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HomeMy WebLinkAbout01-19-2021 SPECIAL FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 01141A•SPA MAYOR ROBERT M. "BOBBY"DYER,At Large SPA_ VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 �'4 0 JESSICA P.ABBOTT,Kempsville-District 2 > % Z MICHAEL F.BERLUCCHI,Rose Hall-District 3 U / V' �_ a BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 _ "` �+ JOHND.MOSS,At Large •=4. =-- AARONR.ROUSE,At Large °• 0. =o,°"' GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES SPECIAL MEETING PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS BY ELECTRONIC COMMUNICATION MEANS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES January 19,2021 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ELECTRONIC ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL UPDATE Wendy Hu, Acting Co-Director—Finance B. RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS David A. Bradley, Deputy City Manager III. CITY COUNCIL DISCUSSION Funding Allocation of Remaining Pandemic Funds IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. ELECTRONIC ROLL CALL OF CITY COUNCIL C. MINUTES 1. SPECIAL SESSION January 5, 2021 2. SPECIAL SESSION January 12, 2021 D. PUBLIC HEARINGS 1. PROPOSED CAFÉ FRANCHISE AGREEMENT 27th Atlantic, LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue 2. FRANCHISE FOR CITY-OWNED PROPERTY 15th Street Pier 3. POLLING PLACE CHANGE Bonney Precinct to Princess Anne High School E. FORMAL SESSION AGENDA 1. CONSENT AGENDA F. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT a Franchise Agreement for an Open Air Café in the Resort Area to 27th Atlantic, LLC,t/a Oscars Oceanfront Café at 2613 Atlantic Avenue re Boardwalk Café 2. Ordinance to GRANT a Franchise to Entertainment, Inc., for the use of City Property at the Oceanfront and 15t Street re operation of the Virginia Beach Fishing Pier 3. Ordinances to AMEND City Code Section: a. 10-1 re Bonney Precinct Polling Place to Princess Anne High School b. 18-92 re distinction between a pawnbroker and pawnshop for a business license 4. Ordinance to DECLARE 2.759+/- acres of land located at 212 Fair Lady Road and the vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Performance Collison Centers, LLC re construct an automotive repair garage 5. Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds in an amount not to exceed $39-Million re acquisition, renovation, rehabilitation, equipping, and improvement of a 208-Unit multifamily affordable residential housing facility for The Atlantis Apartments Project 6. Ordinance to AUTHORIZE five(5) full-time positions for Virginia Aquarium re staff the new South Building facility and accommodate new programming 7. Ordinance to SUSPEND City Code Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes for Calendar Year 2021 and APPROPRIATE $325,000 from fund balance reserved for Pandemic Relief to provide offsets (Requested by Council Member Tower) 8. Resolution to ADD a Legislative Request to the 2021 Legislative Agenda to support four (4) bills (Requested by City Council): a. Senate Bill 1119 re assist with costs of purchasing, operating and maintaining body-worn camera systems; b. House Bill 1859 re allow localities greater flexibility in administering Commercial Property Assessed Clean Energy (C-PACE) fmancing programs; c. House Bill 2042 re allow localities to adopt local tree replacement and planting ordinances that exceed previous minimum requirements to address recurrent flooding and comply with local comprehensive plan; d. House Bill 1738 re allow local governing bodies to create up to three (3) Outdoor Refreshment Areas (ORA)within their localities, authorizing patrons of restaurants or other businesses with an ABC retail license located in the area to leave the business and lawfully walk withing the ORA with an alcoholic beverage 9. Resolution to APPROVE a Memorandum of Understanding(MOU) with the Virginia Port Authority re placement of sand 10. Ordinance to EXTEND the date to satisfy the conditions to January 20, 2022 re closure of approximately 2,176 square foot unimproved portion of right-of-way adjacent to 770 Woodstock Road 11. Resolution to DECLARE the proposed location of Westview Apartments a Revitalization Area re qualify for Virginia Housing Financing 12. Ordinances to APPROPRIATE: a. $8,420,000 from the Fund Balance of the General Fund and AUTHORIZE a grant to the United Way of South Hampton Roads re provide emergency assistance to residents and small woman-owned and minority owned (SWAM) businesses b. $1.5-Million to a dedicated reserve re Virginia Beach Vaccination Initiative G. PLANNING 1. COLLIER& ASSOCIATES, LP for a Condition Change of Zoning from A-18, A-24 Apartment Districts &R-7.5 and R-10 Residential Districts to Conditional PD-H2 Planned Unit Development, R-7.5 Residential, A-24 & A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352, 2348 &4701 Windway Lane; 4753 Birdsong Lane; 2324 & 2336 Pleasure House Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. PERFORMANCE COLLISION CENTERS,LLC, & THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from R-5D Residential District &A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit re automotive repair garage at 212 Fair Lady Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KIM DEROCHEBLAVE BARKER for a Conditional Use Permit re short term rental at 3625 East Stratford Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. RED LION PROPERTIES, LLC, for a Conditional Use Permit re short term rental at 401 21' Street, Unit 5 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. SCOTT & JEANNIE WILLIAMS for a Conditional Use Permit re short term rental at 223 64th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. 4500 OCEANFRONT, LLC, for a Conditional Use Permit re short term rental at 4500 Ocean Front Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. WALTER LEE BURNETTE for a Conditional Use Permit re short term rental at 926 Maryland Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION - DENIAL 8. JAMES & KELLY TREBOUR for a Conditional Use Permit re short term rental at 939 Maryland Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. WRIGHT TURN, LLC,for a Conditional Use Permit re short term rental at 938 Delaware Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL H. UNFINISHED BUSINESS I. NEW BUSINESS J. 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. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=eb24f20e2f4d7ef8fff3 76758ce5d 5247 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on January 19, 2021. a�401.11A•Bt40 ..004"7 or 1 City of Vir i_rua Beach SZ DF OUR NW° VBgov.com ROBERT M.'BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)3854581 FAX(757)385-5699 January 14, 2021 BOYER®vBGOV.COM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of the 2020 Acts of Assembly as amended, and by the authority vested in me as Mayor of the City of Virginia Beach,I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINL4 BEACH CITY COUNCIL Tuesday,January 19,2021 4:30 P.M. This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio conference. The purpose of this SPECIAL MEETING is to allow the City Council to hold a regularly scheduled meeting regarding the items listed in the published Agenda. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MT1D=eb24f20e2f4d 7ef 8f f376758ce5d5247 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes(dvbgov.com prior to 5:00 p.m. on January 19, 2021. The City Council meeting will be streamed live on www.vbgov.co7n and Facebook Live, and will be recorded for rebroadcast on Cable TV Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ELECTRONIC ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL UPDATE Wendy Hu, Acting Co-Director—Finance B. RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS David A. Bradley, Deputy City Manager III. CITY COUNCIL DISCUSSION Funding Allocation of Remaining Pandemic Funds IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. ELECTRONIC ROLL CALL OF CITY COUNCIL C. MINUTES 1. SPECIAL SESSION January 5, 2021 2. SPECIAL SESSION January 12, 2021 D. PUBLIC HEARINGS 1. PROPOSED CAFÉ FRANCHISE AGREEMENT 27th Atlantic, LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue 2. FRANCHISE FOR CITY-OWNED PROPERTY 15t Street Pier 3. POLLING PLACE CHANGE Bonney Precinct to Princess Anne High School ^,y1ec °Diyh: �f�ar ? • ,,,...„.... ..„,„ la.e,,..rt'" PUBLIC NOTICE In accordance with Virginia Code § 2.2- 3708.2,Virginia Code§ 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020,and Chapter 1289 of the 2020 Acts of Assembly as amended,a Virtual Public Hearing of the Virginia Beach City Council will be held on Tuesday,January 19,2021 at 6.'00 p.m. This public hearing will be held by electronic communication means. The hearing will be regarding a proposed café franchise agreement for City-owned property located at the following location: 2613 Atlantic Avenue to 27th Atlantic, LLC, t/a Oscars Oceanfront, for a Boardwalk Café. The purpose of the hearing will be to obtain public comment on the proposed franchise agreement on City property.Copies of the franchise agreement are on file in the City Clerk's office. Any questions concerning the above-referenced franchise should be directed to Kathleen Warren, Strategic Growth Areas Office,by calling(757)385- 2900. If you are physically disabled or vlsually 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). If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at ptt: ,nvoe webex rom/vbeov/o pcte i/enhn2MTlD=eh24f70e714 ri 7efRfN97675Are515247 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m.on January 19,2021. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JANUARY 10,2021 u'�1 ..,,.. 4, .....„,. 4._ r,) PUBLIC HEARING FRANCHISE OF CITY PROPERTY The City Council of Virginia Beach, Virginia at its formal session on Tuesday, January 19,2021 at 6:00 PM will conduct a public hearing. The public hearing will be held virtually and participation shall be by the method prescribed below. The purpose of this hearing will be to obtain public comment on the City's proposed grant of a franchise for the following City- owned property: The pier property, generally known as the"15' Street Pier", extending from the Boardwalk over the sandy beach and into the Atlantic Ocean generally east of 15.^Street in the City of Virginia Beach. 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. Any questions concerning this matter should be directed to the City of Virginia Beach, Resort Management Office, 2101 Parks Avenue,Suite 302,Virginia Beach, VA 23451 or call 757-385-4800 If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: lotus//vbnov.webr-s.uunt/v pvov/nnstaae/p nhn'7MTIf) =eb24f20e2f4d 7efRfff376 758ce5d5247 2. Register with the City Clerk's Office by calling 757-385-303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on January 19,2021. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JANUARY 10,2021 i sft ir"rS O.i .. arg� 3 i�a1Sif:eSA'1' L�KII vie° PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE BONNEY PRECINCT The City Council of Virginia Beach, Virginia at its formal session on January 19, 2021 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling place for the Bonney Precinct. The public hearing will be held virtually and participation shall be by the method prescribed below. If adopted,the new polling location for the Bonney Precinct would be Princess Anne High School. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registrars 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 3854303;Hearing Impaired,call: TDD only 711(TDD-Telephonic Device for the Deaf). If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at pttos//vbeov wetwx com/x jtpnv/nnctann/v nhn'?MTIR =eh24f20e2f4d 7af Afff 97 fi 758ce5d5247 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on January 19,2021. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON - JANUARY 10 & 17, 2021-1 TIME EACH E. FORMAL SESSION AGENDA 1. CONSENT AGENDA F. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT a Franchise Agreement for an Open Air Café in the Resort Area to 27th Atlantic, LLC, t/a Oscars Oceanfront Café at 2613 Atlantic Avenue re Boardwalk Café 2. Ordinance to GRANT a Franchise to Entertainment, Inc., for the use of City Property at the Oceanfront and 15th Street re operation of the Virginia Beach Fishing Pier 3. Ordinances to AMEND City Code Section: a. 10-1 re Bonney Precinct Polling Place to Princess Anne High School b. 18-92 re distinction between a pawnbroker and pawnshop for a business license 4. Ordinance to DECLARE 2.759+/- acres of land located at 212 Fair Lady Road and the vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Performance Collison Centers, LLC re construct an automotive repair garage 5. Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds in an amount not to exceed $39-Million re acquisition, renovation, rehabilitation, equipping, and improvement of a 208-Unit multifamily affordable residential housing facility for The Atlantis Apartments Project 6. Ordinance to AUTHORIZE five(5) full-time positions for Virginia Aquarium re staff the new South Building facility and accommodate new programming 7. Ordinance to SUSPEND City Code Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes for Calendar Year 2021 and APPROPRIATE $325,000 from fund balance reserved for Pandemic Relief to provide offsets (Requested by Council Member Tower) 8. Resolution to ADD a Legislative Request to the 2021 Legislative Agenda to support four (4) bills (Requested by City Council): a. Senate Bill 1119 re assist with costs of purchasing, operating and maintaining body-worn camera systems; b. House Bill 1859 re allow localities greater flexibility in administering Commercial Property Assessed Clean Energy (C-PACE) fmancing programs; c. House Bill 2042 re allow localities to adopt local tree replacement and planting ordinances that exceed previous minimum requirements to address recurrent flooding and comply with local comprehensive plan; d. House Bill 1738 re allow local governing bodies to create up to three (3) Outdoor Refreshment Areas (ORA)within their localities, authorizing patrons of restaurants or other businesses with an ABC retail license located in the area to leave the business and lawfully walk withing the ORA with an alcoholic beverage 9. Resolution to APPROVE a Memorandum of Understanding(MOU) with the Virginia Port Authority re placement of sand 10. Ordinance to EXTEND the date to satisfy the conditions to January 20, 2022 re closure of approximately 2,176 square foot unimproved portion of right-of-way adjacent to 770 Woodstock Road 11. Resolution to DECLARE the proposed location of Westview Apartments a Revitalization Area re qualify for Virginia Housing Financing 12. Ordinances to APPROPRIATE: a. $8,420,000 from the Fund Balance of the General Fund and AUTHORIZE a grant to the United Way of South Hampton Roads re provide emergency assistance to residents and small woman-owned and minority owned (SWAM) businesses b. $1.5-Million to a dedicated reserve re Virginia Beach Vaccination Initiative tj (L fi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement for an Outdoor Café in the Resort Area MEETING DATE: January 19, 2021 • Background: City Council adopted revised regulations for outdoor café franchises ("Revised Regulations") on October 20, 2020. The Revised Regulations simplify the outdoor café franchise program and allow more flexibility for outdoor café owners and operators to keep pace with current standards in construction, design and materials. The City has developed a franchise agreement for the regulation of outdoor cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an outdoor café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: 27th Atlantic, LLC, t/a Oscars Oceanfront Cafe, is seeking a one- year franchise agreement for the operation of a Boardwalk Café at 2613 Atlantic Avenue. • Public Information: A public notice was published in The Beacon on January 10, 2021 . ■ Attachments: Ordinance, Disclosure Form, Café Location Map, Plans and Elevations Recommended Action: Adopt Ordinance Submitting Departme Agency: Strategic Growth Area Office City Manager: 9 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OUTDOOR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations") on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, 27th Atlantic, LLC, t/a Oscars Oceanfront Cafe, is seeking a one- 24 year franchise agreement for operation of a Boardwalk Café at 2613 Atlantic Avenue; 25 and 26 27 WHEREAS, the Strategic Growth Area Office recommends that the above- 28 named entity be granted an outdoor café franchise agreement. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH: 32 33 That the City Council hereby grants 27th Atlantic, LLC, t/a Oscars Oceanfront 34 Cafe, a one-year franchise agreement for the operation of a Boardwalk Café at 2613 35 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this day of 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Iabs 45, Strategic Growth Area Office City Attorney's Office m a> LL o 001-N in z N � I 3 / N 0 0 I T LU 0 I - ,,W 1 c.i ask a r — goardw_ Beach cc w a vktolka a CD - - NPIAO°. 0 (1) V M ti), \\ °001 ---\ \ o \ zo a N , �N Q Occ ilit 1.____- f-, ti 1\1 — N Avenv► -- - — • Atha t� u_ --!' Avenue o cn N c 0, ZI IX a N Aga ‘ 0� Cl) a` N m 0_ ; s\ \ tc-,1 11:1 cc 0 + ,. I ..- i ril fili IN LW I i 1 I : '1 0 't • I Pi 0 89 je Ile tir 11'lie ft i:-... - I r 0 I: 1 5r 0 u • v) ...., CD ,,, u.z ., I , , 1,.. 1 i s. s ti I' IT% fi 8E1 - , 1 - EL- N 1:Y i 1 i 2 if i ' I i = E 2s z z ' 1 1 R 9 1 rti 11 0 0 0 . . 'S.:......... A,. .. . ......... ,„r ,.. 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LLJ I3 11 _ __—__ -.-......- It ' -• 4 ...."4 1 II ,-• . , - -- - , - Tr -, ------ ---- - . . : .. , _., _ ... i, 1-, 1 Mr al 1 ,•- •'•!'‘ v.', . C3 _,.., r , 1. 1.1. ,,,_- CNI .i",', 4 I'7• ' I. Z.;'l ... ..':''' .. I 1 I •••v A MINN• , .... s 4- 7-77 . Li: ' , 2 ii'1/4 ' i , . 1 0 1 ......, [ _Alo: ) ?. t , :, 1 ,-1.• i [ _ —. i • a -01 --' ' a 1 ',.-------- a 1 ta 11, C • i 1 : I , Z Z 77:, 7s -:_i 0 z • ,. L.r- fl, '—•• --:' ' 0 MI - 1 -,... z La. . ' 1. :it. i I I, ' ', 1-."- a. • I ! '' „Ze t i A I= S .., LLI I -- - FE LLI I- I- Ill CC u) , 1 ,..2-.. A, ....- .._,4, 3...., -, CC 0 ____ 0 z w ATLANTIC AVENUE • . . � Because of the length of the ground lease, no owner disclosure was required. 0 ri g 1 Ail o ? 0 N s E V bo IN a. N CD0 cdr \ E Y+I r l4 3 o o v, � a � � � � � � o e oie A L+ It '0 ". op� prioo� 00 ONo 0� y [+ �OI� � ON OTOtnMOM00p0 rW{-r o by .�., . rym � t��, M n ��O, �Otnv� 0 �' 1= a 1: t N F HI I a x a a a u x i =r, N�p N g b Liay g) T lj py q OG 1g Poi $ 1.4 ,4 .g 1 G Qpd L„) agi 5N 45 Q . C re, d N d 0 . Uo d . Vp W .4N I A QaxG46A .. M04 t 1 U Virginia Beach APPLICANT'S NAME 27th ATLANTIC, 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/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s) APPLICANT NOTIFIED OF HEARING DATE: ID NO CHANGES AS OF DATE. ❑ REVISIONS SUBMITTED DATE: .1kB Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 27th Atlantic, LLC If an LLC, list all member's names: A. Russell Kirk, Daniel A. Hoffler, Bruce B. Smith & 27th Street Holdings, LLC* Managers: A. Russell Kirk, Daniel A. Hoffler, Bruce B. Smith (*see attached) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: Sea Oaks Corporation of Virginia 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) Chris Theodosiou - President/Treasurer/Director(deceased) Christina J. Voliva -Vice President/Secretary (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. 0 • 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 VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if 1 needed) 0 II Accounting and/or preparer of your tax return a 0 Architect / Landscape Architect / Beatty Harvey Coco Architects, LLP Land Planner Contract Purchaser (if other than El © the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Z purchaser of the subject property (identify purchaser(s) and purchaser's service providers) X❑ Construction Contractors AHP Construction, LLC IZIEngineers /Surveyors/Agents vhb; Kimley Horn &Associates Financing (include current Virginia Housing Development El ❑ mortgage holders and lenders Authority selected or being considered to provide financing for acquisition or construction of the property) [II Li Legal Services Faggert&Frieden, P.C. Real Estate Brokers / S.L. Nusbaum Realty Co. © 0 Agents/Realtors for current and anticipated future sales of the subject property + t 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 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 meetin f any public body or committee in connection with this Application. A. Russell Kirk, Manager l APPLICANTS SI NATURE PRINT NAME DATE Page 5 of 7 0u fr ..."* r; CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance Granting a Franchise to Entertainment, Inc. for the Use of City Property at the Oceanfront and 15th Street for the Operation of the Virginia Beach Fishing Pier PUBLIC HEARING DATE: January 19, 2021 MEETING DATE: January 19, 2021 • Background: The City of Virginia Beach (the "City") owns the property (to the mean low water line) on which the existing fishing and amusement pier at the eastern terminus of 15th Street (the "Pier") is constructed. The Virginia Beach Pier and Amusement Company and its successors ("VBPAC") has operated the Pier under a series of franchise agreements with the City since 1962. The original franchise agreement was for a term of twenty years. The last franchise was granted by the City to Entertainment Inc. (a successor in interest to VBPAC) on October 14, 2014, and expired on October 31 , 2019. Entertainment Inc. has been operating the Pier on a month-to- month basis since that time. Entertainment Inc. has approached the City and requested a new franchise to allow it to continue operating the Pier. The term of this franchise would be for two years with three additional one-year renewal options. • Considerations: The initial term of the franchise will be effective as of February 1, 2021 until January 31, 2023. Other terms and conditions are set forth in the Summary of Terms, attached to the Ordinance as Exhibit A. As with past agreements, Entertainment, Inc. is required to maintain the Pier and make repairs as needed. • Public Information: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia, and public notice via the normal city Council agenda process. The public hearing will be held on January 19, 2021 . • Alternatives: Adopt the ordinance as presented, change any conditions or terms of the franchise agreement or disapprove the ordinance. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Resort Management Office City Manager: 19 1 AN ORDINANCE GRANTING A FRANCHISE 2 TO ENTERTAINMENT, INC. FOR THE USE 3 OF CITY PROPERTY AT THE OCEANFRONT 4 AND 15TH STREET FOR THE OPERATION 5 OF THE VIRGINIA BEACH FISHING PIER 6 7 WHEREAS, on May 11 , 1962, the City Council originally granted a twenty-year 8 franchise to Virginia Beach Pier and Amusement Company ("VBPAC") at the oceanfront 9 and 15th Street for the construction and operation of a fishing and amusement pier (the 10 "Pier") on City-owned property; 11 12 WHEREAS, since the expiration of the original twenty-year franchise, additional 13 short-term franchises have been granted to the VBPAC's successor, Entertainment, 14 Inc.; 15 16 WHEREAS, the current franchise expired on October 31, 2019, and 17 Entertainment, Inc. desires to continue operating the Pier and its related facilities; 18 19 WHEREAS, Entertainment, Inc. would be responsible for maintaining the Pier 20 and making repairs as needed; 21 22 WHEREAS, City staff has recommended to the City Council that a franchise be 23 awarded to Entertainment, Inc. for a two-year term, with three additional one-year 24 renewal options; and 25 26 WHEREAS, based on the staff's recommendation and the Pier's long-time 27 existence, the City Council finds that granting a franchise for up to five years for the 28 operation of the Pier will promote the public interest and serve to enhance the festive 29 atmosphere at the oceanfront. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That a franchise is hereby granted to Entertainment, Inc. to operate the 35 Virginia Beach Fishing Pier at its existing location effective February 1, 2021 until 36 January 31, 2023, with three additional one-year renewal options. 37 38 2. That the City Manager, or his designee, is hereby authorized to execute 39 the franchise agreement with Entertainment, Inc. in accordance with the Summary of 40 Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 41 conditions and modifications deemed necessary and sufficient by the City Manager and 42 in a form deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 45 of , 2021 . 1 APPROVED AS TO CONTENT: APPROVED AS TO SUFFICIENCY: (t-Z -Se ment Offs City Attorney CA14221 V:lappicadonsic hyiewprodlcycom321 W pd oa1O0281 PO021DOO4C 994AOC R-1 January 8, 2021 2 EXHIBIT A SUMMARY OF TERMS Proposed Franchise For The Virginia Beach Fishing Pier (the "Pier") Grantor: City of Virginia Beach Grantee: Entertainment, Inc. Franchise Property: "Pier Property" as set forth on Exhibit B (attached). The City owns the property from the sandy beach to the mean low water line. The Commonwealth of Virginia owns the bottomlands east of the City property. Initial Term: February 1, 2021 through January 31, 2023. Renewal Options: Three (3) additional one-year renewal options. Options only exercised on mutual agreement of both parties. Franchise Fee: $20,000 for each year of the franchise, to be paid in equal installments on the 15th of each June, July, August and September of each year. Responsibilities of Grantee: • Shall keep Pier and Pier Property in good condition and repair. • Shall provide commercial liability coverage including product liability coverage in the amount of not less than $1,000,000 (CSL). • Shall indemnify and hold harmless the Grantor for all claims, damages or losses resulting from Grantee's operation, occupancy and use of the Pier and Pier Property or the conduct of its operation, or resulting from the negligence or intentional acts or omissions of the Grantee. • Shall maintain financial reserves of at least $100,000 at all times to be used to repair or remove Pier in event of damage or destruction. • Shall be responsible for payment of all applicable taxes in connection with the use of the Pier Property. • Grantee has obtained an inspection report of the Pier from SPC Structural Engineers dated April 8, 2020. Grantee agrees to implement the recommendations of that report. Permitted Uses: • Rental and sale of bait and tackle for fishing. • One or more restaurants with a maximum area of 4,600 square feet each. • Retail stores engaged in the sale of tourist-related merchandise, goods and/or services. However, the sale of time shares shall be permitted only from a specified kiosk on the Pier. Rights and Responsibilities of Grantor: • Shall have the right to inspect the Pier and the Pier Property at all reasonable times with or without notice to the Grantee. • Shall have the right to cancel and terminate the franchise on written notice to the Grantee upon failure of the Grantee to cure a default or a breach of the terms and conditions of the franchise. • Shall have the right, with no compensation to the Grantee, to photograph the Pier, including the interior and exterior thereof, any persons on and about the Pier and the name of the Grantee's establishments, and to use any such photographs in any of the Grantor's publicity or advertising. Special Conditions: • From November 1 through January 6 of each year, the Grantor shall have the right to place on the Pier electric lights, electrical wiring, temporary junctions or fuse boxes and such other equipment needed by Grantor in connection with a holiday light display on the Virginia Beach oceanfront boardwalk of the type currently known as "Holiday Lights at the Beach". • Franchise is assignable upon written consent of the City, which consent may be denied for any reason. EXHIBIT B PIER PROPERTY: As used in this Agreement, the term "Pier Property" shall refer only to the area of land under and/or immediately contiguous to the Pier, which is a portion of the following described real property: All that certain strip, tract or parcel of land lying in the City of Virginia Beach, Virginia, lying east of the Entertainment, Inc. Tract (as defined below), being bounded on the west by the Entertainment, Inc. Tract, on the east by the low water mark of the Atlantic Ocean, on the north by an extension into the Atlantic Ocean of the northern line of the Entertainment, Inc. Tract, and on the south by the extension into the Atlantic Ocean of the southern line of the Entertainment, Inc. Tract, together with all ways, water courses, riparian rights, privileges and appurtenances to the same belonging. ENTERTAINMENT INC. TRACT The "Entertainment, Inc. Tract" is described as follows, but the Entertainment, Inc. Tract is not a part of the Pier Property: All that certain tract, piece or parcel of land, together with all the buildings, appurtenances and riparian rights thereto belonging, including all piers, wharves and structures thereon and extending eastwardly therefrom, located in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point in the eastern line of Atlantic Avenue 92 feet and 6 inches north of the intersection of the northern line of 14th Street with the eastern line of Atlantic Avenue, and running thence northwardly along the eastern line of Atlantic Avenue 289 feet and 6 inches to a point in the eastern line of Atlantic Avenue; thence eastwardly and parallel with 14th Street 150 feet to a point; thence southwardly parallel with Atlantic Avenue 289 feet and 6 inches to a point; thence westwardly parallel with 14th Street, 150 feet to the point of beginning; it being a portion of Block 1 as shown on the plat of property of Norfolk and Southern Railroad dated April 2, 1914, and recorded in the aforesaid Clerk's Office in Map Book 6 at page 320. • a 2 z 0 a 4 till) .1 4' , I I 1.: • 4 4 ,'.'',. .l.— illi* 4i ? � st.. , ------- \Il CO Os_ Q to▪ 0 E• E ai a) o Ili U o t 3 Y a o Q , ' "� LPL s'r1 ,4 .fir..,.` . o ., . , „‘ .„,.. „.._ ,. . Disclosure Statement City of i'iiyinia Bead, Planning & CommunityDevelopment The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Entertainment Inc. Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. RJ Nutter,Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Robert Lachman-President, Brian Murden-Vice President, Betty Lachman-Secretary/Treasurer • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Virginia Beach Fishing Pier,Inc. "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosure Statement AtI3 City of Virginia Beach Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm or individual providing the service. Patrick Schuler-Dixon,Hughes,Goodman 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes NI No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement 'NB city ofYi'5n ! beach Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? U Yes ❑ No • If yes,identify the engineer/surveyor/agent. Carter Sinclair 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?In Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. RJ Nutter,Troutman Pepper Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature L A(7 k-}ltit k k/ Print Name and Title //syai Date Is the applicant also the owner of the subject property? IIE Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name 3 Disclosure Statement City of Virginia Beach Planning &Community Development Continue to Next Page for Owner Disclosure 4I Disclosure Statement City of Virginia Beath Planning & Community Development Owner Disclosure Owner Name Applicant Name Entertainment Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosure Statement City of Virginia Beach Planning & Community Development _- Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the engineer/surveyor/agent. 6IPage Disclosure Statement City of Virginia Beach Planning &Community Development _ 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date 7IPa ,= e Nlh% i1 ' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for the Bonney Precinct MEETING DATE: January 19,2021 a Background: The Virginia Beach Electoral Board voted on December 17, 2020 to move one polling location. The necessary location change to the Bonney Precinct is because the Discovery Church no longer wants to host elections. The new location will be at Princess Anne High School, located at 4400 Virginia Beach Blvd, 23462. ■ Considerations: Princess Anne High School meets all applicable requirements of the Americans with Disabilities Act. This change in polling location will become effective upon approval by the City Council, beginning with the June Primary. All voters in the Bonney Precinct will receive a new voter notice with the name and address of the new polling location. An advertisement will be placed in the newspaper prior to the June Primary. • Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of this proposed change was published in the newspaper once a week for two consecutive weeks, and a public hearing will be conducted during the January 19, 2021 City Council meeting. ■ Recommendations: Adopt the proposed change. • Attachments: Ordinance; Map Recommended Action: Approval SubmittingDe artment/A enc : Voter Registrar l/ P 9 Y e9 City Manager: "frO 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 BONNEY PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 Section 10-1 of the City Code are hereby amended and reordained to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their respective 16 polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Woodstock Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Discovery Church 29 Princess Anne High School 30 Brandon Brandon Middle School 31 Brookwood Brookwood Elementary School 32 Buckner Green Run Baptist Church 33 Cape Henry Research and Enlightenment Building (Edgar 34 Cayce Library) 35 Capps Shop Back Bay Christian Assembly 36 Centerville Centerville Elementary School 37 Chesapeake Beach Bayside Baptist Church 38 Chimney Hill Rosemont Elementary School 39 College Park College Park Elementary School 40 Colonial Colonial Baptist Church 41 Colony Lynnhaven Colony Congregational Church 42 Corporate Landing Corporate Landing Middle School 43 Courthouse Kellam High School 44 Creeds Oak Grove Baptist Church 45 Cromwell Landstown High School 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Dam Neck Corporate Landing Elementary School 49 Davis Corner Bettie F. Williams Elementary School 50 Eastern Shore Eastern Shore Chapel 51 Edinburgh St. Aidan's Episcopal Church 52 Edwin Kempsville Middle School 53 Fairfield Kempsville Presbyterian Church 54 Foxfire Wave Church 55 Glenwood Glenwood Elementary School 56 Great Neck All Saints Episcopal Church 57 Green Run Green Run Elementary School 58 Haygood Haygood United Methodist Church 59 Hillcrest New Castle Elementary School 60 Holland Holland Elementary School 61 Homestead Providence Presbyterian Church 62 Hunt Princess Anne Recreation Center 63 Independence Water's Edge Church 64 Indian Lakes Indian Lakes Elementary School 65 Indian River San Lorenzo Spiritual Center 66 Kings Grant St. Nicholas Catholic Church 67 Kingston King's Grant Presbyterian Church 68 Lake Christopher New Covenant Presbyterian Church 69 Lake Joyce Morning Star Baptist Church 70 Lake Smith Bayside Church of Christ 71 Landstown Landstown Community Church 72 Larkspur St. Andrews United Methodist Church 73 Lexington Larkspur Middle School 74 Linkhorn Virginia Beach Community Chapel 75 Little Neck Lynnhaven United Methodist Church 76 London Bridge London Bridge Baptist Church 77 Lynnhaven Cape Henry Church 78 Magic Hollow Virginia Beach Moose Family Center 79 Malibu Malibu Elementary School 80 Manor Providence Elementary School 81 Mt. Trashmore Windsor Woods Elementary School 82 Newtown Good Samaritan Episcopal Church 83 North Beach Galilee Episcopal Church 84 North Landing Hope Haven 85 Ocean Lakes Ocean Lakes Elementary School 86 Ocean Park Bayside Community Recreation Center 87 Oceana The Gathering at Scott Memorial United 88 Methodist Church 89 Old Donation Calvary Baptist Church 90 Pembroke Pembroke Elementary School 91 Pinewood Lynnhaven Presbyterian Church 92 Plaza Lynnhaven Elementary School 93 Pleasant Hall Emmanuel Episcopal Church 94 Point O'View Point O'View Elementary School 95 Red Wing Seatack Elementary 96 Rock Lake Salem Elementary School 97 Rosemont Forest Rosemont Forest Elementary School 98 Roundhill Salem High School 99 Rudee W. T. Cooke Elementary School 100 Salem Woods Parkway Elementary School 101 Sandbridge Tabernacle United Methodist Church 102 Seatack Mount Olive Baptist Church 103 Shannon Church of the Ascension 104 Shelburne Christopher Farms Elementary School 105 Shell Unity Church of Tidewater 106 Shelton Park Shelton Park Elementary 107 Sherry Park St. Matthews Catholic Church 108 Sigma Red Mill Elementary School 109 South Beach Contemporary Art Center of Virginia 110 Stratford Chase Kempsville Area Library 111 Strawbridge Strawbridge Elementary School 112 Tallwood Taliwood Elementary School 113 Thalia Thalia Elementary School 114 Thoroughgood Independence Middle School 115 Timberlake White Oaks Elementary School 116 Trantwood Great Neck Baptist Church 117 Upton Three Oaks Elementary School 118 Village Thalia Lynn Baptist Church 119 Windsor Oaks Windsor Oaks Elementary School 120 Witchduck Bayside Presbyterian Church 121 Wolfsnare Virginia Beach Christian Life Center 122 Central Absentee Voter Agriculture/Voter Registrar Building 123 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: oter R istrar C. ey's Office CA15294 R-1 January 7, 2021 MAP: Bonney Precinct Polling Location Change m a a ¢ z L =y Q it c c w a ^rn '`' e St Thalia ES 4- O e- v inaM@ 028 Thalia o < Penc.hss Anne [/-rnr -h, fimad Si a11x•1 j Thalia tin Baptist Churdi LI = C ,.r 07 •illage '.t.is 17 I'' n,rill T, Rite�I Thalia c I,an i.E.St - - Su Ahern fil.J. - •-,ana.sl B,.,re . ... -. Park II, i " X t.I:nl,n Rd �I Thalia Tressle View Village Or' 4L G` C,1T •.I; -RI tr < 4 g �a ? 55t r., - - .� 30re t p• Pocahontas ,. — tW atki-_.r Village O _ a Discovery Churd, - S' 1040 Bonney t_..- q,^w` '��`^� -. ,'fie Southern Firs 1 ... r,_ 1'4' `fog Ge C.'nrv_•.4..t �,...,, + ,� 'i,� d �'4 O ' 9� t � ^ +r....�.....,r. sown •:a,. C Ifa•rertux•A:r ¢'r• l I( -.:fn.--...,-„„ Unwers Sx -. 4F r q S]:..rl ft-.-0 ��s' Powells '{ Bonney Moot �7q 4. , Crossroads ''Yu Vo" s ,t1 h Move precinct 040, Bonney,from the Discovery Church to Princess Anne High School. t w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 18-92 of the City Code Regarding Business License Requirements of Pawnshops MEETING DATE: January 19, 2021 • Background: Pawnbrokers are required to obtain a permit from the Chief of Police, and the requirements for such permit are set forth in the Virginia Code. Recent General Assembly action requires the holder of a pawnbroker permit to be a natural person. As authorized in the natural person legislation, the City Council adopted a resolution to delay the natural person requirement for one year. That action allowed the pawnbrokers that obtained 2019 business licenses, which included both natural persons and corporate entities, the ability to renew such licenses for calendar year 2020. The General Assembly did not act to change the natural person requirement in its 2020 session. The natural person requirement for pawnbrokers is aligned with the public safety purposes that animate the state law permit. These requirements generally seek to avoid transfers of stolen property. The focus of the City's business license is different. The City's business license raises revenue for the City, and it ensures compliance with certain regulatory matters. • Considerations: The attached ordinance changes the business type for which a license is required from "pawnbroker" to "pawnshop." This distinction avoids forcing a specific business model upon those pawnshops operating within the City. This ordinance maintains the current business license tax treatment of pawnshops, and it includes the requirement that the operator of a pawnshop have a pawnbroker's permit. This ordinance does not change the existing permit requirements for pawnbrokers. Those requirements are found in City Code § 18-32 and applicable sections of state law. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep rtm t/Agency: Commissioner of Revenue City Manager: /li 1 AN ORDINANCE TO AMEND SECTION 18-92 OF THE CITY 2 CODE REGARDING BUSINESS LICENSE 3 REQUIREMENTS OF PAWNSHOPS 4 5 SECTION AMENDED: § 18-92 6 7 WHEREAS, the General Assembly has modified the definition of"pawnbroker" in 8 a manner that requires a distinction in the City's Business License Code between a 9 pawnbroker and a pawnshop; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 Section 18-92 of the City Code is hereby amended and reordained to read as 15 follows: 16 17 Sec. 18-92. —Pawnbrokers. Pawnshops. 18 19 (a) The license tax rate for every person engaged in business as a pawnshop 20 pawnbroker shall be 0.36 percent of the gross receipts in such business during the 21 preceding calendar year. 22 23 , 24 , 25 26 j (c) No license to engage in business as a pawnshop pawnbroker in the city shall be 27 issued under this chapter unless the applicant therefor shall produce to the 28 commissioner of the revenue the license required by§54.1-4001 of the Code of Virginia, 29 as amended. 30 31 32 33 , 34 , 35 36 37 38 39 , 40 abdication. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .(itk Commissio+nertpf the Revenue i mey s Office f CA15297 / R-1 /December 29, 2020 ...)::::7„_. _ ':', -,,:ti, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance declaring the property located at 212 Fair Lady Road (GPIN 1497- 93-5053) and the vacant lot at the intersection of Fair Lady Road, Elon Drive and London Bridge Road (GPIN 1497-92-4465) to be in excess of the City's needs and authorizing the City Manager to sell same to Performance Collision Centers, L.L.C. PUBLIC HEARING DATE: JANUARY 5, 2021 MEETING DATE: JANUARY 19, 2021 • Background: The City owns the 2.759+/- acre parcel of land located at 212 Fair Lady Road (GPIN 1497-93-5053) and the 10,369+/- sq. ft. lot at the intersection of Fair Lady Road, Elon Drive, and London Bridge Road (GPIN 1497-92-4465). The larger parcel is an assemblage of parcels acquired by 1) voluntary sale for the Oceana and Interfacility Traffic Area Conformity and Acquisition Program (the "BRAC Program) in 2007-2008 and 2) by a mixture of condemnation and voluntary acquisition for the London Bridge Road Project (the "Road Project") between 1995 and 2001. The smaller parcel is a residual lot acquired in 2001 by condemnation as part of the Road Project. Collectively, the two parcels are referenced herein as the "Property." The Property is situated in Accident Potential Zone 1 ("APZ-1") and the highest noise zone. As part of the City's AICUZ restrictions, the Property is restricted to compatible uses. In 2008, the City adopted the APZ-1 Master Plan to guide the disposition of acquired properties and development in the Accident Potential Zones. The APZ-1 Master Plan identifies the Property as "Transitional," which are areas that are intended to convert to compatible commercial uses utilizing specific design criteria. The City has received an unsolicited proposal from Performance Collision Centers, L.L.C. (the "Purchaser") to acquire the Property to construct an automotive repair garage, which is a compatible use in APZ-1 (the "Proposed Development"). The City and the Purchaser have negotiated the terms of a sale of the Property for the Proposed Development, which are being presented for Council's approval. The larger of the two parcels was appraised in 2015 and valued at $195,000/acre, or $535,000. The Purchaser has offered $855,000 for the Property. The Oceana Land Use Conformity Committee (OLUCC) reviewed the elements of the Proposed Development and recommended the sale. The Purchaser has contemporaneously submitted an application for a conditional rezoning and a conditional use permit, which were heard by the Planning Commission December 9, 2020 and will come before Council on January 19, 2021. • Considerations: The APZ-1/CZ Master Plan designates the Property as non- residential and appropriate for compatible uses under the AICUZ guidelines. The Proposed Development is compatible with the City Zoning Ordinance. The agreement of sale and the rezoning proffers will include specific design criteria. Since a portion of the Property was acquired by condemnation, an affirmative vote of three-fourths of the members of City Council is required to authorize the sale. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. • Recommendations: Approval. • Revenue restriction: The Purchaser proposes to pay $855,000 for the Property. The City funded 59.43% of the acquisition of the Property through the BRAC Program in partnership with the Commonwealth of Virginia. Thus, proceeds from the sale of the Property in the amount of $508,126.50 (59.43% of the total) shall be received and fifty percent (50%) of this amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. The remaining 40.57% of the Property was acquired for the Road Project. Pursuant to the guidelines established by the Virginia Department of Transportation, the remaining sales proceeds must be appropriated to a transportation project. The remaining funds in the amount of $346,873.50 will be deposited in the Traffic Safety Improvements IV Project (Project#100423). • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Economic Development City Manager: 099 1 AN ORDINANCE DECLARING THE PROPERTY LOCATED 2 AT 212 FAIR LADY ROAD (GPIN 1497-93-5053) AND THE 3 VACANT LOT AT THE INTERSECTION OF FAIR LADY 4 ROAD, ELON DRIVE AND LONDON BRIDGE ROAD (GPIN 5 1497-92-4465) TO BE IN EXCESS OF THE CITY'S NEEDS 6 AND AUTHORIZING THE CITY MANAGER TO SELL SAME 7 TO PERFORMANCE COLLISION CENTERS, L.L.C. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of 1) a 2.759+/- 10 acre parcel of land at 212 Fair Lady Road and 2) a 10,369+/- square foot vacant lot at the 11 intersection of Fair Lady Road, Elon Drive, and London Bridge Road, as more particularly 12 described on Exhibit A, attached hereto and made a part hereof (collectively, the 13 "Property"); 14 15 WHEREAS, the City acquired certain portions of the Property as part of the City's 16 APZ-1 Acquisition Plan, and certain portions are residual from the London Bridge Road 17 Project; 18 19 WHEREAS the City instituted zoning changes on December 20, 2005, 20 designating certain uses as incompatible in Accident Potential Zone-1 ("APZ-1"), a region 21 surrounding Naval Air Station Oceana ("N.A.S. Oceana"); 22 23 WHEREAS, the zoning changes shall be referenced as the APZ-1 Ordinance 24 (the "Ordinance"); 25 26 WHEREAS, the City adopted the APZ-1 Master Plan on April 1, 2008, to guide 27 the disposition of acquired properties and other development in APZ-1; 28 29 WHEREAS, pursuant to an unsolicited bid, Performance Collision Centers, L.L.C. 30 (the "Purchaser") seeks to acquire the Property from the City for $855,000 and utilize the 31 Property for an automotive repair garage (the "Proposed Development"), which is 32 consistent with the APZ-1 Ordinance and the APZ-1 Master Plan; 33 34 WHEREAS, the Purchaser contemporaneously applied for a Conditional Change 35 of Zoning and a Conditional Use Permit for the Proposed Development; 36 37 WHEREAS, the Oceana Land Use Conformity Committee reviewed the 38 Proposed Development and recommended selling the Property to the Purchaser for the 39 Proposed Development; 40 41 WHEREAS, pursuant to the grant agreement with the Commonwealth of Virginia, 42 the City will refund one-half of the proceeds attributable to the portion of the Property that 43 was acquired under the APZ-1 Acquisition Plan; and 44 45 WHEREAS, the City Council is of the opinion that the Property is in excess of the 46 needs of the City of Virginia Beach. 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 1. That the Property is hereby declared to be in excess of the needs of the 51 City of Virginia Beach and that the City Manager is hereby authorized to execute any 52 documents necessary to convey the Property to Performance Collision Centers L.L.C., 53 in substantial conformity with the Summary of Terms attached hereto as Exhibit B and 54 made a part hereof, and such other terms, conditions or modifications as may be 55 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 56 57 2. That 59.43% of the total revenue from the sale of the Property in the 58 amount of $508,126.50 shall be received and fifty percent (50%) of this amount will be 59 deposited for appropriation in future Capital Improvement Program capital budgets in 60 Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent 61 (50%) will be deposited for future payment by the City Manager to refund the 62 Commonwealth's portion in accordance with the grant agreement. 63 64 3. That the remaining proceeds from this transaction in the amount of 65 $346,873.50 shall be appropriated to Traffic Safety Improvements IV Project (Project 66 #100423). 67 68 This Ordinance shall be effective from the date of its adoption. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 71 of , 2021. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA14875 PREPARED: 12/18/20 R-1 1\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs1d0301p034100685 1 5 9.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT {: / Economic Development udg t 8 anagement Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney () EXHIBIT A (Legal Description) Parcel One (GPIN: 1497-93-5053) ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "GPIN 1497-93-5053 PARCEL C 120,180 SQUARE FEET OR 2.759 ACRES" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated October 27, 2009, prepared by LandMark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. RESERVING TO THE CITY the 20' Virginia Power Easement (DB 4325 PG 628) as shown on the aforesaid plat. RESERVING TO THE CITY the 1' No-Ingress/Egress Easement established on the aforesaid plat. RESERVING TO THE CITY a 20' public drainage easement centered over a 12" drainage pipe running from the eastern right-of-way line of Fair Lady Road to the western right-of- way line of London Bridge Road, which said pipe is approximately 353' south of southern right-of-way line of Potters Road and more particularly described; Beginning from a VDOT monument as shown on said referenced plat at the northwestern intersection of London Bridge Road and Potters Road and having a coordinate value of N 3,473,252.03, E 12,199,706.35, said point being the point of beginning; thence from said VDOT monument running along the northwestern right-of-way line of said London Bridge Road S 15°16'23 W, a distance of 198.74' to a concreted iron pin; thence S 14°08'03" W, a distance of 130.25' to a concreted iron pin; thence S 14°19'54" W, an approximate distance of 24.00' to the centerline of said 12" drainage pipe along London Bridge Road; From point of beginning along the southern right-of-way line of Potters Road N 31°19'58" W, a distance of 55.23' to a VDOT monument; thence N 77°56'23" W, a distance of 190.50' to a VDOT monument; thence S 52°47'24" W, a distance of 37.89' to a VDOT monument; thence S 02°42'09" W, an approximate distance of 374' to the centerline of a 12" drainage pipe along Fair Lady Road. RESERVING TO THE CITY all adjacent rights-of-way that have not been closed or otherwise extinguished and all public easements or any other rights that benefit the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Loye Spencer and Kenneth A. Spencer, Co-Trustees of the Mertice Stern Trust dated May 22, 2007 and Mertice M. Stern dated March 13, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080326000339530. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from RPA London Bridge/Potters Road, LLC dated October 17, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20071024001441640. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Tommy L. McMillian and Marie A. McMillan dated December 19, 1995 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3570, at page 871. IT BEING a portion of the same property conveyed to the City of Virginia Beach from London Bridge Mobile Homes by Certificate dated November 27, 2001 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4575, at page 673, an Order granting indefeasible title to the City of Virginia Beach was recorded as Instrument Number 20020610022133460. Parcel Two (GPIN: 1497-92-4465) ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "GPIN 1497-92-4465 PARCEL D 10,369 SQUARE FEET OR 0.238 ACRES" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated October 27, 2009, prepared by LandMark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. RESERVING TO THE CITY the 1' No-Ingress/Egress Easement established on the aforesaid plat. RESERVING TO THE CITY a 20' public drainage easement centered over a 15" drainage pipe crossing the southwest corner of Parcel D from the eastern right-of-way line of Fair Lady Road to the northern right-of-way line of Elon Drive and more particularly described; Beginning at concreted iron pin at the northeast intersection of Fair Lady Drive and Terrell Avenue as shown on said referenced plat, said point being the point of beginning; thence from said concreted iron pin running along the eastern right-of-way line of Fair Lady Road S 03°11'30" W, a distance of approximately 159.00' to the centerline of said 15" drainage pipe; thence from said centerline of 15" drainage pipe S 03°11'30" W, a distance of 23.37' to a VDOT monument; thence from said VDOT monument running along the southern right- of-way line of Elon Drive S 61°17'08" E, a distance of 5.66' to a concreted iron pin; thence N 82°37'15" E, a distance of approximately 12' to the centerline of said 15" drainage pipe along Elon Drive. RESERVING TO THE CITY all adjacent rights-of-way that have not been closed or otherwise extinguished and all public easements or any other rights that benefit the public. IT BEING a portion of the same property conveyed to the Grantor by Certificate dated December 26, 2000 from Bertha Lee Bartel, recorded in the aforesaid Clerk's Office in Deed Book 4348, at page 1, and by Order Vesting Title and Disbursing Funds dated May 7, 2007, and recorded as Instrument Number 20070508000629320. EXHIBIT B SUMMARY OF TERMS SALE OF 2.997±-ACRES LOCATED AT 212 FAIR LADY ROAD AND VICINITY SELLER: City of Virginia Beach PURCHASER: Performance Collision Centers, L.L.C. PROPERTY: 212 Fair Lady Road (GPIN: 1497-93-5053)and vacant lot at the intersection of Elon Drive, London Bridge Road, and Fair Lady Road (GPIN: 1497-92-4465), as more particularly described on the attached Exhibit A to the Ordinance. SALE PRICE: $855,000 INTENDED USE: An automotive repair garage CONDITIONS OF SALE • The Property shall be sold subject to a Deed Restriction that prohibits dwelling units on the Property, in perpetuity. • The Purchaser shall apply for and be granted by City Council a Conditional Change of Zoning from R-5D Residential District and A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit to operate an automotive repair garage as a condition of closing. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to settlement. • The City retains a right to repurchase the property, less the deposit, if Purchaser does not construct within 24 months of settlement and a right of first refusal of the Property prior to any sale within the same period. • The Purchaser will conform to restrictive covenants, proffers, and/or design criteria regarding use, construction, materials, signage, parking, and landscaping. • The Purchaser shall be solely responsible for installation of road and infrastructure improvements to include curb and gutter, sidewalks, stormwater, or any other constructions costs, including permitting and engineering. • Approval of this sale shall be revoked if closing has not occurred on or before January 31, 2022, unless extended by City Council prior to such date. -0W N ZISI V o o N O 3 W I- a� N 10 o GATEWOOp AVE illo O a. M rn cn a o i WW M N m Z Z � 0 � in zil Q ..--Wil D it Z -6-. o•r' "•*IiIi ., eL W X 111110 Wjoi a` W a > grm . re- 1IT U -1, J iiki!,4,. NNrip < (Q O 70m® T ° -ate in N e Z . w 0 JNIOMd1 3J01HEI ■ill g W iddd di fir .ch 0) Q. o N a co Cr) " 2 6 V i. _ • DON BRIDGE RD ' a pliiii ti ° Q W Tr w r Z z 10 SNId ONN3dSIHM c^,, — ,- 0 LYNNHAVEN P a) A \. \ I J a w Z W0 ` N t .. O W Z. d o M 1111 a 0 GA0 in T AVE m O c." 0 '4" ! in GA w aa�. o Tr oG Q w lt a)Z o r` Z ti o M ap � Q . v =a.; -. V 1 Z Z oI ra °111 O U V Q o -- , _ .-.. '_. :---4.1--- ---::-----1..,,,._ .. Yll 41 o-� wifeNp� i a; o Q QN - OIr ill-' telAdbl NIVJ - ' .,...,„... _ - ug ,,, . _ .i , . . r. '^ N f VJ iij a) a..NAIQ m L = Cl ao JNIaNv130a1138 °'O ° ° Q-NN u' II7 ._ C..0 to a fitp t4 0. a' a' ti a C Q w 'T , _ 13 S3NId ONI2�3dSIHM m T 1 a) 0 El I , \ 1 I a l Virginia Re& APPLICANT'S NAME Performance Collision Centers, L.L.C. 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 1 Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Changes • Exception for (EDIP) Board � � _� of Zoning � Appeals Encroachment Request i Rezoning Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Agreement Chesapeake Bay Preservation Area Board Lease of City Property Subdivision Variance Conditional Use Permit License Franchise 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 j All disclosures must be updated:WC 3;,s.i e,., prior to any i Page 1 of 7 Commission and City Council meeting that pertains to the.:oplicationts). 4 Q— APPLICANT NOTIFIED OF HEARING 1 DATE: ❑ NO CHANGES AS OF DATE 0 REVISIONS WSW l ti=D DATE iNfivr 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:Performance Collision Centers If an LLC, list all member's names: Michael D. Sifen, President; Barry A. Sifen, Vice President/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) 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:Ci of Virginia Beach __�� If an LLC, list the member's names: Page 2 of 7 1111113 �vw 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_tobeuoerated 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 tt Virginia Beach APPLICANT'S NAME Performance Collision Centers, L.L.C. 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 Ap peals 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 • --- s 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 disdosurQs must be updated two+,r:erks prior to any 1 Page 1 of 7 Pia Commission and City Council meetinu that uertains to the dvtdication(s). i 0 APPLICANT NOTIFIED OF HEARING DATE: ElNO CHANGES AS OF DATE' 0 REVISIONS SUBMITTED DATE: VBaff Virginia Beath. Ei Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. L.. Check here if the APPUCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Performance Collision Centers if an LLC, list all member's names: Michael D. Sifen, President; Barry A. Sifen, Vice President/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) 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. 4 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ei 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:C of Virginia Beach If an LLC, list the member's names: Page 2 of 7 NB 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) I "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 NIB APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(um additional sheets if I needs* ❑ �' Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Finlay Design Architecture+Interiors Land Planner Frankenfield Design&Development,LLC (Barry Frankenfield) ❑ ; Contract Purchaser(if ofher. g kel i the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed [A purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors Michael D.Wen,Inc. ® ❑ Engineers/Surveyors/Agents Site improvement Associates, Inc.(Claude Lym) Financing (include current Unknown/T.B.D. ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 151 ❑ Legal Services R-Edward Bourdon,Jr.,Esq. Real Estate Brokers / C' ® Agents/Realtors for current and anticipated future sales of the subject p opert, • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ I an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 /113 Virrh+a 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. _ �Perforn�anc�Collis;f ` .LC. Michael D.Sifen, President y3! ab APPLE ANT'S SIGMA E PANT NAME DATE Page 5 of 7 VB OWNER Virginia Beach,- YES NO r SERVICE 1 I PROVIDER ruse additional sheets If 1 El A Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors EiL Engineers/Surveyors/Agents Financing (include current O -m mortgage holders and lenders W ; selected or being considered to provide financing for acquisition or construction of the property) Elr Legal Services Real Estate Brokers / ^� n 0 Agents/Realtors for current and I , 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 0 E 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 Vurini$Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 1 meeting, or meeting of any public body or committee in connection with this Application.. City of Vrginrl3� ry f rr ; rWoidAT-0 . (/1J r Lt 04,4/5 ��. 8 to/40 PROPERTY OWNER'S SIGNATURE - PRINT NAME DATE Page 7 of 7 Iµu sekz .roCy5'!4f 7'(; !4 `tom`..,`:.- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City Council of the City of Virginia Beach, Virginia for Governing Body Approval of the Issuance by the City of Virginia Beach Development Authority of its Multi-Family Affordable Residential Housing Facility Revenue Bonds for the Benefit of Atlantis Preservation LP and its Atlantis Apartments Project Located in the City of Virginia Beach MEETING DATE: January 19, 2021 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Atlantis Preservation, LP, a Virginia limited partnership, and its affiliates (the "Borrower"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $39,000,000 (the "Bonds"), to finance or refinance a portion of (i) the acquisition, renovation, rehabilitation, equipping and improvement of a 208-unit multifamily affordable residential housing facility comprised of nineteen two-story garden apartment buildings, surface parking area, auxiliary buildings, 2 playgrounds and a basketball court located on approximately 11 .79 acres of land, known as the Atlantis Apartments; (ii)the funding of debt service and other reserve funds; and (iii)the payment of the costs of issuance with respect to the Bonds and other transaction expenses. • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within 60 days of the date of the authority's public hearing. The Authority's public hearing was held on December 15, 2020. The debt issued shall be non-recourse to the City or Authority and shall not constitute a debt of either body. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution of the City Council of the City of Virginia Beach Authority Submission Letter to Council Evidence of Publication of Notice of Hearing Summary of Statements Made at Public Hearing Authority's Resolution Fiscal Impact Statement Statement of the Authority Letter from Department of Economic Development Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department / Agency: Economic Development City Manager: 1)4/) 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH, VIRGINIA FOR GOVERNING BODY APPROVAL OF THE 3 ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY OF ITS MULTI-FAMILY AFFORDABLE RESIDENTIAL 5 HOUSING FACILITY REVENUE BONDS FOR THE BENEFIT OF 6 ATLANTIS PRESERVATION LP AND ITS ATLANTIS APARTMENTS 7 PROJECT LOCATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA 8 9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), 10 was created and empowered pursuant to the Industrial Development and Revenue Bond 11 Acts Chapter 49, Title 15.2 of the Code of Virginia, as amended (the "Act); and 12 13 WHEREAS, the Act empowers the Authority to issue its notes or bonds in 14 accordance with the provisions of the Act for the purpose of making loans for assistance 15 in the financing or refinancing of the acquisition, renovation, rehabilitation, equipping and 16 improvement by private sponsors of affordable housing projects and to refund prior 17 obligations issued for any such purposes; and 18 19 WHEREAS, Atlantis Preservation LP, a Virginia limited partnership (the 20 "Borrower"), has applied to the Authority for the issuance of the Authority's Multi-family 21 Affordable Residential Housing Facility Revenue Bonds (Atlantis Preservation Project), 22 Series 2021 in an amount not to exceed $39,000,000 (the "Bonds"), to provide financing 23 for the acquisition, rehabilitation, equipping and improvement of a 208-unit multi-family 24 affordable residential housing project located on approximately 11.79 acres of land and 25 comprised of (i) 19 two-story garden apartment buildings, a surface parking area, two 26 playgrounds, a basketball court and other building amenities; (ii) the funding of debt service 27 and other reserve funds; and (iii)the payment of costs of issuance of the Bonds and other 28 transaction costs (collectively, the "Project"); and 29 30 WHEREAS, the Borrower, which will commence the Project promptly following the 31 issuance of the Bonds, has its principal place of business at 250 W. 55th Street, 35th Floor, 32 New York, New York 10019; and 33 34 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 35 (the "Code"), requires, among other things, the approval by this Council of the issuance 36 of any private activity bonds by the Authority after the Authority has held a public hearing 37 with regard to such action as one of the acts required in order for the interest on such 38 Bonds to qualify for exemption from the imposition of federal income tax; and 39 40 WHEREAS, pursuant to due notice, the Authority has, on December 15, 2020, 41 conducted a public hearing on the application of the Borrower for the issuance of the 42 Bonds in compliance with the requirements of Section 147(f) of the Code and Section 43 15.2-4906 of the Virginia Code, and after such public hearing did adopt a resolution to 44 express its intent to issue an amount not to exceed $39,000,000 of its tax-exempt bonds, 45 subject to the adoption of this resolution by Council; and 1 46 WHEREAS, Section 15.2-4906 of the Virginia Code requires that within sixty (60) 47 calendar days after the public hearing, that this Council approve or disapprove the 48 financing of any facility recommended by the Authority; and 49 50 WHEREAS, pursuant to Section 146 of the Code and Title 15.2, Chapter 50 of the 51 Virginia Code and the Virginia Private Activity Bond Allocation Guidelines utilized by the 52 Virginia Department of Housing and Community Development ("DHCD"), an allocation 53 from the "State Ceiling" (as defined in Section 146 of the Code) limitation on the volume 54 of private activity notes or bonds which may be issued in the Commonwealth of Virginia 55 in 2021 (the "Volume Cap") must be granted by DHCD from either its Local Housing 56 Authority Pool or the Governor's Discretionary Fund, in its capacity as Allocation 57 Administrator, in order for the interest on the Bonds to be exempt from the imposition of 58 federal income tax, and for which allocation of Volume Cap an application must be 59 submitted by the Authority and the Borrower to DHCD; and 60 61 WHEREAS, the Authority has recommended that the Council approve the 62 issuance of the Bonds and support the Authority's application to DHCD for an allocation 63 to the Bonds of a portion of the State Ceiling with respect to the Volume Cap; and 64 65 WHEREAS, a Fiscal Impact Statement complying with the requirements of 66 Section 15.2-4907 of the Virginia Code, a record of the public hearing held by the 67 Authority, and a copy of the Authority's recommending the Council's approval of the 68 issuance of the Bonds by the Authority, subject to the terms to be agreed upon, have 69 been filed with the Council. 70 71 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 72 VIRGINIA BEACH, VIRGINIA: 73 74 1. The Council approves the issuance of the Bonds by the Authority for the 75 benefit of the Borrower, as required by Section 147(f) of the Code, and Section 15.2-4906 76 of the Virginia Code, as applicable to affordable housing projects. 77 78 2. The Council supports the Authority's application to DHCD for one or more 79 allocations for the Bonds totaling $39,000,000 of the State Ceiling of Volume Cap. 80 81 3. The approval of the issuance of the Bonds, as required by Section 147(f) of 82 the Code and Section 15.2-4906 of the Virginia Code, and the acceptance of the fiscal 83 impact statement provided in accordance with Section 15.2-4907 of the Virginia Code do 84 not constitute an endorsement to a prospective purchaser of the Bonds of the 85 creditworthiness of the Project or the Borrower. 86 87 4. The Bonds shall provide that neither the City of Virginia Beach, Virginia (the 88 "City") nor the Authority shall be obligated to pay the Bonds or the interest thereon or 89 other costs incident thereto and that neither the faith and credit nor the taxing power of 90 the Commonwealth of Virginia, the City of Virginia Beach, or the Authority is pledged to 2 91 the payment of the principal of the Bonds or the interest thereon or other costs incident 92 thereto. 93 94 5. In adopting this resolution, neither the City nor the Authority, including their 95 elected representatives, officers, employees and agents, shall be liable for, and hereby 96 disclaim all liability for, any damages to any person, direct or consequential, resulting from 97 the Authority's failure to issue the Bonds for any reason. 98 99 6. This resolution shall go into effect immediately upon the date of its adoption. 100 101 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 102 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Economic evelopment City Attorney CA14390 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d0141p037100688288.docx R-1 January 6, 2021 3 CERTIFICATE OF VOTES The following is a record of the vote by the Council of the City of Virginia Beach, Virginia (the "Council"), on the foregoing resolution, approved at a duly called regular meeting of the Council held on January _, 2021, at which meeting a quorum of the Council was present: AYE NAY ABSTAIN ABSENT Robert M. Dyer, Mayor James Wood, Vice-Mayor . Jessica Abbott _ Michael Berlucchi Barbara Henley Louis Jones John Moss Aaron R. Rouse Guy King Tower Rosemary Wilson Sabrina Wooten Amanda Barnes, City Clerk Council of the City of Virginia Beach, Virginia 43910463v2 4 VIRGINIA BEACH January 19, 2021 The Honorable Robert M. Dyer, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Atlantis Preservation,LP/Housing Facility Revenue Bonds Dear Mayor Dyer and Members of Council: Atlantis Preservation, LP, a Virginia limited partnership (the "Borrower"), has requested that the City of Virginia Beach Development Authority (the "Authority"), issue up to $39,000,000 of its revenue bonds(the"Bonds") to assist the Borrower or a related entity in financing or refinancing a portion of(i)the acquisition,renovation,rehabilitation, equipping and improvement of a 208-unit multifamily affordable residential housing facility comprised of nineteen two-story garden apartment buildings, surface parking area, auxiliary buildings, 2 playgrounds and a basketball court located on approximately 11.79 acres of land, known as the Atlantis Apartments, (ii) the funding of debt service and other reserve funds and(iii)the payment of the costs of issuance with respect to the Bonds and other transaction expenses. As set forth in the Resolution of the Authority attached hereto (the "Resolution"),the Authority has agreed to issue the Bonds as requested. The Authority has conducted a public hearing (the "Public Hearing") on the proposed financing of the Plan of Finance and has recommended that you approve the issuance of the Bonds as required by Section 147(f)of the Internal Revenue Code of 1986, as amended, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Attached hereto are the following document: 1. Certificate of Public Hearing with following documents attached: Exhibit A- Evidence of Publication of Public Hearing Notice Exhibit B—Summary of Statements Made at Public Hearing Exhibit C—Authority's Inducement Resolution Exhibit D—Fiscal Impact Statement Exhibit E - City Council Resolution(Draft) 2. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above(Exhibit F). 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 The Honorable Robert M.Dyer,Mayor Members of City Council January 19,2021 Page 2 3. A letter from the Department of Economic Development commenting on the project(Exhibit G). Very truly yours, ((i Lis M. Murphy, LMM/AWS/csk Enclosures CERTIFICATE OF PUBLIC HEARING The undersigned officer of the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia(the "Authority")hereby certifies as follows: 1. A public hearing was conducted by the Authority on December 15, 2020, at 8:30 A.M., pursuant to proper notice of such meeting. The meeting was held during a regularly scheduled monthly meeting of the Authority at the Authority's principal office, located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462. The meeting was open to the public through live feed video and auditory streams and telephonic remote access was available. No physical attendance by members of the general public was allowed as a result of the pandemic. The time of the meeting and place at which the meeting was held and access facilitated by the Authority provided a reasonable opportunity for persons of differing views to participate and be heard. 2. The public hearing was held in connection with the request by Atlantis Preservation LP, a Virginia limited partnership ("Atlantis Preservation"), for the issuance by the Authority of its multifamily affordable residential housing facility revenue bonds (the "Atlantis Preservation Project"), Series 2021 in an amount not to exceed$39,000,000(the"Bonds"),to provide financing for(i)the acquisition,renovation,rehabilitation,equipping and improvement of a 208 unit multifamily affordable residential housing facility comprised of nineteen two-story garden apartment buildings, surface parking areas, auxiliary buildings, 2 playgrounds and a basketball court located on approximately 11.79 acres of land, (ii)the funding of debt service and other reserve funds and (iii)the payment of the costs of issuance with respect to the Bonds and other transaction expenses (the "Atlantis Project"). A notice of the public hearing was published once a week for two successive weeks (on December 1, 2020 and December 8, 2020)in The Virginian Pilot, a newspaper having general circulation in Virginia Beach, Virginia. A certified copy of the Public Hearing Notice is attached hereto as Exhibit A. 3. The individuals identified on Exhibit B attached hereto participated and'addressed the Authority at the public hearing. A reasonably detailed summary of the comments expressed at the public hearing by such individuals is included in Exhibit B. 4. Attached hereto as Exhibit C is a true,correct and complete copy of an Inducement Resolution adopted by the Authority with respect to the Atlantis Project. 