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HomeMy WebLinkAbout03-16-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G`N1A.BBEAc MAYOR ROBERT M. "BOBBY"DYER,At Large �� y VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 � of "`. LA JESSICA P.ABBOTT,Kempsville—District 2 a ^j MICHAEL F.BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large `+, AARONR.ROUSE,At Large �. ,,,e 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 PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR March 16, 2021 FAX(757)385-5669 CITY AUDITOR—LYNDONS.REM/AS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Virginia Beach Convention Center- 2:00 PM A. DOME SITE UPDATE 2:00 PM Ronald H. Williams, Jr., Deputy City Manager B. CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE 2:10 PM Mark Reed, Historic Preservation Planner—Planning and Community Development C. CONVENTION AND VISITORS BUREAU SPRING MARKETING CAMPAIGN 2:25 PM Nancy Heiman, Interim Director—Convention and Visitors Bureau Lauren Townsend, Interim Vice President of Marketing and Communications —Convention and Visitors Bureau D. FY2020-21 MONTHLY FINANCIAL UPDATE 2:55 PM Letitia Shelton, Director—Finance II. CITY COUNCIL DISCUSSIONS/INITIATIVES 3:10 PM III. CITY COUNCIL COMMENTS 3:40 PM IV. CITY COUNCIL AGENDA REVIEW 3:50 PM V. INFORMAL SESSION -Virginia Beach Convention Center- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION February 23, 2021 2. INFORMAL and FORMAL SESSIONS March 2, 2021 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION OF APPRECIATION Robert Preston Midgett, II 2. RESOLUTION IN RECOGNITION a. Deputy Chief Patrick L. Gallagher, Virginia Beach Police Department b. Maia Chaka,NFL Official H. PUBLIC HEARING 1. PROPOSED CAFÉ FRANCHISE AGREEMENTS a. 3001 Atlantic, LLC, t/a Catch 31 Café re Boardwalk Café b. 3315 Atlantic, LLC, t/a Lagerheads Café, re Boardwalk Café c. Thirsty-24, LLC, t/a Atlantic Pints Café, re Sidewalk(Atlantic to Pacific) Café d. Chix Sea Grille, LLC, t/a Chix Café, re Boardwalk Café e. ANSHI, Inc., t/a Cancun Fiesta Café, re Sidewalk (Atlantic to Pacific) Café f. Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, re Sidewalk (Atlantic to Pacific) Café g. Beachside, L.C., t/a Yacht Club Café, re Sidewalk(Atlantic to Pacific) Café h. Aqua Investment Associates,L.P.,t/a The Square Whale Café,re Boardwalk Café I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT eight(8) franchise agreements re Open Air Cafés in the Resort Area: a. 3001 Atlantic,LLC,t/a Catch 31 Café re boardwalk café at 3001 Atlantic Avenue b. 3315 Atlantic, LLC, t/a Lagerheads Café, re boardwalk café at 3315 Atlantic Avenue c. Thirsty-24, LLC, t/a Atlantic Pints Café re sidewalk (Atlantic to Pacific) café at 2314 Atlantic Avenue d. Chix Sea Grille, LLC, t/a Chix Café, re boardwalk café at 701 Atlantic Avenue e. ANSHI, Inc., t/a Cancun Fiesta Café re sidewalk (Atlantic to Pacific) café at 1516 Atlantic Avenue f. Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café re sidewalk (Atlantic to Pacific) café at 202 22nd Street g. Beachside, L.C., t/a Yacht Club Café re sidewalk (Atlantic to Pacific) café at 2607 Atlantic Avenue h. Aqua Investment Associates, L.P.,t/a The Square Whale Café re boardwalk café at 3900 Atlantic Avenue 2. Ordinance to EXTEND the date to satisfy the conditions re closure of an unimproved portion of Singleton Way, South Witchduck Road and Princess Anne Road (Approved April 22, 2014) 3. Resolution to DECLARE the proposed location of Tranquility at the Lakes II a Revitalization Area re qualify for Virginia Housing Financing 4. Resolutions to AUTHORIZE the City Manager and City Clerk to place tax or fee increase advertisements for the proposed FY2021-22 Operating Budget: a. Short Term Rental Zoning Permit Fee b. Communication Towers Administrative Review-Eligible Fee/Standard Review 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a non-binding agreement with the United States Navy re NAS Oceana future base design 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with FitLot, Inc. and ACCEPT a$4,010 donation re plan, build and program an outdoor fitness park at Williams Farm 7. Ordinance to ESTABLISH new Capital Improvement Project"Juvenile Detention Center Security Replacement" for FY2020-21 and TRANSFER$600,000 from the FY2020-21 Human Services Operating Budget to the newly created capital project 8. Ordinances to ACCEPT and APPROPRIATE: a. $51,600 in CARES Act funding to the FY2020-21 Parks and Recreation Operating Budget re out-of-school time program b. $135,124 from the National Fish and Wildlife Foundation's National Coastal Resilience Fund, to the Capital Project#100365 "Sea Level Rise/Recurrent Flooding Analysis"re study of marsh island restoration in Back Bay c. $300,000 from the Landmark Foundation to the FY2020-21 Public Health Operating Budget and AUTHORIZE grant-supported positions re Bay Care Program 9. Ordinances to TRANSFER: a. $238,000 from the General Fund Reserve for Contingencies to the FY-2020-21 Planning and Community Development Operating Budget to be provided to Hampton Roads Transit as a local match re Microtransit Demonstration Project (Virginia Beach West Pilot) b. $4,850,000 from Capital Project #100147, "Dome Site Parking" and $4,375,000 from Capital Project#100059, "Resort Parking District"to Capital Project#100146, "Dome Site Entertainment Venue"re costs associated with the design and construction of the entertainment venue K. PLANNING 1. GRAY POINT COVE, LLC & SHARON L. GRAY for a Variance to Section 4.4(b) of the Subdivision Regulation re lot width at 3108 Little Haven DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. KENNETH STUART PROUD / MARK & CRYSTAL PROUD for a Change in Nonconformity re enlargement of existing dwelling at 228 Cavalier Drive DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 3. MS VIRGINIA BEACH, LLC for a Modification of Proffers at 2257 Willow Oak Circle re add 49 units to the 392 existing units DISTRICT 5 — LYNNHAVEN (Approved on June 1, 1987) RECOMMENDATION: APPROVAL 4. FIRST CHINESE BAPTIST CHURCH for a Modification of Conditions re religious use at 228 Pritchard Road DISTRICT 6—BEACH (Approved May 1, 1961) RECOMMENDATION: APPROVAL 5. MAXIMO P. AQUINDE JR. & EDYNERRIS O. AQUINDE for a Conditional Use Permit re family day-care home at 980 Avery Way DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 6. DEON JOHNSON SR. & YESSICA DIAZ-JOHNSON for a Conditional Use Permit re family day-care home at 5150 Rugby Road DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 7. TOYA SMITH / SST HOLDINGS, LLC for a Conditional Use Permit re assembly use at 701 A South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 8. XPERT SERVICES,LLC /VB INVESTMENTS, LLC for a Conditional Use Permit re car wash facility at 4937 Broad Street DISTRICT 4 — BAYSIDE (Deferred from February 16, 2021) RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION-APPROVAL 9. NORTH LEGEND OUTFITTERS, LLC / BENJAMIN DAVID & BROOKE HARRIS LINDBORG for a Conditional Use Permit re home occupation — retail sales (firearms) at 1017 Dartford Mews DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. Anyone wishing to speak in person, please contact the City Clerk's Office by calling 757-385- 4303. Anyone wishing to speak virtually, via WebEx, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.web ex.com/vbgov/onstage/g.php?MTID=ee6c 1063 5 a 1905 e76c6eda50bf72 f 7cda 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at prior to 5:00 p.m. on March 16, 2021. Due to the ongoing Covid-19 Pandemic, please check our website at: www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Virginia Beach Convention Center- 2:00 PM A. DOME SITE UPDATE 2:00 PM Ronald H. Williams, Jr., Deputy City Manager B. CONFEDERATE MONUMENT REQUEST FOR PROPOSAL UPDATE 2:10 PM Mark Reed, Historic Preservation Planner—Planning and Community Development C. CONVENTION AND VISITORS BUREAU SPRING MARKETING CAMPAIGN 2:25 PM Nancy Heiman, Interim Director—Convention and Visitors Bureau Lauren Townsend, Interim Vice President of Marketing and Communications —Convention and Visitors Bureau D. FY2020-21 MONTHLY FINANCIAL UPDATE 2:55 PM Letitia Shelton, Director—Finance II. CITY COUNCIL DISCUSSIONS/INITIATIVES 3:10 PM III. CITY COUNCIL COMMENTS 3:40 PM IV. CITY COUNCIL AGENDA REVIEW 3:50 PM V. INFORMAL SESSION -Virginia Beach Convention Center- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION February 23, 2021 2. INFORMAL and FORMAL SESSIONS March 2, 2021 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION OF APPRECIATION Robert Preston Midgett, II 2. RESOLUTION IN RECOGNITION a. Deputy Chief Patrick L. Gallagher, Virginia Beach Police Department b. Maia Chaka,NFL Official t:,--4.,,,.-Ti.,..-4-4,7jr:,,, ,,,,....._':..,'.,-.4:-,•4.,...-_„- P,a.,,,,,:•!...;.-.. ...0,-...ar .,,IA.Bp, mv.-,-----• ..''-v.--:'. '..-,---- - --- „fir F .'. *{,;llt-i'.. ''' ` Vy F, ,., 4!4 :_ r i tsar iR�r i 4 h �.n „�. �' r �' d '�4 s . o t,CS4 zr9,e'lr �`' GF OUR NATO 4 .+ .� "may, y 36 3 ',:i.'idy-f-=',:-'-=',-,i,-.-c-4--z=',.'-',74.,,Ac-- ,•-5'• ' ' • rottatittitton .„,z„,.=,„.. :.. .,, . -4„,,,,,, -.,.„,,,,,,,,,,.. 'Whereas It Preston Midgett,II was born in Norfolk,'VA and raised in'Virginia Beach,graduating from cFrank'W. Cooxigh School'and 'Whereas. Preston holds a'nrhe(orofScience in Business Administration from Ord<Dominion'University;;and +k4 '' .7 411haras• Preston began his career with the family business founded in 1970,Bungle Golf mini golf, at age 11, _ starting with mowing grass and moving to property management, eventually working with dedicated v i managers and loyal employees to guide Jungle Golf to its 50th year celebration in business in 2020;and ✓ � , ti1 Kerenx 'Where he married his best friend and soulmate, Kim, on the 6th hole of the Jungle Golf course, on <December31,1992;and `it• Wismar Preston became a volunteer in 2002 to serve on what would become multiple focal community and City • c .ice committees,commissions, boards,and associations,serving as chair forsevera4 and foundingmember for i«: �t..' �1' the Robin"roods of Virginia Beach/No6feman and Su` ,+�� -. "�'�' Sung Access for Everyone(SA'F'E,�and �d *Tieing.. Preston has been a loyal public servant dedicating countless hours to charitable and phifanthropic causes x" throughout the City of'Virginia Beach for decades with his volunteer work including his personal involvement in numerous civic endeavors,which has fed our resort city to be acknowledged as one of the : ' ; most family friendly and safe cities of its size and c In 2002 Preston and his wife Kim, were honored to have become members of the Neptune Festivals Al; rs. ICing's Court,which made them members of the Royal Order of Neptune,a working position,as part of a °x r support group for the organization,assisting with leadership,fundraisers,committee chairs and members, �xt• . ' volunteers,task force members,with that service continued by their son and daughter,and w 40 `^Sld+ereiat Preston relentlessly strived'to make 'Virginia Beach a better place through this involvement with the a Resort Advisory Commission, on which he served'since 2002,and walked the streets of the resort strip .• ,4�' often, keeping abreast of the City's position on anything affecting the tourism industry,and developing sane,reasonable and effective opinions and shared them when appropriate,walking the walkand talking the talk of what a community member shouter be;and 'Wfie eas: Preston served as'Vice Chair on the board of the Patriotic festival'Poundation,acting as the primary s r" ', liaison to the City of'Virginia Beach,providing volunteer readership andfscal-oversight to the annual 1-i.r celebration of our military,accepting responsibility with agenuine desire to help guide the festival'to new '� heights,•and• W1ear A long time and active 'Vision board'and executive committee member, Preston served as the Resort .4, '='ems-< cDevefopment Task Force chairperson for five very busy years,keeping his finger on the pulse of the resort community,with a broad understanding of its many challenges and opportunities;anrf ,,, ::e - ; f 4ldtersas In Januaryof2021,the city of'Virginia Beach cost an open-hearted resident,and the community cost ani < r't; inspiration for compassion,integrity and leadership—Preston JYfidgett is no forager with us his Isfe was ' 'r'6 "i shorter than it should have been,but every day counted * '. Now 21Fettfoa,I Robert M.Dyer,Mayor of the City of Virginia Beach,`Virginia,do hereby procraun ,� €� w Ilarchl6 2021 h • • r°� x 0. y-..t a �F _�i Preston��' �ILuI ett II Day # Q's `" ". n, r-, V c:?°''ci+- 4 In'Virg' ' Beach,and encourage all citizens to join me in expressing condolences to the Mufgett family for their loss.c x'"r. Preston will be remembered as a humble yet strong reader and businessman, and as a dedicated and loving husband and - }fitk�r , father,who exempliifiedafrthe hest characteristics of our community. z � In Warless Wlfernvf, I have hereunto set my hand and•caused the Official'Sear of the City of Virginia Beach,'Vic inia to 6e 4 c_ affixed this Sixteenth day of March Two Thousand7wenty One g $ r i • a.. r M $, £ = '„ was -� a ,set a. ' sic - , n"' � -4 t� tee. - }7" � ` h } ▪ s F } ' Robert AL Bobby"<Dyer ,e / .. A „,• r1 �- F4 yE� + 4t; W.4' " +� .� y .r.i#^Y x S r i 33-' a`J..r, S„''' 3- ��'YM4f Ty b y Y i' ; !,_. to ii,. s Syr F r 4 i o , �, , y7 } v e r kh, .- �+ _� 4, F f a i.'ei w crk #t. +. r • :_. sn 3 4 ▪ Y'` „-y �' "} i�t ,,, s_ ,i'',:;y ,:..any' !r"R'r eb tic i &Y ax x d - r-iw. ,, , .,ir 4G�NU''B�iC SoT� i i 96 E o'R M•J- RESOLUTION WHEREAS:Patrick L. Gallagher joined the Virginia Beach Police Department on September 17,1990,and has served the City for over 30 years; WHEREAS:He has served 21 years in a supervisory and management role,and has led the Police Department as the Deputy Chief of the Investigative Division since 2017; WHEREAS:As Deputy Chief;he played a significant role in advancing the Police Department including implementing a comprehensive approach to large-scale investigative responses, establishing a new task force to address increased gang violence,and leading mandatory City-wide training as Co-Chair of the Inclusion and Diversity Council; • WHEREAS:He also served as Deputy Chief for the Professional Standards and Professional Development and Training Division and enacted substantial reform, including enhancing recruitment efforts that resulted in increased minority and female representation, developed the Use of Force(UOF)Board to evaluate serious instances of force and accusations of excessive force, and developed the Mediation Program to enhance transparency; WHEREAS:Deputy Chief Gallagher initiated two murals with the Virginia Beach City Public Schools to enhance relationships between the Police Department and students; WHEREAS: Throughout his career he has been dedicated to community outreach,including building strong police relationships with members of the African American,Hispanic,Homeless and LGBTQ communities.Deputy Chief Gallagher established the first LGBTQ Liaison Program in the Police Department,he served as liaison to the Human Rights Commission,implemented a Homeless Outreach Program at the Second Precinct,and established outreach workgroups and forums with minority and challenged populations; WHEREAS:On May 31, 2019, the City suffered its deadliest mass shooting event in history. During one of the City's darkest hours, Deputy Chief Gallagher stepped up and managed the executive oversight of the criminal investigation and after-action review;leading the immense investigation with professionalism and transparency,while maintaining respect for all those affected; WHEREAS:Deputy Chief Gallagher managed the Police Department's CALEA Accreditation recertification which resulted in the first known 100%perfect one-site services for over 1200 standards in a 3-year period; WHEREAS:As a testament for his dedication to exemplary public service,he has continued his education and training by graduating from the F.B.I National Academy,Senior Management Institute for Police,and the Police Executive Leadership Institute; WHEREAS:He has remained dedicated to training and teaching others,by serving as an adjunct Criminal Justice instructor at Tidewater Community College, and publishing 14 articles through local and national media sources on various issues regarding public safety and police work; WHEREAS:His service has been recognized numerous times, including the NAACP Unsung Hero Award, Virginia Beach Police Department Special Commendation Award,the Public Service Award from the U.S.Attorney's Office,and Volunteers of America Called to Care Award; WHEREAS:On this day, we honor a public servant who deserves our deepest gratitude and respect for all that he has done for the City of Virginia Beach and its citizens. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to PATRICK L. GALLAGHER for his outstanding contributions to our City and extends its congratulations on the next chapter in his career of public service. Given under our hands this 16t day of March,2021. �/�/� /rL • / Counci[Mem rJessicaTP.A66ott Council9Kem6erMichael¢.Ber(ucchi Counctf3lem6erBarbara Yd.7fe . ‘21111 \114.461— /6"-- — Cou em6erL . X Jones Council liem6er John D.Moss Council.9.em8erAaron 44).4-44 Council ember Guy 1C Tower CouncilhiemBe semary Wilson Ilem6erSa6n'na D.Wooten V. •orJamesL'Wood Mayor en9K. °B 66y°Dyer ,w,CC''♦ts�'BEgc se L�9t8 �'./e�� DUR N1:0 RESOLUTION WHEREAS: Maia Chaka on March 1, 2021 became the first African American woman to join the full-time officiating staff of the National Football League; WHEREAS:March is Women's History Month, it is important to recognize the achievements of trailblazing women like Maia who are leaving their mark on history; WHEREAS: Before she received the position with the NFL, Maia spent time officiating in the PAC 12, Conference USA,XFL,Arena Football,and in NCAA Division 1 Women's Basketball; WHEREAS: She is a Health and Physical Education teacher with Virginia Beach Public Schools and has been dedicated to improving the lives of at-risk youth at Renaissance Academy High School; WHEREAS: Maia has organized numerous clubs and events to promote diversity, inclusion, and positive behavior; WHEREAS: In 2008, she created the Girls with Empowering Minds and Spirits (G.E.M.S.) Club which serviced 85% of the school's female population, and worked to boost self-esteem, attendance, academic achievement,and eliminate negative behaviors; WHEREAS: Her prominent work in education has been recognized through the I Make A Difference Award, Reading Teacher of the Year Award,and Teacher of Year in 2014; NOW THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes MAIA CHAKA for her positive contributions to Virginia Beach students,and her hallmark accomplishment of beginning a career in the NFL as the,first African American woman official. Given under our hands this 16`h day of March, 2021. Council!Mem6erJessica A66ott CounciC91em6er9rtichae(4'.Beducchi Counci(9riem6erBar6ara 9K..2fen(ey Council9Kem6erLouis Jones CouncK9Kem6erJohn D.9Koss Counci(9Kem6erAaron Reuse CouncilJtem6er guy 7C Tower Counci(9Kem6er 10semary Wi(son CouncifWem6erSa6rina D.Wooten 'tiice 9bfayorlames L Wood 9ttayor Wo6ert JK. "Bo66y"Dyer H. PUBLIC HEARING 1. PROPOSED CAFÉ FRANCHISE AGREEMENTS a. 3001 Atlantic, LLC, t/a Catch 31 Café re Boardwalk Café b. 3315 Atlantic, LLC, t/a Lagerheads Café, re Boardwalk Café c. Thirsty-24, LLC, t/a Atlantic Pints Café, re Sidewalk(Atlantic to Pacific) Café d. Chix Sea Grille, LLC, t/a Chix Café, re Boardwalk Café e. ANSHI, Inc., t/a Cancun Fiesta Café, re Sidewalk (Atlantic to Pacific) Café f. Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, re Sidewalk (Atlantic to Pacific) Café g. Beachside, L.C., t/a Yacht Club Café, re Sidewalk(Atlantic to Pacific) Café h. Aqua Investment Associates, L.P.,t/a The Square Whale Café,re Boardwalk Café �ue")04, PUBUC 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 Public Hearing of the Virginia Beach City Council will be held on Tuesday, March 16,2021 at 6:00 p.m..The City Council and required Staff members will meet in-person at the Convention Center,but at this time it is impractical and unsafe to allow other persons to attend the City Council meeting due to physical distancing and safety precautions related to the pandemic.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two-step process below.Citizens signed up to speak in-person will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a face covering while in the Convention Center.Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations.All interested parties are invited to observe. The hearing will be regarding a proposed café franchise agreement for City-owned property located at the following locations: 1. 3001 Atlantic Avenue to 3001 Atlantic,LLC,Va Catch 31 Cafe,for a Boardwalk Café. 2. 3315 Atlantic Avenue to 3315 Atlantic, LLC, t/a Lagerheads Cafe, for a Boardwalk Café. 3. 2314 Atlantic Avenue to Thirsty-24,LLC,t/a Atlantic Pints Cafe,for a Sidewalk (Atlantic to Pacific)Cafe. 4. 701 Atlantic Avenue to Chix Sea Grille,LLC,t/a Chix Café,for a Boardwalk Cafe. 5. 1516 Atlantic Avenue to ANSHI,Inc.,t/a Cancun Fiesta Cafe,for a Sidewalk (Atlantic to Pacific)Café. 6. 202 22.Street to Moliar Liquid Assets 2,LLC,t/a Repeal Bourbon&Burgers Café,for a Sidewalk(Atlantic to Pacific)Café. 7. 2607 Atlantic Avenue to Beachside,L.C.,t/a Yacht Club Café,for a Sidewalk (Atlantic to Pacific)Cafe. 8. 3900 Atlantic Avenue to Aqua Investment Associates,L.P.,f/a The Square Whale Cafe,for a Boardwalk Café. The purpose of the hearing will be to obtain public comment on the proposed franchise agreements on City property.Copies of the franchise agreements are on file in the City Clerk's office. Any questions concerning the above-referenced franchises should be directed to Kathleen Warren,SGA Office,by calling(757)385-2901. If you wish to make comments virtually during the public hearing,please follow the two- step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/vbgov/onstaee/e.ohD?MTI D=ee6c10635a 1905e76c6e da50bf72f7cda 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 16,2021. 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. Due to the ongoing Covid-19 Pandemic, please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON- MARCH 7,2021 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT eight(8)franchise agreements re Open Air Cafés in the Resort Area: a. 3001 Atlantic, LLC,t/a Catch 31 Café re boardwalk café at 3001 Atlantic Avenue b. to 3315 Atlantic,LLC,t/a Lagerheads Café,re boardwalk café at 3315 Atlantic Avenue c. Thirsty-24, LLC, t/a Atlantic Pints Café re sidewalk (Atlantic to Pacific) café at 2314 Atlantic Avenue d. Chix Sea Grille, LLC,t/a Chix Café,re boardwalk café at 701 Atlantic Avenue e. ANSHI, Inc., t/a Cancun Fiesta Café re sidewalk (Atlantic to Pacific) café at 1516 Atlantic Avenue f. Moliar Liquid Assets 2,LLC,t/a Repeal Bourbon&Burgers Café re sidewalk(Atlantic to Pacific) café at 202 22nd Street g. Beachside, L.C., t/a Yacht Club Café re sidewalk (Atlantic to Pacific) café at 2607 Atlantic Avenue h. Aqua Investment Associates,L.P.,t/a The Square Whale Café re boardwalk café at 3900 Atlantic Avenue 2. Ordinance to EXTEND the date to satisfy the conditions re closure of an unimproved portion of Singleton Way,South Witchduck Road and Princess Anne Road(Approved April 22, 2014) 3. Resolution to DECLARE the proposed location of Tranquility at the Lakes II a Revitalization Area re qualify for Virginia Housing Financing 4. Resolution to AUTHORIZE the City Manager and City Clerk to place tax or fee increase advertisements for the proposed FY2021-22 Operating Budget: a. Short Term Rental Zoning Permit Fee b. Communication Towers Administrative Review-Eligible Fee/Standard Review 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a non-binding agreement with the United States Navy re NAS Oceana future base design 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with FitLot, Inc. and ACCEPT a$4,010 donation re plan,build and program an outdoor fitness park at Williams Farm 7. Ordinance to ESTABLISH new Capital Improvement Project"Juvenile Detention Center Security Replacement"for FY2020-21 and TRANSFER$600,000 from the FY2020-21 Human Services Operating Budget to the newly created capital project 8. Ordinances to ACCEPT and APPROPRIATE: a. $51,600 in CARES Act funding to the FY2020-21 Parks and Recreation Operating Budget re out-of-school time program b. $135,124 from the National Fish and Wildlife Foundation's National Coastal Resilience Fund, to the Capital Project#100365"Sea Level Rise/Recurrent Flooding Analysis"re study of marsh island restoration in Back Bay c. $300,000 from the Landmark Foundation to the FY2020-21 Public Health Operating Budget and AUTHORIZE grant-supported positions re Bay Care Program 9. Ordinances to TRANSFER: a. $238,000 from the General Fund Reserve for Contingencies to the FY-2020-21 Planning and Community Development Operating Budget to be provided to Hampton Roads Transit as a local match re Microtransit Demonstration Project(Virginia Beach West Pilot) b. $4,850,000 from Capital Project #100147, "Dome Site Parking" and $4,375,000 from Capital Project #100059, "Resort Parking District" to Capital Project #100146, "Dome Site Entertainment Venue" re costs associated with the design and construction of the entertainment venue y.. - r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Eight Franchise Agreements for Outdoor Cafés in the Resort Area MEETING DATE: March 16, 2021 a 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. e Considerations: The following eight entities have successfully operated outdoor cafés pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five-year terms: (1)3001 Atlantic, LLC,t/a Catch 31 Cafe, for operation of a Boardwalk Café, (2) 3315 Atlantic, LLC, t/a Lagerheads Cafe, for operation of a Boardwalk Café, (3) Thirsty-24, LLC, t/a Atlantic Pints Cafe, for operation of a Sidewalk (Atlantic to Pacific) Café, (4) Chix Sea Grille, LLC, t/a Chix Café, for operation of a Boardwalk Café, (5)ANSHI, Inc., t/a Cancun Fiesta Cafe, for operation of a Sidewalk (Atlantic to Pacific) Café, (6) Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, for operation of a Sidewalk (Atlantic to Pacific) Café, (7) Beachside, L.C.,t/a Yacht Club Café,for operation of a Sidewalk(Atlantic to Pacific)Café, (8) Aqua Investment Associates, L.P., t/a The Square Whale Cafe, for operation of a Boardwalk Café. a Public Information: A public notice was published in The Beacon on March 7, 2021. ■ Attachments: Ordinance, Disclosure Forms, Café Location Maps and Photos Recommended Acti•n: Adopt Ordinance Submitting Dep e,t/Agency: Strategic Growth Areas Office City Manager: y!, Version 2 March 10, 2021 1 AN ORDINANCE GRANTING EIGHT 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES IN 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, the following eight entities have successfully operated outdoor cafés 24 pursuant to either one-year or five-year franchise agreements, and are seeking 25 franchise agreements for five-year terms: (1) 3001 Atlantic, LLC, t/a Catch 31 Cafe, for 26 operation of a Boardwalk Café; (2) 3315 Atlantic, LLC, t/a Lagerheads Cafe, for 27 operation of a Boardwalk Café; (3) Thirsty-24, LLC, t/a Atlantic Pints Cafe, for operation 28 of a Sidewalk (Atlantic to Pacific) Café; (4) Chlx Sea Grille, LLC, t/a Chix Café, for 29 operation of a Boardwalk Café; (5)ANSHI, Inc., t/a Cancun Fiesta Cafe, for operation of 30 a Sidewalk (Atlantic to Pacific) Café; (6) Moliar Liquid Assets 2, LLC, tia Repeal 31 Bourbon & Burgers Café, for operation of a Sidewalk (Atlantic to Pacific) Café; (7) 32 Beachside, L.C., t/a Yacht Club Café, for operation of a Sidewalk (Atlantic to Pacific) 33 Café; and (8) Aqua Investment Associates, L.P., t/a The Square Whale Cafe, for 34 operation of a Boardwalk Café; and 35 36 WHEREAS, the Strategic Growth Area Office recommends that the above- 37 named entities be granted outdoor café franchise agreement. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH: 41 42 That the City Council hereby grants five-year franchise agreements to the 43 following eight entities: (1) 3001 Atlantic, LLC, t/a Catch 31 Cafe, for operation of a 44 Boardwalk Café; (2) 3315 Atlantic, LLC, t/a Lagerheads Cafe, for operation of a 45 Boardwalk Café; (3) Thirsty-24, LLC, t/a Atlantic Pints Cafe, for operation of a Sidewalk 46 (Atlantic to Pacific) Café; (4) Chix Sea Grille, LLC, t/a Chix Café, for operation of a 47 Boardwalk Café; (5) ANSHI, Inc., t/a Cancun Fiesta Cafe, for operation of a Sidewalk 48 (Atlantic to Pacific) Café; (6) Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon& Burgers 49 Café, for operation of a Sidewalk (Atlantic to Pacific) Café; (7) Beachslde, L.C., t/a 50 Yacht Club Café, for operation of a Sidewalk (Atlantic to Pacific) Café; and (8) Aqua 51 Investment Associates, L.P., t/a The Square Whale Cafe, for operation of a Boardwalk 52 Café. Adopted by the City Council of Virginia Beach, Virginia on this day of 2021 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. IL- 11 Str t rowth Area Office City Attorneys Offlc4 CA15312 R-2 March 10,2021 (L] , \ \ 31st St Park I h t- \ \ • ' i, 3001 ATLANTIC, LLC t/a Catch 31 Café \ 3001 Atlantic Avenue _., , / ' ) Boardwalk Café Type A ? 1 L Cia.d 7 J Catch 31 Café \ \ co Property Lines a' d 1�, s Structure/Building Footprint o� \'—_ t Zoning _ %; 0- ��/ .- d Green Space �` iv Paved Surface Hilton �; Hotel / / % \ r+ \ 2 / , 1 1 ICIii s . r i t I 10 0 10 20 30 40 50 Feet \ ,, .\„ •if:0/.1\A., , , ./ MN' \ . , , / / , ?-• ,,, k li . 9 ; i ' 9 , 4....; inill- • •, • 4 ,................ -., ,., , / I ,,,,,, .......... , . , i • /; 1 / ••t , . , t t MI............ 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'-,- -, " ' ' •c'NI'. • ,‘ • A' •?-z- , \\ /1 r-V-t-,-: • ...s.F . ti'i,•::::, " .,..., ; \ ‘ \ . \ t.-- ...-.. 16 T1', - _ _ . , ___ ...,....___ 7 ..1':- •'.., ,... .., - ,f.e„uti•tx., . ‘,,,; "' •I'. — \ i' \ IIII.mil . , 4 . ..... •-:or-:,':' ' . .-• ‘ . 1 t ._e .--:- ' .= -:i., •• r A :::.: •* -ir i'-'• ' . . .- . .. , ,..... ' . \ \ \ ' 4 - . ..,.. , . ..-' i 1 .... ."N . , . — 1 , 1'..111:. —--_-- • . __________ ______, • , , *:' -'' i • 44 ; Z' % •, ., we . .V . ., 11 \1•... ‘Nonanommis.......... ......... -1,: 1 -4 • _._. '' ,I.':, • .ae,....1; " •A .i.1 0:.1. ',114 '8....Nr"' 4.. c..• u 1 \ ,---- - ..- \ .......„ ____ _ . ;' , ')At ',:‘,".; 1,. ' • . , t :'s A , it-11.,:t •.; .,...ii: •s. , ..;,f. ...,,,,-•:, - ,. 1 • C i Ct I ) I^r- --* •. '0 4'4: )\ - • ' N , -•,'IP ' .,,.')17'7! 9•\ ., ..7.1.- ,r_ v......., I .4. ..JI U '. /1116.... ‘• .•-2Pli :'`.-,,.. v,. 4 ' '''''0:1'.1';17:/ft •,..::::...'1::k l''7..l-'14141-24:4 'I:2 .:141 ..•-1\'-f..•:•Jr:••''''''' ( ili ''1 — • !:...' -. ''......" '•Vm L ..... '-''ir ,. _-,,, ,.,:.rt k.) , .- ' P'.---." 's/ '''''' . ' kA-•,,-;.-., ,;:-.::.i..-., 0 tv ,,, ' 4-7--='‘.4.\ ..1......--- Quit-'' . ,, -4: ' '. 1 •U 0 I Or/ 4a —— 1.4' -Thlaft...............1 .1 , 1 .1 ' ' -- -- . P , .... . . s - , . _-- - _ ,, .,^ I . : ';;1"..-1.....'..:4',-/' t 1- 2- 4 6 . _,„..-",••„..it, ti,„:,-..,. ,. • .‘ , it.„..„ 0. Disclosure Statement Gk:g qf'Vino.each Planner & Commimity ''# 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 I�ct.,4C-h 31 ---_---__ j_. Does the applicant have a representative? ❑ Yes f No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? OQ Yes ❑ No 7 � � • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) L 1 trf_r' C- J� ZG i i. a,vfl f �a~ FoiLMN/r us"T tie;( ,4, s� 40.71-fet- • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ( Page Disclosure Statement nev e . Known interest by Public Official or Employee Does an official or employee of the City of Virginia Bea have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes • 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 inancing 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. Q p Does the applica have a real c:t:t:`: ;ent/realtor for current and anticipated future sales of the subject property? 0 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 onnection with the subject of the application or any business operating or to be operated on the property? 0 Yes i.7 No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provideded in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes L'i to • If yes,identify the firm or individual providing the service. 5. is there any other pending or proposed purchaser of the subject property? ❑ Yes t_•3"tVo r. • If yes,identify the purchaser and purchaser's service providers. 2tPage isc o '=E''Sta e e {.V c,, oy. :0=41 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?El Yes !�1Vo • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connecti n with the subject of the application or any business operating or to be operated on the property?❑ Yes l�d'No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in co nection 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. Applic nt Signature N l�rL�n — /-&arm, �- Print Name and Title 0740Ct Date Is the applicant also the owner of the subject property? 0 Yes Q'lCio • 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 i..a No changes as of Date Signature Print Name 3 ( Page tN u rStatement f2.-I4}n '&4t,i7,MY.11ddu't;Y Li t f t "T -_• Continue to Next Page for Owner Disclosure Wage Disclosure Statement • arr.,/vima.bey P nnir`ig &t:CJr23ir unity Development . Owner Disclosure Owner Name 3 00 1 Applicant Name C.a-4- SI 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) f rP-"ta C t.0 (2 - vrW d Co3 1L lid" j7 1ras'� lire i f� 4 r fee- . Avecr • 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 Q-iro • 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 t score Statement - �; j}+ F � ` � 3 r. '# r .mf , Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any finan ing 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 financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes Flo • 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 Ergo • 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 c nection with the subject of the application or any business operating or to be operated on the property? 0 Yes o • 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 121 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor i 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 i 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 :Citu of Alp-ma Barh Planning& Community Development S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?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,lam 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 0.1't Z� Date 7IPage \ 3315 ATLANTIC, LLC 1 1 t/a Lagerheads Café OR _ 3315 Atlantic Avenue 1 Ocean Beach Boardwalk Cafe Type Tortugas Club Resort Cafe& Tiki Bar 0 \ \ WA Lagerheads Café ",, 1 1 �, Other Existing Outdoor Café `G 0e. 1 d 1, 5, Property Lines LAG DsktA CPO !p1, coStructure/Building Footprint 4\ o ®Zoning 5- o\ Se% Green Space I. ;� [ Paved Surface Hilton \ Garden Inn 1 1 1 I i t 10 0 10 20 30 40 50 Feet wv, Apra ' 1..PIP V 'ir " - ' ,:,4:':,..X--,-------:-:/,-Z-.:;.7,.Vr`..5, -^:`,,-.....,:t:r-'.:. '-,7, :- _. .. _... j I .. , . 3315 ATLANTIC, LLC .� ,','" --, . `'�' • t/a Lagerheads Cafe .r . _.... :Al. -- V - r 0' i-11 --r - . - , l':,' -...., -414z4......„,„.„...,,, „ :,, ,...,... 4 . ,,. 111/r '" - -- --r . ,, .11 ,- -1- r , ''' 111---lei,.:i'..."....'4'40., ,,.':f:,:'.1 '.;,------- 7.,..:::‘,:- , ::i.' ; f -Talk .* ' ' I r-, Maui 1 y ,,,: . _ • ,•_.,_ . , ,/, _ , i - 1 _it i:::: , • ... , , L., \, i ,- . ,. i—_ _....t.i..-.1.......„4 . _ ■ 1 Y �g j- '' ' ¢ =fig ' Via_ "i� ,t's = ^C' y.`� r� _4S:74;,1:!14 f z •- ' - ter.. \•.. }=_ "-.. • s- " t : Z g , .• j._...,. a ...to:7- .• ' ,,, '' C - ^"lic.' •... _=..• > 73 - -..._. .7.r , • - . •- .- W , • •1 x- 0 _ - - -1 . el (.1 , ' .."..,,,,_ ..,,, -8, r+. — t. ) , ,4'it.;„.,- t,,,, 1 40A, - . - ', : * iz • , in r) (140,9, , - i • • -1,.. rl .-P > al -ri 0. immi $ MIME if— . . .. . , $ WINNIOL k 1 1 or II! . .„„„,.. ti It..... ....... ' 4 1 \-• , -74 A \ r A ' r; 1.11■01110.1 0 --- 11111111 imie \ mown Is _ ,...., • Sir ' ' i L,..,.. 1111:______. ,,,1 r , , IMIMIN -mo CO L f:k I- ' r....p ,q i( : I--'- _...10,__ ,. „ ' t v , 1 , , 0 • , , i 0 _ a _,....f '1 . ...—— ' ' .....;„vt.. .. f , \ 'i le I 4-- impr-or 1 , .... . 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 L _ j r Does the applicant have a representative? 0 Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? L1� Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) qv' C. mow;, N , t' a Y-e_voc." • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ( Page . . _; Disclosure Statement a ' ' v4 -. it'd' a �— L-,:::,,- wF.a „ x. w my ss N Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea ve 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-collateralization,etc)or are they considering a mancing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No . If es,identify the financial institutions. S _ t 2. Does the applic aye a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 0 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 E'J 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 If-No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement cnN -�v- De'• opmmt 6. Does the applicant have a construction contrac,o,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 connec on with the subject of the application or any business operating or to be operated on the property? ❑Yes m No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in nnection 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. 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 com ittee in connection with this application. Applicant Signature Nie i ,r:�,ram .f.r.�_•,.r� Print Name and Title Date - ..-- - Is the applicant also the owner of the subject property? 0 Yes iS2No • 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 ! a No changes as of Date -- Signature Print Name j 3 ( Page Disclosure Statement Continue to Next Page for Owner Disclosure 4JPage Disclosure Statement \ .49 a7141i190 8t . • Planning&Community Development• -- • Owner Disclosure Owner Name S Applicant Name �( Glc l—_ _ J Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) y" oc �. - wit✓\ �OIZ-�rt� Vo���c�l� �`r w� j >Z. l -Pwk,r\_- • 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 a 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 shouts/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 [ Page € su e Statement Pt^m , Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterallzatlon,etc)or are they considering any finnee'`Ing in connection with the subject of the application or any business operating or to be operated on the property? LIYes ❑ No • If yes,identify the financial institutions. /�� �rr�ccm L o �r yr-Q r C-l Pk..__ Y r �Q � 2. Does the Owne;..hAve 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 Owner have services for accounting and/or preparation of tax returns provided i onnection 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 ENO • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes NO • If yes,identify the purchaser and purchaser's service providers. 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 i9.eonnection with the subject of the application or any business operating or to be operated on the property? 0 Yes t21 No • If yes,identify the engineer/surveyor/agent. 6IPage S0 Disclosure Statement • 5 ctogrittobego 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 rrsro • 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 /16t Print Name and Title OZ,/0 Z/ Date 7IPage -- - - y j \irroaBeMuseorn THIRSTY-24, LLC 5od&Res`ue t/a ATLANTIC PINTS CAFÉ 1--`"' 2314 Atlantic Avenue 4thsTR��j ' Sidewalk Café Type 2 ---- (Atlantic to Pacific) ____\, i \ �orofost w'tes A Atlantic Pints Café r Property Lines Ammommonrm Structure/Building Footprint CZoning FA Green Space z Paved Surface G T Z TA m OR Atlantic Pints x m 1C1-4 )1 Beach Bella P1zta i 10r 0 10 20 30 40 0 Feet Disclosure Statement 113 co,ov,,gm.Beads 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 1/1 Applicant Name d 5 t �"' - "' ► M-6-44:,.3 Does the applicant have a representative? ❑ Yes ` No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?J Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) r r • 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. 11i' ag Disclosure Statement City 4/Yb4'ma Bench Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia seam 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. mei , sr,. E,t fic 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the s`a_iff: operty? ❑ 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? ❑ Yesi 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? El.Yes ❑ No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 2Ii Disclosure Statement ei of Vinyl*&set 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 con ction with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in onnection 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. 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. f76. Applicant Signature l iTh" K Ll 14,1 Print Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes Cl 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 Sili No changes as of Daft ure Print Name. 31 Disclosure Statement Continue to Next Page for Owner Disclosure 41Page Disclosure StatementNA3 City of t'ap6vti Beach Planning & Community i3 Development Owner Disclosure • Owner Name Q L Lt. Applicant Name t 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 Beath have an interest in the subject land or any proposed development contingent on the subject public action? ❑Yes Lii 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. Si Disclosure Statement cityeJ tiRrymAen Beath 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 co/nection with the subject of the application or any business operating or to be operated on the property? CI Yes E No • If yes,i entify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? D Yes No • If yes, entify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided4in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ItNO • 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 TYNo • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? D Yes (A/No • if yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes Wilo • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/a ent i onnection with the subject of the application or any business operating or to be operated on the property?D Yes [ • If yes,identify the engineer/surveyor/agent. 