*'''''"'''''''''''* • "5' \ t Litljt ' ' j , 44 Y ' 4 ' ‘,,2\ -: „,„. ,....: - ; :\ ,,...i--. 411r - -I _741ipAlli:,,.„,„2- - /,- __-_------.---, . _„- .044‘• ii\°:- .- '''''\\'\\110)/. \S -' ,, ,,\1140, , t dkjr , • ;: --),, ‘ kN ,`,",,,,,,„- il,_-%Ifir,i1.'": -_,,,,:---- -: Vri .- - 4.1°°... iii,,.40;:.,, 1‘000011, ,\Nis. ," It. „., , -- rCV 4 .i„ = .1-4-.\ : -- 1. 4 o r a> x W o b ,, s 1 ,_ yea - A, _." J ' n U 1 �x 0 Applicant Franklin Johnston Group Management & Development, Agenda Item LLC Owner Security Storage & Van Company of Norfolk, Virginia, Inc. 4 Public Hearing January 8, 2020 coo( Virginia Beach City Council Election District Rose Hall Request Conditional Rezoning (I-1 Industrial District to Conditional A-36 Apartment District) ,.�m,.�* Staff Recommendation Approval ' i Staff Planner Hoa N. Dao Location r 4545 South Boulevard � . GPIN 1477517149 1.Site Size ' 4.90 acres t... / AICUZ \,., :./ <' Less than 65 dB DNL ' n Watershed Chesapeake Bay sty„ Existing Land Use and Zoning District _ Warehouse/ I-1 Light Industrial Surrounding Land Uses and Zoning Districts , North South Boulevard Office / I-1 Light Industrial f , t • South .. Cemetery, office/ I-1 Light Industrial East t Office/ 1-1 Light Industrial ' " ' West 01° Cemetery/ I-1 Light Industrial _` >. 2 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant is proposing to rezone the subject property from I-1 Industrial District to Conditional A-36 Residential District for the development of up to 160 multi-family units. • The 4.90-acre property is on the outer perimeter of the Pembroke Strategic Growth Area (SGA) and is developed with a warehouse and small office buildings. • The site borders South Boulevard to the North, a cemetery to the southwest, and an office building to the east. Surrounding uses are office buildings, a church, and apartments. • The submitted Conceptual Layout depicts five,five-story multi-family buildings, a two-story clubhouse building, and an outdoor swimming pool.A community identification sign is also depicted on the plan and is proffered to be a monument-style sign, not exceeding eight-foot in height, with similar construction materials as the proposed buildings. • As the site is located adjacent to the Pembroke SGA that encourages development with a zero setback from the right-of-way,the applicant is requesting to deviate from the 30-foot front yard setback required in the A-36 Apartment District and construct the apartment buildings as close as 10 feet from the property line along South Boulevard. • As required, the Conceptual Landscape Layout on page 9 of this report depicts a 25-foot Category II buffer along the property line abutting the office building parcel to the east, zoned I-1,and streetscape plantings along South Boulevard.The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however,a more detailed review of all screening and planting requirements will occur during the final site plan review. • The elevation on page 8 of this report depicts the buildings to be a contemporary design style with textured veneer masonry, pre-finished metal siding, and fiber cement panel siding.The two-story clubhouse located at the center of the development is proffered to be of a similar design and building materials. • The submitted Conceptual Layout depicts 307 parking spaces,which exceeds the parking requirement by 14 spaces. • A Phase I Environmental Site Assessment was completed on September 3, 2019, and revealed no evidence of recognized environmental conditions(RECs)1 connected with the property 1 ASTM E1527 defines "recognized environmental conditions" as the presence or likely presence of any hazardous substances or petroleum products in,on,or at a property:(1)due to a release to the environment;(2)under conditions indicative of a release to the environment;or(3) under conditions that pose a material threat of a future release to the environment. Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 2 B_3 ias — -- Sow 8oU .a,d _ j� Zoning History ° / r # Request _22 1 CRZ(A-18 to Conditional A-36)Approved 10/08/2013 2 MOD(Addition to Religious Use)Approved 07/17/2007 : MOD(Addition to Religious Use)Approved 03/22/2005 CUP(Religious Use)Approved 09/13/1995 I 4\\ S \ ; Application Types CUP—Conditional Use Permit MOD — Modification of Conditions or FVR—Floodplain Variance Proffers LUP—Land Use Plan REZ—Rezoning ALT—Alternative Compliance CRZ—Conditional Rezoning NON—Nonconforming Use SVR—Subdivision Variance STR—Short Term Rental STC—Street Closure Evaluation and Recommendation The proposed rezoning for the construction of up to 160 multi-family units, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering to the surrounding uses.There is a multi-family development to the west of this proposed development and the surroundings uses include office and religious use. While the proposal will result in a density of approximately 33 units to the acre,the rezoning to the apartment district will remove the existing industrial zoning that is a less compatible with the nearby church and apartments. Staff finds the proposed contemporary building design style to be attractive and to be of good quality.Thorough consideration has been given to the site layout to allow for ease of site circulation and emergency apparatus access. In addition, the clubhouse and swimming pool will provide the tenants with on-site recreational amenities. As stated above,the applicant is requesting a deviation to the front yard setback requirement for this development. Considering the site is adjacent to the Pembroke SGA, where developments are encouraged to have a 0-foot setback from the right-of-way, and there is no plan to widen this portion of South Boulevard in the Master Transportation Plan, Staff is agreeable to the applicant's request to develop this property with a reduced front yard setback from 30 to 10 feet. While the proposed development does increase the number of vehicular trips along this portion of South Boulevard above the existing zoning by three-fold,South Boulevard is well below its capacity. The submitted Landscape Plan has been reviewed by Staff and appears to meet the requirements of the Zoning Ordinance. As proposed,the development will have adequate parking. In addition,the submitted Lighting Plan shows the lighting source to be shielded and contained on-site. Information provided by the Virginia Beach City Public Schools Staff indicates that the proposed development is well within the threshold for increases in student population. Based on the considerations above,Staff recommends approval of the rezoning request for the development of up to 160 multi-family units with the reduced front yard setback to 10 feet and subject to the submitted proffers below. Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "SOUTH BLVD SITE—Conceptual Layout", dated October 24, 2019, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "South Blvd.", and dated October 25, 2019 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Proffer 3: Landscaping installed on the Property,when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "SOUTH BLVD SITE—Conceptual Landscape Plan", and dated October 24, 2019 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred sixty(160). Proffer 5: The community identification sign shall be a monument-style sign not exceeding eight (8)feet in height and the design and the materials used for the sign will be compatible with the building materials and Elevations submitted with this application. Proffer 6: The community clubhouse for this development shall be located substantially where shown on the "Concept Plan". The community clubhouse will be a two-story building and the design and building materials will be compatible with the building materials and design of the building Elevations submitted with this application.The final elevations of the community clubhouse will be subject to approval of the Planning Director. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as 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 the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.As the site is fully developed with a warehouse and office building 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 South Boulevard 5,080 ADT1 8,700 ADT 1(LOS°"D") Existing Land Use 2—372 ADT Proposed Land Use 3-1,170 ADT 'Average Daily Trips 2as defined by a warehouse use 3as defined by 160 apartments 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Boulevard is considered a two-lane collector street.There is a CIP planned for this segment of the roadway; however, South Boulevard at the connection to Independence Boulevard may be impacted by improvements associated with the 1-64/Independence Boulevard interchange improvements project.This project is still in the study phase and currently there is no funding allocated for construction. Public Utility Impacts Water and Sewer The subject site is served by City water and sanitary sewer services. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Windsor Woods Elementary 353 396 16 16 Independence Middle 1,281 1,181 7 7 Princess Anne High 1,732 1,835 7 7 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). Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 5 The proposed development will meet the school capacity level for the Elementary and High Schools. Independence Middle School is currently over capacity by 100 students.The proposed development will increase the overall capacity by 1%from 108%to 109%. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 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 December 20, 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 January 2, 2020. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 2, 2020 and February 9, 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 February 3, 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 February 14, 2020. Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 6 Proposed Site Layout Jr O. � -, �c ag �e t7a VS cL- 41 - fl Is �, F W O W u w Z a o ' _ WWQ ¢U ol9l� I � L H N Q FE- Y Z 1 i `" - 1 o� �. z1 �� - c- 3 a z 4 1 8 •••• .... e , • _ _ , . .1.1.,,,,. .. x's,'-i:', - : � � fir \,..---4 .-‘-:\\..„, ��,�\ _r , , o y \, Z ii, n `' Z CV 1 ‘ 4. > *.A. ..,.. V- e- ,,, C:1 0 .' �_ m t a ---1 p gu 9- �` #d u 0 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 7 Proposed Elevations ei.e.a eOWAY WADINGmwe n+..CaO. 105E oereun® MEMWeer-,sySeededdE0 W.SONO na ___ Ili, ..r'., .,'- :-mommmiiimmrin ® ■ ■■ wi--- i--_ *■■■■ AINOONS MSC. -- ■ t 1�■ -. - '1 SALLOW WOE Ovieleiee APO.M.VINEFR WAMPUM TM -1- : I i ■ IR I dededaidee Wee...ediddAne iddJiited I• i • -- _I _1_a __ INTERIOR VIEW ELEVATION de 0- IMEMMEMMINEWIlli $a inn V— f--- -ago IR .1 _ ___ i_._._ ----e. „. _-. WWII v•ill II _ ri ..i....... __i__ ,,, . •• IN u. Ir. .. •., Ii.„,. ill MCI 11 .ist.s Isiiiia •• r- H- P i 1 4 ■ EXTERIOR VIEW ELEVATION EN El= MI�lili _ ■ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII _ ... •• 0l I • IIIIIIIIII :�ill I w. w C... ■ ::I_CI 11111111111 III�II : ::, • I : C:Iliiillllll �III•I q Ii : i IIrII!IIi lu I . PU IIIM I i_ 1 i SIDE ELEVATION SIDE ELEVATION Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 8 Proposed Landscape Plan 0e 4 - ! .1v= I. / o ,9e DR1V1: J a 5 '8 8 '.w ai :! Z i 3 ° ziff ff r!+ i = 1 / Ili g ! 4, >1 •• i o o' s2 o v Ili sp' i �!a €' g E i- 'i. W-W F !ga d3$ it `a! iTli ill; 'ill t axo Ll_� s i.1 1 , g!-_ ig§g Ag'° !'' h €S• glg gig 1 e &i31i g 33 , gsh1 i; Ong . I ''i_% 1 4' €! `l' ' :g6i ' ( t i74; 1;;; _i :Ss !FIB a N _lig , % , "A g "8 Z sue )00 I if if ? • ��dc a, � . - Y.L I�OS 4 Q Illpr , s it "i/ m - A yk, ,s ',Mk .-s. i:E.,yr / . ,) : : . 4/ # ,,„. illi 1r %, ----:77 /I' .,s• :---• .- - '-%. -.,' 4,1% % 1,----`, 4 ,, ' '1 ''' ' \ i . ''1/4...•)i;, /4 ikii. N V o J a Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 9 Proposed Lighting Plan - � ss Ci i� • 19 # Y DRIVE • r '. E :• N €Al .r 2 S! .� _' s y e 1 ... - i* --- --: N.,_-:,t,.=- ,-.-___...,,i4t, ,,,,„_.,:,::,-.__ „ ,1 t .!!-,-- z,_i_i7 '.. . 1.4i72-,,,,-,.:1.,::'--::-11 .0,1/4„,;r„,':In,,,,,,',.-. •{ 'idkilnc5 a C r I . l \i "- ilk 'So h e co N N ' 0 t' - Cl) o a U I , Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 10 Site Photos • • Y-RG. r �a , ' r .j; ;`4 . c. ti< r =wr.. - 1 - Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 11 ''}� Site Photos . r . • '-,, r OW eV"? • ; - K Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME Franklin Johnston Group Management&Development,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 • • 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 i FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Ptannin:a Commission and City Council meetinn that pertains to the ai:.lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANCES AS OF DATE: I.1.0-0 44e- REVISIONS SUBMITTED DATE' Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 13 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Please see attached. If an LLC, list all member's names: Please see attached. 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) Please see attached. 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:Security Storage&Van Company of Norfolk,Virginia,Inc. If an LLC, list the member's names:N/A Page 2 of 7 Franklin Johnston Group Management& Development, LLC Agenda Item 4 Page 14 Disclosure Statement tfry.� 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) N/A "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 15 Disclosure Statement 1/B. APPLICANT Virginia Beach YES NO r SERVICE I PROVIDER(use additional sheets if needed) nZ Accounting and/or preparer of 1 your tax return Architect/Landscape Architect/ Cox,Kliewer&Company,P.C. Land Planner Contract Purchaser(if other than riF. the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) CX Construction Contractors X Engineers/Surveyors/Agents Timmons Groups Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Troutman Sanders LLP Real Estate Brokers / Colliers International Virginia,LLC X n Agents/Realtors for current and anticipated future sales of the subject ro erty 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 u 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 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 16 Disclosure Statement Virginia Beach ausesErimm 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. m.Sc -4, --,hxl 10/30/19 APPLICA T'S 5 GN TORE PRINT NAME DATE I Page 5 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 17 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) El E Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C a purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n n Construction Contractors X Engineers/Surveyors/Agents Financing(include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services The Jones Firm,PLC Real Estate Brokers/ Colliers International Virginia,LLC nAgents/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? N/A Page 6 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 18 • Disclosure Statement 11/4B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. •I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A lic tion. • ..418 V ? 4P>A4dfra.... /o/so/q _ R OWNER'S I ATURE PRINT NAME DATE i • Page 7 of 7 Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Franklin Johnston Group Management & Development, LLC Agenda Item 4 Page 20 Item #4 Franklin Johnston Group Management& Development, LLC Conditional Rezoning(I-1 Light Industrial District to Conditional A-36 Apartment District) 4545 South Boulevard January 8, 2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:Madam Chair our next item of business is item number 4, Franklin Johnston Group Management & Development, LLC, which is an application for conditional rezoning I-1 light industrial district to conditional A-36 Apartment District on property located at 4545 South Boulevard located in the Roosevelt District. Mr. Beaman: Madam Chair, members of the Commission for the record, my name is Rob Beaman, I'm a local land use attorney with the law firm Troutman Sanders here today on behalf of the applicant. It came to our attention during the informal session that there was a letter of opposition that was submitted to the planning department. I think there were two main issues that were discussed in that letter, one of which is stormwater and the other of which is traffic. With respect to traffic, I believe Mr. Lowman covered that in the informal that this right-of-way is well below current capacity and will remain below capacity when this development is completed. Additionally with respect to stormwater,as Mr. Redmond noted this will be the first time that this project has been submitted to a stormwater review by the city in the state and as a result of this project, the stormwater runoff will be reduced by about 20%, which is what I understand from our engineer. So, I think we're going to actually make both of these conditions better and with that, I respectfully request your approval of this project. Thank you very much. Ms. Oliver: Thank you. Ms. Sandloop:We have one speaker today. Chris Tipil. Ms. Oliver: Welcome. Mr. Tipil: My name is Chris Tipil and I'm here as a property manager and the owner's representative of 4525 South Boulevard, the South port building and 4455 South Boulevard, the Prison Plaza building. We are opposed to the zoning change for several reasons, but the two major ones are flooding. There are already existing flooding issues directly on South Boulevard by the property in question, in front of 4560 South Boulevard, the South Gate Center even with moderate rain, it already floods becomes impassible. There are times where cars have to cut through the parking lot of 4560 just to get through that street. It was moderately flooded 1 yesterday during the rain that we had. And second was the traffic on South Boulevard where South Boulevard meets Independence, it is right turn only. There are many times during the day we have to wait for several light cycles just to get on Independence Boulevard. The other option if you want to make a left on Independence was either cut through the Independence Business Center, or Edwin Drive again several light cycles and many times during the day, especially during rush hour are needed to exit. There are days where it's four and five light cycles during rush hour. You have to wait for the light to get out of there. But our main concern is the flooding in the area. It has been a problem for many, many years. We don't see this project or this change in zoning,making it any better. It can only make it worse. Thank you. Ms. Oliver: Thank you. You would like to speak on that in a little more depth. Mr. Beaman: Yes, man. Just one more thing to add on the stormwater, we will also be installing curb and guttering along South Boulevard which should also help ameliorate any flooding issues within the right-of-way. Thank you. Ms. Oliver: Great, thank you. Does anybody have any questions? Thank you very much. Ms. Beaman: Thank you. Ms. Oliver: Any more speakers? Ms. Sandloop:No. Ms. Oliver: We are gonna close the hearing now and just open it up amongst the commissioners. Anybody have anything? Mr. Wall: I'll say few things. Yeah, I'm in favor of the project. It's expected that the flooding will be looked at and scrutinized very, very closely with the Development Services Center. So it's, you know, I feel that that will be addressed and that it will not be at least a minimum exacerbated by the new development. As for the traffic, I'm sure that you will generate additional traffic, you know, but it was fairly well addressed by traffic engineering in the informal and that, I think South Boulevard was the collector and with connecting to the major primary roadways and being at Independence, you know, adjacent to it and then the right onto 264. So I can't see where it's not going to generate more traffic, I mean that's certainly will be the case. And it's expected that the drainage will be addressed. So I'm in favor of the project. Ms. Oliver: Great, yes. Mr. Redmond:I agree with Jack. I mean, the stormwater is, I mean, there's opinions and there's facts and when you add stormwater control facilities to properties that don't have 2 them, flooding gets better. And with regard to traffic, you have to go there, South Boulevard is not busy by any kind of standard. If you travel up and down South Boulevard,there just aren't a lot of cars on it. And I do, I have no doubt that at peak travel times at 4:45 or 5:15, you might wait more than one light cycle, you will at any intersection in the city because it's 5 o'clock. That's just the way the world works. So I don't really find that to be, I don't find that to be something that really animates me on this. This is a really attractive building. It's a very appropriate use, I think for this piece of property. It is no, you know, it's not the prom queen today and in its place, I think is going to be a very attractive, very high quality residence for people who are probably going to enjoy the amenities that they have including the YMCA, and the park and the proximity to Town Center and all of the things at this part of the city offer so I think it has a benefit and I look forward to supporting it and so I do agree with Mr. Wall, thank you. Ms. Oliver: Thank you. Yes. Mr. Graham: I agree as well and I will be supporting it. This is a property that is very, very visible from the interstate when you're coming into Virginia Beach. And I think this is a great, great reuse of this property, it's going to be attractive. It's going to provide, you know, people that can shop at Town Center. People that hopefully, you know,work in the Town Center will have a place to live,you know,potentially could work at the office building across the street, but I think this is a great reuse. I think it's very attractive and I'll be supporting it. Ms. Oliver: Great, anybody else? Can I have a motion? Mr. Wall: Madam Chair, I would make a motion that we approve agenda item number four. Mr. Redmond:I second. Ms. Oliver: All right. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number 4 has been approved. Our next item of business is agenda item number eight, 7-Eleven Incorporated, an application for a conditional use permit automobile service station on property located at 2205 Princess Anne Road located in the Princess Anne District. 3 AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance,has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "SOUTH BLVD SITE—Conceptual Layout", dated October 24, 2019, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "South Blvd.", and dated October 25, 2019 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "SOUTH BLVD SITE— Conceptual Landscape Plan", and dated October 24, 2019 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City 4 Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred sixty (160). Proffer 5: The community identification sign shall be a monument-style sign not exceeding eight (8) feet in height and the design and the materials used for the sign will be compatible with the building materials and Elevations submitted with this application. Proffer 6: The community clubhouse for this development shall be located substantially where shown on the "Concept Plan". The community clubhouse will be a two-story building and the design and building materials will be compatible with the building materials and design of the building Elevations submitted with this application. The final elevations of the community clubhouse will be subject to approval of the Planning Director. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 5 Troutman Sanders LLPii 222 Central Park Avenue, Suite 2000 tIOUtt an Virginia Beach,Virginia 23462 sanders troutman.com R.J. Nutter II rj.nutter@troutman.com February 5, 2020 VIA EMAIL Hoa Dao City of Virginia Beach Planning Department 2875 Sabre Street Suite 500 Virginia Beach, VA 23452 RE: Conditional Rezoning Application of Franklin Johnston Group Dear Hoa: Our firm represents the Franklin Johnston Group in connection with it's Conditional Rezoning Application scheduled to be heard by the Virginia Beach City Council on Tuesday, February 18th. This is to request that the application be deferred to Tuesday, March 17th, 2020 at 6 pm. Thank you for your kind consideration in this matter. I am... Vry truly,yo rs, (i.J. erII cc: Councirman Michael Berlucci Taylor Franklin James Noel GINu''BFA ,,, ,,., , ....„...),,..„. ., _ 0 ,,_, __,_ f_ , ..,.,. „ .,.. CITY OF VIRGINIA BEACH - - - • INTER-OFFICE CORRESPONDENCE U _`f r ? 5 S Op OUR NAt,ON In Reply Refer To Our File No. DF-103914 DATE: February 7, 2020 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsor DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 18, 2020. I have reviewed the subject proffer agreement, dated October 30, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Prepared by ANIMONIM: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this , day of 0 C+0 , 201q, by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); SECURITY STORAGE & VAN COMPANY OF NORFOLK, VIRGINIA, INC., a Virginia corporation ("Security Storage", and to be indexed as grantor) (FJG and Security Storage hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Security Storage is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GAIN 1477-51-7149-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, FJG is the current contract purchaser of the Property; and WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from I-1 to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and ' WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-36 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN: 1477-51-7149-0000 40321242v3 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "SOUTH BLVD SITE—Conceptual Layout", dated October 24, 2019, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "South Blvd.", and dated October 25, 2019 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 3. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "SOUTH BLVD SITE — Conceptual Landscape Plan", and dated October 24, 2019 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping may vary 40321242v3 2 Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 4. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred sixty(160). 5. The community identification sign shall be a monument-style sign not exceeding eight (8) feet in height and the design and the materials used for the sign will be compatible with the building materials and Elevations submitted with this application. 6. The community clubhouse for this development shall be located substantially where shown on the "Concept Plan". The community clubhouse will be a three-story building and the design and building materials will be compatible with the building materials and design of the building Elevations submitted with this application. The final elevations of the community clubhouse will be subject to approval of the Planning Director. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 40321242 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT,LLC, a Virginia limited liability company By. Name: h M. Scve• t-rr Title: ,�cA_q�r STATE/COMMONWEALTH OF y9 CITY/COUNTY OF r,c %e' , to-wit: The foregoing instrument was sworn to and acknowledged before me this ? day of 1)r+pher , 201 f, by i\\ow,a. rv,5drinsbn , in his capacity as Manager of Franklin Johnston Group Management & Development, LLC, a Virginia limited liability company. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this le day of Oce-r bp-, 20.0. Notary Public (SEAL) My Commission Expires: pi /3 X /c2023 Kayla Maria Ferdiani Registration Number: I-Is-wigq Notary Public,Commonwealth of Virginia Reg. No.7824445 My Commission Expires 01/31/2023 40321242v3 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SECURITY STORAGE & VAN COMPANY OF NORFOLK, VIRGINIA, INC., a Virginia corporation By: i4 frLaO Name: /f.,vq ' -PiNaJA`G Title: f .�sipE,vr STATE/COMMONWEALTH OF Virginia CITY/COUNTY OF Norfolk ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 30th day of October , 2019, by Henry P, Aspinwall , as President of Security Storage & Van Company of Norfolk, Virginia, Inc., a Virginia corporation. S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 30th day of 0r tnhPr , 20 19 s... `` ... `` SS" otary Public 4 .*.k:k1'4 i:.,•• qs '�, NoTARY PUBUC �tn My Commission Expires: January 31,9022 6.# 7010303 my GOIMISON Registration Number: 7010303 ors •.�o Jan.31.son %mass- 40321242v3 5 EXHIBIT A Legal Description That certain property located in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point on the southern right of way line of Bonney Road, Virginia Route 646, where intersected by the western line of that certain tract or parcel of land designated "Area - 4.898 acres" as shown on a certain plat entitled "Plat to property of Max H. Sears, Kempsville Borough, Virginia Beach, Virginia to be conveyed to M. F. Aspinwall, J. C. Aspinwall, Jr., and V. T. Elliott," dated May 26, 1967, and made by Baldwin and Gregg, Civil Engineers and Surveyors,Norfolk,Virginia, which said plat is attached hereto and made a part hereof, thence in a northeasterly direction along the southern right of way line of said Bonney Road on a curve to the left with a radius of 1125.48 feet a distance of 279.09 feet to a pin; thence north 66° 40' 11" east 204.68 feet to a pin; thence south 89° 56' 03" east 117.71 feet to a pin; thence south 80° 09' 07" east 150 feet to a point: thence south 27° 56' 46" west 666.22 feet to a point; thence north 42° 48' 01" west 584.08 feet to the point of beginning. 40321242v3 6 ',...../ . ' ,,,,® b c-C A. NY . N f . 1; C /i . ,,,,,•• •.(> 0.,-., 4.,,,...) /. : co .4-- LLLfff G ) i --, \,, t f G f ,, ' 1 N ,e(S . 8. CD _Alar \'': \\‘'. ' I:\ P ' ; <:::\i (Vi/ / Ti, ', L, Ti: 3 0 . . ) '',, \".,::...,, / Vv.' \ i el N 0 qtr '---._:., ,4" ''.'' . ./\> --... _,---u N._. .6* .0. ;::.f ./ ''-'- ,, \ Oe / ,I3 \ N "Cr/174NN‘ ''''.5NN"."----.„.....„.„, .1, a) JD , TA 1 / 15 CI C O 4L1 -I ;: t / -CM J a) t' �O k% t: get 4 `4 ./ tt`w , -, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: VILLAGE CHURCH [Applicant & Owner] Modification of Conditions (Religious Use) on property located at 4013 Indian River Road (GPINs 1474623633, 1474624663), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 18, 2020 • Background: In 2011, the Village Church was granted an approval by City Council to locate a temporary mobile classroom unit behind the sanctuary for a period of five years. The applicant is now requesting a Modification of Conditions to extend the time for an additional five years, and to build a ramp to the mobile unit for improved accessibility. The mobile unit is used to support the Day Watch Program, which provides academic support for African American students suspended from school and that may be at risk for poor performance in the Virginia Beach Public School system. The program provides services to students from Salem Middle School, Kempsville Middle School, Brandon Middle School and Larkspur Middle School. • Considerations: The proposed request to extend the use of the mobile classroom unit is acceptable. The applicant is encouraged to pursue a permanent structure, as this is the second extension requested by the church. The church intends to continue fundraising for additional improvements to the main church building which include new classrooms. The recommended conditions address the aging mobile structure to include the repair or replacment of the foundation skirt. 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 site shall be in substantial conformance with the concept layout exhibit on page 5 of this report which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Village Church Page 2 of 2 2. The mobile unit shall not be moved from its current location. 3. The foundation skirt shall be repaired or replaced around the perimeter of the mobile unit within 60 days of the approval by City Council. 4. The row of shrubs shall be maintained between the mobile unit and the northwestern property line as depicted in the concept layout exhibit on page 5 of this report. 5. The mobile unit shall be limited to a five year time frame from the date of City Council action. After such time, the mobile unit must be removed from the property. 6. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ? 7 City Manager: ll.- Applicant & Owner Village Church Agenda Item Public Hearing January 8, 2020 City Council Election District Princess Anne r City of Virginia Beach Request Modification of Conditions (Religious Use) t Staff Recommendation Approval pm‘ mr4priopp Staff Planner =:we_ Jonathan Sanders Location 4013 Indian River Road GPINs 1474623633, 1474624663 Site Size 3.54 acres \ / AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ak Church/R-15 Residential 1§10 Surrounding Land Uses and Zoning Districts 4 � North } .. ; - Indian River Road Single-family dwellings / R-15 Residential 14,4r: a South ' ' 'r Wetlands/ R-15 Residential ,, , ^' J 4 4 '. A� East .t 4 , . Single-family dwellings / R-15 Residential b West Single-family dwellings/R-10 Residential is Y Village Church Agenda Item 1 Page 1 Background and Summary of Proposal • The original Conditional Use Permit for a Religious Use on this 3.54-acre property zoned R-15 Residential District was approved by City Council in 2003 and modified in 2005. In 2011,the church was granted an approval by City Council to locate a temporary mobile unit behind the sanctuary for a period of five years. • The applicant is seeking to build a ramp to the mobile unit for accessibility, but the 2011 Conditional Use Permit that permitted the mobile unit on the property has expired. Therefore,the applicant requests to modify the Conditional Use Permit to allow the mobile unit to remain on the site for five additional years and to construct the handicap ramp. • The mobile unit is used to support the Day Watch Program,which provides academic support for African American male students suspended from school that may be at risk for poor performance in the Virginia Beach Public School system. The program provides services to students from Salem Middle School, Kempsville Middle School, Brandon Middle School and Larkspur Middle School. • The mobile unit is occupied by up to 15 individuals at one time, including teachers. It is used Monday through Friday from 8:00 a.m.to 3:30 p.m. during the school term. The church uses the mobile unit on Sundays for religious education classes. Zoning History � St Request 1 CRZ(R-15 to R-10)Approved 05/27/2008 er 2 MOD(Church)Approved 12/06/2011 �'� R.ts MOD(Church)Approved 09/27/2005 CUP(Church)Approved 09/23/2003 N / Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed modification to extend the use of the mobile unit for five additional years and to construct a handicap ramp is acceptable. However,a permanent structure should be pursued for the church's space needs. The church is still fundraising for additional improvements to the main church building which include new classrooms,a fellowship hall, additional office space and a library. Staff has recommended a condition to limit the extension for keeping the mobile unit on the site for five years. On a visit to the site, Staff noticed that the skirt on the mobile unit is in disrepair. A condition is recommended that the existing skirt be repaired or replaced within 60 days of City Council action on this application. Village Church Agenda Item 1 Page 2 Staff recommends approval of this requested modification, as conditioned below. Recommended Conditions All conditions of the Conditional Use Permit for a Religious Use dated September 23, 2003,as modified in 2005 and 2011,are null and void and are replaced with the following. 1. The site shall be in substantial conformance with the concept layout exhibit on page 5 of this report which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The mobile unit shall not be moved from its current location. 3. The foundation skirt shall be repaired or replaced around the perimeter of the mobile unit within 60 days of the approval by City Council. 4. The row of shrubs shall be maintained between the mobile unit and the northwestern property line as depicted in the concept layout exhibit on page 5 of this report. 5. The mobile unit shall be limited to a five year time frame from the date of City Council action.After such time,the mobile unit must be removed from the property. 6. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as 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. Village Church Agenda Item 1 Page 3 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 8,800 ADT1 12,500 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 services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29, 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 December 20, 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 January 2, 2019. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 2, 2020, and February 9, 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 February 3, 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 February 14, 2020. Village Church Agenda Item 1 Page 4 Proposed Site Layout sfi �rT-R as — ;I 40673 or rtsx-Y• i. � /1cl iner � teuss '� �, �� U •--- �_ — I J.� 1 Y I 1 \ j (N,/a _i yi 1 OVO 83A18 t t e� 11 Rte te 1 II ' 0 , a 11 � 1 p / 2s.s• - ;P �.• 0 6 ] p ilh 3 'l 1. 1 ^!JCS 51 1 T 4 C p ppI _ Tri 1 $ ®IZ g ! I I II i ii . ' ' f / 'f d' .4- 1L W �Rs 4 .cm ,8 °' 1 °7 a)JD C a 1'I I . 0 ! �i ! f It.- 1 � .S_ L `e i i ° V F= o C 1 e°„a,` A 1 1 r - . I . -oF, Fr, Ei i 1 M E0.r' iS v 1 o — t p , '' • 1 I . ' , 0ti $ • I 1 1g I Village Church Agenda Item 1 Page 5 Proposed Ramp Elevation & Plan INAAMJNr LI �R :�—Ilfll�1-1-1�ii' I' I1• �I IIIIIillllllllllllllllilll !!=� OAS, 1,=IirwgiUmt .III!!!Illllllllllllllllj�1. _IIIIILII �l �_. _. . I 11 G Ali 11 1 I I II k �; _— as NW RAN yin' ..rYr.rs Village Church Agenda Item 1 Page 6 Site Photos „7.--..,,,;., 4.to ;-! .- =_ - - - — w v ,/ #,. - Yk t- , I f F.: er .. i 3 t. . . e 4 ''1.Itt. 'e'.. SA,:.. Village Church Agenda Item 1 Page 7 Site Photos n 1 ;.71/1/ :- �" T ..-.. z .tea. ,,.� .. 4aat ems{ f � StrrP thr,. +.. „#. ,. . . , . via „.„,:. .,_,..„_, NI . ..., _ , ` ,.m a _'IX'W.i.` .4rt '::..V '•. ' a''k t._ ` 1ZW`"1:-- �kA . `{t% t ' .,r t r' Fti S ♦,as pr cam 1Aj , Village Church Agenda Item 1 Page 8 Disclosure Statement • APPLICANT'S NAME Village Church 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 f k- --_:mated two OF weeks prior to any Page 1 of 7 r], APPLICANT NOTIFIED OF ,,,{f ,�✓f NQCHANGESASOF DA'; 3/S]2o2c c)S JClr1G1 04., S.,-nOer- O REVISIONS SUBMITTED DATE 1 Village Church Agenda Item 1 Page 9 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:Village Church 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) Wayne Andrews, Laurice Yarn, Valerie Matthews, Joyce Leach, Ralph Wormley & Frankie Copeland (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) • See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Village Church Agenda Item 1 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Wayne Andrews, Laurice Yarn, Samuel Simmons,Valerie Matthews,Joyce Leach, and Ralph Wormley (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 Village Church Agenda Item 1 Page 11 Disclosure Statement "VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) a Accounting and/or preparer of your tax return L Xx Architect/Landscape Architect/ TBD Land Planner Li 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) 154 Construction Contractors TBD ® ❑ Engineers/Surveyors/Agents Hunt Club Consulting 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 z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Village Church Agenda Item 1 Page 12 Disclosure Statement NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 4d714 —..__ Ralph Wormley 10/18/201 - APPLI NT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Village Church 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. Village Church Agenda Item 1 Page 14 Item#1 Village Church Modification of Conditions (Religious Use) 4013 Indian River Road January 8, 2020 RECOMMENDED FOR APPROVAL—CONSENT Mr. Weiner: Thank you sir. Mr. Weiner: Thank you Madam Chair. We have 19 items on the consent agenda today. The first item is item one Village Church, an application for a Modification of Conditions for Religious Use on 4013 Indian River Road, Princess Anne District. Do we have a representative for this item,please come forward. State your name for the record,please. Mr. Wormley: Yes. Good afternoon, Madam Chair and Commissioners. My name is Ralph Wormley, trustee with Village Church and we do agree with the conditions. Mr. Weiner: Great. Thank you, sir. Does anybody have any opposition with this being placed on the consent agenda? Hearing none, Mr. Barnes has been asked to read this into the record, please. Mr.Barnes: Thank you sir. This proposed modification to extend the use of a mobile unit for five additional years and to construct a handicap ramp is acceptable; however, a permanent structure should be pursued by the church's space needs. The church is still fundraising for additional improvements to the main church building which includes new classrooms, the fellowship hall,additional office space and library. Staff has recommended a condition to limit the extension for keeping the mobile unit site for five years. There are six conditions with this application that the Staff has recommended. Mr. Weiner: Thank you. Okay, the next items on the consent agenda are for 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. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22,23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21,22, 23,24, 25,and 26. Mr.Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr.Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divaris Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company 1 where I work, our principals in Town Center Associates. I don't believe very frankly that it affects me in any way. I've never earned a nickel from the Town Center,but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms.Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Ms. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS All conditions of the Conditional Use Permit for a Religious Use dated September 23, 2003,as modified in 2005 and 2011, are null and void and are replaced with the following. 1. The site shall be in substantial conformance with the concept layout exhibit on page 5 of this report which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The mobile unit shall not be moved from its current location. 2 3. The foundation skirt shall be repaired or replaced around the perimeter of the mobile unit within 60 days of the approval by City Council. 4. The row of shrubs shall be maintained between the mobile unit and the northwestern property line as depicted in the concept layout exhibit on page 5 of this report. 5. The mobile unit shall be limited to a five year time frame from the date of City Council action. After such time,the mobile unit must be removed from the property. 