5. The Inducement Resolution constitutes all formal action taken by the Authority at the December 15, 2020 meeting relating to the Atlantis Project referred to in the Inducement Resolution. The Inducement Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. 6. Attached hereto as Exhibit D is a copy of the Fiscal Impact Statement for the Atlantis Project. 7. Attached hereto as Exhibit E is a draft of a Resolution to be presented to the Council of the City of Virginia Beach (the "Council") with respect to the Atlantis Project at its meeting scheduled for January 19, 2021. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Dated: December/572020 6011)11'k-6 Lisa Murphy, Chair Exhibits: A—Evidence of Publication of Atlantis Project Public Hearing Notice B —Summary of Statements Made at Public Hearing C—Authority's Atlantis Project Inducement Resolution D—Fiscal Impact Statement E—Governing Body Approval Resolution of the Council of the City of Virginia Beach, Virginia for the Atlantis Project 43868563v3 40 VIRG1NIA EXHIBIT A MEDIA Sold To: Williams Mullen(Legal)-CU80002528 200 S 10th St,Ste 1600 Richmond,VA 23219-4061 Bill To: Williams Mullen(Legal)-CU80002528 200 S 10th St,Ste 1800 Richmond,VA 23219-4061 Affidavit of Publication State of Illinois County of Cook Order Number:6826103 Purchase Order: This day,Amy Houser appeared before me and,after being duly sworn,made oath that: 1)He/she is affidavit clerk of The Virginian Pilot,a newspaper published by Virginian-Pilot Media Companies,LLC in the city of Norfolk,Portsmouth,Chesapeake,Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and https:llwww.publicnoticevirginia.com Published on:Dec 01.2020:Dec O8.2020. ` \ 4S.H1 Amy Houser Subscribed and sworn to before me In my city and state on the day and year aforesaid this 10 day of December,2020 My commission expires November 23,2024 Notary Signature BRENDAN KOLASA r i. OFFICIAL SEAL `sar .`Nutley Public,Stale of Illinois My Commi65 n Eupiios �• November 23,2024 r _ Notary Stamp VIRGINIA M E D I A NOTICE OF PUBLIC HEARING BEFORE THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON A PROPOSED PRIVATE ACTIVITY BOND FINANCING FOR THE ATLANTIS APARTMENTS MULTIFAMILY HOUSING FACILITY Notice Is hereby given that the City of Virginia Beach Development Author- ity (the 'Authority') will hold a public hearing at the request of Atlantis Preservation LP and Its affiliates (the 'Borrower"). whose address is 250 W. 55th Street, 35th Floor, New York, New York 10019. regarding a request for the Issuance by the Authority of its affordable muitifaniy housing fa- cility revenue bonds In the maximum principal amount of$39,000,000(the 'Bonds'),in one or more series,at one time or from time to time, to finance or refinance a portion of the cost of acquiring, renovating, rehabilitating. Improving and equipping an existing residential rental housing project con- sisting of 19 two-story buildings with 208 housing units located on approxi- mately 11.79 acres and known as the Atlantis Apartments (the "Project"). The Project is located at 999 Atlantis 'ive, Virginia Beach, Virginia 23451 in the City of Virginia Beach. Virginia (the "City"). Bond proceeds may be used for(a)eligible costs associated with the Project(b)the establishment of reserve funds as permitted by ap- plicable law,and (c)costs incttred in connection with the Issuance of the Bonds (the -Plan of Finance"). The Project will meet the requirements of a qualified residential rental project within the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended. The Project is expected to be owned and operated by the Bor- rower. The public hearing,which may be continued or adjourned,will be held at 8:30 a.m. on December 15, 2020 before the Authority at the Authority's offices located at 4525 Main Street. Suite 700, Virginia Beach, Virginia 23462. The Issuance of the Bonds as request- ed by the Borrower will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the Authority or the City, but will be pay- able solely from revenues derived from the Borrower and the Project that are pledged therefor. Neither the faith and credit nor the taxing power of the Com- monwealth of Virginia or any political subdivision thereof, Including the Au- thority or the City is pledged to the pay- ment of the Bonds.The Authority has no taxing power. My person interested In the issuance of the Bonds or the Plan of Finance may appear at the hearing and pres- ent his or her views,or provide written comments to the Authority beforehand. No physical attendance will be permit- ted at the Authority's public hearing as a result of the COVID-19 pandemic. but parties may participate remotely through a live video feed or telephoni- cally by contacting the Authority for ad- ditional information.A copy of the Bor- rower's application may be Inspected at the Authority's office at the address stated above during business hours. 12/01,12/08/20 6826103 EXHIBIT B SUMMARY OF STATEMENTS MADE AT PUBLIC HEARING Douglas L. Sbertoli,bond counsel for the Atlantis Preservation,L.P.("Atlantis")fmancing, introduced himself and indicated that he was participating in the meeting remotely in connection with the proposed issuance of tax-exempt bonds on behalf of Atlantis by the VBDA in an amount not to exceed $39,000,000 (the "Bonds") to finance the acquisition, renovation, rehabilitation, equipping and improvement of the Atlantis Apartments, a 208 unit multifamily affordable residential housing facility (the "Project"). Ms. Estelle Chan was also available telephonically to describe the plans for the Project to be financed by the Bond issuance and to present information to the Authority. A quorum of the Board of the Authority were in attendance. Bond counsel confirmed that the public hearing had been properly noticed in accordance with applicable federal and state tax law requirements and offered along with Ms. Chan, to address questions raised by the Authority or members of the public regarding the financing of the Project and the role of the Authority. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY EVIDENCING THE INTENT TO ISSUE UP TO $39,000,000 IN PRINCIPAL AMOUNT OF MULTTFAMILY AFFORDABLE RESIDENTIAL HOUSING FACILITY REVENUE BONDS FOR THE BENEFIT OF ATLANTIS PRESERVATION LP WHEREAS,the City of Virginia Beach Development Authority,a political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"),to issue its revenue bonds to promote the welfare of the inhabitants of the Commonwealth of Virginia by, among other things, creating jobs and assisting in the financing of multifamily affordable residential housing facilities; and WHEREAS, such assistance will benefit the inhabitants of the City of Virginia Beach, Virginia (the"City") and the Commonwealth of Virginia(the "Commonwealth"), either through the increase of commerce,tax revenue and employment opportunities or through the promotion of their safety,health,welfare,convenience or prosperity; and WHEREAS,the Authority has received a request from Atlantis Preservation LP,a Virginia limited partnership (the"Borrower"), to issue multifamily affordable residential housing facility revenue bonds in an aggregate principal amount not to exceed $39,000,000 (the "Bonds") to finance or refinance on behalf of the Borrower (i) the costs of the acquisition, renovation, rehabilitation, equipping and improvement of the Atlantis Apartments, a 208 unit affordable garden apartments housing facility located on approximately 11.79 acres consisting of 19 two- story residential buildings, a surface parking area, two playgrounds, a basketball court and other building amenities, (ii)the funding of debt service and other reserve funds, and(iii) to pay costs of issuance and other expenses in connection with the issuance of the Bonds(the"Project"); and WHEREAS, the Authority is authorized to issue the Bonds for the Project, since the definition of"authority facilities" in Section 15.2-4902(xiii) of the Act that may be financed by the Authority include facilities used primarily for multi-family residences and the City has not activated or established a housing authority as provided by Sections 36-4 and 36-4.1 of the Virginia Housing Authorities Law in Chapter 1,Title 36 of the Code of Virginia,as amended(the "Housing Act") WHEREAS, preliminary plans for the establishment of a credit facility to finance the Project(the"Plan of Financing")have been described in general terms to the Authority; and WHEREAS, the Borrower has represented that the Project will be financed through the issuance of one or more series of Bonds;and WHEREAS, pursuant to due notice, the Authority has on this date conducted a public hearing on the application of the Borrower for the issuance of the Bonds in compliance with the requirements of Section 147(f) of the Internal Revenue Code of 1986 (the "Code") and Section 15.2-4906 of the Virginia Code; and WHEREAS, the Borrower and the Authority shall comply with all applicable provisions of the Housing Act; and WHEREAS, the Borrower currently proposes for the Project to reserve at least forty percent(40%) of the housing units contained therein for occupancy by persons whose income is less than sixty percent(60%)of the area median gross income,as required by Section 142(d)(1)(B) of the Code; and WHEREAS,(a) each member of the Authority has, before entering upon his or her duties during his or her present term of office,taken and subscribed to the oath prescribed by Section 49- 1 of the Code of Virginia of 1950, as amended and (b)at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no member of the Board of Directors of the Authority has any personal interest or business interest in the Borrower or the Bonds or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended(the"Conflict of Interests Act") in connection with this resolution or any other official action of the Authority in connection therewith: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY; 1. it is hereby found and determined that the Project and the approval of the Plan of Finance and the issuance of the Bonds will be in the public interest and will promote the commerce, safety, health,welfare, convenience or prosperity of the Commonwealth and the City. 2. The Authority hereby agrees to assist the Borrower in facilitating the Plan of Financing by undertaking the issuance of its tax-exempt and/or taxable revenue Bonds in an amount not to exceed $39,000,000 upon terms and conditions mutually agreeable to the Authority and the Borrower. The Bonds will be issued pursuant to documents satisfactory to the Authority. The Bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary for the Borrower to proceed immediately with certain actions regarding the Project and the Plan of Financing,therefore the Authority agrees that the Borrower may proceed to undertake actions to facilitate work on the Project and the Plan of Financing, enter into contracts with respect to the acquisition,renovation, rehabilitation,equipping and improvement of the Project,and take such other steps as it may deem appropriate in connection with the Project and the Plan of Financing, provided, however, that nothing in this Resolution shall be deemed to authorize the Borrower to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project and the Plan of Financing. The Authority agrees that the Borrower may be reimbursed from the proceeds of the Bonds for all expenditures and costs so incurred by it,provided such expenditures and costs are properly reimbursable under the Act,the Housing Act and applicable federal laws. 2 4. All costs and expenses in connection with the Plan of Financing and the acquisition, renovation, rehabilitation, equipping and improvement of the Project, including the fees and expenses of Bond Counsel, shall be paid by the Borrower or, to the extent permitted by applicable law, from the proceeds of the Bonds. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefore. 5. In adopting this Resolution the Authority intends to take `official action" toward the issuance of the Bonds and to establish its`official intent"to issue tax-exempt bonds within the meaning of Treasury Regulations Section 1.150-2 as promulgated under the Code, and to allow the Borrower to be reimbursed from the proceeds of the Bonds for any expenditures paid by the Borrower to finance or refinance the acquisition, renovation, rehabilitation, equipping and improvement of the Project and the planning therefore prior to the issuance of the Bonds,all within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related sections of the Code. 6. The Borrower intends to utilize the proceeds from the sale of the Bonds or to incur other debt to pay the costs of the Project in an amount not currently expected to exceed $39,000,000. Such amount may be revised as the Bond issue is sized and structured, but the aggregate principal amount of the Bond without taking into account original issue premium shall not be increased without the approval of the Authority. Any such taxable debt incurred by the Borrower to finance the Project after the date hereof may be refinanced with tax-exempt bonds as approved by Bond Counsel. 7. The Bonds shall not be a general obligation debt of the Commonwealth or any political subdivision thereof, including the Authority or the City, and neither the Commonwealth, nor any political subdivision thereof,including the Authority or the City,nor any officials,officers, commissioners and/or employees, past, present or future, of any or all of them, are or shall be personally liable thereon. The Bonds, together with the premium, if any, and the interest payable thereon, shall be a limited obligation of the Authority payable solely by the Borrower from revenues, receipts and payments specifically pledged therefor pursuant to the terms of the Bonds and the related financing documents. Neither the faith and credit nor the taxing power of the Commonwealth, or any political subdivision thereof, shall be pledged to the payment of the principal of the Bonds,the premium,if any, or the interest thereon or other costs incident thereto. 8. The Authority hereby recommends that the City Council of the City(the"Council") grant"governing body approval"of the issuance of the proposed Bonds and the Plan of Financing within the meaning of Section 15.2-4906 of the Virginia Code and Section 147(f)of the Code, and directs the Chair or Vice-Chair of the Authority to transmit to the Council a copy of this resolution and a reasonably detailed summary of the Authority's public hearing held this date. The Fiscal Impact Statement regarding the Project as executed by the Borrower and the Authority as required by Section 15.2-4907 of the Virginia Code shall be filed with the Council as well. 9. The Authority agrees,subsequent to the Council's granting of the"public approval" for the issuance of Bonds by the Authority,and with the direction and assistance of Bond Counsel 3 and the Borrower,to apply to the Virginia Department of Housing and Community Development, in its capacity as "allocation administrator" for tax-exempt private activity bonds for the Local Housing Authority Pool,or the Governor's Discretionary Pool,for one or more allocations totaling $39,000,000 of local housing authority"volume cap"for the Project. 10. Any obligation of the Authority to exercise its powers to issue the Bonds as requested by the Borrower is contingent upon the satisfaction of all legal requirements and the Authority (including its officers, direction, employees and agents) shall not be liable and hereby disclaims all liability to the Borrower and all other persons or entities for any damages, direct or consequential, resulting from the Authority's failure to issue the Bonds for the Project or any reason,including but not limited to the failure of the Council to approve the issuance of the Bonds. 11. No tax-exempt Bonds may be issued pursuant to this Resolution until such time as (a) the issuance of the Bonds has been approved by the Council, (b) the Project has received an allocation or allocations from the Local Housing Authority or the Governor's Discretionary Fund Pool Tax-Exempt Bond Dollar Allocation Pool funds in accordance with applicable provisions of the Virginia Code and any regulations or executive orders issued thereunder,and(c)the final terms and details of the Bonds, together with the Bonds, have been approved by subsequent resolution of the Authority. 12. The provisions of this Resolution are hereby declared to be separable, and if any section, phrase or provision of this resolution shall be declared invalid, such invalidity shall not affect the validity of the remainder of the sections, phrases and provisions of this resolution. 13. The Authority hereby appoints Williams Mullen, as requested by the Borrower,to serve as Bond Counsel. 14. The Bonds may not be issued pursuant to this Resolution until such time as the issuance of the Bonds has been approved by the Council of the City. 15. By submitting its request for this Inducement Resolution to the Authority, the Borrower has agreed to indemnify and hold harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses,costs and expenses in any way connected with the Project,the Plan of Finance or the Bonds. 16. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings hereinabove set forth. 17. This resolution shall take effect immediately upon its adoption. Date: December 15, 2020 4 CERTIFICATE The undersigned, Secretary or Assistant Secretary of the City of Virginia Beach Development Authority, (the "Authority"), does hereby certify that the foregoing resolution was adopted at a meeting of the Board of Directors of the Authority,duly called and held on December 15, 2020,at which meeting a quorum of the directors was present and acting throughout, and that such resolution has not been repealed, amended or supplemented and is in full force and effect on the date hereof. Voting Member Name Present Absent Yes No Abstaining Lisa M.Murphy,Chair A X Joseph E.Strange,Vice Chair Y X _ David L.Bernd,Secretary X W.Taylor Franklin,Assistant Secretary x William Brunke,Treasurer X X Dr.William Brown X k Nneka Chiazor Penny an Michael J. Standing Guenter H.Weissenseel ✓ Doroth L. Wood X_ Adopted this /6 day of DQeedn ( , 2020, by the City of Virginia Beach Development Authority. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY f 4 - By. Secretary/Assistant Secretary as to yuntent- // Economic Development Approved as to L-gal Sufficiency: City Attorney 5 EXHIBIT D FISCAL IMPACT STATEMENT FOR A BOND ISSUE SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant hereby authorizes the Chair of the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY to submit the following information in compliance with Section 15.2- 4907,Code of Virginia of 1950,hereby states the following: Name of Applicant: Atlantis Preservation LP Project: The(i)acquisition,renovation,rehabilitation,equipping and improvement of a 208 unit affordable multifamily residential rental project to be located on approximately 11.79 acres of land at 999 Atlantis Drive in the City of Virginia Beach,Virginia and comprised of nineteen two-story garden apartment buildings,playgrounds,a basketball court and other auxiliary buildings,(ii)the funding of debt service and other reserve funds and(iii)the payment of issuance and other transaction costs 1. Maximum amount of financing sought $ 39,000,000 2. Estimated taxable value of the facility's real property in the locality $10,194,300 3. Estimated real property tax per year using present tax rates $103.727 4. Estimated personal property tax per year using present tax rates $0 5. Estimated machinery and tools tax per year using present tax rates $0 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $7,500 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $7,500 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $15,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $15,000 7. Estimated number of regular employees on year-round basis 6 8. Average annual salary per employee $47,000 ATLANTIS PRESERVATION LP BY: Atlantis Preservation GP LLC, its sole General Partner By: John Tatum,Authorized Signatory APPROVED: CITY OF VIRGINIA BEACH DE ":, •1'ME ' . AUTHORITY ir By: t/6 Lisa Murphy,Chairmen- 4 3 9 4 2 3 3 6_1 EXHIBIT E DRAFI 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH, VIRGINIA FOR GOVERNING BODY APPROVAL OF THE 3 ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY OF ITS MULTI-FAMILY AFFORDABLE RESIDENTIAL 5 HOUSING FACILITY REVENUE BONDS FOR THE BENEFIT OF ATLANTIS 6 PRESERVATION LP AND ITS ATLANTIS APARTMENTS PROJECT 7 LOCATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA 8 9 WHEREAS, the City of Virginia Beach Development Authority (the"Authority"), was to created and empowered pursuant to the Industrial Development and Revenue Bond Acts 11 Chapter 49, Title 15.2 of the Code of Virginia, as amended (the "Act); and. 12 13 WHEREAS, the Act empowers the Authority to issue its notes or bonds in 14 accordance with the provisions of the Act for the purpose of making loans for assistance in 15 the financing or refinancing of the acquisition, renovation, rehabilitation, equipping and 16 improvement by private sponsors of affordable housing projects and to refund prior 17 obligations issued for any such purposes; and 18 19 WHEREAS, Atlantis Preservation LP, a Virginia limited partnership (the "Borrower"), 20 has applied to the Authority for the issuance of the Authority's Multi-family Affordable 21 Residential Housing Facility Revenue Bonds(Atlantis Preservation Project), Series 2021 in 22 an amount not to exceed $39,000,000 (the"Bonds"), to provide financing for the acquisition, 23 rehabilitation, equipping and improvement of a 208 unit multifamily affordable residential 24 housing project located on approximately 11.79 acres of land and comprised of(i)nineteen two- 25 story garden apartment buildings, a surface parking area, two playgrounds, a basketball court 26 and other building amenities, (ii)the funding of debt service and other reserve funds and(iii)the 27 payment of costs of issuance of the Bonds and other transaction costs (collectively, the 28 "Project"); and 29 30 WHEREAS, the Borrower, which will commence the Project promptly following the 31 issuance of the Bonds, has its principal place of business at 250 W. 55th Street, 35th Floor, 32 New York, New York 10019; and 33 34 WHEREAS, Section 147(f)of the Internal Revenue Code of 1986, as amended (the 35 "Code"), requires, among other things, the approval by this Council of the issuance of any 36 private activity bonds by the Authority after the Authority has held a public hearing with 37 regard to such action as one of the acts required in order for the interest on such Bonds to 38 qualify for exemption from the imposition of federal income tax; and 39 40 WHEREAS, pursuant to due notice, the Authority has, on December 15, 2020, 41 conducted a public hearing on the application of the Borrower for the issuance of the Bonds 42 in compliance with the requirements of Section 147(f)of the Code and Section 15.2-4906 of 43 the Virginia Code, and after such public hearing did adopt a resolution to express its intent 44 to issue an amount not to exceed $39,000,000 of its tax-exempt bonds, subject to the 45 adoption of this resolution by Council; and 1 46 WHEREAS, Section 15.2-4906 of the Virginia Code requires that within sixty (60) 47 calendar days after the public hearing,that this Council approve or disapprove the financing 48 of any facility recommended by the Authority; and 49 50 WHEREAS, pursuant to Section 146 of the Code and Title 15.2, Chapter 50 of the 51 Virginia Code and the Virginia Private Activity Bond Allocation Guidelines utilized by the 52 Virginia Department of Housing and Community Development("DHCD"), an allocation from 53 the "State Ceiling" (as defined in Section 146 of the Code) limitation on the volume of 54 private activity notes or bonds which may be issued in the Commonwealth of Virginia in 55 2021 (the"Volume Cap") must be granted by DHCD from either its Local Housing Authority 56 Pool or the Governor's Discretionary Fund, in its capacity as Allocation Administrator, in 57 order for the interest on the Bonds to be exempt from the imposition of federal income tax, 58 and for which allocation of Volume Cap an application must be submitted by the Authority 59 and the Borrower to DHCD; and 60 61 WHEREAS, the Authority has recommended that the Council approve the issuance 62 of the Bonds and support the Authority's application to DHCD for an allocation to the Bonds 63 of a portion of the State Ceiling with respect to the Volume Cap; and 64 65 WHEREAS, a Fiscal Impact Statement complying with the requirements of Section 66 15.2-4907 of the Virginia Code, a record of the public hearing held by the Authority, and a 67 copy of the Authority's recommending the Council's approval of the issuance of the Bonds 68 by the Authority, subject to the terms to be agreed upon, have been filed with the Council. 69 70 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 71 VIRGINIA BEACH, VIRGINIA: 72 73 1. The Council approves the issuance of the Bonds by the Authority for the 74 benefit of the Borrower, as required by Section 147(f) of the Code, and Section 15.2-4906 75 of the Virginia Code, as applicable to affordable housing projects. 76 77 2. The Council supports the Authority's application to DHCD for one or more 78 allocations for the Bonds totaling $39,000,000 of the State Ceiling of Volume Cap. 79 80 3. The approval of the issuance of the Bonds, as required by Section 147(f) of 81 the Code and Section 15.2-4906 of the Virginia Code, and the acceptance of the fiscal 82 impact statement provided in accordance with Section 15.2-4907 of the Virginia Code do 83 not constitute an endorsement to a prospective purchaser of the Bonds of the 84 creditworthiness of the Project or the Borrower. 85 86 4. The Bonds shall provide that neither the City of Virginia Beach, Virginia (the 87 "City") nor the Authority shall be obligated to pay the Bonds or the interest thereon or other 88 costs incident thereto and that neither the faith and credit nor the taxing power of the 89 Commonwealth of Virginia, the City of Virginia Beach, or the Authority is pledged to the so payment of the principal of the Bonds or the interest thereon or other costs incident thereto. 2 91 5. In adopting this resolution, neither the City nor the Authority, including their 92 elected representatives, officers, employees and agents, shall be liable for, and hereby 93 disclaim all liability for, any damages to any person, direct or consequential, resulting from 94 the Authority's failure to issue the Bonds for any reason. 95 96 6. This resolution shall go into effect immediately upon the date of its adoption. 97 98 Adopted by the City Council of the City of Virginia Beach, Virginia on the day of 99 , 2020. APPROVED AS TO CONTENT. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DRAFT DRAFT Economic Development City Attorney CA14390 R-1 December 14, 2020 3 CERTIFICATE OF VOTES The following is a record of the vote by the Council of the City of Virginia Beach, Virginia (the "Council"), on the foregoing resolution, approved at a duly called regular meeting of the Council held on January , 2020, at which meeting a quorum of the Council was present: AYE NAY ABSTAIN ABSENT Robert M. Dyer, Mayor James Wood, Vice-Mayor Jessica Abbott Michael Berlucchi Barbara Henley Louis Jones John Moss Aaron R. Rouse _ Guy King Tower Rosemary Wilson Sabrina Wooten DRAFT Amanda Barnes, City Clerk Council of the City of Virginia Beach, Virginia 43910463v2 4 EXHIBIT F VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $39,000,000 REVENUE BONDS TO ATLANTIS PRESERVATION, LP The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Atlantis Preservation, LP's acquisition, renovation and rehabilitation of a 208-unit multifamily affordable residential housing facility, known as Atlantis Apartments, will promote commerce, safety, health, welfare, convenience or prosperity within the City of Virginia Beach. Financing provided by the Authority will (i) assist in the cost of acquiring, renovating, rehabilitating, equipping and improving the facility and (ii) add to the City's economic tax base. 4525 Main Street,Suite 700,Virginia Beach,VA 23462/Phone:757-385-6464 I Exhibit G VIRGINIA BEACH ECONOMIC DEVELOPMENT December 15, 2020 Lisa M. Murphy, Chair City of Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Re: Atlantis Preservation LP Dear Lisa: Subject to approval of the City Council of the City of Virginia Beach, the Department of Economic Development concurs with the issuance of revenue bonds in an amount not to exceed $39,000,000 for Atlantis Preservation LP and its affiliates (the "Bonds"). The issuance of the Bonds by the City of Virginia Beach Development Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of commerce, safety, health, welfare, convenience or prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of affordable, senior-designated multifamily residential rental housing. The funds are to finance or refinance a portion of (i) the acquisition, renovation, rehabilitation, equipping and improvement of a 208-unit multifamily affordable residential housing facility comprised of nineteen two-story garden apartment buildings, surface parking area, auxiliary buildings, 2 playgrounds and a basketball court located on approximately 11.79 acres of land, known as the Atlantis Apartments, (ii) the funding of debt service and other reserve funds and (iii) the payment of the costs of issuance with respect to the Bonds and other transaction expenses. If you have any questions, please do not hesitate to contact me. Sincerely, r1*2-- Taylor V. Adams Director TVA/AWS/csk • i '4111 • 1 • G i • ,c. Eri a 0 - _ t, • Q� V r 1 \-----I. y�+e.' Pam.. t ' •' 1 ( O 4 t * f jr a «CU , 0: 't , * \IS \\A" I/ \ i • cc ., , z ,___ T r . .1. a a \lc 1 ' 1 I i • • / « 11 \ .' •_ It Z } ♦—I `* •« _ C • .. •! B RCft1 l�_. . II + • 1 - I • Ili \ et • r i! • #` • « -__ • ` • • • ,, : i• • .____. •• f • • f f .!.- Nt ~- ` - • ,%.7 1 . 4. 4/.4./...e . . Disclosure Statement 'B Cali ofYryirneSauh t�r l Planning &Community �r-s�rc °x �_errY iotpie Development _ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Atlantis Preservation LP Does the applicant have a representative? ❑ Yes ❑ No • If yes,list the name of the representative. John Tatum/ Estelle Chan Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please see attached for the organization chart. • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Please see attached for the organization chart. '"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. 1IP >, gc Disclosure Statement 1�IJ City of V6yinin Beach Planning & Community 0 " Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the serice. We have not decided on a financial institution to partner with yet. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • If yes,identify the firm and individual providing the service. Dauby, O'Connor&Zaleski, LLC 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes 0 No • If yes,identify the firm and individual providing the service. Moseley Architects 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 2I Page Disclosure Statement N/B r.. [WyoJvirginiaBeath " k A • Planning &Community � .... vt ' -mow s^" ."i r.i e, • Development rst: • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. PACE Collaborative 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Williams Mullen Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature John Tatum, Authorized Signatory Print Name and Title 12/14/2020 Date Is the applicant also the owner of the subject property? ❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name 3 I Page d J . • t \ 1 (----. i - 2 ` , - \ f \ / Z - \k $� ) ' kk } ƒ § % k ) $ g \ II ! In _i a. 7 / i: 2 ; �k � ( t• i f a( / a 7© | 2 4 i§ / ƒ \ • # ; <1 ❑ q 0 % f. CI, E d N O E I I- Y M N II • III a Q J N a/ f 2g 2g a n ' s i. a , b v p n c I. u n g Y 1 7F34 B.2 a n H a n a0CI0 Disclosure Statement 'NB • egg?' City of 19 a BxcA Planning &Community Development • Owner Disclosure Owner Name CP Atlantic, L.P. Applicant Name Atlantis Preservation LP Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please see attached for the organization chart. • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list If necessary) Please see attached for the organization chart. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?in Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. SIPage Disclosure Statement City of Vug!nia dead, Planning&Community .0 Development f. Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • if yes,identify the financial institutions providing the service. Berkadia Commercial Mortgage LLC 2. Does the Owner have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. Affordable Housing Advisors 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Eisneramper LLP 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Atlantis Preservation LP is the proposed purchaser of the subject property. The purchaser is intending to acquire and rehabilitate/renovate the property. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • if yes,identify the firm and individual providing the service. Wage Disclosure Statement C1ty ofVhijin� ihv h- Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing legal the service. E.Allan Mack, LLC Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. tt\ CP Atlantic, L.P. Atlantis-Michaels, L.L,C OwrSignature James R. Miller, Vice President Print Name and Title 12/14/2020 Date 7IPage a U. U. L U a. x r. i. C) O X E O.x 01 --- a1 4_, U cu E Q H U C C ` O u O G'] LL f0 C ▪ V C a N U E • '= Q m a 1 J J yj C GJ t a- _ u o o � a) w c 0 4 ,, fry J3, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Five Positions in the Department of the Virginia Aquarium MEETING DATE: January 19, 2021 • Background: In January 2019, the Virginia Aquarium's Marsh Pavilion was closed to the public for renovations. Construction was originally expected to be completed in April 2021 . The Departments of Public Works and the Virginia Aquarium now anticipate construction to be completed in May 2021 . The new building — now called the South Building — will be larger than the old facility, increasing from 18,014 square feet to 58,170 square feet. To staff this new facility and accommodate new programming, the Department of the Virginia Aquarium requests five additional FTEs, including one Exhibits Technician, two Museum Educators, one Laboratory Technician, and one Veterinary Technician. The following is an outline of each of the positions being requested: Exhibits Technician I: With the increase of technical and interactive exhibits on the Aquarium campus, both indoors and outdoors, there is a need for an additional staff member to start up these exhibits prior to opening, to shut them down upon closing, and to perform preventive and scheduled maintenance. Educator I Positions (2): Expanded exhibit galleries have created increased educational engagement needs, particularly among the outdoor exhibit spaces, the interactive touch pool, and the veterinary exhibit wing. Laboratory Technician I: The South Building features an enhanced water quality lab that will be used to perform water testing for all Virginia Aquarium aquatic holdings, including the Main Building, South Building, and Darden Marine Animal Conservation Center. This new water quality lab will be viewed by Aquarium guests from the exhibit floor, seven days a week. This position expands the ability to test water quality from five days a week to seven days a week, while also providing the capacity for laboratory technicians to provide on-the-spot learning programs for guests. Hospital Manager (Veterinarian Technician III): As the Aquarium collection grows, so does the need to provide medical care. This position will shorten the time between wellness examinations and improve the ability to address acute care needs. These five positions were requested as part of the FY 2020-21 budget development process. In the originally proposed budget, the City Manager recommended the addition of three of these positions with a March 1, 2021 start date, as these positions were identified by the Virginia Aquarium as being most critical to the opening of the South Building. These positions include the Laboratory Technician, Veterinarian Technician, and Museum Educator. At the time of the FY 2020-21 budget development, the Aquarium was projecting a 20% increase, approximately $1,300,000, in admissions revenue in the first year following the South Building's opening. After the first year, the department was expecting to see a sustained revenue increase of 10-15%, or $660,000 - $987,000. The Aquarium indicated that this would be enough to fund costs associated with the South Building from FY 2021-22 forward, thereby establishing a revenue stream to fully fund these five positions. Due to the impacts of the COVID-19 pandemic, revenue estimates for the Virginia Aquarium were reduced, and the new positions were not included in the amended version of the proposed operating budget or within the Adopted FY 2020-21 Operating Budget. However, these positions remain critical to the facility, and the Department requests the authorization of these positions with funding provided by vacancy savings generated through the first half of FY 2020-21. These positions are estimated to cost $142,209 in FY 2020-21 , and if this request is approved by the City Council, these positions will be included in the City Manager's Proposed FY 2021-22 Operating Budget. • Considerations: Should the City Council authorize the creation of these five new positions, the Department of the Virginia Aquarium will use vacancy savings in existing appropriations for the costs of these positions in FY 2020-21. • Public Information: Normal City Council agenda process • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: The Department of the Virginia Aquarium City Manager: , 1 AN ORDINANCE TO AUTHORIZE FIVE POSITIONS IN THE 2 DEPARTMENT OF THE VIRGINIA AQUARIUM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 5 VIRGINIA. THAT 6 7 Five additional full-time equivalent positions are hereby authorized in the 8 Department of the Virginia Aquarium. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2021 APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY Budget and i 4anagementel`vices rty Atto y's Office CA152G� R-1 January 7 2021 uu CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Suspend the Tax Imposed by City Code Sections 18-49 and 18-50 for Calendar Year 2021 and to Provide Offsets MEETING DATE: January 19, 2021 ■ Background: The City imposes local license taxes upon various businesses with licenses from the Virginia Alcohol Beverage Control Authority. These local license taxes are authorized by § 4.1-233 of the Code of Virginia. The local license is in addition to any state approvals and fees. The vast majority of such local licenses are paid by restaurants serving beer, wine, and mixed beverages. • Considerations: The estimated annual revenue from local ABC licenses is $325,000. The attached ordinance suspends these local license taxes for calendar year 2021. This tax suspension will provide some relief to those businesses that have been hit particularly hard by public health restrictions during the COVID-19 Pandemic. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance REQUESTED BY COUNCILMEMBER TOWER SPONSORED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO SUSPEND THE TAX 2 IMPOSED BY CITY CODE SECTIONS 18-49 AND 3 18-50 FOR CALENDAR YEAR 2021 AND TO 4 PROVIDE OFFSETS 5 6 WHEREAS, the City Council has heard from constituents in the food service 7 industry about the acute economic pain resulting from COVID-19 public health 8 restrictions; and 9 10 WHEREAS, the City Council has created a reservation in its fund balance to allow 11 for Pandemic Relief; 12 13 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA. THAT: 15 16 1. The license tax imposed by City Code sections 18-49 and 18-50 are hereby 17 suspended for the entirety of calendar year 2021. The Commissioner of the 18 Revenue is hereby requested to provide notice of such suspension to 19 businesses that paid the relevant license tax in 2020 and any other business 20 that would be subject to such license tax. 21 22 2. To provide an offset for the reduction of revenue from loss of license tax 23 revenue, the City Council hereby appropriates $325,000 from the fund balance 24 reserved for Pandemic Relief. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote of a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: J tto ey's Office CA15296 R-1 January 12, 2021 cqp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add a Legislative Request to the 2021 Legislative Agenda to Support Four Bills MEETING DATE: January 19, 2021 • Background: On November 17, 2020, the City Council adopted the City's 2021 Legislative Agenda, through which the City Council advises the local delegation to the Virginia General Assembly of the City's legislative priorities and goals. Since then, four bills have been introduced for the 2021 Session: • Senate Bill 1119 (Body-Worn Camera System Fund) would create a special fund to assist state and local law-enforcement agencies with the costs of purchasing, operating and maintaining body-worn camera systems; • House Bill 1859 (C-PACE Program) would allow localities greater flexibility in administering commercial property assessed clean energy (C-PACE) financing programs; • House Bill 2042 (Tree Canopy) would allow localities to adopt local tree replacement and planting ordinances that exceed previous minimum requirements to address recurrent flooding and comply with the local comprehensive plan; and • House Bill 1738 (Outdoor Refreshment Area) would allow local governing bodies to create up to three outdoor refreshment areas (ORAs) within their localities, with a maximum size of one-half square mile per area, which would authorize patrons of restaurants or other businesses with an ABC retail license located in the area to leave the business and lawfully walk within the ORA with an alcoholic beverage • Considerations: On January 12, 2021, the City Council received a public briefing regarding these three bills. This resolution supports those bills, urges their approval, and adds them to the City's 2021 Legislative Agenda. • Public Information: Normal Council agenda process. The City Council received a public briefing on this matter on January 12, 2021, and public comment will be received by the Council prior to its vote. • Attachments: Resolution and the four bills REQUESTED BY CITY COUNCIL REQUESTED BY CITY COUNCIL 1 A RESOLUTION TO ADD A LEGISLATIVE 2 REQUEST TO THE 2021 LEGISLATIVE AGENDA 3 TO SUPPORT FOUR BILLS 4 5 WHEREAS, on January 12, 2021, the City Council received a public briefing on 6 the following four General Assembly bills: 7 8 • Senate Bill 1119 (Body-Worn Camera System Fund) would create a special 9 fund to assist state and local law-enforcement agencies with the costs of 10 purchasing, operating and maintaining body-worn camera systems; 11 12 • House Bill 1859 (C-PACE Program) would allow localities greater flexibility 13 in administering commercial property assessed clean energy (C-PACE) 14 financing programs; 15 16 • House Bill 2042 (Tree Canopy) would allow localities to adopt local tree 17 replacement and planting ordinances that exceed previous minimum 18 requirements to address recurrent flooding and comply with the local 19 comprehensive plan; and 20 21 • House Bill 1738 (Outdoor Refreshment Area) would allow local governing 22 bodies to create up to three outdoor refreshment areas (ORAs) within their 23 localities, with a maximum size of one-half square mile per area, which 24 would authorize patrons of restaurants or other businesses with an ABC 25 retail license located in the area to leave the business and lawfully walk 26 within the ORA with an alcoholic beverage; and 27 28 WHEREAS, it is the sense of the City Council that enactment of these four bills 29 would positively impact the safety, welfare and quality of life of the City's residents and 30 visitors; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA, THAT: 34 35 The City Council urges the approval of these four bills, support for which are hereby 36 added to the Virginia Beach 2021 Legislative Agenda. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: ,earl,k:g City Attomey's Offic CA15303 R-2 January 12,2021 2021 SESSION INTRODUCED 21100448D 1 HOUSE BILL NO. 1738 I..� 2 Offered January 13,2021 3 Prefiled November 6,2020 4 A BILL to amend and reenact §§ 4.1-128 and 4.1-308 of the Code of Virginia and to amend the Code H 5 of Virginia by adding a section numbered 4.1-128.1 and by adding in Article 1 of Chapter 9 of Title 6 15.2 a section numbered 15.2-926.5, relating to alcoholic beverage control; local outdoor 0 7 refreshment areas. 0 8 Patrons—Wampler and Mugler 9 �J+ 10 Committee Referral Pending (� 11 12 Be it enacted by the General Assembly of Virginia: ` ! 13 1. That §§ 4.1-128 and 4.1-308 of the Code of Virginia are amended and reenacted and that the 14 Code of Virginia is amended by adding a section numbered 4.1-128.1 and by adding in Article 1 15 of Chapter 9 of Title 15.2 a section numbered 15.2-926.5 as follows: 16 §4.1-128. Local ordinances or resolutions regulating or taxing alcoholic beverages. 17 A. No county, city, or town shall, except as provided in § 41.1 205 of 4.1-128.1, 4.1-129, or 4.1-205, 18 adopt any ordinance or resolution which that regulates or prohibits the manufacture, bottling, possession, 19 sale, wholesale distribution, handling, transportation, drinking, use, advertising, or dispensing of 20 alcoholic beverages in the Commonwealth. Nor shall any county, city, or town adopt an ordinance or 21 resolution that prohibits or regulates the storage, warehousing, and wholesaling of wine in accordance 22 with Title 4.1, regulations of the Board, and federal law at a licensed farm winery. 23 No provision of law, general or special, shall be construed to authorize any county, city, or town to 24 adopt any ordinance or resolution that imposes a sales or excise tax on alcoholic beverages, other than `4'.." 25 the taxes authorized by § 58.1-605, 58.1-3833, or 58.1-3840. The foregoing limitation shall not affect the t",,, 26 authority of any county, city, or town to impose a license or privilege tax or fee on a business engaged O0 27 in whole or in part in the sale of alcoholic beverages if the license or privilege tax or fee (i) is based on 28 an annual or per event flat fee specifically authorized by general law or (ii) is an annual license or 29 privilege tax specifically authorized by general law, which includes alcoholic beverages in its taxable 30 measure and treats alcoholic beverages the same as if they were nonalcoholic beverages. 31 B. However, the governing body of any county, city, or town may adopt an ordinance that (i) 32 prohibits the acts described in subsection A of § 4.1-308 subject to the provisions of subsections B and, 33 E, and F of § 4.1-308, or the acts described in § 4.1-309, and may provide a penalty for violation 34 thereof and (ii) subject to subsection C of § 4.1-308, regulates or prohibits the possession of opened 35 alcoholic beverage containers in its local public parks, playgrounds, public streets, and any sidewalk 36 adjoining any public street. 37 C. Except as provided in this section, all local acts, including charter provisions and ordinances of 38 cities and towns, inconsistent with any of the provisions of this title, are repealed to the extent of such 39 inconsistency. 40 §4.1-128.1. Local ordinances creating outdoor refreshment areas. 41 A. As used in this section: 42 "Outdoor refreshment area" means an area within a locality covering an area of up to one-half 43 square mile that features a combination of dining, entertainment, office, residential, or hotel 44 establishments located in a physically integrated outdoor setting that is or can be made pedestrian 45 friendly. 46 "TNC partner vehicle"means the same as that term is defined in § 46.2-2000. 47 B. The governing body of each locality in the Commonwealth may designate, by ordinance, up to 48 three outdoor refreshment areas within such locality, which may be located contiguous to one another. 49 Such ordinance shall permit the consumption of alcoholic beverages within the designated outdoor 50 refreshment area and permit any permanent retail on premises licensee that is located within such 51 designated outdoor refreshment area to sell alcoholic beverages within the permanent retail location for 52 consumption within the designated outdoor refreshment area, including sidewalks and the premises of 53 businesses not licensed to sell alcoholic beverages at retail, upon approval of such businesses. 54 C. An ordinance adopted pursuant to this section shall: 55 1. Provide that only alcoholic beverages purchased from permanent retail on premises licensees 56 located within the designated outdoor refreshment area may be consumed within the outdoor 57 refreshment area, and such alcoholic beverages shall be contained in paper, plastic, or similar 58 disposable containers with a maximum capacity of no more than 16 fluid ounces that clearly display the HB1738 2 of 2 59 name or logo of the retail on premises licensee from which the alcoholic beverage was purchased; 60 2. Require the locality to post appropriate signage that demarcates for the public the boundaries of 61 the outdoor refreshment area; 62 3. Include a provision establishing the hours during which alcoholic beverages may be consumed 63 within the outdoor refreshment area; and 64 4. Prohibit the consumption of alcoholic beverages on the exterior premises of any (i) church, 65 synagogue, mosque, or other place of religious worship or (ii)public, private, or parochial school or an 66 institution of higher education located within the outdoor refreshment area. 67 D. Prior to adopting an ordinance pursuant to this section, the locality shall, with the assistance of 68 local law-enforcement agencies, establish a public safety plan for each outdoor refreshment area. Such 69 plan shall: 70 1. Detail local strategies for managing pedestrian and motor vehicle traffic within the outdoor 71 refreshment area; 72 2. Identf and designate at least one TNC partner vehicle pickup area within or near each outdoor 73 refreshment area to help facilitate efficient and safe travel to and from the outdoor refreshment area; 74 3. Incorporate local law-enforcement agencies to provide for the safety and welfare of individuals 75 and businesses located within the outdoor refreshment area; and 76 4. Provide for the management of any additional locality-specific public safety concerns. 77 E Prior to adopting an ordinance pursuant to this section, the locality shall publish notice of its 78 intent to consider the adoption of such an ordinance in a newspaper having general circulation in the 79 locality. The notice shall sped the time and place of a public hearing at which interested persons may 80 present their views, not less than 30 days after publication of the notice. 81 F. A copy of any ordinance adopted pursuant to this section shall be certified by the clerk of the 82 governing body adopting it and transmitted to the Board 83 § 4.1-308. Drinking alcoholic beverages, or offering to another, in public place; penalty; 84 exceptions. 85 A. If any person takes a drink of alcoholic beverages or offers a drink thereof to another, whether 86 accepted or not, at or in any public place, he is guilty of a Class 4 misdemeanor. 87 B. This section shall not prevent any person from drinking alcoholic beverages or offering a drink 88 thereof to another in any rooms or areas approved by the Board in a licensed establishment, provided 89 such establishment or the person who operates the same is licensed to sell alcoholic beverages at retail 90 for on-premises consumption and the alcoholic beverages drunk or offered were purchased therein. 91 C. This section shall not prevent any person from drinking alcoholic beverages or offering a drink 92 thereof to another in any room or area approved by the Board at an event for which a banquet license, 93 mixed beverage special events license, or local special events license has been granted. Nor shall this 94 section prevent, upon authorization of the licensee, any person from drinking his own lawfully acquired 95 alcoholic beverages or offering a drink thereof to another in approved areas and locations at events for 96 which a coliseum or stadium license has been granted. 97 D. This section shall not prevent any person from drinking alcoholic beverages or offering a drink 98 thereof to another on a chartered boat being used for the transportation of passengers for compensation 99 which is not licensed by the Board and which does not sell alcoholic beverages. 100 E. This section shall not prevent any person from drinking alcoholic beverages or offering a drink 101 thereof to another in any areas approved by the Board in a licensed commercial lifestyle center. 102 F. This section shall not prevent any person from drinking alcoholic beverages or offering a drink 103 thereof to another within an outdoor refreshment area designated by a locality pursuant to § 4.1-128.1. 104 If however, a locality has limited the hours within which alcoholic beverages may be consumed within 105 the outdoor refreshment area pursuant to subsection C of§ 4.1-128.1, the provisions of subsection A 106 shall apply during those hours within which the consumption of alcoholic beverages within the outdoor 107 refreshment area is prohibited 108 §15.2-926.5. Local ordinances creating outdoor refreshment areas. 109 In addition to any other authority granted to localities by law, the governing body of each locality in 110 the Commonwealth may designate, by ordinance, up to three outdoor refreshment areas within such 111 locality pursuant to the provisions of§ 4.1-128.1. 2021 SESSION INTRODUCED 21100957D 1 SENATE BILL NO.1119 I..I 2 Offered January 13,2021 3 Prefiled December 22,2020 4 A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section 5 numbered 9.1-116.7, relating to law-enforcement agencies; body-worn camera systems. 6 Patrons—Reeves;Delegate:Cole,M.L. 0 7 8 Referred to Committee on the Judiciary 9 10 Be it enacted by the General Assembly of Virginia: (� 11 1. That the Code of Virginia is amended by adding in Article 1 of Chapter 1 of Title 9.1 a section ^ 12 numbered 9.1-116.7 as follows: 1 1 13 §9.1-116.7. Body-Worn Camera System Fund 14 A. There is hereby created in the state treasury a special nonreverting fund to be known as the 15 Body-Worn Camera System Fund, referred to in this section as "the Fund." The Fund shall be ij 16 established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, 17 donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury 18 and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be 19 credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal 20 year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be 21 used solely for the purposes of assisting state or local law-enforcement agencies with the costs of 22 purchasing, operating, and maintaining body-worn camera systems as defined in § 15.2-1723.1. 23 Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued bd 24 by the Comptroller upon written request signed by the Director of the Department. 25 B. The Fund shall be administered by the Department, and the Department shall adopt guidelines to 26 make funds available to state or local law-enforcement agencies for the purpose of assisting state or 27 local law-enforcement agencies with the costs of purchasing, operating, and maintaining body-worn 28 camera systems as defined in §15.2-1723.1. 2021 SESSION INTRODUCED 21101155D 1 HOUSE BILL NO. 1859 L.I 2 Offered January 13,2021 3 Prefiled January 7,2021 4 A BILL to amend and reenact § 15.2-958.3 of the Code of Virginia, relating to financing clean energy H 5 and other programs; when owner costs incurred 6 Patron—Guy 7 8 Referred to Committee on Counties,Cities and Towns 9 10 Be it enacted by the General Assembly of Virginia: 11 1. That § 15.2-958.3 of the Code of Virginia is amended and reenacted as follows: ^ 12 §15.2-958.3. Financing clean energy, resiliency, and stormwater management programs. 1 1 13 A. Any locality may, by ordinance, authorize contracts to provide loans for the initial acquisition and L', 14 installation of clean energy, resiliency, or stormwater management improvements with free and willing 15 property owners of both existing properties and new construction. No such loan shall be used to ti 16 improve a residential dwelling that contains fewer than five dwelling units or a residential condominium 17 as defined in §55.1-2000. Such an ordinance shall include but net he kited to the following: 18 1. The kinds of renewable energy production and distribution facilities, energy usage efficiency 19 improvements, resiliency improvements, water usage efficiency improvements, or stormwater 20 management improvements for which loans may be offered. Resiliency improvements may include 21 mitigation of flooding or the impacts of flooding or stormwater management improvements with a 22 preference for natural or nature-based features and living shorelines as defined in §28.2-104.1; 23 2. The proposed arrangement for such loan program, including (i) a statement concerning the source 24 of funding that will be used to pay for work performed pursuant to the contracts; (ii) the interest Fate bd 25 end time period during which contracting property owners would repay the loan; and (iii) the method of 26 apportioning all or any portion of the costs incidental to financing, administration, and collection of the `O 27 arrangement among the consenting property owners and the locality; 28 3. (i) A minimum and maximum aggregate dollar amount that may be financed with respect to a 29 property and (ii) if a locality or other public body is originating the loan, a maximum aggregate dollar 30 amount that may be financed with respect to leans a loan originated by the locality or other public 31 body. If the property owner incurred the costs of improvements to be refinanced or reimbursed within 32 the two years prior to the closing date of the financing and if such improvements have been made, the 33 loan amount may include the total costs of the improvements to be refinanced or reimbursed; 34 4. In the case of a loan program described in clause (ii) of subdivision 3, a method for setting 35 requests from property owners for financing in priority order in the event that requests appear likely to 36 exceed the authorization amount of the loan program. Priority shall be given to those requests from 37 property owners who meet established income or assessed property value eligibility requirements; 38 5. Identification of a local official authorized to enter into contracts on behalf of the locality. A 39 locality may contract with a third party for professional services to administer such loan program; 40 6. Identification of any fee that the locality intends to impose on the property owner requesting to 41 participate in the loan program to offset the cost of administering the loan program. The fee may be 42 assessed as (i) a program application closing fee paid by the property owner requesting to participate in 43 the program; or (ii) a component of the interest rate en the assessment in the written contrast between 44 the locality and the property owner, of (4ii) a combination of clauses (i) and (ii-)project application fee; 45 and 46 7. A draft contract specifying the terms and conditions proposed by the locality. 47 B. The locality may combine the loan payments required by the contracts with billings for water or 48 sewer charges, real property tax assessments, or other billings; in such cases, the locality may establish 49 the order in which loan payments will be applied to the different charges. The locality may shall not 50 combine its billings for loan payments required by a contract authorized pursuant to this section with 51 billings of another locality or political subdivision, including an authority operating pursuant to Chapter 52 51 (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly 53 adopted resolution or ordinance. 54 C. The locality shall offer private lending institutions the opportunity to participate in local loan 55 programs established pursuant to this section. 56 D. In order to secure the a loan authorized pursuant to this section, the locality shall be authorized to 57 may place a voluntary special assessment lien equal in value to the loan against any property where such 58 clean energy systems, resiliency improvements, or stormwater management improvements are being HB1859 2 of 59 installed. The locality may bundle or package said such loans for transfer to private lenders in saeh a 60 manner that would allow allows the voluntary special assessment liens to remain in full force to secure 61 the loans. The placement of a voluntary special assessment lien shall not require a new assessment of 62 the value of the real property that is being improved under the loan program. 63 E. A voluntary special assessment lien on real property ether than a residential dwelling with fewer 64 than five dwelling units or a eendeminium project as defined in § 55.1 'moo: 65 1. Shall have the same priority status as a property tax lien against real property, except that such 66 voluntary special assessment lien shall have priority over any previously recorded mortgage or deed of 67 trust lien only if(i) a written subordination agreement, in a form and substance acceptable to each prior 68 lienholder in its sole and exclusive discretion, is executed by the holder of each mortgage or deed of 69 trust lien on the property and recorded with the special assessment lien in the land records where the 70 property is located, and (ii) evidence that the property owner is current on payments on loans secured by 71 a mortgage or deed of trust lien on the property and on property tax payments, that the property owner 72 is not insolvent or in bankruptcy proceedings, and that the title of the benefited property is not in 73 dispute is submitted to the locality prior to recording of the special assessment lien; 74 2. Shall run with the land, and that portion of the assessment under the assessment contract that has 75 not yet become due is not eliminated by foreclosure of a property tax lien; 76 3. May be enforceable by the local government in the same manner that a property tax lien against 77 real property may be enforced by the local government. A local government shall be entitled to recover 78 costs and expenses, including attorney fees, in a suit to collect a delinquent installment of an assessment 79 in the same manner as in a suit to collect a delinquent property tax; and 80 4. May incur interest and penalties for delinquent installments of the assessment in the same manner 81 as delinquent property taxes. 82 F. Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at 83 which interested persons may object to or inquire about the proposed loan program or any of its 84 particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper 85 of general circulation in the locality. 86 G. The Department of Mines, Minerals and Energy shall have the authority to may serve as a 87 statewide sponsor for a clean energy financing program that meets the requirements of this section. The 88 Department of Mines, Minerals and Energy shall engage a private entity through a competitive selection 89 process to develop and administer the program. 2021 SESSION INTRODUCED 21102573D 1 HOUSE BILL NO.2042 I..I 2 Offered January 13,2021 3 Prefiled January 12,2021 4 A BILL to amend and reenact §§ 15.2-961 and 15.2-961.1 of the Code of Virginia, relating to 5 replacement and conservation of trees during development. 6 Patron—Guy O 7 8 Committee Referral Pending 9 10 Be it enacted by the General Assembly of Virginia: 11 1. That §§ 15.2-961 and 15.2-961.1 of the Code of Virginia are amended and reenacted as follows: 12 § 15.2-961. Replacement of trees during development process in certain localities. 1 1 13 A. Any locality with a population density of at least 75 persons per square mile or any locality t J 14 within the Chesapeake Bay watershed may adopt an ordinance providing for the planting and 15 replacement of trees during the development process pursuant to the provisions of this section. ej 16 Population density shall be based upon the latest population estimates of the Cooper Center for Public 17 Service of the University of Virginia. 18 B. The Except as set forth in subsection J, the ordinance shall require that the site plan for any 19 subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, 21 as follows: 22 1. Ten percent tree canopy for a site zoned business, commercial, or industrial; 23 2. Ten percent tree canopy for a residential site zoned 20 or more units per acre; 24 3. Fifteen percent tree canopy for a residential site zoned more than 10 but less than 20 units per CO 25 acre; and 26 4. Twenty percent tree canopy for a residential site zoned 10 units or less per acre. 27 However, the City of Williamsburg may require at 10 years the minimum tree canopies or covers set 28 out above. 29 C. The ordinance shall require that the site plan for any subdivision or development include, at 20 30 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in 31 § 54.1-2310, notwithstanding any other provision of this section. In no event shall any local tree 32 replacement or planting ordinance adopted pursuant to this section exceed the requirements of this 33 subsection. 34 D. The ordinance shall provide for reasonable provisions for reducing the tree canopy requirements 35 or granting tree cover credit in consideration of the preservation of existing tree cover or for esi 36 preservation of trees of outstanding age, size or physical characteristics. 37 E. The ordinance shall provide for reasonable exceptions to or deviations from these requirements to esi 38 allow for the reasonable development of farm land or other areas devoid of healthy or suitable woody 39 materials, for the preservation of wetlands, or otherwise when the strict application of the requirements 40 would result in unnecessary or unreasonable hardship to the developer. In such instances, the ordinance 41 may provide for a tree canopy bank or fund whereby a portion of a development's tree canopy 42 requirement may be met from off-site planting or replacement of trees, as provided in § 15.2-961.1, at 43 the direction of the locality. The following shall be exempt from the requirements of any tree 44 replacement or planting ordinance promulgated under this section: dedicated school sites, playing fields 45 and other nonwooded recreation areas, and other facilities and uses of a similar nature. 46 F. The ordinance may designate tree species that cannot be planted to meet minimum tree canopy 47 requirements due to tendencies of such species to (i) negatively impact native plant communities, (ii) 48 cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that 49 cause such trees to structurally fail. All trees to be planted shall meet the specifications of the 50 AmericanHort. The planting of trees shall be done in accordance with either the standardized landscape 51 specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society 52 of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or 53 the road and bridge specifications of the Virginia Department of Transportation. 54 G. Existing trees which are to be preserved may be included to meet all or part of the canopy 55 requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet 56 standards of desirability and life-year expectancy which the locality may establish. 57 H. For purposes of this section: 58 "Tree canopy" or "tree cover" includes all areas of coverage by plant material exceeding five feet in HB2042 2 of 5 59 height, and the extent of planted tree canopy at 10 or 20 years maturity. Planted canopy at 10 or 20 60 years maturity shall be based on published reference texts generally accepted by landscape architects, 61 nurserymen, and arborists in the community, and the texts shall be specified in the ordinance. 62 I. Penalties for violations of ordinances adopted pursuant to this section shall be the same as those 63 applicable to violations of zoning ordinances of the locality. 64 J. In no event shall any A local tree replacement or planting ordinance adopted pursuant to this 65 section may exceed the requirements set forth herein (i) to generate pollution reduction credits through 66 installation of an approved Urban Tree Canopy Expansion best management practice (BMP) or other 67 approved BMP for compliance with the locality's Municipal Separate Storm Sewer System (MS4) Permit; 68 (ii) in any development project located in a Chesapeake Bay Preservation Area; (iii) in any development 69 project located in an area that prior to the passage of the federal Fair Housing Act of 1968, 42 U.S.C. 70 § 3601 et seq., was redlined or graded "D"by the federal Home Owners'Loan Corporation; and (iv) to 71 ensure conformity with the comprehensive plan adopted by the locality pursuant to §§ 15.2-2223 through 72 15.2-2226. 73 K. Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of 74 this section prior to July 1, 1990, which imposes standards for tree replacement or planting during the 75 development process. 76 L. Nothing in this section shall invalidate any local ordinance adopted by the City of Williamsburg 77 that imposes standards for 10-year-minimum tree cover replacement or planting during the development 78 process. 79 M. Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of 80 this section after July 1, 1990, which imposes standards for 20-year-minimum tree cover replacement or 81 planting during the development process. 82 §15.2-961.1. Conservation of trees during land development process. 83 A. For purposes of this section, "tree canopy" or "tree cover" includes all areas of canopy coverage 84 by self-supporting and healthy woody plant material exceeding five feet in height, and the extent of 85 planted tree canopy at 20-years maturity. 86 B. Any locality within Planning Distriet 8 that meets the population density criteria e€subseetion A 87 of§ 15.2 961 and is classified as an eight-hour new area fec ozone under the federal Glean Air 88 Aet and Amendments of f9907 in effect as of July 2008, may adopt an ordinance providing for the 89 conservation of trees during the land development process pursuant to the provisions of this section. In 90 no event shall any local tree conservation ordinance adopted pursuant to this section also impose the tree 91 replacement provisions of§ 15.2-961. 92 C. The ordinance shall require that the site plan for any subdivision or development provide for the 93 preservation or replacement of trees on the development site such that the minimum tree canopy or tree 94 cover percentage 20 years after development is projected to be as follows: 95 1. Ten percent tree canopy for a site zoned business, commercial, or industrial; 96 2. Ten percent tree canopy for a residential site zoned 20 or more units per acre; 97 3. Fifteen percent tree canopy for a residential site zoned more than eight but less than 20 units per 98 acre; 99 4. Twenty percent tree canopy for a residential site zoned more than four but not more than eight 100 units per acre; 101 5. Twenty-five percent tree canopy for a residential site zoned more than two but not more than four 102 units per acre; and 103 6. Thirty percent tree canopy for a residential site zoned two or fewer units per acre. 104 In meeting these percentages, (i) the ordinance shall first emphasize the preservation of existing tree 105 canopy where that canopy meets local standards for health and structural condition, and where it is 106 feasible to do so within the framework of design standards and densities allowed by the local zoning 107 and other development ordinances; and (ii) second, where it is not feasible in whole or in part for any 108 of the justifications listed in subsection E to preserve existing canopy in the required percentages listed 109 above, the ordinance shall provide for the planting of new trees to meet the required percentages. 110 D. Except as provided in subsection E, the percentage of the site covered by tree canopy at the time 111 of plan submission shall equate to the minimum portion of the requirements identified in subsection C 112 that shall be provided through tree preservation. This portion of the canopy requirements shall be 113 identified as the "tree preservation target" and shall be included in site plan calculations or narratives 114 demonstrating how the overall requirements of subsection C have been met. 115 E. The ordinance shall provide deviations, in whole or in part, from the tree preservation target 116 defined in subsection D under the following conditions: 117 1. Meeting the preservation target would prevent the development of uses and densities otherwise 118 allowed by the locality's zoning or development ordinance. 119 2. The predevelopment condition of vegetation does not meet the locality's standards for health and 120 structural condition. 3 of 5 121 3. Construction activities could be reasonably expected to impact existing trees to the extent that they 122 would not likely survive in a healthy and structurally sound manner. This includes activities that would 123 cause direct physical damage to the trees, including root systems, or cause environmental changes that I..I 124 could result in or predispose the trees to structural and health problems. 125 If, in the opinion of the developer, the project cannot meet the tree preservation target due to the 126 conditions described in subdivision 1, 2, or 3, the developer may request a deviation from the H 127 preservation requirement in subsection D. In the request for deviation, the developer shall provide a 128 letter to the locality that provides justification for the deviation, describes how the deviation is the 0 129 minimum necessary to afford relief, and describes how the requirements of subsection C will be met 130 through tree planting or a tree canopy bank or fund established by the locality. Proposed deviations shall O 131 be reviewed by the locality's urban forester, arborist, or equivalent in consultation with the locality's land u 132 development or licensed professional civil engineering review staff. The locality may propose an 133 alternative site design based upon adopted land development practices and sound vegetation management 134 practices that take into account the relationship between the cost of conservation and the benefits of the 135 trees to be preserved as described in ANSI A300 (Part 5) — 2005 Management: Tree, Shrub, and Other 1 j 136 Woody Plant Maintenance — Standard Practices, Management of Trees and Shrubs During Site M 137 Planning, Site Development, and Construction, Annex A, A-1.5, Cost Benefits Analysis (or the latest 138 version of this standard). The developer shall consider the alternative and redesign the plan accordingly, el 139 or elect to satisfy the unmet portion of the preservation threshold through on-site tree planting or 140 through the off-site planting mechanisms identified in subsection G, so long as the developer provides 141 the locality with an explanation of why the alternative design recommendations were rejected. Letters of 142 explanation from the developer shall be prepared and certified by a licensed professional engineer as 143 defined in § 54.1-400. If arboricultural issues are part of explanation then the letter shall be signed by a 144 Certified Arborist who has taken and passed the certification examination sponsored by the International 145 Society of Arboriculture and who maintains a valid certification status or by a Registered Consulting 146 Arborist as designated by the American Society of Consulting Arborists. If arboricultural issues are the 147 sole subject of the letter of explanation then certification by a licensed professional engineer shall not be it 148 required. 