6Ir Disclosure StatementVB Lxp of tiroitiaSemi, Planning Sr Community Development S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes r No • If yes,identify the name of the att'nrney 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. C 1 /1? /.. / Owner Signature 1_ Print Nan ciao Tit._ 4 eG. 4� c t' i ?_r Date t 7 t, Quality Inn& Suites Oceanfront /� / CHIX SEA GRILLE, LLC t/a CHIX CAFE ic n T R 701 Atlantic Avenue Chix Seaside t Grille& Bar 1 Boardwalk Café Type _ co \ og. }1 v Chix Cafe 0- 1 cP v• Other Existing Outdoor Café o Property Lines m in\ .r � jiii , Structure/Building Footprint d Zoning park � 1t,stconnec r Green Space Paved Surface I - \ , Doubletree Hotel by Hilton.. Ct 1 i i 10 0 10 20 30 40 50 Feet • . l'•':! .- - ' r-,? '.-irt-4,'•,•-,-4.. "-•• -.•'•• • '-•:-.• ' . - •:-..v,-, 1,..-t_••= •. • I _. , p, i .•=,' __ ., . ,., I, 4 ,- ;=L TT . ___ ., . ...,.... 7.. , ......,.. ..., . . . • ' -... ' i, ' M. t,i . ..,..., ,:... ,-71,• , • " 1 r • . ' , - .47..,,j -&-:„„wl,-,,,, __,• ,_ . 4 A.1,.....t ____ •i- . L...i._.. r ti i, le • - - ' •••••••• ,-- ,am... ,.•••••••••^*'\ Ir.- 77-_-_-_-__ _ _ ,.... v , .__. .4-','•—=_.-_-_. _. ......___. , .. : ..., , - 1 _ , -... - 1 • . • . =•11 - -. - •- -...... •111:- !.. :',;.-P ' - - •,, . . . ,. -• - l •Il ,, ;• i .. . . , . -.? . . ti.,-• 4.' \ _. . r t \ I....P,...p..- ..•-•___„„._ i L_ ! , 74,'...4• .1dA111 . '•.,••-k.''l-t'4_-!--•-.,.I ,i*-:'..-t•'4•;•.-.-7!---r-...t4.4---*,.. .)."-:'.•.."',4-\ \\.. 1_2k. • . 3 \\..._\ •,\... ‘....._,L. i . , 00 • i Vt. 1 11 I % , - i 1 411,° 1 1 ..,..... , . , U ,. m.1 ... .. W -114 ...1 .1 .inu . ' . , Ca 11- w 5 r . 4 x 111111k . . i ,, • : • -.• '„ _ 1.1.1 ' VI = . •- 1,-'-"; X U 1 M t/glij /Ilt -7,_ ; %••,....04....... , „..,i ... •. - . , f• . 0 .t 'I ,:. . ,.- '•11 4 , \ . .,. - t, .t.. ,'• U Gia • -. .: •,.•,,„, . .: , . w1 -;•,,,. __ t,:, , . .--_-••*.)„ . I --A ' , . _ .___. .....„ .. . \ ---- • - - /- -1 .., i .,._ - - , :,,,..„,-..,..'7[:-.21!,4;,.._,:-•;:. .._ . .. •4, .i' - -----,-:., -,. ---_-., - ,,. -- .,, —•-..: r• ._ . _.... r .... t..t,.. _ . ,.. , ,.., ••,/ '—,. \ _ \''. ;,---!'.4,,._'.. . 1-• • \ .i , \ 1. 1 , • , ....., . - - .........„--. .. , \ . ... • , . . , . -- " '' . ' - 1 -• ' - , . , — V:- ‘ •-—111 1\ ,.... -.. i 1- . ' + . ,:Ai ---t- '• . , I , • rt-,•, V ; ,_1 - , . . I • , I Nt- - - ; • ' — • . ,„, .. . . . ^c'•.--. , \ i I ,,,,,i, • . ,..... ' 1X.•• t , , .- ...- ._ • , •. - 1....., • ; _. . • ''„,..._ ', ,..- .•. .. , . _ ., ... . . A\ . ..,:.„ k I ' • - . i• i ' ( • . ... • i , 1 __ I. : . 1'' ,..,.. !" / ;,....t- .. 1.-. , . ... . J ' ‘ ;.• , •;, , , . TO , .' .' , 0 ; , : , ' ). ,. .....*: , i . ...1 IN , - . ' 1 ! 0 ....1 c4 W.' • I fr. I/ r•r ' sf : . • IiII =mil inij 2 LI. •,4, It 0 < 0 , ..• , < 5e VI •6\., , . 1 • X L.) i 11111 I "3 4...... pi- Disclosure Statement Vit3 Planning 4 L'uir.liauui- • 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. A plicant Disclosure Applicant Name j)t )( S'CC —it( 1 I It L-LC, Does the applicant have a representative?14 Yes ❑No • If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • fif yes,Bst the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) MsChael S n n N\ar k ah _ _S • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) _ 1IU "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. a"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. liPage Disclosure Statement i'i I i 6:Community 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 T '"— • 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-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? 2'Yes 0 No • If yec,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/reaitor for-Current and anticipated future sales of the subject property? ❑Yes /Erio • 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. G 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 .CAo • 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 ,12-No • If yes,identify the purchaser and purchaser's service providers. 2JPage Disclosure Statement 1/13 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 r'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 p No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal g 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 name of the attorney or firm providing legal services. V 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 Date — -- is the applicant also the owner of the subject property? 0 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 o the dppi ca,ions 0 No changes es of Date sig••ti•• PrInt Name 3 ( age La La Land Sugar Candy Kingdom ANSHI, INC. t/a CANCUN FIESTA CAFÉ 16SHSSREEl ~ 1516 Atlantic Avenue Sidewalk Café Type ,i3 (Atlantic to Pacific) The Breakers Resort Inn Cancun Fiesta Café Property Lines uII Structure/Building Footprint ----s v Zoning �2 Green Space n Paved Surface R Z Z � m G 110 OR 2 T r„ Breakers `ni Resort n Parking Lot r Concur' rm..,.. Fier° `, 1 Atlantic Fun Park 3 \ I , 1 ..� \ 10 0 10 20 30 40 50 Feet 1 3 p� t ,..,mo.. ,. '' -- Fes,s --•_-- .,, �' -^ ' h > .._is `x / .`. .. -.. i ,x �.- " \ f/ r ..�_ `\. 1 y/ t ....../... f� # ' smilerr ,.„., - t , „,,,...,..._. , \„. ,...,_ fir' �. r.11� i. it • mom ' + m.� immense( MK < t\ t "- \ \ ^N:3-- •' � I _f ®.. i . 1i rIII g . a ,. '.-- '' ----,,i,'47 . ! : 11. ,,da P . ' '_,- : ,,, ,., A ° ', \ > __- -- lam 1'747 I ` It W cad : <..'�{ { \ 4_ as V z �- ' \ �� i Q • ri Honnom Q4.0 � 1_ i1 � Disclosure Statement • s m� „ r� q Manning : 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 ANSHI INC DBA(CANCUN FIESTA MEXICAN CUISINE) Does the applicant have a representative? II Yes 0 No • If yes, list the name of the representative. AJAY BHATT( PRESIDENT) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Li Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) AJAY BHATT (PRESIDENT)100%OWNER • If yes, list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11Page • 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 Q+ No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? CI Yes ifNo • 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 re 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 k 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 F1 No • If yes,identify the purchaser and purchaser's service providers. 21Page Disciosure Statement W • 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?❑ Yes E 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 I 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. 4949'. 7i7,477-- Applic tSi ature NAY BHATT (PRESIDENT) Print Name and Title 2/21/21 Date Is the applicant also the owner of the subject property? ❑ Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ElNo changes as of Date Signature Print Name 3IPage Continue to Next Page for Owner Disclosure 4IPage • .k Tf, { k J - `� ` r . r - r r 4 } { • { [ r Owner Disclosure . Owner NameTEBELE BROTHERS INC �4 Z.4- /SA. ' 277 [i f_f'' 4 e. Applicant Name ANSHi INC DBA( CANCUN FIESTA MEXICAN CUISINE) is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 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) /t'4,'a e Known interest by Public Official or Employee Does an official or employee of the City of Virginia beacha.e.haee an interest in the subject land or arty proposed development contingent on the subject public action? ❑Yes 0 • 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 total 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(m)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 close working relationship between the entities,." See State and Local Government Conflict of Interests Act.,Va. r.,.l..Rw7 14461 .'1 a n- Owner Services Disclosure 1. Does the Owner have any existing finandng(mortgage,deeds of trust,arm-coilateralieation,etc)or are they considering any financing in con n with the subject of the application or any business operating or to be operated on the property? 0 Yes LI" 0 • If yes,identify the financial Institutions, 2. MPS the Owner ve 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/reactor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided In nection with the subject of the application or any business operating or to be operated on the property?[]Yes isf"7U0 • 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 ar the application or any business operating or to be operated on the property?0 Yes o • 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=TNo • If yes,Identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor i nection with the subject of the application or any business operating or to be operated on the property?0 Yes O • if yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/age n 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. B. is the Owner receiving legal services in co coon 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 Sfitnature I certify that all of the information contained in this Disclosure Statement Farm 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. Winer Signature Print Noma and Title I Kafir Bros MOLIAR LIQUID ASSETS 2, LLC OR03 \ t/a REPEAL BOURBON & BURGERS CAFE et 6 { G 1 ?,Cr R° Oh F�d,e 202 22nd Street Sidewalk Café Type e � (Atlantic to Pacific) aPubcaf� pab V l 1' Repeal Bourbon Burgers Cafe "e Other Existing Outdoor Café 2Np5TREES �� _ — Property Lines 2 y i Structure/Building Footprint REp�A`Bo�F0N& 0" Zoning r 6oRG�� Green Space 204pala ' Paved Surface tur,a sea,-a{e. 10 0 10 20 30 40 50 Feet / ,a ... ... ,. .4 A. -- v., ., 1 ,A ' , w ' / /4 / .. . / ,.,, /!„/ 't 14 / , A f , ;1/411 ‘ '.' ' \• l'\.\ - ',,,:'4::‘,T' ,.1....,•11;-- _ i' ' ;,, ' 1•• 1 : - ,;:•I• ; ' i • -...„ :-: r, ' \, N a.,•24.L• -•; •\ .--• -•-••L'I is',1 '1/4 — C--1---• . _ , r -±---;7.,•‘c'-r ., Jr.-. ,-1...., , : rir - • ' - * .C 1 s--(\:. -: •tO ' 1 V -., ,, ,,, , 7 s 1 \ ' '•'''''' ::t . 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' CCI = .----ir i Z 4.0 CO t i i' — I t I i . ‘ 1,i, / / A / The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 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 (110.1 L ,4_.4 CP)ID itSSE11 r 1 , LL C' Does the applicant have a representative? 0 Yes ❑ No • If yes,listi� the name of the representative. t-\er-AANrr“ Q03b1/4/ Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? C3 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) e t -Pra 4-4 �f [ C 4 7 (_ ri\AN k-1 IN f + the A Ly e.0- t4-11c.4-*:7) < <1 c,rt l{44 iAC-i iRi‘i EtfiE z-) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1IPage • Disclosure Statement • 1'a,-) i!rt • 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 ❑ 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? 0 Yes 0 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 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? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 2 Pogc fi € clossure. Stklternent� I) vci+)Irll:c'tlx- 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?tYes ❑ No • If yes, identify the construction contractor. i11 4 t2. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business r operating or to be operated on the property?❑ 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 0 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 !`i tr 71-4 it ink)Y rr r C1 - Print Name and Title Q31• 02• LA Date Is the applicant also the owner of the subject property? 0 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 No changes as of Date Signature El I Print Name — — 31Page Disclosure Statement 's a3TItI ' �f� ti _` ,z- w 1�trtt;t)t23'.t3i Continue to Next Page for Owner Disclosure 41Page Owner Disclosure Owner Name rnMMti L Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-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?0 Yes 0 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 Statement t'It4-oneB': _- 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 0 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 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? ❑ 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? 0 Yes 0 No • If yes,identify the engineer/surveyor/agent. 6 I' a e Disclosure Statement ph-titian:'; tailIitlita . 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 D No • If yes,identify the name of the attorney or firm providing legal services. Owner nature 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 Pc LA s-t �-P — 144•,PA G%V G-, i,t_oL14 t N rr_f Print Name and Title Date _ _ 7IPage T Oceans 27 BEACHSIDE, L.C. 27 Cafe t/a Yacht Club Café _ 5t. nectot Park Z�th coo 2607 Atlantic Avenue CP Boardwalk Café Type —' so Gale ca , o , V Z Yacht Club Cafe 61 4‘, \ i , Other Existing Outdoor Cafe 0 Property Lines N , at_\` ., Structure/Building Footprint d Ell Zoning 27th Street c + '� Green Space Apartments \ �+ \ Paved Surface ) . \ \ s \ \ 1 1 1 --- % < \ \ ---'"— J` -! Holiday Inn j ' * fr - Expressik \ ' \ (?-0 I i f 10 0 10 20 30 40 50 Feet 1 :, � " =4 �f �, r ' 1 "4 Al2l '- F ffi , ,/,'--'.-:,-.,.-._'-:.--,.•:I,-:_'-,_i,.':-s.';..-,7_'.,_,..-..` ..7'.::,----'i-V1'.:s.'t:.-,:t--.--:`-,8,.-1:.,,--:,:_.4-:i?-.-i--,.*--,.t_.,-i-t-.'l'.,--,-,,._---.---.V--,,--:----,.4...,i-..4y;.,_..-ir- 1.,,.-r:---.,.,._±':-',,-.t.,..,-c..:':-.J.S:,;..'-','1'*;,,,.-4.,o„,I-'•7,L...'-,.-s,,,,,,':.,-..:.--..„-,,f':..,,.'.-:.-...;-;.1,.1.'„I1-7,,-,.*.-,-7-,ii.:..,.:....:..-:-:----.;t-_••.:-_'--.. .:.,-=..-„-,'-::---:":..-"7-'..-'-,'-. .:._-..-.'..,'. .:,,':..:,,".L.--.,-.._1-,.-:., ' ,,, -'�jS e -' t - 2. <t -yam .-•: =--iv=-..- ';‘,.-8-:1 •-•-- !,..,---..---7Y,t- 441, . It — 3H ' .."'"'""'"' ' •=1 j•,..1, 4.1 ,. - , ,-,„,„„,,, _,--_,.,..,‘,,,,.,,_,,_,,,x, ,,,,.,,,, , , ,,, ...,,,:,,,,,..„,„?...,_ ,..... _„...„.,,,,,,,,...,,,,,,,„ _ ..,1 . ,„ ----/ __,1 ,1 ._ ,...4 , ,„. , ,,,, _, „,-_.„. _.,..„,,,,A.. . .,:.q w-_-,-.- •.• r. - i--...lit '.-; ---.., In liv4 I... ,.,,,..:,_...,.. :„.,1,,,,,..i„, „, i, fr. 4 _ j a WONIIMININNI :178:..8.-.'-'kf.1.4e1:k. . erg 1 j _ t ^^ii i� r1 . _- L , varairmi--- 111��MilleMill _ ivk emileleaw 4-,-,. sms......1111....."1/ " ��r a � i € - ` ,. _. rn _iC ' ; l't i 4 o-- . . { ""' (` f - ?., i i I o ,tea r 'o - T � 67gre—://11 _ �, ttinflAVIIISESO �r}74:. � r sw—morm u ILP ' .�.: • p, _,..............7, 4' 'f Nata \ 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 Beachside, LC Does the applicant have a representative? l Yes ❑ No • If yes,list the name of the representative. Christopher W. Brown Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? iF Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) (see attached list) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Coastal Hospitality Associates,LLC 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. 1JPage 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 IN 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-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. Towne 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?W Yes ❑ No • If yes,identify the firm or individual providing the service. BDO 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?Br Yes ❑ No • If yes,Identify the firm or individual providing the service, Donald Bowers.AlA-Saunders&Crouse 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes IL No • If yes,identify the purchaser and purchaser's service providers. 2JPage • I n st�i Bee, • 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?❑ Yes DB 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? ME Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Robert E. Farmer,ill,Esq. Kaufman&Canoles, P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Christopher W. Brown,Vice President Date IKRIteR �,f .)-o Is the applicant also the owner of the subject property? A. Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must he updated two(7)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Wage BEACHSIDE,L.C. Holiday Inn Express 211212016 % Interest Class A Member Beaehside 1.0 Thomas J.Lyons,Jr. 37.0 043-32-9054 1121 Wye Lane Virginia Beach,VA 23451 Class B Member Avamere Corporation 20.0 54-1646507 do Skip Smith 1040 Spottswood Avenue,Unit 205 Norfolk,VA 23507 Class C Members 'l nomas J. t..yvns,Jr. 8.0 043-32-9054 1121 Wye Lane Virginia Beach,VA 23451 Thomas J.Lyons,Jr. 2.0 043-32-9054 1121 Wye Lane Virginia Beach,VA 23451 (formerly Dave Johnson) Timothy J.Stuffier 1.0 151-58-0946 1300 East Bayshore Drive Virginia Beach,VA 23451 David Young 20.0 226-46-7133 4000 Arrowhead Point Court Virginia Beach,VA 23455 R.Be miing Penner 2.0 224-514438 1500 N. Sea Breeze Trail Virginia Beach,VA 23452 Class D Member Powell Joyner 2.0 228-60-8139 832 Quail Point Cove Virginia Beach,VA 23454 Class B Members Timothy J.Stiffier 2.0 151-58-0946 1300 East Bayshore Drive Virginia Beach, VA 23451 James R Day 2,0 173-42-3234 725 Small Drive Elizabeth City,NC 27909 John Fay 1.0 225-74-7941 1340 Brant Road Virginia Reach,VA 23451 Joan Lyons 230-88-7636 1121 Wye Lane Virginia Beach,VA 23451 100% prUrebp-blc-rem r t 1 1 1 I, AQUA INVESTMENT 1 \ ASSOCIATES, L.P. t/a The Square Whale Cafe 3900 Atlantic Avenue Holiday Inn North Beach p ,i Boardwalk Café Type G 1 T./ + Qo 9 \, 1 w M Square Whale Café cP 1� d _ _ Property Lines T ;S S ' / ,2, \ o II Structure/Building Footprint I \ y Q Zoning 1cc- lc Green Space la, 1 1 i Paved Surface \s ,l 1 1.. c. I, t ._. 1 3g'SN ST 0110111 1 v V r i I aft.- 10 0 10 20 30 40 50 Feet - - - - • -•••-- -- . - • i '•-•vt-,z-- 1.7•'•!-..i.r ..-,--%••_. 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On ' - 7.i - ..• . .- . .1... .' . 4 . ,.'"'..c4 .' • . 10•1 VI I— .,s,--,, t,, '.;:.•*t.,--:,tter.--t*.ts3 - ,-",:-•M-•,-.-- ‘ - ----- • 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 Aqua Investment Associates, L.P. (see attached list) Does the applicant have a representative? lP Yes ❑ No • if yes,list the name of the representative. Christopher W. Brown is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? IE Yes D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) (see attached list) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Coastal Hospitality Associates,LLC 1"Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 Page _r Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? IC Yes ❑ No • If yes,Identify the financial Institutions. Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated tuture sales u. .,ie subject property? ❑ Yes 1 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?GE Yes ❑ No • if yes,Identify the firm or individual providing the service. BOO 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 t. 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. 2IPage 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 Oil 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 t' 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?NJ Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Robert E. Farmer, III,Esq. Kaufman&Canoles, P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature Print Name and Title Christopher W. Brown,Vice President Date Jn/pp e f 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 31Page AQUA INVESTMENT ASSOCIATES,L.P. &11day Inn&Suites/North Beach 12/31/2014 • Vest 1) 3900 Oceanfront Investment Associates;Inc. 1.0 2) Aqua,G.P. 29.50 3) Aqua Ventures 20.0 484 Viking Drive,Suite 105 Virginia Beach,VA 23452 4) Riparian Investment Associates,L.P. 49,50 • TOTAL 100% prhvshp-ela.tl 1 f� Sj S4 ( � %! 7- (: ws. rCc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Unimproved Portion of Singleton Way (Formerly Princess Anne Road), S. Witchduck Road (Formerly Kempsville Road) and Princess Anne Road (Relocated) Adjacent to the North, East, and Southeast Sides of the Parcel Identified as GPIN: 1466-78-3845 (Parcel "D") MEETING DATE: March 16, 2021 • Background: As part of the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931, the City of Virginia Beach (the "Applicant") altered the alignment of each of these roadways, and the intersection was relocated to the south of the former location. A portion of Kempsville Road, south of the former intersection is now known as S. Witchduck Road. Additionally, with the shift of Princess Anne Road to the south, the portion of Princess Anne Road to the west of the former intersection is now known as Singleton Way. On April 22, 2014, by Ordinance ORD-3345B, City Council approved the Applicant's request to close portions of the above streets, subject to the following conditions being met by April 22, 2015: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant, or its successors or assigns, is responsible for assessing private utilities in the area proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. On April 21, 2015, the Applicant requested and was granted an extension of time to satisfy the conditions to April 22, 2016 (Ordinance ORD-3404C). On April 19, 2016, the Applicant requested and was granted an additional extension of time to satisfy the conditions to April 22, 2017 (Ordinance ORD-3448D). On April 18, 2017, the Applicant requested and was granted an additional extension of time to satisfy the conditions to April 22, 2019 (Ordinance ORD-3499D). On April 2, 2019, the Applicant requested and was granted an additional extension of time to satisfy the conditions to April 22, 2021 (Ordinance ORD-3584Q). The Applicant is now requesting additional time to satisfy the conditions. Staff concludes that the request for one additional year to satisfy the conditions is reasonable. The area that is the subject of this ordinance and the adjacent site at 5161 Princess Anne Road have been approved for sale to Princess Anne/Witchduck Associates I, LC (the "Purchaser") by ORD-3646C on December 8, 2020. The land proposed for closure will be incorporated into the adjacent site prior to closing. The extension will allow the Purchaser time to perform the resubdivision. • Recommendations: Allow an extension of one-year for satisfaction of the conditions. • Attachments: Ordinance Exhibit Recommended Action: Approval Submitting Department/Agency: Planning Department Fp City Manager: M 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED PORTION OF 4 SINGLETON WAY (FORMERLY PRINCESS ANNE 5 ROAD), S. WITCHDUCK ROAD (FORMERLY 6 KEMPSVILLE ROAD) AND PRINCESS ANNE 7 ROAD (RELOCATED) ADJACENT TO THE 8 NORTH, EAST, AND SOUTHEAST SIDES OF THE 9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845 10 (PARCEL "D") 11 12 WHEREAS, on April 22, 2014, City Council acted upon the application of 13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way 14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 16 17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the 18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and 19 Princess Anne Road, subject to certain conditions being met on or before April 22, 20 2015; 21 22 WHEREAS, on April 21, 2015, the Applicant requested and was granted 23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the 24 conditions attached to the aforesaid street closure action; 25 26 WHEREAS, on April 19, 2016, the Applicant requested and was granted 27 (by Ordinance ORD-3448D) an extension of time to April 22, 2017; 28 29 WHEREAS, on April 18, 2017, the Applicant requested and was granted 30 (by Ordinance ORD-3499D) an extension of time to April 22, 2019; 31 32 WHEREAS, on April 2, 2019, the Applicant requested and was granted 33 (by Ordinance ORD-3584Q) an extension of time to April 22, 2021; and 34 35 WHEREAS, the Applicant has requested an additional one-year extension 36 of time to satisfy the conditions attached to the aforesaid street closure action; and 37 38 WHEREAS, on December 8, 2020, Council declared as excess the area 39 proposed for closure together with the adjacent parcel at 5161 Princess Anne Road 40 (ORD-3646C) and the additional time is necessary for the purchaser to complete the 41 resubdivision; and 42 43 WHEREAS, the Applicant, or its successors or assigns, is responsible for 44 assessing private utilities and providing easements satisfactory to the utility companies 45 in the area proposed for closure. GPIN: Right-of-way / no GPIN assigned Adjacent to GPIN: 1466-78-3845 46 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 47 Virginia Beach, Virginia: 48 49 That the date for meeting conditions of closure as stated in the Ordinance 50 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 51 is extended to April 22, 2022. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on this 54 day of , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Att r ey Planning epartMent CA15216 vbgo.coin dfsI applications\citylaw\cycom32\wpdocs\d004\p036\0070905I.doc R-1 March 4, 2021 F EXHIBIT A NOTES: _AREA OF PROPOSED STREET CLOSURE 'D-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT (28,095 SQ. FT., 0.645 AC.) OF THE INTENDED SFOR ANY DOTH RRTTHANCGE ERAL)REFERENCE.IS NOT s, Zer 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS (1-0,,, l��ON'�' li4 PROPERTY. A=88.85' ('/B. Y'o'Q/NC Riji R=772.50' (jNSO, A, 9J FSS 4NNE �'4y, I p =6'35 24" T 200,3p22 Q �6 P R0,90J o W s o7 22'22" w P�Po�`�1SS?• 3¢J °o N 9.85' '�Os/S a. —N 5,82'35'38" E l�� ¢ E Q k 4 O �! ;?O0 S `mil 101.83' S 82'30'20" E 8 '' 2 N A=98.88' 80.07' -'4� " �� R=725.00' k.C5 A=36.78' ��♦���� c�,�' 0 =7'4852" '' Oky PARCEL •E' N F p=3'07'40" ♦ + EMMANUEL PROTESTANT Q.W A=38.08' ♦♦ .+� Ave." it) EPISCOPAL CHURCH • * h OF KEMPSVILLE °=68 11'22° ,.o �.o . �,"' ) 1466-78-0931 A=37.66' EXISTING „, ` ,,, ,, R=75.00'J '1 R/W LINE i �4I•: h cop' A =28'46 03" n 3 0 o ci Nr4 1 1 o Lr) La � � s li Q' „ I e 1, + k. 2 U° rrr) �o ,h •"i ,ti ,' 4 .Ne N v iJ9 rn h g Z , — = =2 Q � N �� a. C)1 2 Q �0 qt _ ' i .- '51 N 402028" E 6.99' 7.71'12 45r E k� N 40'2028" E 18.9720 S 15'2133" W _N,� 104./4 12 3.85' '—\ 42 \'��232" N A=38.15' A=104.39' � — —i-__ 105.78' S 6 R=8Z50'� " R=1122.50 _ p =24'58 55 p =5'19 43" N B1.8.. \_ A=6.43' 3 >146" 4, PRINCESS ANNE ROAD N 49'39 32" W 4.00' (RELOCATED) '- VAR R/W S 40'20 28" W 31.26' (INST 20090519000553070)(INST 20091019001219680) A=45.15' AREA, OF PROPOSED STREET CLOSURE '13-2' (INST 20100203000113230)(INST 20100409000329350) R=43.50' (1,931 SQ. FT., 0.044 AC.) (INST 20100507000436780)(M.B. 114, P. 21) 0 =59'27 51" STRUT CLOSURE EXHIBIT SHEET 1 OF 1 OF A 28,095 SQ. FT. (0.645 i — AC.) PORTION OF SINGLETON WAY , (FORMERLY PRINCESS ANNE ROAD) AND S. WITCHDUCK ROAD (RTE 190) _ ANT) A ��•— — 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) J L (PUBLIC BIGHT-OF-WAYS)(INSr No 20130315000305320) Eaandndoczeythitecture VIRGINIA BEACH, VIRGINIA Exclusively for Civil Engineering r .com CITY OF VIRGINIA BEACH 2(2 MRfN161R11 STE 8 160111741,31252 SCALE: 1" = 100' 04 FEBRUARY, 2014 1 CAD/chic TMF/els CITY OF VIRGINIA BEACH. VA 1 F.H. P. 1 PLAT: 1.IN:213-0160 I 't •.'P'' t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring the Proposed Location of Tranquility at the Lakes II to be a Revitalization Area in Order to Qualify for Virginia Housing Financing MEETING DATE: March 16, 2021 • Background: Virginia Housing (formerly Virginia Housing Development Authority) provides lower-cost financing for housing developments that provide affordable and mixed-income housing that serves varying populations within the same development. SUL Tranquility Lakes II, LLC. has proposed to develop Tranquility at the Lakes II, a senior housing facility made up of 38 affordable housing for seniors on property located at Burton Station Road (see attached Exhibit A). In order to qualify for the Virginia Housing financing, they are asking City Council to approve the attached resolution, which is required by State law before such financing can be provided. City Council approved this proposed project for a Conditional Use Permit for the Housing of Seniors and Disabled during its meeting on August 25, 2020. I Considerations: The project is located in the Burton Station Strategic Growth Area; and the senior housing which it proposes to provide is consistent with the Burton Station Village section of the 2018 updated Burton Station SGA Plan, which was intended to promote desired development and revitalization of this area. This area was previously certified as a revitalization area on February 26, 2014 by then-City Manager James Spore. The project is proposed as a second phase of the Tranquility at the Lakes development, which City Council previously approved and which opened in 2017. When complete, the projects together will offer 78 units of affordable senior housing. The project meets the requirements of the resolution as follows: "the industrial, commercial or other economic development of such area will benefit the city or county" This development will invest over $8 million in the area in construction, and over $200,000 in annual operational expenditures. "but the area lacks the housing needed" Our most recent update and analysis of the available data originally created from the Virginia Center for Housing Research's study found that there are 8,058 households in Virginia Beach earning 60% or less of the area median income that are headed by a senior age 62 and over who is severely cost burdened— that is, they are paying over 50% of their income toward housing costs. While this project will assist only a small percentage of those who are currently cost burdened, it will make a very significant difference for those who are assisted. " and private enterprise are not reasonably expected without assistance, to produce housing that will meet the needs of low and moderate income persons and families in such area...." Affordable housing at the level proposed can only be produced with some sort of government assistance, as every recent affordable housing development in Virginia Beach has had either VHDANirginia Housing financing, assistance from the City, or both. ■ Public Information: Normal agenda process. • Recommendations: Adopt the attached resolution. i Attachments: Resolution; Exhibit A (Site & GPIN listing); Disclosure Form Recommended Action: Approval __ Submitting Department: Depart { Housing and Neighborhood Preservation City Manager: Nl,b 1 A RESOLUTION DECLARING THE PROPOSED 2 LOCATION OF TRANQUILITY AT THE LAKES II 3 TO 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. • Ho' Sing and Neighborhood City 's Office Preservation CA 15334 R-1 March 4, 2021 t t. ', , Ln ro co °e o .i ll.. - cr o0 o t-p• !,-c_--- -o 1 / `� 63fb ono l ‘ °ti. nl • 4,,,,,\ ei\ 0,, co ,,,, _/77,-;,...-:,,, • • ,,,,i; .., 4Y z ``.. a o0 in ---.., --..., *,iiiitroli.eN "„# q-N. 0- CNI CD CU RI 11.7.1 . --2.':'----:-..1' -.:-._ , rii://':-/-,:::17:::T --- 4141: I cr -`4".) / ,-.444%, , ea I W • 4 • N os co os in ' Z CL- 45 V) C CO J • • �r • N • CO O u O J .1 .00 . r.wp GYM PICNIV4S riCukeV 1I / CSD i N i co € I L r 11) i,j O t co c `rli 00 00 in Lig y J 9 JI1i o) -C o — 1 f% 00 t —till i i ; •I ti 1 co 1 cM Q 1 �r..w, WM 4I W X 1 Lo w p 1 Lo C ._ .r e. - 4 9. 1 ; � t N ch 1 CO II1.0 ..; ' ii i ;1 14 z 1 [ III I LIn s�L r r-y-.-}it yy-{ti'Y M/. J N C 6,rVwt xa�.uw uw (d 0 al y CO U 0 J Disclosure Statement Ni3 City of Virginia Beach 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 SUL Tranquility Lakes II, LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Kedron Springer Esq. 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) Senior's Unlimited Lifestyles Inc. Board of Directors are as follows: Board President Kedron Springer Esq./Board Vice President Monique Hitchcock/Board Secretary-Katrina Griggs/Board Treasurer-Gerald Porter/Board Member-Evelyn Cooper. Please see attached for VBCDC's Board of Directors. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Virginia Beach Community Development Corporation(VBCDC)'s wholly owned subsidiaries include: Beach Properties,Inc.and Vets'Housing, Inc.. Please also note that VBCDC currently serves as the management agent for Second Act Communities. "'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. 111 a e Disclosure Statement \fi3 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. Virginia Community Development Corp./Equity/LIHTC Equity/State HOME funds/DHNP/VH Permanent Loan/Construction loan TBE 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. Sharon Prescott, Realtor-Beach South Realty 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. Pat Bullock-Pat Bullock Tax Service/Dooley&Vicars/Wall, Einhorn&Chernitzer, P.C. 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. Colin Arnold,AIA,LEED AP-Arnold Design Studio 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 Disclosure Statement City of Virginia Beat* Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the construction contractor. Todd Peacock-Peacock Holland Construction 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. Dan Ruby-Timmons Group 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? U Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Kedron Springer Esq.Springer Law Group 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. A i ature VBCDC President and CEO, Managing General Member,SUL Tranquility Lakes II, LLC Print Name and Title 03/08/2021 Date Is the applicant also the owner of the subject property? ❑ Yes IN 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 31Page Disclosure Statement Ni13 City of-Virginia Basch a Planning & Community Development s Continue to Next Page for Owner Disclosure 4I Disclosure Statement City of Virginia Beach Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name SUL Tranquility Lakes II, LLC 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 entity4 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? 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 S0 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. 5I Disclosure Statement City of Virginia Beach an Community Planning & Commu -- 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 0 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 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? ❑ Yes 0 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 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? 0 Yes 0 No • If yes,identify the engineer/surveyor/agent. 61 Disclosure Statement VB 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. Ow er Si nature City Real Estate Agent Print Name and Title 3/10/2021 Date 7I BOARD MEMBER LISTING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Effective: July 1,2020-June 30,2021 UPDATED:March 6,2021 NAME,BOARD POSITION,&MAILING INITIAL TERM BEGINNING TERM EMPLOYMENT EMPLOYMENT/NATURE OF CONTACT PHONE ADDRESS APPOINT DATE EXPIRATION POSITION BUSINESS NUMBER(S) MENT /TITLE EMAIL(S) Owner of Remax FRANK MCKINNEY,PRESIDENT/CHAIR 2/18/20 Unexpired 18-Feb-2020 12/31/24 Firm Real Estate C:757-651-3579 4705 Chalfont Dtive (+)4 yrs Retired Realtor Virginia Beach,VA 23464 Executive Committee Chair Personnel Committee Chair Funds Development Committee Chair Project Development Committee Member Finance Committee Member CHRISTOPHER L BROWN,VICE Associate Broker PRESIDENT 9/4/18 4 YRS 4-Sep-2018 8/31/22 At the Mall Realty C:757-642-6709 Property 195 S Rosemont Rd.#109 Manager 195 S Rosemont Rd.#109 • Virginia Beach VA 23452 Virginia Beach,VA 23452 Executive Committee Member Personnel Committee Member (Real Estate) WORTH REMICK- Senior Vice SECRETARY/TREASURER 7/2/19 4 YRS 2-)ul-19 12/31/24 President Colliers International 103 Ridge Road Real Estate Virginia Beach,VA 23451 Finance Committee Chair Personnel Committee Member (Real Estate) Executive Committee Member Dr.Audrey B.Douglas-Cooke 3/2/21 Unexpired 2-Mar-2021 12/31/23 Vice President J-DOS Internationale INC. C:757-575-4350 1224 Wivenhoe Court Virginia 4506 14th Street N.W. Beach,VA 23454 Washington D.C.,20011 H:757-496-2176 abdcooke(tgmail.corn J.David Crain Jr. 12/8/20 Unexpired 8-Dec-2020 8/31/22 Attorney Wilcox&Savage,P.C. C:757-675-5612 1216 Glen Lochen Drive Atttorney dcraineswilsay.com Virginia Beach,VA 23464 Funds Development Committee Member ROBERT EWELL 9/4/18 4 YRS 4-Sep-2018 8/31/22 Project Manager-Sales C:757-541-2087 1105 Oldfield Circle Virginia Beach VA 23453 Project Development Committee Chair Director ANDREW FRIEDMAN 1/22/20 Unexpired 22-Jan-2020 12/31/24 City of VA Beach Dept.Housing&W:757-385-5752 2424 Courthouse Drive,Bldg 18A (+)4 yrs Neighborhood Preservation Work Cell:757-636-4356 Virginia Beach VA 23456 2424 Courthouse Drive Bldg 18A afriedma@xbgov.corn Finance Committee Member Virginia Beach,VA 23456 BRANDON HUTCHINS 8/20/19 4YRS 20-Aug-2019 12/31/23 Network Support C:757-289-4249 240 Marlene Street Consultant Anthem INC bhutchinsvbcarnau.cor• Virginia Beach,VA 23451 Veteran Healthcare Administration Executive Committee Member JEREMY C JOHNNSON 1/8/19 Unexpired 8-Jan-2019 12/31/24 Sales Manager Long&Foster Real Estate,Inc C:757-486-0153 REAPP-4 1217 Wivenhoe Ct YRS 31-Dec-2020 3181 Shore Dr. ieremv(alnf.com Virginia Beach,VA 23454 Virginia Beach,VA 23451 W:757-481-1919 Project Development Committee Member Business COURTNEY LALONDE 1/1/16 4 YRS 1-Jan-2016 12/31/23 Development Tidewater Mortgage Funding C:757-971-0343 3436 Marabou Ln Virginia ReAPP- Manager Beach,VA 23451 12/31/19 Mortgage/Financing/Marketing aalonde;a:wrnongage c_,. Funds Development Committee Member Personnel Ciommitee Member TIM MCCARTHY 10/2/19 Unexpired 2-Oct-2019 12/31/24 Retired Retired Licensed Clinical Social C:757-581-6938 3845 Prince Phillip Circle Virginia thru Community Beach,VA 23452 12/31/19 Activist Worker,Family Counseling Project Development Committee Member (+)4 Years Personnel Committee Member JOHN MOSS City Council Liaison-At-Large jdmoss@vbgov.com 2401 Courthouse Dr.Ste.281 jdmoss@vbgov.com Virginia Beach,VA 23456 757.363.7745 City Council Liaison-Rose Hall Community MICHAEL BERLUCCHI District 3 Engagement Chrysler Museum of Art 2401 Courthouse Dr.Ste.281 mberlucc@vbgov.com Manager 1 Memorial PI Virginia Beach,VA 23456 757.407.5105 Norfolk,VA 23510 DIRECTORS APPOINTED BY CITY COUNCIL FOR TERM OF FOUR(4)YEARS/NO DIRECTOR MAY SERVE MORE THAN TEN(10) VBCDC Board Relations Manager- Ashley Jarvis:757-500-2740 and ashleyjarvis@vbcdc.org Resianations: Wanda Cooper served from 7/1/212/31/21. it e_yy �o , } t ,4��r-r � J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Resolutions to Authorize the City Manager and City Clerk to Place an Advertisement for a Short Term Rental Zoning Permit Fee and a Fee for Administrative Review-Eligible and Standard Review of Communication Towers as Part of the FY 2021-22 Budget Process MEETING DATE: March 16, 2021 • Background: On May 7, 2019, the City Council adopted a City Council Policy that requires the City Manager or City Clerk to seek and receive approval from the Council prior to the placement of any advertisement that would advise the public of any tax or fee increase to be considered by the Council. A copy of this policy is attached hereto. The Planning Department has proposed implementation of a fee to fund additional inspectors to enforce existing short term rental regulations. The fee would be assessed against all properties engaging in the short term rental activity. Additionally, the small cell legislation of 2018 required an administrative review process for certain eligible projects. While the City Council adopted the review process in December 2018, the fee was never set. • Considerations: These resolutions enact fees that support revenues in the proposed FY2021-22 Operating Budget. The short term rental fee revenue supports positions to do the enforcement work. The administrative review fee supports the activities associated with such review. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolutions (2); Council Policy Recommended Action: Approval Submitting Department/A ency: Department of Budget & Management Services City Manager: 0'0( 1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER 2 AND CITY CLERK TO PLACE AN ADVERTISEMENT FOR A 3 SHORT TERM RENTAL ZONING PERMIT FEE IN THE 4 PROPOSED FY 2021-22 OPERATING BUDGET 5 6 WHEREAS, the City Council has enacted a policy that requires the City Manager 7 to seek the City Council's approval prior to the placement of any tax or fee increase 8 advertisements; 9 10 WHEREAS, a tax or fee Increase advertisement is requested to be placed as part 11 of the consideration of the Fiscal Year 2021-22 Operating Budget regarding potential 12 increases in zoning items in accordance with Virginia Code Section 15.2-107; 13 14 WHEREAS, the proposed permit fee for short term rentals is required to provide 15 additional zoning inspectors to regulate the provisions of the short term rental regulations 16 in the City Zoning Ordinance. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA THAT: 20 21 The City Manager and City Clerk is hereby authorized to place any necessary 22 advertisement to allow the City Council to consider the establishment of a short term 23 rental zoning permit fee as part of the FY 2021-22 Operating Budget. 