6. The applicant/owner shall resubdivide the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. 3 ii - y I° �A �- , ; r f. _ !i - , r CIIIP ilr(2' /- / Alf/f 9,A, :.;,J. <_ / `&,,,if 1 • ,-•— .---1 Li i 'lj 'i '..--'72'. I I — ' '-' i ,,[1.4 _,- . ___,-, , , .hr___ ____.__,: . i _ J._, it...,/ :;„ ,„Alezei.,,,,,,.../:3 ,\, ,,„,,_:. .0. .A1 , , ., _______ ,, ,__. • /.,,,,,-___ , , ,,_ . ,,,.. .....; •• .4, .,. ./ , i , . .ii,„ ., , , ,,,,,,, 7,,,,,,,,,, ,._ .. , \ .,• ---, - - -, „. ...,, , / - , ,,, A--A-i--,-, -- _ ,,,:l., i'400-- 44010, A,--- ,,,, /.0,-" - ' ---- _.' = Jr ,T.,„„.„...„ , _• (-N.!' 41.0,1;" ' %, A-9 / 7441.i/ „. ,, R-3g_"T---7-------- ::),,etelv / ,e' c ... ,r ;,:d.'',:..7 \-..,\,,,,__\_,...._',::<--) -.- )) alb ' \ ---- 7 — . /5„, .. ____ ._- N $ p�`Y�' p ,art'., �� 12 z„.. 1 ,, : At J., f".0V1, ,,>,\-\/ .e\,", ..c,c--/.,, t fg,', ,._''-7''),J-5 0 . t T If R- °_ LL {� ' \ � f� ( lti S I� _ :: q1 : James P.Wootton 1732 Lovetts Pond Lane t�w.v.N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES P. WOOTTON [Applicant & Owner] Modification of Conditions (Community Boat Dock) on property located at 1732 Lovetts Pond Lane (GPIN 14997671071520), COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: February 18, 2020 • Background: The applicant requests a Modification of Conditions to a Conditional Use Permit for a Community Boat Dock approved by the City Council in 2009. The modification will permit extensions to the existing piers, construction of a new pier, and installation of new boat lifts. The boat dock is shared between two adjacent property owners within the Green Hill on the Bay community, and is entirely located on one of the unit owner's property. • Considerations: The pier will be used by the applicant and the adjacent neighbor to accomodate additional watercraft owned by the two property owners. It is not anticipated that the proposed additions will have any negative impact on the neighborhood. The applicant has submitted a Joint Permit Application (JPA) that will include review and approval by not only City Staff, but also the United States Army Corps of Engineers and the Virginia Marine Resources Commission prior to the issuance of a permit. There is no known opposition to this application. Further details pertaining to the request, as well as Staffs 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. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Additions, Boat Lifts and Float Relocation at 1732 Lovetts Pond Lane", prepared by Waterfront Consulting, Inc., dated August 9, 2018 or as modified by the JPA Permit. James P. Wootton Page 2 of 2 3. No commercial use of the dock shall be permitted. • 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, NB Applicant and Owner James P. Wootton Agenda Item Public Hearing January 8, 2020 City Council Election District Lynnhaven 7 Virginia Beach Request Modification of Conditions (Community Boat Dock) Staff Recommendation 't. a �`P�d 3 Approval °A pp wad em"d T m Staff Planner Whitney McNamara Thomas Bishop lane Location 1732 Lovetts Pond Lane GPIN 14997671071520 •� 1` u c 'o �Q,e Site Size f2. �° r .. �� Total condo site: 21.5 acres ¢`Fyc,a cp a AICUZ a'tiP 0 (4 Less than 65 dB DNLge Watershed Chesapeake Bay Existing Land Use and Zoning District ` " e M Single-family dwelling/ R-30 Residential , 3 er �� s ,, " '' K, ,,,,,,,,,, l ys'k �► ,ram`} �L^ ®J' Nel Surrounding Land Uses and Zoning Districts .' :, .' ° ' `." t `iv'� � North ; 4°� � *t Broad Bay �:: *�" . .• ,� ' , �;, South �, „er. ,, '� .. ,y -� " ` e Single-family dwellings/ R-20 Residential . E " East `. + ` • ,3 Single-family dwellings/ R-30 Residential West • . Single-family dwellings/ R-30 Residential �. yE James P. Wootton Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant requests a modification of the Conditional Use Permit granted on June 23, 2009 in order to add extensions to the existing piers, construct a new pier, and install new boat lifts. • The boat dock is shared between two adjacent property owners within Green Hill on the Bay, a single-family residential condominium development, but is located on one of the unit owner's property. • Specifically, the applicant proposes to install a new five-foot by 54-foot finger pier; add a four-foot by 12-foot extension to the existing finger pier a 9-foot by five-foot finger pier, and a four-foot by six-foot pier extension; install an eight- pile boat lift, and two, four-pile boat lifts; and relocate the existing floating pier. 11 ` �%,j Zoning History 6\ / # Request R40 44,- f �,, /,,,7 �� =.a//z. 1 CUP(Community Boat Dock)Approved 11/25/2003 '' ,>"1:11.1 ".., CUP(Community Boat Dock) Denied 01/05/1987 �j CUP(20 slip boat marina) Denied 08/02/1982 r" 2 REZ(R-20 to R-15)Approved 10/14/1988 R 1; 1 it R-2Q'. / ft i Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The applicant is proposing to expand the existing pier on the property at 1732 Lovetts Pond Lane.The pier will be used by the applicant and the adjacent neighbor to accomodate additional watercraft owned by the two property owners. It is not anticipated that the proposed additions will have any negative impact on the neighborhood. The applicant has submitted a Joint Permit Application (JPA) and the request is currently under consideration by both the United States Army Corps of Engineers, as well as the Virginia Marine Resources Commission. As such, Staff recommends approval of this request with the conditions below. Recommended Conditions 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Additions, Boat Lifts and Float Relocation at 1732 Lovetts Pond Lane", prepared by Waterfront Consulting, Inc., dated August 9, 2018 or as modified by the JPA Permit. James P. Wootton Agenda Item 7 Page 2 3. No commercial use of the dock shall be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as 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.The property is located in both the AE (8) and X flood zones. As the proposed modifications are water dependent,there does not appear to be any significant natural or cultural impacts associated with the proposed project. Traffic Impacts Access to the boat dock is from private property located on Lovetts Pond Lane. No additional impacts to traffic are anticipated with this request. Public Utility Impacts The site is currently connected to both City water and sanitary sewer service. James P. Wootton Agenda Item 7 Page 3 Public Outreach Information Planning Commission • The applicant and applicant's representative met with the Green Hill on the Bay Condo Association multiple times to discuss the details of the request. A letter of approval was provided to Staff by the condo association as a result of these meetings. • As required by the Zoning Ordinance, the public notice sign was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019 and December 29, 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 December 20, 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 January 2, 2020. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 2, 2020 and February 9, 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 February 3, 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 February 14, 2020 James P. Wootton Agenda Item 7 Page 4 Proposed Site Layout BROAD BAY \ N, ..,„ .,. . .. ..... \- „ --.. ..,.. PROPOSED BOAT LIFT -'‘S PROPOSED BOAT LIFT . ...:ce PROPOSED BOAT LIFT _ 7 PROPOSED 4'x12'PIER ADDITION, ' - 5'x54'FINGER PIER.5'x 9' FINGER L0 PIER.4'x 6'FINGER PIER .. EXTENSION. ONE 8-PILE BOAT LIFT,(2)FOUR PILE BOAT LIFTS, AND RELOCATE EXISTING x,sTiNc r_ Lr Y f,� FLOATING PIER PIER tx lyW CO—APPLICANT UNIT 17 N/F ROBERT T. MARIAN:: -,1 1499-76-7107-1510 KI 0 F I . •y' , • -co . All ' ', ' LOT zz -'` PROPOSED N/F JOSEPH M. DURFRESNE -� `` IMPROVEMENTS 1499-76-7559-0000 k7 ,.f 7 Ix, �, 0 :_, 52 I�4 ..- G?2018 WATERFRONT CONSULTING INC ALL SIGHTS RESERVED. I PURPOSE:BOATING ACCESS PROPOSED:PIER ADDITIONS,BOAT DATUM:MLW 0.0 ' 1'ATERFRONT LIFTS,AND FLOAT RELOCATION A.P.O. CONSULTING,INC. IN.BROAD BAY 1.WILLIAM C.BORKMAN 25tI9CUALITYCOURT,STE 323 AT: 1732 LOVETTS POND LANE 2.JOSEPH M.DURFRESNE V'RGINA 5EACH,VA 23454 VIRGINIA BEACH,VA 23454 3.VIRGINIA H.MEREDITH P�chNE °' a58.ts'CELL It'' 619 r'?Q2 APPLICATION BY:JAMES P. ENGINEERING SERVICES PROVIDED BY: WOOTTON &ROBERT T.MARIANO CHESAPEAKE BAY SITE SOLUTIONS•PIC. SHEET 2 OF 6 REV: 1 2/112 0 1 9 P O.BOX GM VIRGINIA BEACH VA 23456 DATE.AUGUST 9.2018 PHONE.(757)575-3715 James P. Wootton Agenda Item 7 Page 5 Site Photos _ -- -.ti r OIL I L/' ~ s ems= a . iiiiparter , ` James P. Wootton Agenda Item 7 Page 6 Site Photos 4- Asrprw'" )tir f . - . r--- , — - - James P. Wootton Agenda Item 7 Page 7 Disclosure Statement Na3 Virginia Beach APPLICANT'S NAME James P.Wootton DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to ar.y Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DA-I. M NO CHANGES AS OF DA" Zt''.( O (,,)Q.4 w,ttt'S AIQ REVISIONS SUBMITTED Dom- Ese- w ,McNAvvid!Q James P. Wootton Agenda Item 7 Page 8 Disclosure Statement Virginia Beach 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: James P.Wootton 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 footnotest and 2 w.� 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: Green Hill By the Bay Condominium Owner's Association If an LLC, list the member's names:Lane Brown, President Page 2 of 7 James P. Wootton Agenda Item 7 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 James P. Wootton Agenda Item 7 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Tom Cornwell,CPA your tax return ▪ '=' Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than /1 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) 1=1Construction Contractors Project out for bid Engineers/Surveyors/Agents WCI,Chesapeake Bay Site Solutions Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 James P. Wootton Agenda Item 7 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. r -� .James P. Wootton t.1%., APPLICANT SIGNATURE PRINT NAME _-_ I DATE Page 5 of 7 James P. Wootton Agenda Item 7 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. James P. Wootton Agenda Item 7 Page 13 Item#7 James P. Wootton Modification of Conditions 1732 Lovetts Pond January 8, 2020 RECOMMENDED FOR APPROVAL —CONSENT Mr. Weiner: Thank you sir. The next item is item number seven, James P. Wootton. An application for modifications of conditions, a property located on 1732 Lovetts Road, Lynnhaven District. Welcome. Mr. Simon: Good afternoon, Madam Chair,members of the Commission, Robert Simon for the record, Waterfront Consulting here to represent this application. We thank you for your time and consideration and we agree with all the conditions. Mr. Simon: Thank you. Mr. Weiner: Thank you sir. Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Inman has been asked to read this into the record. Mr. Inman: Thank you, Mr. Weiner. This is an application for a modification of conditions for community boat dock. It's located on private property and of course the piers that are into Broad Bay, adjacent to the property at 1732 Lovetts Pond Lane. The applicant is proposing to expand the existing pier on the property and it will be used by the applicant and the adjacent neighbor to accommodate additional watercraft owned by the two property owners. It's not anticipated it will have any negative impact on the neighborhood. The applicant has submitted a joint permit application and the request is currently under consideration by the Virginia Marine Resources Commission and Corps of Engineers. The conditions are that the boat dock revisions and extensions will be substantially constructed and as depicted on a plan submitted with the application by the applicant and there will be also no commercial use of the dock. Having heard these recommendations, the staff approved, we agreed and put on the consent agenda. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24,25, and 26. 1 Mr. Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However,I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divaris Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Ms. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23,24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 2 CONDITIONS 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA)process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled"Proposed Pier Additions, Boat Lifts and Float Relocation at 1732 Lovetts Pond Lane", prepared by Waterfront Consulting, Inc., dated August 9, 2018 or as modified by the JPA Permit. 3. No commercial use of the dock shall be permitted. 3 AG-2 -19 AG-2 Red Head Realty Mill Landing Road I 4:sa,: ., Cr Cy; ( .-a,n tsJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RED HEAD REALTY [Applicant & Owner] Conditional Use Permit (Non- Commercial Marina) on property located on Mill Landing Road, east of Stone Road intersection (GPIN 2410716099), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 18, 2020 • Background: The applicant is a duck hunting and fishing club that has existed since 1925. The property was purchased in 1996 to securily and safely store the club members' boats. The applicant is requesting the Conditional Use Permit to replace the existing boat house which is in poor condition. The boat house is only used by members of the club and their accompanied guests. There is no public use of the boat house. • Considerations: Hunting and fishing clubs have traditionally been located along the waters of Back Bay, and many continue to exist throughout this area of Virginia Beach. The applicant has owned this parcel for over 20 years. In Staff's view, the proposed use is consistent with the Comprehensive Plan's objectives to preserve a traditional, rural way of life in the southern portion of the city. No new environmental impacts are expected as a result of this project. The applicant has submitted a Joint Permit Application that will include review and approval by not only City Staff, but also the United States Army Corps of Engineers and the Virginia Marine Resources Commission prior to the issuance of a permit. 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 . Permits shall be secured from all applicable regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction on the property. 2. The covered boat house shall be substantially constructed as depicted on the plan entitled "Proposed Boat House Plan, Parcel A, Red Head Realty Corp.", Red Head Realty Page 2 of 2 prepared by Gaddy Engineering Services, LLC, dated July 8, 2019 or as modified by the JPA Permit. 3. No commercial use of the boat house/marina shall be permitted. ■ 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 R92 City Manager: / ML_ Applicant and Owner Red Head Realty Agenda Item Public Hearing January 8, 2020 City Council Election District Princess Anne 2 City of N Virginia Beach Request Conditional Use Permit (Non-commercial marina) f Staff Recommendation Approval Staff Planner t Whitney McNamara GPIN :.‘\," 2410716099 Site Size 3,627 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Covered Boat House/AG-2 Agricultural r Surrounding Land Uses and Zoning Districts ;,`; ,le North " Water, wetlands /AG-2 Agricultural '', ,,, E` South a ' #_ Mill Landing Road Single-family dwelling/AG-2 Agricultural i� f` East , Water, wetlands/AG-2 Agricultural ,. / West Single-family dwelling/AG-2 Agricultural ; , ~i: ' J} re Red Head Realty Agenda Item 2 Page 1 • Background and Summary of Proposal • Red Head Realty is comprised of a 12-member duck hunting and fishing club that has existed since 1925.The property was purchased in 1996 to store the club member's boats for safety and security. • The applicant proposes to tear down the existing aging boat house, which is in poor condition, and replace it with a structure both of similar size (1,080 square feet) and material (galvanized metal). There are typically four boats stored in the boat house and one moored to the bulkhead. • The boat house is only used by members of the duck club and their accompanied guests, primarily during hunting season and to perform maintenance on duck blinds. There is no public use of the boat house. • The parcel is a legally platted 3,627 square foot nonconforming lot that is zoned AG-2 Agricultural District.The current minimum lot size requirement for the AG-2 District is one acre (43,560 square feet) for single-family dwellings and three acres for uses other than single-family dwellings. AG-2 rs b jNo Zoning History To Report AG-2 j Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The applicant is requesting to replace an existing, dilapidated boat house that is entirely over the water with a new boat house that will be used by the applicant and their guests for hunting and fishing. Hunting and fishing clubs have traditionally been located along the waters of Back Bay, and many continue to exist throughout this area of Virginia Beach.The hunting and fishing club has owned this parcel for over 20 years. No new environmental impacts are expected as a result of this project.The applicant has submitted a Joint Permit Application that will include review by not only City Staff, but also the United States Army Corps of Engineers and the Virginia Marine Resources Commission. In Staff's view, the proposed use is consistent with the Comprehensive Plan's objectives to preserve a traditional, rural way of life in the southern portion of the city. Staff recommends that the application be approved with the conditions below. Red Head Realty Agenda Item 2 Page 2 • Recommended Conditions 1. Permits shall be secured from all applicable regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction on the property. 2. The covered boat house shall be substantially constructed as depicted on the plan entitled "Proposed Boat House Plan, Parcel A, Red Head Realty Corp.", prepared by Gaddy Engineering Services, LLC, dated July 8, 2019 or as modified by the JPA Permit. 3. No commercial use of the boat house/marina shall be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Rural Area.The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina border. The physical character of this area is low, flat land with wide floodplains and wind driven tides. Within this area is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites.The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. The property is entirely located inside the 50 foot Southern Rivers Buffer area and the Floodplain Subject to Special Restrictions (AE (3)). However, the applicant is proposing to replace an existing covered boat house with a new covered boat house that is entirely located over water. No new environmental impacts are expected as a result of this project. Traffic Impacts The property is located along Mill Landing Road in the Southern part of the city. Because the proposed covered boat house is a replacement of the existing structure, no additional impacts to traffic are anticipated with this request. Red Head Realty Agenda Item 2 Page 3 • • Public Utility Impacts City water and sanitary sewer service is unavailable at this location; however, water and sewer access are not necessary for the proposed use of the property. Public Outreach Information Planning Commission • The applicant's agent reported that they met with the surrounding property owners, and no objections were raised. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019 and December 29, 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 December 20, 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 January 2, 2020. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 2, 2020 and February 9, 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 February 3, 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 February 14, 2020 Red Head Realty Agenda Item 2 Page 4 Proposed Site Layout 3 0�7 PROPOSED CONDITIONS V�f CHANNELWARD ""frCffFic LIMITS OF-} 1.1 1",:: WORK ! _ 1 7 }1 EBB SS4`42'20'•E 74.87'y J \\sot os .PG eer mil NEW BOAT e.? 17 • HOUSE •s u+ SEEDETABS A EWE Eta` �'t $L. 1 { I ____--SHEET PILE 54+04#r G'RAY '2 b 3 S 1� DECK AC ec> in 11 N°11 4 7500. tf.,.. ,.4,,,^Atis R0.40,.,,Aq} :: r.r. Hd EIevat ons shown xe:asec on the NAVD 1988:ar_-i ,I.,NIT;op. .4.409 ltI:HAEL .. AC 1 u. Liu. No. o 040754 K C-27_ • (7e 3-. 2<: 6 DADDY ENGINEERING S ERA CFS.L!. CONTACT. MICHAEL S.GADDY.PE,LS C 2u 40 �C 757-289 5933 50-R N.BIRDNEC<RD.,SUITE C . = ,_ VIRGINIA BEACH VA,23451 Red Head Realty Agenda Item 2 Page 5 Proposed Elevation Plan SHEET PROPOSED PIER PROFILE&DETAILS VMRC 5 OF 7 TBD NOTES: TRl SSE3 . ALL TIMBER MATERIALS USED N 518 THRU BOLT MARINE ENVIRONMENT SHALL BE PRESERVATIVE TREATED rJ (2)2'X 10' '', 4!- .-�` ACCORDANCE WITH AMERICAN WOOD PROTECTION ASSOCIATION(AWPA) GALVANIZED STANDARDS C2 AND C 18 METAL S DING—T- "1 _—, 2. ALL HARDWARE SHALL BE IN =' X 5' ACCORDANCE WITH ASTM A-153 8'X 25'PILES - I JOINTS (SEE PLAN; - EX 2"X 8'CAP DECKNG GRADE - , „ �rxio- r aRDERs t Yti•r.TER r 8'X 25 PILES rDEPTH r (SEE PLAN) SHEET ._ .1 SUBAQUEOUS(-)1.5 PILE I II I rLFx aewF r SECTION S2-S2' NOT TO =CA_E .:.,\-N3:1,' 1 WATER ' r;a NORTH SIDE(WATER) - ..1 HA L ,/. Li '..r" ~-z~s , l1,A 'A LIED03RRUCCATEC� I �c • ': NAL ;y4J_. r ETAL ID?NG r. COOF 38' SOUTH SIDE(ROAD) 6 BOAT HOUSE VIEW GADDY NOT TO SCALE EWCANEERIV3 SERVICES.LLC CONTACT. MICHAEL S.GADDY.PE.LS 757-289-5933 508 N.BIRDNECK RD.,SUITE D VIRGINIA BEACH.VA,2345* Red Head Realty Agenda Item 2 Page 6 Site Photos 9" ;, ...r o -r ami r f. — t *, . ,. ..- �t r .. Fes, , 4:: .,. ..:61,. 0.eirs.....,.,: , , ...