149 F. The ordinance shall provide for deviations of the overall canopy requirements set forth in N 150 subsection C to allow for the preservation of wetlands, the development of farm land or other areas 151 previously devoid of healthy and/or suitable tree canopy, or where the strict application of the 152 requirements would result in unnecessary or unreasonable hardship to the developer. 153 G. The ordinance shall provide for the establishment of a tree canopy bank or fund whereby any 154 portion of the tree canopy requirement that cannot be met on-site may be met through off-site tree 155 preservation or tree planting efforts. Such provisions may be offered where it can be demonstrated that 156 application of the requirements of subsection C would cause irresolvable conflicts with other local site 157 development requirements, standards, or comprehensive planning goals, where sites or portions of sites 158 lack sufficient space for future tree growth, where planting spaces will not provide adequate space for 159 healthy root development, where trees will cause unavoidable conflicts with underground or overhead 160 utilities, or where it can be demonstrated that trees are likely to cause damage to public infrastructure. 161 The ordinance may utilize any of the following off-site canopy establishment mechanisms: 162 1. A tree canopy bank may be established in order for the locality to facilitate off-site tree 163 preservation, tree planting, stream bank, and riparian restoration projects. Banking efforts shall provide 164 tree canopy that is preserved in perpetuity through conservation easements, deed restrictions, or similar 165 protective mechanisms acceptable to the locality. Projects used in off-site banking will meet the same 166 ordinance standards established for on-site tree canopy; however, the locality may also require the 167 submission of five-year management plans and funds to ensure the execution of maintenance and 168 management obligations identified in those plans. Any such bank shall occur within the same 169 nonattainment area in which the locality approving the tree banking is situated. 170 2. A tree canopy fund may be established to act as a fiscal mechanism to collect, manage, and 171 disburse fees collected from developers that cannot provide full canopy requirements on-site. The 172 locality may use this fund directly to plant trees on public property, or the locality may elect to disburse 173 this fund to community-based organizations exempt from taxation under § 501(c)(3) of the Internal 174 Revenue Code with tree planting or community beautification missions for tree planting programs that 175 benefit the community at large. For purposes of establishing consistent and predictable fees, the 176 ordinance shall establish cost units that are based on average costs to establish 20-year canopy areas 177 using two-inch caliper nursery stock trees. Any funds collected by localities for these purposes shall be 178 spent or disbursed as set forth herein within a five-year period established by the collection date er the 179 locality shall fetufa such funds to the original of legal seeeessor. 180 H. The following uses shall be exempt from the requirements of any ordinance promulgated under 181 this section: bona fide silvicultural activity as defined by § 10.1-1181.1 and the areas of sites included in HB2042 4 of 5 182 lakes, ponds, and the normal water elevation area of stormwater retention facilities. The ordinance shall 183 modify the canopy requirements of dedicated school sites, playing fields, and other nonwooded active 184 recreation areas by allowing these and other facilities and uses of a similar nature to provide 10 percent 185 tree canopy 20 years after development. 186 I. 1. In recognition of the added benefits of tree preservation, the ordinance shall provide for an 187 additional tree canopy credit of up to one and one-quarter times the canopy area at the time of plan 188 submission for individual trees or the coalesced canopy of forested areas preserved from the 189 predevelopment tree canopy. 190 2. The following additional credits may be provided in the ordinance in connection with tree 191 preservation: 192 a. The ordinance may provide canopy credits of up to one and one-half times the actual canopy area 193 for the preservation of forest communities that achieve environmental, ecological, and wildlife 194 conservation objectives set by the locality. The ordinance may establish minimal area, dimensional and 195 viability standards as prerequisites for the application of credits. Forest communities shall be identified 196 using the nomenclature of either the federal National Vegetation Classification System (FGDC-STD-005, 197 or latest version) or the Natural Communities of Virginia Classification of Ecological Community 198 Groups, Second Approximation (Version 2.2, or latest version). 199 b. The ordinance may provide canopy credits of up to three times the actual canopy area of trees that 200 are officially designated for preservation in conjunction with local tree conservation ordinances based on 201 the authority granted by § 10.1-1127.1. 202 J. The following additional credits shall be provided in the ordinance in connection with tree 203 planting: 204 1. The ordinance shall provide canopy credits of one and one-half the area normally projected for 205 trees planted to absorb or intercept air pollutants, tree species that produce lower levels of reactive 206 volatile organic compounds, or trees that act to reduce air pollution or greenhouse gas emissions by 207 conserving the energy used to cool and heat buildings. 208 2. The ordinance shall provide canopy credits of one and one-quarter the area normally projected for 209 trees planted for water quality-related reforestation or afforestation projects, and for trees planted in 210 low-impact development and bioretention water quality facilities. The low-impact development practices 211 and designs shall conform to local standards in order for these supplemental credits to apply. 212 3. The ordinance shall provide canopy credits of one and one-half the area normally projected for 213 native tree species planted to provide food, nesting, habitat, and migration opportunities for wildlife. 214 These canopy credits may also apply to cultivars of native species if the locality determines that such a 215 cultivar is capable of providing the same type and extent of wildlife benefit as the species it is derived 216 from. 217 4. The ordinance shall provide canopy credits of one and one-half the area normally projected for use 218 of native tree species that are propagated from seed or tissue collected within the mid-Atlantic region. 219 5. The ordinance shall provide canopy credits of one and one-quarter the area normally projected for 220 the use of cultivars or varieties that develop desirable growth and structural patterns, resist decay 221 organisms and the development of cavities, show high levels of resistance to disease or insect 222 infestations, or exhibit high survival rates in harsh urban environments. 223 K. Tree preservation areas and individual trees may not receive more than one application of 224 additional canopy credits provided in subsection I. Individual trees planted to meet these requirements 225 may not receive more than two categories of additional canopy credits provided in subsection J. Canopy 226 credits will only be given to trees with trunks that are fully located on the development site, or in the 227 case of tree banking projects only to trees with trunks located fully within easements or other areas 228 protected by deed restrictions listed in subsection G. 229 L. All trees planted for tree cover credits shall meet the specifications of the American Assesiatien 230 of Nu seiymen AmericanHort and shall be planted in accordance with the publication entitled "Tree and 231 Shrub Planting Guidelines," published by the Virginia Cooperative Extension. 232 M. In order to provide higher levels of biodiversity and to minimize the spread of pests and diseases, 233 or to limit the use of species that cause negative impacts to native plant communities, cause damage to 234 nearby structures, or possess inherent physiological traits that prone trees to structural failure, the 235 ordinance may designate species that cannot be used to meet tree canopy requirements or designate 236 species that will only receive partial 20-year tree canopy credits. 237 N. The locality may allow the use of tree seedlings for meeting tree canopy requirements in large 238 open spaces, low-density residential settings, or in low-impact development reforestation/afforestation 239 projects. In these cases, the ordinance shall allow the ground surface area of seedling planting areas to 240 equate to a 20-year canopy credit area. Tree seedling plantings will be comprised of native species and 241 will be planted in densities that equate to 400 seedlings per acre, or in densities specified by low-impact 242 development designs approved by the locality. The locality may set standards for seedling mortality rates 243 and replacement procedures if unacceptable rates of mortality occur. The locality may elect to allow 5 of 5 244 native woody shrubs or native woody seed mix to substitute for tree species as long as these treatments 245 do not exceed 33 percent of the overall seedling planting area. The number of a single species may not 246 exceed 10 percent of the overall number of trees or shrubs planted to meet the provisions of this 247 subsection. 248 O. The following process shall be used to demonstrate achievement of the required percentage of tree 249 canopy listed in subsection C: 250 1. The site plan shall graphically delineate the edges of predevelopment tree canopy, the proposed 251 limits of disturbance on grading or erosion and sedimentation control plans, and the location of tree N 252 protective fencing or other tree protective devices allowed in the Virginia Erosion and Sediment Control O 253 Handbook. 254 2. Site plans proposing modification to tree canopy requirements or claiming supplemental tree ei 255 canopy credits will require a text narrative. 256 3. The site plan shall include the 20-year tree canopy calculations on a worksheet provided by the 257 locality. 258 4. Site plans requiring tree planting shall provide a planting schedule that provides botanical and 1 1 259 common names of trees, the number of trees being planted, the total of tree canopy area given to each 260 species, variety or cultivars planted, total of tree canopy area that will be provided by all trees, planting 261 sizes, and associated planting specifications. The site plan will also provide a landscape plan that 262 delineates where the trees shall be planted. 263 P. The ordinance shall provide a list of commercially available tree species, varieties, and cultivars 264 that are capable of thriving in the locality's climate and ranges of planting environments. The ordinance 265 will also provide a 20-year tree canopy area credit for each tree. The amount of tree canopy area 266 credited to individual tree species, varieties, and cultivars 20 years after they are planted shall be based 267 on references published or endorsed by Virginia academic institutions such as the Virginia Polytechnic 268 Institute and State University and accepted by urban foresters, arborists, and horticulturalists as being 269 accurate for the growing conditions and climate of the locality. 270 Q. The ordinance shall establish standards of health and structural condition of existing trees and i,, 271 associated plant communities to be preserved. The ordinance may also identify standards for removal of 272 trees or portions of trees that are dead, dying, or hazardous due to construction impacts. Such removal N 273 standards may allow for the retention of trunk snags where the locality determines that these may 274 provide habitat or other wildlife benefits and do not represent a hazardous condition. In the event that 275 existing tree canopy proposed to be preserved for tree canopy credits dies or must be removed because 276 it represents a hazard, the locality may require the developer to remove the tree, or a portion of the tree 277 and to replace the missing canopy area by the planting of nursery stock trees, or if a viable alternative, 278 by tree seedlings. Existing trees that have been granted credits will be replaced with canopy area 279 determined using the same supplemental credit multipliers as originally granted for that canopy area. 280 R. Penalties for violation of ordinances adopted pursuant to this section shall be the same as those 281 applicable to violations of zoning ordinances of the locality. 282 S. In ne event shall any A local tree conservation ordinance adopted pursuant to this section may 283 exceed the requirements set forth herein; however, any (i) in any development project located in a 284 Chesapeake Bay Preservation Area; (ii) in any development project located in an area that prior to the 285 passage of the federal Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq., was redlined or graded "D" 286 by the federal Home Owners' Loan Corporation; and (iii) to ensure conformity with the locality's 287 comprehensive plan duly adopted pursuant to §§ 15.2-2223 through 15.2-2226. Any local ordinance 288 adopted pursuant to the provisions of § 15.2-961 prior to July 1, 1990, may adopt the tree conservation 289 provisions of this section based on 10-year minimum tree canopy requirements. 290 T. Nothing in this section shall invalidate any local ordinance adopted pursuant to § 15.2-961. r 1 11 :LiL H� •f CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Approve a Memorandum of Understanding between the City and the Virginia Port Authority for Placement of Sand MEETING DATE: January 19, 2021 e Background: On September 22, 2020, a staff briefing was made to City Council detailing an opportunity to obtain sand for beach nourishment from the Norfolk Harbor& Channels Deepening project. The Thimble Shoals channel phase of the project planned to start in late 2021 could provide approximately 600,000 cubic yards of sand for the City's bayfront beaches at a substantial cost savings. The City would pay the cost difference between open ocean disposal and the cost to place sand on the beach. e Considerations: The attached resolution provides the City Council's approval of the Memorandum of Understanding (MOU) between the City and the Virginia Port Authority. The City's role will include obtaining beach nourishment permits and the provision of the funding required to place the dredged sediment upon the City's beaches. The City's funding obligations in the MOU would be capped as amounts appropriated by the City Council. The current amount appropriated is $6,356,088, and if the amounts planned for FY2022 are appropriated, that maximum amount would not exceed $8,900,000. e Public Information: Public information will be provided through the normal Council agenda process. e Recommendations: Adopt the attached resolution. e Attachments: Resolution; Memorandum of Understanding Recommended Action: Approval V Submitting Department/Agency: Public Works ti. City Manager: 1,07 ,, 1 A RESOLUTION TO APPROVE A MEMORANDUM 2 OF UNDERSTANDING BETWEEN THE CITY AND 3 THE VIRGINIA PORT AUTHORITY FOR 4 PLACEMENT OF SAND 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 The City Council hereby approves a Memorandum of Understanding (MOU) 10 between the City of Virginia Beach and the Virginia Port Authority provided the MOU is 11 in substantial conformity with the draft MOU attached hereto as Exhibit A, and the MOU 12 is approved as to legal sufficiency by the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 , y _-- Department of Public Works City orney's Office CA15267 R-1 December 21, 2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGINIA PORT AUTHORITY AND THE CITY OF VIRGINIA BEACH This Memorandum of Understanding ("MOU") entered into this th day of , 2021, between the Virginia Port Authority, a body corporate and political subdivision of the Commonwealth of Virginia ("VPA"), and the City of Virginia Beach (the "City") (collectively referred to as the"Parties")provides as follows: WHEREAS, the VPA is a body corporate and political subdivision of the Commonwealth of Virginia vested with certain powers set forth in Title 62.1, Chapter 10 of the Code of Virginia(1950) as amended; WHEREAS, the VPA, through its participation in the Norfolk Harbor Dredging Project in the Thimble Shoals Channel and Atlantic Ocean (the "Work"), will generate a volume of dredge material, and the Parties believe a portion of such dredge material will be useful for beach nourishment (the "Beach Quality Sand"); WHEREAS, the City has certain capital improvement projects requiring Beach Quality Sand, and the timeline for the City's need for Beach Quality Sand lines up with the VPA's anticipated prosecution of the Work; WHEREAS, because of the Parties believe there are benefits to coordination of the Work and the City need for Beach Quality Sand, the Parties desire to move forward with a partnership (the "Partnership"), a timeline to accept the Beach Quality Sand from the Norfolk Harbor Dredging Project,and to apportion the costs related thereto(collectively,the Partnership, the anticipated timeline, and the apportionment of costs shall be referred to as the"Project"); WHEREAS, the Parties wish to establish mutually agreeable parameters for this partnership herein as the MOU or the "Partnership Agreement"; NOW THEREFORE the City and the VPA agree to the mutual understanding set forth below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Joint Responsibilities of the Parties The Parties shall jointly have the following responsibilities: a. Designate primary points of contact for coordination on the proposed operational dialogue; and b. Participate in calls necessary for the coordination of effort, such calls to occur at least monthly and may occur more frequently as needed. 1 2. General Timeline Actual project schedule shall not be available until bidding occurs, but an anticipated timeline is as follows: 1. January 2021 Agreement executed between VPA and the City. 2. March 21, 2021 Permits acquired by the City 3. July 2021 Project advertised by VPA Procurement 4. August 2022 Chesapeake Bay beaches replenished 5. Fiscal 2023 Big Beach replenished (if applicable) 3. Responsibilities of VPA 1. The VPA shall act as the contracting authority (the "Contracting Authority") for the purposes of entering into an agreement with a contractor(the"Contractor") for performance of the Work. a. VPA will seek and obtain input from the City in relation to the Work, inclusive of submittals and payment applications. b. VPA will include a bid alternative for beach placement of Beach Quality Sand. 4. Responsibilities of the City 1. The City shall not enter into any contractual arrangement with the Contractor regarding the Work without specific approval by the VPA. 2. The City shall notify the VPA within 72 hours of bid opening if the bid alternative price is accepted, and the City shall have the discretion to approve or not the bid alternative. 3. The City acknowledges the requested volume and quality of Beach Quality Sand is not guaranteed. 4. The City commits to an amount not exceeding the funds currently appropriated, $6,356,088 (the"City Commitment"), and by signing this MOU, the City staff will pursue appropriation of additional funds in the FY2022 budget process necessary for a maximum City contribution of$8,900,000 for the Project. Upon presentation of invoice or other such request for payment from the VPA, the City shall review the invoice and, if the invoice is in accordance with the Project Agreement,the City shall remit payment to the VPA for its portion of the Work. 5. The City Commitment is based on the following cost items: a. The cost difference established by the bid alternative. The City shall reimburse the VPA for the total cost difference between ocean placement and beach placement. b. City shall reimburse the VPA for the total mobilization and demobilization costs associated with the deployment of land-based equipment and procurement of material for beach placement. The costs of 1)mobilization and demobilization and 2)beach placement material procured shall be covered regardless of actual volume placed. 2 c. In addition to the cost difference as bid, the City will reimburse the VPA $0.10 per cubic yard for VPA expenses incurred during design and construction, and such amount shall not exceed $100,000. This reimbursement is inclusive of the VPA efforts for the Project. 6. Permits and plans and specifications detailing proposed beach nourishment placement and related effort shall be at the City's sole expense and responsibility and shall be obtained by March 21 St, 2021. If the City cannot obtain such permits by March 21 st, 2021, the City shall forthwith communicate such inability to obtain permits and provide a revised schedule for obtaining permits and a reasonable timeline for the acquisition of such permits. 5. Standard Terms and Conditions This MOU is effective upon signature by the parties and shall continue indefinitely unless terminated. Either party may terminate this MOU by providing written notice to the other party 30 days prior to the effective date of such termination. Nothing herein authorizes the expenditure of funds not previously appropriated by an elected body, and the failure to appropriate sufficient funds shall not be a ground upon which one of the Parties may be liable. This MOU may be supplemented or amended only by a writing signed by all of the Parties. This MOU shall constitute the entire MOU between the Parties, and it supersedes any prior understanding, agreement, or representation by or between the Parties. This MOU is for the exclusive benefit of, and may only be enforced by the Parties, and this MOU is not intended to benefit or confer any rights on any other person, organization, or entity. If any part of this MOU shall be found by a court of competent jurisdiction to be unlawful, such part shall be severed from this MOU, and the remainder of this MOU shall remain in full force and effect. The parties represent and warrant that the undersigned are authorized to enter into this MOU and that this agreement is binding and enforceable against the parties. Notwithstanding any other provision of this MOU and whether or not a party has foreseen, been advised of, or is aware of the possibility of any of the losses or damages described in this Section, no party to this MOU shall be liable under any theory of recovery whether based in contract, in tort (including negligence and strict liability), or any other legal or equitable theory, for(i)any consequential, special,punitive, exemplary,moral, indirect or incidental losses or damages whatsoever or for any other loss, damage or cost of a similar kind, or (ii)any of the following,whether characterized as direct or indirect damages or losses: loss of data or information, cost of capital, loss of goodwill, loss of opportunity, loss of interests, loss of revenues or profit or the loss of use thereof; each party hereby releases the other parties from any such liability and acknowledge that no party has the expectation of receipt of any such damage, loss or cost. [SIGNATURE PAGE FOLLOWS] 3 IN WITNESS WHEREOF, the Parties to this Memorandum of Understanding have caused it to be executed pursuant to their express authority this_day of ;2021. Virginia Port Authority By: (SEAL) John F. Reinhart, CEO/Executive Director The City of Virginia Beach By: (SEAL) Name: Title: City approvals: Content: Director of Public Works or designee Funding sufficiency: Director of Finance or designee Legal sufficiency: Senior/Associate City Attorney 4 (Ii � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Unimproved Right-of-Way Adjacent to 770 Woodstock Road MEETING DATE: January 19, 2021 • Background: On January 21, 2020, by Ordinance ORD-3611C, City Council approved the request by Hannah and Hamilton Gubanc (collectively, the "Applicant") to close approximately 2,176 sq. ft. of an unimproved right-of-way (the "Right-of-Way"), adjacent to their property at 770 Woodstock Road. • Considerations: There were five (5) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The Resubdivision Plat must be submitted and approved for recordation prior to final street closure approval. Said Plat must include the dedication to the City of a 30- foot wide public utility easement along the entire northern boundary of the Applicant's property, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall determine if a private water line for the benefit of Lot 10A-2 (as shown on Map Book 234, page 24) is located within the Right- of-Way. Should a private water line exist, the Applicant shall establish a private water line easement of a suitable size for the benefit of Lot 10A-2. 4. The Applicant shall verify that no private utilities exist within the Right-of- Way. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicant has submitted a subdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On January 5, 2021, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3611 C. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department 1Q/7 City Manager: PrO 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED RIGHT-OF-WAY 4 ADJACENT TO 770 WOODSTOCK ROAD 5 6 WHEREAS, on January 21, 2020, the Council of the City of Virginia Beach acted 7 upon the application of Hannah and Hamilton Gubanc (collectively, the "Applicant"), for 8 the closure of approximately 2,176 sq. ft. of an unimproved right-of-way adjacent to their 9 property located at 770 Woodstock Road; 10 11 WHEREAS, City Council adopted an Ordinance (ORD-3611C) to close the 12 aforesaid portion of right-of-way, subject to certain conditions being met on or before 13 January 21, 2021; and 14 15 WHEREAS, on January 5, 2021, the Applicant requested an extension of time to 16 satisfy the conditions to the aforesaid street closure action. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 That the date for meeting conditions of closure as stated in the Ordinance 22 adopted on January 21, 2020 (ORD-3611C), upon application of Hannah and Hamilton 23 Gubanc, is extended to January 20, 2022. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 26 of , 2021. 27 28 No GPIN assigned (Right-of-Way) 29 Adjacent to GPIN: 1456-74-1919 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 76,41 o/),__ • City Attorney Planning"6epartchent CA15204 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d006\p035\00692625.doc R-1 January 7, 2021 NOW OR FORMERLY NOW OR FAMERLY NOW OR FORMERLY CHRSTOPHER&ELIZABE H BRADSHAW KttU&KATY Y.ARNETT RAND M.&Trani a PMa1PS QFSIRQENT 120170929000618110 NS1RtP.NT/20060912001456 M as 344.2 PAGE 1074 WT 24 9000S70OC FOREST LOT 25 RDODS7T C"mar LOT 26 0000570IX FOREST GP*1456-75-3100 GPN 1456-75-3011 CRY 1456-74-3913 MAP BOOK 23Z PAGE 78 1 I MAP BOOK 232 PAGE 18 MAP BOOK 232 PAGE 78 5 0424b0'W 14213' c4' S 042.Y25'W 14251' FEED • REFERENCE MERIDIAN iVAIIIIIWN .4 ^�, D.&2605 , PG. 1138 11 il W W InI ti 87164.4 1 AREA OF UNNAMED SDaFT TO BE VACATED.AREA=2,176 SQUARE FEET 1 . ..9 gg .n `\2.123;•L_v m MAP BOOK 124,P 36 N 1 GI al \ I iC.�V V LA IM114.84'(P i 1I ; N 02417711.1.E NOW C1R Fl1R,IERLY /IAl*W1T•NAIBFA1 O 13692 W I STRUENT/20190614000380240 �' PARCEL D 'Ai 1 aj GPN 1456-74-1910 ^= OM BOOK 2005,PACE 110E >-y w 8 PS 1 bB1 0 �(pU A�14 (PLAT t FEB) ' g++ A� a 3 I : 4D W W �dG g4 3 0474b5'E na35 ':7 Q n o42fb5'E 11a13 a NOw R FTL FRAMIS 1L s aMALFEE�vaY n S MCCRAIN Id RR 3789,PAGE 655 I PARCEL C BMW 1456-64-6997 MAP BOOK 124,PAGE 36 • • 4• , H OF WOODSTOCK ROAD o., 09/06/2019��%f (mamaBD MOTH 23 RIGHT OF24") JOHN F. HILL, JR.'. h \isC. No. 0 ip�s—B� STREET CLOSURE U / r� 44. EXHIBIT OF A PORTION OF STREET MAP BOOK UNNAAS 124, EME SHOWN N N 36: MAP BOOK 234, PAGE 74 l'4D sURv1;i(54 AND DEED BOOK 2605, PAGE 1138 NRGINIA BEACH, VIRGINIA SEPTEMBER 6, 2019 SCALE: 1'=50' 0' S0' 100' 150' Liii . A1L1 p Fl A TE© wir A PROJECT NO.: 21914 E SURVEYORS LTD . \99!" 530 W00DLAKE CIRCLE,SUITE 200, CHESAPEAKE, VA 23320 DRAIMNG NO.: 32014 _'� TEL.: (757)963-5261 FAX: (757)983-5282 Disclosure Statement 113 APPLICANT'S NAME Hannah&Hamilton Gubanc DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include.but are not limited to,the following: Acquisition of Property Olsposkion of City Modification of by City I 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 tI 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 Page t of 7 1 D E APPLICANT NOTIFIED OF HEARING DATE' 1 1S/ NO(:HANGES AS OF O\!OLD Hannah&Hamilton Gubanc Agenda Item 3 Page 7 Disclosure Statement INB v;rgiuia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Hannah 8 Hamilton Guba! .. _ 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 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 Hannah & Hamilton Gubanc Agenda Item 3 Page 8 Disclosure Statement 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 tool 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(U one business entity has a controlling ownership interest in the other business entity.(ii)a controlling owner In one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a dose 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 doolication or any business oneratinci or to operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Hannah& Hamilton Gubanc Agenda Item 3 Page 9 Disclosure Statement APPUCANT Virginia Beach YES NO SERVICE 1 PROVIDER(use addttiond sheets If needed) ❑ ® Accounting and/or preparer of your tax return ❑ �-' Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(If other than the Applicant)-identify purchaser and purchaser's servke providers My other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ / Construction Contractor® ❑ +Engineers/Surveyors/Agents / h A7`//-- �G yO f Financing(include current Mor�ge Electronic Registration ��E mortgage holders and lenders Systems,Inc ❑ r selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject prop ert. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have an Interest In the subject land or any proposed development El El an on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Hannah&Hamilton Gubanc Agenda Item 3 Page 10 Disclosure Statement Virginia Beach CERTIFICATION:of I certify that all 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. Is(• { //'r A 'LICANT'S SIGNATURE PRNR NAME DATE szVv,,vJJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Declaring the Proposed Location of Westview Apartments to be a Revitalization Area in Order to Qualify for Virginia Housing Financing MEETING DATE: January 19, 2021 • Background: Virginia Housing (the state housing finance agency formerly known as VHDA) provides lower-cost financing for housing developments that provide affordable and mixed-income housing that serves varying populations within the same development. The Franklin-Johnston Group has proposed to develop Westview Apartments, made up of 220 units of housing, including 128 affordable units at various rent levels, on property located at 925 S. Military Highway (see attached Exhibit A). In order to qualify for the financing, they are asking the City Council to approve the attached resolution, which is required by State law before such financing can be provided. • Considerations: The Department of Housing and Neighborhood Preservation believes there are benefits to the City from increased private enterprise and investment in the proposed location of the revitalization zone, including the creation of new affordable housing. Accordingly, the staff supports the efforts for this project to obtain this financing. The proposed project was approved for a conditional change of zoning by the City Council at its meeting on January 5th. Additionally, the project has been found to be consistent with the plan for the Suburban Focus Area 8 — Military Highway. If the project goes forward, some of the units would be eligible for federal housing choice vouchers and other funding administered by the Department of Housing and Neighborhood Preservation. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached resolution • Attachments: Resolution; Exhibit A (Site & GPIN listing); Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborhood Preservation �� City Manager: / '✓ I 1 A RESOLUTION DECLARING THE PROPOSED 2 LOCATION OF WESTVIEW APARTMENTS TO 3 BE A REVITALIZATION AREA IN ORDER TO 4 QUALIFY FOR VIRGINIA HOUSING FINANCING 5 6 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 7 Council of the City of Virginia Beach, Virginia. desires to designate an area as shown on 8 Exhibit A attached hereto (the "Area") as a revitalization area; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1 The Council makes the following determinations: 14 15 a. The industrial. commercial or other economic development of the Area will 16 benefit the City but the Area lacks the housing needed to induce 17 manufacturing, industrial, commercial, governmental, educational. 18 entertainment, community development. healthcare or nonprofit 19 enterprises or undertakings to locate or remain in the Area; and 20 21 b. Private enterprises and investment are not reasonably expected, without 22 assistance, to produce the construction or rehabilitation of decent. safe 23 and sanitary housing and supporting facilities that will meet the needs to 24 low and moderate income persons and families in the Area and will induce 25 other persons and families to live within the Area and thereby create a 26 desirable economic mix of residents in the Area 27 28 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby 29 designated as a revitalization area. 30 Adopted by the Council of the City of Virginia Beach. Virginia on the day of . 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 , \ Housing and Neighborhood ' A ney's Office Preservation CA15300 R-1 January 6; 2021 EXHIBIT "A" REVITALIZATION AREA LOCATION - GPIN 1456-04-8084 .7t,ft Alri i r tet ' -----,... i r. i , i _ A. rake ir V ...4...€12 ;, t / i - ,, c.t4o,., t RO • . .4.j I T Lr i Ira D, ` lik.,.. f I lag r c„t►=p, r' _ I Z . 14ES7VIE\Y VILLAGE. Rio i 3 : . INGI'N RIVER ESTATES r O m N Jti,1,11111111‘kH� ��1 8�„1111 r.)y,eivieLiott f N 1 1.1. • .ftC.1:1111111r •,, 1. 1' A.,. 1401.1.11 NlCbnald ,+eWEEN C1TY 11" ' iJ {� • ��a- Manor col / =� �� I oitLST TApartments c' Nrr, A24 / T~�� x a�� BELMONTATPROYMDENCE ifr • Oki Dominion Eth,- 4VE y • Freight Lines +,% C hw<h 2 +.� B COLLEGE PARK 81.41Ni,FTN '', Century Plaza # ' q Apartments Dik - "II - ot Witch • - -- Yirglni f, , - "e fr..... '^ i nor r,...: ,IrP7r r-......":.. inn ;AA n n 1 rr-r•e^ EXHIBIT "A" REVITALIZATION AREA SITE LAYOUT GPIN 1456-04-8084 ,,;. :Ill tl;',( dOilo NOISNHOf NH IINYit� ll! l r VMH3IHAt:MI.111W 'SSZ6 (. / ,f-- - IN3Wd013AV:ATVVdd•'i'1W M3N r •. ,, , : ..........................................................., ,/, , : 44.00,............... `` > [ ` `` �. �iiii +i gas 11 ft r 1, C in r i i ,� r- li i - .....1: *** , hi i /� a1. N y\ .,.2,/ rr ` T w\ ' V s�'. 0011i\: '... I i s. 11* 400\ 0 \ ' , 4. it).#:*:,. . *Irlik • 441 Aitiof , .,,, . 4, iki. 4 ) ii,iii-41.0‹ • ....43',.* Q Oil \ i ,I, lot ty _ . 41 ii`iiii ...... ,..„...2.... _. ,,,,,k, i *,. 4.... ..,---„: .1•14 , \, .....kt. \ „ ,.. 1„,\,...,..k. .,: , , , ,,, , -- I Z ..1 •P Ot' ...t , • - \ I r Ab, we ." - ‘ 1 ' ,^1b._... .. a "‘ Ft s'•,, % IAr % 1 1 ( T. ri ors ih ; 1 1 ' I 1 r 1 � %illy ityil, jp Liii s Disclosure Statement Disclosure Statement qf nmng&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Aoilicant Disclosure Appikant Name Franklin Johnston Group Management&Development.LLC Does the applicant have a representative? ®Yes ❑No • if yes,list the name of the representative. Robert P.Seaman Ill,Esq.-Troutman Pepper Hamilton Sanders LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • tf yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please see attached. • If yes,list the businesses that have a parent subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Please see attached. "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 4 2.2-3101. +"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when Ill 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 1I , Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 13 Disclosure Statement Disclosure Statement 7 Planning&Community Development e Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ®No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraAzatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the real estate broker/realtor Thaihimer 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,Identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,Identify the firm or individual providing the service. Cox,Kliewer&Company,P.C. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • tf yes,identify the purchaser and purchaser's service providers. 2II'? . Franklin Johnston Group Management& Development, LLC Agenda Item 1 Page 14 Disclosure Statement ,.fir-c5 e Disclosure Statement Planning&Community p I}evelo men t 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?i Yes ❑No • If yes,identify the engineer/surveyor/agent. Timmons Group S. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 NO • if yes,Identify the name of the attorney or firm providing legal services. Troutman Pepper Hamilton Sanders UP Applicant Signature I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. )t,t)04(ie/—"-' Applicant Signature re\ Sz ry�afl Print Name end Title III 12./got Date Is the applicant also the owner of the subject property? ❑Yes ®No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY()SF ONLY/All disdcsures must de updated two(2)weeks prior to any P!alum?,,Commission and City Council meeting that pertarrs to the applrcaticrs m u•ck"ges:at 12/17/2020 seem"' •�.- AS PER THE APPLICANT,THERE ARE Marchelle L.Coleman NO ANTICIPATED CHANGES BEFORE THE JAN STH CC PUBLIC HEARING Date:12/17/2020 MLC 31Par. c Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 15 Disclosure Statement Disclosure Statement (YqW ltrpiw awaR Planning&Community. Development Owner Disclosure Owner Name Wildwood Park,LLC. Applicant Name Franklin Johnston Group Management&Development,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?II Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sole Member-The Branch Group,Inc. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) The Branch Group,Inc. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?0 Yes In No • If yes,what Is the name of the official or employee and what is the nature of the interest? `Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,VA.Code§22-3101. ' Affiliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity Is also a controlling owner in the other entity,or(ai)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 entitles;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 dose working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5) Page Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 16 Disclosure Statement Disclosure Statement crryti7v+es. zw &Co Planning tit� ya elopment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coilateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial Institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the real estate broker/realtor. Thalhimer 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business Operating or to be operated on the property?❑Yes ■No • If yes,Identify the firm or Individual providing the service. 4. Does the Owner have services from an architact/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E No • If yes,identify the firm or Individual providing the service. S. Is there any other pending or proposed purchaser of the subject property'❑Yes •NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • if yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 111 No • If yes,identify the engineer/surveyor/agent. 6IPare Franklin Johnston Group Management & Development, LLC Agenda Item 1 Page 17 Disclosure Statement Disclosure Statement TVB �.. • 'tanning 84 Community « Development 8. is the Owner receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the name of the attorney or firm providing legal services, Owner Signature I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CPA,Wetlands Board or any public body or committee inconnection with this application. /� 4:4,(2(1j(A — — - — Owner Sli aatwe l Ronald Oakley,CEO Print Name and Title November 13,2020 D - — Date 7lPage Franklin Johnston Group Management&Development, LLC Agenda Item 1 Page 18 ,µ"sa yyg7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $8,420,000 from the Fund Balance of the General Fund and to Authorize a Grant to the United Way of South Hampton Roads for Emergency Assistance MEETING DATE: January 19, 2021 ■ Background: On September 22, 2020, the City Council expressed a desire to partner with non-profit organizations that provide emergency assistance and relief to City residents and businesses. Specifically, the Council identified small business assistance, workforce development, individual financial assistance, and food support as areas of specific interest. Since then, the City has partnered with the United Way of South Hampton Roads, and on October 20th, the City Council appropriated $8 million to provide a grant to the United Way to fund these efforts. The United Way, in partnership with the Local Initiatives Support Corporation (LISC) Hampton Roads, the Hampton Roads Workforce Council, and the Foodbank of Southeastern Virginia and the Eastern Shore have launched a successful relief effort. To date they have received over 2,800 individual requests for assistance. They have referred 1,085 individuals to the Foodbank and 680 individuals to the Workforce Council. In addition, LISC has received 416 eligible applications for small business grants. To date, demand has exceeded initial estimates for individuals in need of financial assistance and businesses in need of assistance. The $2 million allocated to each of these areas of need are fully obligated based on applications to date. The United Way is requesting an additional grant in the amount of$8,420,000 to continue relief efforts. Of this amount, $2,420,000 would be directed towards LISC to provide an additional 242 small business grants. The $6,000,000 would be used for direct financial assistance and food support for families. The United Way of South Hampton Roads provided an update to the City Council on January 12, 2020 with additional information about this request. • Considerations: The United Way has used previously provided funds from the City to provide financial assistance to families and businesses. This request continues that partnership with the local nonprofit community to provide assistance using funds reserved by the City Council for pandemic relief. • Public Information: Normal City Council agenda process. This request was briefed to the City Council at its Workshop on January 12, 2020, which is streamed by www.vbqov.com and FacebookLive, and rebroadcast on VBTV. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: te 1 AN ORDINANCE TO APPROPRIATE $8,420,000 FROM 2 THE FUND BALANCE OF THE GENERAL FUND AND TO 3 AUTHORIZE A GRANT TO THE UNITED WAY OF SOUTH 4 HAMPTON ROADS FOR EMERGENCY ASSISTANCE 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH. 8 THAT: 9 10 $8,420,000 is hereby appropriated, with miscellaneous revenue increased 11 accordingly, from the fund balance of the General Fund from such amounts reserved for 12 Pandemic Relief to Non-Departmental Regional Grants to provide a grant to the United 13 Way of South Hampton Roads. These funds are intended to be used to provide 14 emergency assistance to the residents of the City. The United Way is hereby requested 15 to use such funds for the following purposes: 16 a_ $6 million for financial assistance to individuals and families in need; and 17 b. $2.42 million for small business assistance, with a focus on Small, Woman-owned. 18 and Minority-owned (SWaM) businesses. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • 471.0d_ Budget & Management Services r 's Office CA.15301 R January 7 2021 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Wa� __SKI f SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE rioVIDER (use additional sheets if — — — _-- needed) Accounting and/or preparer of Wall Einhorn & Chernitzer your tax return (WEC) Financial Services (include See attached ' 0 lending/banking institutions and current mortgage holders as applicable) Not at this time, but if UWSHR engages or becomes aware of Xr Legal Services any legal services, it will inform the city of VB We are not aware of any Broker/Contractor/Engineer/Other current providers that have Service Providers special interests with the city of VB that would require disclosure CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. JOSEPH COLLINS 1 .8.2021 APPLICANT'S SIGNATURE PRINT NAME DATE T T T aJ N O CO co @_ 'o N N E E N Q N d E v o o -E .E o .- 2 0 as E a D_ D_ -o -o D_ •v . D_ R Z Z Z c ? o o @ O O 7 _ y d d'O d 'O 'a, '� d C CL 7 E a C_ 3 v C d c N as ccaa .� a' Y E E E O o Z 0 Y )Z 2 co 2 — m o = a Q O C L L C C - L •C U U L Q y L (6 O= O v O O N p O ,CD CI) OO (9 c U Cn U) CJ) U U a) U) U — - Cn CI3 CD RI C N N N O O @ Z U = 0 L L p to Cl N a) T T d d-0 -O O T a 0 0 T a) C N - — c6 N d .� C C 0.) U@ 'y -0 -a N c o O o — U C..) y y Y Y Q Q n@ 0 N Y .a a U U CL C..) CL J U C..) C.) D C.,) Cn Iwi Iwi U O CO M I- Cr) U U CL U) 'O co O 04 C C C O 0 O ♦+ . •— o_ w Q 3 n. r co c �W E 2 a a C 2 w, C O 3 O C L M N y (D O O _ 7 To m v> C C7 C7 (a C cy V Y ` O U N C _ C C C "� U co N C U U U U U U 2 N O O C O E Y Y N E 0! N LL N N N N a) N „�„ °C� L (Ca N > N N LL co �' c E E E E E E .a o c co m — > > c c rn 0 c <a ch Q Q Q Q Q Q o a J c c n in in C c m m (° ai co o °i 0 0 0 0 0 o U N _ a5 m Y w cc; O d Y Y Y Y Y Y I— F— F— H F— 0 C C C C N N m c c c c c c od od 013 o o c c c o> 3 3 3 3 C C co N -CCOCDW O Ca 0 it < Q CD CO CD CD CD CD CD CD CO U) U) C/) CO C/) I— F— I— I— I— > J F— 0A.14M, v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1 ,500,000 from the Fund Balance of the General Fund for a Virginia Beach Vaccination Initiative MEETING DATE: January 19, 2021 • Background: The City is partnering with the Virginia Department of Health (VDH) to support vaccinations in our community. As proposed, the VDH will provide the vaccines and staff support, and the City will provide facilities, staff, and other resources. The prioritization of recipients for the vaccines is provided by the VDH. The first priority includes health care workers. The timeline for distribution of the vaccine is based upon availability. An incident management team has been assembled to coordinate the effort, which is estimated to be ongoing through November 2021 . The VDH needs assistance from the City to help with the coordination and distribution of vaccines. Although a need is known, an exact amount and for what specific purpose is not fully known at this point in time. For this reason, $1.5 million is requested to be appropriated and placed into a City Manager dedicated reserve for the Virginia Beach vaccination initiative. Appropriation of these funds into a dedicated reserve will allow the City Manager or his designee flexibility to address emergency needs identified during the vaccination process. Any use of this reserve will be reported to City Council for the purpose in which it was used. • Considerations: The source of funding for this request is the fund balance of the General Fund, specifically the amounts set aside for pandemic relief. The City staff will review and pursue opportunities for repayment of eligible expenses through state and federal programs. If this request is approved, the funds will be placed in a dedicated reserve for vaccinations. This funding request is needed for activities through June 30, 2021. If there is a need to continue the Vaccinate Virginia Beach Initiative into Fiscal Year 2021-22, a new appropriation will be required. • Public Information: Normal City Council agenda process. This initiative was the subject of an Informal Session brief provided to the City Council on January 5, 2021 . • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: j'AV 1 AN ORDINANCE TO APPROPRIATE $1,500,000 FROM 2 THE FUND BALANCE OF THE GENERAL FUND FOR A 3 VIRGINIA BEACH VACCINATION INITIATIVE 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $1,500,000 is hereby appropriated, with miscellaneous revenue increased 9 accordingly, from the fund balance of the General Fund from such amounts reserved for 10 Pandemic Relief to a dedicated reserve for vaccinations to be used for the Vaccinate 11 Virginia Beach Initiative. The City Manager or his designee is hereby authorized to 12 transfer funding as necessary from the dedicated reserve without such transfers being 13 subject to the$100,000 transfer limitation set forth in the Annual Appropriation Ordinance. 14 The City Manager shall provide monthly reports to the City Council as of the use of this 15 dedicated reserve for vaccinations. Adopted by the Council of the City of Virginia Beach, Virginia, on the _day of , 2021 . Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: — ( f_ Budget& Management Services ey's Office CA15302 R-2 January 13, 2021 G. PLANNING 1. COLLIER& ASSOCIATES, LP for a Condition Change of Zoning from A-18, A-24 Apartment Districts & R-7.5 and R-10 Residential Districts to Conditional PD-H2 Planned Unit Development, R-7.5 Residential, A-24 & A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352, 2348 &4701 Windway Lane; 4753 Birdsong Lane; 2324 & 2336 Pleasure House Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. PERFORMANCE COLLISION CENTERS,LLC, & THE CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from R-5D Residential District& A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit re automotive repair garage at 212 Fair Lady Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KIM DEROCHEBLAVE BARKER for a Conditional Use Permit re short term rental at 3625 East Stratford Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. RED LION PROPERTIES, LLC, for a Conditional Use Permit re short term rental at 401 21' Street, Unit 5 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. SCOTT & JEANNIE WILLIAMS for a Conditional Use Permit re short term rental at 223 64th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. 4500 OCEANFRONT, LLC, for a Conditional Use Permit re short term rental at 4500 Ocean Front Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. WALTER LEE BURNETTE for a Conditional Use Permit re short term rental at 926 Maryland Avenue DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION - DENIAL 8. JAMES & KELLY TREBOUR for a Conditional Use Permit re short term rental at 939 Maryland Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. WRIGHT TURN, LLC,for a Conditional Use Permit re short term rental at 938 Delaware Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL NIA 4ie 4 • S 8tr"•" j if 0.a. p NOTICE OF PUBUC HEARING In accordance with Virginia Code§2.2-3708.2,Virginia Code§15.2- 1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of the 2020 Acts of Assembly as amended,a Virtual Public Hearing of the Virg nia Beach City Council will be held on Tuesday,January 19,2021 at 6:00 p.m. This public hearing will be held by electronic communication means. Due to the ongoing Covid-19 Pandemic,please check our website at www.vbgov.com/pc for the most updated meeting information. The following requests are scheduled to be heard: Performance Collision Centers,LLC(Applicant)City of Virginia Beach (Property Owner)Conditional Rezoning(A-12 Apartment District&R- 5D Residential District to Conditional I-1 Light Industrial District) Conditional Use Permit(Automotive Repair Garage)Address:212 Fair Lady Road GPIN(s):1497935053 Council District Beach Collier&Associates,L.P.(Applicant&Property Owner)Conditional Rezoning(A-i8&A-24 Apartment,R-7.5&R-10 Residential Districts to Conditional PD-H2 Planned Unit Development(R-7.5 Residential, A-24&A-36 Apartment Districts))(Proposed 139 additional units to the existing 272 units,for a resulting density of 28.02 units/acre) Addresses: 2352, 2348, &4701 Windway Lane; 4753 Birdsong Lane;2336&2324 Pleasure House Road GPIN(s):1479498223, 1479592736, 1479590821, 1479499651. 1479592334, 1479582958,1479498479 Council District Bayside Red Lion Properties,LLC(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:401 21st Street Unit 5 GPIN(s):24270854826410 Council District:Beach Scott&Jeannie Williams(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:223 64th Street GPIN(s): 2419638013 Council District Beach 4500 Oceanfront,LLC(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 4500 Oceanfront Avenue GPIN(s):2418975240 Council District Beach Walter Lee Burnette(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:926 Maryland Avenue GPIN(s): 2417836285 Council District Beach James&Kelly Trebour(Applicants&Property Owners)Conditional Use Permit (Short Term Rental) Address: 939 Maryland Avenue GPIN(s):2417835415 Council District Beach Kim deRocheblave Barker(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address: 3625 E.Stratford Road GPIN(s):14895834936550 Council District Bayside Wright Turn,LLC(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 938 Delaware Avenue GPIN(s): 2417834005 Council District Beach If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at pttpc'//vhgov wvhax corn/vhgov/nnstaPF/g nhp7MTlD=eh24f 20P 7f 4ri 7 efRfff 47 R 7 58ce5d5247 2. Register with the City Clerk's Office by calling 757-3854303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on January 19,2021. Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc.For information call 757-385- 4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JANUARY 3&10,2021-1 TIME EACH ce° ---- -11 5 " '41F VA II t4 /So rm, fr"x . i, CD LL CD o o i 0 n?.________ c i- ,101-,0•pl(.0. - . °, d�1 -- V- Si, oo ��(' I •0--,,,.), 7.,� o 2 Q _� i 10 ( } e 0 O 0 U) o a� �' o ..fir . '� c c) I cl- t /11i for _i co a 1 -- -- �p� gar t, 6‘_.( r !a llo,% song �' r y 3 aq,Ar \\5\ A lift, T,: LE ,czi 3 eS1 \\\\\‘\\\0:1 ' , , - \\ ,. ... T.,_-:: /1/4 , . . 0 %- co . ‘7 ? itS i_7 , , . - - < k - Ce- 0 0 III WI gzt el E 1-1 , \ - 94\\ . . pub . _ • k F-. - gill? ' I IF3D / * U ... _.i n �' +� 0 Poliiitt 1 14 ft<*II IV'-'44;'z CNI / fitsp 5. r.-, --- %Hill livii E q' 7 iin , 0„th 1 1... ...Lp.i. , iii,Asti C4 I VIIS ,0TS:c5 co:ii - : 4 -LC,C) WO CP ' ,,,,,i r am__* / 15 oi • --:,.L./3 r l'• a) qp, C3 r‘f -- Illr a I 1• '1 CI) r- ° o ..„„ /M . p 47: 1,.._„..3 011:74 CD *Ili /�. / i ......,\...,:______AX (17 liir , -- -.wit i gm, 41 ' CO kite" %oil// CC- 0 I � in 0_ N O_ CO ,---- •441 i ire, 11/rVi gt7 4 - ! - 4, 4 0 0 Or cJ D �( n -\ © , , _. 7 1 -/ C,. ' CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: COLLIER & ASSOCIATES, LP [Applicant & Property Owner] Conditional Change of Zoning (A-18, A-24 Apartment Districts & R-7.5, R-10 Residential Districts to Conditional PD-H2 Planned Unit Development(R-7.5 Residential, A-24 & A-36 Apartment Districts) for the properties located at 2352, 2348 & 4701 Windway Lane; 4753 Birdsong Lane; 2324 & 2336 Pleasure House Road (GPINs 1479498223, 1479592736, 1479590821, 1479499651, 1479592334, 1479582958, 1479498478). COUNCIL DISTRICT — BAYSIDE MEETING DATE: January 19, 2021 • Background: The applicant seeks a Conditional Rezoning for the redevelopment of an existing apartment complex from A-18 and A-24 Apartment Districts and R-7.5 and R-10 Residential Districts to Conditional PD-H2 Planned Unit Development (R-7.5 Residential, A-24 & A-36 Apartment Districts). The 14.67-acre site, comprised of the existing Windsong Apartments and one single-family dwelling, contains seven parcels and has frontage along Pleasure House Road, Northampton Boulevard, Powells Point Road, and Greenwell Road. There are currently 272 multi-family dwelling units in the Windsong Apartment complex that were developed in the late 1970s. The overall proposal includes the renovation of 13 existing, two-story apartment buildings (216 units); the demolition of three multi-family buildings (56 units); and the new construction of a three-story and two, four-story apartment buildings totaling 195 units. In total, the redevelopment will contain 411 dwelling units, a net increase of 139 units, and result an overall density of 28.02 units/acre. The proposed density for the A-24 zoning district is 23.90 units per acre and the proposed density for the A-36 zoning district is 35.94 units per acre. The existing single-family dwelling will remain, as depicted on the proffered plan. The minimum setback along both the Pleasure House Road and Northampton Boulevard rights-of-way is 30 feet. The proffered exhibit depicts a setback of five feet along Pleasure House Road at the closest point, and a 10 foot setback along Northampton Boulevard. The Land Use Plan provided with the PD-H2 zoning permits these modifications to the minimum setback. The proffered elevations of the new structures depict coastal-inspired architecture, which will feature a neutral and earth-tone color palette with fiberglass shingles, cement lap siding, shingle siding and trim, brick veneer, and vinyl windows. The existing two-story apartment buildings to remain will be renovated and exteriors Collier & Associates, LP Page 2 of 4 upgraded to complement the architecture of the new buildings. The exterior upgrades include the installation of fiberglass shingles, fiber cement siding, and vinyl windows. The brick exteriors will be painted to reflect the color pallet and architectural style of the new buildings. The applicant is also proffering onsite stormwater detention 10,000 cubic feet above and beyond what would normally be required through the site plan review process. • Considerations: The proposed buildings will be compatible in use and context with the character of the surrounding community and will enhance the visual aesthetic of the site. The coastal-inspired architecture of the new buildings will have facades articulated to provide visual interest and aid in reducing the scale of the building with the taller buildings adjacent to Northampton Boulevard. Parking lots are split between the sides and rear of the buildings, whenever possible, to break up the expanse of paved areas. As the original development of the apartment complex predated the adoption and implementation of stormwater management requirements, there is no existing stormwater detention or treatment on-site. To meet the current stormwater quality and quantity requirements, underground stormwater storage and manufactured treatment devices are proposed in order to capture, treat and detain stormwater runoff before it leaves the site. This reduction in the flow of stormwater leaving this site will therefore provide a benefit to the downstream lakes. Based on citizen input, and as proffered, the applicant will be providing an additional 10,000 cubic feet of stormwater detainment above code requirements. While a Traffic Impact Study was not warranted as the threshold for such a study requires an excess of 150 vehicular trips in the peak hour, the applicant provided a Traffic Analysis. The Traffic Analysis indicates that the vehicular access point on Pleasure House Road will function adequately as a stop-controlled intersection and will not negatively affect traffic flow on Pleasure House Road. The Traffic Analysis also concluded that the addition of 139 apartments will not have a significant effect on the operations of the traffic signal at the Pleasure House Road and Shore Drive intersection. While the intersection operates over capacity at a Level of Service "E" in the evening peak hour, the additional apartment units will not result in a significant increase in vehicle delay or queueing. Based on the 411 units proposed, 732 parking spaces are required as per the Zoning Ordinance. The submitted concept plan depicts 695 parking spaces (including 30 carport spaces), and as such, is 37 parking spaces shy of meeting the minimum requirement. Based on the Parking Study provided by the applicant, after the renovation, 565 of the 695 parking spaces will be unoccupied after 10:00 pm. Additionally, similar apartment complexes developed and operated by the applicant throughout the Hampton Roads area are operating very satisfactorily with Collier & Associates, LP Page 3of4 a parking ratio between 1.03 to 1.22 spaces per unit. The Land Use Plan provided with a PD-H2 zoning allows an adjusted parking requirement, and in this case, it is proposed at 1 .69 spaces per unit, which is far greater than the ratio of number of units to parking spaces in any of the five complexes included in the analysis. It is the applicant's intent to preserve as many of the mature trees on site as possible. Extensive plantings are proposed at the buildings' foundations, particularly along the street frontages. These plantings will be supplemented by the required parking lot interior plantings. A total of 15.1% of the site will be retained in open space, thereby meeting the Zoning Ordinance requirement of 15% for a PD-H2 development. The amenities within the open space areas include an outdoor swimming pool, courtyard, a children's playground, and a dog park. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. The applicant met with and discussed the details of the request with the Bayfront Advisory Commission on February 21 , 2019 and September 19, 2019. According to the applicant, a number of meetings with the community were held beginning in January 2019. These meetings included the following: the Chesapeake Beach Civic League on March 18, 2019; the Shore Drive Community Coalition on April 29, 2019; residents of the Thoroughgood Colony on August 18, 2020; and an open meeting with the community at Morning Star Baptist Church on December 2, 2019. Also, the applicant indicated that they conducted outreach to individuals and business owners who own property in the vicinity of the site which included periodic email updates. Staff did receive 14 letters of support and 11 letters of opposition that were all provided to the Planning Commission. There were six speakers in support and 11 speakers in opposition at the Planning Commission public hearing. Opposition correspondence and comments at the public hearing noted concerns related to traffic, stormwater, schools, property values, displacement of residents, continued expansion of number of units, legality of proposed zoning, and density. • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend approval with a recorded vote of 7-1 . • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Windsong Apartment Parking Analysis Letters of Support (14) Letters of Opposition (11) Collier & Associates, LP Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department e7 City Manager: Applicant & Property Owner Collier & Associates, LP Agenda Item Planning Commission Public Hearing December 9, 2020 City Council Election District Bayside 7 girl/,1 Virginia Beach Request Conditional Rezoning (A-18&A-24 . - , Apartment Districts, R-7.5& R-10 Residential a''"''°roP f m•`,ta g'••s kiefr Districts to Conditional PD-H2 Planned Unit c n, oc,,,, ko•• ` *No Development(R-7.5 Residential,A-24&A-36 , 9 Y /co 4 s4 Apartment Districts)) I ake o ergv,,o�, -T e a W g • Staff Recommendation m 1 '., Approval a ,, Staff Planner s �� S�h's,,°'90 lip Hoa N. Dao 'tiga Location . I 2352, 2348&4701 Windway Lane;4753 g t sae a.a• 411,-.- Birdsong Lane; 2324&2336 Pleasure House ►• �+v Road A117 s'• D 01,1e GPINs Ga' • o. .0..a00w 1479498223, 1479592736, 1479590821, / ` 1479499651, 1479592334, 1479582958, /1-41 1479498478 Site Size 14.67 acres AICUZ , `� »'a �od = t nA •'4 i Less than 65 dB DNL « ' ` rm - f $mow Watershed -- F.; `64' '` 6 Chesapeake Bay t • _ . ") ,, "`, r 4p.- '' -, ,' Existing Land Use and Zoning District w r_ , '-f — $ G, Q.,/is P: Multi-family/A-18 Apartment . . ' r-_• . . Surrounding Land Uses and Zoning Districts , p t- `s` �.4,, �, 4 . .. North f ,•r r.�� 9 L„„. % ,,-jc c . , _ ; a•. Powells Point Road ( ;; . ' `vJ/ I.— •!" Multi-familydwellings A-12 Apartment (~' ^ South r"_ f Greenwell Road ? I g; F•r' g-g -t '"."1••_ •' . .,r •' Single-family dwelling, duplex/R-5R Residentialk, ,,F °,,. L -- ,-, rrf` ., r /f 'r��"°:f East p ' • - ' r v� ♦ *4'. t.r ,�• cr fits Y.r. - .: := . e i Northampton Boulevard #'� ,- •, _- C? t.w}:, a •-- 44 Single-family dwelling,duplex/R-10 Residential �`'' ' zr`� f` .� �` "' ` West Pleasure House Road Multi-family dwellings/A-18 Apartment Collier&Associates, LP Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Rezoning of the subject properties from A-18 and A-24 Apartment Districts and R-7.5 and R-10 Residential Districts to Conditional PD-H2 Planned Unit Development(R-7.5 Residential,A-24 &A-36 Apartment Districts). The 14.67-acre site,comprised of the existing Windsong Apartments and one single-family dwelling,contains seven parcels and has frontage along Pleasure House Road, Northampton Boulevard, Powells Point Road,and Greenwell Road. • There are currently 272 multi-family dwelling units in the Windsong Apartment complex that were developed in the late 1970s.The overall proposal includes the renovation of 13 existing,two-story apartment buildings(216 units);the demolition of three multi-family buildings (56 units); and the new construction of a three-story and two,four-story apartment buildings totaling 195 units. In total,the redevelopment will contain 411 dwelling units,a net increase of 139 units, and result an overall density of 28.02 units/acre.The proposed density for the A-24 zoning district is 23.90 units per acre and the proposed density for the A-36 zoning district is 35.94 units per acre.The existing single-family dwelling will remain,as depicted on the proffered plan. • As depicted on the proffered plan,vehicular access is limited to two points along Pleasure House Road. No vehicular access is proposed or will be permitted along Northampton Boulevard, Powells Point Road,or Greenwell Road. • The proffered elevations of the new structures depict coastal-inspired architecture,which will feature a neutral and earth-tone color palette with fiberglass shingles,cement lap siding,shingle siding and trim, brick veneer, and vinyl windows. • The proposed three-story apartment building will be located at the main entrance into the complex along Pleasure House Road. The design includes projections and recesses along the facades to reduce the scale of the buildings and a tower element is also proposed for visual interest. • The proposed four-story apartment buildings will be located along Northampton Boulevard, placing the taller buildings away from Pleasure House Road.Similar to the three-story buildings,the four-story buildings'facades include articulations of recesses and projections to reduce scale and provide visual interest. • Existing two-story apartment buildings to remain will be renovated and exteriors upgraded to complement the architecture of the new buildings.The exterior upgrades include the installation of fiberglass shingles,fiber cement siding,and vinyl windows.The brick exteriors will be painted to reflect the color pallet and architectural style of the new buildings. • The proffered concept plan depicts 695 parking spaces. Parking lots are split between the sides and rear of the buildings,whenever possible,to break up the expanse of paved areas. Pedestrian pathways will be provided to ensure improved connectivity throughout the development. • Where possible,existing mature trees will be preserved, particularly along the eastern edge of the property adjacent to Northampton Boulevard,the adjacent single-family neighborhoods to the north and south,and along Pleasure House Road to the west. Additional plantings adjacent to the residentially-zoned properties are depicted on the proffered plan along with the required foundation plantings, parking lot interior plantings, and enhanced street frontage plantings.The proposed landscaping depicted on the proffered Concept Site Plan appears to meet the landscaping requirements; however,a more detailed review of all screening and planting requirements will occur during final site plan review. Collier&Associates, LP Agenda Item 7 Page 2 • As the original development of the apartment complex predated the adoption and implementation of stormwater management requirements,there is no existing stormwater detention or treatment on-site. All requirements for stormwater quality and quantity as mandated in the City of Virginia Beach Public Works Design Manual are planned to be met by the installation of underground stormwater storage and manufactured treatment devices. •Ill 4 q V 4 ,, V ve b '� d 0� p V� Zoning History 7 41a ,;!� �70 /�i /�� o # Request f e `,�Ai 3 '+k 1 REZ(A-18 A and B-2 to PD-H2(A-12))Approved p °s�i� so 4-40 a --mg:,1. �� 11/26/2002 ,�g '. m" �� �, 2 SVR(Subdivision Variance)Approved 03/11/1992 *nu te'u" �i�r� �i••• g c$. .• 3 SVR(Subdivision Variance)Approved 11/08/1994 irki, t fl �firVj��!%�!Ir���'•�••♦ a Q1 4 REZ(A-12&A-18 Apartment Districts to PD-H2(A-18)) AirC�: ,[ • iri zii fD Approved 08/26/2002 + son Court %t//V���Vi q �Q 'ail°.17Z1 i '.