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: ci`r 7C 1. Budget and Management Services City ttomey's Office CA15342 R-1 March 5,2021 1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER 2 AND CITY CLERK TO PLACE AN ADVERTISEMENT FOR A 3 FEE FOR ADMINISTRATIVE REVIEW-ELIGIBLE AND 4 STANDARD REVIEW OF COMMUNICATION TOWERS AS 5 PART OF THE FY 2021-22 BUDGET PROCESS 6 7 WHEREAS, the City Council has enacted a policy that requires the City Manager 8 to seek the City Council's approval prior to the placement of any tax or fee increase 9 advertisements; 10 11 WHEREAS, a tax or fee increase advertisement is requested to be placed as part 12 of the consideration of the Fiscal Year 2021-22 Operating Budget regarding potential 13 increases in zoning items in accordance with Virginia Code Section 15.2-107; 14 15 WHEREAS, the City Council adopted a review process in 2018 for certain 16 communication towers to align local Zoning Code with the State Code, and this action 17 intended to enact a fee for the administrative review and standard review of 18 communication towers without setting the specific amount of the fee; 19 20 WHEREAS, to complete the implementation of the 2018 action of the City Council, 21 a setting of such fees for review of communication towers is desirable; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA THAT: 25 26 The City Manager and City Clerk is hereby authorized to place any necessary 27 advertisement to allow the City Council to consider the setting of the fee for administrative 28 review-eligible and standard review of communication towers as part of the FY2021-22 29 Budget Process. 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: J Budget and Management Services City Att ey's Office CA15344 R-2 March 10, 2021 f0 10 kr I,o' `,, City Council Policy Title: The Placement of Advertisements in the Newspaper for a Tax or Index Number: Fee Increase Date of Adoption: May 7,2019 Date of Revision: Page 1 of 1.0 Purpose and Need The purpose of this policy is to provide clear guidance to the City Manager and the City Clerk in the placement of advertisements in the newspaper for a tax or fee increase. This policy is intended to require the affirmative approval of the City Council prior to the City Manager or the City Clerk making a public statement that will be attributed to the City Council regarding any tax or fee increase. 2.0 Requirement Prior to the placement of any advertisement related to a tax or a fee increase,the City Manager or the City Clerk shall seek and receive approval from the City Council. The approval of the City Council shall come in the form of a motion, a resolution, or an ordinance. The City Manager shall make arrangements to obtain the approval required in the preceding paragraph in sufficient time to meet the statutory or charter requirements for the presentation of the Manager's Proposed Annual Budget. 3.0 pefnitions For purposes of this policy,the term"fee increase" shall include all fees required to be advertised in the manner set forth in§ 15.2-107 of the Code of Virginia,and the term"tax increase"shall mean those taxes or levies required to be advertised by § 58.1-3007 of the Code of Virginia. 4.0 Applicability This policy shall apply to any public notice regarding a tax increase or a fee increase. 5.0 Revisions to Police The City Council may revise this policy at any time. ;„...i.-A.,;,, ,,' ' ,..'fig., � I>i 4 2L......../ t ...,:, =.::.,9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute a Non- Binding Agreement with the United States Navy For Future Base Design at NAS Oceana MEETING DATE: March 16, 2021 • Background: The United States Navy (the "Navy") has been exploring the possibility of renovating, redeveloping or otherwise re-utilizing certain parcels currently on NAS Oceana's East Coast Master Jet Base in Virginia Beach ("Oceana") as a part of the Navy's Future Base Design program ("FBD"). FBD contemplates long-term leases of portions of Oceana for compatible development. City staff and representatives of the Navy have discussed an arrangement whereby the City of Virginia Beach (the "City") would partner with the Navy to facilitate compatible reuses of Oceana's property as contemplated by the FBD. The City would partner with the Navy to develop a master plan the FBD areas, in addition to potentially participating in leases of portions of Oceana in return for in-kind services to be provided to, or in connection with, the Navy at Oceana. In an effort to define and direct their continuing discussions, City staff and representatives of the Navy have drafted a non-binding memorandum of agreement (the "MOA") regarding the City's role in the FBD. The MOA is intended to lead to the development of binding documents between the City and the Navy. No documents would be executed by the City unless and until they are approved by a subsequent action of City Council. • Considerations: Retention of NAS Oceana as the East Coast Master Jet Base has been a long term and continuing goal of the City, and the subsequent transactions contemplated by the MOA would be in furtherance of that goal. • Public Information: Public notice will be provided via the normal City Council agenda process. • Attachments: Resolution and Proposed MOA Recommended Action: Approval Submitting Department/Agency: City Manager ,LCity Manager: it 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A NON-BINDING 3 AGREEMENT WITH THE UNITED STATES NAVY 4 FOR FUTURE BASE DESIGN AT NAS OCEANA 5 6 WHEREAS, in May 2005, the Virginia Beach City Council adopted the Hampton 7 Roads Joint Land Use Study (the "JLUS") and directed City staff to take appropriate 8 measures to implement the recommendations therein; 9 10 WHEREAS, during the JLUS process, the Navy and the City produced a Statement 11 of Understanding dated March 15, 2005, in which, among other things, the parties agreed 12 that the City would create a new process for Navy officials to review and comment earlier 13 in the process on proposed development of property located within Air Installation 14 Compatible Use Zones (AICUZ) and strengthen its working relationship with the Navy and 15 create an ongoing, open dialogue to address the Navy's concerns about potential 16 encroachment around NAS Oceana; 17 18 WHEREAS, since the completion of the JLUS, the City has established its 19 YesOceana program to roll back encroachments and promote compatible land uses 20 around NAS Oceana; 21 22 WHEREAS, the Navy has explored the potential renovation, redevelopment or 23 other utilization of certain parcels of NAS Oceana property for further compatible 24 development in partnership with the City, as part of the Navy's Future Base Design 25 program (the "FBD"); 26 27 WHEREAS, the City and the Navy have agreed on terms for a non-binding 28 memorandum of agreement regarding the City's role in the FBD (the "MOA"), attached 29 hereto as Exhibit A; 30 31 WHEREAS, any binding agreements relating to the MOA shall be presented to 32 City Council for consideration prior to execution on behalf of the City; and 33 34 WHEREAS, the City Council remains committed to the YesOceana program, and 35 the continued successful operation of NAS Oceana's East Coast Master Jet Base in 36 Virginia Beach and is supportive of exploring a partnership with the Navy for the FBD at 37 NAS Oceana as set forth in the MOA. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1 . That the City Manager is hereby authorized and directed to execute, on 43 behalf of the City of Virginia Beach, the Naval Air Station Oceana Future Base Design 44 Non-Binding Agreement United States Navy / City of Virginia Beach, attached hereto as 45 Exhibit A, and incorporated herein. 1 46 2. That prior to executing any binding agreements, the City Manager is 47 directed to return to City Council for approval of same. The City Council shall retain, at 48 all times, its legislative discretion to appropriate funds, allocate resources, and take 49 certain land use actions that the City Council determines are in the best interests of the 50 residents of the City. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 53 of , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney's Office Cit er s Office CA14835 vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p034\00706900.doc R-1 March 5, 2021 2 EXHIBIT A Naval Air Station Oceana Future Base Design Non-Binding Agreement United States Navy / City of Virginia Beach 1. Preamble Naval Air Station (NAS)Oceana ("NAS Oceana")was commissioned August 17, 1943. It is a complex with more than seven miles of runways and the latest equipment to serve military air traffic with 14,600 military personnel, 2,000 civilians and is home to 16 strike/fighter squadrons flying the Navy's most advanced aircraft. In the years since World War II, it has taken its place in the list of essential installations and is rightly considered the East Coast Master Jet Base. As one of the most important contributors to the economic stability of the City of Virginia Beach (the "City") and the Commonwealth of Virginia, NAS Oceana generates 16,000 jobs with a total payroll of more than $1 .18 billion and produces more than $400 million in goods and services each year. In 2005, to address important issues surrounding the U.S. Navy's need to ensure NAS Oceana's long-term operational viability, and the City's need to pursue strategic development goals, the City and the Navy participated in the Hampton Road Joint Land Use Study (JLUS). This collaboration resulted in the foundational initiative by which the City incorporated Navy airfield compatibility criteria into the municipal zoning ordinance. Subsequently, the City developed an unprecedented plan, the YesOceana program, to roll back encroachment in the areas surrounding NAS Oceana known as Accident Potential Zone 1 (APZ-1) and the Clear Zones. The YesOceana program has been codified into the Virginia Beach City Code to insure only conforming uses are allowed going forward. Financial incentives were established and zoning ordinances changes made to encourage conforming businesses such as light manufacturing, trade, warehousing, and storage operations to locate in these areas and for existing businesses to expand their facilities. This Agreement is entered into between the United States Department of the Navy (the "Navy") and the City (collectively, the "Parties") in furtherance of the Navy's and City's commitment to each other and the airfield compatability principles codified through municipal zoning and the YesOceana program. This Agreement outlines the shared understanding of the Parties regarding the potential renovation, redevelopment, or other utilization of certain NAS Oceana land parcels to meet the Navy requirement of providing mission capable facilities for NAS Oceana and supported partner tenant commands and the opportunity for the City to explore additional opportunities for compatible use development at NAS Oceana, known as Future Base Design ("FBD"). Further, obligations under this Agreement are contingent upon satisfying all applicable federal, state, and local requirements including, but not limited to National Environmental Policy Act (NEPA) and Virginia Department of Environmental Quality (VDEQ) requirements, and executing the required real estate decision documents. 1 EXHIBIT A As specified below, the Navy and the City agree to explore leasing opportunities on U.S. Government property to facilitate compatible use real estate development proximate to certain NAS Oceana land parcels in exchange for in-kind consideration. 2. Planning The Navy and City agree to work together to develop a master plan for FBD areas. The master plan will be consistent with the City's Comprehensive Plan and City Code for FBD areas that are subject to local code and policies (the "Master Plan"). 3. Mutual Cooperation The Navy agrees to engage with the City regarding compatible use development of certain NAS Oceana land parcels and the potential associated transfer by the Navy to the City of certain real property interests in exchange for in-kind consideration. The Navy and the City agree that non-privileged products generated as a result of this Agreement, including but not limited to all elements of FBD and environmental studies, will be fully utilizable by both Parties. 4. Lease of Navy Property a. Lease of Property; Legal Authority Subject to receiving appropriate approvals and to Section 7 of this Agreement, the Navy may lease to the City such real property in certain NAS Oceana land parcels as may be necessary or appropriate to facilitate the transactions contemplated in this Agreement. Leases would be accomplished under existing legal authority, as approved by the Navy, or via special legislation to be introduced as soon as reasonably feasible under the circumstances. b. Environmental Alternatives Analysis Each Party reserves its discretion under VDEQ regulations and NEPA, as applicable, to select other alternatives and/or a no project alternative. c. Nature of Real Property Interests to be Leased The real property interests leased may take the form of a long-term leasehold interest. The intention would be for the City to subsequently sub-lease portions of the leased property where private development was indicated by the Master Plan. The term of any lease where a private party is anticipated to be the ultimate user/subtenant would be of sufficient length to allow that party to obtain financing for its proposed project. The Parties will discuss and mutually agree upon the nature, timing, triggering event(s), terms and conditions for each proposed real property lease. Any private use would be consistent with the Master Plan and all applicable local, state and federal restrictions. 2 EXHIBIT A d. Timing of Real Property Leases The possession of the property interests leased to the City would occur on or after the Navy's completion of NEPA review. e. Consideration In consideration for such leases, and subject to Section 7 of this Agreement, the Navy would receive in-kind consideration at NAS Oceana, the specifics of which shall be mutually agreed upon by the Parties. f. Access to Property and Data i. Site Access. The Navy will provide appropriate access to the City and its representatives, consultants, contractors, agents, and employees, for the purpose of conducting environmental review activities and associated site investigative work. The City understands and agrees that the Navy will only provide such access during the Navy's normal business hours and only to persons and entities to whom access can be reasonably granted in accordance with the Navy security regulations and policies. The terms and procedures governing such access shall be the subject of a separate agreement between the Navy and the City. ii. Sharing of Data. The Navy will provide the City with access to available unclassified information, data, and studies concerning the physical condition of identified real estate and facilities at NAS Oceana and any other unclassified information reasonably requested from time to time by the City to perform appropriate due diligence. The City shall provide the Navy with copies of any tests, studies, or analysis obtained or made by the City. iii. Licenses and Approvals. The City will ensure that all licenses, permits, and governmental approvals required by applicable law are secured prior to performing any tests, studies, or analysis on NAS Oceana property, and will coordinate the application process with the Navy prior to obtaining any necessary permits or governmental approvals. The Navy will cooperate with the City in securing necessary permits or governmental approvals to the extent reasonable and feasible under the circumstances. 5. Industry Outreach During the duration of this Agreement, the City's Department of Economic Development will serve as the lead entity in connection with industry outreach on FBD, with the cooperation and assistance of the Navy and in accordance with the roles and responsibilities to be outlined and agreed upon by the Parties. The industry outreach process is designed to ensure, among other things, financial feasibility and sufficient market interest. The Parties will meet and confer to agree upon the roles and 3 EXHIBIT A responsibilities of each Party and identify the optimal transactional and procurement structure. 6. Schedule The Parties will meet and confer to develop an effective and efficient schedule and sequence of the various components of FBD so as to ensure timely completion of all components in an economically and commercially feasible manner. 7. Termination This Agreement may be terminated in writing by either party if: a. There is a lack of substantive progress on the projects for any reason; b. There exist operational, environmental, or economic conditions that would materially impact the feasibility of FBD; or c. There is a failure of either party to receive necessary approvals or funding. 8. Confidentiality To the greatest extent allowable under applicable law, the Parties agree to maintain the confidentiality of all communications, documents, surveys, feasibility studies, appraisal reports, site investigative reports or other materials directly or indirectly generated by the Parties. To facilitate such confidentiality, the Parties agree to cause all consultants, advisors or contractors at whatever tier to execute a confidentiality and non-disclosure agreement in a form mutually agreeable to the Parties. 9. Additional Agreements The Parties will enter into subsequent agreements after additional details emerge and corresponding commercial and legal terms have been discussed and agreed. 10. Counterparts This Agreement may be executed in multiple counterparts, and, so long as each applicable party signs at least one counterpart, each counterpart shall be an original, but all of which shall constitute one and the same Agreement. Any signature delivered by a party by facsimile, email or other electronic transmission shall be deemed to be an original signature to this Agreement. [ SIGNATURES ON FOLLOWING PAGES ] 4 EXHIBIT A WITNESS the following signatures and seals: UNITED STATES DEPARTMENT OF THE NAVY By: Name: Title: STATE OF CITY / COUNTY OF , to-wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , as of the United States Department of the Navy, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me, this day of , 2021. NOTARY PUBLIC My Commission Expires: My Registration Number: [ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ] 5 EXHIBIT A CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: City Manager/Authorized Designee ATTEST: City Clerk /Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager / Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me, this day of , 2021. NOTARY PUBLIC My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Clerk / Authorized Designee of the City Clerk of the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me, this day of , 2021. NOTARY PUBLIC My Commission Expires: My Registration Number: 6 EXHIBIT A APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney r jQS'�,s,kyG CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement with FitLot, Inc. to Plan, Build and Program an Outdoor Fitness Park and to Accept the Donation of the Outdoor Fitness Park, and Accepting and Appropriating Funding from FitLot to Program the Outdoor Fitness Park MEETING DATE: March 16, 2021 • Background: The City of Virginia Beach was selected to receive an AARP sponsored outdoor fitness park ("Fitness Park"). The Fitness Park will be installed at Williams Farm Park ("Williams Farm") and will provide the surrounding community with a high-quality outdoor fitness option that will promote healthy living. AARP proposed to pay for the construction of the Fitness Park and to donate the Fitness Park to the City. AARP is also providing $4,010 in grant funding to the City to provide fitness programming at the Fitness Park. The Fitness Park will include an AARP-branded canopy and surfacing that the City will be required to maintain for a minimum of ten years, and AARP signage. Although AARP is the funding party, AARP engaged FitLot, Inc. ("FitLot"), a national non- profit organization, to facilitate the planning, installation and donation of the Fitness Park and to administer grant funding for fitness programming on AARP's behalf. The Department of Parks and Recreation worked directly with FitLot to plan the installation of the Fitness Park at Williams Farm and to negotiate an agreement between the City and FitLot to plan, build and program the Fitness Park. • Considerations: Under the terms of the proposed agreement, FitLot will work with local installers to procure and install the Fitness Park, manage construction logistics, coordinate site preparation with the City, provide educational and promotional materials to support the Fitness Park, and obtain a certified playground safety inspector review of the Fitness Park at the conclusion of the installation. The proposed agreement requires the City to make land available at Williams Farm for the Fitness Park, to assist FitLot in obtaining necessary permits and licenses, to perform utility checks to ensure the land where the Fitness Park will be located is safe, to develop a maintenance program for the Fitness Park, and to permit an AARP branded canopy, AARP branded surfacing, and AARP signage at the Fitness Park. Upon installation of the Fitness Park, the City will own the park. A programmatic grant addendum ("Addendum") is incorporated into the agreement. Under the terms of the Addendum, FitLot will provide the City with grant funding for the following: 1) $3,510 for the City to hire certified fitness professionals to lead no-cost public fitness classes at the Fitness Park; and 2) $500 for the City to conduct social media outreach on Facebook to promote the Fitness Park. • Public Information: Normal Council agenda process. • Attachments: Ordinance, Summary of Terms of FitLot Partnership Agreement, Disclosure Form Recommended Action: Approve Submitting Department/Agency: Parks & Recreation Wit ?.,City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE AN AGREEMENT WITH FITLOT, INC. 3 TO PLAN, BUILD AND PROGRAM AN OUTDOOR 4 FITNESS PARK AND TO ACCEPT THE DONATION OF 5 THE OUTDOOR FITNESS PARK, AND ACCEPTING 6 AND APPROPRIATING FUNDING FROM FITLOT FOR 7 PROGRAMMING AT THE OUTDOOR FITNESS PARK 8 9 WHEREAS, the City of Virginia Beach was selected to receive an AARP 10 sponsored outdoor fitness park ("Fitness Park"); and 11 12 WHEREAS, the Fitness Park will be installed at Williams Farm Park ("Williams 13 Farm") and will provide the surrounding community with a high-quality outdoor fitness 14 option that will promote healthy living; and 15 16 WHEREAS, AARP proposed to pay for the construction of the Fitness Park and 17 to donate the Fitness Park to the City; and 18 19 WHEREAS, AARP is also providing $4,010 in grant funding to the City for fitness 20 programming at the Fitness Park; and 21 22 WHEREAS, the Fitness Park will include an AARP-branded canopy and 23 surfacing that the City will be required to maintain for a minimum of ten years, and 24 AARP signage; and 25 26 WHEREAS, although AARP is the funding party, AARP engaged FitLot, Inc. 27 ("FitLot"), a national non-profit organization, to facilitate the planning, installation and 28 donation of the Fitness Park and to administer grant funding for fitness programming on 29 AARP's behalf; and 30 31 WHEREAS, the Department of Parks and Recreation worked directly with FitLot 32 to plan the installation of the Fitness Park at Williams Farm and to negotiate an 33 agreement between the City and FitLot to plan, build and program the Fitness Park; and 34 35 WHEREAS, under the terms of the proposed agreement, FitLot will work 36 with local installers to procure and install the Fitness Park, manage construction 37 logistics, coordinate site preparation with the City, provide educational and promotional 38 materials to support the Fitness Park, and obtain a certified playground safety inspector 39 review of the Fitness Park at the conclusion of the installation; and 40 41 WHEREAS, the proposed agreement requires the City to make land available at 42 Williams Farm for the Fitness Park, to assist FitLot in obtaining necessary permits and 43 licenses, to perform utility checks to ensure the land where the Fitness Park will be 44 located is safe, to develop a maintenance program for the Fitness Park, and to permit 45 an AARP-branded canopy, AARP-branded surfacing, and AARP signage at the Fitness 46 Park; and 47 48 WHEREAS, upon installation of the Fitness Park, the City will own the park; and 49 50 WHEREAS, a programmatic grant addendum ("Addendum") is incorporated into 51 the agreement; and 52 53 WHEREAS, under the terms of the Addendum, FitLot will provide the City with 54 grant funding for the following: 1) $3,510 for the City to hire certified fitness 55 professionals to lead no-cost public fitness classes at the Fitness Park; and 2) $500 for 56 the City to conduct social media outreach on Facebook to promote the Fitness Park. 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA, THAT: 60 61 1. The City Manager is hereby authorized to execute an agreement with FitLot to 62 plan, build, and program an outdoor fitness park at Williams Farm. 63 64 2. The City Manager is hereby authorized to accept the Fitness Park upon final 65 completion of the Fitness Park. 66 67 3. A $4,010 donation is hereby accepted and appropriated within the Department of 68 Parks and Recreation's FY 2020-21 Operating Budget for the purpose of funding 69 fitness classes at the Fitness Park and for a social media campaign to promote 70 the Fitness Park. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia on the day 73 of , 2021. 74 75 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Parks and Recreation City Attorney's Office CA15339 R-2 March 5, 2021 SUMMARY OF TERMS OF PARTNERSHIP AGREEMENT PARTIES: City of Virginia Beach("City")and FitLot,Inc.("FitLot") PURPOSE: Plan, build and program an AARP-sponsored outdoor fitness park at Williams Farm Recreation Center("Fitness Park"). TERMS: The agreement requires FitLot to procure, fund, and install the Fitness Park, manage construction logistics, coordinate site preparation with the City, provide educational and promotional materials to support the Fitness Park, and obtain a certified playground safety inspector review of the Fitness Park at the conclusion of the installation. The City will own the Fitness Park. Under the agreement, FitLot will provides the City with grant funding for the following: 1) $3,510 for the City to hire certified fitness professionals to lead no- cost public fitness classes at the Fitness Park; and 2) $500 for the City to conduct social media outreach on Facebook to promote the Fitness Park. The City is required to make land available at Williams Farm Recreation Center for the Fitness Park,to assist FitLot in obtaining necessary permits and licenses,to perform utility checks, to promote the Fitness Park in press releases, fliers, and media coverage, and to permit an AARP-branded canopy, AARP-branded surfacing, and AARP signage at the Fitness Park. The City must maintain the AARP-branded surfacing and canopy for a minimum of 10 years. After 10 years, the City may replace the canopy and surfacing with an unbranded canopy and surfacing. The City is required to develop a maintenance program for the Fitness Park and to maintain the Fitness Park before and after construction. In the event the Fitness Park can no longer be located at Williams Farm Recreation Center,the City is responsible,at City's expense,to make a reasonable attempt to obtain permission from the new owner of the property to allow the Fitness Park to remain on the property or to relocate the Fitness Park equipment to another site. If neither of these options is possible, the City is responsible for the disposition of the equipment. The equipment at the Fitness Park and the surfacing are covered under the applicable manufacturers' warranties. The City agrees to look solely to such manufacturers for warranties and/or guarantees. Both the City and FitLot are required to maintain insurance coverage during the term of the agreement. The City will be responsible to FitLot for the City's gross negligence and intentional misconduct under the agreement. FitLot is responsible to the City for all damages arising from any breach of the agreement by FitLot or its agents. Once construction and installation of the Fitness Park is complete, FitLot will provide the City with a written certified playground inspection report, and FitLot's responsibility to the City will terminate. FitLot and AARP are not liable for third-party claims arising under the agreement. The Agreement contains standard City contract provisions about governing law and venue. 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: FitLot Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of O'Neill CPAs&Business Advisors your tax return Financial Services (include JP Morgan Chase Bank ® ❑ lending/banking institutions and current mortgage holders as _applicable) Barrasso, Usdin, Kupperman, Legal Services Freeman & Sarver, LLC Hunt Valley Contractors aIt�Jl 0 Broker/Contractor/Engineer/Other (installer for project) Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. "I 7/14 Adam Mejerson 03/04/21 APPLICANT'S SIGNATURE PRINT NAME DATE ; L S1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish a New Capital Project, "Juvenile Detention Center Security Replacement," in the FY 2020-21 Capital Improvement Program and to Transfer $600,000 to the New Project MEETING DATE: March 16, 2021 • Background: The current security system at the Virginia Beach Juvenile Detention Center (JDC) has been in place since 2003. Due to the age and condition of the existing hardware, it is in danger of malfunction, which would leave the JDC with no way to electronically monitor its door locks or cameras. Manual processes would need to be implemented within the JDC if the security system equipment were not operable. Additionally, a replacement is needed as the current system may pose a risk from a cybersecurity standpoint. Steps have been taken to remediate the issues with the system; however, a complete upgrade is needed. Due to the age of the system, replacement parts are no longer produced, which has added urgency towards the complete replacement of the system. A new system will be compatible with modern technology, including advances in camera technology and video storage. As part of the upgrade, the control center itself will be reconfigured to address social distancing concerns that arose during the pandemic. • Considerations: Given the anticipated cost of the project, replacement of the JDC Security System fits within the City's policy for capital improvement projects. Therefore, the attached ordinance will establish a new capital improvement project for JDC Security within the FY 2020-21 CIP in the Information Technology section. To fund the cost of this project, $600,000 will be transferred from vacancy savings currently available within the FY 2020-21 Operating Budget of the Department of Human Services to the CIP. The City's Information Technology Department believes this amount is sufficient for the necessary improvements to the JDC. • Public Information: Normal agenda process. • Attachments: Ordinance; Proposed Project Page Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: 1 AN ORDINANCE TO ESTABLISH A NEW CAPITAL 2 PROJECT, "JUVENILE DETENTION CENTER SECURITY 3 REPLACEMENT," IN THE FY 2020-21 CAPITAL 4 IMPROVEMENT PROGRAM AND TO TRANSFER $600,000 5 TO THE NEW PROJECT 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) A new capital project, "Juvenile Detention Center Security Replacement" is 10 hereby established within the FY 2020-21 Capital Improvement Program. 11 12 2) $600,000 is hereby transferred from the FY 2020-21 Operating Budget of the 13 Department of Human Services Operating Budget to the new project, "Juvenile Detention 14 Center Security Replacement" for those activities within the scope and purpose of the 15 attached capital project page, which is incorporated herein. 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 Management Services ._1Atto y's Office CA15343 R-1 March 8, 2021 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: Title:JDC Master Control System Upgrade Status: New Project Category: Information Technology I Department: Capital Improvement Program Ranking: Project Type Project Location Project Type: Replacement District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 600,000 0 600,000 0 0 0 0 0 0 Description and Scope This project will provide for the replacement of the legacy Master Control System at the Virginia Beach Juvenile Detention Center(JDC).The project will include the design and installation of a new Master Control System and software upgrades to the current IT OS and security standards. In addition,the current analog cameras for the Genetec system will be replaced with the IT standard digital cameras.This project will also include reconfiguration of the room that houses master control. Purpose and Need The existing system is obsolete,which presents challenges in the procurement of replacement parts and integration of the system with current technologies as well as in ongoing maintenance and support.Along with risk of unrecoverable failure,this legacy system raises further concerns about cybersecurity. A new system will mitigate maintenance challenges,will allow for seamless integration into the city's current IT infrastructure,enhance system security,and provide enhanced overall facility monitoring that promotes the safety of JDC residents and staff. History and Current Status This project will be created and approved by Council Ordinance adopted on March 16,2021.Procurement is expected to begin in April 2021,with a Statement of Work completed by the end of FY 2020-21. Operating Budget Impacts There will be ongoing operating costs of$21,000 per year for the technology included in this CIP project. Project Map Schedule of Activities Project Activities From-To Amount Site Survey 06/21-06/21 24,000 Implementation 07/21-09/21 450,000 Contingencies 07/21-06/22 126,000 Total Budgetary Cost Estimate: 600,000 Means of Financing Funding Subclass Amount Local Funding 600,000 Total Funding: 600,000 1 03/9/2021 ,,.,, 1 r 'f 4�,�f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Parks and Recreation MEETING DATE: March 16,2021 ■ Background: The Department of Parks and Recreation's Out-of-School Time (OST) Program is the largest childcare provider in Virginia Beach and serves approximately 11% of the Virginia Beach City Public School elementary school population of 31,215 students. The total childcare market (licensed, religious exempt, voluntary registered, military, and Parks and Recreation) in Virginia Beach is just over 10,000 children, and the OST program holds a market share of approximately 35%. The Early Childhood Programs are licensed and serve 2.5 to 5-year-olds. As a result of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, Virginia has received federal funding for a third round of incentive grants to help childcare providers remain open to provide care for children during the state of emergency declared by Governor Northam in response to the COVID-19 pandemic. The City has been awarded grant funds in this third round of CARES Act incentive grants. The grant was awarded to four City of Virginia Beach recreation center programs in the amount of $12,900 for each recreation center, for a total of$51,600. Providers and childcare business owners can use the funds for hazard pay for employees, reducing costs for parents, providing mental health and wellness supports to staff, or any of the safety requirements to protect children and staff from COVID-19. • Considerations: This grant has no required match. The OST staff intends to use these funds to purchase supplies for their programs and provide training to staff. These uses are consistent with the grant requirements that the use of funds protect children and staff from hazards associated with COVID-19. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation yY City Manager: 1kJ i9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE DEPARTMENT OF PARKS AND 3 RECREATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $51,600 in Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act 9 Funding is hereby accepted and appropriated, with federal revenues increased 10 accordingly, to the FY 2020-21 Operating Budget of the Department of Parks and 11 Recreation for the Out-of-School Time Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LA_ ( uth' Budget and Management Services • o y's Office CA15340 R-1 March 3, 2021 it; CITY OF VIRGINIA BEACH AGENDA ITEM dl ITEM: An Ordinance to Accept and Appropriate Funding for a Study of Marsh Island Restoration in Back Bay MEETING DATE: March 16, 2021 • Background: The National Fish and Wildlife Foundation established the National Coastal Resilience Fund in 2018 to invest in conservation projects that restore or expand natural features such as coastal marshes and wetlands, dune and beach systems, oyster and coral reefs, forests, coastal rivers and floodplains, and barrier islands that minimize the impacts of storms and other naturally occurring events on nearby communities. The City of Virginia Beach has been awarded funding to complete design of marsh island restoration through terracing in Back Bay. Marsh terraces are narrow man-made islands that are arranged across areas that were historically marsh but are now open water, typically arranged in a chevron pattern to dissipate waves and slow down water moving through the area. In turn, the calmer water allows more sunlight to penetrate to the shallow bottom, promoting establishment and growth of marsh and seagrass. The marsh terraces will serve to stabilize two critically eroding marsh islands from further degradation and provide flood risk reduction benefits through increased friction and wave attenuation. The awarded funding and local match are as follows: Total Cost NFWF Allocation Local Contribution $288,998 $135,124 $153,874 • Considerations: The marsh island terraces project addresses the City Council priority to address flooding and sea level rise. Accepting and appropriating these funds will allow design to progress on this critical project. Adequate funding for the local contribution is already in place in CIP 100365, "Sea Level Rise/Recurrent Flooding Analysis," and because of the alignment between the scope and purpose of CIP 100365 and this study, no separate authorization for the local match is required. Funding will be provided on a periodic reimbursement request basis. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works 1 City Manager: &.ia9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR A STUDY OF MARSH ISLAND 3 RESTORATION IN BACK BAY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $135,124 is hereby accepted from the National Fish and Wildlife Foundation's 9 National Coastal Resilience Fund and appropriated, with revenues increased accordingly, 10 to Capital Project #100365, "Sea Level Rise/Recurrent Flooding Analysis," for a study of 11 marsh island restoration in Back Bay. 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 members of the City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Cstuti k Budget& Management Services i orrye Office CA15338 R-1 March 3, 2021 LJ N N v2 op \WE Pa r S SITE 1 5----------------j oLong Island m o o 'ci) V q '1 o 0 0 0 00 4.421. LOCATION MAP Legend NATIONAL FISH AND WILDLIFE C3 Project Site FOUNDATION PROJECT miimimmmmo Back Bay NWR Feet 0 875 1,750 3,500 11 SYt'W �.Cyt+, q >, 4 Tj ,LV.::vi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Public Health for the Baby Care Program and to Continue the Authorization of Grant- Supported Positions MEETING DATE: March 16, 2021 • Background: The Virginia Beach Baby Care program was launched in FY 2014- 15 with an initial donation of $900,000 from the Landmark Foundation, a Norfolk-based private foundation. The Baby Care program provides home visitation by registered nurses for families that are expecting and with young children up to age two. The program is open to Virginia Beach residents that qualify for Medicaid. Specially trained Baby Care nurses provide behavioral risk screening, comprehensive case management services, and expanded prenatal services to improve the medical, developmental, and health outcomes for expectant mothers and their babies. The original grant was intended to fund the program for three years. Due to program staff vacancies, the $900,000 enabled the Baby Care program to continue through FY 2019- 20. The Department of Public Health completed successful reviews with the Landmark Foundation in both the Fall of 2019 and 2020. Subsequently, the Landmark Foundation awarded $300,000 to the City in 2020 to continue the program into FY 2020-21 and an additional $300,000 this February that will extend the program through the rest of FY 2020-21 and into FY 2021-22. To support this program, the City Council reestablished five FTEs within the Department of Public Health's FY 2020-21 Operating Budget in August 2020. These positions include one full-time nurse supervisor, two full-time registered nurses, one full-time administrative staff member, one part-time (0.5 FTE) administrative staff member, and one part-time (0.5 FTE) outreach worker. • Considerations: There is no local match requirement for this grant. If the grant does not continue after FY 2021-22, the City is not obligated to continue this program or the grant-supported positions. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Health City Manager/U-15 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE DEPARTMENT OF PUBLIC HEALTH FOR 3 THE BABY CARE PROGRAM AND TO CONTINUE THE 4 AUTHORIZATION OF GRANT-SUPPORTED POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $300,000 is hereby accepted from the Landmark Foundation and appropriated, with 10 revenues increased accordingly,to the FY 2020-21 Operating Budget of the Public Health 11 Department for the continuation of the Baby Care Program, and any grant-supported 12 positions for the Baby Care Program are continued and remain contingent upon future 13 funding of this grant. 