‘, ,..:, , si:::.?.?...:.e.6::r.1., 0#ab,,i..At:;11 ,,,,er,170....:4,,,2-3,...-.....:: -.- a I: it Red Head Realty Agenda Item 2 Page 7 Site Photos y 44. - x __ y44 4,4', 3 r Red Head Realty Agenda Item 2 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Re /1-/eN .6AI , t- y 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. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin9Com,mission and City Council meetino that pertains to the applications APPLICANT NOTIFIED OF HEARING DPl E. ig NO CHANGES AS OF DATE 2«v, ia•(.rto.oFelk.Q, REVISIONS SUBMITTED DATE: : Fay_ $),AAct,LAINA;out Red Head Realty Agenda Item 2 Page 9 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: �lct2Ef�"►2t2 +sl1 _ 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) .err'-q (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) ,Voiv6 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. Ei 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: 2c0 Ajerwto /1-6-4-477 If an LLC, list the member's names: Page 2 of 7 Red Head Realty Agenda Item 2 Page 10 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) "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 Red Head Realty Agenda Item 2 Page 11 Disclosure Statement VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) LEI Accounting and/or preparer of t� �J 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 n n purchaser of the subject property L i L�1 (identify purchaser(s)and purchaser's service providers) O I N Construction Contractors Engineers/Surveyors/Agents � DO/ ,Su.>. .,5 Sue"✓ifz e.t_` Jam' 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 / n n Agents/Realtors for current and anticipated future sales of the subject property - k SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 171❑ 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 Red Head Realty Agenda Item 2 Page 12 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. 7-fie Alb//t9flrcrt A PLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Red Head Realty Agenda Item 2 Page 13 Disclosure Statement Ship Cabin Club 2019 / Red Head Reality Inc Bill Tynes Shep Miller Charlie Oldfield John Herd-secretary John Hitch Nash Francis Jeff Gervickes-president Mike Megge—vice-president Wills Miller Dave Olszowy-treasurer Jeff Francis Jim Swafford Red Head Realty 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. Red Head Realty Agenda Item 2 Page 15 Item #2 Red Head Realty Conditional Use Permit(Noncommercial Marina) GPIN 2410716099 January 8, 2020 RECOMMENDED FOR APPROVAL —CONSENT Mr. Weiner: Thank you sir. Next is item number two, Red Head Realty, an application for conditional use permit for non-commercial Marina in the Princess Anne District, do we have a representative? Mr. Megge: Madam Chair, commissioners, I'd like to thank you for your time and service to the city, and we greatly appreciate you placing our application on the consent agenda. Thank you. Mr. Weiner: Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Barnes gets to do this one. Mr. Barnes: Yes sir. Thank you. This is a modification or a reconstruction of dilapidated boathouse;it has been in this location for probably 100 years. So they use it as a hunting and fishing club and have only for that and have for years. And there's no environmental impact that has been seen. So the staff recommends approval of this. I think there are three recommended conditions on this also. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay, the next items on the consent agenda are for short term rental. The planning commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1,2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22,23,24, 25, and 26. Mr. Redmond: Madam Chair? Ms. Oliver: Yes sir. Mr. Redmond: I'm going to support the all of these on consent. However, I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate,Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center, but for purposes of appearance, I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? 1 Ms. Wilson: Yes sir. Mr. Redmond: Okay. Thank you. Mr. Horsley: I second. Ms. Sandloop: The vote is open. By recorded vote of 9-0,agenda items one,two,five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23,24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing on the City Council agenda. And so if you don't have any further business,if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk,please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE CONDITIONS 1. Permits shall be secured from all applicable regulatory agencies through the Joint Permit Application (JPA)process prior to any development or construction on the property. 2. The covered boat house shall be substantially constructed as depicted on the plan entitled "Proposed Boat House Plan, Parcel A, Red Head Realty Corp.", prepared by Gaddy Engineering Services, LLC, dated July 8, 2019 or as modified by the JPA Permit. 3. No commercial use of the boat house/marina shall be permitted. 2 ,u--_.1,----- ,_,--7,.;„eu :1-1_,J. ti 1.- V1 12. IL 41:::? a aFtv it vs ---:-.--------, -, ` .1 c, " stri a r�� I_ — --r- 15 "-� _- t"' � _7 i-- - - _ - tL o :T -ter-- ri =�� - I co r fi ti ' al,r, s co - CI ' 'ci. 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I4�Na+u ;�, `i ,tea CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FERGUSON WEDDING COMPANY, LLC [Applicant] LONG BAY POINT PARTNERS, LLC [Property Owner] Conditional Use Permit (Assembly Use) on property located at 2105 West Great Neck Road (GPIN 1499382174). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: February 18, 2020 • Background: The applicant is requesting a Conditional Use Permit for an Assembly Use to operate a banquet hall within a 3,000 square foot unit that was formerly a restaurant. Specifically, the applicant will host local charter meetings, professional social gatherings, company trainings, vow renewals, weddings, birthday parties, fundraisers, and charity events. The maximum number of guests is anticipated at 150 people; however, the maximum occupant load will ultimately be determined by the Building Official & Fire Marshal's Office. Food for the events will be prepared on site. There will be no amplified music or use of speakers outside of the building, and all events will end by midnight. There will be no significant modifications to the site or to the exterior of the building, other than signage. On- site parking exceeds code requirements. • Considerations: The proposed Conditional Use Permit is acceptable given that the use will be compatible with the other commercial uses along this section of W. Great Neck Road. On-site parking is satisfied and additional off-site parking spaces are available via shared parking agreements with surrounding property owners. To ensure that residential dwellings in the immediate vicinity are not negatively impacted, conditions are recommended that address music, monitors and lighting. 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 Assembly Use 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. Ferguson Wedding Company, LLC Page 2 of 3 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 3. The maximum number of individuals within the facility shall not exceed 150 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 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. 5. 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. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 8. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size, and scope of activities. 9. No amplification of music or use of speakers shall be permitted except within the main enclosed building. 10.Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. Ferguson Wedding Company, LLC Page 3 of 3 ■ 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: / „Ai Aat Agenda Item Propertypplic n Owner Ferguson Long BayWedding Point Partners Company, LLC , LLC 6 Public Hearing January 8, 2020 rn\fli $ City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit(Assembly Use) 9,0°caw' Staff Recommendation a a. Approval I € i• %I N % I t I }-\ % I t xt t, . Staff Planner �o,,. „„,1 ti i % 0. Marchelle Coleman i ` Sw°m.*wen ROW w.4 3 Location 4 , I e«^"°0 % Ica °au. °". 2105 West Great Neck Road �.,t „96 1'14"'s * t GPIN Bede Reed I 1 1499382174 i ...As"""d . i Site Size ''`"°'"" ‘.... \ 13.20 acres R''g"E'"+we -'i.-+T.�ao t Less than 65 dB DNL -.\ T... Watershed Chesapeake Bay Existing Land Use and Zoning District Retail, restaurants, commercial marina/B-2 Community Business •-. g • _: r - t • . ' i Surrounding Land Uses and Zoning Districts . " , ik ,,-._ g -;' '_ North '.—Y : '- Buccaneer Road + Single-family dwellings/R-10 Residential(Shore 1""' „et,r'� `. - Drive Corridor Overlay) South 1 ,.. '}- ' • °. ,. <,, . Long Creek& Davis Islandict - , Single-family dwellings/R-30 Residential (Shore ,_ :1•.' i. ' -1.:-- , 6' e Drive Corridor Overlay) East .. _ u ... ik West Great Neck Road Commercial marina, boat sales, boat repair t, - yards/ B-2 Community Business (Shore Drive :g" ' 1 ° Corridor Overlay) 4 '. Mt i, ! t. . West Long Creek Ferguson Wedding Company, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant is proposing to operate a banquet hall within a 3,000 square foot unit in one of the existing buildings on the site. Per the Zoning Ordinance, the banquet hall is considered an Assembly Use and is allowed in the B-2 Zoning District with a Conditional Use Permit, and as such,the applicant is requesting a Conditional Use Permit to operate this business. • Specifically,the applicant proposes to host local charter meetings, professional social gatherings, company trainings, vow renewals, weddings, birthday parties,fundraisers, and charity events. The maximum number of guests is anticipated at 150 people; however,the maximum occupant load will ultimately be determined by the Building Official & Fire Marshal's Office. • The applicant will conduct tours of the facility to potential clients renting the space. The tours will be available to customers, Monday through Friday between 9:00 a.m. and 4:00 p.m. and on weekends from 9:00 a.m. to noon. • Food for the banquet hall events will be prepared on site. There will be no amplified music or use of speakers outside of the building. According to the applicant, all events will end by midnight. • There will be two full-time employees and ten part-time wait staff who will work only during scheduled events. • Per Section 203 of the Zoning Ordinance, when a shopping center with more than 50% of the total floor area is occupied by restaurant uses, a parking requirement of one parking space per 100 square feet of floor area of the buildings is required. As the combined floor area of these buildings is 10,973 square feet, 110 on-site parking spaces are required.There is also a marina on the property which has 216 boat slips. The minimum parking requirement for the marina is 108 parking spaces. The submitted concept plan depicts 298 on-site parking spaces. Based on this, not only is the minimum parking requirement met, but is exceeded by 80 spaces. While not required,to safeguard against a deficiency of parking for both tenants and guests,the applicant has entered into parking agreements with surrounding property owners.The off-site parking locations are depicted on the exhibit on page 7 of this report. When these satellite parking areas are in use, shuttles will bring attendees to and from the property. • There will be no significant modifications to the site or to the exterior of the building. However,the applicant is proposing new signage, as shown on page 8 of this report. Ferguson Wedding Company, LLC Agenda Item 6 Page 2 f _ FF:.tAf: "' RIIO-RAO_ R-10 B-2 o e-2 Zoning History # Request CUP(Outdoor Recreation &Assembly Use)Approved 10 ",,/ jot� 05/21/2019 � 3r,,.: CUP(Yoga Studio)Approved 03/24/2009 WAIN 2 CUP(Marina)Approved 03/23/1999 /% 3 CUP(Marina)Approved 05/13/1997 _ 's`� � 4 CUP(Dry Storage Boatel)Approved 05/13/1997 -.._._._ T � 5 SVR Approved 05/08/1996 g' � R'g40 R-30 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 applicant's request for the Conditional Use Permit for Assembly Use is, in Staff's opinion, acceptable given that the use will be compatible with the other commercial uses along this section of W. Great Neck Road. As previously mentioned,the shopping center and marina both meet the parking requirement and as a future safeguard,additional off-site parking spaces are available via shared parking agreements between the applicant and surrounding property owners. Similar to the Conditional Use Permit application for an Assembly Use that was approved by the City Council in 2019 for K&T Ballyhoo's on Lynnhaven Drive, conditions are recommended to ensure that residential dwellings in the immediate vicinity are not negatively impacted. While the application indicates that all activities and music will remain indoors, a condition to reinforce that no amplified music, use of speakers or monitors for the Assembly Use be permitted outside of the building is recommended. In addition, a condition requiring the shielding of light sources (light bulbs) be contained and shielded from the view of any areas outside of the property has been added. Based on these considerations, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 3. The maximum number of individuals within the facility shall not exceed 150 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. Ferguson Wedding Company, LLC Agenda Item 6 Page 3 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. 5. 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. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. All trash receptacles shall be emptied regularly so as not to overflow,and litter and debris shall not be allowed to accumulate. 8. Consistent with the requirements for a Special Event,for each event exceeding 250 people,the applicant shall obtain a Special Event Permit and shall notify the Police Department,the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time,size,and scope of activities. 9. No amplification of music or use of speakers shall be permitted except within the main enclosed building. 10. Subject to Section 221(k)of the Zoning Ordinance,an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore,this use, as conditioned herein,shall not cause public inconvenience, annoyance,disturbance,or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic,or overflow parking. 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 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. Ferguson Wedding Company, LLC Agenda Item 6 Page 4 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic West Great Neck Road 8,500 ADT 1 12,500 ADT 1(LOS 2"D") No Change Anticipated 1Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) West Great Neck Road is a two-lane urban collector roadway. There are currently no CIP projects to upgrade this roadway at this time. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Eight signatures from adjacent property owners have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on December 9, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, December 22, 2019 and Sunday, December 29, 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 December 20, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of ,vww.vbgov.com/pc on January 2, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 2, 2020 and February 9, 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 February 3, 2020 Ferguson Wedding Company, LLC Agenda Item 6 Page 5 • 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-cou ncil/Documents/BookmarkedAgenda.pdf on February 14, 2020. Ferguson Wedding Company, LLC Agenda Item 6 Page 6 Site Layout . - = _ , .s- <, _ M 1 A ""' 1 I } 1 .....4.47100„.......„—....--,-- ,__,Nm -,,,, . I III% ,.5..-1._ ..-1.- ___,.....„. ,ir „ , , , ,,,t,,,,,,,, , , ,,..___ .. ,,, .,,,,, 3,- ' ."--1 it '.--.--. --4 I A. i ' Ail \---70, 1 ,_____ . . i , ,, ,-.- - :., ,,,, . 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'\ \ — ----,,kr—Q. ‘,2• . . c., ;V ---y- ` t 4t E " 1 2 r--- , .„...:,....4_ ,. i, ..., , _......_._ ,,,,,,/ , ,,, , ,:, ; �; � ' 1 1 1 6 , i v,-..k-_-_-_,4 i 1 i- --- - i Ferguson Wedding Company, LLC Agenda Item 6 Page 7 Off-Site Parking Locations Exhibit c a• o E a, J h QN • co �. �_ 1 CC CQJ .� CO ellest Ca V 0 i 1-1 o }1 bO C t9 V •CD E VE J CL O 1111; OJ •,w— V f o g o � V o v n V c N c c 9. 0 u u y c C v v m m C 7 L C C El ED Ferguson Wedding Company, LLC Agenda Item 6 Page 8 Proposed Sign Rendering irk r 7 la t 011ikaars• pea a.. v s e „,. Ferguson Wedding Company, LLC Agenda Item 6 Page 9 Site Photos :4;r41,7I*0 -- �n III -- - _ = MMEIIIIIIIk fi ui n►�a • tt 174 WI:1 4 cJ. -.- ! . �L. 1 G -•t TM t ,. 4 ,,wri , AN _ .. ',iv.- ---.9 ', --.- ., , _ - • 1` -t a r ., v ....,__ `_ ... . . :.'} • sue' f w.,. ' {` • '' i Ferguson Wedding Company, LLC Agenda Item 6 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Ferguson Wedding Company, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ 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% " e to a Page 1 of 7 Piannmg�omn'ss-o..a.. the anon', CI APPLICANT NUJ Ii it &RiNL: Er NO CHANGES AS OF • I/2—IZO I.�G Marchelle L. Coleman REVISIONS SUBMITTED Dt+' Ferguson Wedding Company, LLC Agenda Item 6 Page 11 Disclosure Statement Virginia Reach n 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: Ferguson Wedding Company, LLC If an LLC, list all member's names: Amberly Carter Coleman Ferguson If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I� 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:Long Bay Point Partners. LLC If an LLC, list the member's names: Page 2 of 7 Ferguson Wedding Company, LLC Agenda Item 6 Page 12 Disclosure Statement ,1110 1 it :ni, ))each If a Corporation, list the names ofall officers, directors, members, trustees, etc. below (Attach list if necessary) James Underhill Elizabeth Underhill (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 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 Ferguson Wedding Company, LLC Agenda Item 6 Page 13 Disclosure Statement 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 C 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) • 17 Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current ❑ J7 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 O ® 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 Ferguson Wedding Company, LLC Agenda Item 6 Page 14 Disclosure Statement Mr3 ‘irginia Beach e 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. . ifiAsid. fib. zz*3 ��_ IY-u a ! -iA a 4c�A�—3nnXE1 1krA L: tk _ 3116_ V Page 5 of 7 Ferguson Wedding Company, LLC Agenda Item 6 Page 15 Disclosure Statement OWNER Virginia Beach YES f NO SERVICE 1 PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or pre parer of Davis,Josey, Keating& Ranes your tax return Maryland nn Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed f�l purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) CConstruction Contractors II IX Engineers/Surveyors/Agents Financing (include current Fulton Bank 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 ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Ferguson Wedding Company, LLC Agenda Item 6 Page 16 • Disclosure Statement eVB 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. Tx-c 40-K. '•-- Virgiw,A Flo, _ ..‘-rruz, siL,vr n at.t,� SA-Mt Es to.k). CA2 t4•s4-l_ 313�i 11 • OAMiER'S SIGNATURE ` PRINT NAME •DA Page 7 of 7 Ferguson Wedding Company, LLC Agenda Item 6 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. Ferguson Wedding Company, LLC Agenda Item 6 Page 18 Item#6 Ferguson Wedding Company, LLC Conditional Use Permit (Assembly Use) 2105 W. Great Neck Road January 8, 2020 RECOMMENDED FOR APPROVAL—CONSENT Mr. Weiner: Thank you sir. Next is item six, Ferguson Wedding Company, an application for a Conditional Use Permit for an Assembly Use at 2105 West Great Neck Road in the Lynnhaven District. Please state your name for the record. Ms. Carter: Yeah, Amberly Carter. Mr. Weiner: All the conditions acceptable? Ms. Carter: Yeah. Mr. Weiner: Thank you, ma'am. Is there any opposition to this being placed on the consent agenda? Hearing none, Mr. Graham has been asked to read this one also. Mr. Graham: The applicant is proposing to operate a banquet hall within a 3000 square foot unit in one of the existing buildings on the site. In the Zoning Ordinance, the banquet hall is considered an Assembly Use and is allowed in the B2 zoning district with a Conditional Use Permit. And as such,the applicant is requesting a Conditional Use Permit to operate the business. The applicant will host charter meetings, professional social gatherings, company training, renewals, weddings, birthdays, fundraisers and charity events. Staff recommends approval. Mr. Weiner: Thank you sir. The next item is item number seven, James P. Wootten, an application for a Modifications of Conditions on property located on 1732 Lovetts Road, Lynnhaven District. Welcome. Mr. Weiner: Thank you. Is there any opposition to this being placed on the consent agenda? Okay,the next items on the consent agenda are for short term rental. The Planning Commission places the following applications for the great conditional use permit for short term rental and a consent agenda as these applications meet the applicable requirements for section 241.2 of the zoning ordinance. Staff supports the applications and there's no known opposition for the following items 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26. That being said, I move for approval on the consent agenda items 1, 2, 5, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, and 26. Mr. Redmond:Madam Chair? 