• X r iiiilli90 'fif,' i • `O. a ift {{�} s Ll Ler Q.O s14 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 & Recommendation The proposed Conditional Rezoning request is consistent with the Comprehensive Plan's goals for the Suburban Area Bayfront Community that include the preservation and protection of the character, economic value, and aesthetic quality of established neighborhoods. The high-quality architectural design and building materials proposed are consistent with these goals.The proposed buildings will be compatible in use and context with the character of the surrounding community and will enhance the visual aesthetic of the site. The coastal-inspired architecture of the new buildings will have facades articulated to provide visual interest and aid in reducing the scale of the building. Overall,the project's design is in conformance with the Shore Drive Corridor Plan recommendations for preserving and protecting the character of the established neighborhoods, redevelopment of the corridor with an attractive residential community and enhancing the economic vitality. The proffered concept plan depicts a 10-foot building setback along Northampton Boulevard and a five-foot building setback after the right-of-way dedication along Pleasure House Road. Both reduced setbacks are noted in the Land Use Plan identified in proffer 6 below. The reduced setback along Northampton Boulevard Staff believes to be warranted as there will be no vehicular access from Northampton Boulevard and there is an existing landscape buffer to aid in screening the new buildings. While less than ideal, Staff does support the 25-foot reduction of the required 30-foot building setback along Pleasure House Road. While the proposed building will be approximately 28 feet setback from the edge of pavement of Pleasure House Road,an imminent Capital Improvement Program (CIP) project along this portion of the right-of-way results in the applicant dedicating property to accommodate the planned improvements that will benefit surrounding property owners. These improvements include the installation of new curb and gutter, drainage improvements, bikeway accommodations, and a new five-foot wide sidewalk. This CIP is fully funded and scheduled to start construction in 2024. With the improvements proposed in this CIP,the building will be five feet from right-of-way Collier&Associates, LP Agenda Item 7 Page 3 at its closest point. Based in this,Staff recommended to the applicant that the building be relocated to allow for additional separation of at least 20 feet from the public sidewalk and/or bike lane; however,the applicant was unwilling to modify this portion of the plan. According to the applicant,the building is located within five feet of the ultimate right-of-way in order to provide ample parking and drive aisles as well as sufficient open space areas. The primary vehicular entrance is relocated north along Pleasure House Road with a secondary entrance provided for emergency access only.As mentioned above,the development does not have direct vehicular access to Northampton Boulevard, Powells Point Road,or Greenwell Road.To address concerns raised regarding the potential for negative traffic impacts as a result of the proposal,the applicant submitted a Traffic Analysis. While a Traffic Impact Study was not warranted as the threshold for such a study requires an excess of 150 vehicular trips in the peak hour,the applicant provided a Traffic Analysis. The Traffic Analysis indicates that the vehicular access point on Pleasure House Road will function adequately as a stop-controlled intersection and will not negatively affect traffic flow on Pleasure House Road. The Traffic Analysis also concluded that the addition of 139 apartments will not have a significant effect on the operations of the traffic signal at the Pleasure House Road and Shore Drive intersection. While the intersection operates over capacity at a Level of Service"E" in the evening peak hour,the additional apartment units will not result in a significant increase in vehicle delay or queueing. Traffic Engineering Staff reviewed the analysis and concur with the findings. It is the applicant's intent to preserve as many of the mature trees on site as possible.The trees along the eastern edge of the property will help screen the busy Northampton Boulevard from the new units. The trees adjacent to the single and multi-family dwellings to the north and south and also along Pleasure House Road will continue to provide aesthetic relief to the built environment as well as immeasurable value to both the future residents of the apartment complex and the surrounding properties. Extensive plantings are proposed at the buildings'foundations, particularly along the street frontages.These plantings will be supplemented by the required parking lot interior plantings.As is typical in this phase of plan review,specific plant species have not yet been selected.A total of 15.1%of the site will be retained in open space,thereby meeting the Zoning Ordinance requirement of 15%for a PD-H2 development.The amenities for the proposed development include an outdoor swimming pool,courtyard,a children's playground, and a dog park. Based on the 411 units proposed,732 parking spaces are required as per the Zoning Ordinance.The submitted concept plan depicts 695 parking spaces (including 30 carport spaces),and as such, is 37 parking spaces shy of meeting the minimum requirement. Based on the Parking Study provided by the applicant,only 318 of the 506 existing parking spaces are anticipated to be occupied and after the redevelopment,approximately 130 parking spaces are anticipated to be unoccupied after 10:00 p.m. Additionally,similar apartment complexes developed and operated by the applicant throughout the Hampton Roads area are operating very satisfactorily with a parking ratio between 1.03 to 1.22 space per unit.The number of parking spaces is proffered at a parking ratio of 1.69 spaces per unit,which is far greater than the ratio of number of units to parking spaces in any of the five complexes included in the analysis. The proposal to set the PD-H2 parking requirement to a ratio of 1.69 spaces per unit is deemed acceptable. As the property was originally developed prior to the adoption of stormwater management regulations,there is no existing provision for stormwater detention or treatment.Approximately half of the site's stormwater runoff drains to the municipal storm sewer in Pleasure House Road and the remaining portion drains to a culvert under Northampton Boulevard,all of which does so untreated.To meet the current stormwater quality and quantity requirements, underground stormwater storage and manufactured treatment devices are proposed in order to capture,treat and detain stormwater runoff before it leaves the site. This reduction in the flow of stormwater leaving this site will therefore provide a benefit to the downstream lakes. Based on citizen input,and as proffered,the applicant will be providing an additional 10,000 cubic feet of storage above code requirements.Additional details regarding stormwater management for the project can be found beginning on page 8 of this report. With respect to school impacts,Virginia Beach City of Public Schools Staff finds that the number of students generated by the development can be accommodated within the school buildings for their respective grade and attendance zone. The schools are all currently within an acceptable utilization range of+/-10%of optimum capacity. Collier&Associates, LP Agenda Item 7 Page 4 In summary, Staff finds the request consistent with the Comprehensive Plan's vision for the Suburban Area Bayfront Community as outlined above. The proposed redevelopment features coastal-inspired architecture,the preservation of existing mature vegetation, and landscape enhancements to ensure a reasonable relationship to the surrounding residential neighborhood.Traffic is not expected to adversely impact adjacent roadways and intersections,stormwater management will be significantly enhanced, and the public schools are capable of accommodating future students from the apartments. While the reduced setback along Pleasure House Road is of concern, it is a result of the dedication of the applicant's property in order to accommodate the imminent right-of-way improvements planned with Capital Improvement Program that is scheduled to begin in 2024. The articulations on the building's west façade along with the planned streetscape plantings will aid in ameliorating the distance between the dwelling units and the public realm. The significant additional stormwater storage capacity above the minimum makes the existing site more resilient to future storms. Based on the considerations above, Staff recommends approval of this Conditional Rezoning request subject to the submitted proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers 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: The Property,when redeveloped, shall be constructed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Windsong Apartments, Concept Site Plan" and dated October 2, 2020 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 2: The number of multifamily residential units located on the Property, when redeveloped, shall not exceed a total of four hundred eleven (411). Proffer 3: The architectural design and quality of materials of the multifamily residential buildings constructed on the Property, when redeveloped,shall be in substantial conformity with the four-page exhibit prepared by J Price Architecture, entitled "Windsong Apartments, Conceptual Elevations" and dated August 29, 2019 and September 17, 2018 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 4: The architectural design and quality of materials of the exterior recreational and clubhouse amenities, when redeveloped, shall be in substantial conformity with the exhibits entitled "Windsong Apartments, Pool Concept Sketch Plan" and dated October 3, 2019 (the "Windsong Amenities"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 5: The landscaping to be installed on the Property when redeveloped shall be substantially as shown on the "Concept Plan" referred to in Proffer No. 1. Collier&Associates, LP Agenda Item 7 Page 5 Proffer 6: The regulations for the R-7.5,A-24 and A-36 zoning districts shall apply except for the following changes: A-24 Minimum side yard setback—10 feet,except adjacent to Pleasure House Road where setback is 5 feet Maximum height for structures—52 feet Minimum parking spaces required—2.15 per unit Parking spaces shall be shared with A-36 zoned property Maximum lot coverage of 70% A-36 Minimum side and rear yard setback—10 feet Minimum lot width—125' Minimum parking spaces required—1.19 per unit—Parking spaces shall be shared with A-24 zoned property Proffer 7: In addition to meeting the required stormwater requirements for the Property when it is redeveloped, Grantor shall provide an additional 10,000 cubic feet of storage capacity beyond the City's minimum requirements. Proffer 8: A lighting plan for the exterior portions of the Property when redeveloped shall be provided as part of the final site plan submittal. All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. Proffer 9: Any trash compactors located on the Property when redeveloped shall be screened in accordance with the Virginia Beach Landscaping Guide. Proffer 10: 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 finds the proffers acceptable as they provide a high level of predictability related to the ultimate site layout, vehicular ingress/egress, landscaping, building architecture and exterior building materials.The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as part of the Suburban Area Bayfront Community, adjacent to the Shore Drive Corridor Suburban Focus Area(SFA). This area is characterized by many well-established neighborhoods, newer high-density residential development, neighborhood and resort commercial uses, significant parks and open spaces,and proximity to the Chesapeake Bay and Lynnhaven River. The Shore Drive Corridor is an integral part of the Bayfront Community,extending from North Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors.The area is considered a resort neighborhood and not a resort destination. While it is the most densely populated area of the City, it is primarily a neighborhood residential area.The general planning goals and policies in the Comprehensive Plan include preserving and protecting the character,economic value, and aesthetic quality of the established neighborhoods,while also achieving the lowest reasonable density for future residential uses. Collier&Associates, LP Agenda Item 7 Page 6 The Shore Drive Corridor Plan,which is adopted by reference as an amendment to the Comprehensive Plan, is more specific about goals. It calls for protecting, restoring and enhancing the Shore Drive corridor;encouraging development and redevelopment of the corridor as an attractive residential community;and making improvements to current conditions in the corridor by strategically targeting limited financial resources. Natural & Cultural Resources Impacts The site is located within 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 Existing Land Use 2—2,011 ADT Pleasure House Road 7,840 ADT 1 12,500 ADT 1(LOS°"D") Proposed Land Use 3—3,009 ADT 'Average Daily Trips gas defined by 272 multi- 3 as defined by 411 multi-family 4 LOS=Level of Service family housing units and 2 housing units single-family units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Pleasure House Rd in the vicinity of this application is considered a two-lane undivided collector street. The Pleasure House Road Street Improvements Phase II project is currently in the CIP with a scheduled construction start date of July 2024 and completion date of May 2026. This project will provide street and safety improvements along Pleasure House Road from Shore Drive to Lookout Road. Improvements will include new curb and gutter,drainage improvements, bike accommodations and a new five-foot wide sidewalk along Pleasure House Road. Public Utility Impacts Water The site currently connects to City water. There are several water meters on this property that may be used or upgraded to accommodate the proposed development. There is an existing 10-inch City water main along Pleasure House Road. There is an existing six-inch City water main along N. Greenwell Road. There is an existing four-inch City water main along Powells Point Road. There is an existing eight-inch water main reducing to a six-inch City water main encroaching through the property along Birdsong Lane and Windway Lane. Sewer The site currently connects to City sanitary sewer.There is an existing 12-inch City sanitary sewer gravity main along Pleasure House Road. There is an existing eight-inch City sanitary sewer gravity main along Greenwell Road. There is an existing eight-inch City sanitary sewer gravity main along Powells Point Road. Collier&Associates, LP Agenda Item 7 Page 7 Stormwater Impacts Project Stormwater Design Summary The subject property currently does not have any stormwater detention or treatment in place. Approximately half of the site runoff drains to the municipal storm sewer in Pleasure House Road and the remaining portion drains to a culvert under Northampton Boulevard. The applicant obtained the Virginia Beach Stormwater Model for both Lake Bradford and Lake Joyce and evaluated it to verify the downstream conditions for a proposed Stormwater solution. Geotechnical investigations were conducted to identify groundwater considerations. The project intends to meet all requirements for stormwater quality and quantity as mandated in the Code of Virginia 9VAC25-840-40 and the City of Virginia Beach Public Works Design Manual.To meet those requirements, underground stormwater storage and manufactured treatment devices will be provided to both treat and restrict stormwater runoff before it leaves the site. Based on citizen input, and as proffered,the applicant will be providing an additional 10,000 cubic feet of storage above code requirements. The applicant anticipates that improvements from this project will reduce the flow of stormwater leaving this site and will therefore provide a benefit to the downstream lakes. School Impacts School Current Enrollment Capacity Generation Change 2 Hermitage Elementary 619 662 41 14 Great Neck Middle 1,106 1,330 17 6 Cox High 1,746 1,986 18 6 1"Generation"represents the number of students that the development will add to the school. 2"Change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant met with and discussed the details of the request with the Bayfront Advisory Commission on February 21, 2019 and September 19,2019. • According to the applicant,a number of meetings with the community were held beginning in January 2019. These meetings included the following:the Chesapeake Beach Civic League on March 18, 2019;the Shore Drive Community Coalition on April 29, 2019; residents of the Thoroughgood Colony on August 18,2020;and an open meeting with the community at Morning Star Baptist Church on December 2, 2019. Also,the applicant conducted outreach to individuals and business owners who own property in the vicinity of the site which included periodic email updates. • To date,Staff has received 14 letter of support and 11 letters of opposition to the application. Concerns raised include adequacy of traffic,stormwater,schools, property values, and density. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020 and November 29, 2020. Collier&Associates, LP Agenda Item 7 Page 8 • 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 23, 2020. • 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 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3, 2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15, 2021. Collier&Associates, LP Agenda Item 7 Page 9 Proffered Concept Site Plan -..:. r,.. - I u� .. ,,,;..,-*: si...,,, s.1. ;_ii , .j.L : : :"-----7 .. f d;?�r, 6 i c a O.' .A I• ( o o,, 7'):?T -.�!�i�'� ��n may, I ' r �� 4i Y. r ,..f„ i.---,3-i_i.,:,,---7-,-...., - - . ‘1.),.. :, it: -: ..,-...,._, ''''' .....1 ---_ • lig /- It ! iv.- i � 'It, / i t 11 ; i 1,77_, ,...4_ e). i.j. / ,- • JU i 4 f ' _ --‘,1 icl °. t.t •''' .• S 0 J� iii•,. i t d k o f / 1111 �_IiP `' h � aI:ri ll 13 • 5 i i r 1 a .._ P�io,or, „ - i1 ii�1--4i�1 Fj I2t N MU/ _ , � tli ilrf illi!l i 00000i100c Collier&Associates, LP Agenda Item 7 Page 10 Proposed Zoning Exhibit 1 I \ \ ,, , \ , ‘ , , , \ \\ , ...I ...Ili 00 , xo --- ,/ I ,7 \ \,. t , \ e \\ 0 ---------- 4_1 \ -- \ ,\11110°11. ' 6 r - r______ _.! \ \ 100_ --,,,F,-, --vrr-rmi,-;=:, '. "---c- ...., .,: ,......,,,,.„,,D ® d , ..,„, -_ , - — _. Ili -:-,i,- - II_ ,1•'2..,.---' st :. ?.. V i 13-1 ) :4, i,f 1 :, • I - 4 , ki•,, : 2 c) I BE 1^,nii , 1 11 i 2,. :......,• _ _, ...--.. ...„-:._ i # imr c 0 0 (1 : / N ,E ik 2 IN 4 (P 1 a c ••• uN N (-%;) 0 \it\:\, •.,_ 1 ' II II HI 1 \'2 -- 4011m 0 I I I I's) 17,11 I ,20 .1. == I \ , ] = - _j ta '2,2 _ _ I ir; ftV,N i " 1?-tr \ .--,''. 1 ,--- I 1 44 .,, • IFO 3. I . .i JO Or 1"3 kit 'm y.n R B ...-Al , ,.. 1,V7i1 .11 :-' Collier&Associates, LP Agenda Item 7 Page 11 Proposed Amenity Courtyard 9[^11Ri � . F-7' 41 .,u,111141r..,..-41-t- , 4-Mt. .,".P *4" . ,,,...-4---= , -1,4, r-7 * ..41%. _f- :,...! .r t F e+. t� e�,: "' / , Qua - 1 t. , , Mg ) ...,4p.i... i 1 ,, , i • Jr !..‘11 ig ....) 4 ,, (r...,„-. ,,,,, / _ . itt . i ,.. c, . .., . , ., . ..4•- - y(V . .... • •4 .4, .„,., • f ° .q ° '. I � III ' ., t ot ,.... /4' *1.4 ...,. .4,3.*:' - - .-- ---‘, -4 ii0,,,..4,,. ...., * • ' ' *a'z ,� r� � w iii , , _ Keynote Legend - o,.a..,,.... II © ,,.. ®..... ©w.. Ci sev.. e (D sem.e..... ©eoo:..eM.- e ..umro, ©q•f..bn ps.a....w ©SOON C.O•^ p..b 111-1.1-L=7 tlll•Y M NOn`.. -a Beach. . . ._ept Sketch Plan cc.,,-. .,, 'T i - . Collier&Associates, LP Agenda Item 7 Page 12 Proffered Elevations - < 4 Ll as A 6 Ile A.F.F. , y Bcari¢g �..r IL l- T1 111I 1 � 1 nk I 32 5 Ile A.F.F. •:: .-Fourth Floor - -... } a-�'j 1 'f Third Floor - — - I 10'93l4'AEF. � 1- 1SecondIToor —` -_ 0'-0 A.FF -- - -..- --- .------ 4-STORY APARTMENT BUILDING ma,.a'"1.Architectural Fiberglass Shingles 3.Cementitiauu Trim 2.Cemenlilious lap Siding 6.Modular Brick Veneer f A RT I A 1 ELEVATION 3.Cememebu Paud Siding 7.Aa i6nctnral Vinyl Window Systems 4.Cementnbus Shingle Siding 9.Standeg Seam Roo( WINDSONG APARTMENTS Virginia Beach,Virginia-Conceptual Elevations ay-n n zc? - --- d411: 3 8 . 5 2 4 6 2 5 -. _. 4 _ 30'-8I/2.A.F.F. ! a ''i I - - ,., ---- in truss Baring 'IF ! 1^ S i 21'•7II F.F AL t----- Third Flom I t 9 3.14`LEE #rt "` - •.goad Fleas 3 , ® 0..0"A.F.F. Slat•tub 3-STORY APARTMENT BUILDING I.Architectural Fiberglas Shingles 5(:emeninare lnm ?.Cementituno I ap`mhng 6.Modular Bnck Veneer PARTIAL E L E VAT I O N 3 C mentititm.Panel Sling 7.Ar hnectural Vinyl Window�3 stern. 4.Censrmin�Kts shingle titling &Standing Seam Root WINDSONG APARTMENTS Virginia Beach.Virginia-Conceptual Elevations Collier&Associates, LP Agenda Item 7 Page 13 Proffered Elevations 5 4 3 1 6 2 3 5 6 2 3 1 4 Ti -I-� �= ItiINIIIIN'' T- ii -1 ' 1 I 1 E1 Existing Garden Apartments - Conceptual Elevation Not to Scale Materials: 1.Architectural Fiberglass Shingles 2.Cementitious Shake Siding 3.Cementitious Trim 4.Existing Brick Veneer-Painted 5.Architectural Vinyl Window Systems 6 Pre-Finished Juliet Balcony WINDSONG APARTMENTS Virginia Beach,Virginia-Conceptual Elevations September 17,2018 t Pp Ae rope 5 4 3 1 6 2 3 5 6 2 3 1 4 011 F , dIi,INllllll! 71 is 171 iv 71 Ii Existing Garden Apartments - Conceptual Elevation Not to Scale Materials: 1 Architectural Fiberglass Shingles 2.Cementitious Shake Siding 3.Cementitious Trim 4.Existing Brick Veneer-Painted 5.Architectural Vinyl Window Systems 6.Pre-Finished Juliet Balcony WINDSONG APARTMENTS Virginia Beach,Virginia-Conceptual Elevations September 17 2018 PRICE A' ""' JII 1 Collier&Associates, LP Agenda Item 7 Page 14 Conceptual Renderings 1. ,s8 -� ,•• `' a ■.a . '"w;;-- _T '1 4141' s _ `�-.. „ - _ '0-,ift A Y � , ` y ;'ate w �1 ` __.- .a..,-„ , - . -- - , .., , . . , PI' y •`,• ,, • dry` ", q ,. . .. „:„,,. .,..: ‘. 4"si•— . ., , . _ :,:., 4 ` ? I. 9 V i" i ' 1. '� -1 G \ ba �yv(y� : ,,,,- ,.,,,_ gJ • - :--- - y *la♦ s- - a r . c ci-1-'7'41,,,;"•;,.„,,,_::,._,„4:,_\:t -1.:___ _,, ..4..i.,:::61.r... 9 „ .L.L. .. ..„ r III "a i i 1 le la iiir: '''''-tl,-,, .,, . -- A ;. _ f :,. , -- -- ., -4010- y'E....at _ .�all ` - Ow -, -.NY r Collier&Associates, LP Agenda Item 7 Page 15 Conceptual Renderings is ♦ I - rr .. . '. j 7'?!I ' '- '; :'i ate- _44 C <J` < - - ' ;, ', i [Y w , '� - � � ce w* ii _ ,, _ . -- ;,,,,,,.;., 11 •,. 41164.74 --, A ..,.. , .. . . , . _ _ . .. ... „ . . . --___ : i--� As..., Y snit. y- - . • may. _ S�7M� ' sF z J a J - — ,r� ' ,ter Collier&Associates, LP Agenda Item 7 Page 16 Site Photos .1 ` �+�y- k1.Q s ems. ti 1 at} ,r'tia r ik 1➢.. s Siru s•% v A..'' _ . , •• 2,* 1,,, .... . A. ... .. - '....: . . _ , , _ ,..,.. , . . . _,... L11111 .,.„,.. ...._...,, MIL-4i, Collier&Associates, LP Agenda Item 7 Page 17 Disclosure Statement • Virginia Beach APPLICANT'S NAME Collier&Associates, L.P. 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 1 Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY A':.visa osures must ne u[soatec twn Page 1 of 7 Cnmmisson and CB.-Cnunctl meetma that;:ertal • APPLICANT NOTIFIED OF HEARING I DATE • NO CHANGES AS OF DATE 01.06.2021 �. '..• � REVISIONS SUBMITTED DATE Collier&Associates, LP Agenda Item 7 Page 18 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 17 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Collier&Associates, L.P. If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant (Attach list if necessary) See next page for information pertaining to footnotes) and 2 ♦ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only_if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Inl 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:Collier&Associates, L.P. If an LLC, list the member's names: Page 2 of 7 Collier&Associates, LP Agenda Item 7 Page 19 Disclosure Statement Ni13 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "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 subsidiary p" parent 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_Qperating 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 Collier&Associates, LP Agenda Item 7 Page 20 Disclosure Statement �V 3 APPLICANT Virginia Beach r1;Ei1 NO SERVICE 1 PROVIDER(use additional sheets if J needed) CAccounting and/or preparer of L- your tax return X n Architect/Landscape Architect/ Lorax Design Group I I Land Planner J Price Architecture 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) CConstruction Contractors X Engineers/Surveyors/Agents Timmons Group Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Troutman Pepper LLP Real Estate Brokers/ Agents/Realtors for current and u 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 N7 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 Collier&Associates, LP Agenda Item 7 Page 21 Disclosure Statement NAB Virginia Beach •CERTIFtcATlON: 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 4Appli ation. _ � "--"` Collier&Associates,LP. APR! NATURE !PRINT NAME - _ .DATE Page 5 of 7 Collier&Associates, LP Agenda Item 7 Page 22 Disclosure Statement List the names of all officers,directors,members,trustees,etc.below: General Partners: BWF Windsong,LLC Dwight D.Dunton,III,Manager Limited Partners: Windsong GP,LLC G.Gregory Leitz,Manager Eunice N.Collier,Trustee of the Eunice N.Collier Revocable Living Trust G.Gregory Leitz Bonaventure Wealth Fund,LLC Dwight D.Dunton,III,Manager Collier&Associates, LP Agenda Item 7 Page 23 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. Collier&Associates, LP Agenda Item 7 Page 24 Item # 7 Collier & Associates, L.P. [Applicant and Property Owner] Conditional Rezoning (A-18 & A-24 Apartment, R-7.5 & R-10 Residential Districts to Conditional PD-H2 Planned Unit Development (R-7.5, A-24 & A-36 Apartment Districts)) 2352, 2348 & 4701 Windway Lane; 4753 Birdsong Lane; 2336 & 2324 Pleasure House Road December 9, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: Item number seven is a Conditional Rezoning located at addresses 2352, 2348, and 4701 Windway lane, 4753 Birdsong Lane, 2336 and 2324 Pleasure House Road. Is the applicant present? Mr. Nutter: Yes, thank you. For the record. Yes, thank you very much. My name is R.J. Nutter . I am an attorney and I represent Collier and Associates for the Windsong Apartment expansion. It is a pleasure to be here and I thank you very much. Just I want to echo everything Mr. Bourdon said about your service Dee, and certainly Mr. Weiner as Vice Chair and certainly about your comments regarding Bob Miller. So, I look forward to next year, all of you will be here, and but we truly miss our good friend Bob. There is no question. So, anyway, let me begin by telling you about this application it is for Windsong Apartments. There are 272 units there today. It was built in the mid-70s, mid-late 70s, it is been pretty well maintained to be honest with you and they had a good record, their occupancy rate, it is about 95% in most cases. They do, however, suffer from a very, very high turnover rate between 60 and 70% per year, which means there are constantly people coming in and out of that apartment complex for any number of reasons, some cases they are military, they are reassigned. In other cases, they just want to move to a better place than this because the units are older, they do not have central air, they have very few amenities and have one swimming pool. And, they are very small, they do not have unit, washer dryers in their units. So, those kind of things would become norm in the industry, and they do not exist at that location. So, my client, Bonaventure also came into picture and said, we think we could find a way to redo those apartments, bring them into the next century, make them economically viable, and have them viable for the next 30 years. So, do that they are 1 zoning the property in part to A-36 and in part to A-24, it is about 15-acre parcel, little over five acres is being zoned to A-36 in the rear, and the balance of the property is being zoned about 9 acres is being zoned to be A-24, which is the majority of the site. I want to thank Mr. Tajan for allowing us to do that he was not keen on that idea. But, we want to show the neighborhood that the A-36 would be restricted to the rear of the property. But the balance of the property in the largest part would be A-24, not A-36. So, a couple things I want to point out to you that are not really in Staffs write up, although I will commend you Staff's write up is outstanding. They looked at every single issue in this case, it is a lengthy review and it is a very thorough review. And, we are happy to have their recommendation. But, a couple things they did not report only because we made changes since we filed this application almost two years ago. And, I want to point those out for you. The first thing we were asked to do is reduce the density on this application than we had originally filed at 435 units and we have reduced it to 411 about a 13% reduction in the density. We were asked to look at reducing the number of three bedroom units in the complex and we reduced those by 25%. We were asked to again to split the zoning, which we have done, as I indicated. We also you do not see it from this picture, but the L-shaped building at the beginning used to go the length of it on Pleasure House use to run all the way down to where that single family home is. And, the Civic League said that is too long a structure on Pleasure House, we would like you to reduce the size of that. So, my client agreed and took off about 140 feet of that facility. Only enough to the cover where the internal amenities are for the pool and the outdoor activities they have inside a complex. And, that in turn let them allow for greater open space on Pleasure House and it allowed to keep the single family property that you see the single family home there, that they had attended to purchase to make a part of the complex. Now that will be developed just as it is a single family home, it is zoned R-7.5 and it will stay R-7.5 with a PD-H2 overlay. So, in addition to that we restricted access on the adjacent streets Powells Point to the left, Greenwell to the right and of course, there is no access on north end of Boulevard. We were asked to look at that by Civic League members of that access way to Northampton Boulevard. And, we were told very flatly no by both Chesapeake Bay Tunnel Authority as well as the City of Virginia Beach. So, I just wanted to know those things because we have had a lot of movement on my client's behalf to try to address those issues. So, for that we sent it out this just to have three new buildings. The one up on Pleasure Houses is three stories, although the entranceway is a one- and-a-half story feature, we tried to step up the building. We thought the 2 mass was perfect by reducing the size as they requested. We have gone with a coastal inspired architecture, just like the Shore Drive Advisory Design Guidelines require. In fact,we gave Staff a 12-page line-by-line item of why we comply with every single component of the Shore Drive Design Guidelines as part of this. But, the nice part for the public is that these units of all top rate materials, have all the greatest amenities and like you expect, you are going to have a gym, you are going to have an infinity pool, you are going to have lounge areas both inside and out of the facility,fire pits, bocce ball courts, all of the type things that people insist upon in the complexes that are being built today. As for the existing units, the significant changes are being made to those as well. Those units are being completely re-faced, brand new roofs, new central air, all new kitchens. But, in addition to that those units, they have no balconies and no patios. So, there is no outside capability, if you look at the building the bottom, right now they are having is Juliet balconies on the front and patios in the rear. We are also recessing the access ways because when you come into the building, today, you are in the rain there is no cover for you whatsoever, for recessing those access ways since you have covered entrance into the buildings. The total capital investment here is just over$40 million. That is frankly in excess of what a typically cost to build a brand new apartment complex. But, it will give you the level of quality and investment that is being invested here. So, I look at a couple things, I would like to talk about one of the benefits that we see in any redevelopment today and we are seeing this all over the City. And, that is one of the benefits is stormwater. The currently this site has no stormwater criteria whatsoever, nothing. If sheet flow off the property into the lakes. So, our engineers found old model that the City gave us at the time that, that looks at the lake have the impact on the lakes and off site. And, we are not only going to be completing the storm water system that makes us required by law, reduced by about 20% from what existing conditions are. Our client agreed to go over and above that and they asked the engineers to come up with an approximation of how can they increase that by about 50%. That works out to them holding additional water on site above city requirements about another 10,000 cubic feet of water. So, in addition to your new requirements, we are going well above that by this additional area, it is a significant impact. From a traffic perspective, we performed a traffic study even though one was not required and I will read from the report very briefly, just says that project will not negatively affect traffic flow on Pleasure House and will have no significant impact on the intersection. And, that is after a considerable amount of study by both us and your City Planning Department and Traffic Engineering Department. 3 One other thing we have heard in one of our meetings with residents and citizens was that there was concern that we might be raising the rents too high and that would chase out some of the residents who live there today. So, this is something unheard of and I have been doing this for a long time, but Bonaventure agreed to set up a fund of $200,000 to assist residents in relocation or in as the rents go up to help them pay for the rent. They did not stop there, they went to Catholic Charities, who you are going to hear from in just a minute. Catholic Charities stepped in and agreed to match that amount of money with in-kind services to the residents and those services have already begun today to those residents. In fact, we hold weekly job meetings, job fairs, we hold weekly resume sessions. We also hold meetings we are taking the residents by bus to other Bonaventure facility so they can see what they are like and we have had Civic League Members attend those as well. And, we have had a large amount of outreach I am happy to tell you. And, while we have had Civic League Meetings and so forth and I know there is an opposition from the Civic League. We have, however, been very cautious about reaching out to people who are really the most affected by this. If you see, it is top of that where Bay Wind Court is, just the top of right in there. The development just above that you see a sort of L-shaped piece right there. There is like 16 single family detached units called Tranquillity by the Bay. We have met with them twice now, they are immediately affected by this. The entire Civic League is in favor of this, not one person in opposition. And, unfortunately, Jordan Heppenstreet, who is the President, who many of you may have seen in the video could not be here, he is out of town, but his entire Civic League is in support of this. We also went down the other end of Greenwell Road and we have met with a large number of the residents on Greenwell Road, actually I met 11 or 12 of them. And those 11 and 12 have been thankful. We need some improvement over there. We are thankful we were not cutting through the Greenwell to be honest with you. They were also thankful that we were making the improvements that we were the property. And, finally we met with most recently Dadson Court at their Dadson Arms Apartments. They are located just to the north of Greenwell Road, I do not know if you can see that, I met with him and I am happy to have their support as well. I know a lot of information to pass along to you in a short period of time, but I am happy to answer any questions. Ms. Oliver: Do we have any questions for Mr. Nutter? Yes, Ms. Klein. Ms. Klein: Will any residents be displaced during the renovation. 4 Mr. Nutter: There will be, what we will be doing during renovation is, first of all give everybody notice and letting them know which buildings are coming first, we will be taking out one building, right the beginning by having all the short- term, we will take the building where people have moved out and move the people from that building into that building while it is being renewed. We do follow that pattern, if you will, and in some cases they chose to move and some cases buy a home. And, so, those funds are available to help them do that if they wish. Ms. Klein: But, the residents who will be displaced they will receive that assistance relocating to a different building. Mr. Nutter: Yes. Even if they want to relocate to another apartment complex, we will help you pay their moving fees. Catholic Charities will tell you more about it. They've been wonderful. But yes, Madam, it is very important to us. Ms. Oliver: Anybody have any more questions for Mr. Nutter. No. Alright. Thank you. Mr. Nutter: Thank you, Madam Chair. I will standby. Ms. Oliver: Please do. Ms. Dozier: We have another speaker. Ms. Oliver: Will you call for the first speakers. Ms. Dozier: Okay. Thank you. Andrew Bon. Ms. Oliver: Welcome, please state your name for the record. Mr. Bon: Andy Bon. Madam Chairman and Members of the Commission, thank you for allowing us to speak. I live at 2711 Poinciana Drive in Virginia Beach. I am a member of the Cape Story Civic Association and I am active with the Shore Drive Community Coalition. I was also the Chairman of the Planning Commission in the town that I used to live in. So, I have been seated where you are and was confronted by issues that are similar to the ones that you confront. And, one of the factors that I thought it was important is in environmental factors. And, right now on the property, there is no stormwater provision at all and so the new plan will retain more water,which 5 will prevent and minimize pollution runoff and flow into Lake James and Lake Bradford. So, I am in favor for that reason. The project is just down the street for me. So, we are neighbors, and so I am grateful for your taking the time. Thank you very much. Ms. Oliver: Thank you, Mr. Bon. Do we have any questions? All right, thank you very much. Ms. Dozier: Harry Sellers. Ms. Dozier: Madam Chair as this person approaches I thought I would go ahead and give you a heads up that we have 18 additional speakers. Ms. Oliver: Thank you. Mr. Sellers: Good afternoon. Ms. Oliver: If you will state your name for the record, please, Mr. Sellers. Mr. Sellers: Harry Sellers. So, I am here today just, I am for this and see the changes that they are doing. I live in the Ocean Lakes,which is couple neighborhood away from here, saw all the improvements that they are doing on this property, was excited about it because I actually want to move into this property when it is finished. It needs many improvements, what I believe and I think it is a good thing for the area, it is going to raise the area, keep Chicks Beach, I guess area being very successful and upper class. So, I just want to come in and say that I am definitely for this. Thank you very much for your time. Ms. Oliver: Thank you for yours. Ms. Dozier: Connie Meyer. Ms. Oliver: Welcome. Ms. Meyer: Thank you, Madam Chair and Members of the committee for allowing me to speak today. My name is Connie Meyer, and my husband and I own two businesses. One is Meyer Group Insurance, we do employee benefits for businesses. And, the other is Hampton Roads Weekly, which is a new community paper. And, one thing that we are constantly asked for by the 6 owners and the employees of the businesses we represent is more and lovely housing. And, I have been to Bonaventure Properties in Chesapeake and in Norfolk. And, they do not just build a building they build a sense of community. And, I think our homes and communities are even more important at this time,with COVID. And, unfortunately this existing property, much like I feel when I wake up in the morning sometimes is perhaps a little bit old and a little bit long in the tooth. So, the idea that these new innovative buildings will have resort amenities, they will have special facilities that would enable somebody in a wheelchair to be able to live there, that does not exist now. That AC and the HVAC again, the newness of it and the ventilation is more important to us in these COVID times. So,we are excited that this will be our neighbor. We live three streets off of Shore Drive towards the eastern end of it, but we love and enjoy everything that we do off Shore Drive in the corridor and Chicks Beach. So, thank you. Ms. Oliver: Thank you Ms. Meyers. Ms. Dozier: Rob Edwards. Ms. Oliver: Welcome, if you will state your name for the record, please. Mr. Edwards: Thank you very much. Just as a point of clarification, there are a number of folks from the Civic League who have planned parts of the speech and I was part of that. Is there a way to reroute the calling of folks or if not, I can go ahead. Okay. Good afternoon. My name is Rob Edwards, I am the pastor of the Bayside Christian United Church of Christ on Greenwell Road in Chicks Beach. And, I am here to join my voice with many others from the Civic League and asking you to vote no on this proposal. There is no disagreement that something needs to be done to improve the conditions at Windsong Apartments. But this proposal is not the way to go. It is not in the best interest of the community. I do not think it is in the best interest of the City. I want to take a moment and highlight one facet that you will hear many others from other speakers from the Civic League in a few moments. Many of the current residents of Windsong work in our restaurants and hotels, they serve in our military, but they are among the lowest wage earners in our community. And, during this time of pandemic and especially now that the numbers are increasing they are probably at our greatest risk and our most economically fragile residents in our city. According to the current rental rates provided on the Windsong Apartments website, units are barely affordable as they currently are for folks who are in low wage 7 jobs, who are on disability, or who are in some way otherwise economically disadvantaged. Despite what Mr. Nutter said earlier, and this is the first time that we in the Civic League and I as the pastor of the only church in the community in Chicks Beach have heard anything about the outreach in terms of job postings or job fairs or anything of that nature, their work with Catholic Charities or anything else. Even though, I was promised I would be involved in that conversation with them. This is the first we have heard of it. And, while the developers have not yet committed to what their rent structure will be for the improved existing apartments. They did say at a community meeting at Morningstar Baptist back in the end of 2019, the rent would probably increase 15 to 20%. Approval of this project will have a devastating impact on the current residents because the smallest apartment at 650 square feet, currently rents for about$950 a month according to their website. And, if you increase that by 15 to 20%, that puts the residents of Windsong taxpayers in Virginia Beach at risk for becoming homeless. And, so, I hope that you will seriously consider that before you cast your vote today. The critical lack of available affordable rental housing in Virginia Beach means that they will have to move to other cities to find a safe, decent, and affordable place to live. This project is being funded by private monies and although they have indicated they have set money aside to assist folks in moving. We will wait to see how that happens. Ms. Oliver: Thank you very much. Mr. Edwards: There is also an economic impact and I encourage you to vote no and thank you for your time much. Ms. Oliver: I am sorry, sir your 3 minutes are up. Thank you very much. Ms. Dozier: Next speaker is Quinn Zimmerman. Ms. Oliver: Mr. Zimmerman, are you. Mr. Morgan: I am sorry, I am the president of the Civic League and I was told that I was, I submitted a list earlier this week that the series of how we would speak, and since I got the first speaking opportunity I was allowed to go 10 minutes, is that correct. Ms. Oliver: Mr. Tajan do you want to address the out of order. 8 Mr. Tajan: It appears there was a miscommunication on Staff side, so if he is representing the Civic League, he does have 10 minutes. We will get it squared away moving forward. Ms. Oliver: Okay, great. Thank you. Go right ahead sir, if you will state your name for the record. Mr. Morgan: Dr. T.J. Morgan. Just a point to note, we did not receive the Staff report until December 3, and it contains vital information that we have not had time to view adequately. It is customary to have that 30 days in advance, that is what my understanding is, is that correct. Ms. Oliver: Sir, Mr. Hughes has just stated that typically the agenda is released on the Thursday before the Wednesday at the Planning Commission. Thank you. Mr. Morgan: Okay, all right. I am new to this, so I am learning as I go. Ms. Oliver: That is all right. Mr. Morgan: Ladies and gentlemen, good afternoon. My name is Dr. T.J. Morgan and I am the current president of Chesapeake Beach Civic League, I served in the Chesapeake Beach Civic League as an officer for over 10 years. As a Civic League we lose our integrity and credibility, if we oppose every change that happens in our neighborhood. We are selective about which issues are most important and need to take a high-level priority to oppose. For that reason, we would not be standing here if we did not feel that the current plan to redevelop the Windsong Apartments is bad for our community for a number of reasons which I will lay out. You will also be hearing additional qualified speakers from our organization who are opposed to the plan as set forth. Many of the speakers are specialists in the field to the portion of the plan that we oppose. Chesapeake Beach, which is also known as Chicks Beach is a very unique community, much like Old Virginia Beach at the Oceanfront. And, that many of the small beach cottages like mine were built in 1950 or earlier. As a matter of fact, Chesapeake Beach just celebrated its 100th year anniversary in 2019. Most of the infrastructure was created at a time when the number of people living and working in Chicks Beach was not nearly what it is today. In many ways, it has not changed. Much of our identity is steeped in our rich history. One of the unique qualities of Chicks Beach is our diversity. We do not share all the same backgrounds, but yet we choose to live in this little nook off Shore 9 Drive on the beaches of the Chesapeake Bay. It has been the affordable housing for our labor force for generations. Windsong residents are seeing raises in rent and additional fees being placed in an insidious fashion to slowly push them out. Where will they go in the midst of a pandemic crisis. Many of them hold jobs and local businesses. Most of them live in the apartment complexes along the stretch, a Pleasure House Road from Shore Drive to Lookout Road. For many of us it is painful to see the tides of change occurring all around us, because we are so invested in our community. We would like to see common sense changes instead of steamroll change that is driven only by the almighty dollar. I am a native of Virginia Beach and I grew up vacationing at Chesapeake Beach, and I have seen many changes in my 55 years. We do know that change is inevitable. Yes, Chicks Beach is valuable waterfront community. It is why many of us, including myself have brought our businesses here, and why so many developers are moving in. The Civic League understands the need to improve, we welcome improvements. We support our local businesses and expect change. We understand that the Windsong Apartments are aged and in some cases in disrepair. It is long overdue. The Civic League has been amicable to discuss and even compromise with the developers about what could be done to renovate the complex. I have been meeting with representatives of Bonaventure for nearly two years now in hopes that we could find a resolution. The initial plan was put forth, was bad for Chicks Beach then and there has been little change since. So, I will proceed with our opposition. Pleasure House Road, I mentioned our antiquated infrastructure. Pleasure House Road is a two lane road that has ingress and egress points for a large majority of people and most of our neighborhood. The intersection at Pleasure House and Shore Drive is currently rated an E by the City's Traffic Engineers, not an A, B, or C, but an E. We border on one of the largest naval bases in the country and when they are backed up, it pushes the traffic on Pleasure House Road as far back as the old fire station. The city knows how bad it can be because it realized what a nightmare the intersection was, and they decided to relocate the fire station to Greenwell Road because our first responders were being delayed. The mere fact that there is a no left turn during peak hours at the Wawa on the corner of Pleasure House and Shore Drive is an admission of an issue with traffic. The developers plan to rezone most of the Windsong Property they are proposing an increase of a minimum of 139 units. According to code, that would be approximately 280 additional drivers on a C road that is already rated an E. I want you to imagine the major thoroughfare coming out of your neighborhood. Now imagine, adding 280 10 additional cars every day. We have many concerns about the developers plan, but first and foremost, it is their desire to rezone to A-36, which sets a dangerous precedent for our community. As a matter of reference the City Code states in Section 600 of the Virginia Beach City Ordinance, Appendix- A, A-36 apartment districts are created in recognition of the existence of develop areas where multifamily dwellings exist as a density already 36 units per acre. It is not the intention to create additional A-36 districts to enlarge the limits of existing A-24 or A-36 districts, except in cases to promote infilling in areas already zoned A-36. Nowhere in all Chesapeake Beach do we have any A-36 zones, nowhere. This also violates the City's Comprehensive Plan, the developers are asking for a change in zoning which is in direct conflict with the Virginia Beach Zoning Ordinance. The city has a comprehensive plan for our growth and density that does not include this type of density. Chesapeake Beach is not in a "strategic growth area" of the city, and only in those strategic growth areas can a city change the zoning. A-36 is in the Comprehensive Plan only in infill small pockets that are in need. Additionally, this rezoning is in direct conflict with the city's own Shore Drive Overlay District. As a community, we have grown accustomed to new development, we are familiar with the City's Comprehensive Plan and Shore Drive Overlay District, which already allows for increased density. Chicks Beach is seeing an annual increase in density with current R5R zones where our little cottages are being razed and 3- story duplexes are going up every month. We believe that creating an A- 36 zone in the heart of Chicks Beach opens the door for all neighboring multifamily complexes to overdevelop. On March 18, 2019 I invited the representatives of Bonaventure to our Civic League general meeting and attendance were Delegate Chris Stolle, Councilman Lewis Jones, Commissioner Dave Redmond, Shore Drive Community Coalition President Todd Solomon, and Presidents from Bay Lake Pines, Ocean Park, Cape Story by the Sea Civic Leagues. There were over 200 people in attendance, Bonaventure gave their presentation and then fielded many questions by our members. At the conclusion of our meeting, we voted on whether to endorse their request to rezone to A-36. Our Civic League voted unanimously to oppose Bonaventure's request to rezone to A-36. Let me be clear though, as a group we are not opposed to renovation on the current zoning. Many from our group are developers themselves and came up with very good ideas on alternative ways to improve the property. As a matter of fact, we have had numerous meetings with the representatives of Bonaventure in hopes to appeal to some sort of healthy common sense resolution. We were consistently told that to make the numbers work, they 11 have to resort to the plan that they have instituted. Their standard answer to our recommendations was that, that is not what we do, we only do apartments, no other options period, even when there clearly were better ones that would benefit all parties and still reap a return on investment for the owners. Because they were obtuse and only do this project one way we see this clearly as a self-imposed hardship. As much as we do want to see the Windsong Apartments improved it should not be the City's or at our neighborhoods expense. If this should pass, our fear would be Bonaventure's potential strategy would be one of mission creep. After the starting out with limited new construction and some renovation, the next phase would be to demolish the old units and build 36 units per acre with no variance needed. This potentially would bring the total number of units from 417 to 563 and an increase in this much density would make our intersection at Pleasure House and Shore Drive a bottleneck nightmare. Our Emergency Medical Services and Fire and Rescue would be compromised as response times would be lengthened and potentially setting up for potential disaster. One should pose this question, how is this project a benefit to Chicks Beach. As you probably already know Chicks Beach has a water problem, with the current rise in sea level, we are seeing more and more issues with flooding and standing water throughout our community. We feel that the city needs to make it a priority to create solutions to already existing problems. Why allow a preventable problem like increased density and increased traffic requiring capital improvements, when we are dealing with problems like flooding. This simply does not make sense, especially when you know that it goes against the city's own ordinance, comprehensive plan, and Shore Drive Overlay. Ladies and gentlemen, I thank you for your time. I appreciate your no vote. Ms. Oliver: Thank you, Dr. Morgan. Is anybody have any questions, Mr. Redman. Dr. Morgan. Mr. Redmond: No, I just wanted to mention that March meeting of 2019, you left out Rosemary Wilson, she was there too. Mr. Morgan: I apologize. Mr. Redmond: There you go, I feel better. Ms. Oliver: Thank you. 12 Ms. Dozier: Mark Walker. Ms. Oliver: Welcome, if you will state your name for the record when you arrive, Mr. Walker. Mr. Walker: Good afternoon Madam Chairman, Planning Commissioners, my name is Mark Walker. I am a registered architect and resident of Chicks Beach for 41 years. I am also co-chair of the Architectural Preservation and Zoning Committee for the Chesapeake Beach Civic League for the past 19 years and I am opposed to this conditional rezoning request. The applicant wishes to abolish the current R-10 and A-18 zoning completely. An A-18 zoning currently occupies over 50% of the existing 14.7 acre parcel. When you do the math, using the existing 272 housing units divided by current acreage, the result is 18.5 units per acre basically matching A-18 zoning. Yet the applicant wants to convert the entire parcel with the exception of 0.2 acres to A-24 and A-36 zoning at about a 60-40 split. How is this justified, where is the hardship and furthermore where is the precedent. There does exist a small 2-acre parcel, which is zoned A-24 and is part of the 14.7 acre site. As a reference article six of the Virginia Beach Zoning Ordinance gives the legislative intent for apartment districts, A-24 and A-36 as follows, and "the A-24 and A-36 districts are created in recognition of the existence of developed areas where multifamily dwellings exist and densities between 24 and 36 dwelling units per acre". At 18.5 units per acre this current density is not even close to justifying the creation of additional A-24 and A-36 zoning according to the ordinance. The ordinance further states it is not the intention to create additional A-24 and A-36 districts, except in cases to promote infilling in areas that are already zoned or developed at densities between 24 and 36 dwelling units per acre. There are no parcels zoned A- 36 within miles of Windsong Apartments in all directions to justify infilling of existing densities, between 24 and 36 units per acre. Approval of this rezoning will add 139 new units to the existing 272 for a 51% density increase. Expanding A-24 and creating A-36 zoning at Chicks Beach will create a precedent, which is unjustified and clearly not allowed by the ordinance. The Bayfront corridor is already 25% more dense than the rest of Virginia Beach, please do not approve this rezoning, unsupported, unjustified 51% density increase. Thank you very much. Ms. Oliver: Thank you. Ms. Dozier: Matt Baumgarten. 13 Ms. Oliver: Welcome, if you will please state your name for the record. Mr. Baumgarten: Matt Baumgarten. Good afternoon distinguished members of the Virginia Beach Planning Commission, my name is Matt Baumgarten and I have been a resident of Virginia Beach since 1992, I moved to Chicks Beach in 2006. I currently serve as the co-chair of the Architectural Preservation and Zoning Committee of Chesapeake Beach Civic League. I have been in commercial construction and real estate development for over 24 years, while Colliers and Associates are trying to accomplish at Windsong Apartments makes sense to me from a business perspective, but as a resident of one of the finest and historically significant sections of Virginia Beach I am deeply concerned with how this project is being presented by the owner today. Currently, the site has 272 very small one and two bedroom apartments. The rezoning application does not provide any data on the number of bedrooms currently on the property or for the proposed 411 units. Why is a bedroom count a significant factor? Because in this area of Virginia Beach we have many brave service members and hardworking blue collar workers that like to buddy up and live together, so, they can afford to live near the beach. More bedrooms means more adults living on property and that translates directly to more cars associated with the property. Assuming a balance split of one and two bedroom units the existing 272 units should result in approximately 408 total bedrooms. However, with 411 units that now include three and four bedroom units that bedroom count could be as high as 1000 bedrooms. According to this application, the new Windsong complex will only produce 76 school aged children. Therefore, it is safe to assume that the majority of the bedrooms will be filled with adults. Adults that work or go to school and that own a car, but what if this proposed plan is just step-one for developing this site. I see huge mission creep potential. Why would a property owner developer stop at 411 units? If this was my property, I would want to maximize its earning potential. So, let us say they get 411 units approved here today with a section of the property zoned A-36, I would be back in 5 to 10 years and turn the entire property into A-36. When we look at the site plan for Windsong they are leaving 13 of the old building still standing. Having a mix of brand new class-A apartments with at best class-C apartments on the same property does not make sense to me. This creates tension between residents, a feeling of haves and have nots will develop. I bring your attention to what Lincoln Military Housing has done right here on Shore Drive, they built brand new multifamily units adjacent to the 1960s era 14 multifamily units. The tension they created as a major reason you keep seeing like in military housing in the newspaper for inadequate service and subpar living conditions. With the entire Windsong Property rezoned to A- 36 the owner will be allowed by right to build a total 528 units, bedroom count for 528 units could go as high as 1300. That would be a 500% increase from what Windsong is today. Again I say to you, I see huge mission creep potential here. We the citizens of Chicks Beach and the overall Shore Drive Corridor Community have invested long term in our choice of the place that we call home. We are the ones that are forced to live. Ms. Oliver: Thank you, Sir. Mr. Baumgarten: Thank you Ma'am. Ms. Dozier: Wally Damon. Ms. Oliver: Welcome, state your name for the record, please. Mr. Damon: I am Wally Damon. I live in Chesapeake Beach Good afternoon. I have lived in the Shore Drive corridor most of my life. My background is construction management and critical path method scheduling, and that is why I oppose this application. I know what it is going to be like. Chesapeake Beach was a beautiful little community when my family and I moved there in April of 1957. Pleasure House Road was then and still is one lane in and one lane out. At first we lived on Lauderdale Avenue between Pleasure House Lake, and the Bay. A big sand dune with our backyard down to the Bay and it is hard for me to explain how wonderful that was. It was a very safe place to grow up, my brothers and I played on that sand dune all the time. It is all gone. In the 30s Chesapeake Beach was mostly farmland. By the time we moved there, there were weeping willow trees and wild strawberries growing all along Guam Avenue where we lived west to a large patch of water oaks, where the Chesapeake Bay Bridge tunnel is today. As kids we would climb to the top of those water oaks and go from tree-to-tree on vines and never touched the ground. There was a virtual canopy that blocked the light from coming down through the trees, all the kids loved it. It is all gone. Pear trees and Muscadine grapes grew along the Lookout Road. Apple and blackberry trees around Lake Drive. There were fig trees and persimmons throughout Chesapeake Beach. There were small cottages for people to live in. Most driveways 15 were either sand or crushed oyster shells. It is all gone. In the early 70s apartments started popping up along Pleasure House Road. My wife recently counted 22 apartment complexes that feed traffic onto Pleasure House Road. It is so crowded that many residents now use Greenwell Road, the road that I live on, or Indian Hill at the West End of Lookout Road to enter or leave Chesapeake Beach. Windsong Apartments was called Collier Apartments when I rented a garage from them for a few years while my brother Gus was living there. I got to know Clyde Collier Junior pretty well and we went to Bike Week in Daytona together with our motorcycles. I have to get this off my chest. My main complaint about this application is the density it will add to the neighborhood, and the potential for even more. Pleasure House Road is one lane please remember that, a change in zoning of the A-36 will be just that, a hardship that Chesapeake Beach cannot live with. And, if they get the right to overcrowded us even more than we are now, what will other apartment owners want to do. Where will we be then with all of the meetings I have attended about this, they would never answer my questions. Why cannot they comply with the current zoning. I have asked seven times, seven meetings I have been to, everybody wants to live in Chicks Beach. Ladies and gentlemen everybody can't. We just can't do it, we cannot have all those people coming in there. We have got to do something better about Pleasure House Road critical path method scheduling remember, it is important. Ms. Oliver: Thank you sir. Ms. Dozier: Gaylon Montgomery. Ms. Oliver: If you please state your name for the record. Thank you. Mr. Montgomery: My name is Gaylon Montgomery. I am currently the Chesapeake Beach Civic League Secretary, and I have been a resident of Chesapeake Beach for 21 years. I am opposed to rezoning to A-36 or even A-24. This increase in density will put a heavy burden on our traffic situation for both Pleasure House Road and neighborhood streets used as alternate routes to Shore Drive. Even A-24 rezoning would increase the development by over 125 units, at the normal 2.15 vehicles per unit that is conservatively 280 more vehicles on Pleasure House Road averaging four trips per day. Pleasure House Road cannot handle 1100 more vehicles per day, does not take a friend in Traffic Engineering to figure that out. Unlike other properties Bonaventure has shown us Windsong has entry and egress only to 16 Pleasure House Road, a two lane road. Pleasure House Road is the main thoroughfare for Chesapeake Beach, Chicks Beach, and Bay Lake Pines residents. It is the main avenue for visitors to our four awesome restaurants and brewery. Spring and summer beach goers enjoy historic Chicks Beach. Driveways and parking lots are packed all summer, and the City makes quite a sum on speeding tickets and illegally parked cars, because we are already overburdened. The intersection of Pleasure House and Shore Drive rated E, is already maxed out during the beach season and during peak commute hours, year around. The City recognizes this traffic issue and has enacted no turn regulations, extended turn lanes on Shore Drive and Northampton Boulevard, reduced speed limits on portions of Pleasure House and they even moved our Fire Department off of Pleasure House to get better access to Shore Drive. They recognize that slowing down emergency vehicles may very well cost a life. In 2015, I was in a trauma ambulance with a broken vertebrae and concussions from a ladder accident at my home. It took the trauma ambulance 20 minutes to arrive, while a neighbor pinned me to the ground. Time was of the essence. It makes no sense to make this worse. This is a very pedestrian neighborhood. We have had one neighbor killed, hit by a car right in front of 711 on Pleasure House, and another recently hit and killed on his bike at the intersection of Shore and Pleasure House. It is only a matter of time before a child will be struck by a vehicle going around cars, waiting to turn across traffic, they are lined up there every day. City sidewalk improvements have been cancelled because of lack of funding. This increase in zoning will set a precedent for the apartment owners and developers on the Short Drive Corridor. With Windsong today, there are eight major apartment complexes, all of which are ageing, all of which are on that one-mile stretch of Pleasure House Road, all of which have access only via Pleasure House Road, and all of which will be asking you to do the same for them if you approve an A-24 and A-36 voting. Thank you for voting a resounding no, as the residents have asked you to do. Ms. Oliver: Thank you, sir. Ms. Dozier: Quinn Zimmerman. Ms. Oliver: Welcome if you will state your name for the record please. Mr. Zimmerman: My name is Quinn Zimmerman, and I am here in opposition. My family has been in a residence of Chesapeake Beach for more than 41 years. I 17 am an environmental scientist with a deep bore license of master onsite soil evaluator. For the past 20 years I worked in environmental and public health, with respect to inground disposal of wastewater. I have also personally and professionally in many sites where stormwater runoff has negatively affected clients and my family. It is said that no one raindrop believes it is to blame for the flood and the same can be said for any square foot of impervious surface. In the past several decades flooding due to a combination of factors is becoming a bigger, bigger issue in the region. In Chesapeake Beach increased development by-right has exacerbated issues to the point that Lakes Pleasure House and Bradford, parts of which this property drained to are already, one of the major city stormwater projects. The proposal before you plans to deal with onsite stormwater using underground chambers designed to promote onsite infiltration. Like any tool these chambers have advantages and disadvantages. Specifically, they work well in sandy soils with a deep water table. This is the opposite of what is present on Windsong site. USDA soil maps of the area show that the native soil type is Tetotum series. This soil has both high-clay content and a high seasonal water table. In order to keep chambers from being crushed by vehicular and other traffic, the bottoms of commonly used chambers are three to four or four or more feet underground. Instead of stormwater flowing into these chambers and soaking into the ground, they will be underwater for much of the year and will not work properly. Any runoff entering the chambers will force a mixture of stormwater and groundwater out the other end, instead of reducing runoff from the site. Thus increasing the amount quantities of stormwater entering the surrounding area. I have already discussed two of the lakes. Let me mention Lake Joyce, that the other property also drains to. This lake only outfalls is a small drain with small diameter pipes under Indian Hill Road and these pipes are smaller than many of the pipes that discharge stormwater into the lake. These outfall pipes pale in comparison to larger outfall were and box culverts at other sites such as Lake Smith. Of course installing these stormwater improvements would be a significant capital investment to the City and disruptions to traffic over a prolonged period of time. Sadly, it gets worse. The concentrations of pollutants in stormwater are high, to reduce bacteria nutrients and other pollutants to low levels and prevent groundwater pollution, you need a significant depth of dry unsaturated soil with these chambers which is not going to happen due to the high seasonal water table. By putting stormwater directly into the water table, contamination of the near surface aquifer can occur. This contamination could also spread beyond the Windsong site. City spent a 18 lot of money trying to fix problems in our area. We do not need this kind of precedent being set. I implore you to vote no on this proposal. Ms. Oliver: Thank you, sir. Ms. Dozier: Michelle Zimmerman. Ms. Zimmerman: Good afternoon and thank you for having us here today. As my son just told you, I am a 41-year resident as is he. Ms. Oliver: Madam if you could state your name for the record, please. Ms. Zimmerman: I am Michelle Zimmerman and I live in Chesapeake Beach. I have for 41 years, and I am here in opposition to the proposal of the Collier Bonaventure folks to rezone the Windsong Property. I completely oppose this plan, this conditional rezoning again as my neighbors have stated the density requested creates a burdensome hardship and danger to the health and safety of our residents. As you all know,great density and public safety, are incompatible. And, all of our first responders and our liaison police officers with our Civic League can attest to the difficulty that density causes in terms of family violence, in terms of fire risks, and in terms of accidents. To the density and the egress and ingress on Pleasure House Road, Pleasure House Road is a basically a side from carrying automobiles from a Shore Drive and the other areas to the Lookout Road area is also utilized by children on bikes, by parents walking babies in strollers, by general pedestrians. We have already heard about accidents that have happened there. We have seen accelerated destruction of the environment and a degradation in our environment due to the increased density. The Collier plan as you can see, includes requests for minimal setbacks from the road, one of the setbacks is from 30-feet to 5-feet of Pleasure House Road. There is barely room for a six-inch sidewalk there. And, we have all of these people going up and down the road. I will quickly try to tie up, in the summertime between late April and late September, density increases by probably tenfold and we have no place to keep our cars. Ms. Oliver: Thank you, I am sorry your time is up. Ms. Zimmerman: Okay. Ms. Dozier: Christopher Tan. 19 Mr. Tan: Good afternoon, Madam Chair and the Planning Commission and Members of the Planning Commission. My name is Christopher Tan and I am the CEO of Catholic Charities of Eastern Virginia. I am here to just talk briefly about our partnership with the developers and what we would plan to do. And, I would just state very quickly that I Catholic Charities, I do not know about all the traffic stuff and all that stuff and I do not even have the pleasure of living in the City of Virginia Beach, I actually live in Norfolk, but we have two offices in Virginia Beach, but Catholic Charities really care about people and that is important to us. So, I will let other people talk about the aesthetics. But, for us at Catholic Charities, we really pride ourselves on doing the right thing and trying to partner with people that are trying to do the right thing by people. So, we are excited to be a part of the project in helping the current residents who may need help with rental assistance, may need help with moving expenses, may need help with determining whether they can afford the property that would be moving forward, Catholic Charities would provide all of that assistance free of charge. So, we have already started working with a resident who suggested that this may be may happen was interested in buying her first home. And, so, Catholic Charities can provide them with credit counseling helping them repair credit, first time home purchase counseling that helps them think about what it would take to buy a home, and then getting them in the right direction, so, we have already started that with one of the residents already. This is all provided by Catholic Charities free of charge to anybody who is interested, residents of the apartments and anyone else to be quite frank in the public. And, so, it is really important to us as I said to partner with somebody who we feel at least has the best interest of those who they are trying to help as a part of that process. We have seen it many times in working with the poor and the working poor, where developers come in and do not even think twice about building properties and not put any money aside to help them determine what is best for them and their families. And, so, Catholic Charities stands ready to help in any way that we can. We have a rich history of working in financial and housing counseling and a rich history of working for with and for the City of Virginia Beach. We currently have distributed almost $350,000 in rental assistance in the Hampton Roads community related to COVID. We distributed 40,000 diapers in the City of Virginia Beach alone and Catholic Charities was honored to also be a part of and the case managers for the victims of the municipal shooting as well. So, we try to do the right thing every chance we get. So, I am happy to answer any questions you have and thank you for your time. 20 Ms. Oliver: Ms. Klein. Ms. Klein: In addition to a security deposit for someone who is looking to relocate out of the Windsong Properties, is their ongoing assistance or is it that initial security deposit that you all provide. Mr. Tan: So, I think it will depend to be quite frank on what the need of the resident is. So, for example, the good news is in some sense that there is a pool of funding that Bonaventure have set aside that Catholic Charities has some significant discretion on determining what is in the best interest of the residents. So, part of that would be if they are looking to move, clearly helping with their moving expenses and helping with a security deposit if it is another rental property. Our hope is to help them think through if purchasing a home is what their goal is to help them do that and we can set aside money for those type of things as well, helping them figure out what the cost would be for home inspections and all kinds of different things. At Catholic Charities, I hope that the goal would be to take each individual case as unique and Catholic Charities with our agreement has a lot of discretion to determine what that is, there is limitations clearly and, but it could be rental assistance, it could be helping them stay, if they want to stay. And, then the other part that we would provide is helping them to feel like whether that can be affordable or not. I mean I sympathize with a lot of the comments here, we see it all the time but we also at Catholic Charities are somewhat responsible in helping to educate mentor and coach people into making sure they can afford or they want to stay. I always say to some of the clients that we have like my wife and I would love to live in a house right on the beach but that is not in our budget. I work for nonprofit. So, I think, helping them figure that out as well is going to be a part of that. So, it can go way beyond that, but it would be based on their needs. Ms. Klein: It looks like the current rent is about$1,000, what does that market look like in the Norfolk, Virginia Beach area for someone. Mr. Tan: That is hard to answer, I can only answer it this way like we are in COVID assistance for many people who have lost jobs, the average assistance amount that we are assisting with one month's rent for the most part is between $800 and $1200. We received very little less than 800, we see as much as you know 15 and 1600 at times, it depends on the size. So, I cannot answer you know what that would be like average wise but for our 21 COVID assistance related to Virginia Beach and Norfolk and the surrounding areas, the average is probably 1000. Ms. Klein: What about the density of available housing in that price range. Mr. Tan: This is totally my opinion in some sense I do not want to speak for Catholic Charities in that perspective, I think we are really challenged with affordable housing in this entire community, you can you can pick any city you want in my opinion,and where that affordable housing is located is also a challenge. I think what you would see from the clients that we serve instead of give you a picture we serve about 75% of clients that we would consider the working poor, which is 200% of poverty or below. So, an average family of four that's $44,000 a year, but we see rentals oftentimes well within 12, 13, $1400 for that type of family, and it is a challenge. And, so, I definitely think at the low end of the spectrum affordable housing is a tremendous challenge. I do not know exactly how the new rates would apply. Ms. Klein: Thank you. Mr. Tan: Sure. Mr. Graham: Thank you. I know you are not an apartment specialist but you are seeing rents with your clients that, it is increasing whether a property's renovated or not, is that accurate. Mr. Tan: Sure. Yeah. I think, I would say, again not knowing exactly the specifics of the rental in that particular area that for the poor and the working poor you know rent is going up, and whether it is being renovated or not really does not matter in that sense. In a previous position, I worked for a city that was spending out significant amount of time renovating and redeveloping areas, we were advocates for families at the time and we saw the same thing, it has not changed. So, I absolutely would say that rent is going up wherever you are in that sense. Mr. Graham: Yeah. Okay. The developer I believe is committed to $200,000, the funds set aside, do you see that very often where somebody redeveloping a property like this and expanding a property or adding units that they set aside $200,000. I know it does not go as far as we would like it to go but do you see that very often. 