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: (4/A--teth-t?' _ Budget and Management Services c C' s Office CA15336 R-1 March 4, 2021 r[ ,,,r6at 114., oS ——,iti',1 � 5) (1's� Ll I J ,Yr CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds for a Microtransit Demonstration Project MEETING DATE: March 16, 2021 • Background: In June 2020, the Transportation District Commission of Hampton Roads adopted its Transit Strategic Plan (TSP) for Hampton Roads Transit (HRT). Included in the TSP is the concept of "microtransit." Microtransit would be a new offering in the HRT service area and would feature more mobile, demand-responsive vehicles within a pre-defined local area than the traditional fixed route bus line. In the TSP, several zones within the HRT service area were identified as possible candidates for microtransit, including three in Virginia Beach: Virginia Beach West, Virginia Beach East, and Virginia Beach-Salem. To learn more about the actual application of microtransit and to determine if it will be a viable service within the Hampton Roads region, HRT recommended a six-month microtransit pilot program. HRT's desired locations include one in Newport News and one in Virginia Beach. The Virginia Beach location would be Virginia Beach West, which consists of an area in the rity that runs from the Town Center area to Northampton Boulevard and is inclusive of Virginia Wesleyan University and the Newtown Road Light Rail Station. The Virginia Department of Rail and Public Transportation has endorsed the pilot program, and in September 2020, the Commonwealth Transportation Board approved funding a Regional Microtransit Demonstration Project (the "Project") through the Commonwealth's Innovation and Technology Transportation Fund. The Innovation and Technology Transportation Fund provides 70% of the funding of the Project. A local match is required. For Virginia Beach West, the total project cost would be approximately$800,000, with a local match of$238,000. Hampton Roads Transit gave a public presentation to the City Council on this pilot on December 1 , 2020, and returned on February 16, 2021, to answer any additional questions from the City Council. ■ Considerations: In order to launch a request for proposal process, HRT requires the transfer of local matching funds from the City to HRT. This will allow HRT to advertise the pilot and solicit a vendor to determine the final scope and timeline of the project, as well as service hours, vehicles, and fare cost. Nevertheless, it is not anticipated that the actual six-month microtransit service would begin prior to early 2022. Delaying the start of the on-street portion of the project will allow for more time to elapse towards the anticipated end of the public health emergency. This delayed implementation is supported by the Virginia Department of Rail and Public Transportation. Funding for this transfer would come from the General Fund Reserve for Contingencies, which has $905,590 in available funds. • Public Information: Normal Council agenda process. City Council received public briefings on the project on December 1, 2020, and February 16, 2021. • Attachments: Ordinance Recommended Action: Approval Submitting Department: Department of Planning and Community Development , City Manager:AAL 1 AN ORDINANCE TO TRANSFER FUNDS FOR A 2 MICROTRANSIT DEMONSTRATION PROJECT 3 4 WHEREAS, the City Council wishes to participate in a Regional Microtransit 5 Demonstration Project to be operated within the City of Virginia Beach by Hampton Roads 6 Transit; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 $238,000 from the General Fund Reserve for Contingencies is hereby transferred 12 to the FY 2020-21 Operating Budget of the Department of Planning and Community 13 Development, and these funds are to be provided to Hampton Roads Transit as the local 14 match for the Virginia Beach West pilot of the Regional Microtransit Demonstration 15 Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: AP AS TO LEGAL SUFFICIENCY: Budget an anagement Services rn s Office CA15337 R-1 March 4, 2021 ,- ,,,„,,, ,, 4 " --- ---....t, ‘,. ...,.. e., 4.. ... ,...., „.... .,.: _#., „,„:„.., CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: An Ordinance to Transfer $4,850,000 from Capital Project #100147, "Dome Site Parking", and $4,375,000 from Capital Project #100059, "Resort Parking District" to Capital Project #100146, "Dome Site Entertainment Venue" MEETING DATE: March 16, 2021 • Background: The City of Virginia Beach Development Authority (the "Authority") owns property at the Oceanfront, consisting of approximately 10.5 acres (the "Dome Site"). On November 19, 2020, the City Council approved a development agreement (the "Development Agreement") between Atlantic Park, LLC, a Virginia limited liability company ("Developer") and the Authority for the development of a mixed-use development consisting of office, retail, residential, entertainment, recreational and parking uses at the Dome Site (the "Project"). The Development Agreement sets forth the terms, conditions and obligations of the parties. In connection with the Project, the City of Virginia Beach (the "City") has appropriated funds for various specific purposes, including the new entertainment venue that will be integral to the Project. This venue will provide a Resort Area amenity that has been missing from the City since the old Dome was torn down almost thirty years ago. As provided in the Development Agreement, the City is responsible for the costs associated with design and construction of the entertainment venue. The initial budget estimates for this venue were based on a 50,000 square-foot facility. As the designs for the venue have matured, the proposed square-footage has increased to 72,166 square- feet, which is driven by mezzanine and balcony levels. In addition to the square-footage, the design includes an extended lawn area to safely accommodate patrons and provide additional outdoor pedestrian areas. Last, the location of the entertainment venue on the northwest block requires the construction of a dedicated loading area within the adjacent parking deck. The collective costs of the additional square-footage, the added outdoor areas, and the required loading area is $9,225,000. • Considerations: To provide the funding required, the attached ordinance will transfer funds from two other capital projects that are supported by the City's Tourism Investment Program Fund or TIP Fund. An amount of$4,850,000 will come from Capital Project#100147, "Dome Site Parking." The remaining $4,375,000 will come from Capital Project # 100059, "Resort Parking District." • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Manager ii,,,City Manager: 1 AN ORDINANCE TO TRANSFER $4,850,000 FROM 2 CAPITAL PROJECT #100147, "DOME SITE PARKING," 3 AND $4,375,000 FROM CAPITAL PROJECT #100059, 4 "RESORT PARKING DISTRICT' TO CAPITAL PROJECT 5 #100146, "DOME SITE ENTERTAINMENT VENUE" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $4,850,000 from Capital Project #100147, "Dome Site Parking," and $4,375,000 11 from Capital Project # 100059, "Resort Parking District," is hereby transferred to Capital 12 Project#100146, "Dome Site Entertainment Venue,"for costs associated with the design 13 and construction of the entertainment venue. 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: OraittP udget and Management Services City Atto 's Office CA15341 R-1 March 4, 2021 K. PLANNING 1. GRAY POINT COVE, LLC & SHARON L. GRAY for a Variance to Section 4.4(b) of the Subdivision Regulation re lot width at 3108 Little Haven DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. KENNETH STUART PROUD / MARK & CRYSTAL PROUD for a Change in Nonconformity re enlargement of existing dwelling at 228 Cavalier Drive DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 3. MS VIRGINIA BEACH, LLC for a Modification of Proffers at 2257 Willow Oak Circle re add 49 units to the 392 existing units DISTRICT 5 — LYNNHAVEN (Approved on June 1, 1987) RECOMMENDATION: APPROVAL 4. FIRST CHINESE BAPTIST CHURCH for a Modification of Conditions re religious use at 228 Pritchard Road DISTRICT 6—BEACH (Approved May 1, 1961) RECOMMENDATION: APPROVAL 5. MAXIMO P. AQUINDE JR. & EDYNERRIS O. AQUINDE for a Conditional Use Permit re family day-care home at 980 Avery Way DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 6. DEON JOHNSON SR. & YESSICA DIAZ-JOHNSON for a Conditional Use Permit re family day-care home at 5150 Rugby Road DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 7. TOYA SMITH / SST HOLDINGS, LLC for a Conditional Use Permit re assembly use at 701 A South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 8. XPERT SERVICES,LLC/VB INVESTMENTS, LLC for a Conditional Use Permit re car wash facility at 4937 Broad Street DISTRICT 4 — BAYSIDE (Deferred from February 16, 2021) RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION-APPROVAL 9. NORTH LEGEND OUTFITTERS, LLC / BENJAMIN DAVID & BROOKE HARRIS LINDBORG for a Conditional Use Permit re home occupation — retail sales (firearms) at 1017 Dartford Mews DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 1.14, ro,`�tx-'4y S iii oYt"mo w �„ ,,�� NOTICE OF PUBLIC 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 Public Hearing of the Virginia Beach City Council will be held on Tuesday,March 16,2021 at 6:00 p.m..The City Council and required Staff members will meet in-person at the Convention Center,but at this time it is impractical and unsafe to allow other persons to attend the City Council meeting due to physical distancing and safety precautions related to the pandemic.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two-step process below.Citizens signed up to speak in-person will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a face covering while in the Convention Center.Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757-385-4303 to discuss accommodations.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two- step process provided below: 1. Register for the WebEx at: httos://vb¢ov.webex.com/vbgov/onstage/g.oho?MTI D=ee6c10635a 1905e 76c6eda5obf72f7cda 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 16,2021. The following requests are scheduled to be heard: Gray Point Cove,LLC(Applicant)Gray Point Cove,LLC&Sharon L.Gray(Property Owners) Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:3108 Little Haven Road&adjacent western parcel GPIN(s): 1498136679, 1498136243 Council District Lynnhaven Kenneth Stuart Proud (Applicant) Mark&Crystal Proud (Property Owners) Change in Nonconformity Address:228 Cavalier Drive GPIN(s):2418868294 Council District Beach MS Virginia Beach,LLC(Applicant&Property Owner)Modification of Proffers Address: 2257 Willow Oak Circle GPIN(s):1499493656(49 units proposed to add to 392 existing units at a density of 27.01 units/acre)Council District:Lynnhaven First Chinese Baptist Church (Applicant&Property Owner) Modification of Conditions (Religious Use)Address:228 Pritchard Road GPIN(s):149 7 2 2942 5,1497227432 Council District Beach North Legend Outfitters,LLC(Applicant)Benjamin David Lindborg&Brooke Harris Lindborg (Property Owners)Conditional Use Permit(Home Occupation - Retail Sales(Firearms)) Address:1017 Dartford Mews GPIN(s):1498161975 Council District Lynnhaven Toya Smith (Applicant) SST Holdings, LLC (Property Owner) Conditional Use Permit (Assembly Use)Address:701 A S Military Highway GPIN(s):1456273699 Council District Kempsvllle Edynerris 0.Aquinde(Applicant)Maximo P.Aquinde Jr.&Edynerris 0.Aquinde(Property Owners)Conditional Use Permit(Family Day-Care Home)Address:980 Avery Way GPIN(s): 1464362803 Council District Centerville Yessica Diaz-Johnson (Applicant) Deon Johnson Sr. &Yessica Diaz-Johnson (Property Owners) Conditional Use Permit(Family Day-Care Home)Address: 5150 Rugby Road GPIN(s):1465948584 Council District Centerville Xpert Services, LLC(Applicant)VB Investments, LLC(Property Owner)Conditional Use Permit(Car Wash Facility)Address:4937 Broad Street GPIN(s): 1477055792 Council District Bayside 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. Due to the ongoing Covid-19 Pandemic, please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON- FEBRUARY 28,2021&MARCH 7,2021-1 TIME EACH L .w. , z 0 f,------ _,_ , ,, _,,, ' 4 , �j>(�1 � sCO 3 D o Nw ,,_ .,. � CO 6 0/ j 7,--%:‘,‘,1 CV d CO 0 03 2 -,-- <44p, TD a L.CO o /,,,/ s Cl. . /7' -1 - \ ' \ lel) A c z, _. .t,.-) „. z v ,16 .....\\ „,_. . . z, , . . z ,. „„ , ., . 4 ____., 0 \ c-..: ow; .,439 .= Q \\N\\ ' CD.C):- i N *innliwi/ .1111.11.1.11. C ___ ..,,,,_,, „ .c. ,,,,,,_ 0 .. , c:3 111d _ >+ , qt il_71, O \c% C3 \ I 0 1111r U‘ V, -7 oA I x , __. ,\7 Q 1 co /16 ','cb, 0 ....V 6._Th 0. ';)' 0 /¢ 'C ' . , o ,,� o o a, V , . , \3 -It a) c - c © /... e o o c`o O cn d N CO d `J �.- ' o ° ep 0 ]0 1 U 1 7j7 rE w'~►• 111 4t 5, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRAY POINT COVE, LLC [Applicant] GRAY POINT COVE, LLC & SHARON L. GRAY [Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 3108 Little Haven Road (GPINs 14981362430000, 14981366790000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: March 16, 2021 • Background: The applicant proposes a subdivision to create a total of three lots from two existing lots. Two of the proposed lots do not meet the minimum 125-foot lot width required in the R-40 Residential Zoning District. The third lot was granted a Subdivision Variance for its width in 1984. The width of the third will remain in compliance with the previously approved subdivision variance, however 0.3 acres of the existing lot will be subdivided to the adjacent lot. Section 4.4(b) of the Subdivision Regulations states that: "Except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance." As two of the proposed lots will not meet the lot width standard of the Zoning District, a Subdivision Variance to this standard is requested. • Considerations: Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: • Strict application of the ordinance would produce undue hardship. • The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. • The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. • The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. • The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such Gray Point Cove, LLC Page 2 of 2 The Zoning Ordinance requires that lots within the R-40 Residential Zoning District have a minimum of 125 feet for lot width and 100 feet for street frontage. Proposed Lot G-1-B1 will only possess a 108-foot lot width while Lot G-1-B2 will only have a 103-foot lot width with a 96-foot street frontage. An 1,861 square foot pump station was acquired from the existing Lot G-1-B by the City of Virginia Beach in 1996. Prior to the conveyance of the Pump Station parcel from Lot G-1-B in 1996, Lot G- 1-B would have possessed the requisite land to be able to subdivide into two lots and meet the lot area, width, and street frontage requirements of the R-40 Residential Zoning District. The odd shape of the lot, which impacts the measurement of lot width at the front setback is caused by the conveyance of the Pump Station parcel to the City. Staff recognizes this hardship and is recommending approval of the request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On February 10, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Preliminary Subdivision Plat of Lot G-1-A and Lot G-1-B, Little Haven", dated September 28, 2020, and prepared by American Engineering, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department rL" City Manager: Applicant: Gray Point Cove, LLC Agenda Item Property Owners: Gray Point Cove, LLC & Sharon L. Gray �' Planning Commission Public Hearing: February 10, 2021 9 City Council Election District: Lynnhaven Virginia Beach Request Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) / f v, PT A- Staff Recommendation "`,,,.�o�a, Rw,' Approval Staff Planner i Aubrey A.Trebilcock -‘ko0cV._ 1,me Haven Road e Location \ __ __ s A 3108 Little Haven Road & adjacent western oQ "-NI , � parcel north of intersection of Hurds Road and 2 w�` ( Little Haven Road 7 o fi GPINs Audrey Way 1498136243, 1498136679 ) I ,-, \ `, +- \ , r QF Site Size 3.71 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay 1 Rn \ 4 �.+.' 3 S Existing Land Use and Zoning District ,-A • _, -. Single-family dwelling, Undeveloped land/ R-40 "` • �¢+ , , Residential ¢ ti *,+�; . ' • .a .+�! t. f Surrounding Land Uses and Zoning Districts ;; g, '•`xz • "� ,, North , , ,' -i• f' ,-- r `o Lynnhaven River Eastern Branch i ,< ; ' ` .,.. ,"_ Single-family dwellings/ R-40 Residential ^� 4 , ,4 _,b L ,-P.- _47 , South •9� ;w r , .': vr-_N. N,r _a,, '= ,' -.- Little Haven Road ; •, . 'tom ,. ' !5. t.: .. Single-family dwellings/ R-40 Residential o i Twt T— ,i -ti 2 = ,,4 East y • Bra,:Ct.. " A,4,, -1., ,o st Single-family dwellings/ R-40 Residential t" ,,. .R 'ik k —176 West Pump station Single-family dwellings/ R-40 Residential Gray Point Cove, LLC Agenda Item 9 Page 1 Background & Summary of Proposal • The existing site has two lots, Lot G-1-A with 1.91 acres and Lot G-1-B with 1.79 acres. The applicant is proposing subdividing these lots for a total of three lots. Both lots are zoned R-40 Residential. Lot G-1-A contains a single- family home while Lot G-1-B remains vacant. • Both of the subject lots were legally established. Lot G-1-A was created by MB 184, P 28 in 1984 and Lot G-1-B was created by plat recorded as DB 2713, P 397 in 1988. • A 1,861 sq.ft. pump station was acquired from Lot G-1-B by the City of Virginia Beach in 1996 via DB 3709, P 89 and is exhibited in MB 256 P 92. • The two new lots would be created from Lot G-1-B and a 1,896 square foot portion of Lot G-1-A to create the proposed Lot G-1-B1 and proposed Lot G-1-B2. Lot G-1-B1 would measure 40,015 square feet and Lot G-1-B2 would measure 40,026 square feet. Both lots meet the minimum 40,000 square foot lot area requirement in the R-40 Zoning District. • The required minimum lot width in the R-40 Zoning District is 125 feet and the required street frontage is 100 feet. Proposed Lot G-1-B1 would have a 108.5 foot lot width with 125 feet of frontage. Proposed Lot G-1-B2 would have a 103 foot lot width with 96 feet of frontage.Therefore,a Subdivision Variance to Section 4.4(b)of the Subdivision Regulations,for lot width and street frontage is required. • The width of the pump station parcel,which was acquired from Lot G-1-B in 1996, measures 40 feet at the front setback where lot width is determined and 42 feet at the street line frontage. Required Street Proposed Line Frontage in Required Lot Proposed Lot Required Lot Proposed g Street Line R-40 Width Width Area Proposed Lot Lot Frontage Area (feet) (feet) (feet) (feet) (square feet) (acre) Lot G-1-B1 100 125 125 108* 40,000 40,015 Lot G-1-B2 100 96* 125 103* 40,000 40,026 Lot G-1-A 100 25 125 25 40,000 81,390 , `'r j j z„ ,,s Zoning History �� �< # Request �� �` ' 1 STC Approved 09/24/2013 �/ 2 SVR(Lot Width Reduction)Approved 05/07/1984 /, , C., 3 SVR(Lot Width Reduction)Approved 08/11/2009 , }. ► 1 -- 7 e �. i Gray Point Cove, LLC Agenda Item 9 Page 2 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—AlternativeCompliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Section 4.4(b)of the Subdivision Regulations state:"Except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance."The Zoning Ordinance requires that lots within the R- 40 Residential Zoning District have a minimum of 125 feet for lot width and 100 feet for street frontage. Proposed Lot G- 1-B1 will only possess a 108 foot lot width while Lot G-1-B2 will only have a 103 foot lot width with a 96 foot street frontage. Prior to the conveyance of the Pump Station parcel from Lot G-1-B in 1996, Lot G-1-B would have possessed the requisite land to be able to subdivide into two lots and meet the lot area,width,and street frontage requirements of the R-40 Residential Zoning District,with an additional 40 feet of lot width and 42 feet of street frontage available. Due to the odd shaped lot caused by the conveyance of the Pump Station parcel to the City,the applicant has requested this variance to allow for the creation of the proposed lots. As proposed,the lots will be able to meet the minimum lot size. Lot G-1-A itself was granted a Subdivision Variance in 1984 for lot width.This proposal will not impact the approved variance to the width of Lot G-1-A and the lot will continue to otherwise meet all Zoning requirements. Since the resulting lots will still meet the area requirements of the Zoning District,they will not be out of character within this neighborhood where several nearby lots do not meet lot width and street frontage requirements As Lot G-1-B was legally created and possessed the requisite area to subdivide into two parcels which would meet the Zoning Ordinance prior to the conveyance of the Pump Station parcel to the City of Virginia Beach,Staff recognizes the hardship placed upon the owners of the property and recommends approval of the request subject to the condition listed below Gray Point Cove, LLC Agenda Item 9 Page 3 Recommended Condition 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Preliminary Subdivision Plat of Lot G-1-A and Lot G-1-B, Little Haven", dated September 28, 2020, and prepared by American Engineering, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as lying within the Suburban Area. The guiding principles for the Suburban Area strive to create and maintain neighborhood stability and sustainability to create "Great Neighborhoods." Natural & Cultural Resources Impacts This site is located in a Chesapeake Bay Preservation Area and is subject to the provisions of the Chesapeake Bay Preservation Area Ordinance." The Lynnhaven River Eastern Branch borders the north side of these properties. There are no known cultural resources associated with the sites. Public Utility Impacts Water There is an existing eight-inch city water main along Little Haven Road. Each proposed lot (G-1-B1 & G-1-B2) must connect to City water with an individual and exclusive water service line and meter. Sewer There is an existing eight-inch city sanitary sewer gravity main along Little Haven Road. Each proposed lot (G-1-B1 & G-1- B2) must connect to City sanitary sewer with an individual and exclusive sewer service lateral and cleanout. Gray Point Cove, LLC Agenda Item 9 Page 4 Public Outreach Information Planning Commission • No letters of support/opposition have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 31, 2021 and February 7, 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 February 1, 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 February 12, 2021. Gray Point Cove, LLC Agenda Item 9 Page 5 Existing Lots Ct 5rt3'or 221.77' 221.47' 212.$' 120t8• N 7V30'19. r i • 11Mt N.MN46 O*StN ct FDtAU CESCISMN ' g f u t+ 3r39'00' C ts.P4' O rod i l2 N 37.34'0C' I 5.10' 0 mon t1\ lk l3 S 11'48'2e' I 44.1$' l4 S 34'O7'24' E t45 72' ` t.3 S worn' E 50.t2' /1�Q l'i . 7'—'—'*'*' . a $ 34'or22' t In7t' -.. ; "8 t 1 V $ S0"S3'45' • 25. 9' (, {' -sr1 � u .s SO' $45' * 28 92' '? 'v e LeNoah 04• c .2.00' a4<i is ti , r ! / I I -,r a-- LSO $ a4s.s4' [ 40.00' Q t { I 711 1 . lit $ 0T140a' w st.$ � .,.. / ♦ ii / - , Parcel. - \ - i z 4 9 d ..@4/ 1 i ' )4' : . ‘T. OP i I t ' _. iJOt t".1 .Pt.ta*f a,. it. ws��rn. 9'..' 1/ 1 1 d"R�l`NLL om. II 0. 10,,,,T .4- i , wry !" UV* I 1 t % We 9 Maer "°" " Pare G-1 -B J' tOTT CO 9 1 .8 acres - /° ton > • tt, ,,,,C-. '' .4 / CS Nit t .. i N ..,= t"4 q.oP ,bo 'NI C s �ti © \'� Gray Point Cove, LLC Agenda Item 9 Page 6 Proposed Lots CI srtrOr 221.77. 221.0. 212.3' 120.M' N 7r30'ter• • .yet ...mgE 1AK S(a 01 MDIAO OCX1aPrioN 1, ? It N 3T3A'00' t 15.74 0 IM1. �� Z rs L2 a 3T3a'00• r 5.10 0 my ) we r� ts s ,r4e'2e N• r as. • :e S 34'0r2e r 100.72' 0 S lree'ie. t 5042' $ to s .74•C7.22. I 111.?I. .- \ '1 S ri !iA(t L7 g SO"S7'a5• N TS.Oe' Q" ,�a "f i Va u N 0T1406. r .C.00' J '1, r / _ / = F � 1.10 a 02'45.54. r 80.00" sZP , ii L11 $ 011401' w 51.87' �� / . - I 71 )/ * 1 af.e . ... x - A L \ : 8 ' t p Z it • ` . ! R c c vox, ` � i ,r I T- i.. I /;VI' ,) / '1 ''' • 1 g sow►airs nut' ...,....... ...-.....�.. _ o1Kr e�LL SAY►• I Ott - . i1 • i jrar ItAta1 MUD w ...+,..t.. • w • 1Lot G-1 -B-1 N._. wOx 40,015 sf. MO Ltr, IF-- ,.......--"' .., OVUM NCs - 1101811 t ; \ , I alit 1 ,..:.7 : 1 .7'u aov®o t sra•• , /O ot•or am Linap...LAL, Imo rur stated• i-, 1" rile •. rt. *IL � ,w i, _ : •.. w► 'lti W tom''—ase �i .�,�G� Lot G-1 -B-2 •r i - - _- 1 40,026 sf. _ 7-_Y to Q Gray Point Cove, LLC Agenda Item 9 Page 7 Proposed Lot Width _Li .7 I cr3)\c)ct; m - \ CO O o ._., d' L 01 LOT G-1-B 1 LOT Gcr. -1-B2 o 7 CK Z / c:1 c'... \ (<1\6?, \CH - i r )7. 41> 6) e •>14 vbc.\() :\l' , r` 108.5ft. wide :0 50 ��°,� �, 4 c- 1 c': 0.48, 110.36, 50' BLDG. cD S 0; <1' .3 SETBACK U' ,310 F o �'I ,� N:3,483,150.164 03 g6 �� 4E:12,191 ,519.093 sr \-1 \47• E' 125.00' Cl .G` Gray Point Cove, LLC Agenda Item 9 Page 8 Site Photos " { i : si r 1 / % j{R � tR� .f Tt a ..1 m iy' :M,J �R 7 x 77 £ .r j7 , ; f1j r sa r 3 a r I t 1'' ' 0 .7 i tli II r S _ ' , �. - i. .q ,«.mynas _� _na twir i r �, - - "ASS ,$. ` R w•r.. , _ .. tee. . .+ a ,J e - a 7 L toil , a a. tg} - xeY'F d rt.y- Ypw 7 . ;1, t J '4 ffi 1 _ .a F !1t ewes. ..,, + aI' ga '— p1 .tu� Gray Point Cove, LLC Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement 'NB 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 Gray Point Cove,LLC,a Virginia limited liability company Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes a No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sharon L.Gray,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(tii)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. 11 - Gray Point Cove, LLC Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement Cirtirofftroldamies. 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?El 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 II No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes It No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes It No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ft No • If yes,identify the purchaser and purchaser's service providers. 2 � Gray Point Cove, LLC Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement 1/3 City teirgi da asxlt _Planning&Community Development 6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® NO • If yes,identify the company and individual providing the service. 7, Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the firm and individual providing the service. American Engineering 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?NO Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ec Applicant Signature (/ Sharon L Gray,Managing Member Print Name and Title December 1,2020 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 ® i No changes as of (1." i 03/04/2021 signature j Pdnt N.m -�. i Aubrey Trebilcock 31 Gray Point Cove, LLC Agenda Item 9 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. Gray Point Cove, LLC Agenda Item 9 Page 13 Item # 9 Gray Point Cove, LLC [Applicant] Gray Point Cove, LLC & Sharon L. Gray [Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 3108 Little Haven Road & adjacent western parcel February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Preliminary Subdivision Plat of Lot G-1-A and Lot G-1-B, Little Haven", dated September 28, 2020, and prepared by American Engineering, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3 ,.� ti ,O O ! nue z1 o # Avein ���� �� , "- lt%c 3 e _____ _____ ._ . MVO." \\WA_ I § \• ' ° �.. 03 , 'a l v _ . --------- ,_ -,.%.. w___- -- 1::: . _ , \ lic_,.....---- 3\ -1, 1,... -- \,00 \ Is \ 1)11111 0 -_-. 1... (c:,2)J t -- \ta) , 0 ) tp , 0._____ ,s,701, \i, .. --- ---- ut ___ 0 01 !ii 11.- , 1 - ., I_Miip4o (i) ,,, Ati._ f t- ' _ \ to ,_..in,u11,6 ,\ I N_-_-_- __-----41, _____„5-D, g \ re 1 - -- 13) _---- L % 7�" 0 H \c ` r . \ - N 10 1117irj-loz� I co ct 0Q — rx to as J ' coo c� N • ' 1Wpm 111�1. C-- 0 c4 ' \T- :i c t 0514\ X \'1 ---°‘‘ ' '' 6 't '' O. ..• in ..„.. ce ----- -- 3.1 . \ ,- -. N. ,� At ` \ Ilk - 0 :(1), \ 1 Ica 1 L(C. \''L Lr- 0 i 0 �/ I Q - L'i_ \ w , --IWO' .i1 ' 1 i1 , 0 0, ri \-- IS \ *Ili- 1• �., ` CA N m 2 i4, •� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KENNETH STUART PROUD [Applicant] MARK & CRYSTAL PROUD [Property Owners] Change in Nonconformity (Enlargement of existing dwelling) for the property located at 228 Cavalier Drive (GPIN 24188682940000). COUNCIL DISTRICT — BEACH MEETING DATE: March 16, 2021 • Background: A Change in Nonconformity request to expand the size of one of the two dwellings on property zoned R-7.5 Residential District in the Cavalier Shore National Register of Historic Places Historic District. The dwellings were constructed in the 1940s, prior to the adoption of the City of Virginia Beach Zoning Ordinance; therefore, are considered legal non-conforming structures since the R-7.5 zoning district only permits one dwelling on each lot. The proposal includes the expansion of the front stoop by 24 square feet with a new porch roof, a 278 square foot addition on the first floor, and a 278 square foot addition to the second floor for a breakfast nook, covered porch, and office room. The rear yard of the property abuts the 50-foot wide linear Cavalier Park to the south, before Cavalier Drive. As the proposed expansion encroaches into the rear yard setback by 10.86 feet, the applicant seeks a deviation to the rear yard setback from 20 feet to 9.14 feet. The existing rear yard setback is 19.14 feet. • Considerations: Staff finds and the Planning Commission agreed that the request is consistent with Section 105(d) of the Zoning Ordinance which states that no non-conforming use or structure shall be enlarged, extended, or structurally altered unless City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing non-conformity." The proposal to expand one of the existing dwellings to include a breakfast nook, covered porch and office is small in scale and would not have a negative impact on surrounding properties. The proposed elevations are in keeping with the scale, proportion and design of the existing residences and with other residential structures in the vicinity. In addition, the deviation request to the rear yard setback is acceptable. This portion of the property abuts Cavalier Park with no public access pathway and the residences in this area maintain the 50-foot wide park area as if it were their backyard. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Four letters of support and one letter of Kenneth Stuart Proud Page 2 of 2 concern were received for this request. The concerns noted that the proposed modifications to the dwelling could potentially impact its designation as a contributing resource to the historic district. • Recommendation: On February 10, 2021, the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 10-0. 1. The expansion of the building shall be in substantial conformance with the submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6, 2020, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled, "Proud Residence", revised September 21, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The expansion shall be located no closure than 9.14 feet from the rear property line as depicted on the submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6, 2020, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This location is a deviation to the 20-foot setback required by the Zoning Ordinance. • Attachments: Staff Report & Disclosure Statements Location Map Ordinance Minutes of Planning Commission Public Hearing Letters of Support (4) Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: #11)1' 1 A RESOLUTION AUTHORIZING AN EXPANSION OF 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 228 CAVALIER DRIVE 4 5 WHEREAS, Kenneth Stuart Proud (the "Applicant") has made application to the 6 City Council for authorization to expand one of the nonconforming structures located at 7 228 Cavalier Drive and zoned R-7.5 (NE) Residential Zoning District with the addition of 8 a front porch and addition to one of the two dwellings on the parcel; 9 10 WHEREAS, this parcel currently contains two (2) single family dwelling units which 11 is not allowed in the R-7.5 Zoning District, but the two (2) dwellings were built prior to the 12 adoption of the applicable zoning regulations and are therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on February 10, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 18 of nonconforming structures is unlawful in the absence of a resolution of the City Council 19 authorizing such action upon a finding that the proposed structures as expanded will be 20 equally appropriate or more appropriate to the zoning district than are the existing 21 structures. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures as expanded, will 27 be equally appropriate to the district as are the existing nonconforming structures under 28 the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the nonconforming structures is hereby authorized, upon the 34 following conditions: 35 36 1. The expansion of the building shall be in substantial conformance with the 37 submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6, 2020, and 38 prepared by WPL, which has been exhibited to the Virginia Beach City Council 39 and is on file in the Department of Planning and Community Development. 40 41 2. The exterior of the proposed improvements shall substantially adhere in 42 appearance, size and materials to the submitted elevations entitled, "Proud 43 Residence" revised September 21, 2020, which has been exhibited to the 44 Virginia Beach City Council and is on file in the Department of Planning and 45 Community Development. 46 47 3. The expansion shall be located no closer than 9.14 feet from the rear property 48 line as depicted on the submitted Site Plan entitled, "BZA Exhibit of Lot 6", 49 dated October 6, 2020, and prepared by WPL, which have been exhibited to 50 the Virginia Beach City Council and is on file in the Department of Planning and 51 Community Development. This location is a deviation to the 20 foot setback 52 required by the Zoning Ordinance. 53 54 55 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: 'fi.oh-t Planning a d Community City Aft `y's Office Development CA15314 R-1 January 29, 2021 2 Applicant & Property Owner Kenneth Stuart Proud Agenda Item Planning Commission Public Hearing February 10, 2021 City Council Election District Beach City of 7 Virginia Beach Request Change in Nonconformity Staff Recommendation pc'. lF wee \, Approval p"e'l pa"e - gay cownl ow o oev 460 Street trees`.. Staff Planner - 45th HettS U O ,p 45th Street Hoa N. Dao o ,� 49 '1 phey tit ° 44tt,At d Hutt 5t�t, Location 43rd Stree i CJ I.,,,,Ger O`,Y, i $2nd Street 228 Cavalier Drive GPIN 2418868294 --` Site Size 5,708 square feet \\ AICUZ <,N.,50 t_ ; 65-70 dB DNL; Sub-Area 1 ,,,, ( , , P„ Watershed 'e"°° Atlantic Ocean dR Existing Land Use and Zoning District Wit.%r Via Single-family dwellings/ R-7.5 Residential(NE) : , ° ; Surrounding Land Uses and Zoning Districts 4 North ��= 42"d%Street s r Single-family dwellings / R-7.5 Residential (NE) t� ' South 0c 1le : ,, , ' Cavalier Park, Cavalier Drive 1 Single-family dwelling, hotel/OR Oceanfront r -. t � , ; Resort tt T. - East , �* t ...at , , Single-family dwellings/ R-7.5 Residential (NE) k_ j a a ti West r F,tse _ ' Single-family dwellings/ R-7.5 Residential (NE) d-— ecat W 4Y ' _. ' -.. .rr frts9 Kenneth Stuart Proud Agenda Item 7 Page 1 Background & Summary of Proposal • The subject 5,708 square feet site is zoned R-7.5 Residential District and is located within the North End Suburban Focus Area. • The dwellings on the subject parcel were constructed in the 1940s, prior to the adoption of the City of Virginia Beach Zoning Ordinance. • The R-7.5 zoning district permits one dwelling on each lot.As the property is developed with two dwellings,the applicant seeks a Change in Nonconformity request to expand the size of one of the dwellings on the site. Specifically,the applicant seeks to expand the front stoop by 24 square feet with a new porch roof, a 278 square foot addition on the first floor,and a 278 square foot addition to the second floor. • The rear yard of the subject site abuts Cavalier Park.As the proposed expansion encroaches into the rear yard setback by 10.86 feet,the applicant seeks a deviation to the rear yard setback from 20 feet to 9.14 feet.The existing rear yard setback is 19.14 feet. S. .4., rs t 1 3 "` � • R t Zoning History ,,��Wa;rn �- \ # Request A ,`l 1 REZ(RT-1&R-7.5 to OR)Approved 12/10/2013 ALT(Special Exception)Approved 12/10/2013 SVR(Section 4.1&4.4(d))Approved 12/10/2013 Park 2 NON(Expansion of Nonconforming Use)Approved 1" \ 10/11/2005 �salie s �{i v,tort t \ 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 Section 105(d)of the Zoning Ordinance states that no non-conforming use or structure shall be enlarged,extended, or structurally altered unless City Council finds that the proposed use will be"equally appropriate or more appropriate to the district than is the existing non-conformity."The proposal to expand one of the existing dwellings to include a breakfast nook, covered porch and office is small in scale and would not have a negative impact on surrounding properties.The proposed elevations are in keeping with the scale, proportion and design of the existing residences and with other residential structures in the vicinity. The applicant is requesting to encroach 10.86 feet into the required 20 feet rear yard setback. Staff finds this request to be acceptable as the property abuts the 50-foot wide Parcel B-2 identified as"Cavalier Park",which is between the property and the private portion of Cavalier Drive.There is no public access to this portion of the park and the residences in this area maintain the 50-foot wide park area as if it were their backyard. Kenneth Stuart Proud Agenda Item 7 Page 2 In Staff's opinion,the proposed expansion and deviation to the required rear yard setback are very minimal and are reasonable requests.Staff recommends approval subject to the conditions below. Recommended Conditions 1. The expansion of the building shall be in substantial conformance with the submitted Site Plan entitled,"BZA Exhibit of Lot 6",dated October 6,2020,and prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance,size and materials to the submitted elevations entitled, "Proud Residence", revised September 21,2020,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The expansion shall be located no closure than 9.14 feet from the rear property line as depicted on the submitted Site Plan entitled, "BZA Exhibit of Lot 6",dated October 6, 2020,and prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.This location is a deviation to the 20-foot setback required by the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as part of the North End Suburban Focus Area (SFAs), which is characterized by compact arrangement of relatively high density single-family and duplex dwelling units predominantly zoned as Residential Resort District (R-5R).The Comprehensive Plan recommends the use of attractive and high-quality materials capable of withstanding severe weather events,whilst retaining the historical appeal of the structures. In regard to the building design,the Comprehensive Plan recommends structures to have human-scale design and visual interest through proper fenestration, materiality, and color palette. Such structures shall also be consistent with the characteristics of the surrounding neighborhood in regard to the height,size, color, and materiality.As such,the proposed structural modification to the dwelling unit is consistent with the Comprehensive Plan's recommendations. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.The property is located within the Cavalier Shores National Register of Historic Places Historic District. National Register Districts are honorary and do not have restrictions or regulations that would prevent building expansions/additions. The proposed modifications could potentially impact its designation as a contributing resource to the historic district. Kenneth Stuart Proud Agenda Item 7 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Cavalier Drive No Data Available Existing Land Use 1-20 ADT Proposed Land Use 2-20 ADT 'as defined by two single-family 2 as defined by two single-family homes homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Cavalier Drive in the vicinity of this application is considered a two-lane undivided local street. There are no roadway CIP projects slated for this area. Public Utility Impacts Water & Sewer The subject site is connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • Four letters of support and one letter of concern have been received by Staff.The concerns noted that the proposed modifications to the dwelling could potentially impact its designation as a contributing resource to the historic district. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 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 February 22, 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 March 12, 2021. Kenneth Stuart Proud Agenda Item 7 Page 4 Proposed Site Layout 4024 /2 N.B. 8,L ALL EY j STREET EDGE OF ASPrtA.Li ROADWAY 1� f SCO �4' / `tY 81'4• F 11' ,, frilie CONCRETE. Wm-- ---, 4. e N"• . . DRYEWAY WV"I`1 SCO l8• BLOCK WALL 12.46. -1 322-tk pd FLOOR 41 Q 0.23' OUTSIDE . CONCRETE 1 GRW1NG DRW WAY &23.I n�: ._4 I. • - ,...;,:�Y ri 'rf AND MAUL "� 1 �/-CONCRETE Y �CFHA NEY.-STOOP / RAMP v O .-.,., ' 5.30- L CONCRETE, � ,w 1\ BR OK 4' BRICK PATO (}.. 8� BOCK WA �- R'AEKWAY / WALL ?