1 Ms. Oliver: Yes sir. Mr. Redmond:I'm going to support the all of these on consent. However, I would note that with regard to a specific B-2 agenda item number five of Town Center Associates 12, LLC, I will be abstaining. I'm a commercial real estate broker with Divans Real Estate, Inc. Divans Real Estate, Inc. leases and manages the Town Center and various principles of the company where I work, our principals in Town Center Associates. I don't believe very frankly that that affects me in any way. I've never earned a nickel from the Town Center,but for purposes of appearance,I nonetheless tend not to vote on these matters. So I will abstain in this case. Ms. Wilson, does that satisfy your legal requirements? Ms. Wilson: Yes sir. Mr. Redmond:Okay. Thank you. Mr. Horsley: I second. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda items one, two, five with Commissioner Redmond abstaining from agenda item five, six, seven, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25 and 26 have been approved by consent. Ms. Oliver: Okay, thank you. And I'd like to thank all the applicants today who had a matter on the consent agenda at this hearing and these items will be scheduled for hearing at the City Council agenda. And so if you don't have any further business, if you were on the consent agenda, this would be a great time for you to leave. We'll give everybody a second to leave. All right. Thank you. The next order of business will be to address the remaining matters on our agenda. And with our City Clerk, please call the first item. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 2 CONDITIONS 1. A business license for the Assembly Use shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 3. The maximum number of individuals within the facility shall not exceed 150 or the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 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. 5. 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. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 8. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Depai lnient and Emergency Medical Services of the event's time, size, and scope of activities. 9. No amplification of music or use of speakers shall be permitted except within the main enclosed building. 10. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 3 I i CN NI l; • '--- 1 li 3 r 4h . Co s 1 to N i 1 S o • �e A i-- - i.e4..,,.. '1. r O t \\\\\V\O ' \ . --7.- \\CO \ O. to ,' * (7C2A N R3 AL:, CY /- \ \.< \ \---77 \ %,1ii \ C\ -6 c'S , - -_---- 5- - ''''' Ct. -,„'.) I 0 \ z Q 4� s �, o ee G' J t ,i;L r k ':'-'?;', 0 ID d e g:04\ J c,. C 7 co ti a ra [ 44.7„1,4.(1, -3,,,,, 4 ��::.,:,-.7 ...iii CITY OF VI ...,,,,:„.::.. ............;_::., BEACH AGENDA ITEM ITEM: 7-ELEVEN, INC. [Applicant & Owner] Conditional Use Permit (Automobile Service Station) on property located at 2205 Princess Anne Road (GPIN 2404956764), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: February 18, 2020 • Background: The property is located in the southwest quadrant of the intersection of Princess Anne Road and General Booth Boulevard and is zoned B-2 Community Business District. A 2,800 square foot convenience store exists on the site. The property is proposed to be redeveloped with a new 3,500 square foot convenience store and 6 fueling areas with 12 fueling pumps. The fuel sales require a Conditional Use Permit for an Automobile Service Station. Vehicular access to the site will be via a right-in/right-out along Princess Anne Road and a secondary access point along Veterinary Way. The applicant is requesting a deviation for a nine-foot encroachment into the 35-foot front yard setback along Veterinary Way for the convenience store building. The proposed convenience store features a traditional architectural design including a tan fiber cement lap siding with an EIFS stucco water table and gray standing seam metal roof. The fuel canopy and dumpster enclosure will match the lap siding, stucco finish, and color scheme of the convenience store building. An eight-foot tall, monument-style, freestanding sign is proposed near the intersection. The 15 parking spaces depicted on the concept plan will exceed the Zoning Ordinance requirement by three spaces. • Considerations: The Comprehensive Plan designates this area of the City as the Transition Area. Land use compatibility for the use is achieved through a logical site layout with improved ingress/egress, architecture and landscaping. The applicant has worked with Staff to provide an architectural design that will complement the surrounding area with respect to the scale of the building, exterior materials, and signage. The proposed landscape along the street frontages and perimeter of the drive aisle will enhance the view from adjacent rights-of-way. The application has been presented to the TA/ITA Citizen Advisory Committee, which was generally supportive of the application and in particular appreciated the architectural design. 7-Eleven, Inc. Page 2 of 3 The Planning Commission supports the application as well as the deviation to the setback along Veterinary Way, as it provides better orientation of the building on the property due to existing utilities easements and recent property acquisition for road improvements that are currently under construction. 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. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "CONCEPT PLAN," prepared by Blakeway, dated 8/29/18. The setback deviation is noted on the plan. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD ELEVATIONS," prepared by Presmont Construction Services, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Monument Sign", prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base and two (2) building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted Concept Plan, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including 7-Eleven, Inc. Page 3 of 3 the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than 18 feet in height. 8. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 9. No outdoor vending machines and/or display of merchandise shall be permitted. 10.All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. • 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 -012 City Manager: L Applicant and Owner 7-Eleven, Inc. Agenda Item Public Hearing January 8, 2020 City Council Election District Princess Anne 8 CIty of Virginia Beach Request Conditional Use Permit (Automobile Service Station) Staff Recommendation Approval -'" - Staff Planner � Ver" Bill Landfair Location 2205 Princess Anne Road / GPIN 2404956764 Site Size 39,830 square feet AICUZ 65-70 dB DNL Watershed Southern Rivers yN Existing Land Use and Zoning District " ;; sA, Convenience store/ B-2 Community Business ' - Surrounding Land Uses and Zoning Districts r .4 N, North Medical office building /0-1 Office South • Veterinary Way Undeveloped land/ P-1 Preservation East Princess Anne Road p: Undeveloped land/0-2 Office West `.. Veterinary hospital / B-1A Limited Community Business - 7-Eleven, Inc. Agenda Item 8 Page 1 Background and Summary of Proposal • The 39,830 square foot site is located in the southwest quadrant of the intersection of Princess Anne Road and General Booth Boulevard and is zoned Conditional B-2 Community Business District. A 2,800 square foot convenience store exists on the site. • The property is proposed to be redeveloped with a new 3,484 square foot convenience store and 6 fueling areas with 12 fueling pumps. The fuel sales require a Conditional Use Permit for an Automobile Service Station. • Access to the site will be via a right-in/right-out access point along Princess Anne Road and a secondary access point along Veterinary Way. • The proposed convenience store features traditional coastal-style architecture with a tan fiber cement lap siding with an EIFS stucco water table and gray standing seam metal roof. Likewise,the fuel canopy and dumpster enclosure will match the lap siding, stucco finish, and color scheme of the proposed convenience store building. • The Landscape Plan depicts a mix of trees and shrubs along the property frontages of Princess Anne Road and Veterinary Way. • An eight-foot tall, monument-style,freestanding sign with a brick base is proposed near the intersection. • As depicted on the Concept Plan,there are 15 parking spaces on the site. Per Section 203 of the Zoning Ordinance,the parking requirement is met, exceeding the requirement by three spaces. • The submitted Conceptual Layout depicts the proposed building encroaching nine feet into the 35-foot front yard setback along Veterinary Way. Staff does not support the setback deviation request, as the building could be shifted to avoid any encroachment into the setback. • The site is located in the Southern Rivers Watershed. A proposed stormwater management facility will be constructed on the property to address stormwater quality and quantity control for the site. Based on a review of a preliminary stormwater analysis submitted for review, it is Staffs position that the proposed conceptual strategy has the potential to successfully comply with the stormwater requirements for this site. ; s ) 04 RIX)* R-20 0-2 Zoning History t , / / # Request 1 STC Street Clo r A �,��� su e) pproved 08/22/2006 g. 2 MOD(Modification of Conditions)Approved 11/24/1998 0.2 3 MOD(Modification of Conditions)Approved 10/14/2004 �'` 4 CRZ(AG-1&AG-2,and R-20 to Conditional O-1) R=20 I Approved 5/25/1999 a P 1 R _ R-20. 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 7-Eleven, Inc. Agenda Item 8 Page 2 Evaluation and Recommendation The proposal will contribute to the quality of the surrounding area by replacing the existing building with a new building featuring a traditional coastal-style architecture. It will be a commercial use specializing in the sale of convenience food items and fuel sales, as is now typical for most convenience stores. Given that the property is located at a high visibility intersection, land use compatibility is important and is achieved through a logical site layout with improved ingress/egress,architecture and landscaping. The applicant has worked with Staff to provide an architectural design that is consistent with the Transition Area Design Guidelines and will complement the area with respect to the exterior materials, scale, and style of architecture and signage. The proposed plant material along street frontages,the perimeter of the drive aisles, and the parking area will aid in enhancing the view from adjacent rights-of-way. In August, the applicant presented the proposal to the TA/ITA Citizen Advisory Committee,which was generally supportive of the application and in particular appreciated the coastal-style architecture. While the number of vehicular trips to the property will increase,these are pass-by trips, not destination trips, and level of service for the adjacent roadways will not decrease. As shown on the Concept Plan, the removal of an existing access point on Princess Anne Road south of the intersection to be replaced with an access point on Veterinary Way(a two- lane local street)will improve the operational characteristics of the roads because of fewer vehicular conflict points. The existing right-in/right-out access point on Princess Anne Road west of the intersection will remain. It should be noted that the Princess Anne Road Phase VII project currently under construction includes adding a median on Princess Anne Road and that no median break will be provided at Veterinary Way. As such,this access point will essentially be a right-in/right-out onto Princess Anne Road. As mentioned above,Staff does not support the deviation to the required 35-foot front yard setback along Veterinary Way.The submitted Conceptual Layout depicts the proposed building encroaching approximately 9 feet into the required front yard setback. As the proposed building can be relocated further north or be reduced in size to meet the setback requirements, Staff does not support the applicant's request to deviate from the front yard setback standard. The applicant submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining the proposed stormwater strategy for this site. The DSC concurs that the proposed conceptual strategy has the potential to successfully comply with the stormwater requirements for this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan. Based on the considerations above,Staff recommends approval of this request subject to the conditions noted below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "CONCEPT PLAN," prepared by Blakeway, dated 8/29/18,with the exception that all buildings shall comply with the setback requirements of the Zoning Ordinance. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD ELEVATIONS," prepared by Presmont Construction Services,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Monument Sign", prepared by Harbinger, 7-Eleven, Inc. Agenda Item 8 Page 3 which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight(8)feet in height, set on a brick base and two (2) building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors,canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted Concept Plan, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 7. The proposed building must meet all applicable setback requirements or obtain approval of necessary variances from the Board of Zoning Appeals. 8. All light fixtures on the site shall be no taller than 18 feet in height. 9. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e)of the Zoning Ordinance. 10. No outdoor vending machines and/or display of merchandise shall be permitted. 11. All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 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, promoting open space and a low density. This part of the city is characterized by many high quality residential neighborhoods with significant open space areas. 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. These 7-Eleven, Inc. Agenda Item 8 Page 4 Guidelines include striving to achieve the goal of attaining 50%open space including berms, trees, buffer, and trails to create safe, accessible and attractive roadway corridors and internal green space to provide attractive vistas, recreational areas and protect natural resources. 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 are no known natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road (West) 12,900 ADT1 32,700 ADT 1(LOS°"D") Existing Land Use 2—2,134 ADT Proposed Land Use 3—2,931 ADT Princess Anne Road (South) 15,400 ADT' 12,500 ADT 1(LOS 4"D") 1 Average Daily Trips 2 as defined by an existing 3 as defined by a proposed 3,500 sf 4 LOS=Level of Service 2,800 sf convenience store convenience store with gas sales without gas sales Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road south of the Princess Anne Road/General Booth Boulevard intersection is currently a two-lane undivided minor suburban arterial to the east of the site and south of the site. The Princess Anne Road Phase VII CIP project is currently under construction and will widen Princess Anne Road to a four-lane divided roadway from General Booth Boulevard to Sandbridge Road/Upton Drive.This project includes improvements to the Princess Anne Road/ General Booth Boulevard intersection to increase the capacity of the intersection and to improve safety. This project is scheduled to be completed in March 2021. Princess Anne Road west of the Princess Anne Road/General Booth Boulevard intersection is currently a four-lane divided minor suburban arterial and there are no plans to improve this section of Princess Anne Road. Public Utility Impacts Water There is an existing 12-inch City water main along Princess Anne Road (north-south). There is an existing 16-inch city water main along Veterinary Way. The site is connected to City water. The existing 5/8 inch meter (City ID#95061150) must be evaluated to determine if it is appropriately sized to accommodate the proposed use. Depending on the number and type of fixture within the building,the water meter and water service line may need to be upgraded by the property owner. Sewer There is an existing six-inch City sanitary sewer force main along Princess Anne Road (east-west). The site is connected to public sanitary sewer via a private grinder pump and force main. 7-Eleven, Inc. Agenda Item 8 Page 5 Public Outreach Information Planning Commission • The applicant met in August of 2019 with the TA/ITA Citizen Advisory Committee. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on September 9, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019 and December 29, 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 December 20, 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 January 2, 2020. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 2, 2020 and February 9, 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 February 3, 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 February 14, 2020. 7-Eleven, Inc. Agenda Item 8 Page 6 Proposed Site Layout MW tj US-it ^ ` � ` ' 7-Eleven, Inc. Agenda Item 8 Page Proposed Elevations If ? RY.19MCe:1M{110< 3£[3 6 C ti i s MAINSNOUJfri14gJ 1NOIiS3W i{ 1 t I. K Q t°?F {ii j':; :ilk F KL VA N7V3BVINID1L 'OU3NNV S53DNYd SOU 3ti015 N3n33[ Ali i{ iFi V Q_ b a- .. z r, S I. 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O yW ; ` 3 • O ON -01 ii h� 7-Eleven, Inc. Agenda Item 8 Page 9 Rendered Perspective Plan " , ` * g • t P f l tea' 0 - '. f•' 0 Q I. .-- , � I •1 � ' `�G 1 is a t ,_ l' —1,„ : -- ' , . \ 7-Eleven, Inc. Agenda Item 8 Page 10 Proposed Plat $ .c *II 2 I m O L `° - 1. x h A , y o E m 9 •,-1) = 1 .g NEC v Epp o 6 A ! Nai 3a eu1 £jar < ` is C z UU ' ! U T... y 2 _U CO' G e ... ,, 3 A^ A I '1 11 c • id TQxx N c)- y' l7,7 W- b' � z � � - -.14 iz � �la.; Ewli 21A �� PRINCESS ANNE ROAD 2 51 VARIABLE VIDTH PUBLIC R/0' - b ) 'Y Y.B.225,PG.57 M.B.205,PG 46 N.B.168,PG.51 i Y ' _ _ scores'_26823 I _ .._,I.,; A __ R«L.--L-G!_- r oo txr_r---- Ca13311 CIp.BASELINE I ,w l x '13$ +02i00 W $� , 3 "t PSG as vl Q n .00zy 3.00.OV.rss \� •:r:r� • 430dWU AVM-AO-114U g. 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Agenda Item 8 Page 13 Disclosure Statement Virginia Beach APPLICANT'S NAME-Eleven, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HE/ DATE n • NO CHANGES AS OF DATE `Zk31?> i�2L ki.1-.ar1"1; A1rL ❑ REVISIONS SUBMITTED r>ATE 7-Eleven, Inc. Agenda Item 8 Page 14 Disclosure Statement Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 4 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:7-Eleven, 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) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. 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:7 Eleven, Inc. If an LLC, list the member's names: Page 2 of 7 7-Eleven, Inc. Agenda Item 8 Page 15 Disclosure Statement Virgini,:Reach 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•subsidlary 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 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 7-Eleven, Inc. Agenda Item 8 Page 16 Disclosure Statement APPLICANT Virginia Beach YES ! I NO SERVICE j LI PROVIDER(use additional sheets if needed) nx Accounting and/or preparer of your tax return nX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than She Applicant)-identify purchaser and purchaser's service providers f Any other pending or proposed I I El purchaser of the subject property �I (identify purchaser(s)and purchaser's service providers) Construction Contractors ElEngineers/Surveyors/Agents Biakeway Corporation Financing(include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I� ----------- n) Legal Services Real Estate Brokers/ n ® Agents/Realtors for current and anticipated future sales of the subject •ro ert 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 7-Eleven, Inc. Agenda Item 8 Page 17 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. Same as Owner. APPLICANT'S SIGNATURE PRINT NAME DATE • Page 5 of 7 7-Eleven, Inc. Agenda Item 8 Page 18 Disclosure Statement *NB OWNER Virginia Beach YES NO 1 SERVICE PROVIDER(use additional sheets If needed) X Accounting and/or preparer of your tax return uICI Architect/Landscape Architect/ Bates Forum Land Planner Contract Purchaser(If other than N/A nIX the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed N/A (/`I nl purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors TBD x — Engineers/Surveyors/Agents Blakeway Corporation Financing(include current N/A L IliL/J mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) fXLegal Services Troutman Sanders Real Estate Brokers / N/A XI 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 U X an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 7-Eleven, Inc. Agenda Item 8 Page 19 Disclosure Statement .y� Virginia 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 Application. _ PROPE TY OWNER'S GNATU E. PRINT NAME DATE 4',,A e A Af Eric J.Nachtrab 101/Z- Berl Page 7 of 7 7-Eleven, Inc. Agenda Item 8 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7-Eleven, Inc. Agenda Item 8 Page 21 Item#8 7-Eleven, Inc. Conditional Use Permit(Automobile Service Station) 2205 Princess Anne Road January 8,2020 RECOMMENDED FOR APPROVAL Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number 4 has been approved. Our next item of business is agenda item number eight, 7-Eleven Incorporated, an application for a conditional use permit automobile service station on property located at 2205 Princess Anne Road located in the Princess Anne District. Mr. Beaman: Madam Chair for the record again, Rob Beaman, a local land use attorney with law firm Troutman Sanders. One of the things that Mr. Landfair mentioned during the informal session this morning that's particularly important with this application is a proposed deviation in the setback along Veterinary Way, if we could go to the site plan just real quick. I'm going to explain a little bit about that. Sir, is there a color site plan? Yeah, there we go. There are a couple of unique circumstances that affect this property that are generating our need for that deviation first, approximately 20% of the front of the site has been taken as part of the expansion of Princess Anne Road, just relatively recently over the last couple of months. Additionally, the top of the site and the bottom of the site as you're viewing it here, but subject to 35 foot setbacks due to the fact they we're surrounded on three sides by rights-of-way and third, there is a 10 foot telephone easement running along the entirety of the back of the site. So for that reason, the building envelope where the building is located is very tight and so we'd like to request that just the bottom corner encroach, it's actually 11-feet within the set back to a 24-foot setback. As Mr. Landfair stated, this is a small cul-de-sac Veterinary Way that serves only our property in the property behind us and across the street is just forest. So with that, I thank you for your consideration and will stand by for any questions you might have. Ms. Oliver: Great. Thank you very much. Do we have any speakers? Ms. Sandloop: No, ma'am. Ms. Oliver: All right. Anybody have any questions? The commission has any comments, yes Mr. Inman. Mr. Inman: I move we approve the application. 