22 Mr. Tan: So, this is the first time I have testified for a Planning Commission if that answers your question. So, I have never seen it, we have never been asked, we have been doing financial and housing counseling for tremendous amount of time. We have never been asked to do it, we have been doing and again we do this work in relation to the community. So, it is very rare in my mind, we have never seen it and I would say that the significant part of the money set aside as well as that like Catholic Charities we're taking a very small portion to actually administer the funds, so, 80% of that money is going literally directly to the people that are in need. And, we also allowed to give you an example, this has not been approved and we have not received any money just to make sure everybody knows that, but we are also helping some of those residents right now with their COVID response assistance because they do not have jobs related to COVID. And, so, we are connecting them with the Virginia Beach Relief Organizations and other emergency food and shelter programs that we have, helping them now and we are doing that throughout numerous cities in the area, and so. But to answer your question, no, we do not see that often. Mr. Graham: Okay, well thank you for everything you do. Mr. Tan: Yeah, I appreciate you time. Ms. Oliver: Do we have any other questions? Thank you so much for your time and your service. Mr. Tan: Thanks for your time. Ms. Dozier: Rebecca Bump. Ms. Oliver: Welcome, if you state your name for the record, please. Ms. Bump: My name is Becky Bump and I have been a resident of Chicks Beach for 22 years. I purchased my home in 1998, and it was built in 1937, within the first year of living on the lake, my home experienced flooding problems. In fact, much of the entire community has experienced a lot of flooding over the years. The problem is not really sea level rise, but stormwater. For years Lake Chubb and Bradford have been the major stormwater repositories for the Northwest corner of Virginia Beach, including Chesapeake Beach as well as Thoroughgood. The stormwater flows into and through Lakes Chubb and Bradford and exit through a long outfall 23 system that runs through Little Creek, through a weir and ditch and finally ends up in Little Creek Bay. In the early 2000s several million dollars were spent by our City to outs and stop flooding by improving the drainage at Pleasure House Lake which dead ends at the end of Pleasure House Road on Lookout. Pleasure House Lake has no outfall. So, they spent the money to connect Pleasure Lake by pipe to Chubb Lake, so that when it overflowed we would add even more water into the stormwater system. Unfortunately, continued development and resulting density in Chesapeake Beach and the loss of open land, the tremendous removal of about every Live Oak Tree living there has exacerbated the flooding issues to the point that after the enormous flooding of Hurricane Matthew in 2016, finally a CIP was completed, was issued to study the problem of the water and the stormwater. The engineering has been done and the report states that the City will need to spend $32 million to mitigate the flooding at Lakes Pleasure, Chubb, and Bradford, that's before Bonaventure increased density here. Unfortunately, while the engineering is complete, there is no budget allocated at this time, so, with having a plan without a budget is not really helping us. In the meantime, the new Windsong project will add to the stormwater problem in an already very flood weary neighborhood. As Mr. Zimmerman pointed out the proposed underwater storage systems proposed for Windsong will not work based on the water table that is there it is a nice idea but it is impractical for their location. As added to the paving of an enormous amount of area that is now currently open space, you can only imagine how much more difficult the flooding will become. I lost my house, my home during Hurricane Matthew. For those of us who live in Chicks Beach and particularly for those of us who have been on these Lakes, we are paying very high taxes. Ms. Oliver: Thank you very much, Ma'am. Your time is up. Ms. Bump: Thank you. Ms. Dozier: Theresa Pearson. Ms. Pearson: Thank you Madam Chair and members of the Planning Commission. My name is Teresa Pearson, I live in Throughgood 23455. I am the Director of Admissions for Marian Manor Assisted Living, it is a nonprofit assisted living community. Oftentimes I get folks who come into my community, because of a change in a life event, they may be downsizing, or they may have experienced the loss of a spouse or any other number of reasons for them 24 to move. They come to our community looking to find another place to live, to be members of a community, to stay in their neighborhood to enjoy all of the things that they have had for years. However, a lot of them are not in need of the services that we provide right away. But, they are also very cautious of their monies because as we all know, care for elderly is very expensive, and an opportunity to be able to present a community like Windsong that is a 100% rent community, that would allow them to move downsize, preserve their monies for when they do need assisted living and be able to not be taxed with the sale of another home is an absolutely wonderful opportunity for me to be able to offer to these folks, because again, they want community, they are independent, they do not need our services now, but they will someday, and we need to help them preserve their funds for as long as possible. One of the beauties of the community that I work in is that we provide a home for life because we are sponsored by the Catholic Diocese. I have had the pleasure of working with Bonaventure and seeing their rendering, I live in that corridor. I hope someday to maybe as I downsize, relocate there because it is my neighborhood. And, I have also had the opportunity to participate in a job fair that they put on in December of 2019, prior to COVID. We had the great pleasure of being able to hire an exceptional individual out of that job fair that has now become a very viable staff family member in taking care of these residents who entrust themselves to us. So, I stand here and speak for the approval of this community. I think it can serve a lot of good, I am not into the environmental aspect and the aesthetic aspect, but I do support what they are trying to do there. Thank you. Ms. Oliver: Thank you. Ms. Dozier: Bill Curtis. Ms. Oliver: Welcome, and if you will state your name for the record, please. Mr. Curtis: Good afternoon, my name is Bill Curtis, and I am a retired Naval Officer, I am Chairman of the Board of Directors of Staff Incorporated which is a community action agency. Remember of the Hampton Roads Black Caucus and also a former Vice President of my Homeowners Association. I come before you in support this initiative. In addition to those and I am not representing any of them. I just want you to know that I am active in the community and I understand what is going on. I also spent many years living in Northern Virginia and one of my concerns is that Virginia Beach not 25 become Arlington or Alexandria. Having lived there that is not desirable. So, I view this initiative with a great deal of promise. I think that it is presenting a need that even though redevelopment is, in many cases not desirable, it is going to be inevitable. Now, I live in the Three Oaks Area near Red Mill, so, I understand the comments of the people the residents, but I also recognize that you want to have responsible development that meets the needs of the community and I think Bonaventure does a great job with that. I think that they are going to provide an opportunity for military people, for those who are changing their residences, and we have to keep in mind that this corridor is highly desirable. So, you are going to see redevelopment and you are going to see density increases. I think this has a measured approach. And, I think that it would benefit the community and the City and I encourage you to approve it. Thank you. Ms. Oliver: Thank you very much. Ms. Dozier: Madam Chair, the next four speakers are WebEx speakers, so, if you will bear with us for a moment. They are online and Kevin is prepared. Kim Mayo. Kim if you will pause two or three seconds we will unmute your mic and you can begin your comments, please do not ask if we can hear you. If you will pause two to three seconds, we are going to unmute your mic and you can begin your comments. That would be, Cami Jones. Cami if you could pause for two to three seconds, we will unmute your mic and you can begin your comments. Ms. Best-Jones: Hi, good afternoon, Madam Chair and Committee Members, my name is Cami Best-Jones, my husband and my 9-year-old, and our super cute aussie-doodle dog live in Chesapeake Beach. We own a single family home there. Our street is just off of Pleasure House Road, it is across from the property we are talking about. I feel like that is really important to note. We have heard from six individuals in support of this, none of which live in Chicks Beach.We have got someone from Cape Story who thinks that looks nice. Ocean Lakes who wants to move to our community, someone nearby that likes to visit. Folks from an organization to help relocate people out of our neighborhood, an organization to help locate people into our neighborhood, and someone who has lived in Arlington, Virginia, as have I actually, that is where I relocated from living in Arlington, see a lot of complexes like the one we are talking about today, and we actually sought out Chicks Beach for the neighborhood itself and relocated here. So, I can tell you that what you are hearing from the community and that is the Chicks 26 Beach community is a strong resounding opposition to the rezoning of A- 36. I do commend the developers, and Mr. Nutter's clients for certainly addressing some of our concerns there. No longer is a plan to have a 4- story apartment complex building right off of Pleasure House Road which was initially what they came to us as a good idea, so, I am glad to see they at least moved it a few feet back from the street that does not have a sidewalk. However, this committee really has a great opportunity to help us facilitate growth and development in Virginia Beach, but to still keep the integrity of our community by not approving this property to be rezoned as A-36. I would not harp on that too much because I know others have talked about that specifically. But the Virginia Beach Comprehensive Plan does include this as part of the suburban area of the Bayfront Community. According to the Staff Plan that you all looked at it clearly states that includes preserving and protecting the character, economic value and the aesthetic quality of the neighborhood while also achieving the lowest reasonable density for residential use. So, I would say that A-36 does not even come close to being protected in this, again definitely I would love to see them absolutely transformed this development with an infinity pool and beautiful kitchens and a gym, but that can certainly be done within A-24 zoning or less. So, I have been told I am a talker, I will be clear and what I am asking for today, I asked the committee not to approve the rezoning request for A-36. Ms. Dozier: The next speaker is Duncan Byers. Duncan if you will pause two to three seconds, we will unmute your mic and you can begin your comments. Mr. Byers: Yes. My name is Duncan Byers. I am a resident of Chicks Beach along with my wife and my just over 2-year-old daughter. I am going to keep this very, very short. Most of the important points I think have been hit on by the other members of the Civic League, but just so you know. I am not only a member of the Civic League but I also serve in an unofficial capacity as legal counsel and provide legal advice. I am a partner of Patten Wornorm Hatten and Diamonstein with a single point that I need to make to the committee today is that, if the committee, actually sends this up to the City Council for approval and the City Council does approve it that would be in direct violation of the existing zoning ordinances, the existing zoning in the site does not meet the prerequisites to allow the City Council to increase the zoning to A-24 or A-36 by the very language of the zoning ordinance, and the Virginia Supreme Court has already held that to do so in a separate case but facts that are exactly on point. To do so, is arbitrary and capricious 27 and is a void act. And, so, as this committee considers whether or not to send this up to the City Council for consideration should also take into consideration the legal ramifications of it as well. Because what is going to end up happening quite frankly is that there is going to be a legal challenge and whether or not that comes out, in favor of the new zoning or not of course it is going to be up to the courts, but the committee needs to take that into account while it is considering this. And as a consequence, I oppose the plan as it stands right now. Ms. Oliver: We have a question for the speaker please. Mr. Weiner: Mr. Byers can you give us some legal citations, as to where you determined that this was an improper action in terms of our ordinance or State law. Mr. Byers: Yes. Yes, I can. First off, we need to look at the language of the ordinance itself that says, specifically and I am quoting here, the A-24 and A-36 apartment districts are created in recognition of the existence of developed areas where multifamily dwellings exist at densities between 24 and 36 dwelling units per acre. It is not the intention to create additional A-24 or A- 36 districts, or to enlarge the limits of existing A-24 or A-36 districts, except in cases to promote infilling in areas that are already zoned or developed at densities between 24 and 36 dwelling units per acre. So, what we have there is we have conditions precedent, to being able to change the zoning. None of the existing area actually falls in between A-24 and A-36 as required by the ordinance. And, so, they do not meet the conditions precedent and according to the Supreme Court in the case of Ranchi, the County Board of Arlington County and I will give you the specific citation that is 272, Virginia 369. If he looks specifically at language, forgive me I have to flip through to my marked up version I was going to be there today but could not physically. And in considering the case and I would recommend strongly that the Council look at it in detail. I will give you the summary and then you all can review it and consult with Council as necessary to understand what I am talking about. The Supreme Court said here, the County acted in direct violation of its zoning ordinance. When the County rezoned a portion of the property from one zoning classification to another without complying with the eligibility requirements set out in its own ordinance, its action was arbitrary and capricious and not fairly debatable. Therefore, rendering the rezoning void, and of no effect. And that is the first part of the paragraph, just prior to the conclusion. It was a decision from 2006, and the holding was written by Justice Kinzer. 28 Mr. Inman: Thank you very much. Ms. Oliver: We have any other questions for the speaker? Thank you very much sir. Ms. Dozier: Next speaker is Melissa Griffith. Melissa if you can pause for two to three seconds we will unmute your mic and you can bring in your comments. Did you wish for me to call the other WebEx participant who did not respond, if you wish for me to call for her again. That would be the end of our speakers Madam. Ms. Oliver: Thank you very much. Mr. Nutter, would you like to come forward, please. Mr. Nutter: Thank you very much. I would like to just a couple of the points and I know, I believe I have three minutes, if I am not mistaken on rebuttal. Ms. Oliver: Probably with all our questions you will end up with more than that. So, I think we will just start. Mr. Nutter: Thank you. First of all, I am not here to threaten if you do not approve this by the way. There is plenty a lot of support to the Council's ability to adopt rezonings. But, even if we play that little game, I would point out to you that the density here is 28 units to the acre right between 24 and 36. The only reason I want to make this point, we originally zoned this property and submitted it as A-36, the whole thing with a density restriction to 411. And, we were told by the Civic League that you are trying to trick us and you will come back. So, they said, if you can divide this up so that the maximum density is 36 and 24, so, you cannot possibly come back. And, originally Mr. Tajan rejected that idea, so, that is ridiculous. He said we do conditional rezonings all day long limiting the density. All day long, you do it, you have seen that every probably once a month at least. So, we did it, we amended the application with A-36 and A-24. And, we told the Civic League, if there was an A-28 zoning, we would do it. There is no A-28 zoning and that is what led us to the situation we are in today. So, I point out specifically because we did this to prevent the very thing they are concerned about which is this zoning creep concept that has been dreamt up. This is the maximum we can do on this property, period. We cannot come back and tear down old buildings, because we cannot park them. It is just that simple. This is it for Windsong. This is it for its next 20 years to make it viable. So, I want to defeat that idea that somehow that we are doing zoning creep, we 29 are not. That we are threatening to sue you, because if you do not grant this, we are not doing that, because we believe you got more than enough discretion to approve this application. I would like to address couple of points though about stormwater, because I will direct you to page eight of your write up, and I would direct the opposition to the same page, that says that in this case we did more than most applicants. We went to and got the actual stormwater models for Lake Bradford and Lake Joyce. And, we also did our own geotechnical investigations, the soil samples in and around the property to know what kind of stormwater systems will work and what will not. So, I am happy to tell you that we can not only comply with the ordinance as we said, so, those who are concerned about flooding and stormwater, this is the only answer that is being proposed by anybody that help and fixing the problem. I will have to stop there, Madam Chairperson unless I have additional questions. Mr. Alcaraz: Can I go on with what you are getting to them. Mr. Nutter: Yes, sir. Mr. Alcaraz: So, the stormwater so you did borings. Mr. Nutter: Yes, sir. We did geotechnical work on the site, and they have looked at the soil types. They are very comfortable what we are proposing. That is why we even put in the proffer, I am getting some feedback, we would not put in proffer that we would increase the amount of stormwater by 10,000 cubic feet above what the city requirements will be. And, your own report says that will result in a significant benefit to the residents in the area. Mr. Alcaraz: What was the required. Mr. Nutter: The required amount is that we reduced the amount of flow off the property by 20% from what is going off today. So, we do that, as we have to meet that requirement period. What we have done, however, is not only that we are holding an additional 10,000 cubic feet of water on the site before releasing it. We are almost doubling the holding capacity on site on the property. Mr. Alcaraz: So, you are holding it. You are not treating it. 30 Mr. Nutter: We will treat it too. You have to treat it as well. But, you have to hold and treat it so then what is released is number one is treated, and it is released at a much, much slower lower volume, not just actually two different things it is released in a lower capacity, and it is reduced at a lower volume. So, it sounds less water coming off that site. Mr. Alcaraz: And, currently you have nothing on site. Mr. Nutter: There is currently nothing out there. Mr. Alcaraz: Thank you. Mr. Nutter: Yes, sir. Ms. Oliver: And, currently the water that is running off of this site is not being treated, is that correct. Mr. Nutter: That is correct. There is absolutely nothing on this site at all. Ms. Oliver: There is a couple things I had questions on. Can you speak to the setback on Pleasure House Road, please. Mr. Nutter: I would be happy to do so. In this case as your Staff points out and the reason why they did not oppose this request, and this request to by the way is not a variation, this is just as Mr. Tajan has said, this is part of it, he said PDH overlay so we get to set the standards. And, in this case, what happened is that we were asked to make a 5-foot dedication of property to for the city so when they come along and do road improvements as are proposed in 2024, that you will have sufficient right of way for sidewalks, road improvements, drainage and so forth. And, all of those are in your CIP program today. So, by the way, there will be a full sidewalk across the entire frontage of this property, I want everybody to know that. But the reason why Staff was supportive of this because one, we were dedicating property to the city to widen the road and under your ordinance you measure setbacks not from where the right of way is, but from where the reservation of the dedication line is. So, we are actually more than 10-feet away from the current right of way is. So, what we did, was we measured from where the actual roads are and there is a turn lane into the apartment complex we will have to build will be 27.8 feet from that turn lane and the through lane that people drive on every day will actually be 38.7-feet from that lane . So, 31 these numbers can be just deceiving sometimes, will be set back from what the public sees about 38-feet. Ms. Oliver: Thank you. Mr. Nutter: Yes, Ma'am. Ms. Oliver: Do we have any other questions? Yes, Ms. Klein. Mr. Nutter: Yes Ma'am. Ms. Klein: What is the expected rental increase on the new renovated properties. Mr. Nutter: It is going to vary and I am glad you brought that up because it will be about $100 to $125 a month increase. The benefit, though, is that the bulk of these building 12 of these buildings, remain the same. They get redone. But they are still small, the units are real small, and they still won't have washers and dryers in the units. So, what we can charge for those the bulk of those units as you can see, is to be much, much less than what is available in the marketplace. The higher rents are going to be in the newer apartments that have 9-foot ceilings, all the goodies and, but everybody gets to benefit by the amenity packages, everyone gets the benefit of that. But,what it means is, we will have two different tiers of rents in that complex, one for the new units which will be more expensive and ones for the older units, which will still be well under well under the market. In fact, the new units at The Pearl, at Marina Shores, which is the rent assures a one bedroom unit is $1790, a two bedroom unit is $2500 a month. We are well under market out here. Now this isn't on the water, but I would tell you look at them one by Franklin Johnston, they have already left. A beautiful project we did for them down at Diamond Springs Road. They are in the $1700, a month range and they have different variations with one with a den and so forth, but, basically about $1600 to about $2200 for one to two bedrooms. So, as you can see, if we increase rents are $100 to $125, we are still well under marketplace. Ms. Klein: So, for the older buildings that are being renovated, that is a $100 to $500 increase. Mr. Nutter: About $100 to $125 somewhere in that range. 32 Ms. Klein: 100 to 125. Mr. Nutter: Yes, Ma'am, somewhere in that range. And, so, but there will be at least much nicer, as well. Ms. Klein: And, how is that compared to the similar complexes in the area. Mr. Nutter: I do not know, Pleasure House has a lot of small complexes, I do not know if you have driven down there, but they have a lot of small apartment units with 6 units, 12 to 18 units and those kinds of things. So, I do not know what their rent ranges are, I just know that we have to do something to improve what we see and what we have, that is the biggest problem and how do you do that financially viable, take care of your tenants, and find out for their manner and stay within the city's traffic concerns and meet stormwater requirements and add on additional stormwater requirement that is about$100,000 extra they are paying just for that additional capacity. So, it adds up and like I said, but they have done everything you can see to keep rates as low as again, and to help clients. In fact, they are the only company I have ever seen, that is helping people pay to move out of their complex. Ms. Klein: Thank you. Mr. Nutter: Yes, Ma'am. Ms. Oliver: Mr. Graham. Mr. Graham: Thank you. Can you talk a little bit about the traffic impact. Mr. Nutter: Thank you. I would be happy to. Ric did a great job on the report by the way. Ric has a minimal base upon which, if you do not meet X number of capacity in a roadway, you do not have to do a traffic study. This was under that level, so, we did not have to do one. But, we went to Ric and said we would like to do one the neighborhood's going to want one. So, he said let us assume the following, because you are going to be well under anything you can do. He said let us assume that you are at a higher density, even though we lowered it to 435 units. He said we already knew 80% of the traffic coming out of Windsong goes directly to Shore Drive and 20% goes out the other way, for whatever reasons, wherever they are going. He said assume 100% go toward Shore Drive. So, do not give yourself any credit 33 or any traffic generation, by virtue of these there are storage units out there. So, do not take that into consideration. To make this as worst case scenario you could possibly have. And, we did that and what he found was that we would increase the timeline you would be at the intersection Shore Drive and Pleasure House about 1.9 seconds. So we ran, independent of that, we said let formula that at the 20% split with 411 units. And, yes, there are people out there using those storage units. And, it came out to 1.4 seconds delay there. And, that is why he said there is a measurable difference. There is no discernible difference in his report. In fact, his report even says, before we even there is additional capacity on this roadway to staying in the same level of service. We could add 3662 vehicle trips a day, more than what this complex has and still be within a capacity of the roadway. Ms. Oliver: Yeah. Mike do you have a question. Mr. Inman: Could you tell us what the timeframe is going to be for this development including the renovation of the existing ones that are going to remain. Mr. Nutter: Yes, sir. I think the plan was, if this is approved by Council and we go to Council next month, as you know, we would hope to have site plan approval in late summer of this year and look at maybe starting the renovations and demolition because some of the units have to be demolished. So, in those senses that we will start, probably in the latter part of that this time next year, if things go well. Mr. Inman: I mean, completing the entire apartments. Mr. Nutter: Completing the apartment. One of the detriments of not having your client right with you and my apologies, I am not sure I know the answer of that. 22 months from start to beginning because of the timeline. Mr. Inman: Okay. All right. And, as far as this two tiers rent program, I am just curious as to whether or not Bonaventure has done this in another community where they have had a mix of brand new and renovated. Mr. Nutter: This is Jeremy Moss. He is with Bonaventure. Mr. Inman: I recognize him. 34 Mr. Nutter: Oh, that is right. The question was has Bonaventure done any projects like this with, old and new components. Mr. Moss: Good afternoon Madam Chair. My name is Jeremy Moss from Bonaventure for the record, Mr. Inman we did a similar renovation at the Amber Apartments, which is on Volvo Parkway in Greenbrier right at the corner of Eden way. Very, very similar and that we took existing apartment buildings, renovated them from the inside out and added additional units. So,we have operated them on a two tiered approach as you described. You know what is interesting and I heard questions from Commissioner Klein in particular about the rents, our rents are changed every day as Mr. Nutter described, they are constrained somewhat by the unit size. So, as we talk about affordability of units we are really talking about here is a mix of units that is different than what you are going to find in a brand new apartment complex and that is part of the reason that we kept the buildings that we kept is to have that unit mix. I heard concerns about the haves and the have nots. And, I simply based on my experience in multifamily development, I do not think that that is going to happen here. We do not have such a varied difference in unit type, it is the same amenities, it is the same access to everything, it is simply the unit size and you would not know from going to the mailboxes whether you have a big unit or a little unit, whether you have a renovated unit when you are at the pool or whether you are at one of the newer units. So, yeah, I certainly appreciate and understand those concerns but I do not know that it is founded. Mr. Inman: Thank you. Last question I have for R.J. is about tree preservation, what are you doing on that. Mr. Nutter: Yes, sir. I will what tell you we did. We went out with actually one of the members the Civic League, and if the portion property where you see the single family home if you move to the left of that along there. There is a large, large stand of existing tall trees along there. Some of them are in this dedication area we are giving. But we found a large number of them and these are big trees, these are like 20-inch diameter trees and larger. We found about seven to eight of those can stay and our goal was to have when you look down Pleasure House Road to really see pretty much the same thing you are seeing with the exception of that one new building, which is three stories, and that is about where the Tranquility units as you may know Mr. Inman, are two and three-story units, mostly three-story units. So, just like them and, but to see this large stand of trees out there. And, that was 35 the goal of the tree preservation. Also they asked us to identify the tree preservation along Northampton Boulevard all of those trees along there you see the different colored lien, if you will, versus the old versus the new in the plan, those will be preserved as well. Mr. Inman: Yes, sir. Thank you. Ms. Oliver: Any more questions, Mr. Nutter. Yes, Jack. Mr. Wall: So, my question is what are the constraints of redeveloping this property of from what I have heard that and what I have understood over the years is that Shore Drive and Pleasure House Area is a fairly desirable area to live, the constraints of redeveloping it within the zoning that is existing. Mr. Nutter: Well, this has the strangest zoning I have ever seen on it today, it has a combination of R-10, R-7.5, A-12, and A-24. I am not sure the history of that by the way. But, I would tell you that we have kept the density as low as we can to be able to do with it that is why we have reduced it from our original application from 435 to 411. So, we have kept that as low as we could and we also kept the matter of new construction to a minimum and this as well to also keep down costs. Ms. Oliver: Anyone else. No, thank you Mr. Nutter. Mr. Nutter: Ma'am Chair, my pleasure. Ms. Oliver: All right, this hearing is now closed and we will open it up for discussion amongst the Commissioners. Mr. Redmond: Thank you, Madam Chairwoman. First off, I would like to thank everybody for being here today. I know it is been a long afternoon requiring a lot of patience and I appreciate folks taking time out of their workday to be here and those folks who joined us on WebEx and those who are watching us on VBTV. We do appreciate your participation. I want to correct a couple misrepresentations, because I think that is important. The site is not being rezone to A-36, I got dozens of emails telling me do not rezone this A-36, it is being rezone to a portion of which A-36 is less than half. So, let us start with that, it would be an A-28 site. The A-36 in fact would be pushed up against Northampton Boulevard where trucks rumble off the Chesapeake Bay Bridge tunnel, it is not a meandering country lane. It is one of the 36 largest and most industrial oriented roadways, certainly in Virginia Beach. So, and that is why those buildings are set that way, so, I think we have to look at that realistically and accurately. Pleasure House Road does not operate at a level of service E. Pleasure House Road operates level of service E in the evening peak hour, which is to say, rush hour. I do not know an intersection in Virginia Beach, which at rush hour is not crowded, in the entire United States that is not crowded, so, that ought not be a surprise. I think, but it ought to be represented accurately. It is not the case, manifestly not the case that a site that has never had stormwater control, and then get stormwater control to the very high standards that we set today. And, not only that but then a greater contribution on that, will be worse for stormwater than it was, than it is today. I mean that is just not, I mean, water is wet, the sky is blue. I can understand those things and I can understand that something that does not have anything but then it has much greater is going to be a contribution in that regard. So, I think there is all things that we have to keep in mind, they are as clear as the sun comes up tomorrow morning. Those are facts that we know. I think we have to keep in mind what Windsong is today, Windsong in my view is one rung on the ladder above blight. This is a very old, very rundown property with few amenities, if any. It is a site that is ripe for redevelopment, okay. This is not greenfield development,we are an infill development that is whatever a 15-acre parcel. You know that is pasture land or something. It is a very rough site in a very wonderful neighborhood, okay. But, it is proposed to be redeveloped and revitalized as a residential project. These projects in my mind are the least impactful use, drop a Home Depot on 15 acres. Drop a Target on 15 acres and see what traffic would be if something like that were proposed we would all freak out, it is not it is just a place where people live, and I will bet you, if this is successful, and it is constructed, we would hardly notice the impact on traffic, and the idea that little babies are going to be run over in the street because the traffic will be so giant an increase is just ludicrous, it is just made up. So, let us go back and start now, we have Windsong, it is one rung on the ladder in my view, above blight. What is proposed here is an improvement in a number of very substantial ways, it improves stormwater, it improves the community by virtue not just at the aesthetics, it looks a lot better than a whole bunch of stuff on Pleasure House Road. If you look at these renderings and you look at the design, it is a very high quality development, there is no question about it amenities and all. What then would be the objection to it, so far as I can tell when you sort through all those misrepresentations, I think that really is an issue with some folks is the density. But that is just a concept, what I want to know is what is the 37 impact of that, what is the significance of that. To hear the Staff tell it, the intersection we are speaking of Pleasure House Road and Shore Drive,well the intersection operates over capacity at a level of service E, in the evening peak hour. The additional apartment units will not result in a significant increase in vehicle delay or queuing. The engineering staff review the analysis and concur with the finding so it is not going to hurt traffic, says in the report does not have a significant impact on schools. It is not upon Pleasure House Road the A-36, it is back against Northhampton Boulevard which is not a bucolic meandering country road. So, I do not really see what the impact is that we should fear, but it greatly lifts up a very banged up old property and revitalizes a part of the city and very frankly we need way,way, way more of it in the city and we will see more of it, there is no question. And, it is the single best way we have of revitalizing the city of addressing stormwater and of lifting people up in various places. So, from a land use perspective, which is what we do here. We do not count up what rents are and whether or not people should pay more rent or that should pay less and from a land use perspective if we look at it from that point of view, I cannot get around that. I do not see what the negative impact is that would cause me to want to throw out those benefits which are clear and identifiable. So, we have been through and I have been to two Civic League meetings, I have had I don't know how many conversations on the telephone with these people. At the end of the day, you still get back to that calculation. And, it seems to be there are a lot more things lining up in the pro-column than line up in the con-column. So, I would argue that on balance. You know this is a fine project, I do not know anyone that is perfect. I do not know what they are keeping that little house for it, it just does not seem to make any sense to me. Be that is it may I am going to recommend that we that we recommend approval on this application, and I will certainly support it. Thank you. Ms. Oliver: Well, before I give it to Mike, I think, my understanding was and R.J. you can correct me if I am wrong about the little house just, so, that we have that on the list because I was going to bring that up with Mr. Nutter that it was asked by the Civic League not to tear it down so that the street when you went down it looked as it always had along with the trees and the house. Mr. Redmond: I am saying it is not perfect. I object that is the plan that they have proposed, but that looks to me like the spot zoning on this site right. It is a kind of thought thing that sticks out like what's weird about the site. 38 Ms. Oliver: But it was the developer agreed to keep the house there versus tearing it down, so, that when everybody went down Pleasure House Road it continued to look as it was originally. Mr. Nutter: We are keeping the zoning on that R-7.5 as well. Ms. Oliver: Mr. Inman. Mr. Inman: I agree with what Dave has said overall I want to emphasize a couple points. First of all, I got to say to you that we have tremendous amount of staff analysis, we have staff and analysis of reports generated by the applicant, that they have reviewed and found acceptable and valid. We need to rely on that we have heard some of the opponents to indicate that they do not think they are valid, but I understand maybe they do not, but I want to rely on what we know from our staff. And, unless proven wrong by someone and the stormwater aspect of it is so important to the city and the stormwater requirements, that we have in the city now are very, very strenuous, very difficult to achieve and expensive, and we should be so happy that we have a developer who is going to come in and take a site that is got a lot of impervious surface and manage it. From a stormwater standpoint it is going to be very expensive to do that, no matter what happens to this property in terms of redevelopment that is going to be a component of it and it is expensive to do. This project is in need of renovation for sure, I do not think anybody disagrees with that, or everybody agrees on that. The aesthetics that are being achieved by the renovation is a benefit to community, generally and to the Chicks Beach community for sure. The last thing I think is that the affordable housing aspect, we critically need affordable housing in Virginia Beach, I think that this provides a level of affordable housing that is important. It may not be the most affordable housing in Virginia Beach, but it is going to be quality affordable housing in that category. And, I think this developer has gone a long way to work with the community, work with the Chicks Beach community, and work with the Staff to achieve what I would hope to be a big plus for the area. Thanks. Ms. Oliver: Mr. Weiner. Mr. Weiner: So, I agree with Mr. Inman and Mr. Redmond. I have known about this for a while and I think it is been up for a while in that timeframe, but one of the biggest things that has stuck with me when this first came out, is kind of the only thing we should be thinking about is an apartment complex with 139 39 units, because this existing ones been there for so long now. And, another thing we need to think about in the City of Virginia Beach is really no new places to build,we have to redevelop, and this is a perfect spot to redevelop, they are going to fix up the old place and build new. When it comes to drainage and water, what has to be done with this is beyond us, I mean this is all state regulated, all the new conditions that need to be done, and it need to be followed. It is superb, but it is not just going to help this place, it is going to help out Chicks Beach. And, I know it is hard to understand that and I am sure a lot of you do understand that but it is in the future, I think things are going to get better. I am going to keep this short but I am going to support this also. Ms. Oliver: Go, ahead. Mr. Graham. Mr. Graham: Okay. The stormwater regulations that that changed in July of 2014 are very strict. And, to see that this developers not only meet what he has to do or they have to do the new stormwater. They have to abide by the new stormwater regulations but to go even beyond that with water quality and water quantity. I think it is a big plus for the community. And, I really appreciate and I understand the community's concerns, but I just do not agree with them, I have lived in Virginia Beach most of my life and I love that area over there and I tell you this apartment community is in need of renovation. And, this is a very attractive project. It really is. And, to know that it is going to take care of stormwater regulations, beyond the regulations and they have proffer number two, it caps the number of units that they can have at 411, so, I know that there is concern about that but they are proffering that. So, I am going to support this project, things evolve and you want them to evolve and this is a good project for the community and for the city, so anyway, I am going to support this. Ms. Oliver: Ms. Klein. Ms. Klein: I agree that the complex is in desperate need of renovation and that the current plan is very attractive, I hear the concerns of the Civic League residents regarding traffic and density and also noted that none of those are in favor of our neighbors. My greatest concerns are those shared by the pastor, I know the difference of $100 per month increase in expenses can make on a monthly budget. I appreciate Bonaventure efforts to assist with the wellbeing of their tenants including their partnership with Catholic Charities. However I am a social worker also on a nonprofit salary. I 40 engage with clients who do not have the luxury of choices and I remain concerned about those residents for that reason I plan to vote against. Ms. Oliver: Mr. Wall. Mr. Wall: I think that the members of the Civic League in the opposition were very well spoken. They had very solid and very sound arguments. Concerning existing zoning and I really appreciate that they pointed out that piece right out of our zoning ordinance concerning A-24 and in the A-36 zoning. But, I think that this development and the density, it helps justify updating and modernizing existing and ageing apartment buildings. I think that the architecture is very sound, very desirable. And, I think it can add value to the community. So, also the traffic, I know traffic was an issue and it is an issue. I know that you know the heavily traffic corridor of Shore Drive can be a challenge to navigate through, but I think that the analysis that was down was acceptable. I do not see it necessarily setting a precedence but if it does then maybe it is not such a bad precedent that it sets and the redevelopment of complex. So, I am in favor and aye vote. Ms. Oliver: Anyone else. All right, well, I want to reiterate what Commissioner Redmond said, I just really appreciate all the time and effort and all of you all coming down and spending your day here, we have been here for quite some time and we are all not even through yet. And, we always appreciate and want to hear everybody's voices and, so, I do believe that we have a motion from Commissioner Redmond. Mr. Inman: No, not yet. Ms. Oliver: Oh, I am sorry I thought you did at the very beginning. I apologize. Mr. Inman go right ahead. Mr. Inman: I want to point out that Mr. Redmond did not make a motion, so, I will make a motion to approve the application. Mr. Redmond: Second. Ms. Oliver: So, we have a motion by Mr. Inman, seconded by Commissioner Redmond, and I will call for a question please. Ms. Garrido: Commissioner Alcaraz. 41 Mr. Alcaraz: Aye. Ms. Garrido: Commissioner Barnes. Commissioner Barnes is absent. Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Garrido: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Garrido: Commissioner Klein. Ms. Klein: Ney. Ms. Garrido: Commissioner Redmond. Mr. Redmond: Aye. Ms. Garrido: Commissioner Wall. Mr. Wall: Aye. Ms. Garrido: Commissioner Weiner. Mr. Weiner: Aye. Ms. Garrido: Commissioner Oliver. Ms. Oliver: Aye. Ms. Garrido: By a recorded a vote of seven to one item number 7 has been approved. 42 AYE7 NAY1 ABSO ABSENT3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein NAY 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 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: The Property, when redeveloped, shall be constructed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Windsong Apartments, Concept Site Plan" and dated October 2, 2020 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 2: The number of multifamily residential units located on the Property, when redeveloped, shall not exceed a total of four hundred eleven (411). Proffer 3: The architectural design and quality of materials of the multifamily residential buildings constructed on the Property, when redeveloped, shall be in substantial conformity with the four-page exhibit prepared by J Price Architecture, entitled "Windsong Apartments, Conceptual Elevations" and dated August 29, 2019 and September 17, 2018 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 43 Proffer 4: The architectural design and quality of materials of the exterior recreational and clubhouse amenities, when redeveloped, shall be in substantial conformity with the exhibits entitled "Windsong Apartments, Pool Concept Sketch Plan" and dated October 3, 2019 (the "Windsong Amenities"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 5: The landscaping to be installed on the Property when redeveloped shall be substantially as shown on the "Concept Plan" referred to in Proffer No. 1. Proffer 6: The regulations for the R-7.5, A-24 and A-36 zoning districts shall apply except for the following changes: A-24 Minimum side yard setback — 10 feet, except adjacent to Pleasure House Road where setback is 5 feet Maximum height for structures — 52 feet Minimum parking spaces required — 2.15 per unit Parking spaces shall be shared with A-36 zoned property Maximum lot coverage of 70% A-36 Minimum side and rear yard setback — 10 feet Minimum lot width — 125' Minimum parking spaces required — 1.19 per unit— Parking spaces shall be shared with A-24 zoned property Proffer 7: In addition to meeting the required stormwater requirements for the Property when it is redeveloped, Grantor shall provide an additional 10,000 cubic feet of storage capacity beyond the City's minimum requirements. Proffer 8: A lighting plan for the exterior portions of the Property when redeveloped shall be provided as part of the final site plan submittal. All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. 44 Proffer 9: Any trash compactors located on the Property when redeveloped shall be screened in accordance with the Virginia Beach Landscaping Guide. Proffer 10: 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 finds the proffers acceptable as they provide a high level of predictability related to the ultimate site layout, vehicular ingress/egress, landscaping, building architecture and exterior building materials. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 45 BONAVENTURE MEMORANDUM To: City of Virginia Beach Planning Staff From: Jeremy R. Moss, Esq., Vice President of Investments Date: December 9, 2020 Re: Parking Analysis - Redevelopment of Windsong Apartments On behalf of Collier& Associates, L.P. (Applicant and Owner), we offer the following information to supplement the application for Conditional Rezoning related to the Windsong Apartments.' The concept plan submitted with the Conditional Rezoning application provides 695 parking spaces (including 30 carport or covered spaces), an amount we have found to be more than sufficient for residential use. In response to discussions with Planning Staff and comments raised previously by citizens, we performed a parking study of similar Bonaventure-owned and managed properties within Hampton Roads. In order to maximize the number of spaces in use during our parking study, parking counts were performed at 10PM on a weeknight in the month of June at the following properties (selected as comparables to Windsong): Promenade Pointe (Norfolk, VA) Infinity (Virginia Beach, VA) Pinnacle (Hampton, VA) Aura at Quarterpath (Williamsburg, VA) Windsong - Current (Virginia Beach, VA) Comparable developments were carefully selected to ensure sufficient similarities with Windsong. These apartment communities consist of low to mid-rise buildings (three or four stories), surface parking lots, and are located in suburban settings without mass transit. Properties are at least half a mile from public transportation (Windsong is 0.8 miles from public transportation) and no less than 0.7 miles from retail (Windsong is 0.8 miles from retail). 2352, 2348, &4701 Windway Lane; 4753 Birdsong Lane; 2336 &2324 Pleasure House Road; GPIN(s): 1479498223, 1479592736, 1479590821, 1479499651, 1479592334, 1479582958, 1479498479) 1 Document Prepared By: Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT is made as of this 12`h day of October, 2020, by and between COLLIER & ASSOCIATES, L.P., a Virginia limited partnership, to be indexed as grantor); 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). WITN ESSETH: WHEREAS, the Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia known as Windsong Apartments located at 2352 Windway Lane together with contiguous parcels whose GPIN Nos. are as follows 1479-59-2736-0000, 1479-59-2334-0000, 1479-59- 0821-0000, 1479-58-2958-0000, 1479-49-8223-0000, 1479-49-9651 and 1479-49-8478 and which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, Grantor is the current owner and proposed developer of the property more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B. and WHEREAS, the Grantor has 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 A-18, R-7.5, R-10 and A-24 to Conditional R-7.5,A-24, A-36 and PDH-2. 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. The Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the 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 A-36 are needed to cope with the situation to which the Grantor's' rezoning application gives rise; and WHEREAS, the Grantor has 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 R-7.5, A-24, A-36, and PDH-2 zoning districts 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 amendment to the new GPIN NOS.:1479-59-2736-0000 1479-59-2334-0000 1479-59-0821-0000 1479-58-2958-0000 1479-49-8223-0000 1479-49-9651-0000 1479-49-8478-0000 Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor 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 Grantor, for itself, its 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 covenant and agree 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 Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. The Property, when redeveloped, shall be constructed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Windsong Apartments, Concept Site Plan" and dated October 2, 2020 (the"Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The number of multifamily residential units located on the Property, when redeveloped, shall not exceed a total of four hundred eleven(411). 3. The architectural design and quality of materials of the multifamily residential buildings constructed on the Property, when redeveloped, shall be in substantial conformity with the four-page exhibit prepared by J Price Architecture, entitled "Windsong Apartments, Conceptual Elevations" and dated August 29, 2019 and September 17, 2018 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The architectural design and quality of materials of the exterior recreational and clubhouse amenities, when redeveloped, shall be in substantial conformity with the exhibits entitled "Windsong Apartments, Pool Concept Sketch Plan" and dated October 3, 2019 (the "Windsong Amenities"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. The landscaping to be installed on the Property when redeveloped shall be substantially as shown on the "Concept Plan" referred to in Proffer No. 1. 2 6. The regulations for the R-7.5, A-24 and A-36 zoning districts shall apply except for the following changes: A-24 Minimum side yard setback — 10 feet except adjacent to Pleasure House Road where setback is 5 feet Maximum height for structures—52 feet Minimum parking spaces required—2.15 per unit Parking spaces shall be shared with A-36 property Maximum lot coverage of 70% A-36 Minimum side and rear yard setback— 10 feet Minimum lot width— 125' Minimum parking spaces required— 1.19 per unit-Parking spaces shall be shared with A- 24 property 7. In addition to meeting the required stormwater requirements for the Property when it is redeveloped, Grantor shall provide an additional 10,000 cubic feet of storage capacity beyond the City's minimum requirements. 8. A lighting plan for the exterior portions of the Property when redeveloped shall be provided as part of the final site plan submittal. All exterior lighting shall be directed down and inward toward the property and away from adjacent properties. 9. Any trash compactors located on the Property when redeveloped shall be screened in accordance with the Virginia Beach Landscaping Guide. 10. 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. 11. 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 3 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. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the"Grantors" under this Agreement,and Owner shall have no further rights or obligations of a"Grantor"under this Agreement. [Remainder of page intentionally left blank. Signature pages to follow.] 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: COLLIER& ASSOCIATES, L.P. a Virginia partnership B • Name: D ht D. Dunton III Title: Manager of the General Partner COMMONWEALTH/STATE OF V CITY/COUNTY OF 1\kColvid o, , to-wit: The foregoing instrument was acknowledged before me this (9 day of Cottkj. 2018, by 1 1)111..* 1. , who is personally known to me or has produced ckri t..t1 ltccA1A4. as identification, in his/her capacity as Ma.r e tr p efp of Collier& Associates, L.P., on behalf of the company. e4 nn �JG Notary Public My Commission Expires: JA1i 31 ,2.021 Registration No. 7511(02_� [NOTARIAL SEAL/STAMP] CAMILLE MARGARETA CHAPMAN NOTARY PUBLIC REG.#7597622 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2024 5 Exhibit A Legal Description 35462996 6 File No: 091060932 EXHIBIT "A" PARCEL ONE All that certain tract,piece or parcel of land located in the formerly Bayside Borough now Bayside District,Virginia Beach, Virginia described as follows: BEGINNING at a pin in the Northern line of North Greenwell Road(50'r/w and formerly Lakeview Drive)and the property herein conveyed;said pin being distant 505.83'along a bearing of N 88° 36' 01"E from the Northeast corner of the intersection of North Greenwell Road(formerly Lakeside Dr.)and Pleasure House Road; thence from said pin in a northerly direction N 01° 23' 59" W 174.89'to a pin; thence in a Westerly direction S 89° 15' 52" W 34.72'to a pin; thence Northerly N 02° 14'08" W 92.23'to a pin;thence in a Northerly direction N 15°08' 30"E 18.44'to a pin; thence Westerly along a bearing of N 74°51'30"W a distance of 234.47'to a pin; thence North 15° 08'30"E 322.06'to a point; thence Westerly along a bearing of N 74° 51'30"W a distance of 139.70'to point in the Eastern line of Pleasure House Road; thence Northerly along the Eastern line of said Pleasure House Road,N 15° 08'30" E 60.00' to a point;thence turning Easterly S 74° 51'30"E 214.50'to a point; thence N 15°08'30" E 126.00'to a pin;thence turning and running Westerly along a bearing of N 74° 51'30" W a distance of 199.50'to a pin in the Eastern line of Pleasure House Road; thence Northerly along the Eastern line of Pleasure House Road N 15°08'30" E 300.13'to a pin; thence turning Easterly along a bearing of S 74° 51'30" E 220.50' to a pin;thence Northerly N 15°08'30"E 112.60'to a pin in the Southern line of Powell's Point Road(50' r/w); thence along the Southern line of Powell's Point Road in an easterly direction S 74° 54'05" E 156.60'to the terminus of said road being its intersection with the Western line of Northampton Boulevard-Route 13 -(Chesapeake Bay Bridge Tunnel District); thence Southeasterly along the Western line of Northampton Boulevard, along a curve to the left,having a radius of 3,919.72'and a length of 624.29'to a highway monument(being the point of tangent); thence continuing along the Western line of Northampton Boulevard S 17° 58'32" E 449.00'to a highway monument; said point being the intersection of the Western line of Northampton Boulevard and the Western line of Center Avenue (undeveloped); thence in a Southerly direction along the Western line of the Center Avenue S 01° 23' 59" E 122.56' to a point in the Northern line of North Greenwell Road(formerly Lakeside Avenue);thence Westerly along the northern line of North Greenwell Road(formerly Lakeside Avenue)S 88° 36'01"W a distance of 506.46' to a pin,the point of beginning; Said parcel contains 13.6951 acres as shown and delineated on that certain plat entitled"PLAT SHOWING A PART OF PROPERTY OF CLYDE L. COLLIER,BAYSIDE BOROUGH, VIRGINIA BEACH,VIRGINIA",which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 117, at page 33, to which plat reference is hereby made for a delineation of the described property. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF PLEASURE HOUSE ROAD AND GREEN WELL ROAD, TI IENCE N 88°36'O 1" E, 505.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°23'59"WEST A DISTANCE OF 267.28 FEET; THENCE SOUTH 89°03'05"WEST A DISTANCE OF 36.05 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 18.39 FEET; THENCE NORTH 74°51'30"WEST A DISTANCE OF 234.47 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 322.06 FEET; Page 2 File No: 091060932 EXHIBIT"A" (Continued) THENCE NORTH 74°51'30" WEST A DISTANCE OF 139.70 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 60.00 FEET; THENCE SOUTH 74°51'30" EAST A DISTANCE OF 214.50 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 126.00 FEET; THENCE NORTH 74°51'30" WEST A DISTANCE OF 199.50 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 300.13 FEET; THENCE SOUTH 74°51'30" EAST A DISTANCE OF 220.50 FEET; THENCE NORTH 15°08'30" EAST A DISTANCE OF 112.60 FEET; THENCE SOUTH 74°54'05" EAST A DISTANCE OF 156.00 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH A RADIUS OF 3,919.72', WITH AN ARC LENGTH OF 624.29', WITH A CHORD BEARING OF SOUTH 13°27'41"EAST, WITH A CHORD LENGTH OF 623.63',; THENCE SOUTH 17°58'21" EAST A DISTANCE OF 449.29 FEET; THENCE SOUTH 01°23'59" EAST A DISTANCE OF 122.56 FEET; THENCE SOUTH 88°36'O1" WEST A DISTANCE OF 506.46 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 593,135 S.F./13.617 ACRES PARCEL TWO All that certain lot,piece or parcel of land designated as "Parcel D, Area=0.226"as shown and delineated on that certain plat entitled, "Plat Showing a Part of Property of Clyde L. Collier, Bayside Borough, Virginia Beach, Virginia,"which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 117, at page 33, to which plat reference is hereby made for a more particular description of the property conveyed hereby. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY OF PLEASURE HOUSE ROAD; THENCE NORTH 15°08'30" EAST A DISTANCE OF 70.50 FEET; THENCE SOUTH 74°51'30" EAST A DISTANCE OF 139.70 FEET; THENCE SOUTH 15°08'30" WEST A DISTANCE OF 70.50 FEET; THENCE NORTH 74°51'30"WEST A DISTANCE OF 139.70 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 9,849 S.F./0.226 ACRES PARCEL THREE All that certain piece or parcel of land located in Princess Anne County, Virginia,near Beechwood Station of the Norfolk Southern Railroad,described as follows: BEGINNING at a point on the eastern side of Pleasure House Road Five Hundred Ninety Eight and Page 3 File No: 091060932 EXHIBIT"A"(Continued) Six-Tenths(598.6) feet south of the southeast intersection of Lake Point Road and Pleasure House Road as shown on plat of property of Al T. Lewis and Winifred H. Lewis, situate near Chesapeake Beach,and made by P.F. Muller, C.E.,on October 30, 1942,and recorded in the C lerk's Office of the Circuit Court of said County in Map Book 1942, and recorded in the Clerk's Office of the Circuit Court of said County in Map Book 14,at page 18,and extending thence in a southerly direction along the eastern side of Pleasure House Road a distance of seventy and one-half(70.5) feet to a point on the eastern side of Pleasure House Road; thence extending in an easterly direction,perpendicular to Pleasure H ouse Road, a distance of one hundred fifty-nine and one-half(159.5)feet to the point of beginning on the eastern side of Pleasure House Road; save and except an easement over the strip of land twenty(20) feet wide indicated on said plat by the dotted line from Point A to Point B along the eastern line of Pleasure House Road,which strip of land has been dedicated(by deed dated the 21 st day of August, 1944,and recorded in Deed Book 224, Page 225, from Al T. Lewis, et ux,to Gaston G. Bennett)to the public for highway purposes whenever the State of Virginia of the County of Princess Anne may elect to improve the same for highway purposes. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY OF PLEASURE HOUSE ROAD; THENCE NORTH 15°08'30" EAST A DISTANCE OF 70.50 FEET; THENCE SOUTH 74°51'30"EAST A DISTANCE OF 139.50 FEET; THENCE SOUTH 15°08'30"WEST A DISTANCE OF 70.50 FEET; THENCE NORTH 74°51'30" WEST A DISTANCE OF 139.50 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 9,835 S.F./0.226 ACRES PARCEL FOUR ALL THAT certain piece or parcel of land situated in the City of Virginia Beach,Virginia, (formerly Kempsville Magisterial District of the County of Princess Anne),near Beechwood Station of the Norfolk Southern Railroad,described as follows: BEGINNING at a point in the eastern right-of-way of Pleasure House Road 790.57'north of the intersection of the right-of-way of Pleasure House Road and North Greenwell Road; thence turning and running N 74 degrees 51'30" W a distance of 214.50' to a point; thence turning and running S 15 degrees 8'30" W a distance of 126.00' to a point; thence turning and running N 74 degrees 51' 30" W a distance of 214.50' to a point; thence turning and running along the eastern right-of-way of Pleasure House Road S 15 degrees 8' 30" W a distance of 126.00'to the point of beginning, as shown on a physical survey entitled "PHYSICAL SURVEY OF#2340 PLEASURE HOUSE ROAD FOR KEITH B. DAVIDS",made by John E. Sirine and Associates,Ltd.,dated October 14, 1992, a copy of which survey is recorded in Deed Book 3152 at page 1841. THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY OF PLEASURE HOUSE ROAD; THENCE NORTH 15°08'30" EAST A DISTANCE OF 126.00 FEET; Page 4 File No: 091060932 EXHIBIT"A" (Continued) THENCE SOUTH 74°51'30"EAST A DISTANCE OF 15.00 FEET; THENCE SOUTH 74°51'30"EAST A DISTANCE OF 199.50 FEET; THENCE SOUTH 15°08'30"WEST A DISTANCE OF 126.00 FEET; THENCE NORTH 74°51'30"WEST A DISTANCE OF 214.50 FEET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 27,027 S.F./0.620 ACRES Page 5 The results of the parking study are copied below for reference: Parking Per Occupied Per Total Units Units Occupancy Spaces Unit Parking Unit Parking Occupied Property Occupied Ratio Ratio Promenade Pointe (Norfolk, VA) 183 96.20% 176 211 1.20 1.15 Infinity(Virginia Beach,VA) 236 92.80% 219 287 1.31 1.22 Pinnacle (Hampton,VA) 296 88.50% 262 306 1.17 1.03 Aura at Quarterpath (Williamsburg,VA) 228 93.00% 212 256 1.21 1.12 Windsong-Current(Virginia Beach,VA) 272 94.90% 259 318 1.23 1.17 The parking study confirmed anecdotal information previously provided. First, the gross demand for parking at the existing Windsong Apartments equates to a 1.17 parking space per unit ratio. The study confirmed this ratio to be consistent with similarly situated, Bonaventure-owned apartment communities throughout Hampton Roads, which showed the demand to be between 1.03 to 1.22 parking spaces per unit. The application includes a proffered parking ratio of 1.69 parking spaces per unit, a ratio in excess of the historical parking use experienced by similar properties within the Bonaventure portfolio and permitted by the PD-H2 overlay. 2 Hoa N. Dao From: Planning Administration Sent: Wednesday,January 29, 2020 11:20 AM To: William R. Landfair Subject: FW: I Support the Rezoning of Windsong Apartments Bill, See letter of support for Windsong Apartments below. Received in the Planning Administration inbox on Wednesday, January 29, 2020. ABMarchelle L. Coleman, City Planner II City of Virginia Beach Virginia Beach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbaov.com From: Daniel McNamara <dmac555@vt.edu> Sent: Wednesday,January 29, 2020 10:39 AM To: dredmondvbpc@icloud.com Subject: I Support the Rezoning of Windsong Apartments Hello David, My name is Dan McNamara and I am a current resident (renter) in Chic's Beach. I saw some posts on social media of the rezoning of Windsong apartments to A-36 and thought I should mention I support the rezoning. There are very few high-density or high-end apartment options in the area. Creating more apartment options and more people in the area is attractive to renters and businesses who love this area. Not to mention, my sister and parents both own properties in the area and I believe this could only increase property value. I do not believe Virginia Beach has been typically attractive for businesses to invest in with the apparent resident opposition to development. Virginia Beach will need to adapt as many of our own (as I have seen growing up here) love the area, but to another city hub for job opportunities. I support high density developments,for this area at least, and believe it is a necessary policy change for Virginia Beach to grow. Thank you, Dan McNamara 484-655-2555 1 Hoa N. Dao From: Nutter, R.J. <rj.nutter@troutman.com> Sent: Tuesday, December 8, 2020 11:15 AM To: Hoa N. Dao Subject: FW: Email Support of Windsong Apartments CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hoa, Please see the attached email in support of the Windsong Apartment application. Thank you for sharing this with the PC members. R. J. R.J. Nutter Partner troutman pepper Direct: 757.687.7502 Internal: 17-7502 rj.nutter@troutman.com From:Alma Marie White<almamariewhite@gmail.com> Sent:Tuesday, December 8, 2020 8:38 AM Subject: Re: Email Support of Windsong Apartments Windsong renovation support message As a Chesapeake Beach homeowner & resident since the nineties, neighborhood improvements take precedence. I am quite familiar with Windsong Apartments. They were built in 1970, are extremely dated and in dire need of current city codes and a storm management system. This renovation is welcomed by neighbors needing to downsize but want to stay at Chesapeake Beach. Additionally, as a real estate agent, I fail to see any realistic or logical opposition to community and property value improvements, especially from our neighbors. Thank you for your time and attention to this crucial need in our community. 1 Alma Marie White Signature Realty Select almamariewhite@gmail.com 757-650-6186 2 HARVEY LINDSAY COMMERCIAL REAL ESTATE December 3,2020 Dee Oliver,Chairwoman Virginia Beach Planning Commission Municipal Center Virginia Beach,Virginia Re: Windsong Apartments Dear Ms. Oliver and Planning Commissioners: We are the property manager for the recently renovated Chic's Beach Shopping Center at the southwest corner of Pleasure House Road and Shore Drive. This property is anchored by the Aldi grocery store. We understand that the Windsong Apartments are to be renovated and modernized with a huge capital investment. This would be an excellent augmentation to all the capital improvements taking place in this 'icinity of the Shore Drive corridor. We strongly endorse this enhancement to the residential neighborhood and commercial establishments along Pleasure House Rd. Thank you for your attention. Very truly yours, L%ir Sherry M. H Senior Vice President-Property Manager INTEGRITY, STRENGTH AND SERVICE,Every Day for Over Half a Century. 999 Waterside Drive Suite 1400 Norfolk,Virginia 23510 757.640.8700 www.harveylindsay.com Hoa N. Dao From: Mark Hudgins <markh.vmt@gmail.com> Sent: Tuesday, December 8, 2020 2:46 PM To: Hoa N. Dao Subject: Windsong Apartment Revitalization CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Dao, I am writing this email to you in support of the Windsong Apartment Revitalization which I understand is under consideration this afternoon by the Virginia Beach Planning Commission. Thank you so much for your kind consideration of this effort. Mark Hudgins 5336 Bramcote Place Virginia Beach,VA 23455 Mark Hudgins Executive Director Virginia Musical Theatre markh.vmt@gmail.com/(757) 340-5446 i Hoa N. Dao From: James Steinberg <jfs@billandolga.com> Sent: Tuesday, December 8, 2020 2:49 PM To: Hoa N. Dao Subject: WindSong Apartments This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Dao: I'm writing to advocate for the revitalization of WindSong apartments on Pleasure House Road. I have been a resident of Chicks Beach for 24 years (my address is 4637 Guam Street). Winding needs to be upgraded/revitalized and brought up to code. This will be a good thing for property owners in the area such as myself. It will be good for the neighborhood, area businesses, and restaurants. Please consider this proposal as a positive for all parties (residents, property owners, businesses, restaurants, etc.).Thank you for your consideration. Sincerely, Jim Steinberg Chicks Beah resident 1 Hoa N. Dao From: larry <larry@premium-ppe.com> Sent: Tuesday, December 8, 2020 3:53 PM To: Hoa N. Dao Subject: Windsong CAU1 ION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr Dao.. Please let this email serve as my 100% backing for the Windsong Apartment project off Pleasure House rd. I have been a homeowner in the church point neighborhood (23455)for 16 years and have my office on Northampton Blvd in the 23455 zip code as well. I welcome the project Bonaventure is proposing and I am excited to see them grow and improve the current property which is outdated and somewhat of an eyesore. Its great to see a group put such money and effort into a property that will benefit not only the citizens of vb but the city itself... You may reach me at this email or you may call me at 757 717 1997 if you would like any further feedback!I. Looking forward to Bonaventure breaking ground soon on this well planned out, excellent project! Larry Buckman Sent from my T-Mobile 4G LTE Device 1 Hoa N. Dao From: Michael LoCash <mlocash@yahoo.com> Sent: Tuesday, December 8, 2020 4:44 PM To: Hoa N. Dao Subject: windsong apts CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, I am a current resident of the Chesapeake Beach community and have been for over 25 years. My primary residency is there along with a rental that I own in the immediate area. After being told about the revitalization of the Windsong Apartments I was impressed in the project. As the community housing has aged so has the apartments. This project should add value to the surrounding real-estate and provide longer term neighbors to our community. Sincerely Michael LoCash 4605 Ocean View Ave VA Beach, Va 23455 757-615-7544 1 Hoa N. Dao From: Sandra Canada <sandracanada@cox.net> Sent: Tuesday, December 8, 2020 4:51 PM To: Hoa N. Dao Subject: Windsong Appartments Support Email to Planning Commission Importance: High CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Virginia Beach Planning Commission Members, I strongly encourage you to please support the Windsong Apartments revitalization project. I believe this will be of great benefit to local businesses and to the Chic's Beach & Shore Drive area. The new apartments will be an asset to Virginia Beach. Thank you, Sandra Canada Canada & Assoc. P.O. Box 1715 Va. Beach, Va. 23451 757-344-8518 1 Hoa N. Dao From: Karen Laidler <kllaidler1949@gmail.com> Sent: Tuesday, December 8, 2020 4:56 PM To: Hoa N. Dao Subject: Windsong Apts CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Dao My name is Karen Laidler 1949 Charla Lee Lane 757 971 1918 I support the revitalization program for Windsong Apts. I believe it will bring positive improvements to the area while helping to increase property values. As well as an increased tax base to the city! Thanks Karen 1 Hoa N. Dao From: jcarter@marketingnsight.com Sent: Tuesday, December 8, 2020 4:59 PM To: Hoa N. Dao Subject: Windsong Apartments CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, As a lifelong resident of Virginia Beach and current resident in the 23455 area, I would like to extend my personal support to the Windsong Apartments project. As a small business owner, former PTA President and home owners association President, I recognize the importance of encouraging Virginia Beach citizens and leadership to embrace and support projects like Windsong that will yield economic and quality of life benefits for many businesses and residents. Your support of this project is appreciated.Thank you. Respectfully submitted, Janet Carter Founder and Owner Marketing nSight, LLC 1109 Lady Ginger Ln. Virginia Beach, VA 23455 757.285.3888 Hoa N. Dao From: Leta Sharkey <Isharkeylaugle@gmail.com> Sent: Tuesday, December 8, 2020 5:05 PM To: Hoa N. Dao Subject: Windsong Apt revitalization CAU I ION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir: Please accept this email in support of Windsong Apt revitalization. VA Beach is now being recognized as a top place to live and work. As such we need to maintain our community. Your support is greatly appreciated. Sincerely, Jeff and Leta Laugle 1209 Course View Cir,Virginia Beach, VA 23455 1 Hoa N. Dao From: Eric Owens <eowens198@gmail.com> Sent: Tuesday, December 8, 2020 5:38 PM To: Hoa N. Dao Subject: Windsong CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, I am active duty military and live at Windsong. I have seen the plans to revitalize the apartments and urge you to support the project. Thank you, Eric Owens 4705 Windshore Dr Sent from my iPhone Hoa N. Dao From: Vicki Battaglia <vickibattaglia8@gmail.com> Sent: Tuesday, December 8, 2020 6:09 PM To: Hoa N. Dao Subject: Fwd: Revitilazion of Windsong Apt CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forwarded message From:Vicki Battaglia<vickibattaglia8@gmail.com> Date:Tue, Dec 8, 2020 at 5:00 PM Subject: Revitilazion of Windsong Apt To: <Mr.Dao@vbgov.com> I'd like to inform you that I support the revitalization of Windsong Apts. I grew up in this area, my dad used to live one block away. I presently live in Lake Shores,w my mom across the street; we're both homeowners and "same zip code". We love this area! Mom and I have been discussing"downsizing"; so this project is exciting for us when considering low maintenance to the apt and no lawn care!. Also, she can keep her same doctors,the same grocery stores and same routine. I'm looking forward to the upgrades! Maybe? "Senior Living" . Thank you, Vicki Battaglia, 1725 Meredith Rd. VB 23455 (757)286-5151 1 Hoa N. Dao From: Linda <warnermpw@aol.com> Sent: Monday, November 30, 2020 1:19 PM To: Hoa N. Dao Cc: secretary@cxbcivicleague.org Subject: Rezoning Pleasure House Rd Windway Lane CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Dao I am a Chesapeake Beach business owner. I oppose the request to increase density and rezone Windsong Apartment on Pleasure House Rd to A-36. The increase of traffic on Pleasure House Rd., the traffic light at the WaWa is back up very morning and evening with the current conditions. I agree with the civil league we do not need the additional housing and traffic in the area. M. Paul Warner warnermpw@aol.com 757-636-0567 1 Hoa N. Dao From: Planning Administration Sent: Thursday, January 2, 2020 2:07 PM To: William R. Landfair Subject: FW: Rezoning Windsong Apartments Bill, Here is an email of opposition for Windsong apartments. Received in the Planning Administration inbox today. 