� AABY - : 015' OJ?S{O )00622890) Zr) —12.47'--- 27.80 • 8.0▪ 4' JOH CHUNEY (IN. 201 G. 12) CONCRFE 86-8232 - .r-2^4 E1ooR / RAMP (y.E OVERWIN GPIN: 8. w4:7 rx.. , CK #228 •kJ 0 7 .. ___ ` f WALKWAY W. 2 E;;"I E I:; 3 , ,,: /0.0'i ' .r.,I AND FRAME fi. . K \ O ST C\ V vEW STAIRS — LOT O —11• • •.:, -14 03'PROPOSED , /� ! % 1 . ONT PORCH V 4ND STAIRS o ADDITION - — 281.5' T( - \ A7ZA14/17C A 82' ''W 0' 1 4-9 .42' c' R a � �14' rj. PROPOSED 1st & 2nd FLOOR ADDITIONS AND PROPOSED PORCHES CONCRETE PAT70 50.DO' 1 CAVALIER PARK OF Gf-P (50)(M.B. 8, PG 12) C SITE D 1. GFAN: 2411 �ARNER—� 2. ZONING: 7 2904 a 3. TOTAL ARE 5,750 SC 4. LOT COVEF 2010 4, ALLOWABI �° CAVALIER DRIVE PRE D2` ,N.C.' (25' PUBLIC RIGHT—OF—WAY) 2,. N.B. 8, PG. 12) pm?-DE 2.• c o•ovwr C. Kenneth Stuart Proud Agenda Item 7 Page 5 Proposed Elevations a �L• -� _ . . _..., 71:,____,, , ------ "-' 1,,' i 1 L V 1 c., b c + ;ii t `JQ / t III ; i ` F; # . 1 sg5 i ji Q t..;.V 't 1 ,. /: ° I 11 ' . ''' , '', . !'' i k''. 1 i ',., - ,,1 1 _ .k ; Irli : , ; ! - Ian i , i _ii 1 1 k;lir I:i I'..'1:17 ,.;'f;:, . l'''ii* 3 't I. r,t . h� t i t.{ n. r; o j. l' _ _ : Wili — yn r i J R n � � iBilr3 ;, I I IWI , it Kenneth Stuart Proud Agenda Item 7 Page 6 Proposed Elevations __1 iIL l 1_I1i / 1� LT��-� fir _in ill4 -, „ jic . ir"---74?'ill ill : ,, _. .. Rfu<urt 6vIt-.,.tom - c.,,r, T I` /. �' 'it.." _.=_ --- - = -_ -- {.. IMI .f- r}g i A', 11 , -_ - >.�' iglAl I I1(. 1- i'y, 4'•v' i '`lid 1 SOUTI-1 ELe_vA1toN PROUD RES►ottJCE• SC.kt,L• Vi'•l.-cP "Mg. a,ZoZO 1.4V• 9_2.',LDtO z-, T.071{'7 ,dl G,.1 ly. . -'W i. ..„ _ _____,_ __,, _____ _::__I,.: it ._ , , •,2....„.0,,_.,__ • , __.. .. _.7,,,,, di ��.11. lin E, -},+,{ ._ • gli ( 6 _I_ . i , , , , ,dd eau,- �`''. V^t. ''ram, . {i. - EM5T LLEVAZIO I Tsnx, RE ,'t' .t,,£ SCIG.t.-V4'<I'-o -1M, 22- 2c?n ttv. 1.Z.,tutu Kenneth Stuart Proud Agenda Item 7 Page 7 Site Photos 1 A . . ° '..14-t4.• .° ' C' , :1 . , ,:,- %., T , ' -• . 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NN, ; . ., ,-- ,,,,,, ,, ''' - ,,_:-.44 ,_ -,,-, • it-I, ..4"-' -,-.',',,,, -„ "..e_::.1444H1,...si,..1 ,_,_ ' .. i. -.6- ........, i , . . -----_-_44iii-- ..._- : . _I' ' Atiik ••'41-:- - -''.:--•:•,-2:: -- --•'-'- -"- ' - ' ..- • , _ -., • _. Kenneth Stuart Proud Agenda Item 7 Page 8 Disclosure Statement Disclosure Statement 113 City,..Vminta&, 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 Kenneth Stuart Proud Does the applicant have a representative? ®Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ®No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "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. 11 Kenneth Stuart Proud Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement 1113 ON fi'ov:,g Bend: 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 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 providing the service. Wells Fargo 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner proviceo r 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 and individual providing the service. Wayne Anderson,Covington Hendrix&Anderson Architects 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. 71 Kenneth Stuart Proud Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement („ty of tiyunra ami! 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 IN 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?it Yes 0 No • If yes,identify the engineer/surveyor/agent. WPL(surveyor) 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 el 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 �\ Kenneth Proud Print Name and Title 11/03/2020 ..2i4)Wf?P:C-1� ( \ 0t 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 oats 02.24.2021 signature Print Name Hoa N.Dao 3I Kenneth Stuart Proud Agenda Item 7 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Kenneth Stuart Proud Agenda Item 7 Page 12 Item # 7 Kenneth Stuart Proud [Applicant] Mark & Crystal Proud [Property Owners] Change in Nonconformity 228 Cavalier Drive February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 CONDITIONS 1. The expansion of the building shall be in substantial conformance with the submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6, 2020, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled, "Proud Residence", revised September 21, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The expansion shall be located no closure than 9.14 feet from the rear property line as depicted on the submitted Site Plan entitled, "BZA Exhibit of Lot 6", dated October 6, 2020, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This location is a deviation to the 20-foot setback required by the Zoning Ordinance. 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. 3 Hoa N. Dao From: melinda forbes <melindaforbes@hotmail.com> Sent: Tuesday, February 9, 2021 1:31 PM To: Hoa N. Dao Subject: Kenneth Proud planning application 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 am a neighbor of Kenneth Stuart Proud and his family at 228 Cavalier Drive in Virginia Beach.They live directly behind me, and I fully support their quest to expand the footprint of their home. It will be an asset to our neighborhood, and I encourage the Planning Commission to agree to it. Melinda Forbes 210 43rd St Virginia Beach,Va. 23451 Sent from r,1aii for Windows 10 /cal147 / My family lives directly behind Mark and Crystal Proud and fully supports their application to add a porch onto their home on Cavalier Drive in Cavalier Shores. We've owned and lived in our house for more than 20 years and consider a porch a positive addition and asset to their home as well as to our neighbohood. It would be compatible with many of the other houses in Cavalier Shores and enhance the old, beach-style character of our historic community. Please approve the variance needed to give them the outdoor life that many of us already enjoy. Melinda and Curtis Forbes 210 43rd St. Virginia Beach, Va., 23451 4 February 2021 Eric Aaby 300 Cavalier Drive Virginia Beach,VA 23451 571-319-2995 Virginia Beach Planning Commission 2875 Sabre Street, Suite 500 Virginia Beach,VA 23451 Subject: Change of Nonconformity Hearing for 228 Cavalier Drive,Virginia Beach,VA 23451 To whom it may concern: I am Eric Aaby,the owner and occupant of 300 Cavalier Drive, neighbor to Ken, Mark and Crystal Proud. My house is adjacent and to the west of the subject property, across the historic brick walkway. I am in full support of the Proud's request for nonconformity. I have seen their application,the architect's renderings,elevations, and plats. Their project will improve the aesthetics and value of their property and others in the neighborhood. I am scheduled/registered to be on the WebEx hearing next week, 10 Feb 2021 at 12:00pm to show my support as needed. Please let me know if you have any questions. Regards, Eric Aaby WALL EINHORN CHERNITZER CPAs & ADVISORS - February 8, 2021 Planning Commission 2875 Sabre St, Suite 500 Virginia Beach, VA 23542 RE: Change in Nonconformity Crystal and Mark Proud 228 Cavalier Drive Virginia Beach, VA 23451 To Whom It May Concern: This letter is in reference to the Change in Nonconformity notice for the above referenced address. Please note we are neighbors with the Proud family. Our house is immediately next-door one house east on Cavalier Drive at 224 Cavalier Drive. We have reviewed the plans and have spoken at length with the Proud family are we are very excited about this project. We feel the changes they will be making will enhance the overall appearance of the neighborhood and bolster property values. They have our full support. Please feel free to contact me at any time at 757-286-9066 if I can be of any assistance in seeing that this project comes to fruition. Sincer 4./ Paul G DiNardo Shareholder Hoa N. Dao From: cbfay2@gmail.com Sent: Monday, February 8, 2021 4:30 PM To: Hoa N. Dao Cc: Guy Tower Subject: Re: Application for Civic League Comments CAUL 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. Hoa, This property is a contributing resource to Cavalier Shores Historic district and the modifications could potentially risk its designation on the Landmarks Register and National Registar. Please let me know if you have any additional questions. Thank You, Bernice Pope, President Historic Cavalier Shores Civic League Sent from my iPhone On Jan 18, 2021, at 11:50 PM, Hoa N. Dao<HDao@vbgov.com>wrote: Dear Ms. Pope, The City received a request to expand one of the nonconforming dwellings located at 228 Cavalier Drive. Attached are the application and plans for your review. 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S: ,::,YY CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MS VIRGINIA BEACH, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning (Rezoning to Conditional A-36 Apartment District approved by City Council on June 1, 1987) for the property located at 2257 Willow Oak Circle (GPIN 1499493656). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: March 16, 2021 • Background: The subject 16.33-acre site was rezoned to Conditional A-4 on June 1, 1987, which is now zoned Conditional A-36 Apartment District. The conditional rezoning agreement limits the maximum density of the apartment complex (392-unit Marina Shores) to 24 units per acre. The applicant proposes to redevelop the southwest corner of the property that is currently occupied by tennis courts with a 49-unit, three-story building over surface parking. Adding these units results in a density above the maximum established in the 1987 proffer agreement. Based on this, a modification to the proffer agreement is requested in order to permit an overall density of 27 units per acre. The proffered building elevations depict a first floor band of brick veneer siding to match the existing apartment buildings, fiber cement panel siding, and an architectural fiberglass shingle roof. ■ Considerations: In Staff's view and the Planning Commission agreed, the proposal to add 49 apartment units to the complex is consistent with the Comprehensive Plan's vision for the Suburban Area and the Shore Drive Corridor. The Plan identifies the Shore Drive Corridor as a primarily residential area with supporting commercial uses. Compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering are keystone recommendations. According to the applicant, the new building will replace underutilized tennis courts and replaces an existing impervious surface with the same. Traffic Engineering Staff reviewed the request and indicated that impacts to the roadway capacity and intersection will be minimal. The additional 125 parking spaces planned with the improvements will create an excess of 49 spaces above the minimum requirement. And while an approval of the modification will result in a slight increase in density from 24 units per acre to 27 units per acre, the proposed building height, massing, MS Virginia Beach, LLC Page 2 of 2 architectural design, and use of materials are all compatible with the existing apartment buildings on the site and uses in the vicinity. The applicant's representative presented the proposal to the Bayfront Advisory Commission and adjustments to the application related to height(1 story reduction) and to the number of units (11-unit reduction) were subsequently made based on comments provided at the briefing. The proposal considered by the Planning Commission included these changes. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission public hearing who noted concerns related to the ability to modify a recorded proffer agreement, the proposed increase in density, and perceived traffic issues. The speaker also noted that, contrary to the statement made by the applicant to staff, the Shore Drive Community Coalition does have concerns with the application. • Recommendation: On February 10, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. • Attachments: Staff Report & Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Public Hearing Letters of Opposition (8) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Agenda Item Applicant & Property Owner MS Virginia Beach, LLC Planning Commission Public Hearing February 10, 2021 City Council Election District Lynnhaven 6 City of Virginia Beach Request Modification of Proffers Staff Recommendation I" Approva I Ocean5r"A' PvpOUe e Staff Planner c o'" r orve o Necry Jonathan Sanders a S"°`e o cap° 9� o t m_ m.� sa ry,Sore Pvenue1 :- o ,t ,deanp o O� nd n t .— -, � ` o • nYrvef $ }Location m CAW' in i 1,. da A .A! m2257 Willow Oak Circle ¢ t6ao aO• GPIN N 1499493656 �°v o Lynnhaven Dive �.r ; Y A � I Site Size o w aees lY5oad �= P m 0�. 16.33 acres g '',1,- 2 P AICUZm Buccaneer Road c n P n Broad 13"Road g n Less than 65 dB DNL island Lane c Watershed Adam Keeling Road ci Chesapeake Bay Existing Land Use and Zoning District Apartments/A-36 Apartment (Shore Drive S"°`e g_. • 4. '7 ' � Corridor) LP ';.� �1: �' ` g t Nr - { st.rt: ' Surrounding Land Uses and Zoning Districts t o '' .'y . k f"z *4` ds� -3 o North 0 c . .ram, N - a Mixed retail, restaurants / B-2 Community Z - " : Business(Shore Drive Corridor) F, " (` + - . South ° ' r ° - • Lynnhaven Drive ° Single-family dwellings/A-36 Apartment (Shore r t , ` Drive Corridor) f 4 V tr," East1'4 • =z'q,vef.: ` , , nn"aven 0 > , Single-family dwellings / R-7.5 Residential •1 `1 f (Shore Drive Corridor) ' '� c to West -' - 4;«� N. Great Neck Road Single-family dwellings/A-18 Apartment (Shore Drive Corridor) MS Virginia Beach, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The subject 16.33-acre site was rezoned to Conditional A-4 on June 1, 1987,which is now zoned Conditional A-36 Apartment District. One of the approved proffers limits the maximum density to 24 units per acre on this site. • The Marina Shores apartment complex is currently developed with 392 units within 13 apartment buildings, a clubhouse, an office, a community pool,tennis courts and a pond. • The applicant proposes to redevelop the tennis courts area, located at the southwest corner of the property,with a new 52 foot tall three story building over surface parking with 49 additional units for a total of 441 units,thereby, increasing the overall density from 24 units to 27 units per acre. The proposed Site Layout is depicted on page seven of this report. • There are 659 parking spaces that exist on the site. Improvements throughout the entire site will add 125 additional parking spaces for a total of 784 spaces, exceeding the parking requirement by 49 spaces. The proposed parking plan is depicted on page eight of this report. • The building elevations,shown on pages 10& 11 of this report,depict an architectural fiberglass shingle roof, a first floor band of brick veneer siding to match the existing apartment buildings and fiber cement panel siding. The building features balconies with railings and vinyl lattice work accents are installed in open gables at the roof line and are consistent in height and massing with the existing apartment buildings on site. • Along with maintaining several existing trees along North Great Neck Road,the Conceptual Landscape Plan,on page nine of this report, depicts new trees and shrubs proposed along both street frontages and interior trees and shrubs installed in the parking lot area. The landscaping and screening requirements will be reviewed in greater detail during final site plan review. 00 r, aa5 \ Zoning History 4 '" # Request s .r vr.i1 1 CRZ(A-1&B-2 to Conditional A-4)Approved 06/01/1987 13- 1 .////� s R76 2 CUP(Home Occupation Retail Sales)Approved "' �� 10/17/2017,; ���` e-v _ \ ", F CRZ(B-2 to Conditional PD-H2(A-36))Approved ` i r- 1 ` 14 01/04/1993 3\`:' A. ; `jr CRZ(A-1 to Conditional A 4)Approved 06/01/1987 � ; a is. 3 CRZ(B-2 to Conditional PD-H2(A-18))Approved I n`.-TB:2 fit :� //�/ /�- , ; 01/04/1993 } I n�as CRZ(R-6 to B-2)Approved 06/01/1987 " '"P 4 CUP(Wind Turbine)Approved 03/09/2010 5lib A.,Z 5 CUP(Outdoor Recreation Facility,Assembly Use) r\-- Approved 05/21/2019 '1 \Y. 1 ' .. - -BSA• \ _P., 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 MS Virginia Beach, LLC Agenda Item 6 Page 2 Evaluation & Recommendation The proposed Modification of Proffers to add one new building with 49 units to the existing apartment complex for a total of 441 units, in Staff's opinion, is consistent with the Comprehensive Plan's vision for the Suburban Area and Shore Drive Corridor of the City. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering. The request is consistent with the recommendations of the Comprehensive Plan that identify the Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents.The Plan recommends to preserve and protect the character of the established neighborhood.While,the proposed density slightly increased from 24 units to 27 units per acre,the proposed building height, massing and use of materials is compatible with the existing apartment buildings on the site. The proposed development replaces underutilized tennis courts and replaces the existing impervious surface with a three-story building consistent with the other buildings on site. As proposed,the development exceeds the minimum parking requirement by 49 parking spaces. There should be no overflow of vehicles onto the streets of the adjacent neighborhoods, as there is adequate parking on site to accommodate residents and their guests. As mentioned previously,the landscaping and screening requirements will be reviewed in greater detail during final site plan review. Public Works Traffic Engineering reviewed the request and raised no concerns. The Virginia Beach City Public School Staff indicated that the proposal will not impact a school with more than five students,which is within capacity. The Bayfront Advisory Commission (BAC) reviewed the application and recommended a reduction in the number of stories from four stories above parking to three stories above parking and a reduction of the 60 units initially proposed. As a result,the applicant reduced the number of floors to three stories and the number of units by 11 to 49 proposed units. The BAC reviewed these modifications and finds the proposal to be consistent with the Shore Drive Corridor Design Guidelines and Staff concurs.The BAC is supportive of the request. Based on the considerations above,Staff recommends approval of this request subject to the proffers noted 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 proffers. Proffer 1: To the extent applicable to the Property, Proffer Number 1 of the Original Proffers is hereby deleted in its entirety. Proffer 2: The last sentence of Proffer Number 4 of the Original Proffers is hereby deleted and replaced with the following: "All structures constructed on Parcel 1-D shall be subject to a maximum height limit of sixty-five (65)feet,and the density shall not exceed four-hundred forty-one (441) units." Proffer 3: The following is hereby added as Proffer Number 8 to the Original Proffers,and shall apply only to the Property: MS Virginia Beach, LLC Agenda Item 6 Page 3 "The structure located in the southwestern corner of the Property,when developed, shall be developed in substantial conformity with the conceptual site plan entitled 'Marina Shores Expansion', dated August 31, 2020, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." Proffer 4: The following is hereby added as Proffer Number 9 to the Original Proffers, and shall apply only to the Property: "The quality of architectural design and materials of the multifamily residential buildings constructed in the southwest corner of the Property,when developed, shall be in substantial conformity with the exhibit consisting of two (2) sheets, prepared by Cox, Kliewer&Company, P.C., entitled 'Marina Shores', and dated November 27, 2020 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council." Proffer 5: The following is hereby added as Proffer Number 10 to the Original Proffers, and shall apply only to the Property: "Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled 'Marina Shores Apartment Expansion, Conceptual Planting Plan', and dated August 31, 2020(the'Landscape Plan'), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review." Proffer 6: Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. The Original Proffers shall remain in effect in their entirety and are unchanged by this Agreement with respect to the remainder of the Property. 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. 1987 Proffers 1. The entire property shall be developed in compliance with sections A, B, C, E, and H of the City of Virginia Beach's "Urban Best Management Practices Handbook". 2. On the Northwest Parcel 1-C(12.339 acres)there shall be no more than two (2) curb cuts on Great Neck Road relocated. 3. On the Southwest Parcel 1-B (4.246 acres)there shall be no curb cuts on Great Neck Road relocated. 4. On the Northeast Parcel 1-D (16.330 acres)there shall be no more than two (2) curb cuts on Great Neck Road relocated. A 75' wide strip of land, running the entire eleven hundred feet (plus or minus)from north to south on the Eastern boundary of Parcel 1-D shall be provided and maintained as a buffer zone. This two acre, more or less, buffer strip is to be used for calculation of density and recreational purposes only, confined to jogging, fountains, benches, bird baths, bird houses, individual fitness stations not to exceed three (3) exercises per station, walkways, children's fitness outdoor equipment, and low level lighting. Existing trees and vegetation in the buffer zone are to be preserved and maintained to the maximum possible degree. All structures constructed MS Virginia Beach, LLC Agenda Item 6 Page 4 on Parcel 1-D shall be subject to a maximum height limit of sixty-five (65)feet, and the density shall not exceed three hundred ninety-two (392) units (twenty-four(24) unites per gross acre). 5. Southeast Parcel 1-A (14.001 acres)shall have no curb cuts on Great Neck Road relocated. All structures constructed on Parcel 1-A shall be subject to a maximum height limit of sixty-five (65)feet, and the density on the parcel shall not exceed three hundred thirty-six(336) units (twenty-four(24) units per gross acre). Within the limits permitted by law, structures constructed on Parcel 1-A shall be occupied by adults (21 years or older) only. This restriction as to adults only shall be enforced by deed restriction, and/or homeowners association and/or owners of the apartments if rented. 6. Parcel 1 (4.221 acres) shall not be developed in any manner other than for walkways, bird nests and bird feeders, and shall be preserved as a nature conservancy. The grantors hereby concur and give their consent to any motion which may be made by the City of Virginia Beach to rezone Parcel 1 to P-1, Preservation District. By this restriction it is the grantors' intent that the marshlands on Parcel 1 shall be protected and that the entire parcel shall remain in its natural state,free from development other than as stated herein. The Grantors reserve the right to return the high land (located at the south end of Wake Forest St.)to marsh by removal of fill. 7. In the event that a marina is constructed on the property, there shall be no ingress or egress to or from the marina by way of the City's haul road. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from 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,creating unique and sometimes problematic challenges.The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N.Great Neck Road 27,100 ADT1 36,900 ADT 1(LOS°"D") Existing Land Use 2—2,870 ADT Proposed Land Use 3—3,228 ADT 1 Average Daily Trips 2 as defined by 392 apartment 3 as defined by the proposed 441 4 LOS=Level of Service units apartment units MS Virginia Beach, LLC Agenda Item 6 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Drive in the vicinity of this application is considered a two-lane undivided local street. No roadway CIP are slated for this area. North Great Neck Road in the vicinity of this application is considered a four-lane divided major suburban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 120 foot right-of-way. No roadway CIPs are slated in the vicinity of this site. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Dey Elementary 731 students 797 students 5 students 5 students Great Neck Middle 1,066 students 1,194 students 2 students 2 students Cox High 1,772 students 1,963 students 2 students 2 students 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 presented the proposal to the Bayfront Advisory Commission (BAC) on November 19, 2020. No objections to the application were noted by the BAC. • The applicant and the applicant's representative discussed the proposal with the Board of the Long Creek Cove Condo Association,the Arbors at Marina Shores Association, and the Shore Drive Community Coalition and Cape Story by the Sea. Per the applicant, no concerns were raised. • Eight letters of opposition have been received by Staff noting concerns related to high density and traffic congestion and safety. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. MS Virginia Beach, LLC Agenda Item 6 Page 6 City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 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 February 22, 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 March 12, 2021. MS Virginia Beach, LLC Agenda Item 6 Page 7 Proposed Site Layout ...-- ,. - Trit_T. . ,, ,--- 0 • T [1,7-- i 1J i IJ 1 1 i i ID i til _...- ' t ,.. )I t. A 1 . --:i• — - . \ iii C,.-=';.::--7-. L_..,-- 6 r . , . . . ,, l' : •• . . . ,-1 ' . LJrJLi -. • ---' — I 1 L, - ;"-----•-,-- , : r __...--1,--.... 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O 15 V jjK 10a2 C,-u2 < ,, x 11,' Q Ov CCIwwa LUa 5 ,u'UW iwDX Mc,` Cr) d J JJJ ffl O.DO J W< OCIUw z W tn Q a t- • �o a s Lu z m ZO MS Virginia Beach, LLC Agenda Item 6 Page 10 Proposed Elevations i 3 i ! i , '.' h j- ".7. oe 2 I i t i, i v ,e i r 9 7 c, ,-j• ?... V. , I. 4 a :I .7 I. AL & * , 1 - ii Te. c i I 0 -6 low 1 (i)31 IS ":7-1 J11111 i 1 4MI "5 IMI g ( _ 1 I 6 111111 1 4 . 111 : 1 0 w B on um o Ku am I a i.41 41 MA 0 I -8 _61 MI ° -F um >I 111 11 am E-- X -0 9 z III NI 0 _ ill ay c.) a Atiril M71 —I -a I j 1,7,41 4, .41 0 L 7......, in )1 F— MI MI IIIII 9-, a. iis 1_01 01 ,,Q1 ' I el Ili MI WI WA MII NM I III ie . .. ....„. ii MI MN iiii 1 I Irl om g in .2 1 l, u) o 116 Ns , ) "-- cr) 1 1 s ,D1 tl g z ; = 0 0 A E' c•R C ( ) •— <c,, 1— te,icrj 0 I 0> ›z t - ., ., g . . , . . ... ...., MS Virginia Beach, LLC Agenda Item 6 Page 11 Proposed Elevations i . a I I=PI= EN ---i— c. 0 lir-- Ilii — is NE b I 1 ,, E .1 II I ol A wi Z I 10, - i 1 1 4 1 1 Illi illi 0 0.. WA 113 MI i 1 ' 1 IA ail ginitil W 11 ' Ell all 1 aq awl NI 1111• r i4 1 4 Pi i ' .1 ' 1,Nil U a I mum I. no 1.• .! s r (...) 1 1 ti p z 1- 0 2 5 ( > C .R (it. a r,.. co w 0 .4 17, CD> :s 7- -": i i• MS Virginia Beach, LLC Agenda Item 6 Page 12 Site Photos ' e y ...AP:, ' I? 1-y MARIRA r _ '7kz--..,. -� .., -- -- ..yam SSC 1.-.. . r ,5,;' ... '" 4. }j • Nr"fib'. , k , t • - _ ;-• M-'1 ` , . ' oar' '.:. • - -6 _ ;:', f , MS Virginia Beach, LLC Agenda Item 6 Page 13 Site Photos F • ; vi_ :44, nn +"w % .' i.�.7 a a[" .... : .7�5+ �',e�.'dl a �. 4.4 Mr, 418. Ir‘ • r l iil,� I tiii •im � Jr - R - 9.0S' atom i *. • V. * . . : , ; ,x . , is s i MS Virginia Beach, LLC Agenda Item 6 Page 14 Disclosure Statement Disclosure Statement rtp.:(rrimiti,R,ui r � 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 MS VIRGINIA BEACH LLC Does the applicant have a representative? ®Yes 0 No • it yes,list the name of the representative. Robert P.Beaman III,Esq. Troutman Pepper Hamilton Sanders LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all 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§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 I oral Government Conflict of Interests Act,Va. Code§2.2-3101. 1I MS Virginia Beach, LLC Agenda (tern 6 Page 15 Disclosure Statement Disclosure Statement SA3 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? IN Yes ❑No • If yes,identify the financial institutions. Wells Fargo Bank,National Association,as Trustee for the Registered Holders of Barclays Commercial Mortgage Securities LLC, Multifamily Mortgage Pass-Through Certificates, Series 2015-KF08 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes II 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 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?I Yes ❑ No • If yes,identify the firm or individual providing the service. Cox,Kleiwer&Associates 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. 2 MS Virginia Beach, LLC Agenda Item 6 Page 16 Disclosure Statement Disclosure Statement 'NB t.wti h Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes El 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?II Yes 0 No • if yes,identify the engineer/surveyor/agent. Timmons Group 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. Troutman Pepper Hamilton Sanders LLP; Robert P. Beaman III, Esq. 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. (ktaliV) /Applicant Signature 1riniV ' th \({cf. ?t't5idc t Print Name and Title 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 applicationc No changes as of Date 03.04.2021 signature Print Name Hoa N.Dao 3 I ,. MS Virginia Beach, LLC Agenda Item 6 Page 17 Disclosure Statement CERTIFICATE OF OFFICER OF MS VIRGINIA BEACH LLC The undersigned,Yvonne Owens,does hereby certify and affirm as follows: 1. That the undersigned is the Assistant Secretary of MS Virginia Beach LLC, a Delaware limited liability company(the"Company"). 2. That the City of Virginia Beach requires the Company to sign a Disclosure Statement ("Disclosure") in connection the Marina Shores Apartments, located in Virginia Beach,Virginia. 3. That the individual identified below has been duly elected, is properly qualified for and currently holds the office of the Company identified adjacent to his name, and that the signature set forth below is the true signature of the individual: Officer Name Office(s) Signature Katherine D.Furman Vice President 4. That the individual identified above is authorized: (a) to sign on behalf of the Company, the documents with respect to which this Certificate is being delivered (and each document referred to therein or contemplated thereby) and (b)to act as a representative of the Company for the purposes of signing such documents and give notices and other communications in connection therewith and the transactions contemplated thereby. IN WITNESS WHEREOF,the undersigned has executed this Certificate as of the day of January 2021. dmu e Owens Assistant Secretary MS Virginia Beach, LLC Agenda Item 6 Page 18 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. MS Virginia Beach, LLC Agenda Item 6 Page 19 e"GOA•BEAe 1. g (A\ ._ CITY OF VIRGINIA BEACH ,-' INTER-OFFICE CORRESPONDENCE z +-' CF DUR N0,10N In Reply Refer To Our File No. DF-10578 DATE: March 5, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson .yti DEPT: City Attorney RE: Conditional Zoning Application; MS Virginia Beach, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 16, 2021. I have reviewed the subject proffer agreement, dated August 31, 2020 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Prepared by and return to: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 31' day of August, 2020, between MS VIRGINIA BEACH LLC, a Delaware limited liability company, ("Grantor", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit A attached hereto (the"Property"),which property is currently zoned Conditional A36, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between David I. Levine and Gale M. Levine and Grantee dated June 15, 1987, and recorded on July 7, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office")in Deed Book 2651, at Page 218(the"Original Proffers"); and WHEREAS, Grantor desires to amend and modify certain of the covenants, restrictions, and conditions set forth in the Original Proffers to the extent applicable to the Property; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment 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 extraction 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 make 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 the terms of 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 heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. To the extent applicable to the Property, Proffer Number 1 of the Original Proffers is hereby deleted in its entirety. GPIN: 1499-49-3656-0000 109569936v6 2. The last sentence of Proffer Number 4 of the Original Proffers is hereby deleted and replaced with the following: "All structures constructed on Parcel 1-D shall be subject to a maximum height limit of sixty-five(65) feet, and the density shall not exceed four-hundred forty-one(441)units." 3. The following is hereby added as Proffer Number 8 to the Original Proffers, and shall apply only to the Property: "The structure located in the southwestern corner of the Property, when developed, shall be developed in substantial conformity with the conceptual site plan entitled `Marina Shores Expansion', dated August 31, 2020, and prepared by Timmons Group (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." 4. The following is hereby added as Proffer Number 9 to the Original Proffers, and shall apply only to the Property: "The quality of architectural design and materials of the multifamily residential buildings constructed in the southwest corner of the Property, when developed, shall be in substantial conformity with the exhibit consisting of two (2) sheets, prepared by Cox, Kliewer & Company, P.C., entitled `Marina Shores', and dated November 27, 2020 (the"Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council." 5. The following is hereby added as Proffer Number 10 to the Original Proffers, and shall apply only to the Property: "Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled `Marina Shores Apartment Expansion, Conceptual Planting Plan', and dated August 31, 2020 (the `Landscape Plan'), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review." 6. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. The Original Proffers shall remain in effect in their entirety and are unchanged by this Agreement with respect to the remainder of the Property. All references herein 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 modification of proffered covenants,restrictions and conditions is approved by the Grantee. Page 2 109569936v6 The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, 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 an 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. The Grantor covenants 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 Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department 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 Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature and Notary Page to Follow.] Page 3 109569936v6 MS VIRGINIA BEACH LLC, a Delaware limited liability company By: Name: rte Title: .V 1 C4 IrrOvdrwr STATE OF tiV to v'I art CITY/COUNTY OF Li Oj cL 4 +u ,to-wit: OThe foregoing instrument was swgn to and acknowledged before me this 31 day of vSvt3 , 2020, by t—r►tiVt C , on behalf of MS Virginia Beach LLC, a Delaware limited liability company. He/she is either personally known to me or has produced l:t t.y,, as identification. Witness my hand and official stamp or seal this 31 day ,2020. Notary Public (SEAL) My Commission Ex ires: $,i(l) ?01,I LAWRENCE S.BLOCK P NOTARY PUBLIC,State of New York Registration Number: d2 4L Sb l G No.02BL5016584 Qualified in Westchester County Commission Expires Aug. 16,2021 Page 4 109569936v2 EXHIBIT A Legal Description of Property All of those lots or parcels of land located in City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT CERTAIN TRACT OR PARCEL OF LAND IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE SOUTHERN LINE OF A PARCEL OWNED BY THE CITY OF VIRGINIA BEACH AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK 908, AT PAGE 249 WITH THE WESTERN LINE OF CAPE STORY BY THE SEA PLAT NO. 2 AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH,VIRGINIA, IN MAP BOOK 32, AT PAGE 8; THENCE LEAVING SAID CITY PARCEL AND RUNNING ALONG THE SAID WESTERN LINE S. 13° 06' 30" E. 1112.69 FEET TO AN OLD IRON PIN ON THE NORTHERN RIGHT OF WAY LINE OF LYNNHAVEN DRIVE BEING ALSO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 118.00 FEET A CHORD BEARING OF S. 71° 39' 07" W. AND A CHORD LENGTH OF 21.19 FEET; THENCE RUNNING ALONG THE SAID RIGHT OF WAY LINE WITH A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF-21.22 FEET TO AN IRON PIN; THENCE S. 76° 48' 16" W., 116.28 FEET TO AN OLD IRON PIN AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2,305.98 FEET; THENCE ALONG THE SAID RIGHT OF WAY LINE WITH A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 296.37 FEET TO AN OLD IRON PIN; THENCE S. 84° 10' 06" W. 327.59 FEET TO AN IRON PIN AT ITS INTERSECTION WITH THE EASTERN RIGHT OF WAY LINE OF RELOCATED GREAT NECK ROAD AS SHOWN ON VIRGINIA DEPARTMENT OF TRANSPORTATION PROJECT NO. U000-134- 108, R/W-201 AND RECORDED IN SAID CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH IN DEED BOOK 2265 AT PAGE 536; THENCE LEAVING SAID LYNNHAVEN ROAD AND RUNNING ALONG THE SAID EASTERN RIGHT OF WAY OF RELOCATED GREAT NECK ROAD THE FOLLOWING COURSES, N. 2° 42' 37" E.. 61.25 FEET TO A CONCRETE MONUMENT; S. 86° 54' 12" E., 14.50 FEET TO A CONCRETE MONUMENT; N 2° 22' 09" E., 8.97 FEET TO A CONCRETE MONUMENT; N. 87° 16' 32" W., 14.50 FEET TO A CONCRETE MONUMENT; N. 2° 42' 37" E. 55.67 FEET TO A CONCRETE MONUMENT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET; THENCE ALONG THE SAID CURVE TO THE LEFT AN ARC LENGTH OF 681.23 FEET TO A CONCRETE MONUMENT; THENCE N. 84° 24' 48" E., 32.50 FEET TO A CONCRETE MONUMENT; N. 6° 16' 59" W., 29.43 FEET TO A CONCRETE MONUMENT; THENCE S. 84° 06' 16" W., 32.31 FEET TO A CONCRETE MONUMENT ON A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET; THENCE ALONG THE SAID CURVE TO THE LEFT AN ARC LENGTH OF 267.49 FEET TO AN IRON PIN AT ITS Page 5 109569936v6 INTERSECTION WITH THE AFOREMENTIONED SOUTHERN LINE OF THE CITY OF VIRGINIA BEACH PARCEL; THENCE LEAVING SAID ROAD RIGHT OF WAY LINE AND RUNNING ALONG THE SAID SOUTHERN LINE N. 79° 48' 26" E., 559.08 FEET TO THE PLACE OF BEGINNING, CONTAINING 711,474 SQ. FT OR 16.3332 ACRES, MORE OR LESS. SAID PROPERTY BEING DESCRIBED WITH REFERENCE TO A CERTAIN PLAT OF SURVEY ENTITLED "BOUNDARY SURVEY OF A PARCEL OF LAND IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, PRESENTLY OWNED BY MARINA SHORES ASSOCIATES ONE, LIMITED PARTNERSHIP", WHICH BOUNDARY SURVEY IS DATED JULY 27, 1988 AND RECORDED IN MAP BOOK 204,PAGE 85. BEING THE SAME PROPERTY CONVEYED TO BBR/MARINA SHORES, LLC,BY DEED FROM BABCOCK & BROWN RESIDENTIAL OPERATING PARTNERSHIP. L.P., DATED FEBRUARY 28, 2007 AND RECORDED MARCH 26, 2007, IN THE CLERK'S OFFICE, CIRCUIT COURT, CITY OF VIRGINIA BEACH, VIRGINIA, IN INSTRUMENT NO. 20070326000396120. BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A STEEL PIN FOUND AT THE INTERSECTION OF THE SOUTHERN LINE OF A PARCEL OWNED NOW OR FORMERLY BY THE CITY OF VIRGINIA BEACH AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK 908, AT PAGE 249 WITH THE WESTERN LINE OF CAPE STORY BY THE SEA PLAT NO.2 AS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 32 AT PAGE 8-A; THENCE LEAVING SAID CITY PARCEL AND RUNNING ALONG THE SAID WESTERN LINE S13°06'30"E 1112.63 FEET TO A STEEL PIN SET ON THE NORTHERN RIGHT-OF-WAY LINE OF LYNNHAVEN DRIVE; THENCE RUNNING ALONG SAID RIGHT OF WAY OF LYNNHAVEN DRIVE THE FOLLOWING 4 COURSES; 1)ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 118.00 FEET, AND ARC LENGTH OF 21.22 FEET, A CHORD BEARING OF S71°39'07"W AND A CHORD LENGTH OF 21.19 FEET TO A STEEL PIN SET; 2) S76°48'16"W, 116.28 FEET TO A DRILL HOLE FOUND; 3) WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 2,305.98 FEET, AN ARC LENGTH OF 296.37 FEET, A CHORD BEARING OF S80°29'29"W AND A CHORD DISTANCE OF 296.17 FEET TO A DRILL HOLE SET; 4) S84°10'06"W 327.57 FEET TO A POINT, BEING THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF RELOCATED GREAT NECK ROAD AS SHOWN ON VIRGINIA DEPARTMENT OF TRANSPORTATION PROJECT NO. U000-134-108, R/W-201 AND RECORDED IN SAID CLERK'S OFFICE OF THE CIRCUIT COURT IN THE CITY OF VIRGINIA BEACH IN DEED BOOK 2265 AT PAGE 536 AND SAID LYNNHAVEN DRIVE; THENCE LEAVING SAID LYNNHAVEN DRIVE AND RUNNING ALONG THE SAID EASTERN RIGHT-OF-WAY OF RELOCATED GREAT NECK ROAD THE FOLLOWING 10 COURSES; 1) NO2°42'37"E, 61.25 FEET TO A VDOT MONUMENT FOUND; 2) S86°54'12"E, 14.50 FEET TO A VDOT MONUMENT FOUND; 3)NO2°22'09"E, 8.97 FEET TO A VDOT MONUMENT FOUND; 4) N87°16'32"W 14.50 FEET TO A VDOT Page 6 109569936v6 MONUMENT; 5) NO2°42'37"E 55.67 FEET TO A VDOT MONUMENT FOUND; 6) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET, AN ARC LENGTH OF 681.23 FEET, A CHORD BEARING OF N01°31'53"W AND A CHORD LENGTH OF 680.62 FEET TO A VDOT MONUMENT FOUND; 7) N84°24'48"E, 32.50 FEET TO A POINT; 8) N06°16'59"W, 29.43 FEET TO A POINT; 9) S84°06'16"W 32.31 FEET TO A VDOT MONUMENT FOUND; 10) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4,643.16 FEET, AN ARC LENGTH OF 267.49 FEET, A CHORD BEARING OF N07°44'45"W AND A CHORD LENGTH OF 267.46 FEET TO A STEEL PIN FOUND, BEING THE INTERSECTION OF THE AFOREMENTIONED SOUTHERN LINE OF THE CITY OF VIRGINIA BEACH PARCEL AND THE AFOREMENTIONED EASTERN RIGHT-OF-WAY LINE OF RELOCATED GREAT NECK ROAD; THENCE LEAVING SAID ROAD RIGHTOF-WAY LINE AND RUNNING ALONG THE SOUTHERN LINE OF THE CITY OF VIRGINIA BEACH PARCEL N79°48'26"E, 559.08 FEET TO THE POINT OF BEGINNING, CONTAINING 711,474 SQ. FT. OR 16.3332 ACRES, MORE OR LESS. SAID PROPERTY BEING DESCRIBED WITH REFERENCE TO A CERTAIN PLAT OF SURVEY ENTITLED "BOUNDARY SURVEY OF A PARCEL OF LAND IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA PRESENTLY OWNED BY MARINA SHORES ASSOCIATES ONE, LIMITED PARTNERSHIP", WHICH BOUNDARY SURVEY IS DATED JULY 27, 1988 AND RECORDED IN MAP BOOK 204, PAGE 85. Page 7 109569936v6 Item # 6 MS Virginia Beach, LLC [Applicant & Property Owner] Modification of Proffers 2257 Willow Oak Circle February 10, 2021 RECOMMENDED FOR APPROVAL—HEARD Mr. Dao: Yes, sir. Item number six