1 Ms. Oliver: All right. Mr. Tajan: Madam Chair to note the item was heard as the applicant has provided they are requesting deviation to the required setbacks, which is different than what the conditions that are providing. So if the commission is planning on moving forward with approval, including the deviation, I do recommend that we edit condition number one to after the date of the site plan to state when actually, well I will just read it, when the property is developed, it will be in substantial conformance with the submitted exhibit, exhibit entitled concept plan prepared by Blakeway dated August 29th, 2018. The setback deviation is noted on the plan. Set plan has been exhibited to the City of Virginia Beach, City Council is on file the Department of Planning and also condition to strike condition number 7. Mr. Horsley: In moving for approval, I would adopt the verbiage that Mr. Tajan just stated for condition number one, and condition number seven was be delivered. Ms. Oliver: Okay. Ms. Sandloop:The vote is open. By recorded vote of 9-0, agenda item number eight has been approved with conditions as amended. Ms. Oliver: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE WALL AYE WEINER AYE 2 CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "CONCEPT PLAN," prepared by Blakeway, dated 8/29/18, with the exception that all buildings shall comply with the setback requirements of the Zoning Ordinance. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD ELEVATIONS,"prepared by Presmont Construction Services, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Monument Sign", prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight(8) feet in height, set on a brick base and two (2)building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan that reflects the plant material depicted on the submitted Concept Plan, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. 7. The proposed building must meet all applicable setback requirements or obtain approval of necessary variances from the Board of Zoning Appeals. 8. All light fixtures on the site shall be no taller than 18 feet in height. 3 9. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. No outdoor vending machines and/or display of merchandise shall be permitted. 11. All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 4 ,, 1 Y � , ,... ,/�r�i 41 0 Yew} 4 I , \ ___ _ _, _ ____ r_ ('J Badue -� " « - 0 s c-_' -*N1111.11.611111111\--- 40 to, ,___„,_____ _ \\ ce. \‘ yy�‘ \ a, , 1, = C a p .1 iooso_:ooiOoi,,, \ 115>% COCV CO , \ V'' CO ' a cu cri C J c v J a, c . _________________________r_ , ; cn NIm \ti � M Nue� ffSs sip f� 2) ( gil sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRANDY FLOTTEN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1804D Baltic Avenue (GPIN 24270722740000). COUNCIL DISTRICT — BEACH MEETING DATE: February 18, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on a 1,980 square-foot parcel located within the OR Oceanfront Resort Form-Based Code District. The lot consists of one townhome; however, a total of five townhome dwellings are connected on this row. City records note this unit is a three-bedroom dwelling. 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 instance. After these five townhomes were built, illegal compacted gravel parking spaces were added over the underground stormwater management system. A condition relating to this issue was recommended; however, the applicant worked proactively with staff and has since corrected the matter. The property is also within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. • Considerations: This site is in the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. This Short Term Rental use would add a smaller scale lodging option to the area and will complement the unique and creative focus of the district. The applicant's parking plan depicts one of three required parking spaces within the single-car garage. As permitted by Section 241 .2 of the City Zoning Ordinance, the Zoning Administrator reviewed the Parking Plan and deemed it acceptable. Along with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, a condition is recommended that limits the number of Residential Parking Permit Program (RPPP) parking passes to two residential passes while also prohibiting guest permits and temporary permits through the program. This condition will help ensure that parking spaces will be available for residents and not the Short Term Rental which meets the parking requirements on site. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Brandy Flotten, LLC Page 2 of 5 There is no known opposition to this request. Four letters of support were received by Staff. Those letters came from the adjacent townhome owners. On February 4th, City Council approved another townhouse for a Short Term Rental attached to this home. To be consistent with the changed condition for special events staff recommends changing condition 8. • 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 following conditions apply to the unit requesting a Short-Term Rental Conditional Use Permit. Short-Term Rental shall only occur in the principal structure addressed as 1804D Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18- feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short-Term Rental tenants. 3. As depicted on the Zoning Administrator approved Parking Plan titled "Physical Survey of Lot 2, Subdivision of Oxygen at Baltic," dated May 14, 2019 and created by Alphatec Surveyors, LTD, a minimum of three (3) on- site parking spaces must be maintained with all-weather surfaces and be available to the occupants of the Short-Term Rental. 4. An appropriate site plan must be submitted to the Department of Planning and Community Development - Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the submitted parking plan titled "Parking Plan for 1804 Baltic Ave Unit D Brandy Flotten 09/10/19." If approval is not granted by the Department of Planning and Community Development-Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11 , Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. 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. 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor Brandy Flotten, LLC Page 3of5 amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the 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. 8. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). No events with more than fifty (50) people present, shall be held absen pecialcvent p r tEv eiith more than fifty (5.0) people ar 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. 9. 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. 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a" through "c" below. This information must be submitted to the 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. Brandy Flotten, LLC Page 4 of 5 11 .To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 12.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 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. 14.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. 15.Accessory structures shall not be used or occupied as Short-Term Rental. 16.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. 17.The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20.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 Brandy Flotten, LLC Page 5of5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department�� 7 City Manager: Tilt, Applicant and Owner: Brandy Flotten Agenda Item gliVB Public Hearing: December 11, 2019 City Council Election District: Beach 1. 5 Virginia Beach Request Conditional Use Permit (Short-Term Rental) Staff Recommendation Approval "�/A I '��'"�t� 3 — lipoitrIgna Staff Planner $ 1 011 '1 William Miller ��000_,00��� Location 11 5� � i P 1804 D Baltic Avenue �� � GPIN 24270722740000 - Site Size . 1,980 square feet . ' k t yuw Existing Land Use and Zoning District Townhome dwelling/OR Oceanfront Resort (VIBE District) Surrounding Land Uses and Zoning Districts North Townhome dwelling/OR Oceanfront Resort (VIBE District) '� South Townhome dwelling/OR Oceanfront Resort (VIBE District) ' rt East �jy f Funeral home/OR Oceanfront Resort (VIBE '.--r`` District) West . Craft brewery/OR Oceanfront Resort (VIBE District) Brandy Flotten Agenda Item 15 Page 1 Background and Summary of Proposal Zoning Background Existing Site Conditions • The site is a 1,980 square foot parcel located within the OR -Oceanfront Resort Form Based Code District (Vibe District) • A total of one townhouse dwelling is located on the parcel; however, a total of five townhomes are connected on this row. • According to City records, this dwelling was constructed in 2019. • Except for the compacted gravel parking pad abutting the driveway, all other parcel improvements appear to match the Development Services Center(DSC) approved as-built site plan dated July 25, 2019. 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 a townhome dwelling. The regulations for Short-Term Rental use are identified in Section 241.2 of the 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 room): 9 • Number of parking spaces provided (1 space per bedroom required): 3 • While four parking spaces are depicted on the submitted plan, one of the spaces is in violation of the DSC approved site plan and one space is proposed within the garage. The gravel area abutting the driveway that crosses over the neighboring property line onto Lot 1 was not part of the approved DSC drainage as-built plan. As a result, the Zoning Administrator did not count this gravel space toward the minimum number provided. Also, one of the proposed parking spaces is located within the single-car garage.As the Zoning Ordinance does not recognize garage space towards meeting the parking requirement for the dwelling use, a parking plan was submitted to address the parking deficiency requesting that the garage indeed be counted in this instance.The Zoning Administrator approved this approach hence,the minimum number of parking spaces is met on-site. • History of code violations (noise, parking, etc.): None found Brandy Flotten Agenda Item 15 Page 2 e.. --✓ , ! OR 1 Zoning History # Request 1 CUP(Craft Brewery,Open-Air Market)Approved 11/07/17 1 e 0te suet ;Rl 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 site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. This Short-Term Rental use proposal would add a smaller scale lodging option to the area and will complement the unique and creative focus of the district. Moreover, the requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant; however, a condition has been added addressing the illegal conversion of the pervious area between driveways to gravel. In addition, since the Short-Term Rental use is somewhat commercial in nature and located within the RPPP parking program, another condition was added limiting the number of guest and temporary passes while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions apply to the unit requesting a Short-Term Rental Conditional Use Permit. Short-Term Rental shall only occur in the principal structure addressed as 1804D Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short-Term Rental tenants. 3. As depicted on the Zoning Administrator approved Parking Plan titled "Physical Survey of Lot 2, Subdivision of Oxygen at Baltic," dated May 14, 2019 and created by Alphatec Surveyors, LTD, a minimum of three (3) on-site parking spaces must be maintained with all-weather surfaces and be available to the occupants of the Short-Term Rental. 4. An appropriate site plan must be submitted to the Department of Planning and Community Development- Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the submitted parking plan titled "Parking Plan for 1804 Baltic Ave Unit D Brandy Flotten 09/10/19." If Brandy Flotten Agenda Item 15 Page 3 approval is not granted by the Department of Planning and Community Development-Development Services Center Division,then the compacted gravel area must be restored to its original state as shown on the site plan created by John E.Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10- A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC- 00257 and 2019-DDSC-009500 5. 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. 6. Unless a field change or other site plan modification is approved by the Planning Director,all required tree canopy, landscaping,and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E.Sirine and Associated on 01-18-2017,shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the 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. 8. 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. 9. 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. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements"a"through "c" below.This information must be submitted to the 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. 11. To the extent permitted by state law,each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 12. 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 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. Brandy Flotten Agenda Item 15 Page 4 14. 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. 15. Accessory structures shall not be used or occupied as Short-Term Rental. 16. 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. 17. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20. 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 reported that they met with the surrounding property owners and no objections were raised. Four letters of support have been received by Staff related to this request. • 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. Brandy Flotten Agenda Item 15 Page 5 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 2, 2020, and February 9, 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 February 3, 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 February 14, 2020. • Four letters of support have been received by Staff relating to this request. Brandy Flotten Agenda Item 15 Page 6 Site Layout and Parking Plan - 2 ALL VISIBLE FRANCHISE UTILITY APPURTENANCE(I.E. TRANSFORMER, UTILITY BOX PEDESTAL ETC.)MAY BE EVIDENCE OF AN EASEMENT. 24' PRIVATE 20' ALLEY EASEMENT PERAPLATE DRAINAGE STRUCTURE '] (20' ALLEY PER PLAT) `�� N`l.3'49'40" W 1 s. 44E - , 23.92' / \L 18.00f 18.00/ 18.00/ 41\ ' 18.00 y \ 23.26' DRtrE. 1 DRAINAGE LOT 2 ;STRUCTURE 1,980 Ft. 0455 Acre - -1 ,_ — 1 [ .' '`• I , Three parking 11 i I f�' spaces(one o in the garage gea I I I I z I I .; and two inW ' W Wa the driveway)1 " 1.O41 • * BOLLARD . 11 n ; CO o gI I 0 o o , 3 THREE STORY L, 10 LOT 6 I LOT 5 LOT 4 LOT 3 I i 8 BR N i LOT 1 g o BUILDING o j1804D ^ I • 1 Z zQ Qct o 5.1' o ;_ 5.6' 4.9' ¢z �--__ j____ �____`,! 12.6' N1 ' 12.5' Nr �-^ g Cc CZ 11.WI DRAINAGE = ' LI = `• R=10.00' STRUCTURE 1 - ---- ' N -" Q. 23.92' s-oy 18.00' , I`r iaoo oy7 moo' o,z• moo' I°ifr 23.00' 01f'' ' 3-3.-52'_- ----0( ---1-- - ._ f S 13'49'4o" 4 4' PRIVATE DRAINAGE DRAINAGE I`FFFRf EASEMENT PER PLAT STRUCTURE .44RTD...vy BALTIC AVENUE e � (60' RIGHT OF WAY PER PLAT) fkgl4NSm,,,_ • Brandy Flotten Agenda Item 15 Page 7 Site Photos jf f ' - ... ! ,, ''.- . Mi. 1 ril It !:'01111P'7. , II►il!!III!! 'IIIIIIIlI WI1II01111; 111111111 ' gllll1tl tiI111i`.'lI 111II Ili 911111111111.1111 Illl 11' , , _` y -es� �j�yLL- Alai ' ' .II! firilill - 11_ ' ' L,. h ' _ t.. p ,y A IN . 9 ri —,....— . ,----___ e e _____, _____ _ ri -- - F— . , _,,.._ -_-.-„.„ .�• rf - .,:: , l�e Ell. ?t ---,,_ �, ._ ,..,. �� I~ _ A a , Al r ter: -....... r I 4 Compacted gravel parking areas were not approved by DSC—See condition #4 Brandy Flotten Agenda Item 15 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME r -e -.t.erytivra.i DISCLOSURE STATEMENT FORM The completion and submission of this form is required for ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City _ Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals - - __ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay --— — Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any l Page 1 of 7 Planning Commission and City Council meetinc that pertains to the a;;plicationis). WO M:tt.r 0 APPLICANT NOTIFIED OF HEARING DATE t,SO.2020 ns.4,: O NO CHANGES AS OF DATE: 1.23.202.0 _ 0 REVISIONS SUBMUTTED DATE N/L Brandy Flotten Agenda Item 15 Page 9 Disclosure Statement Virginia Beach E Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Andand Brandy Flotten^_____ 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. Fl Check here if the PROPERTY OWNER IS NQT 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: Andy and Brandy Flotten If an LLC, list the member's names: Page 2 of 7 Brandy Flotten Agenda Item 15 Page 10 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) "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 Brandy Flotten Agenda Item 15 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE ( PROVIDER ten e+d'tiorni 56eas if __J L needed) .�. I Accounting and/or pr.parer of Sherry Valentine your tax return 405-620-0801 ❑ ri 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 purchasers)and purchaser's service providers) ® 1 Construction Contractors ® Engineers/Surveyors/Agents Alphatec Surveyors,ltd Financing(include current ® ! mortgage holders Wells Fargo selected or being consideredandlenders to Home Mortgage provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ n ® i Agents/Realtors for current and anticipated future sales of the ! subjectproreri, 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 Brandy Flotten Agenda Item 15 Page 12 Disclosure Statement awe Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /i�.) 1�,r.`� ?7e t-11>f a t d1/l2/19 1 _ APPUc4pMILURE PRINT NAME "� DATE Page 5 of 7 Brandy Flotten Agenda Item 15 Page 13 Disclosure Statement N13 OWNER Virginia Beady YES NO SERVICE [ PROVIDER(um,additional shoots If needed) ng your tax�return/� 40C7-.)l920-.oe t ❑ Architect/Landscape Arddtea/ ' 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) ❑ i/. Construction Contractors 12 ! Engineers/Surveyors/Agents Alphatec Surveyors.ltd Financing(include current WrL.LC7 F15<frbit NjZi ❑ mortgage holders and)enders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and w anticipated future sales of the subject property I I4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO// Does an official or employee of the City of Virginia Beach have D TE. 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 Brandy Flotten Agenda Item 15 Page 14 4 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 OWNERS SIGNATURE PRINT NAME DATE — t I f Z ! I Page 7 of 7 Brandy Flotten Agenda Item 15 Page 15 4 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. Brandy Flotten Agenda Item 15 Page 16 .......g_,,,,,,.,,,._,,.__.------- O V-°------(x I G V ga1t�c A a, 0 z1:0 _. 4( o Q •-' ca 1111111 R ijAi O W it �v o z ....., i_ wr-Q\ .. cc ,_ \..„3 , , ,, 0, .-.1--- Q O D 0 a z Ln 0 p w -_t_3 Court 0 shores lC:\ ---- �,p errY Item#15 Brandy Flotten Conditional Use Permit(Short-Term Rental) 1804 Baltic Avenue, Unit D 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 Towne Bank Advisory Board, the city of Chesapeake and I have a letter on file with the clerk so stating and the Towne Bank 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 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 adopted 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 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. 1 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 apply to the unit requesting a Short-Term Rental Conditional Use Permit. Short-Term Rental shall only occur in the principal structure addressed as 1804D Baltic Ave. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-feet wide vehicle entryway opening, and be accessible to the Short-Term Rental tenants. 3. As depicted on the Zoning Administrator approved Parking Plan titled "Physical Survey of Lot 2, Subdivision of Oxygen at Baltic," dated May 14, 2019 and created by Alphatec Surveyors, LTD, a minimum of three(3) on-site parking spaces must be maintained with all-weather surfaces and be available to the occupants of the Short-Term Rental. 4. An appropriate site plan must be submitted to the Department of Planning and Community Development-Development Services Center Division for review if the applicant would like to keep the compacted gravel area shown on the submitted parking plan titled "Parking Plan for 1804 Baltic Ave Unit D Brandy Flotten 09/10/19." Ifapproval is not granted by the Department of Planning and Community Development-Development Services Center Division, then the compacted gravel area must be restored to its original state as shown on the site plan created by 2 John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019- DDSC-009500 5. 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. 6. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department and more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Shine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 7. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the 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. 8. 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. 9. 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. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements "a"through "c"below. This information must be submitted to the 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 3 Ir c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 12. 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 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. 14. 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. 15. Accessory structures shall not be used or occupied as Short-Term Rental. 16. 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. 17. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 20. 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 .@,, . ----- C.—, \ \\ , f i !, 11 1W ✓ LL h. S Cal 1 , �f i _--5 N .- yt I ✓ } - - lI (1) 0 P�e nu ..L.- a) al V " ilv k i � Nv i . , II. atk, \ N a) ., , v.-- < N\ 1 > ' < r- (-1, \\ _ +�`+ SIN 1, � — 0\,.k `� et) �I' . ., „ L. c.,, . F M '� \---11 ___---- y� w 1 Ater , ,-_.,-,.,„.„.,..., 1'>- '— a' 1i ; t — a,1t 1. j `� 7 ,' �t C o i �r J 1-- i 1 -�'; ram ' [ i ,; }}z} J 4S+y ./ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HH VB2, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 400 33rd Street, 402 33rd Street, and 3216 Arctic Ave (GPIN 24189255670000). COUNCIL DISTRICT — BEACH MEETING DATE: February 18, 2020 ■ Background: This 11,250 square-foot parcel is zoned A-36 Apartment District. There are nine multi-family dwelling units located within two buildings on this property; one is a duplex and the other seven are within a multi-family apartment building. A Conditional Use Permit was granted in 1972 to allow this multi-family use; a modification to which was granted in 2018 to allow the current duplex building to be remodeled from a single-family while also reducing the apartment building from eight units to seven. The current request is for Conditional Use Permits for Short- Term Rental use in three of the units (both units within the duplex and one unit within the apartment building). As per City records, one of the subject units contains two-bedrooms and the other two units contain three-bedrooms each. The property has ten code compliant on-site parking spaces, which were permitted by the 1972 Conditional Use Permit, but fall short of the total number of spaces that would be required today for multi-family dwellings. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six and the maximum is nine for a three-bedroom Short Term Rental. The minimum number of parking spaces required for Short Term Rental use is one per bedroom, or eight spaces in this case. Each of the three units are credited with one existing space, so five additional on-site spaces are needed. • Considerations: The property is located approximately four blocks from the public beach of the Atlantic Ocean where Short Term Rentals are to be expected. Due to the deficiency of off-street parking with this request, the applicant submitted a shared parking plan in which five parking spaces would be leased from a nearby commercial entity. The parking lot associated with those leased spaces is approximately one block east of the subject site (less than 500-feet away). According to the terms of the lease, the parking spaces would not be available for use by the Short Term Rental tenant on weekdays between the hours of 8:30 a.m. and 5:30 p.m. As allowed by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator deemed the Parking Plan unacceptable due to the time use restrictions associated with the parking spaces. Condition number one regarding parking was modified by staff following the Planning Commission meeting, as HH VBV2, LLC Page 2 of 4 further review of the code by staff determined that City Council may deviate parking and that a Board of Zoning Appeals variance is not the preferred method to address a deficiency. 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 passed a motion to recommend denial of this request by a vote of 8-1. If the City Council chooses to approve, the following conditions are proposed including the modified assembly use condition from all the Short Term Rental approvals at the February 4th City Council meeting. 1. Approval of this Conditional Use Permit is contingent upon City Council granting a deviation to the required on-site parking per Section 241.2 obtaining a Board of Zoning Appeals (BZA) variance for the deficiency of available off street parking for the Short Tcrm Rental use or providing the appropriate number of off-street parking spaces as required by City Zoning Ordinance Section 241.2 and approved by the Zoning Administrator. 2. The following conditions apply to each individual unit requesting a Short- Term Rental Conditional Use Permit. A separate Conditional Use Permit and modification is needed for any additional units on the site wishing to operate as a Short-Term Rental. 3. Short-Term Rentals shall only occur in the unit(s) approved by City Council. 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 the permitted number of people who may stay overnight(number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). No events with more than fifty ,. (50) people present, shall be held ala -specs vent-per .E mitye'ntA re than fifty (50) peoplo r timited-te-ne-m-ar-e-than-three-(-3- s-i-n-a-Gal-e-nda-r--year,--49-mare-th-an one hundred (100) people shall be present at any event held on—the property. HH VBV2, LLC Page 3 of 4 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. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11 .Accessory structures shall not be used or occupied as Short-Term Rental. 12.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. 13.The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. HH VBV2, LLC Page 4 of 4 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.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 Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Departmeni City Manager: Trig_ . , 4 ABApplicant & Owner: HH VB2, LLC Agenda Items Public Hearing: December 11, 2019 19, 20, 21 City Council Election District: Beach Virginia Beach Requests #19 Conditional Use Permit (Short-Term Rental) #20 Conditional Use Permit (Short-Term Rental) ( * #21 Conditional Use Permit (Short-Term Rental) Staff Recommendationit milli Denial - Zwiii- -r Staff Planne0 William Miller • Illi mmak Location 400 33rd Street (#19),402 33rd Street (#20), and 3216 Arctic Avenue (#21) 10111.111111110 ti GPIN 24189255670000 Site Size 11,250 square feet . ,., ir,. Existing Land Use and Zoning District xj ` , Multi-family/A-36 Apartment ' *t jt ,, 'A +� Surrounding Land Uses and Zoning Districts North —' rty. 33rd Street Mixed use/ RT-3 Resort Tourist o{ °t. n South , Multi-family/A-24 Apartment * ,. ` . East ow" `' r.. Arctic Ave A Post Office /OR Oceanfront Resort k..t i' III"' .14 s West .. 4 : t Single-family/A-12 Apartments HH VB2 LLC Agenda Items 19,20,21 Page 1 Background and Summary of Proposal Site Conditions • The site is an 11,250 square foot lot zoned A-36 Apartment District. • A total of nine dwelling units exist on the property; a seven-unit apartment building built in 1973 and a two-unit duplex built in 1947 as a single-family and converted to a duplex in 2018. • History of code violations (noise, parking, etc.): None found History of City Council Actions • August 14, 1972 - City Council granted a Conditional Use Permit for multi-family dwellings.The site was then developed with an eight-unit apartment building while retaining the existing single-family dwelling (nine total units). • February 6, 2018 -The current applicant was granted a modification to the 1972 Conditional Use Permit for repairs and alterations.The changes included renovating the apartments, removing one unit(from eight down to seven), and converting the existing single-family to a duplex. The total number of units on the site remained nine. • Parking-The plan submitted with the 1972 Conditional Use Permit showed ten on-site parking spaces for all nine units.This parking ratio (1.1 spaces per unit) was maintained through the 2018 modification request. If the development were built today, 18 on-site parking spaces would be required. Summary of Proposal The applicant submitted three separate Conditional Use Permit requests for Short-Term Rentals on this 11,250 square foot site. Each application contains a separate address; however, the applicant owns all nine units on the property. The regulations for Short-Term Rental use are identified in Section 241.2 of the Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short-Term Rental units: 2 in Unit 400, 3 in Unit 402, 3 in Unit 3216 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 in Unit 400, 9 in Unit 402, 9 in Unit 3216 • Number off-street parking spaces needed (1 parking space per bedroom): 8 • Number of additional parking spaces needed for all Short-Term Rental requests: 5 (each unit is already credited one space from the 1973 City Council approval). • Number of total spaces needed for the existing dwellings and the proposed Short-Term Rentals: 15 • Number of total parking spaces provided for all dwellings on the property: 10 (as granted by City Council in 1973) HH VB2 LLC Agenda Items 19,20,21 Page 2 A•12 O 20tdtug A•24 A i? 33 A 1 RT-3 --" Zoning History 12 A 18 — - # Request 1 MOD(Multi-family dwellings)Approved 02/06/2018 sa+is""t _ A CUP(Multi-family dwellings)Approved 08/14/1972 '� 2 NON (Remove four-unit building and construct three new A•12' " units—one duplex, one single-family)Approved A.12 `,rr, OR 06/07/2016 ,�/ v 3 MOD(Modify 2000 REZ—property access change) Approved 09/28/2010 o REZ(R-10 to A-12)Approved 09/12/2000 A-24 _� A-12 A-3 204 sv°ot 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—ConditionalRezoning STC—StreetClosure SVR—Subdivision Variance Evaluation and Recommendation The subject site is located approximately four blocks from the public beach of the Atlantic Ocean where Short-Term Rentals are to be expected. Nevertheless, the site is deficient five off-street parking spaces related to this request, while also containing fewer spaces than currently required for dwelling units of this type. Therefore,the addition of the Short- Term Rental use on the property would exacerbate the effects of the current off-street parking deficiency. The applicant has attempted to address the off-street parking shortage by leasing off-site parking spaces in the vicinity and requesting the Zoning Administrator allow shared parking in accordance with Section 203(b)(1) of the City Zoning Ordinance. Details of which are as follows: • Five off-street parking spaces would be leased from the owners of the commercial office building located at 3330 Pacific Avenue (SunTrust building). • The off-street parking spaces would be located approximately one block east of the Short-Term Rental property (less than 500 feet away). • According to the lease,the parking spaces would not be available for Short-Term Rental tenants on weekdays between the hours of 8:30 a.m. to 5:30 p.m. • Number of off-street parking spaces required for the office building at 3330 Pacific Avenue: 91 (based on a ratio of one space per 330 square feet of the building's 30,000 square foot floor area). • Number of off-street parking spaces associated with 3330 Pacific Avenue: 96 (10 of which are gravel) • Number of off-street parking spaces associated with the SunTrust building property (3300 Pacific Avenue)that are already leased to the owners of 313 32nd Street(Smartmouth Brewery): 11 • Total number of off-street parking spaces needed for both uses (SunTrust building and Smartmouth Brewery): 102 • Total number of off-street parking spaces provided at 3330 Pacific Avenue: 96 • Total off-street parking space deficiency for combined SunTrust Building use and Smartmouth Brewery use: -6 • Total number of off-street parking spaces associated with the SunTrust building available to lease to others, including this applicant: 0 HH VB2 LLC Agenda Items 19,20,21 Page 3 After reviewing the details of the shared parking request,the Zoning Administrator denied the application for shared parking based on the information noted above. The SunTrust building property does not have any additional parking spaces available to aid in addressing the parking deficiency associated with the Short-Term Rentals. Consequently, a Board of Zoning Appeals variance must be granted to allow such a deficiency unless an acceptable alternate parking plan is submitted and subsequently approved by the Zoning Administrator. Other requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met with each of these requests. Based on the considerations above, Staff recommends denial of all three Conditional Use Permit requests for Short-Term Rental on this property. If the Planning Commission recommends approval,the following suggested conditions are provided for consideration. Recommended Conditions 1. Approval of this Conditional Use Permit is contingent upon obtaining a Board of Zoning Appeals (BZA)variance for the deficiency of available off-street parking for the Short-Term Rental use or providing the appropriate number of off-street parking spaces as required by City Zoning Ordinance Section 241.2 and approved by the Zoning Administrator. 2. The following conditions apply to each individual unit requesting a Short-Term Rental Conditional Use Permit. A separate Conditional Use Permit and modification is needed for any additional units on the site wishing to operate as a Short-Term Rental. 3. Short-Term Rentals shall only occur in the unit(s) approved by City Council. 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 HH VB2 LLC Agenda Items 19,20,21 Page 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short-Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short-Term Rental. 12. 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. 13. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. 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. HH VB2 LLC Agenda Items 19,20,21 Page 5 Public Outreach Information Planning Commission • The applicant reported that they met with surrounding property tenants and commercial representatives (7-11); no objections were raised.Ten letters of support have been received by Staff relating to these requests. • As required by the Zoning Ordinance, the public notice sign(s) was/were 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 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, February 2, 2020, and February 9, 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 February 3, 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 February 14, 2020. • Ten letters of support/opposition have been received by Staff relating to this request. HH VB2 LLC Agenda Items 19,20,21 Page 6 Site Layout and Parking Plan 7100' (P) 74 75' r 7435" 15 2 OFi # 41 _ it ;ir cfssc71. . 1 kr.- PIN lit aCCEI e• e l o 41 4/8 r p 4 �' ( 3lk�s 1k #i 9 1 s P. !3) el♦` coi i 1 - •-- 9`L. OF THE cm— . t:-. -; .': '•_'. •A • t t_�.PA '_ ill PARCEL I- !. F �" s -R.: tie •7'•` .`' Minimum off-street parking space :k. ' % x�5 - ti size is 9-feet by 18-feet A ' - # : *10 off-street • CS parking spaces E s were allowed I I 3 i. by city council for use with 9 4 o 1 g v dwelling units iki A' ' I : x = in 1972 rea a$uN �.► o I 3 1 ; i ' `7 l $F .,, a .- ritai,y ' l i 3 `, � t16, "" •82'45,4' E 75.X�(f') 74 75' ,(Pr N\ `. 1t scam( «5O►1 33 STREET HH VB2 LLC Agenda Items 19,20,21 Page 7 Site Photos 11 I' I ki ,:� _ - HH VB2 LLC Agenda Items 19,20,21 Page 8 Disclosure Statement Iiifi3 Virginia Beach APPLICANT'S NAME HH VB2 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 I Disposition of City I Modification of by City Property Conditions or Proffers Alternative —j Economic Development Nonconforming Use Changes Compliance,Special I Investment Program Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of ( Floodplain Variance Appropriateness ! 1 Street Closure (Historic Review Board) ' Franchise Agreement , — - Chesapeake Bay [ , - 1 Preservation Area Lease of City Property Subdivision Variance Board ! _ Conditional Use Permit ! License Agreement 1 Wetlands Board 4 _- The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • -. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Manning Commission and City Council meetinc that pertains to the appIication(s). _ APPLICANT NOTIFIED OF HEARING I DATE: Llo,202,0 W.II M 1tt4r Q NO CHANGES AS OF DATE: 11,ZI.20ZA ®2/ aA__-.. la REVISIONS SUBMITTED DATE: :Now q•,l op1.2.1.2624 HH VB2 LLC Agenda Items 19,20,21 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IXCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:HH VB2 If an LLC, list all member's names: Brian Horan Warren Matthew Harding 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) Affiliated business entities: HH VB LLC HH VB3 LLC 17th STREET PROPERTIES, LLC 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. 11 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. xA 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:HH VB2 LLC If an LLC, list the member's names: Page 2 of 7 HH VB2 LLC Agenda Items 19,20,21 Page 10 Disclosure Statement \fi3 Brian Horan Warren Matthew Harding 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Affiliated business entities: HH VB LLC HH VB3 LLC 17th STREET PROPERTIES, LLC 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 5o 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 ogQeratiri 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 HH VB2 LLC Agenda Items 19,20,21 Page 11 • Disclosure Statement VB APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets If needed) X n Accounting and/or preparer of BDO your tax return j xJ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ X I the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ElI,\I nl purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) XI _ Construction Contractors 'Summerset Develpment Lin Engineers/Surveyors/Agents Financing (include current Towne X mortgage holders and lenders selected or being considered to j provide financing for acquisition or construction of the property) _1 1 CLegal Services Sykes.Bourdon,Ahern&Levy,P C. 1 Real Estate Brokers/ tkinson Realty C n Agents/Realtors for current and anticipated future sales of the subject i;ro;eMr - a _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have — Ivl an interest in the subject land or any proposed development Ln1 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 HH VB2 LLC Agenda Items 19,20,21 Page 12 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. Brian Horan 08/01/19 • -- APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 HH VB2 LLC Agenda Items 19,20,21 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. HH VB2 LLC Agenda Items 19,20,21 Page 14 w \V """-il w M O 1111111111„�a1111'C a;enUe r I' Q LI- U W I ii 1111 \ -n0-. o-l‘ oi•l \_\.\,. l o ,I=2 011wL7-6u)- co---l-1a- c0I1IP ,,,. ..' ce Q 701(.__ o O = --'°— --------!___ Q\ i r to - r t c 121- rn .. 8$ • o ----r.-c\•,-;-• ill. N . \_g IA N d 100 K s ___,:., --:„ . .• p rr . . 21,..\ 0 _. .. ,,...0xD _ 0,_, 0 it! Ibi . ci_ F— • 1140 o 0.3 CO 1\ a M Q Q 0P --, 0 cn , CNI I 6 \ ,v, - \c5 , , J Q k= :3 10 \-r-\40 .