11/4B Marchelle L. Coleman, City Planner II City of Virginia Beach Virginia Beach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbaov.com From: Kelly Noll<nollkelly@ymail.com> Sent:Thursday,January 2, 2020 12:32 PM To: dredmondvbpc@icloud.com;Aaron R. Rouse <ARouse@vbgov.com>;James L. Wood<JLWood@vbgov.com>; Louis R.Jones<LRJones@vbgov.com>; Rosemary C. Wilson <RCWilson@vbgov.com> Cc: secretary@cxbcivicleague.org Subject: Rezoning Windsong Apartments CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Kelly Noll and I am a Chesapeake Beach homeowner. I oppose the request to increase density and rezone Windsong Apartments on Pleasure House Rd to A-36. Thank you Kelly Noll Sent from i,'id,! for Windows 10 1 Hoa N. Dao From: Planning Administration Sent: Tuesday, December 10, 2019 10:30 AM To: William R. Landfair Subject: FW:Windsong Apartments rezoning issue Bill, Here's another letter of opposition for Windgsong Apartments. Received in the Planning Administration inbox, today, 12/10/2019 at 10:25 a.m. NBMarchelle L. Coleman, City Planner II City of Virginia Beach Virginia Beach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman4vbaov.com From:Alton Edwards<alton.edwards@aol.com> Sent:Tuesday, December 10, 2019 10:25 AM To: dredmondvbpc@icloud.com Subject:Windsong Apartments rezoning issue CAUTIO' This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Alton Edwards and I am a Chesapeake Beach resident and home owner. I have lived in Chic's Beach over 50 years and I oppose the request to increase density and rezone Windsong Apartments on Pleasure House Road to A- 36. The area is already too congested and the traffic situation is getting worse every day. The impact on the area will adversely affect the quality of life for all Chesapeake Beach residents. The population in this area has increased exponentially over the last several years and the addition of hundreds more of residents and vehicles at this point is far from acceptable. Current zoning laws should be enforced. Thank you. Alton Edwards (757) 621-4044 I. Hoa N. Dao From: Planning Administration Sent: Tuesday, December 10, 2019 9:03 AM To: William R. Landfair Subject: FW: Request to deny Bonaventure Inc Windsong Apartments re-zoning request See email below. Email of opposition for Windsong Apartments. Received in the Planning Admin inbox on Sunday, December 8th. NBMarchelle 1. Coleman, City Planner II City of Virginia Beach Virginia Reach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbaov.com From: Rob Hardegen <hardegen@verizon.net> Sent: Sunday, December 8, 2019 7:55 PM To: dredmondVBPC@icloud.com Subject: Request to deny Bonaventure Inc Windsong Apartments re-zoning request This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Commissioner Redmond, I am a Chesapeake Beach resident/homeowner and strongly oppose the request to increase density and rezone Windsong Apartments. I oppose any rezoning which will increase the current density (note that at the current zoned density the number of bedrooms/number of residents still could double). I believe Bonaventure Inc statements to the residents of Chesapeake Beach have been not in good faith. They have made statements of city employees' concurrence which have been disproved and made statements stating that various zoning codes do not apply to their projects (such as parking requirements). Thank you for your time and service to our city. Respectfully, Robert Hardegen 5001 Lauderdale Avenue 1 Hoa N. Dao From: Planning Administration Sent: Tuesday, December 3, 2019 10:57 AM To: William R. Landfair Subject: FW: Bonaventure Proposal for Rezoning Bill, Another Windsong Apartments email of opposition. Received in the Planning Administration inbox on 12/1/2019. See email below. *NB Marchelle L. Coleman, City Planner II City of Virginia Beach Virginia Beach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbciov.com From: Wende Wiles<wende.wiles@gmail.com> Sent:Sunday, December 1, 2019 2:23 PM To:Aaron R. Rouse<ARouse@vbgov.com>;James L. Wood <JLWood@vbgov.com>; Louis R.Jones <LRJones@vbgov.com>; Rosemary C. Wilson <RCWilson@vbgov.com>; Dr.T.J. MORGAN Jr. CCSMP <tjmorgan@prodigy.net>;johnborum9@aol.com; Herge, Christopher<cherge@geico.com>; Planning Administration <PlanAdmn@vbgov.com> Subject: Re: Bonaventure Proposal for Rezoning Failed email address for Dave Redmond so adding planning commission general address. On Sun, Dec 1, 2019 at 2:19 PM Wende Wiles<wende.wiles@gmail.com>wrote: I have never gotten involved with local zoning decisions or local government before. Rather I am a senior federal government employee who relocated here years ago with my husband to enjoy more of the outdoors and the healthy lifestyle you all have preserved here. I still commute up a couple of days a week but it is worth if for what I come home to. As Va Beach expands, we are likely the type of people you want coming in because of our willingness to invest in the community and fully appreciate it. We looked all over Va Beach going into 32 homes before trying Chic's Beach at the end and committing. We bought the new construction across from HK's restaurant and embraced the bustle of this active community. Strollers and skateboards and now golf carts crossing and lots of walkers in high season and holidays. Both my husband and I volunteered for positions with the Civic League and met lifetime friends as a result. This year we decided to rent out that home because we saw a house available on Lake Joyce behind us, officially Baylake Pines. This Bonaventure expansion proposed to A36 zoning in the Windsong space off of Pleasure House Rd is very concerning for a number of reasons: 1 1. You will be redirecting all of the storm runoff previously split with Lake Bradford to Lake Joyce only with a planned increase in impervious ground.cover. In one fell swoop (pun and visual intended)you all may decimate the bird sanctuary we have at Lake Joyce. I have plenty of pictures including an American Bald Eagle walking up to my window last month and two have been looking to build a nest in one of our trees. Per the vbgov site the impact is as follows. https://www.vbgov.com/government/departments/planning/boards-commissions- committees/Documents/CBPA/CBPA%20Applications/2018-PCD-PA-CBPA-Application%20WQIA.pdf RAINWATER INFILTRATION and STORMWATER RUN-OFF "Nonpoint source pollution generally results from land runoff,precipitation,atmospheric deposition,drainage,seepage or hydrologic modification.Nonpoint pollution is caused by rainfall or snowmelt moving over and through the ground.As the runoff moves,it picks up and carries away natural and human-made pollutants,finally depositing them into lakes,rivers,wetlands,coastal waters and ground waters.Nonpoint source pollution can include excess fertilizers,herbicides and insecticides;oil,grease and chemicals from urban runoff;sediment from improperly managed construction sites and eroding shorelines;pet waste and faulty septic systems;and atmospheric deposition[US Environmental Protection Agency.(2016).Polluted runoff:nonpoint source pollution]." 2. The proposal is totally inconsistent with previous planning you all have approved and you cannot undo it afterwards. A36 is supposed to be for in-filling only and there is no precedent for A36 our side of the Lesner Bridge. We are not a designated Strategic Growth area because overall our community invests in itself to ensure property values are preserved and proper improvements made. Contractors are kept busy and renovations abound. It was recognized before that with limited ingress/egress north of Shore Drive, zoning had to be less to ensure emergency services could respond effectively. 3. We do not have any infrastructure to support the extra load proposed here (almost 300 more units meaning 600+ bedrooms and likely 800 additional cars on the road). Our residents already need to use routes back through the community to exit at peak times. You all responded by taking cars off the street by allowing golf carts and are adding sidewalks soon. These plans will help ensure safety for the numbers we currently support but not if this expansion is approved. In one fell swoop the golf cart, walking and biking community you created will crumble. 4. There is no demand for expansion of rental properties in this area driving this. You all have approved recently hundreds of new rental units at Marina Shores and more at East Beach. Overture sits mostly empty. This presents as a greedy financial decision only,throwing the prosperity of our community under the bus. We will be left with dirty water in our Lake, cursing traffic on our streets, danger for strollers and pedestrians and golf carts at our intersections. 5. The precedent set by A36 will impact the Shore Drive Community forever. Many others will follow unless we stop this now. I believe I moved into a better city than that. Modernization is a goal we can all agree with. We see owner-occupied as a better fit than rental for this area. We are happy to work together on solutions but this proposal is not it. This builder in my opinion has not been honest so for me personally this builder is not it. The Planning Commission and the City Council will live with these decisions forever. Please give this real consideration. The birds and the wildlife will not come back once gone. Taking the buildings back down will not be an option. Per my research Virginia Beach has identified Strategic Growth Areas that may cost the city because homes are getting older and they are not being maintained. Owners are not around or they are giving up. Those communities do not have the community that we do. Instead everyone living here just marvels at how much they love it and how they wouldn't choose to live anywhere else. Few things could ruin that for us and turn our neighborhood too into a liability. This decision could. 2 Hoa N. Dao From: Planning Administration Sent: Tuesday, December 3, 2019 10:55 AM To: William R. Landfair Subject: FW: Rezoning Windsong Apartments Hi Bill, Here is an email of opposition for Windsong Apartments. Received in the Planning Administration inbox on 11/30/2019. See below. Marchelle L. Coleman, Planner II 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbgov.com Original Message From: Cathy Jones <cathron2@verizon.net> Sent: Saturday, November 30, 2019 12:30 PM To: dredmondvbpc@icloud.com; Aaron R. Rouse <ARouse@vbgov.com>; James L. Wood <JLWood@vbgov.com>; Louis R. Jones <LRJones@vbgov.com>; Rosemary C. Wilson <RCWilson@vbgov.com> Subject: Rezoning Windsong Apartments As a longtime resident and homeowner (35 years) of Chesapeake Beach we are very much opposed to the rezoning and huge expansion of Windsong apartments. Over the years we have seen a lot of changes in traffic flow and other negative impacts on our community. It is getting more and more difficult for us to exit our community by way of Pleasure House Road and additional traffic would be a disaster for us homeowners. Plus all of the other negative impacts that will affect this community are totally unacceptable. Please help us to preserve our community. Ronald and Cathy Jones Sent from my iPad Hoa N. Dao From: Planning Administration Sent: Tuesday, November 19, 2019 8:49 AM To: William R. Landfair Subject: FW: Windsong Apartments Rezoning Hi Bill, Attached is an email in opposition of the Windsong Apartments. Received in the Planning Administration inbox on 1 1/19/2019. See below. Ah3Marchelle L. Coleman, City Planner City of Virginia Beach Virginia Beach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) rncoleman ZA.bacv.corr From: Bob Kincaid <vbkincaid@gmail.com> Sent:Tuesday, November 19, 2019 6:19 AM To: dredmondvbpc@icloud.com;Aaron R. Rouse<ARouse@vbgov.com>;James L.Wood <JLWood@vbgov.com>; Louis R.Jones<LRJones@vbgov.com>; Rosemary C. Wilson<RCWilson@vbgov.com> Cc: secretary@cxbcivicleague.org Subject:Windsong Apartments Rezoning To those concerned: I am a Chesapeake Beach resident and I oppose the developers' request to increase density and rezone Windsong Apartments on Pleasure House Road to A-36. I believe that increasing housing density at Windsong will have some of the following negative effects on the Chic's Beach community: • Increased traffic on Pleasure House Road • Increased backups at the Shore Drive/Pleasure House Road traffic lights • Increased storm water pollution/runoff into Lake Joyce • More police/ EMT personnel will be needed for the added population This request for rezoning would set a precedent for over-development of other housing complexes in the area. Other apartment complexes are zoned at A-24. Thank you for your consideration of this matter. Regards, Bob Kincaid 1 Hoa N. Dao From: Planning Administration Sent: Wednesday, November 6, 2019 12:45 PM To: William R. Landfair Subject: FW: Opposition to Windsong Apartment Rezoning Hi Bill, Here is another email of opposition for the Windsong Apartments. 'NB Marchelle 1. Coleman, City Planner City of Virginia Beach Virginia Beach Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcolemanavbgov.com From: Megan Lindstedt <megan.lindstedt@gmail.com> Sent:Wednesday, November 6, 2019 11:45 AM To:Aaron R. Rouse<ARouse@vbgov.com>; dredmondvbpc@icloud.com;James L. Wood <JLWood@vbgov.com>; Louis R.Jones<LRJones@vbgov.com>; Rosemary C. Wilson<RCWilson@vbgov.com> Cc: secretary@cxbcivicleague.org Subject: Opposition to Windsong Apartment Rezoning Hello, My name is Megan Lindstedt, and I am a Chesapeake Beach homeowner. I oppose the request to increase density and rezone Windsong Apartments on Pleasure House Rd. to A-36. Thank you for your consideration. Respectfully, Megan Lindstedt Megan Lindstedt (770) 231-2412 megan.lindstedt@gmail.com 1 Hoa N. Dao From: Planning Administration Sent: Monday, November 4, 2019 8:27 AM To: William R. Landfair Subject: FW: Rezoning of Windsong Apts on Pleasure House RD to A-36 Bill, See email of Opposition received for Windsong Apartments. Sent to the Planning Administration inbox on yesterday. Marchelle Original Message From: Cathy Baber <cathy.baber@gmail.com> Sent: Sunday, November 3, 2019 6:29 PM To: dredmondvbpc@icloud.com; Aaron R. Rouse <ARouse@vbgov.com>; jiwood@vbgov.com; Louis R. Jones <LRJones@vbgov.com>; Rosemary C. Wilson <RCWilson@vbgov.com> Cc: secretary@cxbcivicleague.org Subject: Rezoning of Windsong Apts on Pleasure House RD to A-36 I am a resident and property owner in Chesapeake Beach aka Chic's Beach. I am writing to inform you that I adamantly oppose to the rezoning application for Windsong Apts or any other similar zoning request for our area. The density of our neighborhood is already at a level that affects our quality of life, as well as the safety of our residents. Traffic cannot be increased for the infrastructure we currently have on place, Not to mention destroying the quaintness and desirability of our charming neighborhood. By approving addtional multi-family/duplexes to be built, you are taking away the UniquenessWhich makes our community so special. Please at-least consider future approvals for building that does allow contractors to continue to get variances and building permits where it removes the nature of our green properties that are left! (A good example is the property on Chubb Lake that was recently sold to a builder and soon to begin destruction That will tear down all the trees, fill-in the drainage area that has an important roll to adjacent properties, just to Squeeze in several-family homes). The builders are only interested in making money, NOT providing a quality home for a family while allowing for the property to remain a part of the charm it now holds. Sincerely, Cathy Baber cathy.baber@gmail.com 757-647-1301 Begin each day with a grateful heart V Hoa N. Dao From: Sandra Wainscott <scwainscott5l @gmail.com> Sent: Wednesday, October 28, 2020 3:47 PM To: William R. Landfair Subject: Apt proposal on Pleasure Rd CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I own property at 2316 Brigadoon Ct., and it is with great dismay that I've learned of another proposal to not only add to Windsong Apts., but to build more apartments in Chic's Beach. I grew up here and have witnessed the continuous growth which has resulted in overcrowding and more congestion on Pleasure House Rd. To build even more apts would result in such congestion,traffic would be impeded greatly. This area is already past its maximum capacity for a good quality of life for our residents. Please reconsider, and, perhaps construct a few duplexes. Respectfully, Sandra Wainscott 1 Hoa N. Dao From: Planning Administration Sent: Monday, October 28, 2019 2:16 PM To: William R. Landfair Subject: FW: Windsong Apt. Bill, See letter of opposition for Windsong Apartments, received in the Planning Administration inbox. Marchelle Original Message From: Jimmie Woodlee <jjwoodle@icloud.com> Sent: Monday, October 28, 2019 2:11 PM To: dredmondvbpc@icloud.com; Rosemary C. Wilson <RCWilson@vbgov.com>; Louis R. Jones <LRJones@vbgov.com>; dredmondvbpc@icloud.com Subject: Windsong Apt. I appose the the request to increase density and rezone Windsong Apartments on Pleasure House Road to A-36. The traffic is all ready to heavy on Pleasure House Road, we have way to many problems dealing with flooding and storm water runoff, sets precedence for neighboring complexes To overdevelopment and it violates Virginia Beach Comprehensive Plan! 111.1111000"-- I TIMsjoi MM. -gown----- it 0 '`" r___---\ ,2. '6 C:34. i ;ate ---Lf) 1 \ ' lilt Ceit) :.. .....0"1"...11.- 11 --W. i \23 to ir ........----0 o iGãteW00CUv CV ,.� � �'�' o _____91 -4- III o um, r0 2 „... N �� \ .4- CD mi ' '' R +I =1.I III N I%l am Or Q cp 0 . X j i# -s OC i'! r 1�i __� _ o U d Q NrN ry , _- CO a-' L _oG 1,,-_�t .� IIP II 1 4 -tt-- ----e-:.— 0 &al a Irl }' c c‘13# ........", __ ti w _,.. N O �Nit i _7 / 0 -0 ' 0 / 7.... •- cn co O CD h D\\ \q'll O L o cl ihe (NI Tr . Q 1.6 EC a) LI" E , 0 0 at 1 PI M All 8 . I - co ca �p = III i � - IP = 'O..'♦ na La *' (1::Lt ,117 )1! F2 is, 3=0 „dr ii 111 1%1 rw mr P"..'"/\:1-‘ 1., 0 Lr ) pno6 6U.!,p_u.eT e6pias'., .� o 0 r I !alb oat 1 :: o_ r iFJ 6 6 . 4 1r • 4 - '''"`" -41 , I >! -J Ska IX \I. flfl o -�cn �/ 0 0 Nam.. m�ii FABI /,�,\ 11, ,r Nue� Sfire;" si _ !i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PERFORMANCE COLLISION CENTERS, LLC [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Change of Zoning (R-5D Residential District &A-12 Apartment District to Conditional I-1 Light Industrial District), Conditional Use Permit (Automotive Repair Garage)for the property located at 212 Fair Lady Road (GPIN 1497935053). COUNCIL DISTRICT — BEACH MEETING DATE: January 19, 2021 • Background: The applicant is seeking a conditional rezoning of a 2.76-acre, City-owned parcel from R-5D Residential District and A-12 Apartment District to Conditional 1-1 Light Industrial District, as well as a Conditional Use Permit for an Automotive Repair Garage in order to construct a 15,000 square foot auto collision center at the southwest corner of the London Bridge Road/Potters Road intersection. The site is currently vacant. A portion of the site was acquired as part of the City's acquisition program to prevent further development of incompatible uses in the Accident Potential Zone 1 surrounding NAS Oceana. The remainder of the site is residual property from the London Bridge Road project. The applicant proposes to offer repair services such as auto dent and removal, paintless dent and removal, as well as bumper, windshield, fender, auto glass, and weather damage repair.All repair will occur inside of the building. Vehicles awaiting repair or customer pick up will be temporarily parked in the enclosed parking lot in the rear of the site. Condition 5 is recommended to ensure that towing of vehicles to the site will be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. The proffered elevations depict a one-story building with exterior building materials of white composite board and batten siding with white and gray architectural metal siding accents, and awnings above the windows. Three glass overhead garage doors are proposed, one facing Potters Road and two facing south, towards the parking lot at the rear of the building. The concept plan depicts the required 25- foot wide, Category II landscape buffer abutting the residentially zoned property to the south. A 20-foot wide, rather than the minimum 10-foot wide, Category VI landscape buffer with a six-foot tall solid privacy fence is proposed along Fair Lady Road and London Bridge Road to provide extra screening for the parking lot in the rear of the site. Performance Collision Centers, LLC Page 2 of 4 • Considerations: As the property is within the highest noise zone of >75 dB Ldn and within the Accident Potential Zone 1 (APZ-1), the Comprehensive Plan recommends "low intensity light industrial uses and limited retail with significant buffers to shield neighborhoods from possible intrusive impacts." This proposed Automotive Repair Garage will provide the required landscape buffer, in most cases, exceeding the landscaping requirements. In addition, the APZ-1/Clear Zone Master Plan is an adopted component of the Comprehensive Plan that provides guidance for development in the Accident Potential and Clear Zones surrounding NAS Oceana. The applicant's proposal to rezone the undeveloped lot from an incompatible residential zoning to compatible light industrial zoning meets these objectives. The automotive repair facility is identified as a land use suitable on properties affected by the AICUZ's APZ-1/Clear Zone delineations surrounding NAS Oceana. The recommended conditions, along with the proffers, are designed to address potential negative impacts to surrounding properties. These include limitations to hours of operation of repair and towing services, design and height of signage, location and amount of plantings, specific details on architectural style and building materials, and limitations to outdoor activities (repair work and storage of materials). Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Two letters of support and three letters of opposition were received by Staff. There were two speakers in opposition at the Planning Commission public hearing who voiced concern about the potential noise and other negative impacts associated with the intrusion of large and noisy vehicles operating on the site, fear of negative impact to appeal of neighborhood, and availability of vacant industrially-zoned properties in the vicinity. The applicant held a virtual Zoom meeting with property owners in the immediate vicinity of the site. Of the 14 property owners who indicated their intent to participate in the meeting, eight were actually in attendance. According to the applicant, the majority of those in attendance were opposed to the project due to the increased traffic on Fair Lady Road and possible noise associated with the proposed auto repair operation. • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 7-2. The following conditions apply to the Conditional Use Permit. The proposed proffers are attached. 1 . The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not Performance Collision Centers, LLC Page 3 of 4 obtained, the painting of vehicles shall be prohibited on the site. 2. Vehicles under repair must be stored/kept inside of the building at all times while under repair. 3. The garage bay doors shall remain closed during the hours of operation, except for the ingress and egress of vehicles. 4. Hours of operation shall be limited to 7:30 a.m. until 6:00 p.m., Monday through Saturday. 5. The towing of vehicles to the site shall be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. 6. There shall be no outside storage of equipment, parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 11.There shall be no portable or nonstructural signs or electronic display signs on the site. 12.All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Support (2) Letters of Opposition (3) Performance Collision Centers, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department je-/ /112 City Manager: Applicant Performance Collision Centers, LLC Agenda Items Property Owner City of Virginia Beach Planning Commission Public Hearing December 9, 2020 2 & 3 City of City Council Election District Beach Virginia Beach Requests #2 Conditional Rezoning(R-5D Residential District&A-12 Apartment District to Conditional I-1 Light Industrial District) #3 Conditional Use Permit(Automotive --) 1Repair Garage) / , 4 Staff Recommendation j Approval sia. wt.r.Read Staff Planner Marchelle Coleman $ i , Q Location ) a , — \ 212 Fair Lady Road s G P I N 1 Apiary 6••„ wet sa.w- 1497935053 Site Size °"„'s` ot- 2.76 acres \--77—\\1 A I C UZ Adr.,Mu s Trail Greater than 75 dB DNL;APZ-1 Watershed Chesapeake Bay ii Existing Land Use and Zoning District t;. Vacant lot/R-5D Residential &A-12 Apartment .:1. • _�- ate' $ ��r.� Surrounding Land Uses and Zoning Districts « ' -i North Potters Road 42, }• i ' 4-1 -4 4 1( 11111* ,-w . ,,,.;,:. , Vacant Lot/B-2 Community Business, R-10 Residential -_, 1, - ., r. South - .1.'�' Duplex/R-5D Residential "". East --,_ - , , London Bridge Road � • i r Single-family dwellings/R-5D Residential ,?' ,`` .'t :3'tY` "` , � - West :�� � 7 . y: Fair Lady Road Single-family dwellings/R-5D Residential Performance Collision Centers, LLC Agenda Items 2&3 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone a 2.76-acre parcel from R-5D Residential District and A-12 Apartment District to Conditional I-1 Light Industrial to construct a 15,000 square foot auto collision center, which requires a Conditional Use Permit for an Automotive Repair Garage. • The site is currently vacant. A portion of the site was acquired as part of the City's acquisition program to prevent further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana. The remainder of the site is residual property from the London Bridge Road project. • The applicant proposes to offer repair services such as auto dent and removal, paintless dent and removal,as well as bumper,windshield,fender, auto glass, and weather damage repair. • The vehicles will be inside of the building at all times while under repair.Vehicles awaiting repair, arrival of a part,or pick up by the customer will be temporarily parked in the enclosed parking lot in the rear of the site. Condition 5 is recommended to ensure that towing of vehicles to the site will be limited to no earlier than 6:00 a.m.and no later than 8:00 p.m. Storage of materials will also be limited to inside the building. • The collision center building is proposed to be constructed in the front of the property,facing London Bridge Road, with parking spaces available for customers and guests; however,the majority of the parking will be situated in the rear of the building for vehicles awaiting repair and customer pick-up.Two gates are proposed to be installed to limit customer traffic to the rear of the property and to provide security.Two vehicular ingress/egress access points along Fair Lady Road are depicted on the submitted plan. However,the northern entrance is the main ingress/egress access point for this site. • As depicted on the elevations,the exterior façade of the proposed one-story building will be constructed of white composite board and batten siding with white and gray architectural metal siding accents.Awnings will be placed over the windows and three glass overhead garage doors are proposed.There will be one overhead garage door facing Potters Road and the other two overhead doors will be located in the rear of the building facing the rear parking lot.A dumpster is proposed in the rear of the parking lot adjacent to the proposed stormwater facility and will be fully enclosed with composite board and siding,as shown on page 13 of this report. • A monument style sign is proposed at the corner of Potters Road and London Bridge Road.An aluminum based sign with the business logo is proposed.The sign will consist of blue and black lettering with a light gray background, as depicted on page 12 of this report. • The submitted plan depicts the required 25-foot wide, Category II landscape buffer abutting the residentially zoned property to the south.A 20-foot wide, rather than the minimum 10-foot wide, Category VI landscape buffer with a six-foot tall solid privacy fence will be installed along Fair Lady Road and London Bridge Road to provide extra screening for the parking lot in the rear of the site.The proposed landscaping appears to meet, and in some instances exceed,the requirements of the Zoning Ordinance; however,a more detailed review of all screening and planting requirements will occur during final site plan review. • Per Section 203 of the City Zoning Ordinance,an Automotive Repair Garage requires one space per 900 square feet of floor area,which in this instance results in 17 parking spaces for this 15,000 square foot building.The site layout depicts 93 parking spaces,exceeding the minimum parking requirement by 76 spaces. • According to the application,the Automobile Repair Garage operation will have approximately 18 employees.The typical hours of operation are 7:30 a.m.to 6:00 p.m., Monday through Saturday. Performance Collision Centers, LLC Agenda Items 2&3 Page 2 41 5 i i , •' .IT_: .�R-tO a i� ,.tj I Y ' • " - - Zoning History _ 0. `"" R-to R+v # Request ° Npeb 1-. -1: 1 STC Approved 05/26/2009 . : s $ 1' ;' _ � t . R� 2 REZ(R-5D&A-12 to I-1)Approved 05/26/2009 I -' V. ""c s A l: STC Approved 05/26/2009 0 ' •�. - �,. 3 CUP(Home Occupation-Firearm Sales)Approved 0_s. o f - , ,a -- 09/14/2004 * f, 40 4 MOD(Church Addition)Approved 11/27/2001 .` ^ = <, R_ 3 CUP(Church)Approved 06/08/1999 le-4:1.` •_ ,If fit L ,,. p it5 CRZ(B-2,R-10,&I-1 to Conditional I-1)Approved Eft',Lone ,,. R sat, 1 n Application Types MOD — Modification of Conditions or CUP—Conditional Use Permit Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request to rezone the 2.76 acre parcel from R-5D Residential District and A-12 Apartment District to Conditional I-1 Light Industrial District to construct a 15,000 square foot auto collision center is acceptable. This Conditional Use Permit request for an Automotive Repair Garage, in Staff's view, is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area. For areas,such as this,within a high AICUZ and within or in close proximity to an Accident Potential Zone,the Comprehensive Plan recommends "low intensity light industrial uses and limited retail with significant buffers to shield neighborhoods from possible intrusive impacts.This proposed Automotive Repair Garage will provide the required landscape buffer, in most cases,exceeding the landscaping requirements. In addition,the APZ-1/CZ Master Plan is an adopted component of the Comprehensive Plan that provides guidance for development in the Accident Potential and Clear Zones surrounding NAS Oceana.The applicant's proposal to rezone the undeveloped lot from an incompatible residential zoning to compatible light industrial zoning meets these objectives.The automotive repair facility is identified as a land use suitable on properties affected by the AICUZ's APZ-1/Clear Zone delineations surrounding NAS Oceana. The submitted building elevations depict an aesthetically pleasing building constructed using high quality building materials.The proposed landscape buffer and the fact that all work will be conducted within the building will help minimize negative impacts to the surrounding residential neighborhood.The applicant considered the proximity to the residential dwellings to the west when developing the site and has worked to heavily landscape the site to provide screening for the vehicles that will be parked in the rear of the site closest to the adjacent neighborhood.The proposed bay doors face south and do not have any direct residential exposure.A condition is recommended that requires the garage bay doors to remain closed during the hours of operation, except for the ingress and egress of vehicles,to further mitigate noise. In addition,the outdoor lighting proposed for the site will be shielded to direct light downward onto the property and away from adjoining property owners, at a height of 14-feet to reduce spillover. London Bridge Road is identified as an access control road and access is not permitted due to the traffic impacts. Vehicular access can only be safely accomdated on Fair Lady Road.Traffic Engineering Staff noted during the review that the existing right turn lane is too short to meet the criteria for entrances located within a right turn lane.To address this issue,the applicant reconfigured the entrance to provide an extended right turn lane with 50-feet of separation from Performance Collision Centers, LLC Agenda Items 2&3 Page 3 the bay taper before the return.This an important reconfiguration as it provides safety for all those traveling along Fair Lady Road. As required, a stormwater management facility is proposed to capture and treat the stormwater runoff from this project.The approach will be reviewed in more detail during final site plan review. As mentioned previously,the proposed Automotive Repair Garage exceeds the parking requirements of Section 203 of the Zoning Ordinance which requires one space per 900 square feet of floor area.There should be no overflow of vehicles onto the street of the adjacent neighborhood,as there is more than enough parking on site to accommodate customers and vehicles awaiting repair. As the property has remained vacant for years, undeniably there will be impacts during and after construction to the surrounding property owners.To ensure that this impact is minimal,the proffers and recommended conditions have been tailored to ameliorate those impacts.Those include:garage doors closed other than for ingress/egress from the building to mitigate noise,directing the light on the property downward not to shine into the adjacent properties homes, limiting the hours of towed vehicles to the site, and by heavily landscaping the site to provide screening to adjoining property owners. Based on these considerations,Staff recommends approval of these requests subject to the proffers and conditions below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed,fenced and landscaped substantially as shown on the two(2) page exhibit,entitled "EXHIBIT FOR PERFORMANCE COLLISION CENTER CONDTIONAL REZONING AND CONDITIONAL USE APPLICATION 212 FAIR LADY ROAD VIRGINIA BEACH,VA",dated 7-30-2020,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). Proffer 2: The exterior of the building depicted on the site Plan shall be substantially similar in appearance to the elevations shown on Exhibits labeled, "PERFORMANCE COLLISION AT POTTERS AND LONDON BRIDGE ROADS—CONCEPTUAL RENDERINGS", "View 1", "View 2", "View 3", and "View 4",dated July 29, 2020, prepared by Finley Design Architecture+ Interiors,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Renderings"). Proffer 3: The exterior building materials on the Performance Collision facility shall be as depicted and described on the Renderings of View 1 and View 2. Proffer 4: The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors,substantially as depicted on the"Monument Sign Exhibit—Performance Collision at Potters and London Bridge Roads",dated 7/29/2020,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Sign Exhibit"). Performance Collision Centers, LLC Agenda Items 2&3 Page 4 Proffer 5: The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the"Dumpster Enclosure Exhibit Performance Collision at Potters and London Bridge Roads", dated 7/29/2020,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Dumpster Exhibit"). Proffer 6: All vehicular repairs shall be performed inside of the building and all vehicles under repair shall remain inside the building while under repair. Proffer 7: No materials, supplies, equipment,trash or refuse shall be stored on the Property,except inside a building. Proffer 8: All outdoor lighting shall be shielded,deflected,shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint both are not obtained,the painting of vehicles shall be prohibited on the site. 2. Vehicles under repair must be stored/kept inside of the building at all times while under repair. 3. The garage bay doors shall remain closed during the hours of operation,except for the ingress and egress of vehicles. 4. Hours of operation shall be limited to 7:30 a.m. until 6:00 p.m., Monday through Saturday. 5. The towing of vehicles to the site shall be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. 6. There shall be no outside storage of equipment, parts,tires,or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 10. There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees, or fences,or in an unauthorized manner to walls or other signs. Performance Collision Centers, LLC Agenda Items 2&3 Page 5 11. There shall be no portable or nonstructural signs or electronic display signs on the site. 12. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area; however, the site is also located within Accident Potential Zone 1 (APZ-1) and guidance regarding appropriate future land use for this property is found in the APZ-1/CZ Master Plan, Sub-Area A. The Comprehensive Plan recommends "low intensity light industrial uses and limited retail with significant buffers to shield neighborhoods from possible intrusive impacts. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Fair Lady Road No Data Available' 9,900 ADT 1(LOS^"D") — London Bridge Road 34,100 ADT' 32,700 ADT 1(LOS 4"D") Existing Land Use a_170 ADT Proposed Land Use 340 ADT Potters Road 6,800 ADT' 25,100 ADT (LOS 4"D") 'Average Daily Trips 'as defined by a 2.8 acre lot in 3as defined by a 15,000 square 4 LOS=Level of Service the R-5D residential district foot automotive repair garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Fair Lady Road is an undivided two-lane local street. It is not shown on the MTP and this section is not affected by any CIP project. London Bridge Road is a divided four-lane Major Suburban Arterial roadway and is included on the MTP as a future divided roadway with a bikeway on a 120-foot right-of-way section. Potters Road is an undivided four-lane Minor Suburban Arterial roadway and is included on the MTP as a future undivided roadway with a bikeway on a 70-foot right-of-way section. It has a two-way stop controlled intersection with Fair Lady Road that is approximately 225 feet west of its signalized intersection with London Bridge Road. Public Utility Impacts Water & Sewer The site is connected to City water and sanitary sewer. There are multiple water connects and sewer laterals serving Fair Lady Road and Potters Road. Only one water service tap and sanitary sewer service will be permitted for the proposed development. Performance Collision Centers, LLC Agenda Items 2 & 3 Page 6 Public Outreach Information Planning Commission • The applicant sent letters to the surrounding property owners informing them of a Zoom call to be held on Thursday, November 12, 2020.The zoom call was planned to discuss the details of the request with surrounding property owners. Fourteen residents reached out to the developers to receive a link to join the zoom meeting. According to the applicant, only eight residents joined the meeting.The majority of those in attendance were opposed to the project due to the increased traffic on Fair Lady Road and noise from the Collision Center. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020 and November 29, 2020. • 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 23,2020. • 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 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3, 2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15,2021. Performance Collision Centers, LLC Agenda Items 2&3 Page 7 Proposed Site Layout Po17E.45 RO,vovius N9p ri{ � I - 1 • c • —aa > z ' y Ze 4- K' , .6 acr t 6 t R • r&-.z ( t 1 ' I ELON DR(VARIABLE WITH;ON AUL. It Performance Collision Centers, LLC Agenda Items 2 & 3 Page 8 Proposed Landscape Plan t € , a rt 2 �!l PINTER, w x,v r"Im 14 {i. s`T t A E. t a _, a f:i:::./. ''''''''' '', rn i� t - 1 Y :. ' :i n -'-00I. 0 - ' I - -4 1 .,/ rn = 4, i y g _____1 .' shaq z _ 4:-. ;; , a c 12, 2 r-- i i ft 2 z I ;' s -,- a 11 t .- 1 I iP, Fsl I. A I 4 - R I a � _ i T aaoa(VARuaEW$Tam I Performance Collision Centers, LLC Agenda Items 2 & 3 Page 9 Proposed Elevations 00 ComposBe Boora and Bottenoor-Whrte --Brushes Silver Storefront Gloss Goroge D IPFOR '°N E �ERF • s �.. y ` y 2'D x 3` . PERFORMANCECOLL&ON Conceptual Renderings I F III iE oR D E S II GRN AT POTTERS AND LONDON BRIDGE ROADS Virginia Beach,VA July 29,2020 View 1 ( siFEv Glass Garage Doors ' r-Architectural Metal Siding-White / r Archltec crol Metal Siding-Gray �� ,- - ?,tP Vat 7 -7 7 1----t i - ._ . �_ p _ _ - _ "U ii- II emir iii lisisitium ,awfinoim,,f.' - PERFORMANCE COLLISION Conceptual Renderings ' I FINLEY DES IR o` N RC.ITC CTURE AT POTTERS AND LONDON BRIDGE ROADS Virginia Beach,VA July 29,2020 View 2 ! SIFEN Performance Collision Centers, LLC Agenda Items 2 &3 Page 10 Proposed Elevations Glass Garage Door 111114, ss. 711[0 [12:0 - PERFORMANCE COLLEION Conceptual Renderings r. FINLEY DESIGN ATPOTTERS APO LONDON eruwa♦ cwroww BRIDGE ROADS Virginia Beach.VA July 29,2020 View 3 1 -.. 3 hF T 11666._ PERFORMANCECOLL6ION I Conceptual Renderings FINLEY DESIGN AT POTTERS AND LONDON Hrri cruwe cwraww BRIDGE ROADS �. Virginia Beach,VA July 29,2020 View 4 ( Jl.i'L".1V Performance Collision Centers, LLC Agenda Items 2&3 Page 11 Proposed Sign Rendering 175" - ERFORMANCE fe- Aluminum COL L /S/ON CENTER 200 .. t t 4,«,11.• 4 Monument Sign Exhibit Performance Collision at Potters and London Bridge Roads Date 7/29/2020 Performance Collision Centers, LLC Agenda Items 2 &3 Page 12 Proposed Dumpster Exhibit Everlast Siding Composite board--\ f ... �ti a_ Dumpster Enclosure Exhibit Performance Collision at Potters and London Bridge Roads Date 7/29/2020 Performance Collision Centers, LLC Agenda Items 2 &3 Page 13 Site Photos ' - 2 r • , I.: ; . „• - • -r •• - - • 4—* •••••• ;:7'.4•-•"`, ',14%-, ,,„ • .14`.1--"vt:' ._ • _ .).- - - - :041• . 1". ^4. att.- 8 • : " • - • NNIat.•;i: -,- -:411110111111114",..tr, ow, 1111.1"*".11 alle A • - .1.4. • - Performance Collision Centers, LLC Agenda Items 2 &3 Page 14 Disclosure Statement APPLICANT'S NAME Performance Collision Centers, L.L.C. 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 indude,but are not limited to,the following: Acquisition of Propergr 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 Pernik 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 all 6aclesure; Page 1 of 7 ilar•rdr+:,Comarisson and Citr Council rneetir,that oertatns to the ,• i;cat o- /� -tPPLICANT NOTIFIED pF HE.4WNG DATE- nol+ 4TE 12/17/2020 ^FVISIONScaNces SUBasMCfTarFl7 GATT AS PER THE APPLICANT,THERE ARE NO ANTICIPATED CHANGES BEFORE THE Date: 12/17/2020 MLC JAN 19TH PUBLIC HEARING Performance Collision Centers, LLC Agenda Items 2 &3 Page 15 Disclosure Statement nCheck here if the APPUCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPUCANT_ /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Performance Collision Centers If an LLC,list all member's names: Michael D.Sifen,President;Barry A.Sifen,Vice PresidenVCFO If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 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#propmfy owner is di ierent from Aypl cant. Check here if the PROPERTY OWNER IS NOTa corporation,partnership,firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWNER 15 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 Performance Collision Centers, LLC Agenda Items 2 & 3 Page 16 Disclosure Statement Niri3 Virginia 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 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 Loral 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,Oil a controlling owner in one entity is also a controlling owner in the other entity,or (ili) 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 entitles 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_Lhe 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 Performance Collision Centers, LLC Agenda Items 2 &3 Page 17 Disclosure Statement APPLICANT .,:r 1 YES NO SERVICE PROVIDER(use additional sheets if needed) '• -' Accounting and/or preparer of your tax return • ❑ Architect/Landscape Architect/ Finley Design Architecture+Interiors Land Planner Frankenfleld Design 8 Development,LLC(Barry Frankenfleld) ❑ ® Contract Purchaser(If other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed lul purchaser of the subject property • L� (identify purchaser(s)and purchaser's service providers) ® El Construction Contractor! Michael O.Slim,Inc • nI Engineers/Surveyors/Agents Site Improvement Associates,Inc.(Claude Lym) Financing(indude current Unk oeWT.B.D. ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services R.Edward Bourdon,Jr.,Esq. Real Estate Brokers/ E ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ „ an interest in the subject land or any proposed development 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 Performance Collision Centers, LLC Agenda Items 2 &3 Page 18 Disclosure Statement N/Y3 l nia Bead? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VRDA meeting, or meeting of any public body or committee in connection with this AI,plication. _ PeR naric. Cdlis n:c•;,cers _.L.C. Michael D.Sifen, President 731 6 ;e). l r .41f vimI • �, APPU ANTSSIGNA E PRINT NAME DATE Page 5 of 7 Performance Collision Centers, LLC Agenda Items 2 &3 Page 19 Disclosure Statement M3 OWNER Virginia B YES NO SERVICE I. PROVIDER bee additional sheets It _ woke ❑ ® Accounting and/or preparer of I 1 your tax return n ® Architect/Landscape Architect/ Land Planner Contract r(If her than and purchaser's identify e ntifce providers I I ® the, AnnficanS)-identify purchaser Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors n ® Engineers/Surveyors/Agents __— Financing(include current ❑ z 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 antidpated future sales of the subject property 1 i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Q FT 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 Performance Collision Centers, LLC Agenda Items 2 & 3 Page 20 Disclosure Statement -NB irgini F,arh 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 implication —- Ciy of vrgln Ey: %ln7/G "- ib .^ jlo''ZJ k1 1,th-cotAis ;Cr- rWrsio PROPERTY OMNER'SSISIIGNNATURE PRINT NAME DATE Page 7 of 7 Performance Collision Centers, LLC Agenda Items 2 &3 Page 21 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. Performance Collision Centers, LLC Agenda Items 2&3 Page 22 Items # 2 & 3. Performance Collision Centers, LLC [Applicant] City of Virginia Beach [Owner] Conditional Rezoning (A-12 Apartment District & R5-D Residential District to Conditional I-1 Light Industrial District) Conditional Use Permit (Automotive Repair Garage) 212 Fair Lady Road December 9, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: Items number 2 and 3 is a Conditional Rezoning on property located at 212 Fair Lady Road. Is the applicant present or the applicant's representative? Please state your name for the record. Mr. Bourdon: Madam Chair and Members of the Commission for the record Eddie Bourdon, Virginia Beach Attorney representing Performance Collision Center, with me today is Mr. Don Smith, Vice President of Corporation, Barry Frankenfield who is the landscape consultant on the project, he was supposed to be here, may be here outside I am not sure. This application involves a property, containing 2.76 acres, that was assembled by the City. It is in the APZ-1 accident potential zone number one, and the highest noise zone proximate to NAS Oceana. The City acquired this property, using taxpayer funds to help protect Oceana from encroachment. This property is located at the intersection of Potters Road and London Bridge Road, also is adjacent on the west side to Fair Lady Road. For those of you who may not be aware of this, Fair Lady Road was the London Bridge Road, which was a significant two lane arterial roadway in Princess Anne County and the City of Virginia Beach, for a century. It became Fair Lady Road in 2003 and 2004 with the new London Bridge Road that we all drive and know where that is, but prior to that time it was an extremely busy, two lane arterial London Bridge that being what is now Fair Lady Road. I want to thank Staff and most particularly Marchelle Coleman for their work with us on this project. You see up there the project property is basically a triangle. There are no adjacent residential properties, there are properties across Fair Lady formerly London Bridge Road from the property. The proposal is to construct a 15,000 square foot one-story building in which all the office functions and work on vehicles and storage of any manner will occur. All behind closed doors and no vehicle per the lengthy list of conditions that is under the state of being repaired can be stored outside. If it is vehicles being 1 worked on, it has to stay inside at all times until it is completed. The building itself has high quality exterior building materials, as well as architecture with white board and batten siding with white and gray architectural metal siding accents and shutters. There are three glass overhead garage doors, one facing Potters Road, two facing due south in the back. There is customer parking provided in front of the building between the building's frontage and Potters Road, and there is a large parking area in the rear. That area is completely fenced. There is a six-foot mandatory vinyl fence around the entirety of that lot, and there are also gates to that, which I will talk about in a second. The fencing is set back over 25-feet from London Bridge Road, it set back 20 feet from Fair Lady. On the Fair Lady side, it is heavily, heavily landscaped. And, it is also very well landscaped on the property itself on all other sides of it. The two access points for City's requirements are on Fair Lady, the primary one being the northern one. There is a gate between the western side of the building that closes off the rear parking area and there is also a gate that will close off the secondary entrance exit, more than entrance on the southern end of the frontage on Fair Lady. The per condition no vehicles can be delivered to this site or removed for the site for that matter between the hours of 6:00 in the morning and 8:00 at night. The gates will be locked and there will be no access other than the fire department. The operation of the business, not just the building will be between 07:30 in the morning and 6:00 in the evening on six days of the week. The business, it is a one story building the business, if it is as successful we hope it will be, there will be probably an average of three vehicles, being brought to the site on a daily basis, some days more, some days less but over the course of a year probably around three maybe three or four vehicles a day for work, all of which has to be performed by condition, inside the building with all of the doors to remain closed. The business will employ 18 people at max, I forgot to mention too, there is a dumpster on the property, the dumpster is within the fenced area in the back at the south east corner of the lot, it is furthest away from Fair Lady and inside the lot that is fenced and landscaped on the outside. We have got landscaping around the dumpster enclosure inside the enclosed lot itself, so, you cannot get more enclosed for a dumpster to meeting again, meeting all requirements the landscaping we believe exceeds all requirements and we know that the setback on the Fair Lady side exceeds what is required and the width of the landscape buffer exceeds what is required. As I mentioned at the beginning, the property is in APZ-1 highest noise zone. The property used to be a trailer park, Mr. De Hart had a house on the corner on Potters Road where the house was part of most of the road is now. But, where this is was a trailer park and not a particularly nice one either back in the day, I 2 had the privilege my Uncle and Aunt lived on the opposite side of what was then London Bridge Road from this property for many, many decades for the past. All the conditions that Staff has recommended on the use permit are acceptable for my client. It is also heavily proffered as you all know, Staff has recommended approval. We hope that you will see fit to make the same recommendation to City Council, I would be happy to answer any questions that you may have. Ms. Oliver: Does anybody have any questions for Mr. Burdon. No, thank you. Mr. Bourdon: Thank you very much. Ms. Dozier: We have two speakers on this item. Ms. Oliver: Okay. And, before we get started, I just want everybody to be mindful there is a three minute time limit on speakers and so just be cognizant of that as you start. Thank you. Ms. Dozier: Susan Betts. Ms. Oliver: Welcome, if you will state your name for the record, please. Ms. Betts: My name is Susan Betts. And, I just wanted to say, I have resided on Casey Court for 10 years. I am a little nervous. I have never been in this situation before but as long as I have lived there, there has never been a trailer park on that parcel of land and this is a community of neighbors, and families who walk their pets and children down that street and where school buses come. It is zoned residential I do believe now and zoning it industrial will bring tow trucks and rollbacks down a street that you know in a quiet neighborhood where we have London Bridge Boulevard already. And, further down the street is already zoned industrial and I am under the impression they already are off of Central Drive, so, I am not sure why they have to relocate, but it is definitely not going to help the curb appeal in our neighborhood where our families and children and pets go. And they have to come in on Fair Lady and not London Bridge which is already busy and I do remember too when it was one lane both ways before the on ramp came to right there where they build the on ramp, which makes it nice but there is already a lot of traffic down there, so, I do not see how that is going to help. And, I do not see if it is zoned residential why they cannot put more residence or another business it is not zoned for light industrial. So, I think if something like this was going up in your backyard, I do not know how you feel about it but I certainly think they could put that land to better use than something like that, especially when their place is a stones thrown down the 3 road. I thank you for your consideration and time. And, I would like to keep it green, I mean I was listening earlier about how Virginia Beach needs more bike paths and things like that, but a dog park and my other neighbors of Apiary, they have young kids said, hey, how about a children's playground but I guess people want to pave paradise and put up a parking lot, so to speak. I hope that does not happen but it is kind of out of my control but I wanted my voice heard. Thank you. Ms. Oliver: Thank you. Anybody have any questions? Okay, thank you. Mr. Dozier: Jay Augustan. Ms. Oliver: Welcome, if you will state your name for the record please. Mr. Augustan: Good morning. My name is Jay Augustan. Thank you everyone for having me here today. My name is Jay Augustan and I am a proud homeowner in the Fair Lady Place, the ten home cul-de-sac you will see on the top part of that screen right across from the blue, directly across from the site. We have four children in our house, ages 3, 6, 9, and 14 and I am here speaking today in opposition to the rezoning request. My primary reason for this is that noise that will bring to the area. It is a collision repair center that is being proposed between tow trucks, flatbed trucks, delivery trucks, dumpster trucks with their backup beeping, the noise of loading cars and the noise out resonate from the building from the repairs themselves. That will bring disruptions to a very peaceful area. This is why zoning ordinances normally for businesses of this type typically reside in industrial areas rather than in or at an entrance of a neighborhood. I do agree that the structure the building is attractive. But the cars coming there and the noise that will bring will not be. In fact nine dwellings or Fair Lady Road will directly be affected as they will be either directly across or contrary to what the gentleman said earlier, there is a dwelling that is right next door. There is a duplex with two families that live in that dwelling. Personally, I like to see a park in that area, if not more housing of some sort. However, I understand that due to AICUZ neither are possible as stated by the landscape designer and former Planning Commission member on the zoom call that developer kindly hosted. With that said, I know that Virginia Beach is not in the business of owning land and using revenue for the city's preservation. Thus it is a matter of time before a business of some sort will eventually be there, especially due to its location. However, no offense but I oppose any industrial type business on that piece of land due to its close proximity to the residential family dwellings. Personally, the next ideal scenario in my opinion, would be a professional office space like what is currently across 4 the street on Potters Road that has Doctor's Offices and a Physical Therapy Center. If not that maybe a coffee shop or donut shop, or a bakery or something of that nature would be much more complimentary to a neighborhood, other than an industrial business. In my opinion Performance Collision Center, would be much better suited across London Bridge, which you cannot see. Preferably at the former Commerce Park at the corner of Virginia Beach Boulevard and the Expressway where London Bridge is, and this would give them it an even better location in terms of access, the visual from the expressway and not have any residential concerns and not alter the way they operate their business. As you search for win, win scenarios between the business, the City, and residents, this would be it. Otherwise, should all parties involved and voting on this choose and move forward despite these concerns that I believe that we need to address the following. Number one, first and foremost, can we move the entrance on Fair Lady Road to London Bridge. Both entrances on the site will be on a road that currently residents ride their bikes, like the young lady had said earlier today. Ms. Dozier: Thank you for your comments. Mr. Augustan: Oh, sorry. Is that my time. Ms. Oliver: Yes, sir, it is your time. Mr. Augustan: No worries. Ms. Oliver: Thank you very much. Mr. Augustan: Thank you so much. Ms. Oliver: Madam Clerk, do we have any more speakers. Ms. Dozier: No, Ma'am. Ms. Oliver: Okay, thank you. Mr. Bourdon. Mr. Bourdon: Thank you Madam Chair, I want to thank Ms. Betts and Mr. Augustan for their constructive comments and for their being here today. I will address a couple things I have neglected to mention. I passed out before the hearing and you all have a letter of support from a family on Fair Lady, as well as from the London Bridge Baptist Church I have provided all those, they should have been at your chairs when you came back from lunch, letters of support of this project. One thing I want to point out that may not be something that the speakers were aware of is that, I said, the property is in 5 the APZ-1, Accident Potential Zone number one and the highest noise therefore it cannot be developed residentially that is the reason why the City acquired in the first place and it is been in our Comp Plan been known for decades now that this property and others like it with the appropriate type of landscaping, development restrictions etc. would be some form of light industrial that is the only thing that can go there. The uses that were described for almost every one of them is not allowed now, because of conflicts with NAS Oceana, and the Airfield. The entrance to this facility is not directly across from the entrance to Fair Lady to be clear, and we have intentionally shifted it so that it, we never wanted it to be lined up with the entrance to Fair Lady, so, there is no conflict there. We have a huge BMP on the south end of the property that is larger than probably three lots combined, four lots combined in Fair Lady before you get to the duplex that is located to the south of us, it is not a part of any neighborhood it is been there frankly for probably 50 to 60 years maybe even longer quite honestly. So, the application is an excellent application for this location. We have placed the entrances where we have been instructed to place the entrances by City Policy by City Staff, and we have met with the community, my client is an upstanding member of this community. He will abide by all the conditions and we will make sure the landscaping is to the point you would not be able to see what is going on there in a short period of time, but nothing will be going on other than vehicles being parked because everything will be closed and everything is done inside the building. There is one house on Fair Lady Place that is the side of the house faces London Bridge Road, that is the only house that is really in close proximity, but again it is on the opposite side of London Bridge Road landscaping on the east side of that property as well. And, with that, I would be happy to answer any questions if you may have any. Ms. Oliver: Anybody have, Mr. Alcaraz. Mr. Alcaraz: Mr. Bourdon, I was just looking at, so, I just want to clarify something, maybe your client can answer this, but you guys are showing a fence detail and it looks like it is kind of like as you call it corrugated, is there is that for sound, because it is kind of got thick structure to it. Mr. Bourdon: It is a high-quality maintenance free vinyl fence and it is solid. But in terms of the. Mr. Alcaraz: It is got a detail and it looks like two inches thick. Mr. Bourdon: It is not a thin little fence, you are absolutely correct. But I would say that it would not keep the jet noise away, which this area, again, highest noise 6 zone. But with what we have attempted to do with Barry Frankenfield's help is to create a very solid landscape buffer that will be the best noise attenuator, much more so than just a fence but between the fence and the heavy landscaping that all up and down Fair Lady on that side where we get the heaviest landscaping. That is the noise attenuation, the better noise attenuation than just the fence. The noise will bounce off the fence. The heavy landscaping absorbs some of the decibels. Mr. Alcaraz: Alright, thanks. Just hold on, Mr. Tajan, Mr. Bourdon mentioned residential uses. But Mr. Augustan actually asked and I just want to confirm it on the uses for office, coffee shop, doctors office. Can you confirm that? Mr. Tajan: Yes, sir. Mr. Alcaraz. So, in APZ-1 which is one of the higher Accident Potential Zones other than the Clear Zone those types of uses as retail food services are not permitted per the Zoning Ordinance. So, many of those retail uses that allow for folks to be located there for longer periods of time due to the safety concern are not permitted use. Mr. Alcaraz: Okay. Thank you. Mr. Wall: But, commercial uses would be, you are just saying that it is. Mr. Tajan: It is very limited, this is one of the more limited ones other than the Clear Zone. So, reading through the use table, regular retail sales is not permitted. Even the retail sales of food, eating and drinking establishments, so, those are the typical, even personal services which cover the majority of the other uses Mr. Wall. So, they would not be permitted in the APZ-1, so, they could not be a use permitted on site. Mr. Bourdon: You all do not see applications to put APZ-1 commercial uses because Mr. Tajan is correct, it is exceptionally narrow in APZ-1. Ms. Oliver: Thank you. Does anybody have any more questions? Mr. Graham? Mr. Graham: Regarding an access point, right in and right out on London Bridge Road, I understand that it is limited access road. And Traffic Engineering has looked at it and it is too close to the two intersections. Is the applicant opposed to having an entrance on London Bridge, if they were able to get it. Mr. Bourdon: Mr. Graham that we have been told that it is City Policy that there would not be access onto London Bridge Road. A right in and right out personally I 7 do not see that being a problem. If there is not room to have a median break and a full entrance really. But, based on my years of experience, I do not know how the right in and right out is a safety issue. However, we are abiding by and have every desire to abide by what the City Policy, as I understand it was set by City Council some time ago is, but certainly we are doing what we are told. Mr. Graham: Sure. Mr. Bourdon: And, if City Council wants to tell us to move it to London Bridge Road, I am certain we would not be looking for any median break. Mr. Graham: Okay. I mean, it seems like it is a low traffic impact. So, a lot of other uses, not that there are very many uses, but any other uses. I mean, they are going to have to have access from Fair Lady as well. Mr. Bourdon: That is correct it that is 100% correct. And this truly is a low impact and we are restricting the hours of operation and the utilization of it in order to minimize any impacts. Mr. Graham: Okay. All right. Thank you. Mr. Bourdon: Thank you. Ms. Oliver: There are any more questions? Yes, Jack. Mr. Wall: Can you Mr. Bourdon. Can you speak a little bit more on the parking for this property, as I see an enormous amount of parking for this facility that you would not expect for it typical auto repair. Mr. Bourdon: One of the situations, there a couple situations that we are dealing with. One is that we do not want to have any overflow whatsoever onto the adjacent streets so we eliminate that entirely with having a larger parking area in the back. There will be vehicles that are not under repair, that repairs have not started that we have to store they are waiting for parts and then put them in, get the work done and get them get them out. So, that is one of the reasons for the size of the lot. But the primary one is to make no doubt in anyone's mind that there is going to be no impact of what goes on here in any of the communities that surrounded it as far as parking is concerned. If there were to be a concern about reducing the size of the of the area, my client would be amenable, but this was something that in the conversations with Staff and with City Representatives, we did not want there to be any impact and we want to make sure that it will be solidly screened, so, no one and in a very short period of time will even know what 8 is going on there or see what is going on there, but other than Zoning Inspectors are welcome. But we are not going to do any work other than in the building. Mr. Wall: Okay, can you follow up and can you speak on the architecture also, of the facility. Mr. Bourdon: I tried to do that in the presentation, board and batten, fiber siding, metal accents, we got lots of windows, not what you typically see, as Mr. Augustan even acknowledged, it is a very attractive building. And I think it is extremely attractive building and it is very similar to the one of the two industrial buildings that is on the opposite side of London Bridge Road adjacent to the Gate Wood Park Neighborhood that were built again on similar situation acquired properties of the City. So, for development that lines up with the entrance to the south end of Fair Lady. One of those buildings is very similar architecture and I believe that building even got a design award from this Commission a number of years ago when it opened. Mr. Wall: What is the use of that building. Mr. Bourdon: It is an industrial zoning, it is not it? Mr. Wall: It is a fleet supply? Mr. Bourdon: I am sorry. Mr. Wall: Is it fleet supply? Mr. Bourdon: I believe that is correct. I do not want to suggest that it is an auto repair, but it is an industrial use on industrial property. Mr. Wall: Okay. All right, thank you. Ms. Oliver: Anybody else? Okay. Thank you, Mr. Bourdon. Mr. Bourdon: Thank you. Ms. Oliver: All right, the hearing is closed now. We will open it up for discussion amongst the Commissioners unless we have a motion on the floor. Mr. Redmond. Mr. Redmond: I recall the City acquired this property for the purpose of the use similar to this. This is a consequence of Base Realignment and Closure Commission, where Mr. Bourdon says for decades it literally has been close to 20 years that we have been on this quest to place similar businesses in this part of the City, APZ-1. I am impressed, the architecture is quite attractive, it 9 exceeds on landscaping, it exceeds on parking, the goodness, the dumpster enclosure, I am looking at this in the dumpster enclosure seems to have been thought out with a great deal of care and the fencing. I mean, there is a lot to like about this. If you accept and I think we have to accept that this is the kind of use it is going to go on this property that I think this is a very well thought out application, where a great deal of care has been taken to that. So, I certainly understand and sympathize with these folks who just do not want anything built there. Okay. And, I get that too. That is why the City acquired it and in given that, it seems to me, we could do an awful lot worse on this property than what we are presented with. So, I am going to support it and George's neck of the woods, I am going to wait for him to make his move. But, I think it has a lot to recommend it quite frankly. Thank you. Ms. Oliver: Yes, Mr. Wall. Mr. Wall: I have got a few things. One is, this could be for Marchelle or for anybody with the City, will this unfairly provided an advantage to this business that is, that is provided with the City parcel in an area that zones and you are currently residential A-12 Apartment District as opposed to a typical industrial area that we have. I believe within the past few years approved auto repair and even collision repair businesses, tucked away off of London Bridge in a more of an industrial setting. And, maybe that is just a question that is hard to answer. But, it almost seems like it does provide them on a somewhat key intersection near Potters and London Bridge, well-traveled, heavily traveled trafficked road, I mean, possibly an advantage over other businesses that have located in more of an industrial setting. So, I do not know if anybody can answer that or it can be answered. Mr. Tajan: I do not know if we can answer that Mr. Wall. As you as we know, this is a City parcel that has been requested and deemed as excess by the City. And, there was a proposal to come forward from the applicant with this proposed development, which is why it is in front of you. The economics behind it, I do not believe we can answer any of for you. Mr. Wall: Okay. All right, thanks. Mr. Alcaraz: All right, well. Mr. Wall: I have a couple other things. One thing is this would catch me, I am not a fan of this, it would catch me off guard if I lived there. It is an open space; we know there has been some discussion on that this is the best use. Well, I do not know if it is the best use, possibly open space. And it may have 10 been acquired as part of the protection within the AICUZ area against additional residential. But, on the flip side, the architecture blends with recent precedents and very good architecture. And, the landscaping it cannot get better I do not think then what has been proposed at this point for this type of use. So, I am little torn on that. Okay, that is it, sorry George. Mr. Alcaraz: Good, Jack thank you. And, I agree with Mr. Redmond, this is the, I guess, the worst case scenario of an APZ-1 your crash zone, your noise zone, it is the worst case, and the applicant has submitted a plan with the restrictions on the property that, minimal and they picked the site and the design of it. And, I am sorry with the concerns with the opposition, but I am going to make a recommendation for approval. Ms. Oliver: Do I have a second. Mr. Redmond: Second. Ms. Oliver: The second by Commissioner Redmond. Can you call for the question please. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Nay. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Nay. 11 Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: Madam Chair, Oliver. Ms. Oliver: Aye. Ms. Porter: By a recorded a vote of seven to two, agenda item number 2 and 3 have been approved. AYE 7 NAY 2 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein NAY Oliver AYE Redmond AYE Wall NAY 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 the Property is developed, it shall be developed, fenced and landscaped substantially as shown on the two (2) page exhibit, entitled "EXHIBIT FOR PERFORMANCE COLLISION CENTER CONDTIONAL REZONING AND CONDITIONAL USE APPLICATION 212 FAIR LADY ROAD VIRGINIA BEACH, VA", dated 7-30-2020, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 12 Proffer 2: The exterior of the building depicted on the site Plan shall be substantially similar in appearance to the elevations shown on Exhibits labeled, "PERFORMANCE COLLISION AT POTTERS AND LONDON BRIDGE ROADS — CONCEPTUAL RENDERINGS", "View 1", "View 2", "View 3", and "View 4", dated July 29, 2020, prepared by Finley Design Architecture + Interiors, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Renderings"). Proffer 3: The exterior building materials on the Performance Collision facility shall be as depicted and described on the Renderings of View 1 and View 2. Proffer 4: The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors, substantially as depicted on the "Monument Sign Exhibit — Performance Collision at Potters and London Bridge Roads", dated 7/29/2020, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Sign Exhibit"). Proffer 5: The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the "Dumpster Enclosure Exhibit Performance Collision at Potters and London Bridge Roads", dated 7/29/2020, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Dumpster Exhibit"). Proffer 6: All vehicular repairs shall be performed inside of the building and all vehicles under repair shall remain inside the building while under repair. Proffer 7: No materials, supplies, equipment, trash or refuse shall be stored on the Property, except inside a building. Proffer 8: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 13 Proffer 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS: 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint both are not obtained, the painting of vehicles shall be prohibited on the site. 2. Vehicles under repair must be stored/kept inside of the building at all times while under repair. 