is the application of MS Virginia Beach, LLC. Rob Beaman is the applicant's representative. Mr. Beaman, please start your comments and you have 10 minutes. Mr. Beaman: Hi, can everybody hear me. Mr. Dao: Yes, sir. Mr. Beaman: Thank you very much. Mr. Chairman, Mr.Vice Chair, Members of the Commission for the record. My name is Rob Beaman I am a local land use attorney at Troutman Pepper Law Firms, here today on behalf of the applicant MS Virginia Beach, LLC. This application involves existing Marina Shores apartments located at the intersection. Mr. Weiner: Mr. Beaman, can we stop for just a minute, we can barely hear you. Mr. Redmond:Yeah, he sat closer to that telephone. Mr. Beaman: Thank you. I apologize for all these audio challenges. Just to pick up where I left off this application involves the existing Marina Shores apartments at the intersection of Great Neck Road and Lynnhaven Drive, which were originally developed back in the late 1980s. The site currently has tennis courts located in the southwestern corner of the property that are rarely utilized by the current tenants. Because of the significant demand and the popularity of the complex, the applicant utilizes portion of the site for an additional residential building. The applicant proposes a single additional building containing 49 units that would be designed to closely match the existing buildings in the development from the style, colors, and materials. It is important to know that even with the addition of the proposed building the site will still remain well under the permitted density and impervious area requirements under the applicable zoning classification. Another key component that I wanted to mention of this project is that, in addition to providing parking for the proposed new building this project, we are also adding additional parking throughout the apartment complex to bring it into conformance with the current code regulations since it was built back in the 1980s. It is currently nonconforming with respect to parking and this project will help address that. The applicant worked closely with the Bayfront Advisory Commission and its design review committee on this application. We have met with those folks twice and we 1 appreciate the time they spent with us and the comments we received during that process. As Jonathan mentioned during the informal session, the applicant made several significant changes to its plans in response to comments received from the Bayfront Advisory Commission (BAC), one of those involved increasing the building setbacks along the intersection of Great Neck and Lynnhaven, so, that more of the existing mature tree stand along Great Neck could be saved. That tree save areas shown on the landscape plan that we submitted with our application. And, also BAC we met with them and then I shared with Mr. Inman earlier today. And, I do not know if Hoa and Jonathan had that exhibit available. I emailed it to him between the informal and the formal just to make sure they had that. But, generally it shows that the applicant intends to save nearly all of the existing trees along Great Neck. There are a couple as you can kind of see on this exhibit where they get pretty close to the limits of clearing for the parking area and, so, there are a couple trees that whether or not they can be saved depend on final engineering, but the majority of those along Great Neck will be saved. Finally, we understand the Planning Department has received a couple of notes from several folks over the last several days expressing general concerns about the existing traffic at the intersection of Great Neck and Lynnhaven. Regarding the traffic, I think it is important to note that is reflected in the Staff report,the proposed building will generate a very low amount of additional traffic, which I understand does not meet the City's threshold for a traffic study here. Additionally, as Jonathan pointed out during the informal session, we understand that Traffic Engineering Department had a chance to review this application, and did not have any concerns that they expressed to the Planning Staff. Summary, the proposed building has been designed to be compatible with the surrounding land uses and the existing apartment complex and has received a positive recommendation from both Planning Staff and the Bayfront Advisory Commission. We certainly appreciate your time and consideration this application and will standby for questions. Mr. Weiner: Thank you Mr. Beaman. Does anybody have any questions for Mr. Beaman? No, questions? Alright. Hoa. Mr. Dao: We have one speaker for this item. Mr. Solomon. Mr. Weiner: I am sorry, hold on a second, somebody has a question. Mr. Wall: Hey, David, this is Jack. Mr. Weiner: I am sorry, Jack, I did not see you. Mr. Wall: I do have a question. Mr. Beaman, can you describe the landscaping plan?So,the trees that are on Lynnhaven Road, I guess those are going to be taken down, is that correct? Because I think there is an existing stand of trees along the roadway. Mr. Beaman: There are a couple that we believe we can save there. But, you see the geometry is a little bit difficult, more difficult along Lynnhaven Road, there is an internal 2 roadway that kind of bends around the eastern side of the new building and forces that corner in the parking area further towards Lynnhaven. We have a full 30-foot setback off of the road, but we do need parking there. So, there will be a couple of trees that need to come down there. Mr. Wall: So, those trees aren't in the right of way, those are actually on the property of Marina Shores? Mr. Beaman: Yes, sir. Mr. Wall: Okay. Thank you. I just want to say one of the comments from one of the letters was that these apartments are going to be overlooking the existing homes on the other side of Lynnhaven Drive. I guess the street trees that are proposed, over time, will grow up and need to provide screening in that case. Mr. Beaman: Yes, sir. That is correct. And, the other thing I wanted to point out, you will see at the corner on this landscape plan, there is a broad area above that concept plan schedule, that is a city pump station, so, the entirety of that area of the property is not occupied by homes and that is a considerable amount of the space directly across. The only other thing I will point out is this building should be identical in scale to the one just to the south of it. So, the same type of building, same scale, yes sir. Mr. Wall: Okay, thank you. Mr. Beaman: Thank you. Mr. Weiner: Any more questions? Alright, Hoa. Mr. Dao: We have one speaker on this item,Todd Solomon. Mr. Solomon, please start your comments. You have three minutes. Mr. Solomon: Thank you, Commissioner Wiener and Commission Members again. Mr. Dao: Mr. Solomon, your microphone is really low. Can you speak louder, please? Mr. Solomon: So, the first issue I have is with the Staff report mentioning that the Shore Drive Community Coalition had no concerns in regards to this project. We did present or we did question at the BAC's meeting. These two specific concerns that I am going to talk about here, so, I think you need to change that or at least have a better idea when your says Staff reports that. The first item of concern that we brought up is the traffic impact. I know traffic studies or traffic engineering said they had no issues. I mean, their evaluation was the volume that is on North Great Neck Road and that is not a concern, obviously more cars and 400 trips per day is a drop in the bucket. But, the question there is the intersection and the fact that it is a bad intersection,that we have historically stated is a bad intersection. Planning Commission and City Council have approved The Pearl which is 200 and some plus apartments, you are doing another 50 apartments here, along with Long 3 Creek Cove, Marina Shores Apartments, and then across the street The Arbors, you are talking potentially 6,000 or 7,000 trips per day at that intersection. And, yet we haven't seen a study from the city and traffic study done. We do not know what the limit is, you can say it's not at limit, but there is no limit produced. So, we would ask that you do a limit study on that because as you keep increasing densities,at some point it is going to trip and we do not know what it is and it makes no sense to us, so, that is one issue. And, the second one is, the density the increased density, we understand that you are approving densities, spot zoning, you have done Westminster Canterbury at 255%. You have done Windsong at 58%. We understand the way you guys are it is now open season for increased densities through the Planning Commission and City Council. The difference on this one is that now you are going to violate proffers. So, the Pandora's Box proffers we are interested to see if you approve this does that mean proffers are worthless, they are meaningless. If one Council and one Planning Commission approves a proffer the next ones that come in, or even the same ones, if they change your minds, or if you are pro-density, who cares about a proffer, it sounds like that is what is going to happen on this one. This thing was proffered back at 24 units, even though it could technically be 36 units per acre, but they proffered it. So, it is a restriction they put on themselves. So, granted now, they are going to 49 units from 60. I mean, anything above zero above that proffer is good for them, it is extra profit for them. So, it will be interesting to see how you guys proceed with this and is it going to be open season for everywhere else in the city with proffers. Are they meaningless? Is it just whatever the developer comes in and shows you that there is an increase in potential profits for the city, and you are going to bow down to that? So,that is what we are waiting to see. It granted, you know, 60 units is just a drop in the bucket when you just approved the 255% Westminster Canterbury. But, when you stack all these things together, it is a bad trend and that is our issue on this project along with all the other ones. And, another one in the pipeline is Marlin Bay, so,we will wait to see how you all proceed on this and thank you for your attention. Mr. Weiner: Thank you, Mr. Solomon. Anybody, have any questions for Mr. Solomon? Okay, thank you. That is all the speakers, Hoa. Mr. Dao: Yes, sir, that is all the speakers we have on this item. Mr. Weiner: Alright, Mr. Beaman, do you have any rebuttal you'd like to talk about. Mr. Beaman: Thank you. Just a couple of quick comments, with respect to the Modification of Proffers, this site was originally proffered back in 1987. So, approximately 35 years ago and certainly the city has a Modification of Proffers application that goes through Planning and City Council for situations like this where things change over time. With respect to traffic, as is mentioned in the Staff report this really is a minimal traffic generator with just 49 units. It is approximately 350 trips together coming and going per day over a 24-hour period and split over two access points. 4 So, it really will be a de-minimis amount of traffic. So, those are the two things that I wanted to point out. Mr. Weiner: Thank you, sir. Any questions for Mr. Beaman? No questions. That is all of our speakers. We are going to close this and open it up. Mr. Graham. Mr. Graham: Thank you, Mr. Chairman. Obviously, we do change proffers from time-to-time, sometimes the proffers that were made recently, sometimes the proffers that were there were made like this, years ago. I do not disagree with Mr. Solomon, I mean, I think that intersection it is a little tricky of an intersection. I think The Pearl dealt with it as well in discussions. But, I think you do see the traffic that is coming off of the bridge there as it is heading north on Great Neck Road that sometimes people do speed up when they are going down. I have lived within walking distance of this property and there is hardly anybody ever playing tennis over there and there are certainly other places to play tennis. It is a very sought after area and it is why I live over here. It is why Mr. Solomon lives over here. It is why this developer wants to add more units to this property. I like what it is going to look like, I like that it is going to be consistent. We have got capacity in the schools, and it is really not going to add any students and it is sometimes is an issue, but in this case, it is really not, 49 units we are going from 24 units to 27 units per acre. It certainly could have been a lot more a long time ago. I am happy that the applicant worked with the Bayfront Advisory Board and took their comments and actually they made changes that I think are beneficial to the property to the community and I support this project, I think it is going to be attractive, it is a great use. Quite frankly, it is an underutilized piece of the property. They are adding parking spaces, which I think is very beneficial. My understanding is with water retention, I know there is already ponds over there. There is no water retention issue. I am going to support this project, so, nothing further. Mr. Weiner: Okay. Robyn, I am sorry go ahead. Ms. Klein: This question may be for Mr. Tajan, if three different applications are brought forward for three different sites in a similar area, does a traffic consideration take into account just that application or does it also include the fact that there are other applications or construction in the area. Mr. Tajan: Thank you, Ms. Klein. That is a very good question. So, when these reviews are done for anything that has been approved, that has the potential impact, those do get looked at now. Ric Lowman our City Traffic Engineer has noted that the study that we have done in time previously did not warrant any signalized improvements of this intersection. But, he has been reviewing each of these as they come through the review process to see if these impacts cause any larger impacts to the system. However,that being said, The City has committed Traffic Engineering and Public Works to doing a study, reflecting the current development here and seeing if it warrants for The City to install a traffic signal at this location. And, that 5 information was shared with the Bayfront Advisory Commission, I believe in the fall when Public Works was at their meeting last. Ms. Klein: Okay, so, The City is conducting that study separate from this applicant. Mr. Tajan: That is correct. Ms. Klein: Thank you. Mr. Weiner: Mr. Redmond. Mr. Redmond: But to be clear, I do not think this required a traffic study, that the traffic in addition was essentially nonexistent with this project. And, I think this is a fairly inconsequential application, it is a piece of private property with tennis courts on it. Tennis courts are underutilized if used virtually at all and this is the same kind of development that is on the site today. So, this term spot zoning got thrown out rather casually, this is anything but spot zoning. This is residential development adjacent to residential development in a place where it makes sense. I want to make one point to that Mr. Solomon kind of touched a nerve with and there is a lot of this kind of development all over Virginia Beach. Shelter is one of the human species' greatest needs and when you see this much demand for this kind of product type, it means within our community there are a lot of people who need better places to live. And, so no, we do not just turn our backs on the fact that people need more and better places to live. When they get leased up as quickly as these kinds of projects do, it means there is a very serious organic need for housing in our city. I am going to repeat that there is a very serious organic need for housing in our community. That is why there is so much pressure on this type of product type, I had been hearing for 20 years that the very next project was going to cause the entire Shore Drive Corridor to collapse, right. In rubble and fire, and disease and pestilence, it was all going to go away, it was all just going to be so horrible. And, it is never been richer, it is never been in greater demand. And, so, the whole sky is falling scenario, I just do not see it. This is a very important need within our community housing. And, when we see high quality housing that is proposed, which this is, in my view and unless there is something wrong with it, we ought to hurry to press the button that says yes, because we certainly need it as a community. So, I am certainly going to support a motion if Whitney chooses to make one to support this application. Thank you. Mr. Weiner: Thank you. Mr. Wall. Mr. Wall: I do not know if anybody can answer this, but in 1987 for this, the proffers, what was the basis for, was that self-imposed or was that approved by the City on that property for the proffers. Mr. Tajan: I will be honest with you Mr. Wall, I do not believe we know the negotiation process at that time. Typically,what happens in these proffers, because the applicant does 6 provide them to us, more than likely reflected what they were proposing at the time, rather than there being a cap on themselves. Mr. Wall: Okay, thank you. Mr. Inman: Mr. Chairman. Mr. Weiner: Yes, go ahead. Mr. Inman: I just got to tell you, I do not know how to raise my hand on this device that I am using. So, first thing I got a question on proffer number one, really just kind of curious if it eliminates a proffer number one from the original proffers and that proffer was to use that the property will be developed in compliance with certain paragraphs of the urban best management practices handbook. So, shall I correctly presume that handbook no longer exists, is that right. This is fair question. Mr. Tajan: That is correct, Mr. Inman. Mr. Inman: Okay. Alright, I want to acknowledge Mr. Solomon, I hear what he is saying, unlike Mr. Redmond's comments, I have a concern about what's going on in the Shore Drive corridor, I think my vote will reflect it would have been anyway, I cannot really talk about it. Okay. So, there is a lot of things going on that do concern me, this particular application does not and I am thankful that the applicant was willing to work to reduce the scale of the building and to save the existing trees, at least of nearly all of them, I think will be saved along Great Neck Road and consequently, I think this is a reasonable application should be passing and I will support it. Mr. Weiner: Thank you, sir. Mr. Graham, go ahead. Mr. Graham: I just want to piggyback on what Commissioner Wall, what he was talking about with the proffers and the time period. I think that part and I do not know, I was not there then. When I was a kid, I lived here in Virginia Beach, but my guess is there really was not as much demand in this area as in kind of piggybacking on what Mr. Redmond said. There is tremendous amount of demand that people want to live in the Shore Drive Corridor, it is a great place to live. To me this is a building that is going to be very consistent with the rest of the project. Anyway, are there any other Commissioners that have anything else? Mr. Weiner: Any other comments? Anybody? No, it is on you, Mr. Graham. Mr. Graham: I would like to make a motion to approve this application. Mr. Weiner: Alright, do we have a second. Mr. Redmond: I will second. 7 Mr. Weiner: Second by Mr. Redmond. We have a motion to approve by Mr. Graham, second by Mr. Redmond. We are ready for the vote. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair, Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda item six has been recommended for approval. 8 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of proffers. Proffer 1: To the extent applicable to the Property, Proffer Number 1 of the Original Proffers is hereby deleted in its entirety. Proffer 2: The last sentence of Proffer Number 4 of the Original Proffers is hereby deleted and replaced with the following: "All structures constructed on Parcel 1-D shall be subject to a maximum height limit of sixty-five (65)feet, and the density shall not exceed four-hundred forty-one (441) units." Proffer 3: The following is hereby added as Proffer Number 8 to the Original Proffers, and shall apply only to the Property: "The structure located in the southwestern corner of the Property, when developed, shall be developed in substantial conformity with the conceptual site plan entitled 'Marina Shores Expansion', dated August 31, 2020, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning." Proffer 4: The following is hereby added as Proffer Number 9 to the Original Proffers, and shall apply only to the Property: "The quality of architectural design and materials of the multifamily residential buildings constructed in the southwest corner of the Property, when developed, shall be in substantial conformity with the exhibit consisting of two (2) sheets, prepared by Cox, Kliewer& Company, P.C., entitled 'Marina Shores', and dated November 27, 2020 (the "Elevations"), a copy of which 9 is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council." Proffer 5: The following is hereby added as Proffer Number 10 to the Original Proffers, and shall apply only to the Property: "Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled 'Marina Shores Apartment Expansion, Conceptual Planting Plan', and dated August 31, 2020 (the 'Landscape Plan'), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review." Proffer 6: Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. The Original Proffers shall remain in effect in their entirety and are unchanged by this Agreement with respect to the remainder of the Property. 10 Hoa N. Dao From: Susan <shflavin@hotmail.com> Sent: Tuesday, February 9, 2021 2:19 PM To: Hoa N. Dao Subject: Modification of Proffers 2257 Willow Oak Circle 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. This is to express my strong opposition to the change in density request for this property. My property at 2217 Beech Street backs up to the Mariana Shores Apartments. This addition will put more traffic on Lynnhaven Drive, N Great Neck Road and set a precedent for increased density. As a 36 year property owner and resident I strongly oppose the increased density and "condoing/apartmenting of the Shore Drive, N Great Neck area. If I wanted to live in a high density area I could move to the Oceanfront, Town Center or off Holland Road or numerouse other places in Va Beach. Our communities' wishes have been ignored with Westminister Canterbury expansion, Short term rental overlay, and going back years to the original building of Mariana Shores Apartments. I vote and follow who is and who isn't working for the residents of Cape Story. Sincerely Susan H Flavin SHORE DRIVE COMMUNITY COALITION M! 2260 First Landing Lane Virginia Beach, VA 23451 February 8, 2021, Subject: Planning Commission Agenda Item #6— Ms. Virginia request to increase proffer density to construct an additional 49 apartments at Marina Shores. Dear Planning Commission Members, The Shore Drive Community Coalition has two specific concerns regarding the subject application. These concerns are on record and were identified to the Bayfront Advisory Commission at their November 19, 2020 meeting. The staff report identifying that the SDCC had no concerns is incorrect and needs to be changed. The first item of concern is the potential traffic impact resulting from the additional 400 car trips this development will create. The staff report indicates the additional 400 trips will not be a problem for the capacity of North Great Neck Road. The capacity of N. Great Neck is not the issue. The intersection of Lynnhaven Drive and N. Great Neck Road is the potential danger area. The SDCC requests that the City perform a traffic study of this intersection. The Planning Commission and City Council have approved development in this area without verifying the combined impact that The Pearl apartments, Marina Shores apartments, Long Creek Cove, Cape Henry Arbors and Marina Shores Shops have on this dangerous intersection. Engineering book calculations need to be confirmed by field traffic counts and accident data reports to determine if the approval of this project will warrant a traffic light at the intersection. If a light isn't warranted, then the analysis needs to identify a number at which it will be. This information will be helpful in reviewing future density increase applications. The second item of concern is the potential precedent setting decision this project will create by ignoring existing proffers that restrict density. Existing proffers limit the density of Marina Shores to 24 units/acre. Since this is a self-imposed hardship, approval of this application will allow proffered developments throughout the entire City to apply for random density increases using profit as the justification. This is a path that the Planning Commission and City Council have already started down with the approval of Westminster Canterbury's 255% density increase and Windsong Apartment increase of 55%. Either a line has to be drawn to stop this process or an ordinance needs to be created stating that spot zoning density increases are the new acceptable method for the City and a defined method for approval needs to be vetted by the Planning Commission, City Council and citizens. Thank you for your consideration of this request. If you have any questions, I can be reached at 667- 8533 Cell or todd@sdcc.info Sincerely, Told R. 50/441,04 Todd R. Solomon Shore Drive Community Coalition, President From: joseoh brown To: Bob M. Dyer;Jonathan D.Sanders Subject: 2257 willow oak cir,VB,VA. Date: Friday, February 5,2021 10:04:13 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. pin 1400 493656 I object to the increase in density for this property for two reasons first is when previous planning commissions approved this project they took in consideration the tennis court area to be green area for area residents public welfare . thus passed approval for the project in its entirety ,not just based on units per square foot „to go back and undo the overall city engineering „public and political representation at that time is not right .the second reason this is a very bad project is the tremendous recent pressure this intersection is now under from the new Pearl apartments at the corner where these new apartments are proposed . there is a terrible traffic problem now and the Pearl apartments are only 1/3 rented . . someone is going to get hurt very badly at this Great neck rd.@Lynnhaven dr. intersection .Its totally dangerous at peak hours.This is a serious problem that should be looked at by planning immediately. thank you,,,J.C.Brown,Jr. From: Linda and Ed To: Jonathan 0.Sanders Subject: 2257 Willow Oak Circle; GPIN 1499493656 Date: Thursday,February 4,2021 8:01:12 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. Good morning, I am writing concerning the above application. I am curious to know if this application in any form asked for a stop light at Great Neck and Lynnhaven. The traffic already is a mess there with cars attempting to turn from Lynnhaven onto Great Neck. I worry now with additional housing,which means more vehicles,if in fact we need to do something with that intersection. Already,cars drive too fast and it needs to be adjusted. I am hoping that any decision to add additional housing would require a traffic study. Can you please provide any information? Thank you for your time. Linda Logan 2325 Cape Arbor Drive Members of City Council Members of the Planning Commission 2875 Sabre St. Suite 500 Virginia Beach,VA 23452 RE: MS Virginia Beach, LLC Modification of Proffers February 6, 2021 Dear Planning Commission and City Council We are residents of the Cape Arbors community and recently received notification of the Planning Commission meeting to be held on Wednesday February 10th at 12pm regarding the Modification of Proffers for the above referenced applicant. We are very concerned about the possible approval of this change and the negative effects it will have on the quality of life and safety for ourselves and nearby residents. We have been residents of Virginia Beach since 2004 and this neighborhood specifically since 2010. Our decision to purchase in this neighborhood was based on quality of life, nearby access to parks and recreation and the general sense of this being a residential area at capacity but not saturated. Over the years, we have noticed a significant increase in traffic, noise and pollution, both in sound and debris. We also remain concerned about the newly developed Pearl apartments which add a significate amount of residential housing.The influx of these additional developments has caused a significant impact on traffic and congestion. We are concerned there is not a traffic signal installed at the intersection of Lynnhaven Drive and Great Neck Blvd. and we understand there are not any plans to do so in the future.This neighborhood is at its saturation point and cannot tolerate any more residential development without the risk of life and human safety. We understand that decisions can be difficult at times but as long time supporters of Virginia Beach government and City Council, we encourage and request you make the right decision and deny this applicants request on the basis of safety, quality of life and property value. Thank you for your time and consideration. Sincerely, James and Tamara Simonds 2232 Cape Arbor Drive Virginia Beach, VA 23451 Hoa N. Dao From: Evelyn Willis <evylwillis@gmail.com> Sent: Saturday, February 6, 2021 8:10 PM To: Hoa N. Dao Subject: MS Virginia Beach, LLC (applicant and property owner) 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 am Strongly opposed to the request to build a three-story building over ground level parking to house 49 apartment units?1!11 I am a resident in The Arbors at Cape Henry...In the last year Ballyhoos has expanded their establishment and The Pearl Apt complex has been built...This has increased traffic and congestion around my neighborhood as well and increased traffic down Great Neck RD.. A young girl who was in a car accident 2 years ago on Great Neck road is still in a coma...My point being the increase traffic on Great Neck ( especially near a school) will make it more dangerous for drivers and pedestrians ..The intersection of Lynnhaven rd and Great Neck has increased traffic as it is , this will add to the congestion... The wildlife that surrounds this area will also be at risk by destroying their habitat...due to the location of this building. As a home owne,r this apartment complex in addition to The Pearl will surely decrease property values.... If I were a parent with children it would be very upsetting to have this apt complex next to the school which will increase traffic and impact safety for the children.. It seems VA Beach is turning its city into a slab of cement...no concern for environmental preservation or aesthetics... When I moved into the Arbors 20 years ago Shore Dr and Great Neck where beautiful safe places to live....That has changed for the worse.... Thank you for your time Evelyn Willis Hoa N. Dao From: Adam Ford <adamjford@me.com> Sent: Saturday, February 6, 2021 8:45 PM To: Hoa N. Dao Subject: MS Virginia Beach, LLC @ 2257 Willow Oak Circle 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, As a neighboring property owner, I am writing in opposition to the construction of the three-story building at 2257 Willow Oak Circle. I am unable to attend the meeting on 02/10/2021 due to work engagements. To allow another apartment building to go up at Marina Shores would be unsightly and unsafe. The intersection of Great Neck and Lynnhaven Drive has become extremely dangerous due to the increased population density associated with The Pearl apartments. The increased number of motorists, pedestrians and cyclists in and out of this neighborhood while only having a singular intersection to access Great Neck is a cause for disaster. On a daily basis I see near accidents, cyclists needing to avoid being hit by cars pulling into the intersection to try to turn into traffic and by those turning onto Lynnhaven Dr. from Great Neck. There is already not enough parking at Marina Shores Apartments to facilitate their current tenants. Lynnhaven Drive is littered with vehicles from Marina Shores residents, adding to the increasing dangerous conditions of the Lynnhaven Drive and Great Neck Rd intersection. Even if Marina Shores Apartments was able to accommodate additional parking for 49 units, the placement of a building that close to the intersection again raises cause for concern as motorists will have one more additional barrier and risk while turning North or South onto Great Neck. Also, it's already a challenge for first responders to access The Pearl, Long Creek Cove and Marina Shores. Adding another building and the obstruction associated with the construction that comes along with it will only make this worse. There may be the demand for the rental market to expand in Virginia Beach and I hope it does. I hope the owner of MS Virginia Beach, LLC continues to be successful. But from a strain on this area of Virginia Beach and more importantly the safety of the residents already living at Marina Shores, The Pearl and at Long Creek Cove - this construction cannot happen. Just like The Pearl approval, I suspect that money will talk and the planning commission will bend over for Gayle. But this construction will not add value to our community and only make it more dangerous for those living there now. The fault of the next major accident and death at this intersection will be on the City of Virginia Beach. I urge the Planning Commission to do their due diligence before seriously considering this. The answer is clear that this should not be approved. Respectfully, Adam Ford 2 From: )ohn Gav To: Hoa N.Dao;Jonathan D.Sanders Subject: PCLtr 00000124; Public Hearing 10 Feb 2021 IRT MS Virginia Beach,LLC Application to Build New Apartments Date: Monday, February 1,2021 3:16:54 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. To whom it may concern, I am writing this email in response to the above subject letter notification. I received this in the mail today regarding the proposed development of a new 3-4 story apartment building in Marina Shores Apartments by MS Virginia Beach, LLC in place of their existing tennis court. Bottom line up front; I VEHEMENTLY OPPOSE IT! My house is situated at 2153 Marina Shores Drive in the Long Creek Cove(LCC) community. It lies directly across the street from the current tennis court. If(or should I say when)these new apartments go up it will be a travesty both personally and in my opinion to the community as a whole. I say"when"because it's been my observation that the City of VB rarely denies any request that will result in the generation of additional tax revenue for them, and the building of these new apartments is inevitable. Regardless of the impacts to the citizens who are most effected. Cases in point are the new Pearl Apartments on the back side of LCC which have in my opinion has negatively affected LCC. I will lose what little privacy I have left as these new apartments would directly overlook my back yard. My privacy and quality of life here has slowly degraded since moving here in 2008. With the addition of the new Pearl Apartments there is a never ending stream of cars (and people on foot)coming in and out of our neighborhood using the only road that was made available to them by the city(Marina Shores Drive). For the last 2 years it has been dump truck, cement truck, construction vehicles, etc.non-stop. Now its POV's speeding through LCC like a revolving door. The Pearl vehicle traffic, combined with the traffic already coming from the Marina Shores Apartments,then added to the everyday commuters who travel Great Neck and the situation at the intersection of Great Neck Rd and Lynnhaven road is a nightmare. Cars stacked up bumper to bumper in every direction, squealing tires,honking horns,near misses and quite a few hits. And still no Stop Light? And if a stop light does go up how much will it back the traffic up even more? Additionally,there must not be enough parking for the tenants of the Marina Apartments as it is since quite frequently a lot of them park out on Lynnhaven road. So I wonder,how long will it take to build these new apartments, 1-2 years? Where will all the construction vehicles park during the build? My guess is right behind my back fence on Lynnhaven road making the traffic situation even worse. I ask you; how many people can the city pack into one location and still maintain a decent quality of life for the people who already live there? Or again, is it all just about making more money for someone? ti o UV°.--\.0 , :Ir I vs< , 0 a .`0'•o ♦4 ,2 KO. ''' '' :14- 4* ® Nff / M` O ® ® ©0 s I\,...._,/ , ‘ o0 [:::] ,O ° \- \/ . 0j� o Z/ 4 * A *O"' ° \ 1r I 4 % ' / \ 0 0 ., �/ <>° k i ‘+` 40 4/6/ C.) cis >/,' * ,, s ,6 N x , 44 \* , N., 4= AC -Its‘\/ li 0 44).4 \ # ' CU as �; N ,�� �/ < �, C..) • U \r,•_, .*) , , \ CD- , fe ‘, / <).: '4 r '\V 74 O �� b `j d ° � N\ , iNY , ly yoV //,,,/,:,\... \\,/, Isw No* ‹),„, \ ,„,,,,o,„- * <:), o, .., cn i&\' 711\ ' `PGA ,-,/, .\ :010) Q . sf7 .6\ LL % \\,,,,y o Q, o 01 > <-\/:/>, 0 A 0 . rik\ ,,,k \/ O i 0 4.-- </i \ o AO r \ Q 4 / ,„\\ /,, , , ), . wi N/o o\ Qlf o �\ Qj N 1•aI t' ` o o * , m o Q�� � a) c\ \ • — z0\° / . /j \%coo r'\ ',i Q \ > • /\\ '41 \/.s( 4/ 0, / //tt Z>... /7" \\#101 Al 10 ' I // /1.6 K . -.10 \ #01'07 4(x.r : 0- — -0 re CD a \ 0 N".0 L.* \ LC) 0 0 0 h, \`h f��I' % ��' 7 ,fg, Tip, w:� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIRST CHINESE BAPTIST CHURCH [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Additions to church) for the property located at 228 Pritchard Road (GPINs 1497227432, 1497229425). COUNCIL DISTRICT — BEACH MEETING DATE: March 16, 2021 • Background: A Conditional Use Permit for a Religious Use on this site was approved by City Council in 1961 and then subsequently modified for additions to the building and parking lot expansion in 1985 and 1995, respectively. The church is now requesting to demolish the 2,700 square foot wing of the building along Pritchard Road and replace it with a one-story, 4,600 square foot addition with a main gathering space with 207 seats, office space, bathrooms, and classrooms. Based on this, a modification to the existing Conditional Use Permit is required. When complete, the total size of the church building will be 7,877 square feet. The submitted elevations of the proposed addition depict a mix of brick, cement fiberboard siding and window trim, EIFS, and architectural grade shingles. The existing parking lot has 53 parking spaces, thereby exceeding the minimum parking requirement of 42 spaces. • Considerations: According to the applicant, the proposed redevelopment of the building will expand meeting capacity and enhance efficiency of operations. The existing building encroaches 10.42 feet into the front yard setback along Pritchard Road. The proposed addition will encroach 1.31 feet into the setback along Pritchard Road, thus reducing the degree of non-conformity. Additionally, two new porches are proposed to encroach approximately six feet into the 20-foot side yard setback. This encroachment is also a reduction into the setback and thereby a reduction of the existing non-conformity by approximately nine feet. Finally, a new landing and stairs that will provide ingress and egress for the building are also proposed within the required 20-foot side yard setback. Per Section 221(i) of the Zoning Ordinance, the City Council may approve these deviations. Staff's position, and the Planning Commission agreed, that all deviations are minimal in scope and will not detract from the design or scale of the proposal. First Chinese Baptist Church Page 2 of 3 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On March 16, 2021, the Planning Commission placed this request on the consent agenda, passing a motion to recommend approval with a vote of 10-0. 1 . All conditions attached to the Conditional Use Permit (Parking Lot Expansion) granted for the Church in 1995 are hereby deleted and superseded by the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Site Improvements Plan", dated 1/27/2021 and prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "First Chinese Baptist Church", dated June 25, 2020 and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. 5. The existing freestanding sign fronting Pritchard Road shall be removed from the right-of-way. 6. Signage for the Religious Use permitted includes the sign proposed on the front facade as depicted on the elevations entitled, "First Chinese Baptist Church", dated June 25, 2020 and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 7. The proposed addition shall be located no closer than 28.69 feet from the Pritchard Road front property line as depicted on the exhibit entitled, "Site Improvements Plan", dated 1/27/2021 and prepared by John Sandow Engineering, LLC. This location is a deviation to the 30-foot front setback required by the Zoning Ordinance. 8. The proposed addition's porch, steps and railings shall be located no closer than 14.13 feet from the southern side yard property line as depicted on the exhibit entitled, "Site Improvements Plan", dated 1/27/2021 and prepared by First Chinese Baptist Church Page 3 of 3 John Sandow Engineering, LLC. This is a deviation to the 20-foot side yard setback required by the Zoning Ordinance. • Attachments: Staff Report & Disclosure Statements Location Map Minutes of Planning Commission Public Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. / Submitting Department/Agency: Planning Department 0 City Manager: OP Applicant & Property Owner First Chinese Baptist Church Agenda Item Planning Commission Public Hearing February 10, 2021 City Council Election District Beach 5 (,,„,, Virginia Beach Request Modification of Conditions (Religious Use) Staff Recommendation Approval PinewoodOriro �a�a Warren Plato - \? 