\:' 1 b J N — m j > o s. Items #19, 20, & 21 HH VB2, LLC Conditional Use Permit(Short-Term Rental) 400 & 402 23rd Street,3216 Arctic Avenue COUNCIL DISTRICT—BEACH December 11,2019 RECOMMENDED FOR DENIAL 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: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. Mr. Bourdon: Madam Chair, members of the Commission, Eddie Bourdon Virginia Beach attorney representing HH VB2, LLC on these three companion applications. The two principles of HH VB2 LLC are Brian Horan and Matt Harding. Brian, is here today in attendance, I provided you all in your informal briefing a handout with a lot of information about this property. Mr. Kemp gently correct some of the things that were said in his briefing, but when this was previously scheduled, we had a well let me back up. First of all,if you look at the before and after pictures of what these guys have done with this property just says they're doing with a bunch of property bought on the south side of 17th Street just west of Pacific Avenue. They're doing a lot of really good things in the resort and helping to not only reshape it,but refurbish it and make it look nicer and they've done a great job with this piece of property. The property had nine units and had 10 parking spaces. In 2018, as a part of cleaning up the property, we came in to modify that non-conforming use by putting a second unit in the house up front and eliminating one in the apartment building behind, all of which was done with the blessing of planning commission City Council, subsequently completing those renovations. My clients have had three short term rentals operating on the property and have operated extremely successfully. I've given you in the package. They are getting the highest rating you could expect. There are all kinds of, if you look through the information I provided endorsements how great the experience these folks have had who've come down here. Almost the same importance of the city taxes that have been paid with these 1 three short term rentals, gave you that as well. And these are the only three units in this nine unit building that will have short term rental city council approves these, what makes us, you know, different, is that we initially had a parking lease agreement with the beach tower, and if those of you who've been around as long or longer and I have, I was shocked to find out that all these parking lots were required for that building. I've been going that building for, you know, 35 years, and I've never parked anywhere other than the lot right behind it. And these other lots, I didn't even know they were for their parking. So we had, and they've been, you know, they've been providing parking agreements to others like Smart Mouth, which Kevin preached on. So we had at least five spaces very close by and then came back with what Kevin went over with you all, which is basically what would have been the presentation previously. But having heard that,the OR district which is where the most of their parking, I think all of their parking is, allows for shared parking, perfect situation, we're residential their office, if we need any parking, other tenants and our other six units,you know, frankly some of them live and work at the beach don't even have a car but there is no shortage of parking for our units during the day. There may be on the weekend. There may be at night if people have guests over that's where the shared parking agreement that is allowed under the OR district. And so we have a shared parking lease,which allows us to use five spaces that will be undoubtedly empty. After 5:15 I believe it is and until 8:15 in the morning, and on weekends and holidays, and I would defy anybody to go out and look at the beach and then the owners of the property absolutely agree,parking lots empty during the time we would need these parking spaces. So it's a shared parking lease that we're paying for, to these parking spaces from them that would be used in the evenings and weekends holidays, which is really the only time that we might have a need for them. Obviously, there's on street parking,but we're not shirking our responsibility to provide parking. We can put signage on the five spaces that they're for the use of these short term rentals and to me it makes absolute perfect sense. This is also a unique part of the city, which we've all looked at sea pines area. And it fits this is not a single family residential area,it's an eclectic mix, as Mr. Frankenfield use to describe it. We provide you with nine letters of support from surrounding property owners for this application. The most important thing I think that says it is the ratings from the people who have come and used these short term rentals. They're just highly, highly impressed and make very positive comments across the board. But I don't know what else that we could do to make the situation better than what we have done. And, like I said,the folks at the Beach Tower, they are willing to give us the lease for the five spaces, 24/7, 365 because they're not used, that's the reality. So we're doing shared parking, which is what the our district, you know, it's a part of the our district because to try to keep us from building, we need parking, but we don't want to put more parking than we 2 e have to have if we can, if we can share use, that's what this is, is all about. I don't believe we have any opposition to this. Ms. Oliver: Yes. Mr. Graham: Mr. Bourdon the lease say, it's a month-month lease, 30 day termination. Mr. Bourdon: I gave you a copy of it, thanks for reminding me, I forgot to mention I gave you that too. Mr. Graham: So I think, you know, at some point, you know, something may happen with the building and the parking may go way. Mr. Bourdon: And that's why that's in there, someday they may redevelop that property. We would have to find parking or we would no longer be able to do short term rental until we found appropriate parking that either the zoning administrator approved of because as this thing evolves will know a lot more than we know today in terms of what our city council is going to want to do with this, or we'd have to come back to the process, so we had to stop using and come back to the process. We totally understand that that is a circumstance. Ms. Oliver: Anybody else? Thank you. Any other speakers? Ms. Sandloop:No, ma'am. Ms. Oliver: Okay, close the hearing and open it up amongst the commissioners. Mr. Wiener. Mr. Wiener: I have a question for Mr. Kemp. What's been brought up now by the applicant's representative, would this be approved to meet all the ordinances? Mr. Kemp: Well, I was reminded about the shared parking I misspoke in the informal that shared parking was submitted to us last week, I believe and staff looked at it. We did not approve it based on the time differences, staff believes that short term rental is a use that would need available parking 24/7, so we did not approve that, we looked at it and did not approve it. Correct Ms. Oliver: Anybody else, we've worked on this for so long, for two years and the one thing about it is without a doubt,the parking available for the short term rentals and being that it's not sufficient, I have a problem with that and staff is pretty good about making sure that everything is above and beyond the short term rentals and I'm just sort of having an issue with the fact that they can't meet the parking requirements and that's the one requirement which we monitor them all. Mr. Bourdon: I have no quarrel with the position that staff is taking because none of us know how this is all going to wind up. But I would just simply, I didn't say because I don't 3 want to get ahead of things that's what shared parking is for, is residential use parking in commercial and office lots I mean it's a conflict in what OR district says that's all, I just want to because I think it helps for the council to hear all of this. I'm not trying to argue with anybody,but the OR districts of shared parking, shared parking is so you do have hopefully a lot of use of the parking so it's not just used during the day and sit empty or used during the night and then because I've got another one it's the other way around that's going to be coming in a couple of months, you know in the same area where the office use, you know, wants to use residential parking in a residential apartments next to them. So I'm just wondering on the record, I'm truly not trying to be argumentative, but that's the conflict. Mr. Weiner: Mr. Bourdon, I want to say something. From the ordinance perspective, and when staff comes to us and says what they say,you know,we worked on this long enough and just like the lady that was up here before,you know,it meets the ordinance and it doesn't meet the ordinance, I mean, we have no, you know what I mean? Mr. Bourdon: I do, again, I can tell you. I've had no quarrel whatsoever, you know, with the recommendation because it's all new. And we all know, we all know there's tweaking that's going to need to be done on this ordinance. I mean,maybe this isn't one of the tweaks, I'm not saying it is, there isn't, but I just want to make sure that it's all on the record. I'm not here to try to, you know, to twist anybody's arms. It just,it says shared parking and that's what's shared parking is and when I come back in a month or two with the, the reverse situation where the office is going to ask to use parking in a residential, I didn't want it to go on set. Ms. Oliver: And the building looks really nice. They did a great job with it, thank you. Yes, Mr. Inman. Mr. Inman: I hear what everybody's saying. I really think that they have met the requirements on the parking but not really our call under the ordinance. It's not our call. It says it has to be the plan that means reviewed by the zoning administrator, not us. So it doesn't matter what we think about the parking apparently. So I think they did a pretty good job of figuring out alternative and I certainly agree with Mr. Bourdon that parking lot is about 80% empty 90% of the time. Mr. Ripley: And that parking is used for office use. Ms. Oliver: All right, we have a motion. Mr. Alacaraz: I appreciate what the staffs done. I think they've done the due diligence and I know we're going to have quite a few of these and some of them are going to be approved, some of them aren't, I've got to recommend denial of it. I am going with the staff's recommendations. 4 Ms. Oliver: Do we have a second? Mr. Weiner: I second. Ms. Cartwright: The vote is open. Ms. Sandloop: By recorded vote of 8-1, agenda items 19, 20 and 21 have been denied. AYE 8 NAY 1 ABS 0 ABSENT 2 ALCARAZ AYE BARNES ABSENT GRAHAM AYE HORSLEY NAY INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSM ABSENT WALL AYE WEINER AYE CONDITIONS 1. Approval of this Conditional Use Permit is contingent upon obtaining a Board of Zoning Appeals (BZA)variance for the deficiency of available off-street parking for the Short-Term Rental use or providing the appropriate number of off-street parking spaces as required by City Zoning Ordinance Section 241.2 and approved by the Zoning Administrator. 2. The following conditions apply to each individual unit requesting a Short-Term Rental Conditional Use Permit. A separate Conditional Use Permit and modification is needed for any additional units on the site wishing to operate as a Short-Term Rental. 3. Short-Term Rentals shall only occur in the unit(s) approved by City Council. 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 Depai anent 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 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. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31- 28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short-Term Rental. 12. 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. 13. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven(7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00)underwritten by insurers acceptable to the City. 6 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. 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. 7 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION CITIZENS COMMITTEEE ON BOARDS AND COMMISSIONS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 pmct raw(cuvbgov.com or call 385-4303. CITY COUNCIL RETREAT Virginia Beach Convention Center 1000 19th Street, Virginia Beach, VA 23451 Suite 1 C& 1D February 24th & 25th CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/04/2020 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T THEE E S S E O O E T IRYSSEHRNDN CITY MANAGER'S BRIEFINGS A. RESORT AREA STRATEGIC PLAN Kathy Wan-en, Strategic Growth Area (SGA)Manager— Planning and Community Development. B. LEASE OF CITY PROPERTY— Mark Johnson, LYNNHAVEN INLET Director—Public Works II-VI CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-E F. MINUTES A A B B 1. INFORMAL and FORMAL SESSIONS APPROVED 9-0 T Y Y Y Y Y Y Y T Y Y January 21,2020 A A t t N N E E D G. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE Princess Anne County MONTH Training School Union &Kempsville High School Alumni and Friends Association, Inc. African American Cultural Center H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY NO SPEAKERS 5.45 acres at Lynnhaven Inlet *This item was prematurely advertised and is not on the Agenda for consideration.As such,more public outreach will take place,and an additional Public Hearing will be held at a fitture date. 2. ACQUISITION,BY AGREEMENT OR 1 SPEAKER CONDEMNATION Property,temporary and permanent easements necessary for Elbow Road Extended Phase II- B Project,CIP#2-152 3. POLLING PLACE CHANGE 1 SPEAKER Brookwood Precinct to Brookwood Elementary School J.l Ordinance to AMEND City Code Section 10- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 1 re Brookwood Precinct Polling Place to CONSENT Brookwood Elementary School J.2 Resolution to ACCEPT the Final Hampton ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Roads Region—Norfolk and Virginia Beach CONSENT Joint Land Use Study CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/04/2020 PAGE: 2 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 O O C Y LNOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN J.3 Resolution to OPPOSE House Bill 152 and DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y any similar Bill that negates or limits Single- FEBRUARY 18,2020 Family Zoning Districts(Requested by Mayor Dyer,Vice Mayor Wood,and Council Member Moss) J.4 Ordinance to DESIGNATE as EXEMPT re DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Real and Personal Property Taxes(Deferred from January 21,2020): a. DC Art Institute of Virginia Beach,LLC b. DC South University of Virginia,LLC c. In Home Health,LLC J.5 Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City Property CONSENT known as Bass Inlet at the rear of 2901 Sandpiper Road re construct and maintain a pier J.6 Ordinances to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $173,233 from Virginia Department of Agriculture and Consumer Services to FY2019-20 Agricultural Reserve Program (ARP)Special Revenue Fund Operating Budget re reimburse for costs to acquire a preservation easement b. $30,000 from Virginia Department of Criminal Justice Services to FY2019-20 Police Department Operating Budget re overtime, purchase of equipment,travel,and training to enhance efforts to address internet crimes against children K.1 GREG MCMAKIN/MILLS COLLINS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LC for a Conditional Use Permit re bulk CONDITIONED storage yard at 4145 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN (Deferred from January 21,2020) K.2 TOWN CENTER ASSOCIATES 12,LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Use Permit re indoor CONDITIONED,BY recreation facility at 4621 Columbus Street CONSENT DISTRICT 5—LYNNHAVEN K.3 CEBT PROPERTIES,LLC for Conditional APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Use Permits re short-term rentals at: CONDITIONED,AS 317 26%2 Street AMENDED a.b. 320 27t Street&320 26'A Street c. 617 23'Street,Units 1&5 DISTRICT 6—BEACH(Deferred from January 7,2020) K.4 CEBT PROPERTIES,LLC/VB HOMES APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y DESIGN BUILD,LLC for a Conditional Use CONDITIONED,AS Permit re short-term rental at 402B 27'h AMENDED Street DISTRICT 6—BEACH(Deferred from January 7,2020) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/04/2020 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 D N OMO 0 L WO O C Y L NOUWS 0 T THEE E S S FOOE T I R Y S S ERNDN K.5 CEBT PROPERTIES,LLC/VB HOMES APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y DESIGN BUILD,LLC for a Conditional Use CONDITIONED,AS Permit re short-term rental at 400A 27th AMENDED Street DISTRICT 6—BEACH K.6 C AND C DEVELOPMENT COMPANY APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y for Conditional Use Permits re short-term CONDITIONED,AS rentals at: AMENDED a. 2416 Arctic Avenue b. 403 25th Street DISTRICT 6—BEACH(Deferred from January 7,2020) K.7 JOSHUA LIPPOLDT for a Conditional Use APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Permit re short-term rental at 2508 CONDITIONED,AS Mediterranean Avenue DISTRICT 6— AMENDED BEACH(Deferred from January 21,2020) K.8 ARMANDO&PATRICIA ELLIS for a APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Conditional Use Permit re short-term rental CONDITIONED,AS at 901 Park Landing Court DISTRICT 1— AMENDED CENTERVILLE(Deferred from January 21, 2020) K.9 JOHN BRADLEY GRIBBLE for a APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,AS rental at 512 9th Street DISTRICT 6— AMENDED BEACH K.10 WILLYNNE E.SIMMONS fora APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,AS rental at 1804B Baltic Avenue DISTRICT AMENDED 6—BEACH K.11 SOUAD BELMADANI for a Conditional APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Use Permit re short term rental at 1804C CONDITIONED,AS Baltic Avenue DISTRICT 6—BEACH AMENDED K.12 ELIZABETH ANNE GREGORY for a DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re short term INDEFINITELY rental at 635 South Atlantic Avenue DISTRICT 6—BEACH K.13 COASTAL ACCOMODATIONS,LLC/ APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y CHRISTOPHER HOLBERT for a CONDITIONED,AS Conditional Use Permit re short term AMENDED rental at 636 16's Street DISTRICT 6— BEACH K.14 TARA RYAN for a Conditional Use APPROVED/ 10-1 Y Y Y YYN Y Y Y Y Y Permit re short term rental at 933 Pacific CONDITIONED,AS Avenue,Unit B DISTRICT 6—BEACH AMENDED K.15 MICHAEL MATTHEWS fora APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,AS rental at 425 Lakewood Circle DISTRICT AMENDED 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/04/2020 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN OMO 0 L W 0 O C Y LNOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN K.16 LAWRENCE W.KLIEWER&BRUCE APPROVED/ 10-1 Y Y Y YYN Y Y Y Y Y E.PENSYL/OCEANFRONT ESCAPE, CONDITIONED,AS LLC.for a Conditional Use Permit re short AMENDED term rental at 4005 Atlantic Avenue,Unit 203 DISTRICT 6-BEACH K.17 LINDA URGO for a Conditional Use APPROVED/ 10-1 Y Y Y YYN Y YYYY Permit re short term rental at 4005 CONDITIONED,AS Atlantic Avenue,Unit 107 DISTRICT 6- AMENDED BEACH K.18 ROBERT L.STEPHENSON,JR./ APPROVED/ 8-3 Y Y Y NNN Y YYYY RYAN DUNLAP for a Conditional Use CONDITIONED,AS Permit re short term rental at 940 Indian AMENDED Circle DISTRICT 6-BEACH K.19 ROBERT L.STEPHENSON,JR.fora APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Conditional Use Permit re short term CONDITIONED,AS rental at 956 Indian Circle DISTRICT 6- AMENDED BEACH K.20 TROY PERRY&LESLIE SPASSER for APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y a Conditional Use Permit re short term CONDITIONED,AS rental at 396 58th Street DISTRICT 5- AMENDED LYNNHAVEN K.21 KELLY M.ALLEN for a Conditional Use APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y Permit re short term rental at 4215 CONDITIONED,AS Macarthur Road DISTRICT 3-ROSE AMENDED HALL K.22 CARLIN CREATIVE CONCEPTS, APPROVED/ 8-3 Y Y Y NNN Y Y Y Y Y LLC/OLIVER J.CARLIN for a CONDITIONED,AS Conditional Use Permit re short term AMENDED rental at 947 Fern Ridge Road DISTRICT 3-ROSE HALL K.23 ZACKARY NELSON for a Conditional APPROVED/ 8-3 Y Y Y NYN Y YNYY Use Permit re short term rental at 2916 CONDITIONED,AS Dante Place DISTRICT 3-ROSE HALL AMENDED K.24 Ordinance to AMEND Section 111 and DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD Section 209.7 to the City Zoning FEBRUARY 11,2020 Ordinance(CZO)re student worker housing (Requested by Council Member Tower) L. APPOINTMENTS: RESCHEDULED BY C ON S E N S US 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMI I I EE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -PLUMBING AND MECHANICAL DIVISION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/04/2020 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N O M O 0 L WC) O C Y L NOUWS O T THE E E S S E O O E T I R Y S S ERNDN BROADBAND STEERING COMMITTEE OLD BEACH DESIGN REVIEW COMMI F"1 EE OPEN SPACE ADVISORY COMMIT IEE PROCESS IMPROVEMENT STEERING COMMrl'1'EE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD BOARD OF ZONING APPEALS Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Elizabeth Kovner (Alternate) Unexpired Term thru 12/3 1/2024 CITIZENS COMMITTEE ON BOARDS Appointed: 10-0 Y Y Y Y Y Y Y Y Y A Y AND COMMISSION Larry Dotolo (Represents Process T Improvement Steering A Committee) Sylvia Strickland E Walter Camp D Eric Wray Jason Knight Jimmy Wood No Term HOUSING ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Lawrence Kliewer (Licensed Architect) Unexpired Term thru 9/30/2023 MILITARY ECONOMIC DEVELOPMENT Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMITTEE Joseph Strange (Represents Development Authority) Unexpired Term thru 2/28/2023 PLANNING COMMISSION Appointed: 11-0 Y Y Y YYY Y Y Y Y Y Robyn Klein (Represents Centerville District) 4 Year Term 2/4/2020-1/31/2024 John Coston 9-0 A Y Y Y Y A Y Y Y Y Y (At-Large) B a s s 4 Year Term T T 2/4/2020-1/31/2024 A A N N E E D D RESORT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Mike Eason Unexpired Term thru 12/31/2021 M/N/ ADJOURNMENT 9:44 PM 0 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/04/2020 PAGE: 6 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OM 0 0 L W O O C Y L N 0 U W S O T T HEE E S S E 00 E T I R Y S S E R NDN OPEN DIALOGUE 22 Speakers 11:00 PM