3. The garage bay doors shall remain closed during the hours of operation, except for the ingress and egress of vehicles. 4. Hours of operation shall be limited to 7:30 a.m. until 6:00 p.m., Monday through Saturday. 5. The towing of vehicles to the site shall be limited to no earlier than 6:00 a.m. and no later than 8:00 p.m. 6. There shall be no outside storage of equipment, parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 14 11.There shall be no portable or nonstructural signs or electronic display signs on the site. 12.All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 15 PERFORMANCE COLLISION CENTERS, L.L.C., a Virginia limited liability company THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30th day of July, 2020, by and between PERFORMANCE COLLISION CENTERS, L.L.C., a Virginia limited liability company, Grantor, party of the first part; THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee,party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach,Virginia, containing approximately 2.759 acres which is described in Exhibit"A" attached hereto and incorporated herein by this reference. This parcel as described in Exhibit"A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part has contracted to acquire the Property from the party of the second part; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional 1-1 Light Industrial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1497-93-5053-0000 PREPARED BY: "'SYICES.POURDON. AIIERN&LEVY,P.C. Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following 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 this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed, fenced and landscaped substantially as shown on the two (2) page exhibit entitled "EXHIBIT FOR PERFORMANCE COLLISION CENTER CONDITIONAL REZONING AND CONDITIONAL USE APPLICATION 212 FAIR LADY ROAD VIRGINIA BEACH, VA", dated 7-30-2020, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). PREPARED BY: SIB SYK£S.l30URDON. 2. The exterior of the building depicted on the Site Plan shall be substantially Al Ai1£RN&LEVY.P.C. similar in appearance to the elevations shown on the Exhibits labeled, "PERFORMANCE COLLISION AT POTTERS AND LONDON BRIDGE ROADS - CONCEPTUAL RENDERINGS", 2 "View 1", "View 2", "View 3" and "View 4", dated July 29, 2020, prepared by Finley Design Architecture+ Interiors,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Renderings"). 3. The exterior building materials on the Performance Collision facility shall be as depicted and described on the Renderings of View 1 and View 2. 4. The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors, substantially as depicted on the "Monument Sign Exhibit- Performance Collision at Potters and London Bridge Roads",dated 7/29/2020, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Sign Exhibit"). 5. The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the "Dumpster Enclosure Exhibit Performance Collision at Potters and London Bridge Roads", dated 7/29/2020, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Dumpster Exhibit"). 6. All vehicular repairs shall be performed inside of the building and all vehicles under repair shall remain inside the building while under repair. 7. No materials, supplies, equipment, trash or refuse shall be stored on the Property, except inside a building. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to I-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. PREPARED BY. The above conditions,having been proffered by the Grantor and allowed and accepted S.B SYK£S,BOURDON. by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force L AII£RN&LEVY,P.C. and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to 3 the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the PREPARED BY: SYICES.BOURDON. Grantor and the Grantee. AIIERN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: Performance Collision Centers, L.L.C., a Virginia limited liability company By: I dA,/,/,/,( SEAL Michael D. Sifen, Pre�ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 31st day of July, 2020,by Michael D. Sifen, President of Performance Collision Centers, L.LC., a Virginia limited liability company, Grantor. Notary Public • My Commission Expires: August 31, 2020 r• ,•�:, COM4f y Notary Registration Number:192628 . o 1.&1:$ gesso PREPARED BY: S i.L3 SYKES, BOURDON, A L. AR£RN&LEVY.P.C. 5 WITNESS the following signature and seal: Grantor: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia By: (SEAL) City Manager/Authori Designee ATTE : City Cle COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: I, pckzCLje 'M Ira w ,a Notary Public in and for the City and State aforesaid,do hereby certify that V1 lCUd N. Wi IliGWic,ir;as City Manager/Authorized Designee for the City of Virginia Beach, whose name is signed to the foregoing instrument, has acknowledged the same before me in my City and State aforesaid. Commonwealth of Virginia Paige T.McGraw-Notary Public Commission No.7782189 My Commissiuri Expires 7 30 Notary Public My Commission Expires '1h0/7-2 Notary Registration Number: 1315211 PREPARED BY: S.B SYK£S,BOURDON. A`t_ AHERN&LEVY,P.C. 6 EXHIBIT "A" All that certain tract, piece or parcel of land with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Beach District in the City of Virginia Beach, Virginia, and being designated and shown as "PARCEL C" containing 2.759 acres on a plat entitled, "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA", which plat is dated October 27, 2009, made by Landmark Design Group, and duly of record in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, as Instrument Number 20091209001403470. GPIN: 1497-93-5053-0000 H:\AM\Conditional Rezoning\Performance Collision Centers\212 Fair Lady Road Proffer Agreementdocx PREPARED BY: SYKES.BOURDON. AIIERN&LEVY.P.C. 7 ColOOtrii w`c`ar>llvc�ndy GE MAKING DISCIP LES IN 011R NOCIIgoRI100DS,NATION&WORLD. December 3, 2020 To Whom It May Concern, Recently,we received information that Mr. Mike Sifen is pursuing approval from the City of Virginia Beach to build a new Performance Collision Center at the corner of London Bridge Road and Potters Road. London Bridge Baptist Church would be in close proximity to this new business,and the purpose of this letter is to state that we would not be in opposition this project. In fact,we support reputable businesses that create good jobs for our community. If you have any questions or concerns regarding our support of this project, feel free to reach me at 757-486-7900. Sinc ely, pica rry cLeod Administrative Pastor 1111 GREG BRINSON, SENIOR PASTOR - WWW.LONDONBRIDGE.ORG 2460 POTTERS RD, VIRGINIA BEACH, VA 23454 757-486-7900 December L 2020 :. . atVh i*Brach l'lannmg C"ommi %k.'fl` 2873 Sabre St,Suite 500 Wigilia Beach.VA 23452 RE:Perfornianee Collision Centers, 1.1,C at 212 Fair lady Rd Please accept this letter of support on behalf of lames and Lynne Mathews for the proposed Automotive Repair Garage at 212 fair Lady Rd_ As the adjacent property owner, we have spoken with Ashley Dickerson regarding the future development of this pmperty. As a long ti ui ncr'occupan1 on 2253 Potters Rd, the planned facility is welcomed as it will enhanoc the surroundinF area with its a thctically pleasing features. We understand the zoning restrictions ota the property- and believe that the Automotive Repair Garage is the most practical. Sincerely, mes MatbeWS /nnc reWS Ft4 From: Valeria L.Palmertree To: aalcarazvboc(alicloud.com;Plannina Administration Cc: Sean Palmertree Subject: Development/Rezoning at Fair Lady Road Date: Thursday,December 3,2020 12:46:00 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr.Alcaraz and Other Members of the Planning Commission Board: We have lived at 2404 Fair Lady Place since 2014 and absolutely love our neighborhood. We were attracted to this little stretch of Virginia Beach due to its central location and calm surroundings(give or take a jet flyover), and our cul de sac off of Fair Lady Road has remained a serene escape from the hustle and bustle of London Bridge Road. Key to our decision to buy this house was the understanding that Fair Lady Road was zoned as an R-5D. Imagine our surprise upon recently learning that SIFEN, Inc. has proposed plans for a Performance Collision Center steps away from our driveway under a Conditional Use Permit to rezone that Fair Lady Road lot(GPIN: 14979350530000)as an I-1. The proposed Collision Center would directly encroach onto our residential area,with the entrance spilling directly onto Fair Lady Place. This development would bring with it an influx of traffic on a residential road where so many of us and our children and pets walk,run and bike, and on which school buses regularly stop. Additionally,a Collision Center would bring with it constant noise due to the use of air/power tools,banding of metal, and large wrecker trucks coming and going at all hours of the day as is the nature of such businesses. Not to mention,this development would be an undeniable eye sore and risks decreasing our respective property value. Simply put,we don't think an industrial structure belongs in our neighborhood. Certainly, we're open to the city's continued growth but believe that residential neighborhoods deserve developments that enrich,not deteriorate,their community and quality of life. While our neighborhood doesn't have a Home Owners Association,we join our fellow neighbors in expressing our disapproval of this proposal.We plan to share our concerns at the upcoming public hearings as well and would appreciate your assistance in ensuring our voices are heard.Thank you for your time. Wishing you all a healthy start to the holiday season. Best regards, Valeria L. Palmertree& Sean J. Palmertree Valeria L.Palmertree 786.553.8148 From: Marchelle L,Coleman To: Marchelle L.Coleman Subject: FW:Automotive Repair Garage r-5d&A-12 Conditional I-1Rezoning Date: Monday,November 9,2020 3:37:08 PM From:Susan Betz<sbetz@adsinc.com> Sent: Monday, November 9, 2020 2:16 PM To: Hoa N. Dao<HDaoftvbgov.com> Subject:Automotive Repair Garage r-5d &A-12 Conditional I-1Rezoning CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, I am opposed to the Auto repair garage being built at this location and would prefer this small parcel of land kept green maybe a children's park or possibly a dog park but I feel with London Bridge being a main thoroughfare to the interstate and further down with the industrial park as well as Oceana base we have enough businesses/traffic already.Thank you for your time and consideration. Susan Betz Accounts Payable Specialist ADS,I nc. Office: 757-351-1272 Fax: 757-440-3023 www.adsinc,com Please email ALL invoices, statements, & payment inquiries to: ADS-AP@ADSInc.com to prevent delay in payment. Invoices submitted to ANY other email will be cause for delay in payment. This email may contain confidential and/or privileged information or data subject to US export control laws and is intended only for the use of the intended recipients.Any unauthorized review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify ADS by reply and delete the communication. Thank you. From: Hoa N. Dao To: Marchelle L.Coleman Subject: FW:Automotive Repair Garage Precision Collision Center Date: Sunday,December 6,2020 10:11:16 PM Marchelle, See letter of opposition for items 2&3 below. Sincerely, Hoa N.Dao,Planner III a hDao@VBGov.com (757.385.4298 Original Message From:Susan Betz<suebetz@yahoo.com> Sent:Sunday,December 6,2020 8:35 PM To:Hoa N.Dao<HDao@vbgov.com> Subject:Automotive Repair Garage Precision Collision Center CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it May Concern: When I decided to purchase a home in the area off of Potters Rd and London Bridge Blvd I never imagined an industrial business trying to build in our relatively quiet neighborhood that is zoned residential.I feel this is not a good location as tow trucks,delivery trucks,as well as roll backs will be traveling up and down Fair Lady Rd where families walk with their children and pets as well as it being where numerous children wait for their respective buses when school is in session.Also, the additional noise from using pneumatic tools as well as the use of potentially dangerous chemicals would not be in our best interest. There is already an industrial park of sorts a little further down LB Blvd as well as LB Commerce Center that is only a stones throw away and currently vacant that in my opinion would be more suitable for this sort of business venture.Thank you in advance for considering having this business relocate to a more appropriate location. Sincerely, Susan Betz Sent from my iPhone Sent from my iPhone 1-5/ i zv� � I PP / 7 CI] / _ '41111A LO aio 0 1 1 t- / iLOJ it i - rn'a w ---__„........,,,, iket 4_ , aZe�e L \x'' ' \ * .�4 mca O \ c13 0, \c U _J Ci to 7// i ‘ \„t, \ /., /� ` /7#Y •21) - ,, N :41,* y#0 -i Witt/ 7 ,/ o / e7' 4S Roa d inwidd / D I:0\ cm o , 111.*----.4\62, A/6 . I 1 0 < r ; � 1 Y CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: KIM DEROCHEBLAVE BARKER [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3625 E. Stratford Road (GPIN 14895834936550). COUNCIL DISTRICT — BAYSIDE MEETING DATE: January 19, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 5,141 square-foot parcel zoned R-5D Residential District (Shore Drive Overlay). The lot consists of one duplex. For clarity, the applicant only owns one of the two units on this property. The subject dwelling contains three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepted City Council's recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom and limit the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This site is located within the community of Ocean Park, which consists of predominately single-family and duplex dwellings. The site is within approximately 790 feet of the public beach of the Chesapeake Bay. The applicant's parking plan depicts the three required off-street parking spaces; one within the garage and two in the driveway. One of the parking spaces does encroach into the right-of-way; however, pedestrian and vehicular movements are not impacted as there is more than 20 feet from the edge of the street pavement to the property line. While the parking of vehicles is slightly within a portion of the right-of-way, it is fully within the driveway as is typical throughout this neighborhood. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; noting that a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff report. Kim deRocheblave Barker Page 2 of 4 One letter of opposition from an adjacent property owner was received related to this request. The letter indicates concern with the potential for increased noise and the transient nature of Short Term Rentals. ■ Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 3625 E. Stratford Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Kim deRocheblave Barker Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except 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 one (1) rental contract 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) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 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 STR Vicinity Map Minutes of Planning Commission Hearing Kim deRocheblave Barker Page 4 of 4 Letter of Opposition (1) Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: plIV Applicant and Property Owner: Kim deRocheblave Barker Agenda Item Planning Commission Public Hearing: December 9, 2020 City Council Election District: Bayside 18 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner J , _...sp/r. William Miller Sorry Road L. Location IShore On 3625 E. Stratford Road j , • edr o.ry -. GPIN 14895834936550 Site Size 5,141 square feet Existing Land Use and Zoning District Duplex dwelling/R-5D Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts ,, ,t� * � , North r� , ,.� / • _ > _ Single-family dwelling/R-5D Residential (Shore 7 ," ram Drive Overlay) a `; South �. };i4. • ► >,,., + _ , Single-familyR 5D Residential Shore ets- , . :° .. dwelling/ ( // Drive Overlay) ,� -ry �. !4 1 . r East `° N.' t _ t Duplex dwelling/ R-5D Residential (Shore Drive vt.. t,,,° , -it3 Overlay) y'' � 1 ` , .-or ,°,A , ''i. West _ -.„ - ,, ;gip , E. Stratford Road + .F°+. tw._ ai r�: Single-family& duplex dwellings/ R-5D - 1 " � `,F- ,�``' ,44- v Residential (Shore Drive Overlay) • r ;. • '> ' :$ Kim deRocheblave Barker Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • This 5,141 square foot lot is zoned R-5D Residential District (Shore Drive Overlay)and contains one duplex; however,the applicant only owns the subject unit. • According to City records,this three-bedroom home was constructed in 1981. • Staff inspected the site on October 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day; however, due to the narrowness of the asphalt street in this block, it appears that most vehicles park in the unimproved portion of the City right-of-way.Thus, any overflow parking beyond the minimum parking spaces required could occur within the City right-of-way. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity --. '-'-'- sg7;CZli .4111. e:ieL,.1111_41.1.14 - - 4) fe..* ikefillie4W CIA . S4. f*, 1011 AV iii\lo I er 411 :,,,#.41. _ , IIPAik, ..,,itt Mill'n- WA) r41141"11. agisA *0 STATUS • Approved O Denied Q Under Review Q Registered Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 Kim deRocheblave Barker Agenda Item 18 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 2-As recommended in condition#16 • Number of parking spaces required (1 space per bedroom required):3 • Number of parking spaces provided on-site:3* *1 space partially within the right-of-way, but fully in the driveway • riotx , R-SD 2 ' Zoning History v,4a>s\ � # Request :\ / ///� 1 SVR(one lot to two)Approved 06/23/1998 • R-5D `,6\ aa en'°"'Cirde 2 CUP(Community Boat Dock)Approved 09/13/2000 .__ ya p MOD(Modification to Community Boat Dock) 10/28/2003 / \ sa 1, R.S'D �.... - i R-So 1 1 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—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the community of Ocean Park,which consists of predominately single-family and duplex dwellings.The subject lot is zoned R-5D Residential District,Shore Drive Overlay,which permits both single-family and duplex dwellings. In addition,the site lies approximately 790 feet from the public beach of the Chesapeake Bay.The applicant's parking plan depicts the three required off-street parking spaces;one within the garage and two in the driveway. One of the parking spaces does encroach into the right-of-way; however, pedestrian and vehicular movements are not impacted as there is over 20 feet from the edge of the street pavement to the property line.The parking of vehicles within a portion of the right-of-way, but fully within the driveway is a typical condition within the neighborhood. As permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below.The recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Kim deRocheblave Barker Agenda Item 18 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3625 E.Stratford Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. 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 Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. Kim deRocheblave Barker Agenda Item 18 Page 4 13. The Short Term Rental shall have no more than one(1) rental contract 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers")shall be two(2) individuals per bedroom. 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. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised. Three letters of support have been received by Staff related to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020,and November 29, 2020. • 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 23, 2020. • 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 3,2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3, 2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4,2021 Kim deRocheblave Barker Agenda Item 18 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-council/Documents/BookmarkedAgenda.pdf on January 15, 2021. Kim deRocheblave Barker Agenda Item 18 Page 6 Site Layout & Parking Plan rg.Jp' b —� 114 0 AC 2-S7Y.. FR. o 1.5623 /.7825 7 / ate' .Ty A 3 20.3' l _ �, =: E'. $ TRA TFORD ROAD (50' R/w) 9' x 18' 9' x 18' parking • parking space space in the garage Concrete Kim deRocheblave Barker • Agenda Item 18 Page 7 Site Photos S� 'w.r- xl �1: t 46 ill: _, . d . ;,_ _ . , I is ; F nin ; _ ,,,, 0 1 I IllIjthl i hhli ` i„d.:_ —r-x 4.�F will., _ 111 t ,N4 .r '1V` "14 niEl A l'_ �, w ty'' C • ,a l�:. F t iN .. ` - Y". .1 , „Air s€'.a�00, "' Y.mil _. •� • yam, `••.S.w.` ` f , 5 -c- .! �i . 4. -- - _ l611 • Kim deRocheblave Barker Agenda Item 18 Page 8 Site Photos a* , ss ' - - J1 d`Y.- ' 4 ,vie e !' • 0 s R:-i --,,,,,.,. . ,,. ___, -.*,f.,:.,11 1,-.: - - tili'-fttli ....... .,,, _ _ . . _ _____ __ , ., ... ...L. _ _ ,,, __. _ , ...... , # ... ..... .„, ,,,,# w 0 atiiii - - - ---- ....„, - ,... , . _ . , i = - „„. ,,,, . _ . r # �- a — z na§ // Fi ♦ s � = r • 1--- ,.„,., a < a a.:i . �,t ?s.t.fir "` r ;'ks' e �. a, - Kim deRocheblave Barker Agenda Item 18 Page 9 Disclosure Statement Disclosure Statement 'NB Cay of&w&Bmch Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Kim deRocheblave Barker Does the applicant have a representative? 0 Yes 1 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes II No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directiy 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(;)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. 11Page Kim deRocheblave Barker Agenda Item 18 Page 10 Disclosure Statement Disclosure Statement CStu 4IG 8mdh Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,crosstollateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the financial institutions. BB&T/Truist Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?it Yes ❑ No • If yes,identify the firm or individual providing the service. W.Kent Early 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes i No • If yes,identify the firm or individual providing the service. 5. Is the-e ary other pending or proposed purchaser of the subject property?❑Yes E No • If yes, dent the purchaser and purchaser's service providers. 2Irass Kim deRocheblave Barker Agenda Item 18 Page 11 Disclosure Statement Disclosure Statement A/13 c]ry•1' !•ys# Planning&Community ... Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Id No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Ia No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Oil No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature Ktm / LJlc4r_ Print N#ne and Title. //Date Is the applicant also the owner of the subject property? i Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Ail disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of pm 1 12-17-20201 Signature waLMaler As per the applicant,there are no i Print Name Will Miller anticipated changes before the January 19, 2021 CC public hearing. Date: 12-17-2020 3 I P a g e Kim deRocheblave Barker Agenda Item 18 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. Kim deRocheblave Barker Agenda Item 18 Page 13 0 Q 0 OC 0 Od ---- -----\ u_ 6I Q ei N. = / 1' a_ i. NJ j I! I- M • %SIWiEIaW o w ���� aco 4/21- 4 Icjill i- ..‘: *- 1 w f- ; ,., . la7Ie. % &i1. . Cl) Q - - Al co LU 1 ,wilip cx,T.51 \ u ..‘ .,, ,),,_ •4-11.14 cc w ill. :::' A . •04,6 . ,z, — - i ..c, a, . ',t "'Ng c.a. c) $ a�i : rn ir: z,-, - �4117 \.:w -4:yam . co Item # 18 Kim deRocheblave Barker [Applicant and Property Owner] Conditional Use Permit (Short Term Rental) 3625 E. Stratford Road December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner : Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda as these applications meet the applicable requirements of Section 241 .2 of the Zoning Ordinance, Staff supports the applications, and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1 , 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. 1 Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 2 1. The following conditions shall only apply to the dwelling unit addressed as 3625 E. Stratford Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 3 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except 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 one (1) rental contract 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 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. 4 Hoa N. Dao From: Cheryl Mansfield <crhmansfield@gmail.com> Sent: Wednesday, December 9, 2020 8:01 AM To: Hoa N. Dao Subject: Hearing - Conditional Use Permit for 3625 E Stratford Road CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir or Madam, We are the owners of the home immediately next door to 3625 E Stratford Road. My understanding is that there is a hearing today regarding the issuance of a conditional use permit to allow short term rentals at that address. This appears to have been going on the majority of this year already. Below is the link to the rental on VRBO. We are opposed to the issuance of the permit at this time. There have been many different people coming and going at that residence and while most are quiet, there have been a few who have been. That duplex was built pretty close to mine - my home is one of the few original Ocean Park homes. All of my bedrooms are on the side of the house closest to that one. There are decks on both the front and back of that house where people like to congregate. It is not always quiet at night. While we hope everyone can enjoy being close to the beach, we would not like to see Ocean Park turn into the Outer Banks with short term rentals. Link to VRBO ad: https://www.vrbo.com/1609685 Thank you, Cheryl and Rick Mansfield 3621 E Stratford Road 1 From: Amy Frostick To: William N.Miller Cc: Summer J.Peebles Subject: Re:Stratford Treehouse,LLC Date: Thursday,November 5,2020 7:04:02 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. K. Barker is the owner. I worked with her back in the day at USAA and she asked me to send in a letter. Thanks Live, Love, Keep Running, Amy Frostick J&A Racing I Owner 3601 Shore Drive Virginia Beach,VA 23455 P: 757-412-1056 C: 757-289-9065 Email:amyCcr�jandaracing.com Website:www.jandaracing.com On Nov 5, 2020, at 6:49 AM, William N. Miller<WNMillerru,vbgov.eom> wrote: Good morning Ms. Frostick, Thank you for your email; however, I'm unfamiliar with Stratford Treehouse, LLC. We do have a Conditional Use Permit application for a Short-Term Rental at 3625 E. Stratford Road. The applicant and owner of the unit is K. Barker. Could this be the property you are referring to? Will Miller Zoning Inspector III Short-Term Rental Team Planning Department Zoning Administration 2875 Sabre St. Suite 500 Virginia Beach,VA. 23452 757-385-5066 (voicemail) From:Amy Frostick<amyPjandaracing.com> Sent:Wednesday, November 4, 2020 8:21 AM To: William N. Miller<WNMiller anvbgov.com> Subject:Stratford Treehouse, LLC CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi William, My husband and I own J&A Racing and the building located at 3601 Shore Drive. We have had no issues at all with the residence of Stratford Treehouse, LLC. I walk by it daily with my dog and have several friends in the neighborhood that have not mentioned any problems. Please let me know if you need additional information. Thank you. Live, Love, Keep Running, Amy Frostick J&A Racing I Owner 3601 Shore Drive Virginia Beach,VA 23455 P: 757-412-1056 C: 757-289-9065 Email:amy@iandaracing.com Website:www.jandaracing.corn From: Megan Smith To: William N.Miller Subject: short term rental//3625 E Stratford Rd Date: Wednesday,October 28,2020 4:30:33 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Miller, Kim Barker and I each own a condo in a 2-unit building(3623 and 2625 E. Stratford Rd). I use my condo as my residence, while Kim uses hers as a rental property. I am aware that she uses the condo for short-term rentals, and I am amenable to this arrangement. Thank you, and I can be contacted at 217-413-8288 if you have any follow-up questions. All the best, Megan Smith From: im To: William N.Miller Subject: Fwd: Date: Monday,November 2,2020 10:45:09 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Will, this is from one of my guests. She is supportive of STR's and of mine. R/Kim Forwarded message From: Wenona Lowery<zach2seth@gmail.com> Date: Fri, Oct 30,2020 at 11:57 PM Subject: To: <kbarkerl 1 l 1@.gnail.com> My name is Wenona Lowery and I prefer to stay in short term rentals. First of all it is more relaxing and you are able to interact with your family and friends in a more intimate and homey atmosphere. Unlike hotels and motels alike,the houses that I have rented are relatively cleaner and are usually presented to the guests in the same manner that the host would maintain their home. Especially now during the pandemic, short term rentals are by far a safer alternative to hotels. Due to my son being stationed in Norfolk, I will only consider short term rentals for my stays in Virginia because the rentals far outweigh the accommodations that are being provided in the Norfolk/Virginia Beach area. ;-:0-11 11.'-- 3 li 101110 . 4011. ____10 c:, ----,.';., _,, All1 wow' lin T _ ..17- ASI:0\1. ii '''', , CD 11 \ so : CO pe _, agi �� 0..11-.- IPV = for 00 ,....„,---, , , \ c) • .4. ivw , ..‘ ,...„ O \0 • \ * CD ........... I 1 0,„ - - me e,„,,, ,_. . . _, Li, \\ _.-------10 NircANG C \----\ ;ce —I }I cis .2 Veil0— _—_-5---------------_ iikkk, 0 'En 4-7' ---,....,..A. ct 0 \ H lia 'A CD\\Cs A ' C ci) . Q::H___.__---,----C3- \50, \ \ 6---, AO 'S 1\rill 1 OA CD (1) 1•1=‘$\ 4 02. • C( CC 0 a) �o OOP y. I` Nill j s A 0 - ii. \ _CU N ` 0 ....A N k \_______ \. w ....le- i o ‘‘‘ N • \ _ _ Ii., II no .? o Q N C Y _ O ` lik \\ ' - .' , • IMI o 5 c , cy', 4 it? , -1',, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: RED LION PROPERTIES, LLC [Applicant&Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 401 21st Street, Unit 5 (GPIN 24270854826410). COUNCIL DISTRICT — BEACH MEETING DATE: January 19, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental within one dwelling unit on property zoned OR Oceanfront Resort Form-Based Code District. The subject unit contains one bedroom. The minimum number of parking spaces required for Short Term Rentals is one per bedroom, or one space in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a one- bedroom Short Term Rental is three; however,the recommended conditions reflect City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one, which has been accepted by the applicant. • Considerations: The subject property lies within the Resort Area of the oceanfront; specifically, the proposed Short Term Rental is located within the Sea Crest Condominium complex, which consists of two buildings containing a total of 16 multi-family dwelling units on 0.4 acres of land. The site also includes 17 paved parking spaces with each unit permanently assigned one space. The surrounding property consists of a myriad of uses, including, but not limited to, retail establishments, hotels, high and low density residential, and commercial parking lots. Furthermore, the subject dwelling is located 1,200 feet, or 0.2 miles, from the public beach of the Atlantic Ocean. The applicant's parking plan depicts one required off-street parking space assigned to the unit, which meets the provisions of Section 241.2(1)the City Zoning Ordinance. Together with the remaining Short Term Rental requirements found in Section 241.2 of the Zoning Ordinance, as the site is located within the boundaries of the Residential Parking Permit Program (RPPP), a condition is recommended that limits the number of RPPP parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Conditional Use Permit is active. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. Red Lion Properties, LLC Page 2 of 4 • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 401 21st Street, Unit 5, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and Red Lion Properties, LLC Page 3 of 4 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except 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 one (1) rental contract 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 ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Red Lion Properties, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager:PhO Applicant and Property Owner: Red Lion Properties, LLC Agenda Item Planning Commission Public Hearing: December 2020 City Council Election District: Beach 9, Cityof 13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval 2gh Stet Staff Planner _ William Miller ` 1 1.) 24th S"ee� i Location 401 21st Street, Unit 5 _ 2F05veet 22t4A"3°Sty 164 1! 1`st swot, GPIN ,- N7k4 24270854826410 m 10h gt,ee Site Size It___---- ` ,¢ths`n Beach Bmo1e,,.,d 16,900 square feet n Y•9' IC , 2b`h Sue'` R Ants Sue•' I. m Existing Land Use and Zoning District \„\ } , Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North _ 21st 1/2Street (alley) _ �.•`; Single-family dwelling, duplex, multi-family "" 22 , e< c, - dwellings/OR Oceanfront Resort ,.►;'-,F ' • South #^�9,�$ , \� � � 21st Street % ". m z Single-family dwellings, multi-family dwellings/ \ , stcee` t or . OR Oceanfront Resort , 2, ~ # • i' .- ° t '' East " Arctic AvenueI ` �'� ", Multi-family dwellings/OR Oceanfront Resort y West it ' • 1 rr, Single-family dwellings/OR Oceanfront Resort r �, 1ka i' • � ji •411441110k 'W4 1 'Sy:ce Red Lion Properties, LLC Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 16,900 square foot site is zoned Oceanfront Resort Form Based Code District. • According to City records,the parcel contains 16 multi-family dwelling units built in 1968. • Staff inspected the site on September 15, 2020 to observe site conditions and take photographs for this report. • The property partially lies within the Residential Parking Permit Program (RPPP) boundary (along 21st Street), where parking during the evening and overnight hours is limited. On-street parking in the 2100 block of Arctic Avenue is prohibited. Based on this, a condition is recommended that would preclude the occupants of the STR from parking in the street during the restricted hours. • No previous zoning violations were found relating to Short Term Rentals at this address. • The applicant does accept City Council's recommended conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity reef \ ` e tree 5 •s.stwill.„ %4 N 1441 0 Amelia � r Ast' ar OW . ..OW' ,,fq y "'20e'� rr 11 to STATUS tor".1 --1 • Denied - ae Q Under Review0 Registered ISth-$tr L`e "'t�'1� Inv Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 Red Lion Properties, LLC Agenda Item 13 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 2-As recommended in condition#16 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 `J 1 ^p51~ Zoning History �—� ,,,' # Request �`, `,c �¢ oR 1 ALT(Two separate row houses on one lot)Approved 04/18/2017 -`� ��` •� '',.J 1 STR(Short Term Rental x4)Approved 07/14/2020 J� � 2n` j/,�� tN 2 ALT(Two separate row houses on one lot)Approved �, c ? 04/18/2017 }' o► j STR(Short Term Rental)07/07/2020 STR(Short Term Rental)08/25/2020 —Ss J ..� 3 ALT(Allow an alternative to the prescribed form for a 2,•tsr D\ detached house building type)Approved 03/11/2014 �;�,, ti OR 4 CUP(Commercial parking lot)Approved 03/10/2009 o "5 , C +' CUP(Open air market)Approved 11/09/2010 -r` Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject property lies within the resort area of the oceanfront;specifically,the proposed Short Term Rental is located within the Sea Crest condominium community,which consists of two buildings containing 16 multi-family dwelling units on 0.4 acres of land.The site also includes 17 paved parking spaces,with each unit permanently assigned one space.The surrounding property consists of a myriad of uses, including, but not limited to, retail establishments, hotels, high and low density residential, and commercial parking lots. Furthermore,the subject dwelling is located 1,200 feet, or 0.2 miles,from the public beach of the Atlantic Ocean.The applicant's parking plan depicts the one required off-street parking space assigned to the unit,thereby meeting the requirements of Section 241.2(1)the City Zoning Ordinance. Together with the remaining Short Term Rental requirements found in Section 241.2 of the Zoning Ordinance,a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.The recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Red Lion Properties, LLC Agenda Item 13 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 401 21st Street, Unit 5,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. 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 Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26,31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2(fireworks),and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. Red Lion Properties, LLC Agenda Item 13 Page 4 13. The Short Term Rental shall have no more than one(1) rental contract 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9,2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020,and November 29, 2020. • 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 23,2020. • 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 3,2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3,2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15,2021. Red Lion Properties, LLC Agenda Item 13 Page 5 Site Layout & Parking Plan I 21 4 STREET (20' RLwO l s f 02 . -0 ' � -- 3 1 � t - oc r .., O ia, .. f W n , . I-- I. U P o it-STORY Ut 1CK/FRAME 1 i APARTYPT BUM A et L_.' r I - I I zfirr ( .o1) 9' x 18' assigned parking space for unit #5 Red Lion Properties, LLC Agenda Item 13 Page 6 Site Photos I a-- .-...._- ---1— - ----- -----4444 ---- le -..._. . _ _ ‘"-- kill ' • f " "' - -''' iv — - ii: • 7 : 1 _.:__ t. -.41 • E 7- ','•-;: IL ' w 111-41 --'' . .,-1.-•lib - ... -- -. -------,-,----- - 40 —--- •Va - -- 9 ..9 -'-----,----- .• - , ' - - .1:110141XWW:7‘ \ '•e \k* --! .. k'': U I1II ,,,, I I - - - , . 1111.1111116- - ' . A • . 4.). . Hi•.! of, . •, i, -,_ , .....- ... ,,1 1. lii _ ill 1 . am— ,' ""7". . '. ' .' , ,- :`,r.J. E•''• • I ' pl.c•-':- I 1 • ' .L . 1 j 4 • 0--4•4,14roc--t* , _ i _ -.-_ _ _ I----- 7,-: M., lij • * .t ,. •; ...,,_._,,,,_..-, _-„_:___ _.. ___, 0100011061' - -, .. .•.._ , -,,,..„:„.. , -.,-_-.----,,,•-,,-- - '• `, Red Lion Properties, LLC Agenda Item 13 Page 7 Site Photos ai r— • if e ■ • • ( 'yam `; ?J 401 21st Street, Unit 5—Assigned parking space Red Lion Properties, LLC Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Red Lion Properties Does the applicant have a representative? M Yes 0 No • If yes,list the name of the representative. Jason Sampson Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?ei Yes Li No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Jason Sampson,Managing Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Red Lion Properties, LLC Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement 'NB Planning&Column nity Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,identify the real estate broker/realtor. Owner is a licensed agent in the Commonwealth of Virginia 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. 2I Red Lion Properties, LLC Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement \43 e1::. •fuyn,eS.,xh Planning& Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes NI No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Z Appli ignature ason Sampson,Managing Member Print Name and Title 09/01/2020 Date Is the applicant also the owner of the subject property? IA Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commisiion and City Council Meeting`- that pertains to the applications l no hanges.sof Date 12-21-2020 sisn,wre wa1'Mfuer Mint Name As per the applicant,there are no I Will Miller anticipated changes before the January 19, 2021 CC public hearing. Date: 12-21-2020 3I Red Lion Properties, LLC Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement Virtimte Planning&Community Development Owner Disclosure Owner Name Red Lion Properties Applicant Name Red Lion Properties Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? II Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jason Sampson,Managing Member • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,iii)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. 5I Red Lion Properties, LLC Agenda Item 13 Page 12 Disclosure Statement Disclosure Statement ,„„ imo nl link.' Planning& Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterallzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the real estate broker/realtor. Owner is a licensed agent in the Commonwealth of Virginia 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Si No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes U No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the engineer/surveyor/agent. 61 Red Lion Properties, LLC Agenda Item 13 Page 13 Disclosure Statement • Disclosure Statement Bo •,avrtn.101 Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?D Yes No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. /Si r ft e T� n Sampson,Managing Member Print Name and Title 09/01/2020 Date Red Lion Properties, LLC Agenda Item 13 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 Lion Properties, LLC Agenda Item 13 Page 15 Ln r • z \cis_ - -_ C` w� I— ‘____---,Y---------- - ., \ -- . 000.-H\ \:\ lir. -----dmij:----111111 31 \ . . . , 2 0 •- ----f---1-0 \---11.07i --tiiii im -.. , ,:::;-t__---------,,r1P 00 ...-• ., ,,,.. ' ' I\ . \-- >-- , ' 11 --- '----- c —I , 0 - 7'' -' Ili WI. \ ii. -a 401r 1 , J 4.4 . —ryd\ 1.-0. A—.. \t- .i**A,i,i,W,,d • V C/) d Nt _ --_- *v l 4t \ w..0 0 W 1s` • �_ - fir . A — _-� �\ % °ve _ �IU z .1wig— d ea A 6 I\ N W t'CC l J �ia,, � CU ai v a) Q c a rn fn a ai c ' ti 'tck\ , , of fC 5 go_ 7J \ m Q o x , \ 'ir`;1 t , 1 s i 1 Item # 13 Red Lion Properties, LLC [Applicant and Property Owner] Conditional Use Permit (Short Term Rental) 401 21st Street Unit 5 December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda as these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications, and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right, before, I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter : I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. 1 Mr. Barnes: Aye. Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner : Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE • Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 401 21 St Street, Unit 5, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 3 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except 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 one (1) rental contract 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) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 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 4 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. 5 AC tu ' 0 tW - 10 S z --f. ,-,) 611 ki___„,„.........../".""''''lliat 1011Ik \ i 11,0 ---------- r0 I I MI IS Tit ---:..w „: w o \, % ,_ _, , ir, fig �, 1- N O Saga ,^�,^ \.____-- O _ W Z - It N ce E a) E al\ Z•% • . \\__ P. fc. = Ln 5 N X,: / .W 0 .0_, r;: ___________..... , i . o _N (n Q C t"• O a. 0+ L 0 1 a to En Er)m Q y '= O O N cn a N CL CO r , °.bl� le c......." CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCOTT & JEANNIE WILLIAMS [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 223 64th Street (GPIN 2419638013). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: January 19, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 5,000 square-foot parcel zoned R-5R (NE) Residential District in the North End. The lot consists of one semi-detached dwelling containing three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant agreed with City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This site is located within the North End community, which is primarily single-family and duplex-style dwellings. The subject property is adjacent to an entrance to First Landing State Park and is approximately 1,100 feet from the public beach of the Atlantic Ocean. As this entrance to the State Park is well used, there are more vehicle trips per day along this portion of 64th Street than what is typical in the North End. The applicant's parking plan depicts all three required off-street parking spaces within an existing compacted gravel driveway. Since compacted gravel was a permitted parking surface material when the dwelling was built, the Zoning Administrator approved the parking plan as allowed by Section 241.2(1)of the City Zoning Ordinance. In addition, the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff report. Four letters of opposition were received relating to this request. The opposition noted concerns relating to an increase in traffic volume on 64th Street, a probable need for additional on-street parking, a possible decrease in the safety of pedestrians and children at play on 64th Street, an increased possibility of vehicle crashes, concerns relating to the number of STRs on the block, and worries Scott & Jeannie Williams Page 2 of 4 relating to a possible change of neighborhood character and stability due to the seemingly businesslike nature of STRs. • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 223 64th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Scott & Jeannie Williams Page 3 of 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (4) Scott & Jeannie Williams Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Jf0 City Manager: i,ti Applicants and Property Owners:Scott & Jeannie Williams Agenda Item Planning Commission Public Hearing: December 9, 2020 City Council Election District: Lynnhaven 14 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,tstst."t Approval ,„mst gam gu ea- 4 Staff Planner 6„,5tt William Miller 670 66t„Stre°' Location 65,„gem 223 64th Street b,; st e.0 "PrIF "jvd,t est GPIN 1.001004%.4..... an,s,,est , 2419638013 t,„,s"°`t Site Size *t ' 5,0000 square feet � � Existing Land Use and Zoning District Semi-detached dwelling/R-5R (NE) Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling/R-5R (NE) Residential South 64th Street Single-family& duplex dwellings/ R-5R (NE) Residential East Single-family dwelling/R-5R (NE) Residential West , Single-family &semi-detached dwellings/ R-5R `v.- (NE) Residential Scott&Jeannie Williams Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • This 5,000 square foot lot is zoned R-5R Residential District, North End Overlay, and contains one semi-detached dwelling. • According to City records,this three-bedroom home was constructed in 1976. • Staff inspected the site on October 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day;therefore, any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity • ,a,11 "MO `t i trees 014 - S rge OO SS .� 1 1.4„ •-•ig 01 I OS* 11110 IA trees . STATUS • ..�"� Approved �,���,5 Iree gA• Denied SI°. . Under Review - 0 Registered , QQtb t Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 Scott&Jeannie Williams Agenda Item 14 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 ED �'� - z r 1 t-- ---- Zoning History e' b'mstoA # Request P'1 1 STR(Short Term Rental)Approved 10/20/2020 , R SRiMF- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This site is located within the North End community,which is comprised of primarily single-family and duplex-style dwellings.The subject property is adjacent to the entrance of First Landing State Park and lies approximately 1,100 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts all three required off-street parking spaces within an existing compacted gravel driveway. Since compacted gravel was a permitted parking surface material when the dwelling was built,the Zoning Administrator approved the parking plan as allowed by Section 241.2(1) of the City Zoning Ordinance. In addition, the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.The recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 223 64th Street and the Short Term Rental use shall only occur in the principal structure. Scott&Jeannie Williams Agenda Item 14 Page 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. Scott&Jeannie Williams Agenda Item 14 Page 4 16. To the extent permissible under state law,interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9,2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020,and November 29,2020. • 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 23,2020. • 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 3,2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3,2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15, 2021. Scott&Jeannie Williams Agenda Item 14 Page 5 Site Layout & Parking Plan 37.88' site A site B 5.000 Sq. Feet p. 1 Q deck. Fab/ gemi-detached 13.4'}--- � . dwelling q ` 1 G ` 1 1 't 66 deck Property line • 12718' 1 2 3 50.00' 64TH STREET (80') 9' x 18' parking space on compacted gravel Scott&Jeannie Williams Agenda Item 14 Page 6 Site Photos ,-- -- .. .. ....... . .. .,, , ___ .., _.- .• „. ..-, - , Ask, . . . '-r. -.....--- _--- r- , 41f44.,,•:.- 2-,,_: ....,, b t, - .,,..,. ,. - ,,fr.., . .rn-felikt,',47,'*---r• ' ' - •. ,„ _ ..,,,,, _ .. . : . „.. 4i.i, ..,. 1 , . ,, t - it. , do• .... - , ... 4... ..,.±,.. - — , • hilibh. „ . , i Mb 41%11)1111111Al 1111 _ - — - •-• .- - -le:%,:., ' . -... i %•,.1". . , .. _ : '4 • ' . - . . . . - -...00.--;.... . ...--.„._ ,, ......, - . .. ,., Scott&Jeannie Williams Agenda Item 14 Page 7 Site Photos ., El . .... . . ''''''...4%......4.'''..".%%'-itli tiii.-- , -• •'..! •4', r _ _ _ - - voimil 'ilia I r - v `» .. . , 'NIli \,.. ;� � _ �' mot ,. gi - _ _. -....: - _ __:--T - ,,, :0.1 dr.. s _ - gam'. - Yam. Scott&Jeannie Williams Agenda Item 14 Page 8 Disclosure Statement Disclosure Statement Ca5oj ys:a&wih Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for 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 City board,commission or other body. Applicant Disclosure Applicant Name Scott and Jeannie Williams Does the applicant have a representative? ❑Yes IN No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes III No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1Page Scott&Jeannie Williams Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes E No • If yes,what Is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterallzatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes E No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes E No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes E No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm or individual providing the service, 5. Is there any other pending or proposed purchaser of the subject property?❑Yes & No • If yes,identify the purchaser and purchaser's service providers. 2I Scott&Jeannie Williams Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement N/13 City sfVUvyvrm Boa* Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IF No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any publicbody or committee in connection with this application. piieant Signature Scott Williams Jeanni Illiams Print Name and T le 8/26/2020 Date is the applicant also the owner of the subject property? ( Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 77 77 ® No chows a•of Eh" 12-17-2020 natufe VW'MalerAs per the applicant,there are no ^;ti""e Will Miller anticipated changes before the January 19, 2021 CC public hearing. Date: 12-17-2020 3 I P a g e Scott&Jeannie Williams Agenda Item 14 Page 11 Disclosure Statement Disclosure Statement \A3 pial isin &COC12iiititait. Development Owner Disclosure Owner Name je tty �r_.^n� `'011i,._.s Applicant Name Scott and Jeannie Williams is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes 06 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • if yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles 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. 5 I P g Scott&Jeannie Williams Agenda Item 14 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterallzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes %No • If yes,identify the real estate broker/reakor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes PNo • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes jarNo • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ,ENO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0i No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes eNo • If yes,identify the engineer/surveyor/agent. 61 Scott&Jeannie Williams Agenda Item 14 Page 13 Disclosure Statement Disclosure Statement *S4,13 Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes gt No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein'two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or co Ittee In connection with this application. Owner Slgn tIre . 1,l ��lti�.s of✓' Print Name and Title c h/ Date 7I ge Scott&Jeannie Williams Agenda Item 14 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Scott&Jeannie Williams Agenda Item 14 Page 15 0iii :.6 . ____ ii:,--iii-----_;--ii, ict~ I 0 c ••• Vi •,r0/1 l ieViri 10�,�.' t� c' ..iiiii, ,d �L >r 2 (N ct 1101111i - - in --to WiD ,.. _A) ___„,_ 6 01010 0) . r.alai ma cn —." • t��� .. " �� 11— 2 -^^t0. ;.� ity4 „ , �, raw liva' . __I • 10oti 10.0 _. L 5 -§ 210-000, c cc W 0 z LI Isrillk. p A / v 1l pa � a�i a o = cr til • • 00 , 1 5515 Item # 14 Scott & Jeannie Williams [Applicant and Property Owner] Conditional Use Permit (Short Term Rental) 223 64th Street December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda as these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications, and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier : Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before, I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. 1 Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT • Inman AYE Klein AYE Oliver AYE Redmond AYE • Wall AYE Weiner AYE CONDITIONS: 2 1. The following conditions shall only apply to the dwelling unit addressed as 223 64th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 3 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 Patrick Venditti 218 64th ST. Virginia Beach VA 23451 patrickvenditti@cox.net (757) 735-3224 December 6th, 2020 Mr. William Miller Planning Commission City of Virginia Beach RE: STR -223 64th St. Dear Mr. Miller and Planning Commission, I strongly object to a short-term rental at 223 64th St. Our street is already plagued with significant traffic from the First Landing Park entrance that is on the Cul De sac directly from 223 64th St. There are often moms with baby carriages, children, adults walking and bicyclists riding into the park. The additional vehicles will only worsen the congestion and potentially harm park patrons. On holidays like Memorial Day, July 4th' and Labor Day the traffic is backed up to completely to the end of the street with trucks hauling boats waiting to launch their boat from the boat ramp. The high schools running teams and groups of people use the Cul De Sac to stretch and exercise and the constant flow of new vehicles at the short-term rental may cause harm to unsuspecting citizens. I appreciate the planning commission considering this. Sincerely, Patrick Venditti 757.735.3224 . ' ,4 • - 4` • �.. E° Y w- { • y., is _ .�( 't .'SZIA 4.- - . Y$..�t om ,► 5 v.,_ . Nre -•-: . ',tr.\ - 47-:;" r:r....1;41, �v _ _ - tir a 111411.0 VS/ Y --... I-' From: Gary Cochran To: William N.Miller Subject: 223 64th Street Date: Monday, December 7,2020 8:01:36 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr.Miller, I live across the street from this home and think that it will be a bad idea for a short term rental.The street already is very busy being just outside the park and being a culdesac with a through street that has caused many accidents over the years.The added congestion of a short term rental with minimal parking will only increase the chances for an accident where someone could get hurt. Additionally,I plan to rent out the home(222 64th)adjacent to me to a couple with children.And having raised two boys on this culdesac,I know we don't need anymore traffic. Thank you for your consideration Gary Cochran 220 64th Street (Since 1992) 406-5110 From: Allison Sitar To: William N.Miller Subject: 223 64th St short term rental Date: Monday,December 7,2020 10:20:26 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. 201 and 205 were recently approved as short term rentals. Shouldn't there be a limit to the number of short term rentals on one short block?64th is such a busy street,with so much competition for parking as the entrance to the state park, and being only a block from the beach. The new owners bought 223 for this purpose,apparently. Not to become part of the neighborhood, but as a business.We live on the same block, at 200, and would prefer,for the sake of neighborhood stability,that if 223 must have renters in it,that they be long term, not transients. We know neighbors on that end of the block who are contemplating moving away as a result of this trend.Allison and Anthony Sitar From: Harald Muench To: William N.Miller Subject: Short term rental at 223 64 Street Date: Sunday,December 6,2020 2:35:09 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr Miller I am a Resident at 216 64 Street and would like to object completely to the short term rental at 223 64 Street There is no Parking at that Street the way it is now therefore this Project would be a huge detriment to all Residents Please do not allow that to happen!!! Harald Muench 216 B 64 Street Sent from my iPhone w .,_, 3. . o 0 0 co 0 co 0 0 N 15 11 O LC? \q‘\\N \ i = a , \ 4-6 O = O U \\\ CD C 0 LL \\\C\ '' \ yenLI Ocean Front A\ in Ni. _---- \ 4.+1 Ce `�\ i o a) \ via1 L 1 \:::_________ 1 t oI J ( - S et xv, <s f=: CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: 4500 OCEANFRONT, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4500 Ocean Front Avenue (GPIN 2418975240). COUNCIL DISTRICT — BEACH MEETING DATE: January 19, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 6,845 square-foot parcel zoned R-7.5 Residential District in the North End. The lot consists of one single-family dwelling containing five bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or five spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a five bedroom Short Term Rental is 15; however, at the time of this writing, the applicant agreed with City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This site is located within the North End community, which is primarily single-family and duplex-style dwellings. The subject property abuts the public beach of the Atlantic Ocean and is within easy biking and walking distance to the oceanfront boardwalk and other resort venues. The applicant's parking plan depicts all five required off-street parking spaces within the existing driveway and outside of the right-of-way, thereby meeting the requirements of Section 241 .2(1) the City Zoning Ordinance. In addition, the requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff report. After the Planning Commission public hearing, the applicant's representative offered an additional condition to clarify that the property will not be listed on any online rental platform nor be marketed for rental. The additional condition is identified below with underlined text. There is no known opposition to this request. 4500 Oceanfront, LLC Page 2 of 4 • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 4500 Ocean Front Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 4500 Oceanfront, LLC Page 3of4 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 17.The property shall not be listed or marketed for Short Term Rentals. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (4) 4500 Oceanfront, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department R' City Manager: /V Applicant and Property Owner: 4500 Oceanfront, LLC Agenda Item Planning Commission Public Hearing: December 9, 2020 f City Council Election District: Beach aty oy f 15 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 550,sue•f' ` • +r 101 Approval 5'F�'' ��y Staff Planner �WO, William Miller , d,Sve0 it Location m 9 0 '"paw 4500 Ocean Front Avenue ��'� a° IL o Q./ plleY rio GPIN `� 2418975240 Cavalier Onw @F '' A„a a Site Size ooew ` 6,845 square feet �tlR°'d n Q,, Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-7.5 Residential South Av ` 45th Street, public beach access Single-family dwellings/ R-7.5 Residential fit' East k, } 4` . s' ;� Public beach of the Atlantic Ocean . 4r. t. wii ✓ West i. Ocean Front Avenue ; { Single-family dwellings/ R-7.5 Residential 45mstr , l` •t= s _ I„ -- tR t 1 ;sr s'` , 4500 Oceanfront, LLC Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,845 square foot lot is zoned R-7.5 Residential District and contains one single-family dwelling. • According to City records,this five-bedroom home was constructed in 1959. • Staff inspected the site on October 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Ocean Front Avenue but is permitted along some portions of 45th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity 0 A St)TV., lailkoqt . r+•' h t v " (a n rd • •'j4 ``.et -91 STATUS lam ` qd •� J �, ® Approved \ a a�. • Denied �' 1111 O Under Review 0 Registered Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 5 • Maximum number of guests permitted on the property after 11:00 pm: 10-As recommended in condition#15 4500 Oceanfront, LLC Agenda Item 15 Page 2 • Number of parking spaces required (1 space per bedroom required): 5 • Number of parking spaces provided on-site: 5 • k7.5 : No Zoning History to Report • _..-- 450 street 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 & Recommendation This site is located within the North End community,which is primarily single-family and duplex dwellings. The subject property abuts the public beach of the Atlantic Ocean and is within easy biking and walking distance to the oceanfront boardwalk and other resort attractions. The applicant's parking plan depicts all five required off-street parking spaces within the existing driveway,thereby meeting the minimum parking requirement set forth in of Section 241.2(1)the Zoning Ordinance. In addition, all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.These conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4500 Ocean Front Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning 4500 Oceanfront, LLC Agenda Item 15 Page 3 Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 17. The property shall not be listed or marketed for Short Term Rentals. 4500 Oceanfront, LLC Agenda Item 15 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 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 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020, and November 29, 2020. • 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 23, 2020. • 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 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3, 2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15, 2021. 4500 Oceanfront, LLC Agenda Item 15 Page 5 Site Layout & Parking Plan • Beach and Atlantic Ocean Atlantic Boulevard (unimproved) e S5.69' ``7.19' SLREDIED N PAM j-,,, 27.E9 a h z• LOT O? c`q35• H 4— C V)• h 45th Street e 2-STORY FINE .a ;5 (unimproved portion) 8-' J.4' .�m' 1 m /777/777/ 2&37• 1 2 3 4 0a /I- Edge of asphalt Ocean Front Avenue Property lines 9' x 18' parking space 4500 Oceanfront, LLC Agenda Item 15 Page 6 Site Photos M h* 0y, yam. x I tkilr ' -- 4 ;-- k _ . . . . r. } • i w , s 'o's • Or ` ,,________,r_,__________,_ , , ' °A 0 iSpo.' -1-, i. 111101111.111411111 .\1 A*II II IRI F f -... ri _ + z 4500 Oceanfront, LLC Agenda Item 15 Page 7 Disclosure Statement Disclosure Statement Planning&Community €evelopment The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Dee Branch Oliver Applicant Name Does the applicant have a representative? Yes ❑No • If yes,list the name of the representative. Ann Crenshaw (Kaufman and Canoles) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Dee Oliver • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) l"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(Hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11Page 4500 Oceanfront, LLC Agenda Item 15 Page 8 Disclosure Statement Disclosure Statement Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?IIIIi Yes CO No • If yes,what is the name of the official or employee and what is the nature of the interest? Dee Oliver,Chair of The Virginia Beach Planning Commission,sole owner of 4500 Oceanfront LLC Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ®Yes W No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? mYes INo • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ®No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes •No • If yes,Identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?®Yes el No • If yes,identify the purchaser and purchaser's service providers. Wage 4500 Oceanfront, LLC Agenda Item 15 Page 9 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?a Yes E No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? l Yes ®No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?III Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. Ann Crenshaw (Kaufman and Canoles) Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title By Deana Branch Oliver,Managing Member,4500 Oceanfront LLC Date Is the applicant also the owner of the subject property? al Yes ®No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications p No damps rot °"' i 2-17-2020 sin"'" W ab M• ' As per the applicant,there are no 'r`'tN me Will Miller anticipated changes before the January 19, 2021 CC public hearing. Date: 12-17-2020 3 1 Page 4500 Oceanfront, LLC Agenda Item 15 Page 10 Disclosure Statement i:tisclosure Statement Owner Disclosure 4500 Oceanfront LLC Owner Name Applicant Name Dee Branch Oliver Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ing No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Dee Branch Oliver;Managing Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?110 Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Dee Branch Oliver Chair of The Virginia Beach Planning Commission "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 51F ;tr 4500 Oceanfront, LLC Agenda Item 15 Page 11 Disclosure Statement Disclosure Statement Planning&Comummrif u° Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? a Yes t No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? m Yes © No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ■l No • if yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes U No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?®Yes it No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes U No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 1111 No • If yes,identify the engineer/surveyor/agent. 6 ( PBI;r 4500 Oceanfront, LLC Agenda Item 15 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?Ill Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. Ann Crenshaw(Kaufman and Canoles) Owner Signature I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I under-stand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. mL9 s: i C irzw-1-.1 l�e • Owner Signature • By;Deona Branch Oliver,Managing Member,4500 Oceanfront LLC Print Name and Tide / Date 71Page 4500 Oceanfront, LLC Agenda Item 15 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. 4500 Oceanfront, LLC Agenda Item 15 Page 14 w D Z I w U Q O -- 0 - o j -it V'1 k----- '2,.r- 7C35 --T----------c-1, lt: ;,;:-7------ t 15Vi. D _ f.-_,: % VS33-- " \ _ ,__-, _ _ , •'.„ r-------7 'r -----A - -- . - \-.-.__ ps.:4 . ,- .\_ _ ...., _ _ = ia,,,,„,_ .___ _/5 ___.„4-.1. ,, Z flv. 76 < -01 0 0 N a o 0 a ae • oo N Item # 15 4500 Oceanfront, LLC [Applicant and Property Owner] Conditional Use Permit (Short Term Rental) 4500 Oceanfront Avenue December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda as these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications, and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before, I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. 1 Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of eight to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver ABS • Redmond AYE Wall AYE • Weiner AYE CONDITIONS: 2 1. The following conditions shall only apply to the dwelling unit addressed as 4500 Ocean Front Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 3 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 Short Term Rental Letter of Support For 4500 LLC 4500 Oceanfront Avenue Virginia Beach, Va. 23451 Dear Planning Commission and City Council Members, We have been informed by the applicant of 4500 LLC of the upcoming public hearing for a conditional use permit for a short term rental. We support this application of their home. Name AAR, a11c iY1LaS Ciwi k Ia Address I-(50 Ot ci Avn & Rx_aci VA 93#5 IIlIc_fi � u ' ( Ui. a q) oaSi nature Date O Short Term Rental Letter of Support For 4500 LLC 4500 Oceanfront Avenue Virginia Beach, Va. 23451 Dear Planning Commission and City Council Members, We have been informed by the applicant of 4500 LLC of the upcoming public hearing for a conditional use permit for a short term rental. We support this application of their home. Name - E 'Lker :Titko4'(��'�G nte- �C�hcc``% I ,L Address /07 A7L) ' ST Irl�i111L:ja)eu_ , VA L2S sJ Signature '.I a — afr t Date Short Term Rental Letter of Support For 4500 LLC 4500 Oceanfront Avenue Virginia Beach, Va. 23451 Dear Planning Commission and City Council Members, We have been informed by the applicant of 4500 LLC of the upcoming public hearing for a conditional use permit for a short term rental. We support this appl, a ion of their home. Name 1V\ > ,Address :C� �`1 ,`'txk Signature Date o - j‘) Short Term Rental Letter of Support For 4500 LLC 4500 Oceanfront Avenue Virginia Beach, Va. 23451 Dear Planning Commission and City Council Members, We have been informed by the applicant of 4500 LLC of the upcoming public hearing for a conditional use permit for a short term rental. We support this application of their home. , Name M1a _Q-3c1Z'- 1 - K0\- kV- ` Address DO LA )1 S--- ‘\16 \CQ � 3 �� f Signature Date _ �_ `J • d z •4� L� O CD ci Q o I co o 4, r 01 . 'N'> ,____, s ci),:, . , Io --CO O Ell a) w 1 2 = ii,________ : . > Q AUL/ CD C N._ N . �1/01 J 1111V4111 i C: _____,_.,:, a /*p� Miluarisa-mma.... ri, ., i WN _______any,. mgmit �Q / f0 ] QD rn killal N Q lt --7 i a) > 0 o ftily � aii IItile +_-' O 7 it -11. 14111 0 , 0 N aft _ = IRI1I ! GNU t � �j T' ;(ie./! $si CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WALTER LEE BURNETTE [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 926 Maryland Avenue (GPIN 24178362850000). COUNCIL DISTRICT — BEACH MEETING DATE: January 19, 2021 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on a 3,322 square-foot parcel zoned A-24 Apartment District. The lot consists of one townhome dwelling containing three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This property is located within the Pinewood Cove Townhomes subdivision, which was platted in 1972 and contains 33 townhomes. This townhome contains three bedrooms and requires three off-street parking spaces. The proposed parking plan depicts all three parking spaces within the driveway in front of this unit. Since one of the spaces encroaches slightly into the right-of-way, the plan was reviewed by the Zoning Administrator in accordance with Section 241.2(1) of the City Zoning Ordinance and found to be acceptable. Furthermore, the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One citizen spoke in opposition to the request at the Planning Commission public hearing. The speaker relayed concerns focused a commercializing of the neighborhood, increasing traffic on the street, creating parking difficulties, generating noise from large gatherings, and alleged back yard nudity associated with an existing outdoor shower on the subject property, which is located behind the existing privacy fence. Walter Lee Burnette Page 2 of 4 • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend denial of this request by a vote of 4 to 4 and to approve this request by a second vote of 4 to 4. Because of these tie votes, the outcome was to deny the request. If City Council chooses to approve the request, the following conditions are recommended: 1 . The following conditions shall only apply to the dwelling unit addressed as 926 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Walter Lee Burnette Page 3of4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (2) Letters of Support (16) Walter Lee Burnette Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department ? City Manager: 14 1, Applicant and property Owner: Walter Lee Burnette Agenda Item Planning Commission Public Hearing: December 9, 2020 City Council Election District: Beach 16 City uJ I. Virginia Beach Request Conditional Use Permit (Short Term Rental) 1 i \. Staff Recommendation tree, Approval ©— 5ms SW Slr eet v. ,,,,to t70h street 1 Staff Planner William Miller /�Zt stee` Lake°rve �_ / y D Norfolk Avenue h,SSU• WI'Street D Location �° 926 Maryland Avenue /t so St{ec\and A°enu " n O MarY ve'" WareA O�ac00,3 Aver, enoe GPIN `T' Blum Av tAyen,,c 24178362850000 Preserve Dry `°11, wkkgb on AVenoc Gannet Run $ 4 `leace Site Size Goose Landing }� 3,322 square feet a Existing Land Use and Zoning District °wlsacek Pane `°c er Townhome dwelling/A-24 Apartment N ��° Surrounding Land Uses and Zoning Districts North Maryland Avenue Townhome dwellings/A-24 ApartmentR .#, ,,..• .. South Townhome dwellings/A-24 Apartment e ., East F Nil Single-family dwellings/ R-5S Residential Maryland r I Avenue West r - Townhome dwellings/A-24 Apartment I `r f 4 .�-, t'.. , , L. Derawa,,Averu.. r Walter Lee Burnette Agenda Item 16 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,322 square foot lot is zoned A-24 Apartment District. • There is one townhouse located on this lot; however,there are eight townhouses on this row. • According to City records,this three-bedroom townhouse was constructed in 1973. • Staff inspected the site on October 6, 2020 to observe site conditions and take photographs for this report. • The parking spaces for each townhome on this street are equal to the width of each lot.Therefore,there is no area left for on-street parking in the 900 block of Maryland Avenue. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity '- / ira'tawa. \n,\._ _: • - Ille ' -.AMU miss Aitirolic WS; 11010* • OS lag VIC 1E. 4 . sal !H� �aa�■MA C 1I I r �O �N��'11'` .t .,,; S®lU�roved • ALL kris.' 11 1* n • Denied >�� �.�r• 11. - . Q Under Review ~Illg,,ta „Itr.07 Q Reg stared\ �\.\\\(\.\\ \ - Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 Walter Lee Burnette Agenda Item 16 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 • 1 2 _ Zoning History t % # Request IVIJ E. 1 STR(Short Term Rental)Approved 09/08/2020 i' 1ii listal �!