9 / �o Staff Planner N,,` '.,�NPtr `' An so,Lane \ ' b Jonathan Sanders �4 w y, Location Oej�OCae pcJ. A • -° 228 Pritchard Road 0‘°" �,Q 4 \9 1 GPINs Abe' y`,e P°t "o. ' . 6 a t 1497227432, 1497229425 ape` o h P .40 Site Size „se.oa`'' ti, �; -.`� 1.27 acres " Q,,,°`�o�•e,° AICUZ °% `� `• Greater than 75 dB DNL / k r. Watershed s;,,,,,or 4.4 1 Chesapeake Bay Existing Land Use and Zoning District Church/R-10 Residential 4 Surrounding Land Uses and Zoning Districts �� r s ' V' 4 ',. e-„ c ,c r= North b . °`: W, s j -` Single-family dwellings /R-10 Residential South ,. 4 Single-family dwellings/R 10 Residential ,4:0). ° `' East • ♦, , Marlene Street • ` .' .;' ` Single-family dwellings/R-10 Residential ` ? e � ! . . West `'` � Pritchard Road y" ;: , Single-family dwellings/R-7.5 Residential - - e • ,��„o: s First Chinese Baptist Church Agenda Item 5 Page 1 Background & Summary of Proposal • The subject 1.27-acre site is zoned R-10 Residential District and consists of a church and parking lot with access to both Pritchard Road and Marlene Street. • The original Conditional Use Permit for a Religious Use was approved in 1961 and requests to expand the church and parking area were approved in 1985 and 1995. • The church is now requesting to demolish the 2,707 square foot front wing of the church along Pritchard Road and to construct a new larger addition in its place. A proposed one-story 4,602 square foot addition is planned to house the main gathering space with 207 seats,offices, bathrooms and classrooms. When complete,the total size of the building will be 7,877 square feet. • The existing building encroaches 10.42 feet into the front yard setback along Pritchard Road. The proposed addition will encroach 1.31 feet into the setback along Pritchard Road,thus reducing the degree of non-conformity. The proposed porches on the south side will encroach 5.87 feet into the 20-foot side yard setback. As such,a deviation to the front yard and side yard setback is requested. • The architectural elevations of the exterior façade of the proposed building addition depict brick, cement fiberboard siding and window trim, EIFS, and architectural grade shingles. • Foundation plantings along the front of the addition are proposed. Further review of the landscaping requirements will occur at final site plan review. • The existing parking lot has 53 parking spaces,which meets the minimum 42 parking spaces that are required in the City Zoning Ordinance. • The church site currently has two signs,one at each entrance.According to the applicant,the existing freestanding sign along Pritchard Road is currently in the right-of-way and will be removed. A new building sign with the name of the church will be integrated into the front facade of the proposed addition. No new freestanding signs are proposed. Section 240.1(c)of the Zoning Ordinance states that in Residential Districts, religious uses shall be allowed one sign per entrance not to exceed 24 square feet per face or such other signage approved as part of the Conditional Use Permit. First Chinese Baptist Church Agenda Item 5 Page 2 V V. /. ►1'♦ t • ,.-' A> • ' 4p No 00, , k - ,• voi.„ ti‘ rOO.: Zoning History N t. 01141 # Request j � /// // x; 9� r; 1 CUP(Church Parking Lot Expansion)Approved l/ S 05/23/1995 dets. , �„., 7- CUP(Church Addition)Approved 01/21/1985 tiglOA 40; ,47 It, CUP(Church)Approved 05/01/1961 4;71($y- OP /4 \ - : ,, i 4.0,\- : • ''' ';'�. "`tom" (,- <';. \ --4 f.. 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 proposed Modification of Conditions for a Religious Use on this site, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area for institutions and businesses. Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of structures,and provide effective buffering with respect to surrounding uses. The proposed redevelopment of the church will enhance the ability of the organization to have more capacity to serve the community and run more efficiently. As mentioned above,the proposed front of the building encroaches into the 30-foot front setback along Prichard Road setback by 1.3 feet.Additionally,two proposed porches with railings to be used as ingress/egress encroach into the 20- foot side yard setback by 5.87 feet. The encroachment to the front is a reduction in the existing encroachment by 9.11 feet and supported by Staff due to the reduction in the existing non-conformity. The proposed building meets the required 20-foot side yard setback, however the required landing and stairs for egress of the building are located within the required side yard setback. Staff supports the deviation to the side yard setback requirement due to the only encroachments being the landing and stairs to egress the building. Per Section 221(i)of the Zoning Ordinance,the City Council may approve the deviation. Staff has also recommended a condition to allow for the wall sign with the name of the church proposed on the front facade. Based on the considerations above, Staff recommends approval of this request subject to the conditions noted below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit(Parking Lot Expansion)granted for the Church in 1995 are hereby deleted and superseded by the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled,"Site Improvements Plan",dated 1/27/2021 and prepared by John Sandow Engineering, LLC,which has First Chinese Baptist Church Agenda Item 5 Page 3 been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance,size and materials to the elevations entitled, "First Chinese Baptist Church",dated June 25,2020 and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning&Community Development. 4. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected,shaded,and focused away from all adjoining property. 5. The existing freestanding sign fronting Pritchard Road shall be removed from the right-of-way. 6. Signage for the Religious Use permitted includes the sign proposed on the front facade as depicted on the elevations entitled, "First Chinese Baptist Church",dated June 25,2020 and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning&Community Development. 7. The proposed addition shall be located no closer than 28.69 feet from the Pritchard Road front property line as depicted on the exhibit entitled, "Site Improvements Plan",dated 1/27/2021 and prepared by John Sandow Engineering, LLC.This location is a deviation to the 30-foot front setback required by the Zoning Ordinance. 8. The proposed addition's porch, steps and railings shall be located no closer than 14.13 feet from the southern side yard property line as depicted on the exhibit entitled, "Site Improvements Plan",dated 1/27/2021 and prepared by John Sandow Engineering, LLC. This is a deviation to the 20-foot side yard setback required by the Zoning Ordinance. 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. 1995 Conditions (Parking Lot Expansion) 1. Site improvements shall be in accordance with the submitted plan entitled "New Auxiliary Building, First Chinese Baptist Church" dated March 27, 1995. 2. A fence is to be installed along Pritchard Road with a gate which will remain locked except during church services. 3. A gate is to be installed between the existing parking area fronting on Marlene Road and the proposed parking lot. This gate will also remain locked except during church services. 4. A 6-foot privacy fence and 10-foot landscape buffer along the boundaries abutting single-family residences will be required. First Chinese Baptist Church Agenda Item 5 Page 4 5. All lighting shall be directed toward the interior of the parking lot and away from adjoining residences. 1985 Conditions (Church Addition) None. 1961 Conditions (Church) None. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1-41 ADT Pritchard Road No Data Available No Data Available Proposed Land Use 2—55 ADT 'As defined by a 5,980 square 2 as defined by as 7,877 square foot church. foot church. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Pritchard Road in the vicinity of this application is considered a two-lane undivided local street. There are no roadway CIP projects slated for this area. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. First Chinese Baptist Church Agenda Item 5 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 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 February 22, 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 March 12, 2021. First Chinese Baptist Church Agenda Item 5 Page 6 Proposed Site Layout I i It Co,.01.81 III I $; m ' m r sa ksr! 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T !k ati 4 Iki t 4 1, $1 kIla;ROI: 5 }6 pp 14 1 1 I y iiisff •Ndl @- 11I.L {ir „�� \� I1iiii x' 7.1 ►1-NI1 NN 3 S , - 111. 55 s k x.. x,y ,.,,,,F — — IiP 1I 111I _ Eli r , , w Iz ° I!dr.�J131I II fI^ _ I O I i5 1 r4 �I'I r Ft — s III(`i _ 111 > I 1 1 1 I,I k > a� a l.00}1 1'er ;{y p P 1 4Wil'.0 W ...,41 — -- N ° III« 'Il4 ��I I. ,■miim1 = b i it ~ First Chinese Baptist Church Agenda Item 5 Page 10 Site Photos r - y_y`dF R Y - i „_ i , - ..: , 44 ire , r ,, � :,." ; ,_ , i,'',17.4,,,,.,,zc-i.,.,:,.:,...„;,..,,,, , Ti, .,....;,,,.....;,,,..„; .,,,, _s..„. . ; .ittii ,,, , _ �� • if • t tea, . ._ f~ {/�r y jy is t '' r e� s rqk�" flI yr•,/`:1.1,--, 1 g� : i t ''I ' '--..-' ' 3 Vi ' 'ii440 ' f ,,-,;1.' ..../,,,----:,' b 7[ ! t4 t ei' � ' . x '''',L,-.. : ifils))., 7.:-,..,A-- ., ,,, 4.,..,.,m,;,„.,..--_-.-4., ,..',t,,,t,...a- _. .. .,,,, _•-,--.-..,--: f4i „Y • [ • '------ 4 +'J• - {�� ''fr + RA t , > 'i 'mot First Chinese Baptist Church Agenda Item 5 Page 11 Site Photos 4.3 . '�w � ij` 1 + f 1• tJ. 1 };1t I .s •1' 7 4� la4 iii 1♦ 11 `�I11l�1 '4' r } r A s 0 y�y As . . ., . ., . • • lrti_ i,iS • a :. � .,.- . ', /t . itot • .a.'� �` 117 -� "+..rus'.. -. ; ', ._.� i. .. _ ..�,.. .tea k... . 16% 3�'r_?`_ First Chinese Baptist Church Agenda Item 5 Page 12 Disclosure Statement Disclosure Statement (-Oaf Planning&Community , Development ts The disclosures contained in this form arc necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name First Chinese Baptist Church Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. Luis Seuc Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?III Yes 0 No • If yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list if necessary) Trustees:Loretta Chan,Chi-Man Lee,Doris Lee Cliannran,Building Expansion Committee.tuis Selz Established in 1901. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) not applicable '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2010 1 First Chinese Baptist Church Agenda Item 5 Page 13 Disclosure Statement Disclosure Statement Planning&Community ' `"`•,o,, 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 • lf yes,identify the financial institutions providing the service. not applicable 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. not applicable 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 prope-ty?0 Yes • No • If yes,identify the firm and individual providing the service. not applicable 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 or the property?NI Yes 0 No • If yes,identify the firm and individual providing the service. Barnes Design Group-architecture 5. Is there any other pending or proposed purchaser of the subject property?0 Yes IN No • if yes,identify the purchaser and purchaser's service providers. not applicable Revised 11.09 1020 2 I I',.;e First Chinese Baptist Church Agenda Item 5 Page 14 Disclosure Statement Disclosure Statement 11/4B bM A'101.- Planning&Community Development ._x 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. A contractor has not been awarded a contract for the construction of the proposed building at this time. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to he operated on the property? Yes Cl No • If yes,identify the firm and individual providing the service. John Sandow Engineering,LLC(John Sandow,PE Civil)sandow.civil@gmail.com 757-377-6971 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. not applicable Applicant Sig. ature 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,CBPA,Wetlands Board or any public body o committee in connection with this application. • Applica Signa ure Chi-Man Lee,Trustee Print Name and Title Date 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 ® No changes as of Date 03.04.2021 'Signtw' 1 Print Name i Hoa N.Dao Rrwsed 11.09.2020 3 I P First Chinese Baptist Church Agenda Item 5 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. First Chinese Baptist Church Agenda Item 5 Page 16 Item # 5 First Chinese Baptist Church [Applicant & Property Owner] Modification of Conditions (Religious Use) 228 Pritchard Road February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 CONDITIONS 1. All conditions attached to the Conditional Use Permit(Parking Lot Expansion)granted for the Church in 1995 are hereby deleted and superseded by the following conditions below. 2. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "Site Improvements Plan", dated 1/27/2021 and prepared by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "First Chinese Baptist Church", dated June 25, 2020 and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. 5. The existing freestanding sign fronting Pritchard Road shall be removed from the right-of- way. 6. Signage for the Religious Use permitted includes the sign proposed on the front facade as depicted on the elevations entitled, "First Chinese Baptist Church", dated June 25, 2020 and prepared by Barnes Design Group which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning & Community Development. 7. The proposed addition shall be located no closer than 28.69 feet from the Pritchard Road front property line as depicted on the exhibit entitled, "Site Improvements Plan", dated 1/27/2021 and prepared by John Sandow Engineering, LLC. This location is a deviation to the 30-foot front setback required by the Zoning Ordinance. 8. The proposed addition's porch, steps and railings shall be located no closer than 14.13 feet from the southern side yard property line as depicted on the exhibit entitled, "Site Improvements Plan", dated 1/27/2021 and prepared by John Sandow Engineering, LLC. This is a deviation to the 20-foot side yard setback required by the Zoning Ordinance. 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. 3 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 (( O - CL 6^` r / ..41 , N 3 0 0 O N / GQ► al \1111.k1 \4 ! i i t 0 ', I ) ,ri:I• • 10- 1.r) 1 \ 70‘ , $ / 4 o \z10 ///0 ;' t4 a) 0_ , flay .., ,, ,---,et 1 ° �l� �n ��T` • o . 1„,„ �/ \ N ,, 6 oo_t, ..,n, IP14, s5:713‘' (9\ 3\ r. a wtv S. Afi.0 \ ce IIII o �, °urt. w o � F b Ce uu*N . �, ••• - Orr GIVG�0 \ c , \` \S.F • \. L. . fa_ N ci,, ii.„ 0 L---L____n 11 7 [ L • I�1 �``_� rij d i I J .. .___j____,Q3,-- i i\ . . © a �� ��ie) , � mcii J I olap 1 aapu� � N 0 I 0`�- ■ s CC 1 / cz,,Ku. 4 si c44 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EDYNERRIS O. AQUINDE [Applicant] MAXIMO P. AQUINDE, JR. & EDYNERRIS O.AQUINDE [Property Owners] Conditional Use Permit(Family Day-Care Home) for the property located at 980 Avery Way (GPIN 1464362803). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: March 16, 2021 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Woodbridge Point neighborhood. The applicant has over seven years' experience caring for children. The 9,416 square foot property has an enclosed fenced-in backyard for the children to play outdoors. The typical hours of operation are 7:00 a.m. to 5:00 p.m., Monday through Friday. • Considerations: The request for a Family Day-Care Home is consistent with the Comprehensive Plan's policies for residential areas, as it will provide a valuable service for families in the Suburban Area. The final number of children permitted to be cared for by the applicant will be determined by the Virginia Department of Social Services, but as conditioned below that number cannot exceed 12. The property appears to be organized and well-kept. To alleviate the potential for congestion of client parking in the right-of-way, a condition is recommended to stagger pickup and drop off times. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff Report. Staff is not aware of any opposition to this request. • Recommendation: On February 10, 2021, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote 10-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. Edynerris O. Aquinde Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / 1 /4_0City Manager:i Applicant Edynerris O. Aquinde Agenda Item Property Owners Maximo P. Aquinde, Jr. & Edynerris O. NB�B Aquinde 3 161,1 Planning Commission Public Hearing February 10, 2021 Virginia Beach city council Election District Centerville Request Conditional Use Permit (Family Day-Care Home) g Bozzone Circle or et, Staff Recommendation _ '°<a,�P Approval f f/ J `C / .ca o Staff Planner 4. e Marchelle Coleman ' V s<,, > e I Location 980 Avery Way +� t� ., lcf GPINV `°1 1 1464362803 as % Site Size ____.2...), 9,416 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/R-7.5 Residential Surrounding Land Uses and Zoning Districts North �= Single-family dwelling / R-7.5 Residential o South �' ' ' '" Heald Way k Iti tj.. Single-family dwelling/R-7.5 Residential -' East � � Avery Way - ,,,oi ._ t , _ yea Single-family dwellings/R-7.5 Residential oako ,ire s1,0g5tOn 'al i �a^'� West L _ Single-family dwellings/ R-SD Residential �= s'.. .." *' Edynerris O. Aquinde Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within the single-family dwelling.The 9,416 square foot parcel is zoned R-7.5 Residential District and is located in the Woodbridge Point neighborhood. • The applicant has over seven years of experience caring for children and is the only caregiver associated with the proposed day-care. • The designated outdoor play area is located in the backyard and is enclosed by a four-foot and six-foot tall privacy fence,as depicted on the site layout exhibit on page 5 of this report. • The typical hours of operation are 7:00 a.m.through 5:00 p.m., Monday through Friday. 5 5 RSO R`1 No Zoning History to Report 1550 CU" LWIn9s "b} 55, R5 RfG 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—StreetClosure SVR—Subdivision Variance Evaluation & Recommendation This request for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area.Staff finds the property to be organized and well- kept,successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. The applicant has requested to provide day-care services for up to 12 children.A Family Day-Care Home with four or less children are permitted by right in residential districts. When the number of children cared for increases to five or more children,excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at any one time to alleviate the potential for congestion in the right-of-way. In general approval of a Conditional Use Permit runs with the land; however, due to the nature of the use,Staff recommends a condition to limit this Conditional Use Permit request to only this applicant. Each Family Day-Care Home operator should Edynerris O.Aquinde Agenda Item 3 Page 2 make the request with the City and allow Staff the opportunity to inspect the site and evaluate the operating conditions on an operator-by-operator basis. In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve(12)children,other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one(1) person,other than the applicant,shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation,the Family Day-Care Home,operating on the property associated with this Conditional Use Permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and Edynerris 0.Aquinde Agenda Item 3 Page 3 attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Avery Way No Data Available Existing Land Use 2=10 ADT Proposed Land Use 42 ADT 3 as defined by a single-family 2 as defined by a single-family dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Avery Way, in the vicinity of this application, is considered a two-lane undivided local street. It is not included in the MTP and there are no CIP projects planned for this area. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 2021. Edynerris 0. Aquinde Agenda Item 3 Page 4 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 22,2021. • 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/BookmarkedABenda.pdf on March 12, 2021. Edynerris 0.Aquinde Agenda Item 3 Page 5 Site Layout 9'6 6it la" Wood , „.... V9 Fence "... 1 l r Shed „- 1713 , % --,- % .. • t cc % 9)5 1 Single Family % % \ Dwelling % \ \% iii , . , 4 l ' .. I 1 .. . . / i 1 . 9:1 ....', . ..." Pla ''. ' OUtd°°r \..............• \ --:.". ... ' Y '\,,..-- prea titt la" _---- wood fence 2161 MEM AVE .---' Edynerris O. Aquinde Agenda Item 3 Page 6 Site Photos ,- -- :- .additiah64 -.- • , . ,,,,--• r-- t.--.. , ':::177." .... ,". ....._..._ _a js."" ,7:ALies 1di. it,... ,-vinem i . 1 % , . .1,"..."' ilitst _ ..- ,... -. .-:.,-tc.,?...., , , ,. rt-*,l'i,,,*.. __,„ .„-, •:,,.=:,:--'::,::::,.,---!'.: i 9 1 ---:' .. , . . • .. ; - • , - '-.• '' .;7 ':- I 1 .., tAi mil 40 2.41 . .. .,_ . , .., . .. _,. • - ' . , Edynerris O. Aquinde Agenda Item 3 Page 7 Site Photos e. .. . , - _ -0,-4$4., ...t.p.4 ,,,,. .., . .tr,9..A., '., 410,f, telz d % n 11 ,1-----------: ,.-------------____:11111111.... ___----- - ,woo... _-- -- sil r-las it i A 4, , 1. ;-"Va.°. ,,-..., yo,,. • ,,,r, -,,c4,•,- ,6- , , ,.., jq. r r r "W tF .'�-'eft A•A� `" Zc'°f �1, i r;;! x_ ''.;;::.'' -_,..t*, -...,,,,. .--1.; .........: -,.._________, , ;:it, ....‘,...„ :_ __.,...;.:,.77,.4. ----------..... - ".. ,,, •;.),....- .r, „0. ^..0,'Ae,:: -• vi-ikl4,--. !,. ?t 7 ..gnt • �NI (� -a ti t. •e ti.;, s •cam: - a R--4,- ` rill II ° T ' mow $ ' r F r• f .u ,h1_f.". ✓ �} ,yam �}'�. k �+Si 4 ''1C".... ." ,. A•SS L 7 , i `'0 .i ' ''1 •qr of d� t � s�� ,��. �� .� � 'Y;:: : . d 1.„.„' 1 �i r. 3 , . . _ ,.a4A rr.<` .' `' ;t-•. :w.d:.•... „SY� .f,S`s,., Edynerris O. Aquinde Agenda Item 3 Page 8 Disclosure Statement Disclosure Statement 1/13 Qiq of Kgfim Bead 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 yNGI"t I V�1. ,j,./N uv Does the applicant have a representative? ❑Yes Lf7 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes C�No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 4 • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Edynerris 0. Aquinde Agenda Item 3 Page 9 Disclosure Statement Disclosure Statement VB cvp of 1mgie Aff i, 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 6C1/No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disdosure 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 0 No • If yes,identify the financial institutions. NAd Fb96-12A1. C(Ls917 UNIOIJ 2. Does the applicant have a real estate broker/agent/realtorfor current and anticipated future sales of the subject property? 0 Yes i "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 o,any business operating or to be operated on the property?0 Yes 170 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 12 No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ["No • If yes,identify the purchaser and purchaser's service providers. 2j Edynerris O. Aquinde Agenda Item 3 Page 10 Disclosure Statement Disclosure Statement City of t oyirdo Bead 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 121(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. 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 L17/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 Signe re EV•iN-)s a. /4O t E FA-1l1 t,Y Cµ, C4k 1-(ZOV i +7EK Print Name and Title r II 0i , 20 Date ,�/ Is the applicant also the owner of the subject property? ❑Yes I!Q to • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Ail disclosures must be updated two 12}weeks prior to any Planning Commission and City Council meeting that pertains to the applications 110 Nachano••.a Q 2/23/2021 "PI"' PrintNarm Marchelle L.Coleman 3 ] Edynerris 0. Aquinde Agenda Item 3 Page 11 Disclosure Statement Disclosure Statement N/13 CO;of Virginia Bmd, Planning&Community Development Owner Disclosufr-e� ,�tDl� 1 ' t7� Owner Name �V`�o,7otlel n.. O. A6 A i ion Applicant Name Cf►��1�'�"i►rI s �• y u (��� Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes i2 IVo • 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 Bea5h 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. 4"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. 5I Edynerris 0. Aquinde Agenda item 3 Page 12 Disclosure Statement Disclosure Statement N/13 Cat,of tfrgin o Road, Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing finandng(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any finnvcing n connection with the subject of the application or any business operating or to be operated on the property? U9 Yes ❑ No • If yes,identify the financial institutions. NAU 'Q VD1-j (ANI 2. Does the Owner 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 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?El Yes Id 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 D1 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 Df 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 [Zi NO • If yes,identify the construction contractor. 7. Does the Owner have an englneer/surveyor/agent/jn connection with the subject of the application or any business operating or to be operated on the property?❑Yes I2No • If yes,identify the engineer/surveyor/agent. 6u Edynerris 0. Aquinde Agenda Item 3 Page 13 Disclosure Statement Disclosure Statement car(If t' iw seal Planning&Community Development 8. Is the Owner receiving legal services in co ection with the subject of the application or any business operating or to be operated on the property?❑Yes g 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. Owne'Signature 140NoR-10 A ;PO p. itv,u10% TR/uso ge-frtc. EV;Mwls 0- Acivio,r/ r,i o V I DEfz Print Name and Title II,W20Z0 Date 7f Edynerris 0. Aquinde Agenda Item 3 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. Edynerris 0.Aquinde Agenda Item 3 Page 15 Item # 3 Edynerris O. Aquinde [Applicant] Maximo P. Aquinde Jr. & Edynerris O. Aquinde [Property Owners] Conditional Use Permit (Family Day-Care Home) 980 Avery Way February 10, 2021 RECOMMENDED FOR APPROVAL— CONSENT—CONDITIONS AMENDED Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with that the CUP only goes with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicantbwner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 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. 3 ObZ 00Z 09L OZ6 08 017 OZ 0 alsiy aniaa }off 6uP{aed load Immo - 6uiplin8 6uiuoZ s peol /Cg6nj psis suo6AIodAiadoad .4- ,. I.'NV A\ uosugor-ze!Q e3!ssaA ails ///, Ni ri7v (________----- ',>. Wat41 IA *4 .67Pliwu 1•I w 1- 4 */*. ��0 ..••, 4 -- , wt scsau";,s 'V',I,A iV/ \ . N , . ": ,, t7- , li # 4....,N . 4_4_r,d& V \ 0 ' . 0 It ;ems s � I ,.*P. hIo \ , 4 zed x ii N e \ ,, ow 0 44° 6 � /o . (z, d � r• -\ '')_ -- I _ __ _ !► oSS o / , .IMILI . 6.1* gar a i /Al r----i, , i 1.• L____-] • / 0, IRA 1 --caiti I t r gip Li, 1 11=* z�td _ I _1 I, _ •*I tr-11 , , �Hu ei rzi :<.0 S .41. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: YESSICA DIAZ-JOHNSON [Applicant] DEON JOHNSON SR. & YESSICA DIAZ-JOHNSON [Property Owners] Conditional Use Permit (Family Day- Care Home) for the property located at 5150 Rugby Road (GPIN 1465948584). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: March 16, 2021 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Rosemont Forest neighborhood. The applicant has over 20 years' experience caring for children. The 8,860 square foot property has an enclosed fenced-in backyard for the children to play outdoors. The typical hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The proposed for a Family Day-Care Home is consistent with the Comprehensive Plan's policies for residential areas, as it will provide a valuable service for families in the Suburban Area. The final number of children permitted to be cared for by the applicant will be determined by the Virginia Department of Social Services, but as conditioned below that number cannot exceed 12. The property appears to be organized and well-kept. To alleviate the potential for congestion of client parking in the right-of-way, a condition is recommended to stagger pickup and drop off times. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received a petition of support with two signatures from adjacent property owners for this request. • Recommendation: On February 10, 2021 , the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote 10-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. Yessica Diaz-Johnson Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (2 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department �0 City Manager: 1\1B Applicant Yessica Diaz-Johnson Agenda Item Property Owners Deon Johnson Sr. & Yessica Diaz-Johnson Planning Commission Public Hearing February 10, 2021 City Council Election District Centerville 4 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) �'`��._\ ha,,,,,,.4,,,.. ---P Staff Recommendation MaIwell Drive Approval Iohnstown Lane ChMony Dr Jameson Drive -it4 Staff Planner —r-- e°-tfo,� R Marchelle Coleman , B o Swe°, ndleCreek Boulevard Y pa d °-1 °d° pp 5 ryes e ,,,_ CZ' I S., It: 9. a, Location �y rrIi a%Ddv a ¢ Y mot ti O LY n"hay en?•kwav 5150 Rugby Road ,_ t ,,, d G P I N �- O ::::::;36::::21°1 1465948584 %oµitUn9torrvevSite Sizeyed8,860 square feet 1AICUZ '� Road o1'Less than 65 dB DNL yMann°'a Watershed Eddystone Dnve Southern Rivers Existing Land Use and Zoning Districtz-v Single-family dwelling/A-12 Apartment — — -. `� .. • `'' 4 alihhili rP. Surrounding Land Uses and Zoning Districts `! North 4• . Pitt !f .F. .` . -Y'i „•' i `. !. a Single-family dwelling/A-12 Apartment , f fY 6 South Single-family dwelling/A 12 Apartment s:ft=" a East ' It ter'\ 'I Water, apartments/A-12 Apartment 1►` '• ' West r Rugby Road - Single-family dwellings/A-12 Apartment , Yessica Diaz-Johnson Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within the single-family dwelling.The 8,860 square foot parcel is zoned A-12 Apartment District and is located in the Rosemont Forest neighborhood. • The applicant has over 20 years of experience caring for children and the assistant has 16 years of experience. • The designated outdoor play area is located in the backyard and is enclosed by a six-foot privacy fence. • The typical hours of operation are 6:00 a.m. through 6:00 p.m., Monday through Friday. 1111 . No Zoning History to Report 40 Pite Jc 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 request for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area.Staff finds the property to be organized and well- kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. The applicant has requested to provide day-care services for up to 12 children and has over 20 years of experience.A Family Day-Care Home with four or less children are permitted by right in residential districts. When the number of children cared for increases to five or more children, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at any one time to alleviate the potential for congestion in the right-of-way. In general approval of a Conditional Use Permit runs with the land; however, due to the nature of the use,Staff recommends a condition to limit this Conditional Use Permit request to only this applicant. Each Family Day-Care Home operator should make the request with the City and allow Staff the opportunity to inspect the site and evaluate the operating conditions on an operator-by-operator basis. Yessica Diaz-Johnson Agenda Item 4 Page 2 In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation,the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Yessica Diaz-Johnson Agenda Item 4 Page 3 Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Rugby Road No Data Available Existing Land Use 2=10 ADT Proposed Land Use 46 ADT 'as defined by a single-family 2 as defined by a single-family dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Rugby Road, in the vicinity of this application, is considered a two-lane undivided local street. It is not included in the MTP and there are no CIP projecrts planned for this area. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. A petition of support was provided to Staff with two signatures from the two immediately adjacent property owners. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on January 11, 2021. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, January 24, 2021 and January 31, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 2021. Yessica Diaz-Johnson Agenda Item 4 Page 4 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on February 22, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of httpsj/Jwww.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on March 12, 2021. Yessica Diaz-Johnson Agenda Item 4 Page 5 Site Layout n149RUt3BY RD I,-__ 1 5156 RUGBY IRE 5147 0154 5154 RUGBY RD --sue a 5152 r' r _ r i 6 ft.Tall r Wood Fence rt, r Single Family Dwelling Outdoor it.,.......... ...s.s'--— Play Shed `5148 ``S ��' 2 ft.Net 5148 RUGBY RD6ft Tall:-_ Fence with Wood Fence -_ ei vegetative screening 1508 JUDITH CT r 1001 1504 JUDITH CT 1505 JUDITH C1 1504 1'42 JUDITH CT 1545 Yessica Diaz-Johnson Agenda Item 4 Page 6 Site Photos ` } i r' •-_-,_ . . . , _ ij kt- 1- I a ra. '-/ _ ,./, .. /- 7- . ,/ I / / 1 Yessica Diaz-Johnson Agenda Item 4 Page 7 Site Photos w. _1 %, Iir _ .4. •144/ 44444*****4. '�......��•♦♦♦♦♦♦♦♦♦4 `,•-♦ ♦ ♦ ♦ ♦♦♦►.�.+ ` t` i l 1i 1 i .Iri l�+ '. ry` V�/r ✓ `W•. / F .:.i "/y'',W'1• }Y�-yt `�.rY _fc➢4"n7.1''/ `A?Z�.:S! y 14 f tr. -.. / i hf-f I. ,------=.- - ., ,.-‘%,.- - reeti. i- -‘. d. • Yessica Diaz-Johnson Agenda Item 4 Page 8 Disclosure Statement Disclosure Statement Ni13 ON of t ovow Beath 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 Yessica Diaz-Johnson Does the applicant have a representative? ❑Yes • No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ni Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Partnership with Jennifer Crump • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised I1.09.2020 1 Yessica Diaz-Johnson Agenda Item 4 Page 9 Disclosure Statement Disclosure Statement Cif of 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 It 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-coilaterallration,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 ❑ No • If yes,identify the financial institutions. VHA 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes IS 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. 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 Ill[ 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 Yessica Diaz-Johnson Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement Nr13 City oT t'i,v r Bemdh Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Stat ment Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been sche r public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this ap ca ion. ci51,4110 Applicant azure Yessica Diaz-Johnson Print Name and Title 11/17/2020 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 2/25/2021 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 Yessica Diaz-Johnson Agenda Item 4 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Yessica Diaz-Johnson Agenda Item 4 Page 12 Item # 4 Yessica Diaz-Johnson [Applicant] Deon Johnson Sr. & Yessica Diaz-Johnson [Property Owners] Conditional Use Permit (Family Day-Care Home) 5150 Rugby Road February 10, 2021 RECOMMENDED FOR APPROVAL — CONSENT — CONDITIONS AMENDED Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with that the CUP only goes with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond: Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 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. 3 t jis _ c,w - 12129120 1 and Neighbors, I live at 5150 Rugby Road. 1 recently moved here in atm Dear artner and I are currently running an in home daycare called Honey $ee my business P t7a yea re/Prescheet. We have been trying to get it zoned and properly licensed. In order to do that. we need signatures from the neighbors adjacent to me. Jennifer and 1 began itti the idea of wanting a daycare outside the home but in order to get funded we ha w d for a to start it at home for two years. We are now at a year and a half. We're praying ortunity in the upcoming year. Until then we would greatly appreciate it if you can big tape au in advance. sign below stating that you are ok with our decision.We thank y *`Please add your address next to your signature. " Z_Johnson 111 Yessica Dia LJennifer Crump Owners of r Hone ee r 1 Pre* I Pre* 0917 0017 0Z£ O1Z 091. 09 0V 0 alsiy antra iol 6uPPed [ lead m - 6uip�in8 6u!uoZ 1 #, s AemLI6IH AJelMIN -S V 1.OL suo6AIod-AJodad A NV' 114!uWS eicoj a1!S u / Z El -------„,,,,,,// o �8,_\„: i !I 77/ 0 ,, ,' , ...,: .., - \ r - C) a - _ hi '\, 8 I.d ., zapao _ ,� Q , , I Er ,� cz, , o 0o v � mii ----� � n �- M - - -• 1 0 I J .1111 J 0 , 0 0I,M 0-1N � / , 2,,,, 11 1 I p -i eitpri Aft El ' _ u �' o `. `` o 11i �. GNU 4fjc. r� � ro „-* r� z� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TOYA SMITH [Applicant] SST HOLDINGS, LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 701 A S. Military Highway (GPIN 1456273699). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: March 16, 2021 • Background: The applicant is requesting a Conditional Use Permit for an Assembly Use to operate an event rental space for small gatherings within an 875 square foot unit within this shopping center. Specifically, the applicant proposes to rent the venue to the public for small birthday parties, baby showers, and paint nights. The maximum number of guests is anticipated at 30 people; however, the maximum occupant load will ultimately be determined by the Building Official & Fire Marshal's Office. Food for the events will be prepared offsite, as there is no kitchen within the unit. There will be no amplified music or use of speakers outside of the building. There will be no significant modifications to the site or to the exterior of the building. All events will be limited to the operating hours of 7:00 p.m. — 9:00 p.m., Monday through Thursday, 12:00 p.m. — 12:00 a.m. on Friday, and 8:00 a.m. — 12:00 a.m., Saturday through Sunday. On-site parking exceeds code requirements. • Considerations: The proposed Conditional Use Permit is acceptable given that it is consistent with the Comprehensive Plan's vision for the Suburban Focus Area 8 — Military Highway Corridor. The assembly use helps to maintain great neighborhoods by providing an affordable amenity to the community for the use of small gatherings and social events. The minimum parking requirement is exceeded by 15 spaces and will not generate an extensive amount of traffic, as most of the events will take place during off-peak traffic periods. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received a petition of support with eight signatures for this request. • Recommendation: On February 10, 2021 , the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote 10-0, to recommend approval of this request. 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Toya Smith Page 2 of 2 Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of attendees shall not exceed thirty (30) or the occupancy load determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 7:00 p.m.- 9:00 p.m., Monday through Thursday, 12:00 p.m.- 12:00 a.m. on Friday, and 8:00 a.m. — 12:00 a.m. Saturday through Sunday. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (8 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department L City Manager: p979 Ifi3Applicant Toya Smith Agenda Item Property Owner SST Holdings, LLC Planning Commission Public Hearing February 10, 2021 2 ,„,,,, City Council Election District Kempsville Virginia Beach Request Conditional Use Permit(Assembly Use) Staff Recommendation y Approval 43tre% Con Ards Staff Planner �$ Marchelle Coleman i ls Cove piva 1 i Location Hobbs Road 701 A S. Military Highway �.'�'`�� TT" 1456273699 Site Size TrastmanAvenue "� ' j Li/ rc 92,302 square feet 84..n.),A 4,40. s 1 y AICUZ r A S I p Less than 65 dB DNL l��'�R'v°rq °�ShstPa(Roao R S y = M'n°oiu °4Y �.'4 °�Y C+ne § ns Watershed an.. H Chesapeake Bay Existing Land Use and Zoning District _; f Shopping Center/B-1 Neighborhood Business, B-2 Community Business f A- , 14 or,P A F `�"`. t 4 2 Surrounding Land Uses and Zoning Districts ,, ` ,�„_ 1t A North � 1. � � �_ ' x ^' ' Single-family dwellings /R-10 Residential `.� 5 _ . : .�r • Y i South _ f� . ° , Hotel, multi-family dwellings/B-4 Mixed Use, ti A-18 Apartment �' `� `, a 71 East i t +:k ' ° l ..; .a`'` S. Military Highway b' -'„fA" oy `' :; 4, } Office,Automobile Sales/I-1 Light Industrial ' ` y ` '~ / ii.West „ « ,,.P� 44 / iA ` Multi-family dwellings/A-18 Apartment i4 > , q_$ v_ Toya Smith Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is proposing to operate an event rental space within an 875 square foot unit in one of the existing buildings on the site. The property is zoned B-1 Neighborhood Business and B-2 Community Business. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required. The building that will be used for the event venue is zoned B-2 Community Business District. • Specifically,the applicant proposes to rent the venue to the public for small gatherings, such as birthday parties, baby showers, and paint nights. All events will take place inside the building. • Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or themselves, as there will not be a kitchen onsite. • The applicant intends to limit the number of guests to no more than 30 people; however,the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. • According to the applicant, scheduling of events will vary, as it is difficult to predict times of service for any future event. However, the applicant is proposing hours of operation to be limited to 7:00 p.m.