�� �, 2 STR(Short Term Rental)Approved 02/04/2020 /� 3 STR(Short Term Rental) Indefinitely Deferred 07/08/2020 1 111111 Delaware Av►nue •f t- 3 18. \ 1 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation & Recommendation This property is located within the Pinewood Cove Townhomes subdivision, which was platted in 1972 and contains 33 townhomes. This neighborhood is bounded by the subdivisions of Indian Circle Townhomes to the north and Delaware Townhomes to the south.The townhouse contains three bedrooms and requires three off-street parking spaces. The proposed parking plan shows all three parking spaces within the driveway in front of this unit. Since one of the spaces encroaches slightly into the City right-of-way,the plan was reviewed by the Zoning Administrator in accordance with Section 241.2(1) of the City Zoning Ordinance and found to be acceptable. Furthermore,the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 926 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. Walter Lee Burnette Agenda Item 16 Page 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2(fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. Walter Lee Burnette Agenda Item 16 Page 4 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • One letter of opposition and 16 letters of support were received by Staff related to this request.The sender of the opposition letter would not provide their name or address; however,the letter states that they"live in close proximity to the property applying for the Conditional Use Permit." • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9,2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020,and November 29,2020. • 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 23,2020. • 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 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3, 2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15,2021. Walter Lee Burnette Agenda Item 16 Page 5 Site Layout & Parking Plan fai /ZY, . 2StoryFr.& Site 2 Parcel A A Br House ao #926 Site 1 3,322 SF 0.0763 AC _J_ %- I concrete 3-foot Concrete 26'utility 8 stormwater access easement • channel 9' x 18' parking space Walter Lee Burnette Agenda Item 16 Page 6 Site Photos ,,y3 •.� i. (r;1 jam; 1 7 , _ t e • .>~A if .-_ - a-^a Google ,1; \ 'i ' =# '� .i.... ham.�. » �,_ S L 1 .�, f _ .. dF- ri '- yam, r =T � - �.. --' ._ . f yaz >- `r`s4 926 Maryland Avenue. Walter Lee Burnette Agenda Item 16 Page 7 Site Photos ' :---, 44.!.-' - ...,Y :'... ...,,,4. . ,. . ‘-'• • ,- . .'r It v , r no NE 4.`- - _ - � r it a.du� z .. - E ..,sr , ♦ •n — t , 4 y .i i cy. -- • x '_,,,,,,Li...._ L L. Walter Lee Burnette Agenda Item 16 Page 8 Disclosure Statement Disclosure Statement Planning&Commun't Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name _ /JAG Does the applicant have a representative? ❑Yes ,21FO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes Ro • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1IPage Walter Lee Burnette Agenda Item 16 Page 9 Disclosure Statement Disclosure Statement « tivirsia Bark Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes )Nil • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? { Yes ❑No • If yes,identify the financial institutions. f44LRA<- Nea/ U.wo.J 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes • If yes,identify the real estate broker/realtor. 3, Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property fes 0 No • If yes,identify the firm or individual providing the service. ///72{?/.S/ M/2 * roAi / L_=6 11(4)6 --__ 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?D Yes�0itro • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ,--Ergo • If yes,identify the purchaser and purchaser's service providers. 2IPapr Walter Lee Burnette Agenda Item 16 Page 10 Disclosure Statement ,isciosure Statement revenm Rtu0+ Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Li No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connective-with the subject of the application or any business operating or to be operated on the property?❑Yes L.!No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature 1./4-L7E/L A a"u 2"Vg712_ /( OuN�2� Print Name and Title 5/.22 /,. o2O_Date Is the applicant also the owner of the subject property? i Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ Nodnnge§asof Date 12-17-2020 Slam". WI.U/Maier As per the applicant,there are no , oin`'' Will Miller anticipated changes before the January 19, 2021 CC public hearing. Date: 12-17-2020 Wage Walter Lee Burnette Agenda Item 16 Page 11 Disclosure Statement Disclosure Statement .4_ Planning&Community Development Owner Disclosure —'` Owner Name vi Li& - LEG /5 iii2 v[rr1 Applicant Name _/v t-1E/L LEsv f�iz v�>Tc_ Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yeso • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(Ii)a controlling owner in one entity is 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. 51Page Walter Lee Burnette Agenda Item 16 Page 12 Disclosure Statement Disclosure Statement VB Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? �s ❑ No • If yes,identify the financial institutions. L17NCs c� D�RA• - _�/1E/J�i Gc-v/c;." _ 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? OYes r" "" • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property.2,0 Yes ❑No • If yes,Identify the firm or individual providing the service, 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes .„.12-11io • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes JErIVo • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ,u No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the engineer/surveyor/agent. 61cace, Walter Lee Burnette Agenda Item 16 Page 13 Disclosure Statement Disclosure Statement syn/%IvAil Naas; Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I`go If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature A/A-L 41/4.0 rfe— Print Name and Title j/ZZ/ ZOZv Date ; l Walter Lee Burnette Agenda Item 16 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. Walter Lee Burnette Agenda Item 16 Page 15 0 �- u , -'� lt�� Ayen `, ,7 ii ? 0 ,,__77._-:,_-_I- , Z la -- ---'' 11 '" - •Sil LJJ 1--- t° W ';----dallasitOri#1 la --- -V-- C- z 1 •f� ili�►��I�s f 1'' ~_1 _ _ , , -** _,,_,- < cc AA 1 TillivilliiirdiA..- 0,_.-g -‘icg- -- --. t'lla lak to -. se _-,z- ii-t, op i___>- LD _____,,rv---._----------11.' ---‘ .., 0101,,. ..,., „ 5--V.14 :_:__---01 0 Sig %,::\ . 1 • gall ..1 1 * *I \\ . ...... ol 1 E. _ it ass � pcc z .00 C �' _ � Q`/ e a� v' m > //' w \ ► J I eM )pna ysaeW CC '"--s. i i N, 41/4' JCI* I L Q _ , 6" g 13 T_ ;' ) i Item # 16 Walter Lee Burnette [Applicant and Property Owner] Conditional Use Permit (Short Term Rental) 926 Maryland Avenue December 9, 2020 RECOMMENDED FOR DENIAL — HEARD Ms. Dozier: Next item is item number 16, Walter Lee Burnett, an application for Conditional Use Permit Short Term Rental at property located at 926 Maryland Avenue. Is the applicant present? Ms. Oliver: Welcome, if you will state your name for the record, please. Mr. Burnett: Walter Lee Burnett. Ms. Oliver: And, can you tell us a little bit about your, I am sorry we are on number 16. Great, thank you. Tell us a little bit about your rental property, please. Mr. Burnett: Sure. I bought the property about two years ago it was in need of renovation. I invested about$25,000 into it,worked with my neighbors next to me where we paved the parking area which had not been paved in years. We stay there probably just as much as we do rent it as well. So, I am a native of Virginia Beach I grew up here, went to Green Run High School. And, we basically rent it out to help pay the payment. I live in Richmond at this time. But we are down here quite a bit and have quite a few friends on Maryland Avenue, that we all support each other and taking trash out making sure grass is cut; things like that. Ms. Oliver: Okay, thank you. I am sorry you had your hand up George, and you are currently renting it? Mr. Burnett: Not right now. Ms. Oliver: Okay. When was the last time. Mr. Burnett: My last rental was in August, after I spoke with zoning. Ms. Oliver: Great. Thank you. 1 Mr. Burnett: Thank you. Ms. Oliver: Madam Clerk we have some speakers today. Ms. Dozier: Yes, Ma'am. We have two speakers for this item. Carrie Copenhaver. Ms. Oliver: Welcome, if you will state your name for the record, please. Thank you. Ms. Copenhaver: My name is Carrie Copenhaver I live at 603 16th Street. I also have a rental property at 941 Maryland Avenue, and I am in support of Lee's Short Term Rental. I work with him with that as far as being his support, so if he is ever out of town or needs anything, I am right there to take care of it. We also have our cleaner Laura, who lives on Maryland Avenue as well so we are there to help support him while he operates that and he comes in visits and we socialize and whatnot, so, we are in support of his continuing to use that as a Short Term Rental. Ms. Oliver: Thank you. Ms. Dozier: Bill Wright. Calling again for Bill Wright. That would be all the speakers Ma'am. Ms. Oliver: Okay, thank you very much. All right, we will go ahead and close this hearing and open it up to the Commissioners. Mr. Alcaraz: I just had some questions for the applicant. Ms. Oliver: Do we have questions. Mr. Alcaraz: Yes. Ms. Oliver: Okay. Go right ahead. You have questions. Mr. Alcaraz: For Mr. Burnett, yes. Ms. Oliver: All right, Mr. Burnett would you please come to the podium. Thank you. Mr. Alcaraz: Hi, Mr., Burnett there was some opposition that did contact me just recently I was aware of the both of them. But, anyway the question I had is, they said recently you have been renting Short Term Rentals. 2 Mr. Burnett: I have not rented, when I spoke with Mr. Miller in August to figure out how the process should work. That is when I stopped renting. Mr. Alcaraz: Okay, you live here. Mr. Burnett: I live in Midlothian and I am from here, but I do spend four to five months a year here. Mr. Alcaraz: Okay, the opposition, they are close proximity to you. And, what I was told is there were some problems and it was not taken care of in a timely manner. Do you have a manager locally that is going to handle that and is that contact information, public. Mr. Burnett: I have never heard of any problems. I have a 4.98 rental average on VRBO. Mr. Alcaraz: How do you get that. Mr. Burnett: How did I get it. Mr. Alcaraz: Yeah. How did you get that rating. Mr. Burnett: Oh, man I take incredible pride in making sure that I do everything to take care of the property really. I put in sod in the yard, I put up a new fence. Mr. Alcaraz: Who rates that. Mr. Burnett: The people that have stayed in the past. Mr. Alcaraz: That is what I am asking, how many of those did you have. Mr. Burnett: I do not know the number, actually. This year it is not been as many as the year prior. The year prior I had probably 25 maybe I am not 100% sure of that number. Mr. Alcaraz: So, my concern is we need a timely manner if there is a problem, and I need to make sure that for the neighborhood, for quiet enjoyment it is taken care of in a timely manner and that is what I want to know is who is your manager locally. And, are they available and is it public record on who they can contact if there is a problem. 3 Mr. Burnett: So, the answer is I have Carrie Copenhaver, obviously that is available, she lives close by, I have Laura, our housekeeper that lives right down the sidewalk from me. I also have Kelly Trebor here who is number 17, on this list that we are neighbors in Richmond and neighbors in here and we all support each other. Like I said, I did grow up here. The people that are renting have my phone number. They have my wife's number. Mr. Alcaraz: I am talking about the neighbors if there's a problem. How do they know who to call. Mr. Burnett: The neighbors. I do not know the answer to what the neighbors, certain neighbors they may, some neighbors have like my next door neighbor and two doors down for example, Brian has my number. My neighbor on the other side has my number. So, there are multiple neighbors that do have my phone number. Mr. Alcaraz: Okay. And, the reason I bring this up the opposition was actually one of the guys just walked in, so, I let them divulge that. Thank you. Thanks. Mr. Burnett: Thank you. Ms. Oliver: Madam Clerk I think our other speaker might have just walked in. Ms. Dozier: Would you like me to recall him. Ms. Oliver: Yes, please. Ms. Dozier: Bill Wright. Mr. Wright: Hi, my name is Bill Wright. I live at 904 Maryland Avenue and I am opposed to this Conditional Use Permit. We live in a quiet neighborhood, and we do not want to commercialize the neighborhood. This property has been listed since March 2019, so, we have some experience with some of the renter's there. There has been a lot of traffic. There has been several parties in that facility. There is also at times, I think some commercial trucks have been parked in there. I think there is some construction crews that come in and rent the place as well. So, there has been a lot of traffic. And, we are concerned about the parking issues there. I think there is supposed to be three spots but there is no on-street parking there, so, we are concerned about that. There is no real on-street parking it is those three spots there, so, we have had construction trucks parked there, and this has been a lot of activity over the past year or so there. There is also, I believe he has an 4 outdoor shower in the back and although I have not been a witness to it, I have heard that there has been occasions where there has been some nudity in the backyard and there is kids in the neighborhood and that sort of thing, so, we are concerned about that as well. So, I just wanted to stand in opposition to it. Ms. Oliver: Do we have any questions. Thank you very much. Mr. Burnett would you come back up to the podium, please. I think Commissioner Weiner has a question for you. Mr. Weiner: How long have you been paying taxes on your short term rental. Mr. Burnett: Since day-one. Mr. Weiner: When was that. Mr. Burnett: Well, I bought the house in November of 2019. I did some renovations, I believe. I went to City Hall in March or maybe February of. I bought the house in November, I am sorry of 2018. Mr. Weiner: Okay. Mr. Burnett: I went to City Hall in probably February of 2019, to do the business license and things like that. Mr. Weiner: And, that is when you start paying your taxes then. Mr. Burnett: Yes, sir. Mr. Weiner: And, they did not tell you about Conditional Use Permit then. Mr. Burnett: Not at that time, no. Mr. Weiner: Okay. Mr. Burnett: It was later in the year that they came out with that first set of rules. Mr. Weiner: Did you buy this house specifically for Short Term Rentals. Mr. Burnett: Not necessarily. Like I said, I am from here my parents obviously lived here until they retired. When my parents moved away I decided, we were coming down here and spending time with friends. And, I just was tired of, basically 3 staying in people's houses and staying in hotels and this and that, and I do stay in the house quite a bit. I would like to address Mr. Wright's additional comments also, if I may. There is a shower on the side of the house, my property is surrounded about six-feet tall privacy fence and the shower is also surrounded by a privacy fence. So, I am not sure how people walking around nude in theory would be something that someone will see personally, but I have a strict, very strict no party policy. And, I have never heard anyone say, I will be glad to share my contact information with Mr. Wright. I do not know him, and I have never met him before. But as far as trucks parking, it is only been in the last few months that the city has come up with the three parking. I advertise my house for two cars. And, if there has been a work truck it may have been a rental that came in, I do rent to people that want to work here supposedly. Sometimes it is two weeks maybe it is four weeks or whatever, but I do not ask them what kind of vehicle they drive. But, like I said, I do have a strict no party policy, I am aware of that house at all times. I take great pride in that house; I did a lot of work on that house. It is something that I am going to keep, I am just a few years from retirement. And, I will be more than happy to share my contact information with any neighbor that is interested. Ms. Oliver: Anybody else. No, thank you very much. Mr. Burnett: Thank you very much. Ms. Oliver: All right, we will close this hearing now and open it to the Commissioners. Ms. Klein. Ms. Klein: I think one of the problems that I am noticing for vacation homes, is that it is hard for neighbors to tell who is having the party, because they do not always know when the owner of the property is in town. So, if you have a gathering that is boisterous, how is the neighbor supposed to know it is the owner versus it is a renter. That seems to be a theme in people who use the house as a second home. Ms. Oliver: Okay. Anybody else, George. Mr. Alcaraz: Thanks. Well, I do not know whether the other person is going to come, I think it was the anonymous one which I did talk to, but neither here. I took into consideration what I was told. Again, I am all about the neighborhood, I am all about the quiet enjoyment. These townhouses are close together, there is single family homes just to the east of it. It is a community that I 6 think I need to listen and I have heard two people and I am going to go ahead and recommend denial for my district. Ms. Oliver: I have motion on floor for denial, do I have a second. Mr. Wall: I will second. Ms. Oliver: Okay. I will call for the question. Ms. Garrido: Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Garrido: Commissioner Barnes is absent. Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Garrido: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: No. Ms. Garrido: Commissioner Klein. Ms. Klein: Nay. Ms. Garrido: Commissioner Redmond. Mr. Redmond: No. Ms. Garrido: Commissioner Wall. Mr. Wall: Nay. Ms. Garrido: Commissioner Weiner. Mr. Weiner: Aye. Ms. Garrido: Commissioner Oliver. Ms. Oliver: Aye. 7 Ms. Garrido: By a recorded vote of four to four item number 16 has been recommended for denial. Mr. Tajan: So, with a four-to-four vote that means that. Ms. Garrido: Motion fails. Mr. Tajan: Yeah, the motion fails. So, I guess technically the floors open for a another motion. Ms. Oliver: All right, I am going to close it again, and ask for another motion. Do we have a motion on the floor. Mr. Inman. Mr. Inman: I will make a motion to approve. The reason I am is I am impressed with the applicants concern and I find him credible, I am concerned about the party allegations and I think he is ready to deal with that. And, I think he is been responsible, and he has met all the criteria otherwise. That is why I am making a motion for approval. Ms. Klein: I will second. Ms. Oliver: Do you call for the question Madam Clerk. Ms. Garrido: Commissioner Alcaraz. Mr. Alcaraz: Nay. Ms. Garrido: Commissioner Barnes is absent. Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Nay. Ms. Garrido: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Garrido: Commissioner Klein. Ms. Klein: Aye. Ms. Garrido: Commissioner Redmond. 8 Mr. Redmond: Aye. Ms. Garrido: Commissioner Wall. Mr. Wall: Aye. Ms. Garrido: Commissioner Weiner. Mr. Weiner: Nay. Ms. Garrido: Commissioner Oliver. Ms. Oliver: Nay. Ms. Garrido: By a recorded vote of four-to-four motion fails. Mr. Tajan: With that, then you have done both, so, the recommendation is denial by the Planning Commission. There were two motions and two votes on this agenda item. This reflects the votes on the MOTION TO DENY: AYE 4 NAY 4 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston ABSENT Graham AYE Horsley ABSENT Inman NAY Klein NAY Oliver AYE Redmond NAY Wall NAY Weiner AYE This reflects the votes on the MOTION TO APPROVE: 9 AYE 4 NAY 4 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston ABSENT Graham NAY Horsley ABSENT Inman AYE Klein AYE Oliver NAY Redmond AYE Wall AYE Weiner NAY CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 926 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and 10 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. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 11 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. 12 From: oceanaalvb4aol.com To: William N.Miller Subject: 926 Maryland AVE Conditional Use Permit-Short Term Rental DENIAL REQUEST Date: Monday,November 30,2020 2:27:50 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or openn attachments unless you recognize the sender and know the content is safe. Good Afternoon, I am writing today regarding the application for a short-term rental permit for 926 Maryland Avenue,Virginia Beach,VA(reference Walter Lee Burnette(Applicant&Property Owner) Conditional Use Permit(Short Term Rental)Address: 926 Maryland Avenue GPIN(s): 2417836285 Council District: Beach). I would like to formally OPPOSE the use of 926 Maryland Avenue as a Short Term Rental,that application which will be heard by the Hearing on December 9,2020(see Virginian Pilot I Classifieds I Notices I NOTICE OF PUBLIC HEARING A P... (pilotonline.com). We live in close proximity to the property applying for the Conditional Use Permit. We are submitting this letter to request that 926 Maryland Avenue be DENIED the special use permit based on the following experiences to date with this property: • This property has long been used as a short term rental since approximately March 2019 and this is the first time we are aware of either a request for special use permit or notice of a public hearing on the matter. • This property owner clearly has been conscientiously breaking the rules and avoiding the proper City of Virginia Beach protocols for special use rentals for at least eighteen months. • We have experienced large gatherings,loud music, and unusual traffic related to the short term rental use of 926 Maryland Avenue and this has included littering and late night noise/partying(which is uncommon for this area). • This property is rented through VRBO(Vacation Rentals by Owner)under the name of "Beach Retreat"which is meant for `vacation purposes'. You can also view the property and booking history at: Beach Retreat--Private Townhouse-Northeast Virginia Beach (vrbo.com). • The owners put the trash can(s)out randomly even though our trash pick-up day is Tuesday. As a result, the trash can(s) sometimes sit near the street for many days until someone brings them in toward the townhome which is very unattractive. • The owners have an outdoor shower unit with an open-air roof that is visible to some surrounding neighbors and this has presented occasional issues with inadvertent nudity/exposure. • Earlier this year the owner rented the unit to a commercial contractor for nearly a month,with large commercial trucks parked in the parking spaces. Realistically this is not the purpose of VRBO. At this time, we are requesting that our identity remain anonymous for fear of possible retribution. Thank you in advance for considering our request. Concerned Resident, Hoa N. Dao From: SHANNON RADADAUGH <slradabaugh@cox.net> Sent: Wednesday, December 9, 2020 1:02 AM To: Hoa N. Dao Subject: Short Term Rental Dispute/Public Hearing Dec. 9, 2020/ 12:00pm CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Regarding the request for short term rental at 926 Maryland Ave Virginia Beach VA by owner Walter Lee Burnette; This is not an area for short term rentals. It would be dangerous for the small children, disruptive to the elderly neighbors, and disrespectful to the people who have to get up early for work! Everyone close to this unit goes to bed early. There are nurses and medical personnel living directly behind the condo, a couple now working at home who just had a baby, an elderly man dying of cancer, an elderly retired couple living right next to the condo and another retired couple next to our unit, as well as the lady next to us who gets up before sunrise to go to work. My husband and I also rise early for work. There have already been incidences when people stayed in that condo and assumed it was fine for them to play loud music and party into the wee hours because they were on vacation. Understandable, but intolerable to those of us living in close proximity, who then have to bother the police about all the noise! Also,we are all concerned for the safety of the small children and teenagers living in this neighborhood. No one wants an endless stream of unknown people travelling through a neighborhood with vulnerable young children playing in the streets! It is just too dangerous. This is a small, densely populated area, and short term vacation rentals would be dangerous and very annoying to everyone living here. Thank you for your time and consideration. Mr. & Mrs. Radabaugh 1 STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: I - \ ( , Name: 1i'1i t)/ c/is Address: q /r l(,'1,1 6(/ Phone Number: 7 _' �- � ( This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise (or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Sig a ure: y STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: ^JOki mcze_ t2 20.20 Name: C- keele►E a aps.p.S tA.prvonr. Address: CI 4( kit 1)47 Q l..441,30 WE, ‘14- BEA VA 2 - Phone Number: —V5Z (al5 (,ILA' This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict "no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: eiAL*L_. k Vt 4 ":* °r \!"V..Vv-e 44D `DC- qilc a~�G/J t. 4.0 ciSSn4 G„.....i.4.%w+t. Lee. Ine.ectS l.+.S• STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: ` 1' 1 I - " - r/ Name: i , ` ( (06.eve' Y nn14_ ilve \,Cl\(- --1 IP LI�i Address: 7") "A9r/6V Phone Number: 1 c;-1 6 I t This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: 0 y STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: Nov 17 ga 2D Name: Q rkA_ 4-1C2 c l k SO fV y 1 ' Address: Phone Number: 7s-7 _ 1 I3 e V 7 5? This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise (or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: Ala v. 12, 2.02.0 Name: M zj 6:PevuKa✓e7L Address: 9q8 M+4eyc44 4ve Phone Number: -751_ 3? lt_2(07 0 This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict "no party" (ever)policy • He will install a noise (or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: C'D _\ STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: I - 1 ; ` ck49 Name: i(Li --ry bcu 2 Address: 9 301 i fit I _. vti p<ve , Phone Number: eal. z105 c This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict "no party" (ever) policy • He will install a noise (or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: _S--)1/4-1A-0, V .w-L) STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: 1 , 2 0 2 Name: g! '4to 14 I4Cj/j/ i15 Address: 9 3 6 OA ( r L 4!v j9 �-U / j//, , 4(- 171 / v/ c2 3 Y57 Phone Number: -75 7 28 c) 7 This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict "no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: „7., „./1-14 13g A% 11 (40 1 N STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: /'/ / /2_ L Z Name: U (,AIQ (t 1,4 u ('i/V S v 1 /� J�� Address: 9 Z U p 1 rt ky 1u 4 (4 o -t 1//� >>��(�C �I �f .Pi 2- yij Phone Number: - 7 2. 8g - 267 e This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: 6 a I iv 1-1 14 0(%t N s" STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: INw a2o2 v Name: :3-0 is3 c( Address: L‘, M 0 fk v Phone Number: rJ SS 9 - 3 3 3 a g 7 a This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel)monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: _ A ctX� STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: November 24,2020 Name:Patricia O'Keefe Address: 937 Maryland Ave,Virginia Beach,VA 23451 Phone Number: 757-695-7000 This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr.Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr.Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: r _ ,4t' STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: (7 /z/ Z v Z v Name: (4 Al i-I Address: Z 14 r y L .4/l/e V U / CIl Phone Number: �3G8 ' / t q 3 / J77 � ci 7 2 ?77-2 07e This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict "no party" (ever) policy • He will install a noise(or decibel)monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. - Signature: �S ,2Ihti !� I-1 p Imo} S STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: -10 Name: Sb—g mI Address: C(5i lTi it(bII) iYC Phone Number: This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict "no party" (ever) policy • He will install a noise (or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: Z rl t� STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: ll(lq 1245 Name: ' i Address: GiL(4 Hit °l `�L /� � kyr V i� /4 Z Y S�1 Phone Number: - 5 This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise (or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: >l --1 - 20 Name: Z)c,-.-`. ac .�sc Address: `��Y\ cLA.;J At _ .3 L{S Phone Number: 7S ') - 33 3 - This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: A./ eV_ 2°J �2O Name: Cu al, ;f kod Address: 92.. (kh d , Uk-TAII.JA Phone Number: EN+ 513 • it.q5 This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: GjeAp d STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: .�/ /7 V Name: �� � O c k(n e Address: (I C-C I i 'l V/ Phone Number: '7<-7 ,),17._ S cX This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: CA4 STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: i` 3 Name: A,Saraa‘/C/ Address: q S 3 V 14 ,L1 4ve. Phone Number: 75 7- £R(? (,3V b This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise(or decibel) monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained.We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: ami STR Letter of Support to Virginia Beach Planning Commission and Virginia Beach City Council Date: /ad( Name t)b l Vl Ldayre) 'yy) ,� 2� I Address: 9,4 � , ° Phone Number: This letter serves as my support of Lee Burnette's use of his property located at 926 Maryland Avenue as a short term rental in the city of Virginia Beach. Lee purchased the property in 2018 and made immediate upgrades that made significant impacts to our neighborhood of townhouses. Mr. Burnette has expressed to me his desire to rent his townhouse out as a short term rental and has assured us that he will continue to be a hands on owner. He has made the following promises to me. • His house will have a strict"no party" (ever) policy • He will install a noise (or decibel)monitor • Lee will only accept 1 rental per week • Mr. Burnette will only make 3 parking spaces available • He will continue to maintain his property to high standards • His house will have a no pet policy Mr. Burnette has assured us that he and his family will continue to stay at his house as frequently as possible to ensure the property is maintained. We believe approving Lee Burnette's house at 926 Maryland Avenue as a short term rental is of benefit to the neighborhood and the City of Virginia Beach. Signature: 07( co to z ,Aibk ,,, cc ail/ 3 a� LL o CO .....1111111111111111% /4. Nei Lr) I NSW I M o O ilicr as,eri N Lo - J * __` 11111141111 = a) � i N411.41/ aE H N `Q \� 47) Z06 17 II _16,-- , me is , 75 , , - ------, 0 a) V, lie 7 - C N o QA d / / a_ J O O [1:1 i mil O O = Y — "= O cD cq d N d 03 i ,, �• \ r^t`u'^�j„� :„ . ...--„,,, ,,,,,:„..../..„ ....„...,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES & KELLY TREBOUR [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 939 Maryland Avenue (GPIN 2417835415). COUNCIL DISTRICT — BEACH MEETING DATE: January 19, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 2,264 square-foot parcel zoned A-24 Apartment District. The lot consists of one townhome dwelling containing three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepted the City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This property is located within the Pinewood Cove Townhomes subdivision near the oceanfront, which was platted in 1972 and contains 33 townhomes. To accommodate the three required off-street parking spaces, the applicant will utilize the 25-foot wide by 31-foot deep parking area associated with the subject lot. The proposed parking plan shows all three parking spaces within this parking area; the first two spaces are arranged in a typical pull-in/back-out fashion, while the third space is positioned in a traditional parallel manner located directly behind the other two spaces. This parking arrangement is typical throughout the neighborhood. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, the remaining requirements of Section 241 .2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One citizen in opposition was present at the Planning Commission public hearing. The speaker voiced concerns regarding potential traffic increase and parking issues associated with the proposed use. James & Kelly Trebour Page 2 of 3 • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 1 1. The following conditions shall only apply to the dwelling unit addressed as 939 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. James & Kelly Trebour Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (' ' City Manager: ffr-p Applicants and Property Owners:James & Kelly Trebour Agenda Item Planning Commission Public Hearing: December 9, 2020 �' City Council Election District: Beach 17 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation p Approval t D 1 } ce Staff Planner ti 1 William Miller e°e4i. we^) ` a <a+o U.r —7-- I Vs-—1— '," Location 711 • till.1„0_ 939 Maryland Avenue s's �' s GPIN .i; Pres°,veO,,nen kw ° 2417835415 Gannet Run '1Goose LandIng Site Size V-- 2,264 square feet a Gr�„�opAVer,Mue Gldsbe s ro P+ ue Kennedy en O. Owls Creek Lane Existing Land Use and Zoning District Townhouse/A-24 Apartment Surrounding Land Uses and Zoning Districts North _ ,� Townhouses/A-24 Apartment ��' #! i I-andyEpd WS an qr an CI de Southr Maryland Avenue 1.140.4%.k '1 ,_ i SM— Townhouses/A-24 Apartment I. East r .- e Townhouses/A-24 Apartment West Townhouses/A-24 Apartment r landgyen James & Kelly Trebour Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,264 square foot lot is zoned A-24 Apartment District. • There is only one townhouse located on this lot; however,there are eight townhouses on this row. • According to City records,this dwelling was constructed in 1973. • Staff inspected the site on October 6, 2020 to observe site conditions and take photographs for this report. • The parking spaces for each townhome on this street are equal to the width of each lot.Therefore, there is no area left for on-street parking in the 900 block of Maryland Avenue. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity am\ Vi cini ty ' ✓ j / // ' -e.. .[�r }y 1/ k\ a:_:._,--, •, , G c�O SroI. lii4.Yw�,Iu .OIL'jai -7,"Tr-1111' - Gn fhYlU. != • o stiaa ;aaa i a- E :: provedth i d., .r * .Nil y 1 Denied 7\ lOgitt a: ' Under Review -�� h�aa aaaa . e us' �aa 0 Registered 1 \\1 \( �( ` t wr, S',c r n� Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 James & Kelly Trebour Agenda Item 17 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required):3 • Number of parking spaces provided on-site: 3 A-12 11.1111) f ` 5. El. Zoning History Fj LWj_jA., ;/' amirwops E7r # Request jfJ has 1 STC(Short Term Rental)Approved 09/08/2020 • 2 STC(Short Term Rental)Approved 02/06/2020 fir,,,• 41'�11 3 STC(Short Term Rental)Approved 02/06/2020 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—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the Pinewood Cove Townhomes subdivision near the oceanfront,which was platted in 1972 and contains 33 townhomes.This neighborhood is bounded by the subdivisions of Indian Circle Townhomes to the north and Delaware Townhomes to the south.The townhouse contains three bedrooms and as such,the Short Term Rental use requires three off-street parking spaces. To accommodate these spaces,there is a 25-foot wide by 31-foot deep parking area associated with the subject lot.The proposed parking plan shows three parking spaces within this parking area.The first two proposed parking spaces are arranged in a typical pull-in/back-out fashion.The third parking space is positioned in a traditional parallel manner and is located directly behind the other two parking spaces.This parking arrangement is typical throughout the neighborhood. As permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore,the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below.The recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom James& Kelly Trebour Agenda Item 17 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 939 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. James& Kelly Trebour Agenda Item 17 Page 4 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020,and November 29, 2020. • 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 23,2020. • 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 3, 2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3,2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15, 2021. James& Kelly Trebour Agenda Item 17 Page 5 James& Kelly Trebour Agenda Item 17 Page 6 Site Layout & Parking Plan 31.00' c 10.2' • J Lv t" Lot 2 Lot fr• �t (Site 8) (Site I I Townhouse Townhouse TownhouseI . . . . conc. . '.' .• . .26 a • s and F• -sement 20' 1 2 3-foot y a'"'"_ concrete -:,. �-- Front stormwater 1.-. 3 Asphalt _ property channel line MARYLAND AVENUE (50') James & Kelly Trebour Agenda Item 17 Page 7 Site Photos i .c 7l - ,.. . - .1., I-, g ilV Ifrif...'. I -- ," . \ . _ ' ' 01 - i ; , ;r, 1747. re.a try !Ir '" 1 r II `'`, . 1' r Google Street View James & Kelly Trebour Agenda Item 17 Page 8 Site Photos .,,,... - .. iv,- • - -.44iiiipiror .r '7 la , %;;).-,, • • li 0/ * 44. ' rf--.• - , .,., •Nait.:-_-.--I\-. ,'" s'"---. , _ - . . _ 7; .„ ..... ., . L _L_---- - --- - ,0 -,--- - -, • 4 ' — ----,J... - .I AIMIM - ' .4•• .4, —__ _ \ ... . , .. , ) '4*.m 4,, • y,.:,..011:“ . • ._ , -'1:1e&*f,l'•02t ••• ., . , . .. . - . -------". '.'-,----' .r . . ''' - --"'II,.' r rg".4,. • ,... fll z.,...,-- -`- —' '-.,- ''• ' - --'-.':••• .."-r, ,- , :,4.5.4iIrdig'7. _-.--7.;-'"--.:- -'-',.`",:;-.•. , ..---_ --7- • •- - . ..- ,-.- -- - --• LI. '- 'Ai . I I. - i - - ik ; .- .. . .?-1.--- - . - • • . . _ ..,. - __- _____ --, , _ . . ....-- - James & Kelly Trebour Agenda Item 17 Page 9 Disclosure Statement L. Disclosure Statement \43 City•1 virgins B.d, ._,„�.. Planning&Communit} 1.110 Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Kelly and James Trebour Does the applicant have a representative? 0 Yes UI No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes BE No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 perrent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. 1 ) James & Kelly Trebour Agenda Item 17 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I!I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? IYes El No • If yes,identify the financial institutions. Prosperity Home Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? II Yes ❑No • If yes,identify the real estate broker/realtor. Applicant,Kelly Trebour,is a licensed agent in the Commonwealth of Virginia with Long and Foster Realtors 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?IN Yes ❑No • If yes,identify the firm or individual providing the service. Brad Gregg,Gregg and Associates 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 2I James & Kelly Trebour Agenda Item 17 Page 11 Disclosure Statement Disclosure Statement M3 ON 4 Viywren twwA _,,., Planning&Community -'" Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the engineer/surveyor/agent. DKT Associates Land Surveyors,Dennis Taflambas 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1i No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Si nature Print Name7and Title James Trebour and Kelly Trebour Date 0 . rl.6 . 7-U,3Q Is the applicant also the owner of the subject property? III Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Q No changes as of Da1e 12-17-2020 Signature W az,xi ate,r As per the applicant,there are no Print Name Will Miller anticipated changes before the January 19, 2021 CC public hearing. Date: 12-17-2020 31 James & Kelly Trebour Agenda Item 17 Page 12 Disclosure Statement •Disclosure Statement Cuy+ lino* Planning&Commun =. Development - Owner Disclosure Owner Name Kelly and James Trebour Applicant Name Kelly and James Trebour Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ^"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(li)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. 5) James & Kelly Trebour Agenda Item 17 Page 13 Disclosure Statement Disclosure Statement l'uvolou Planning&Community ..:_1- elop vs } Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? II Yes ❑No • If yes,identify the financial institutions. Prosperity Home Mortgage 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,identify the real estate broker/realtor. Kelly Trebour,owner,is a licensed agent in the Commonwealth of VA with Long and Foster Realtors 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?PI Yes ❑No • If yes,identify the firm or individual providing the service. Brad Gregg 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes III No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the engineer/surveyor/agent. DKT Associates Land Surveyors,Dennis Taflambas 61 James & Kelly Trebour Agenda Item 17 Page 14 Disclosure Statement ement cry y L'ulpronx•d Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the name of the attorney or firm providing legal services, Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature b) v JA-e Print Name and Titl 9 Kelly and James Trebour Date 'A g :24).24) 7I James & Kelly Trebour Agenda Item 17 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. James& Kelly Trebour Agenda Item 17 Page 16 t t --A-3V- :\ \--' - I V ` l • 1 LLJ 7 _ 10-, ' 5-4Viti Z t- °IIIfir. D ?�: - ---- w rca so os 00 ---0 cc�i . 6 > \' D rworif loom `;I ' + 0 `` o „terVII : .-N,ei s .,. II . fig 1111. A-ste- \\ - ‘ \\ a+s�� , 0 le i t rot1 'i -_-:_ --AMISIPINVOITI___. V IA kres-so.--_„, iii„m _ ..:, we ;a1 I 442V > N Q / .______ / cc I v) 1-- -\\ ?"\-":-,k.,N . __. 4 Y.\ ` _ N. • 06 AN, , 0 G -// J�'� I • W d t. m Q ,) / / •a y / _ n c lo 'En ( (4 � 8 � � l ' N-44:Arrj1 ., -�. - - H • • O O L l �- f I I I I Item # 17 James & Kelly Trebour [Applicant and Property Owner] Conditional Use Permit (Short Term Rental) 939 Maryland Avenue December 9, 2020 RECOMMENDED FOR APPROVAL — HEARD Ms. Dozier: Item number 17, James and Kelly Trebour application for a Conditional Use Permit for property located at 939 Maryland Avenue. Will the applicant please come forward. Ms. Oliver: Hi, would you state your name for the record, please. Do you mind speaking into the mic or adjust the mic, so, that we can hear you a little bit better. Thank you. Ms. Trebour: Hi, I am Kelly Trebour, you can really hear me now. Ms. Oliver: Hi, how are you, you want to tell us a little bit about your rental unit please. Ms. Trebour: Certainly, it is at 939 Maryland Avenue, it is a three bedroom 1400 square feet town home. And, my husband and I recently purchased it. We closed in November and we intend to enjoy that property as well as rent it. We live across the street from the Burnett's in Richmond and they live across the street here. I am really sad to hear that you have denied his Short Term Rental because he has improved that property that he lives in incredibly so. So, the neighbor over here it is only helping his property value. I am a real estate agent I sell real estate, we know that if you have properties that are not well maintained and you have long-term rental with absent owners. The property it is basically abandoned and it looks terrible. And, you can tell in the communities in his community as well where he lives, they have several homes that are not being maintained very well at all. And in this community, we do have long-term rental that is not being maintained. With a Short Term Rental you have to maintain it to make it look good so people will pay to stay. And, I do not see how that is a distraction to the community or going to hurt somebody else's property value. And, if there is something going on in the home, that is disturbing the other neighbors. The other neighbors already have the contact information. So, I do not understand that at all. It does not make sense on a value side, it does not make sense on your real 1 estate value side as well as tax base for Virginia Beach. So, I do not understand that one bit. But, we intend to enjoy this property. I grew up in Richmond, and grew up coming to Virginia Beach all my childhood, and I love it here. So, that is our intent. So, we have already started to improve the property. Excuse me, I am sorry. Ms. Oliver: That is okay. So, you bought the property for a Short Term Rental. Ms. Trebour: I bought the property first and foremost to enjoy it. Ms. Oliver: And, to rent it out. Ms. Trebour: And, secondly to rent it. Yes. Ms. Oliver: And, is it currently being rented?. Ms. Trebour: I have a long-term lease right now. Ms. Oliver: And, are you registered with the Commissioner of Revenue? Ms. Trebour: No. On my Short Term Rental application it said that you register after this hearing. Ms. Oliver: No, ma'am. You have to register with the Commissioner of Revenue prior to this, unless we have changed something. Ms. Trebour: That was not my understanding and now it is not the direction, it even states in there that you register with the Commissioner after you get your approval. Mr. Tajan: If she is not operating as a Short Term Rental. Mr. Inman: Why would you need to register before you operate as a, it is not a prerequisite to apply for the use permit to register right. Mr. Tajan: That is correct, if they are operating already we do tell them they need to register and pay back taxes, but if they are not operating currently typically we do not require them to register. Ms. Oliver: Okay, because that is not my understanding was that you had to register with the Commissioner of Revenue first, pay the fee. Okay. 2 Mr. Inman: Well, the point would be that if you apply and you are denied for a use permit, why would you ever want to register? Ms. Oliver: Well, that is true. Mr. Inman: You are never going to do a Short Term Rental. Ms. Oliver: It is fine. Ms. Klein: Do you have to register if you do long term rentals? Mr. Inman: No. Ms. Klein: Okay. Ms. Oliver: No, anything under 30 days is considered a short-term. Okay, thank you very much. Ms. Trebour: Thank you. Ms. Oliver: Oh, Mr. Weiner has a question for you, ma'am. Mr. Weiner: Who is the property manager for your Short Term Rental? Ms. Trebour: Carrie Copenhaver. Mr. Weiner: So, same people, taking care of yours. Okay. Yours is just a little different. Okay, that is what we are looking at, okay. This has been looking like that. Ms. Oliver: Mr. Graham. Mr. Graham: Carrie, is she a licensed real estate agent? Ms. Trebour: Yes, she is. Mr. Graham: Okay. All right. Ms. Oliver: Okay, thank you very much. Ms. Trebour: Thank you. Ms. Oliver: Madam clerk, do we have any speakers? 3 Ms. Dozier: Yes, Ma'am there are two speakers. Carrie Copenhaver. Ms. Copenhaver: Hi, again Carrie Copenhaver. I live at 603 16th Street, and also own 941 Maryland Avenue. And just to clarify, I do not manage her property, she manages it but I am the point of contact. So, if there is an emergency that happens or you need somebody immediately, I am the person that would respond to that and that is what is registered in her application as well. I would like to address a couple of issues. One, let us talk about parties, because I think there is a misperception that people that come and rent the Short Term Rentals are partiers and that may be a tiny percentage of the people that are renting them and they are kind of, it is kind of easy to pick up on who they are. So, we are able to weed them out pretty easily. Believe me, that is not what we as Short Term Rental owners want at all, is to have people partying in our place. For the most part, they are coming here to visit their family in the military. They are coming and have somebody at a different location that is here for a long-term hospital visit, they are here for over a month and they have got to meet with doctors. There is a variety of reason that bring people here, there are the Short Term Rentals are a better option for them than a hotel, and it is an important amenity that we are offering to our tourists that come here. So, we are not taking away from hotels, we are actually adding to and providing another service for them. Specifically, I am very sensitive to partying, we have Laura that again she is a cleaner that lives right there. To my knowledge, we have only ever had one party ever on Maryland Avenue and that got shut down very quickly because we knew what was happening and so we went in, I literally walked in and had everybody exit before it even got to be anything, it is bunch of kids from Ocean Lakes. So, I am not clear what he is referring to, and I would love more information about that because to my knowledge, it is a townhouse community I do not know that you can decide who in that townhouse community is having a party. We do not have any issues with parking, that entire community has issues with parking. There are residents or tenants that have commercial vehicles that are parking on Indian Road with their food trailers and food trucks and whatnot. So, I do not know if he is confusing us with them or what is happening there, but it is a pretty transient community in those townhouses because you have a lot of tenants and you have some owners. The tenants do not take great care of their properties and homeowners do, as short-term owners we take excellent care of our properties as well because we want to keep them maintained. I have two there 941 and 948. I take excellent care of my townhouses, we have added roofs, made improvements. So, again I am in support and I want you to understand that we want to be good neighbors and that is our 4 intent, and I make myself available, I have spoken to all of our neighbors. This gentleman lives just up further east of us, I am not quite sure what issues he is concerned about, but I would love to discuss that with him later so that we can resolve any disputes or challenges he may have. Thank you. Ms. Dozier: Bill Wright. Ms. Oliver: Hello, Mr. Wright. Mr. Wright: Hi, thank you again, its Bill Wright. And, I am rising in opposition to this Conditional Use Permit for some of the same reasons. I am not so concerned about the maintenance or the appearance of the properties, all property owners should be keeping their residences up to code and keep them nice. What I am worried about is just the traffic on the street and the parking, you can see that the way that these cars are parked in this particular situation, there is two going in and one parked parallel behind them. So, I just think it looks crowded, and it is just does not look like it is an easy way to do it. And, we are just concerned about the traffic, the short term renters coming in and turnover every week and what happened that is my reasons for opposing this. Ms. Oliver: Great, do we have any questions for Mr. Wright. Go ahead. Mr. Alcaraz: Mr. Wright, any history on this one? Mr. Wright: Not for this particular one, I am not sure that they are even doing any Short Term Rentals at this point, I think she said that they are longer lease is there right now, so, nothing here. Ms. Oliver: Thank you. So, I am going to close the hearing at this time. Well, we can if she would like to, do you want to come back up. Ms. Trebour: I just wanted to address the parking issue that he brought up, which is not a nonissue, as a Short Term Rental it is advertised for two cars, not three. The parking here is to meet your requirements to park three cars, can actually get three cars in without having that parallel there, but I was not here in Virginia Beach to make that example, so, you could see it. So, that is what was taken and given to you all and it is a satellite taken right off of the Google streets. So, two units down, they get four cars in the same space parked behind each other. So, I do not know what this gentleman is talking about, the townhome community is a very transient community. There are tenants that are coming and going. That is the nature of that kind of a 5 dwelling, and I just cannot fathom that there is all this traffic going down Maryland Avenue with Short Term Rental traffic. If my family were living there full time, we would have four cars parked there. And, so, there would be four cars, and then my daughter and all of her friends would have their cars coming and going from our house. So, I do not understand the difference between home ownership in parking and Short Term Rental and parking, it makes no sense at all. Anybody who has children there that are driving age, you are going to have people coming and going. So, that is what I wanted to talk to you about and dispute that comment on parking. Ms. Oliver: Mr. Weiner. Mr. Weiner: I know we have a little backup with COVID, but when did you apply for your Conditional Use Permit? Ms. Trebour: I put my application in September I think it was, it is on the form. Mr. Weiner: But you did not purchase the property till November. Ms. Trebour: I was under contract for purchase, but we closed on the property on November 2nd Mr. Weiner: Okay. Ms. Oliver: Mr. Alcaraz. Mr. Alcaraz: Yeah, I just want to clarify something you said you only need two parking spaces, so, you have how many bedrooms? Ms. Trebour: We have three bedrooms, but we only advertise for two cars, only two cars can park there. Mr. Alcaraz: Okay. So, the three was required by the ordinance. Ms. Trebour: That is right. Mr. Alcaraz: Okay. Thank you. Ms. Oliver: Any other questions? Thank you. Ms. Trebour: Thank you. 6 Ms. Oliver: All right, we will close the hearing now. One thing I have to say is that one, the previous applicant had been renting his house since 2018, and is now just coming forward or bought it and in February 2019, he was renovating it from November 2018 and then started to rent it and pay taxes on it in 2019, so, that is quite some time before, and then was told by the City to please stop renting. So, I have a problem with that, it just seems that there is a lot of Short Term Rentals in a small area, and I do have a problem with that. But, anyway that is where I am with all of this. There are nine that I count on the map, unless somebody counts something different. And, I know that we have had these discussions on how many is in a square block or two blocks do we want, especially in a townhouse area but anyway. That is my concern with these, because she just mentioned that there were two more was hers, plus the other gentleman. So, anyway. Mr. Alcaraz: Well, sorry to say I am going to stay consistent here on this street, so, I am going to recommend the denial and let the Commissioners decide also. Ms. Oliver: Yes, Mr. Weiner. Mr. Weiner: This is really strange you have two of them across street from each other, but two totally different scenarios. And, I am going to tend to support this one. I like this because how things are going and she just purchased it she is going through right procedures. And, so, everything checked, all the boxes check on this so I am going to support this one. Ms. Oliver: Thank you. He made a motion. So, we have our motion on the floor for a denial for this application, I need a second please. I do not have a second. Mr. Weiner: I will make a substitute motion for approval. Ms. Oliver: Do I have a second for the substitute motion? Ms. Klein: I will second. Ms. Oliver: Ms. Klein seconds it, can you call for the question please? Ms. Garrido: Commissioner Alcaraz. Mr. Alcaraz: Nay. Ms. Garrido: Commissioner Barnes is absent. Commissioner Coston is absent. Commissioner Graham. 7 Mr. Graham: Aye. Ms. Garrido: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Garrido: Commissioner Klein. Ms. Klein: Aye. Ms. Garrido: Commissioner Redmond. Mr. Redmond: Aye. Ms. Garrido: Commissioner Wall. Mr. Wall: Aye. Ms. Garrido: Commissioner Weiner. Mr. Weiner: Aye. Ms. Garrido: Commissioner Oliver. Ms. Oliver: Aye. Ms. Garrido: By a recorded vote of seven to one, item number 17 has been recommended for approval. AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston ABSENT Graham 1 AYE Horsley ABSENT • Inman AYE Klein AYE • Oliver AYE Redmond AYE Wall AYE 8 Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 939 Maryland Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 iiiiritr m 4..._Z—mmi z No •A C\I 0 all _ O o Mill IIIIIIIVIMII co o a LLIN simii _ O o N o I _ __ O o giii a Illr--.471 IiifI : , / 00 _, ,,,, _, > m __ ,„,..., ,, „I c„,i- a a I/i =E L \\ oo ~ ri ■ Q rm CL) is■ , ini - M .. I ` — ________ . i Pui ' 41ft \ o Q o) o p o CO j O N 5 to a N m /i C 0 u-ems, S¢� y CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WRIGHT TURN, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 938 Delaware Avenue (GPIN 24178340050000). COUNCIL DISTRICT — BEACH MEETING DATE: January 19, 2021 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental on a 1 ,674 square-foot parcel zoned A-18 Apartment District. The lot consists of one townhome dwelling containing two bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. • Considerations: This property is located within the Delaware Townhomes subdivision, which was platted in 1973 and contains 37 townhomes. This townhouse contains two bedrooms and requires two off-street parking spaces for the proposed Short Term Rental Use. The proposed parking plan depicts both required parking spaces within the driveway in front of the unit, thereby meeting the requirements of Section 241.2(1) the City Zoning Ordinance. Furthermore, the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One letter of opposition from an adjacent property owner was received relating to this request after the Planning Commission hearing. The letter noted concerns regarding an increase in noise disturbances and overcrowding, worry of vehicle damage due to overparking of the driveway spilling onto her parking area, and fears of the transient nature of Short Term Rentals. Wright Turn, LLC Page 2 of 3 • Recommendation: On December 9, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 938 Delaware Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Wright Turn, LLC Page 3of3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6 '0 City Manager:epcp Applicant and Property Owner: Wright Turn, LLC Agenda Item Planning Commission Public Hearing: December 9, 2020 City Council Election District: Beach 20 cuyuJ Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval .a0' 1114 Staff Planner - ` William Miller MOrfo"`""enuQ s_ Spa,St,ee' o 90 Succ' o Location O S µr,Y a'd A�Quc p.enUe A 938 Delaware Avenue Fr --> al t ' °``a ,aP'"^"e `� w NrP,Ca.ollna AVea vMW. moo`, Preserve Gr,ve HpnP G P I N Gannet Ron .* Goose Landing •. - 24178340050000 m 4-4` a illil Site Size ' * igga 1,674 square feet - Will r Owls C.eek Lane Existing Land Use and Zoning District Townhome dwelling/A-18 Apartment Surrounding Land Uses and Zoning Districts North 7 - . „ Delaware Avenue ',' I•• _ Townhome dwellings/A-24 Apartment 4 ' , 4 =N South y = - .f Single-family dwelling, apartments /A-18 i Apartment .-„., East -44` Townhome dwellings/A-18 Apartment West 0. ' - Townhome dwellings/A-18 Apartment 1X F,r ... •i`. 1 -t€• #' r .• ram, ' ." Wright Turn, LLC Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • This 1,674 square foot lot is zoned A-18 Apartment District. • There is one townhouse located on this lot; however,there are ten townhouses on this row. • According to City records, this two-bedroom townhouse was constructed in 1974. • Staff inspected the site on October 6, 2020 to observe site conditions and take photographs for this report. • The parking spaces for each townhome on this street are equal to the width of each lot. Therefore, there is limited area left for on-street parking in the 900 block of Delaware Avenue. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant's representative advised that they accept City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity // 1 t e Se Qu oia W�1 1 ( UI .� k I�� APIS • -ft. . ,rite*• 1106 v � 1111 at ` • 1Iipi 0 A �r STATUS W1'1 • Approved • Denied 0 Under Review Registered r� �� fS'•.1 i �... Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 Wright Turn, LLC Agenda Item 20 Page 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required):2 • Number of parking spaces provided on-site: 2 i - i i � w- rYbntl Avenue I II r �1111 rzri '1 l ' � rA z1 _ 41e i I trk ❑ - r 4$ • ,11r fa Zoning History �_— 7 _ 1- # Request \ I /U 11-- r 1 STR(Short Term Rental) Indefinitely Deferred 07/08/2020 - 1 al 2 REZ(From A-1, R-7 to A-2)Approved 03/17/1986 P.1 A`-a i sa gk ) 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—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the Delaware Townhomes subdivision,which was platted in 1973 and contains 37 townhomes.This townhouse contains two bedrooms and requires two off-street parking spaces for the proposed Short Term Rental Use.The proposed parking plan depicts both required parking spaces within the driveway in front of the unit,thereby meeting the requirements of Section 241.2(1)the City Zoning Ordinance. Furthermore,the remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. The recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 938 Delaware Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Wright Turn, LLC Agenda Item 20 Page 3 3. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors,shall be installed in each Short Term Rental. Wright Turn, LLC Agenda Item 20 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 9,2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 22, 2020,and November 29, 2020. • 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 23, 2020. • 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 3,2020. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 3,2021 and January 10, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on January 4,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on January 15, 2021. Wright Turn, LLC Agenda Item 20 Page 5 Site Layout & Parking Plan 10'drainage easement 5'access easement 16.34' . _ 1 conc. HVAC 15.4' 2 story i c • brick 3 e; o townhouse o e4 • #938 E O 0 o 0 0 ai a 3' Front property line Asp salt 5.0. 20' Driveway Concrete 1 2 stormwater 18 ��, channel 10' 1 DELAWARE AVENUE (50') 9' x 18' parking space Wright Turn, LLC Agenda Item 20 Page 6 Site Photos :-:W.. i. �w •7 Tf� 4i .1 - - .. - 1 '.• 1 gyp'' 1x■ WM ate. Y_.- i ' ` / anus- -110 • ✓ y 6' ; yyy . ' ;P 4l��M i,. R R+' *` tl. - }1 ` 4 ` aim►. 4,. '+ : , -.: '` is ® ®ill ■ I 11 Wright Turn, LLC Agenda Item 20 Page 7 Site Photos F • ' z a t • t, , --.__. .'.; a s,g! 1.. rl,',' -I ----7 II ± _ . ,... #' • _ , .._.1, r! rt___,0„,. . . _, ,., _ ______, .0r - - _ , . --T.---,C-,,,,,t7r-` .,.. - "w ,. Wright Turn, LLC Agenda Item 20 Page 8 Disclosure Statement Disclosure Statement (2 r.CVYpNi•Beath - •,--, Planning&Community r_ Development •_ - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name _ \nl 2.16 4-1 -wt-NI LA.L Does the applicant have a representative? 0 Yes 0 No • If yes,list the name of the representative. CptX.,t.E C...OPE,h)415e4C1.t Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) t D WIZ.WIZ.%G t-k-c • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Wright Turn, LLC Agenda Item 20 Page 9 Disclosure Statement Disclosure Statement Glee L`+rouao Bald Planning&Community Development Y Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes O No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 0 No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes a • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 2 Wright Turn, LLC Agenda Item 20 Page 10 Disclosure Statement Disclosure StatementVi3 d, Vivelin Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the engineer/surveyor/agent. Ok T SSOC.t ik1 S'$ c1o¢S 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. lak jcti V Applicant Signature ) A-1 to +,acuUtK Print Name and Title Date Is the applicant also the owner of the subject property? D Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ "•tsn.hasof °i' 12-17-2020 Signature WW'Mfiller As per the applicant,there are no """"1". Will Miller anticipated changes before the January 19, 2021 CC public hearing. Date: 12-17-2020 3 1 P a g Wright Turn, LLC Agenda Item 20 Page 11 Disclosure Statement Disclosure Statement ,:yam Planning&Community Development Owner Disclosure Owner Name W 2.1la C'A 0 Applicant Name Ctt ; tuc pc cd\n y‘121C1 Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? D Yes Cl No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Ibtritc W421.Gi-,'f • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes QFNo • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA,Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 5 P,; :- Wright Turn, LLC Agenda Item 20 Page 12 Disclosure Statement Disclosure Statement Nt13 City M t'6pFmQ 6me, Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes O No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?IEIYes ❑No • If yes,identify the firm or individual providing the service. Caret. T e6% Z PPI.c. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • if yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the engineer/surveyor/agent. 6 I ' Wright Turn, LLC Agenda Item 20 Page 13 Disclosure Statement Disclosure Statement Cdy.f Virginia$eutil Planning&Community Development =- 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature t) J\D NASZA('* \1•X, AEWA - Print Name and Title tAAW5tV \,"LOW Date - —-- - 71Page Wright Turn, LLC Agenda Item 20 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. Wright Turn, LLC Agenda Item 20 Page 15 t--1 1 . \ \M itra --k- --- -----Aa--\T3C-jmails ',. 00''' \ - jcii .__„ \•0•11 trait ' s ,,,, -- ,C '/''' '• - \v0T-1.517-iii - 14614 • ',-t—:- . - A . 'ow 0111,,Ni\glig.-- _,„..,_ __.„„____0,_-__ 0,1 fie\ -----0 _:-.4•4,,, w --. . r�s ss 1`D 0, _ I . - ' \, -ram : ` /10` 0- .' +0_t - 14 ,` ls a w -:0. .~)_;; Imsioik"11 14o"J.'_eit ii trc r�rlit�'r :1:0„:... - J _\W 11:17A/1/1 • 3 r ii :;\,e...." :__:m Tim , \,, 44 / ie sr —-- iii - k"," ---7,1:111-11 k. ,2,..11 1 '.\* .P cc J I I— Z \ A D y 2 ' .� 91.0`) / 1 P Item # 20 Wright Turn, LLC [Applicant and Property Owner] Conditional Use Permit (Short Term Rental) 938 Delaware Avenue December 9, 2020 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Mr. Alcaraz. The next items are the Consent Agenda from the Short Term Rentals. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rentals on a Consent Agenda as these applications meet the applicable requirements of Section 241.2 of the Zoning Ordinance, Staff supports the applications, and there is no known opposition to the request of items 13, 14, 15, and 18. With that being said, I move for approval on the Consent Agenda items 1, 4, 5, 8, 13, 14, 15, and 18. Mr. Redmond: I will second it. Ms. Dozier: Excuse me, I believe we had item number 20 on the Consent Agenda as well. Mr. Weiner: Oh, I am sorry. That is right for a Short Term Rentals. I am sorry item 20 also, I am sorry. Mr. Alcaraz: I do not think the opposition's here. Thank you. Mr. Weiner: Yeah, item 20 is on the Consent Agenda. Thank you. I am sorry. Ms. Porter: I will call for the vote. Ms. Oliver: Right before I need to abstain from item number 15, 4500 LLC at 4500 Oceanfront Avenue Virginia Beach, Virginia, 23451. I am the sole owner of that property and the sole managing member of the 4500 LLC. Ms. Porter: I will call for the vote. Commissioner Alcaraz. Mr. Alcaraz: Aye. Ms. Porter: Commissioner Barnes. Mr. Barnes: Aye. 1 Ms. Porter: Commissioner Coston is absent. Commissioner Graham. Mr. Graham: Aye. Ms. Porter: Commissioner Horsley is absent, Commissioner Inman. Mr. Inman: Aye. Ms. Porter: Commissioner Kline. Ms. Klein: Aye. Ms. Porter: Commissioner Redmond. Mr. Redmond: Aye. Ms. Porter: Commissioner Wall. Mr. Wall: Aye. Ms. Porter: Vice Chair Weiner. Mr. Weiner: Aye. Ms. Porter: By recorded vote of nine to zero with one abstention from Madam Chair Oliver on item number 15, items number 1, 4, 5, 8, 13, 14, 15, 18, and 20, have been approved by consent. Mr. Tajan: Just to clarify for the record, Madam Chair Oliver you also vote on the Consent Agenda. Ms. Oliver: Yes, I do. Thank you. Mr. Tajan: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes AYE Coston ABSENT Graham AYE Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS: 2 1. The following conditions shall only apply to the dwelling unit addressed as 938 Delaware Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 3 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 From: Plannina Administration To: William N,Miller Subject: FW:Conditional use permit(Short Term Rental)for 938 Delaware Ave Date: Wednesday,December 9,2020 2:00:23 PM Attachments: 1maae001.ong jmage002.ong Hi Will, This letter of opposition was received in the Planning Administration inbox on Tuesday, 12/8/2020. Have a great one, Marchelle L. Coleman, City Planner II City of Virginia Beach Virginia Beach Planning & Community Development Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbgov.com Aril f • 4 °I46 T Fog From:Jackie Rice<mr.jsrice@gmail.com> Sent:Tuesday, December 8, 2020 6:37 PM To: Planning Administration<PlanAdmn@vbgov.com> Subject:Conditional use permit(Short Term Rental) for 938 Delaware Ave CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 Dear Sir or Madam I live at 940 Delaware Avenue. I oppose allowing a conditional use permit for 938 Delaware Avenue.The property was approved as a Bed and Breakfast. On numerous occasions I have been kept up at night due to loud music, talking and yelling most involved alcohol and party. I constantly worry over damage from vehicle doors hitting my auto when the parking area is full. The people using it are on vacation and for the most part not family oriented and I do not care what the rules they agree to say since there is no one to enforce them, the rules mean nothing.I presume they are pursuing a conditional use permit for short term rentals because the Bed and Breakfast is not generating enough income. So short term rental would allow them to make it to warmer weather so they can again go B & B. This is my home where I live, a single family area not a commercial or resort area. I do not want to put up with tourist and transient peoples and deal with the associated problems at my home. Please,Do Not grant this permit. Mr.Jackie S.Rice H. UNFINISHED BUSINESS I. NEW BUSINESS J. 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(a;vbgov.com or call 385-4303. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=eb24f20e2f4d7ef8fff3 7675 8ce5d 5247 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on January 19, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/05/2021 PAGE: 1 B E AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ER NDN II. CITY MANAGER'S BRIEFINGS A. LYNNHAVEN MALL INCIDENT Chief Paul Neudigate- UPDATE Police B. COVID-19 MASS VACCINATIONS Kim Tempesco,Senior Emergency Planner- Office of Emergency Management Chief Edward Brazle- Emergency Medical Services(EMS) C. PENDING PLANNING ITEMS Carolyn Smith,Planning Administrator- Planning and Community Development Kevin Kemp,Zoning Administrator- Planning and Community Development E. ELECTION OF VICE MAYOR ELECTED 8-3 Y Y Y Y Y Y N NY Y N Council Member James L.Wood G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL/FORMAL SESSION December 8,2020 H.1. MAYOR'S PRESENTATION EAST COAST SURFING George Alcaraz,General CHAMPIONSHIP(ECSC) Manager Tony Pellino,Chairman 1.1. PUBLIC HEARING NO SPEAKERS DECLARATION AND SALE OF EXCESS PROPERTY 212 Fair Lady Road and vacant lot at the intersection of Fair Lady Road,Elon Drive and London Bridge Road K.1. Resolution to ADD a Legislative Request to ADOPTED 8-3 NY Y YNN Y YYYY the 2021 Legislative Agenda re establish the Virginia Beach Tourism Authority K.2. Resolution to NOMINATE Andrew ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y G. Baan, Thomas Leahy, and Mark CONSENT Johnson to the Governor as candidates for the position of Virginia Beach local representative to the Southeastern Public Service Authority(SPSA) K.3. Ordinance to DONATE reclaimed oyster ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y shells to Lynnhaven River NOW re Mary CONSENT Lou Gayle Memorial Oyster Reef in the Eastern Branch of the Lynnhaven River CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/05/2021 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T l 0 BCDN OMO 0 L W 0 O C Y L NOUWS O T THEE ES S E O O E T I R Y S S ERNDN K.4. Resolution to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Memorandum of CONSENT Agreement to contribute $500,000 to the Department of the Army re Lynnhaven Inlet maintenance dredging K.5. Ordinance to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to ACCEPT the dedication of CONSENT residual rights for areas located in and near Croatan Beach including Sandy Beach; Streets,Lanes,Roads,Avenues,and Alleys; and the Eastern Portion of Lake Wesley, from Bank of America,N.A.,Trustee under the Will of Amelia G. McLean, deceased August 25,1989 Family Trust K.6. Ordinance to AUTHORIZE a temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachment into a portion of City-owned CONSENT property known as Lake Joyce located at the rear of 4404 Powells Point Road re install and maintain riprap K.7. Ordinance to APPROPRIATE $335,730 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from Fund Balance of the General Fund for CONSENT amounts reserved for Pandemic Relief and AUTHORIZE a Grant to Virginia Aquarium & Marine Science Center Foundation re food and beverage equipment, and payroll support during the Pandemic K.8. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE $18,790 from Federal CONSENT Emergency Management Agency(FEMA)to FY2020-21 Fire Department Operating Budget re reimbursement of costs related to deployment of Virginia Task Force 2 Urban Search and Rescue Team for Tropical Cyclone Delta L.1. E & R, INC./CHESAPEAKE BEACH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMONS, LLC for a Change in CONDITIONED,BY Nonconformity re demolish existing CONSENT structure and build new outdoor dining structure within same footprint at 4600 Lookout Road DISTRICT 4—BAYSIDE L.2. ATHERTON CONSTRUCTION & APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT, INC./ OPEN DOOR MODIFIED,BY CHAPEL, INC. for a Modification of CONSENT Conditions re religious use at 3177 Virginia Beach Boulevard DISTRICT 6—BEACH (Approved January 16,1978) L.3. FRANKLIN JOHNSTON GROUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MANAGEMENT&DEVELOPMENT, PROFFERED LLC/WILDWOOD PARK,LLC for a Conditional Change of Zoning from B-2 Community Business District to Conditional A-24 Apartment District at 925 South Military Highway re 220-unit multi-family residential community DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/05/2021 PAGE: 3 B AGENDA ITEM# SUBJECT MOTION VOTE A R H W W B U E J R T I 0 BCDN OMO 0 L W 0 O C Y L NOUWS O T THEE E S S E 0 0 E T I R Y S S ERNDN L.4. SCARLET DAWN WINDLEY/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y JENNIFER WILLIAMS&BRANDON CONDITIONED,BY BULLOCK for a Conditional Use Permit CONSENT re home-based wildlife rehabilitation facility at 4933 Gulfstream Circle DISTRICT 2—KEMPSVILLE L.5. SHAWNDA M.BENTLEY/ENOCH& APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SHAWNDA M.BENTLEY for a CONDITIONED,BY Conditional Use Permit re home-based CONSENT wildlife rehabilitation facility at 1204 Orkney Drive DISTRICT 2— KEMPSVILLE M/N/ ADJOURNMENT 7:45 PM 0 OPEN DIALOGUE 7 SPEAKERS 8:14 PM