-9:00 p.m., Monday through Thursday, 12:00 p.m.- 12:00 a.m. on Friday, 8:00 a.m. —12:00 a.m. Saturday through Sunday. • Per the Zoning Ordinance,the site meets the requirements of a shopping center with a parking requirement of one space per 250 square feet of floor area. The total floor area of the buildings on site is 8,050 square feet, resulting in a minimum parking requirement of 32 parking spaces. However,there are 47 parking spaces on the site exceeding the minimum parking requirement by 15 spaces. • There will be no significant modifications to the site or to the exterior of the building. Q�•.�„Mom• 4 Zoning History R # Request I 1 MOP Approved 05/13/2014 RIO s CRZ(B-1& H-1 to Conditional B-4)Approved 12/4/2012 2 CUP(Bulk Storage Yard)Approved 10/23/2007 /// 3 MOD Approved 12/07/2010 r� CUP(Automotive Repair Garage& Bulk Storage Yard) ��/ �I/ Approved 11 14 2006 4 CUP(Bulk Storage of Motor Vehicles)Approved y 12/13/2002 1 CUP(Temporary Recycling Operation)Approved ,f / R' 12/06/1994 2 CUP(Bulk Storage Facility)Approved 07/12/1994 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 Toya Smith Agenda Item 2 Page 2 Evaluation & Recommendation The applicant's request for the Conditional Use Permit for Assembly Use, in Staff's opinion, is acceptable. This use is consistent with the Comprehensive Plan's vision for the Suburban Focus Area 8—Military Highway Corridor. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings.This assembly use helps to maintain great neighborhoods by providing an affordable amenity to the community for the use of small gatherings and social events. Access to the site is only from South Military Highway with no vehicular impacts to any adjacent residential uses. As previously mentioned,the shopping center exceeds the minimum parking requirement, as defined in Section 203 of the Zoning Ordinance. Based on Traffic Engineering review,the event space is not large enough to generate an extensive amount of traffic to this site, as most of the events will take place during off-peak traffic periods. While the applicant indicates that all activities and music will remain indoors,a condition to reinforce that no amplified music, use of speakers or monitors for the Assembly Use will be permitted outside of the building is recommended. Based on these considerations,Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of attendees shall not exceed thirty(30)or the occupancy load determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 7:00 p.m.-9:00 p.m., Monday through Thursday, 12:00 p.m.- 12:00 a.m.on Friday,and 8:00 a.m.—12:00 a.m. Saturday through Sunday. 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. Toya Smith Agenda Item 2 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being located within the Suburban Focus Area 8—Military Highway Corridor. This area includes both sides of Military Highway.The general pattern of land uses along this corridor has remained essentially unchanged for decades. North of Indian River Road,the western side of S. Military Highway consists of a low to medium density residential area and on the eastern side it largely consists of light industrial uses including auto and truck sales, rentals, repairs, outdoor storage, and warehousing. The land along S. Military Highway, south of Indian River Road, is zoned and used for commercial purposes. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage, and landscaping. 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 — S. Military Highway 51,100 ADT1 74,000 ADT 1(LOS°"D") Existing Land Use a_No Data Available Proposed Land Use No Data Available 'Average Daily Trips 2 as defined by a XXXXXXX 3 No information available in the °LOS=Level of Service ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S. Military Highway, in the vicinity of this application, is considered an eight-lane major urban arterial. The MTP proposes a divided facility within a 150-foot right-of-way.There are no roadway CIP projects planned for this area. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. A Petition of Support was provided with eight signatures. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. Toya Smith Agenda Item 2 Page 4 • 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 February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 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 February 22,2021. • 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 March 12, 2021. Toya Smith Agenda Item 2 Page 5 Site Layout Gas-P.11wt4m we 637 -1%- r—UnitA MOM ToyaSmbh Agenda Item I Site Photos • .] • j: i gpF,y+ . Toya Smith Agenda Item 2 Page 7 Site Photos 4 2,d . . • . yr ._ N.;. r 4460 - -- - - - -.11.,..-7„..., ,. c f 1 { H".......m......07. ,c v - a ,.kp.. 4 3 11 '�"I6 � f� f� r . "z7 !g11'ER SHdRES rI .`.* .. t 'Y� » OFf10E PARK I .�' � + y „ � f 4 1t ._--.__mil. l.M1 •}7. .,.1I �� f Toya Smith Agenda Item 2 Page 8 Disclosure Statement Disclosure Statement 113 Manning&Community Development l he 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 1 v 11( Does the applicant have a representative? ❑Yes No a If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes J`-'No a If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) a If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 I Toya Smith Agenda Item 2 Page 9 Disclosure Statement Disclosure Statement t &nh Planning&Community elopment 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 Ste'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 m No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes 0No • 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 5'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 IGI 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 ;21 No • If yes,identify the purchaser and purchaser's service providers. 2I Toya Smith Agenda Item 2 Page 10 Disclosure Statement Disclosure Statement Niri3 Planning&Community De a rr e1•41t 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 g 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 0 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 p(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,VEDA,CEPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signatu To d A1 i ,1 �'\"�►'� . Print Na a and Title � I/ I202_0 -Date Is the applicant also the owner of the subject property? ❑Yes FNO e 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 � L '' No changes as of Date 2/23/2021 s,gn.mrce PnntNa•a. Marchelle L. Coleman 3iPar Toya Smith Agenda Item 2 Page 11 Disclosure Statement Disclosure Statement ItAtNistm, NB Planning&Community Development Owner Disclosure Owner Name ' ( t-�c'Id i i'.c S L t c Applicant Name Toyq ,-CM( +"I Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?Q'Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) I ii) • 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 ErNo • 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. 5I Toya Smith Agenda Item 2 Page 12 Disclosure Statement Disclosure Statement \\B revollimmaliatth 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 CI 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 ErNo • 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?it Yes ©No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes io • 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?CI Yes ©'No • If yes,identify the engineer/surveyor/agent. 6I ". ., Toya Smith Agenda Item 2 Page 13 Disclosure Statement Disclosure Statement \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 lallo • 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. �4 Owner Signature (� if'1c--,(n a O,"r�9_ , l ,{t i1f — - Print Name and Title iI /Ili2D21 Date 7I. Toya Smith Agenda Item 2 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Toya Smith Agenda Item 2 Page 15 Item # 2 Toya Smith [Applicant] SST Holdings, LLC [Property Owner] Conditional Use Permit (Assembly Use) 701 A S Military Highway February 10, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with that the CUP only goes with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda items 2, 3 with the removal of condition number four, 4 with the removal of condition number four, 5, 7, 8, 9, 15, 17, and 18, have been recommended for approval on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 2 CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of attendees shall not exceed thirty (30)or the occupancy load determined by the City of Virginia Beach Fire Marshal. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Hours of operation shall be limited to 7:00 p.m.- 9:00 p.m., Monday through Thursday, 12:00 p.m.- 12:00 a.m. on Friday, and 8:00 a.m. — 12:00 a.m. Saturday through Sunday. 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. 3 I am NOT against FJ Events Venue being located at 701A S Military Hwy Virginia Beach, VA 23464. Name Location 1. l\-/- Sct-C (All $q (33 = w 2. ;t•...) � +-� 3. \\-' z ' .,e,,e`er 1 a -, r-t j' l 1 ) [dna! tikAJLi MIA eS 6. Icn '' � 21 fit+ 8. �ti(IS ! L)1k 5, q. 9. 10. 17___I o n 1,- --- U b L_._J 11 : -tn__ I I ,r._,__ 1 1 _. 0, ' ___, -. - ' -'-1 w o W !rit � _ . f ri = . 1r1 R7.5 ill— I Qm�- Ri7,.5 r T'' > R7.5 � fl-1 R7.5 d - R7.5 LI- LHL <� _ j i II Broad-StreetrBroad Street Broad Street Broad_Str-eet L r I ❑ ❑ - °4 CD 1 1 a' as —j L 2 cv B2 - � B3 E= ' _ as Gial , -- I/ u) - as i i N Wh: Site Xpert Services, LLC W:-Al, Property_Polygons 4937 Broad Street s Zoning Building - • Feet PLAN TRANS SURFACES 0 25 50 100 150 200 250 300 ro �T! V CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: XPERT SERVICES, LLC [Applicant] VB INVESTMENTS, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at 4937 Broad Street (GPIN 1477055792). COUNCIL DISTRICT — BAYSIDE MEETING DATE: March 16, 2021 ■ Background: A Conditional Use Permit request to operate a Car Wash Facility for automotive detail services of vehicles from the applicant's dealership that is located approximately 0.2 miles from this property. No automotive repair will be conducted on-site. The property is developed with a former single-family dwelling that has been modified for office use. The 800 square foot garage will be used for the detailing activities and the remaining 1,900 square feet will be used for storage. Vehicles requiring detail services will access the property from the unimproved segment of the right-of-way (partially located on the applicant's property), west of the property, through a chain-link gate. Detailing services will be completed either inside the garage or behind the building within the enclosed fence area. Plantings are proposed along a portion of Broad Street. • Considerations: The Pembroke SGA Plan emphasizes the importance of preserving the character of adjacent neighborhoods and providing compatibility between future development and these adjoining neighborhoods. Access to this site is from Broad Street, which has a residential character and is not suitable for an automotive detailing business. The introduction of an auto-related operation that uses Broad Street as the primary access to the site could negatively impact residences located across the street. Of particular concern is the intrinsic nature of the operation as well as the potential for the site to become disorderly from a visual standpoint. In addition, constant noise generated from the equipment used to perform the detailing service could disturb the residential character in this area. The applicant noted that vehicles to be washed will come from a nearby auto repair establishment that is not contiguous with this property. Though automobile related uses surround the property, many of the properties that front on Broad Street with the use have been consolidated with properties that have their main access from Virginia Beach Boulevard. Based on these considerations, staff recommends denial of the application. Planning Commission recommended approval with modification of Condition 7 to include no sale of vehicles on-site that is identified below with underline text. Xpert Services, LLC Page 2 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Three letters of opposition were received about the request and two speakers spoke in opposition to this request at the Planning Commission public hearing. Opposition correspondences and comments at the public hearing noted concerns related to incompatible use, commercial business parking on residential streets, traffic, safety, and noise. At the Planning Commission public hearing, the applicant stated that all recommended conditions are acceptable. At the February 16, 2021 City Council public hearing, the applicant requested a deferral of the application until the March 16, 2021 City Council public hearing in order to discuss the proposal with the interested stakeholders. According to the applicant, on February 24, 2014, he meets with five members of the Aragona Village Civic League onsite to provide clarification on the proposal. There is no modification to the requested application or additional material provided to Staff since the deferral was granted in February. • Recommendation: On January 13, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 6-4. 1 . Except for the ingress/egress point and where possible, the applicant shall install and maintain a minimum six-foot tall hedgerow along the entire length of the property on Broad Street. New plant material shall be at least four feet tall at the time of installation and appropriately spaced as per the species. A Landscape Plan shall be submitted to the Planning Department for review and ultimate approval. Plant material required by the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy for the Conditional Use Permit. 2. There shall be no more than four(4) vehicles parked on the subject property at any one time. In no case shall the number of vehicles brought to the site for detailing exceed 10 per day. 3. Vehicles associated with the operation, employees or otherwise, shall not be parked on any portion of the public right-of-way or the paved roadway/driveway west of the building. 4. There shall be no automotive repair work performed on this site nor shall there be any outdoor storage of materials, vehicles, equipment, or vehicles other than those awaiting detailing and as conditioned herein. 5. All automotive detailing shall be limited to only inside the garage, and the handwashing of vehicles within the enclosed fenced in area in the rear of the site. Xpert Services, LLC Page 3 of 3 6. The hours of operation shall be between 9:00 a.m. to 5:30 p.m., Monday through Saturday. 7. There shall be no sale of vehicles or signage on-site to identify the business. 8. The proposed use shall comply with the provisions of Section 228.1 of the Zoning Ordinance for a Car Wash Facility. 9. The existing vehicular access point shall be upgraded to a commercial entrance that meets Public Works Standards. All approvals and permits associated with this upgrade shall be obtained prior to the commencement of any work in the right-of-way. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Opposition (3) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /2Ji) Applicant Xpert Services, LLC Property Owner VB Investments, LLC Agenda Item Planning Commission Public Hearing January 13, 2021 City of City Council Election District Bayside 13 Virginia Beach Request Conditional Use Permit(Car Wash Facility) Staff Recommendation Denial I "°'Ny I( 1 Rachel Street Erskine Street C,a, __. Staff Planner i Floral St,: a Hoa N. Dao £ ! a ; 1 Y e e € ° a € a Jeanne-SSW a' Location : I 4937 Broad Street GPIN i \ 'I 1477055792 rill' s..ay.a Site Size - I a«, 14,756 square feet ; , e AICUZ a• 1 southern ewkv:a Less than 65 dB DNL e, J ,la 11 x Watershed � S. N�°`+'�' Chesapeake Bay Existing Land Use and Zoning District - Vacant building/B-2 Community Business E Surrounding Land Uses and Zoning Districts North _ - .. _ Broad Street 0, Single-family dwellings /R-7.5 Residential `r South Automobile sales& repair/B 2 Community _ - - s ,/ Business z - uII„ '* u I ._. East - • I i ,t, u - Vacant lot/B-2 Community Business t 1°! West � :,¢ . i _ • ,t , Automobile sales,vehicles storage/B-2 f, / '•. �. °_� -- ~� x., ""�. '°° '.. Community Business ` - . =` Xpert Services, LLC Agenda Item 13 Page 1 Background & Summary of Proposal • The 14,700 square feet parcel is zoned B-2 Community Business District and is located within the Central Village District of the Pembroke Strategic Growth Area (SGA). The property is developed with a former single-family dwelling that has been modified for office use. • The applicant seeks a Conditional Use Permit to operate a Car Wash Facility for automotive detail services of vehicles from the applicant's dealership that is located approximately 0.2 miles from this property. • A majority of the building, 1,900 square feet, will be used for storage and the 800 square foot garage will be used for the detailing activities. No automotive repair will be conducted on-site. • According to the revised project narrative, no more than six vehicles, including the employee's vehicles,will be parked on-site. The vehicles will be parked behind the building, enclosed by a wood and chain-link fence. • Vehicles requiring detail services will access the property from the unimproved segment of the right-of-way (partially located on the applicant's property), west of the property,through a chain-link gate. Detailing services will be completed either inside the garage or behind the building within the enclosed fence area consisting of dirt and loose gravel. The applicant stated that the vehicles will be hand-washed within this area. • The submitted plan depicts proposed plantings that are between 18 to 24 inches high along a portion of Broad Street with parking spaces provided at the front and side of the building. According to the applicant,the landscaping cannot be extended along the entire length of the front of the property on Broad Street due to a conflict with the stabilization wires for the electrical pole on the northwest corner of the property. • The proposed hours of operation are 9:00 a.m.to 5:30 p.m., Monday through Saturday, with up to three employees. I ' _~.C; R-7.5 I F ❑ R-L5, -.5 [ ! n JI I f • I l —._._..__. Zoning History Brood Street # Request //�/% • 1 MOD(Automobile Repair)Approved 11/28/2006 ii. CUP(Automobile Repair)Approved 11/04/2004 ����A - • - 2 CUP(Mini-Warehouse)Approved 12/14/1993 1 - J 3 CUP(Motor Vehicle Sales&Service)Approved B-2 B-2 09/25/1990 _ I - 2 3 Application Types CUP—Conditional Use Permit MOO—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 In Staff's opinion, the request to operate an automobile detailing service establishment at this location is not acceptable. Broad Street serves as the boundary between commercial and residential uses in this area, where south of Broad Street Xpert Services, LLC Agenda Item 13 Page 2 are commercial uses and north of Broad Street are residential uses.While the property is located on the southern side of Broad Street, unlike the other commercial lots with auto-related uses that have their main access from Virginia Beach Boulevard,this site's access is from Broad Street,which has a residential character and is not suitable for an automotive detailing business. While the application states that only six vehicles will be on-site, it does not limit how many vehicles can be brought to the site for detailing services each day, nor could this be easily monitored or enforced. The Pembroke SGA Plan emphasizes the importance of preserving the character of adjacent neighborhoods and providing compatibility between future development and these adjoining neighborhoods. In Staff's view,the proposed use is not keeping with the recommended policy of the Comprehensive Plan as the introduction of an auto-related operation that uses Broad Street as access to the site could negatively impact residences located across the street. Of particular concern is the intrinsic nature of the operation as well as the potential for the site to become disorderly from a visual standpoint. In addition,constant noise generated from the equipment used to perform the detailing service, such as a vacuum cleaner,could disturb the residential character in this area where the use has direct access and exposure to the residential uses. Vehicles requiring detail services will access the property from the unimproved segment of the right-of-way(partially located on the applicant's property),west of the property,through a chain-link gate.As stated previously,detailing services will be completed either inside the garage or behind the building within the enclosed fence area consisting of dirt and loose gravel. Section 228.1 of the Zoning Ordinance requires that the water produced by the facility does not drain across public streets,sidewalks or adjacent properties. It is unclear as to how the proposed operation will comply with this provision of the Code,as the applicant has yet to provide this information. Based on the considerations described,Staff recommends denial of the request; however,should the Commission contemplate approval,the following conditions are provided for consideration. Recommended Conditions 1. Except for the ingress/egress point and where possible,the applicant shall install and maintain a minimum six-foot tall hedgerow along the entire length of the property on Broad Street. New plant material shall be at least four feet tall at the time of installation and appropriately spaced as per the species.A Landscape Plan shall be submitted to the Planning Department for review and ultimate approval. Plant material required by the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy for the Conditional Use Permit. 2. There shall be no more than four(4)vehicles parked on the subject property at any one time. In no case shall the number of vehicles brought to the site for detailing exceed 10 per day. 3. Vehicles associated with the operation, employees or otherwise,shall not be parked on any portion of the public right-of-way or the paved roadway/driveway west of the building. 4. There shall be no automotive repair work performed on this site nor shall there be any outdoor storage of materials, vehicles, equipment,or vehicles other than those awaiting detailing and as conditioned herein. 5. All automotive detailing shall be limited to only inside the garage,and the handwashing of vehicles within the enclosed fenced in area in the rear of the site. 6. The hours of operation shall be between 9:00 a.m.to 5:30 p.m., Monday through Saturday. 7. There shall be no sale of vehicles or signage on-site to identify the business. 8. The proposed use shall comply with the provisions of Section 228.1 of the Zoning Ordinance for a Car Wash Facility. Xpert Services, LLC Agenda Item 13 Page 3 9. The existing vehicular access point shall be upgraded to a commercial entrance that meets Public Works Standards. All approvals and permits associated with this upgrade shall be obtained prior to the commencement of any work in the right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject site is located within the Central Village District of the Pembroke Strategic Growth Area (SGA)which calls for an eclectic, mid to low-rise commercial and urban residential area in the form of live-work, loft and row-house residential buildings and smaller scale mixed-use commercial buildings.The Pembroke SGA Plan also emphasizes the importance of preserving the character of adjacent neighborhoods and providing compatibility between future development and these adjoining neighborhoods. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There does not appear to be any significant natural or cultural impacts associated with the proposed project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Broad Street No Data Available 9,900 ADT 1(LOS°"D„ Existing Land Use 2-186 ADT Proposed Land Use 3—No Data Available lAverage Daily Trips z as defined by a 14,765 square 3 No information available in the 4 LOS=Level of Service feet parcel zoned B-2 with a ITE Trip Generation Manual for an vacant building auto detailing center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Broad Street is a two-lane local collector street.There are no roadway CIP projects slated for this portion of the roadway. Public Utility Impacts Water&Sewer The site is currently connected to both City water and sanitary sewer service. Xpert Services, LLC Agenda Item 13 Page 4 Public Outreach Information Planning Commission • Three letters of opposition have been received by Staff noting concerns related to incompatible use, commercial business parking on residential streets,traffic, safety, and noise. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on December 14, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, December 27, 2020 and January 3, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 28, 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 January 7, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 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 February 22, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-cou nci I/Documents/Bookma rkedAgenda.pdf on March 12, 2021. Xpert Services, LLC Agenda Item 13 Page 5 Proposed Site Layout N vt ul Al N N N. 0 t 1 14 2 1rN A, QJ` 13 3 t 3 7 `� 14 84 sP • ' /'1 •02.' 0.5e S �t T Ti 1440749 . 14 47 72 W000 — C� }4 i �q—L 1�1 x ' Z Z T .14`L7 E 1410 !El x BB �. I Q .WdV x f 1298 j of T 1Q41 ®9 I T 1 1 P i a9 O 1a.19 . _7 1114.46T tg46 _ Ii 140• 1 ihli...__. 11 i_ T 1 07 lg.,� •.46 0 3 L� 1261 406 1 'p1� d - ° :T 1516 .. 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'�-z� ?�- rk Xpert Services, LLC Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement 113 en of litock 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 Xpert Services,LLC,a Virginia limited liability company Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr,.Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Andreas E.Loizou,Sole Member • If yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Loizou,Inc.and A&G Auto Sales 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(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship 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 ; Xpert Services, LLC Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement 113 City oflolvfaia Bald 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 t 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. Jason toilou,IL Real Estate 3. Does the applicant have services for accounting and/or preparation of tax returns previdec in connection with the subject of the application or any business operating or to be operated on the property?❑Yes a 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 JR 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 III No • If yes,identify the purchaser and purchaser's service providers. 2l Xpert Services, LLC Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement \B CO Virginia Bead, Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the 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. CHP-TC -or Crsit,1L& wrni SYr)EKT11oM 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 0 No • If yes,identify the name of the attorney or firm providing legal services. L.0wA p (_cuZ0 vN 512,Skypes,Bourdon,Ahem&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that. upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ApOH Signature pt : ,EAS i-o;2O LA, MEAteEIL Print Name and Title 10, I3 : -cl'ao Date Is the applicant also the owner of the subject property? 0 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 i2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® N.chart.,a,a Date 03.04.2021 Slenawre % _ Print Name Hoe N.Dao 31Page Xpert Services, LLC Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement •. • Planning&Community Development Owner Disclosure Owner Name VB Investments,LLC,a Virginia limited liability company Applicant Name Xpert Services,LLC,a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Jason Loizou,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? Yes ■ No • If yes,what is the name of the official or employee and what is the nature of the interest? a"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. `"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. 5I Xpert Services, LLC Agenda Item 13 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-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? f Yes ❑ No • If yes,identify the financial institutions. Towne Bank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? Yes ❑No • If yes,identify the real estate broker/realtor. Jason Loizou,JL Real Estate 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 NI 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 II 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 I NO • If yes,identify the engineer/surveyor/agent. 61 Xpert Services, LLC Agenda Item 13 Page 13 Disclosure Statement Disclosure Statement CkyofVirginia 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,lam 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 bod or committee in connection with this application. Owner Sig ture — 5AloN t.sxliit it( Mnrk441G M eefes Print Name and Title Date 7IPage Xpert Services, 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. Xpert Services, LLC Agenda Item 13 Page 15 Items # 13 Xpert Services, LLC [Applicant] and VB Investments, LLC [Property Owner) Conditional Use Permit (Car Wash Facility) 4937 Broad Street January 13, 2021 RECOMMENDED FOR APPROVAL- HEARD - CONDITIONS MODIFIED Mr. Dao: Yes, Mr. Chair. We are back to item number 13, for a record XPERT Services, LLC. Mr. Bourdon, can you hear us. Please state your name and comments. Mr. Bourdon: Yes, I can hear you, it sounds like we got back feed. Mr. Dao: Mr. Bourdon, please start your comments. Mr. Bourdon: Can you hear me. Ms. Smith: So, Eddie, if you mute any other devices in the room that will eliminate that feedback. Mr. Bourdon: All right, I turn the computer off, that was probably the source. Mr. Dao: Okay, that is working better Eddie. Thank you. Mr. Bourdon: Sorry, first of all, before I get started let me apologize to the Commission and for any speakers as most of you know I am not technologically very adept and apparently there is a problem with the speaker on this new laptop they got me. All right, Mr. Chairman and Members of the Commission, Eddie Bourdon Virginia Beach Attorney representing XPERT Services, LLC. This is an application by the owners of this property who own A & G Auto Sales. The property is zoned B2 general commercial district, which is all of you know permits scores of by-right commercial and retail uses. Some of those 1 uses are commercial kennels, animal shelters, childcare centers, eating and drinking establishments, food take out, liquor stores, all manner of personal service businesses, wine tasting rooms, all manner of retail uses and beverage manufacturing. Almost seven years ago, my client leased this property to Forever Home, a large dog rescue operation, which was a commercial kennel use. It operated here until September of 2019. The kennel housed scores of large dogs mostly Pit Bulls in the structure and the fenced rear yard. Frankly, they were far from a stellar tenant and I can attest to that because I was in the building. They defaulted, the building was in unbelievably bad shape, terrible, feces everywhere, a lot of barking dogs. We are certain that the residents across Broad Street and in the vicinity were happy when my client was finally able to retake possession of the property from the tenants. When my client regained possession, they had to expend over $40,000 in interior, repairs, and exterminating services and cleanup in and around the structure. My clients still have to paint the exterior of the structure, which is planned for this year and the roof will need to be replaced in a few years. My clients were approached by another commercial kennel operator about leasing the property for a kennel a doggy daycare, however, my clients felt, given their experience with forever home that they should go in a quieter and cleaner direction. In addition, the circumstances that they are dealing with, with a rented space at the West End of Broad Street that they have used for detailing for some time, have pushed them to relocate. Unconditional B2 zoning exists along the entirety the south side of this section of Broad Street to the west, this site is a large chain link fence enclosed vehicle storage yard. To the south is another chain-link fence close storage yard for jet skis, motorcycles, and some vehicles, 2 along with structures housing repair and maintenance facilities for motorcycles and jet skis as well as The Rising Sun boat repair business. To our East there is an undeveloped B2 commercial parcel. With the exception of the structure on my client's property, there are no structures located and adjacent to the south side of the Broad Street in this block that are remotely residential in character, nor can any property, including my client's property be used residentially. Also, there are no other similar properties on this block that host two very large oak trees as my client's property does. Unfortunately, the washing of motor vehicles on a commercially zoned property, which is not and cannot be occupied as a residence such as this property, requires a Conditional Use Permit under Section 228.1 of the Zoning Ordinance for "carwash facilities." The term or designation, carwash facilities is not defined in our CZO. Webster's includes a definition of facilities as a plant or installation. And, Subsection B of Section 228.1 of our Zoning Ordinance provides a minimum of three off-street parking spaces for automobiles, shall be provided for each carwash space within the facility. Unless otherwise provided in a condition of the use permit. Clearly this code section is dealing with commercial carwash facilities. It is likely that the required characterization of my client's desired use of his property as a carwash facility has caused confusion in this case, as there is no publicly available facility for the washing of cars for a fee being proposed for construction or installation on this property, no additions to the property at all. There is no public retail carwash component of this use on this property as proposed by the owners, I make that very, very clear. The owner is solely desire to hand wash and detail their own vehicles which they sell on their auto sales lot. As Staff is also fully aware no more than two employees will be on the site, one will wash cars with a hose one 3 at a time and hand chamois dry the car. The other is in the garage structure that opens up to the back of the property, where he will be detailing the already washed and dried car in the garage. And, this is not visible from Broad Street. A car will not be washed at any point in time or detailed prior to 09:00 am or after 05:30 pm, Monday through Saturday and it would not happen every day, and no more than six to eight cars max can be done per day. No cars will be parked in front of, the side, or in the road around the property, Broad Street, or the sub-street that will be accessing the back of the property. There is no signage that will be placed on the property. There will be no traffic generation, other than the moving of the limited number of vehicles from the car lot to the site for washing and detailing and, one or two at a time. Frankly, the traffic generation would not exceed the average generation of residents on the property. And, while we asked for the ability to park two employee cars, the two employee cars in the existing front parking lot, which is a commercial lot, even though it is small on the site and four cars being washed and detailed in the back for a total of six. Staff recommended only four on the entire site, which my client can deal with and we will work within that limitation. This is obviously an interim or holding pattern use, but as strictly conditioned, and I would absolutely characterize these nine conditions in your report as strict and if you want to add some more we will listen. I frankly cannot envision a use of this B2 zone property, which is fronting on and only accessible from Broad Street that could be less impactful to the residential uses on the north side of Broad Street than this one. If the site were to be redeveloped as opposed to this adaptive reuse of the existing property, the two large oak trees and the existing converted former residential structure would be removed and there would be 4 far, far more traffic including trips by persons not familiar with the area looking for whatever business or businesses were on this property, and that would occur only using Broad Street. We respectfully, but clearly disagree with Staff's recommendation. We do, however, appreciate both Hoa and Carolyn Smith working with us and we are in agreement with all of the proposed conditions. We would request that the Commission recommend approval of this use as strictly limited by the Staff's conditions, and I will be happy to stand by for questions and appreciate being given the opportunity to respond to any opposition. Thank you. Mr. Weiner: Thank you, Mr. Bourdon. Do have any questions for Mr. Bourdon. Mr. Alcaraz. Mr. Alcaraz: Yeah, Mr. Bourdon, I guess we heard some opposition emails, but there is a noise factor that was brought up. Are you saying they are doing everything inside as far as the detailing and the vacuuming and all that. Mr. Bourdon: Correct. Everything is done in a big garage, other than the exterior hand wash with a hose and hand chamois to dry the vehicle and then moved vehicles in the garage and all of the detailing work is within the garage and the only opening is to the south towards the Boulevard. Mr. Weiner: Any other questions. Mr. Wall. Mr. Wall: What is being done in the back with the gravel lots, you may have mentioned and I may have missed it, but because you can't even get in the garage currently. Mr. Bourdon: I am sorry, that is a very good question Mr. Wall. The back that they will have to do a partial site plan, they are going to have to put in a BMPs most likely be bio-retention beds, but the back of the property 5 because that is where the dogs tore it up, and they were mostly pit bulls and they dug, and dug, and dug the back of the back of the property is a nightmare in terms of the grounds. I mean, they will they will have to make improvements to the back of the property per a site plan which will have to be submitted and reviewed to include BMPs for the minimal amount of water but they still have to capture the water one of the conditions requires that. So, the back of the property will have to be refurbished and that will probably involve some manner of fill whether it is sand, a combination of sand and gravel, but that is to be determined through the review process. We certainly want to minimize to the greatest degree possible the amount of stormwater runoff period, but that is something that will be handled during the site plan review, but that is an excellent question. Mr. Weiner: Any other questions for Mr. Bourdon. Okay, Hoa, do we have any more speakers. Mr. Dao: We have two speakers registered for this item, the first speaker is Lorraine Samko, followed by Beauregard Mabe. Ms. Samko, you have 10 minutes to speak as you represent a Civic League, please by stating your name for the record and begin your comments. Ms. Samko: My name is Lorraine Samko, and I am the president of Aragona Village Civic League. And, I have a prepared statement, everybody can hear me. Good afternoon ladies and gentlemen of the Planning Commission. I appreciate your time today and your service to our City. I am the Lorraine Samko, I am the president of Aragona Village Civic League, and I am a 30-year resident of Sirine Avenue in Aragona Village. Aragona Village is opposed to allowing the property of 4937 Broad Street to be granted the variance to convert the property to a carwash. Residents have weighed into their Civic 6 League through our media communications via email, Facebook, next door, and Zoom meetings. The majority of residents including 90% of the responses to an online poll, being no, a carwash is not the right business to locate at 4937 Broad Street. Your vote to preserve our neighborhood and protect our residents from further egregious encroachment of this section of our community must be made. Aragona Village was conceived and brought to life by John Aragona in the late 1950s. He envisioned comfortable homes at modest prices. Homes for families, and where the children in those families can safely play and with streets that are vehicle and pedestrian safe for residents. We are the first planned development on the western side of the city and boasted over 3,000 homes with inception. First time buyers, many returning after military service abroad travelled on mud and dirt roads to see the new models named after ducks, such as the Teal and the Mallard. Today Aragona Village still captures much of the charm of its beginnings. Most of our families are basic working middle class and our neighborhood is still one of the most affordable for single family homes in the city. We were in the midst of change since the initial owners for passing the torch and a new generation takes route. Many of our homes on the market now first purchase by renovation buyers and sold with beautiful updates thus increasing our value. We now have 2989 homes according to the City of Virginia Beach tax records, making us the second largest neighborhood in the City. And, we are consistently in the top 10 of real estate tax revenues produced out of 856 neighborhoods. Based on calculations and estimates derived from the City of Virginia Beach Real Estate Assessors annual reports posted from 2016 to 2020. We are normally fourth, fifth, or sixth, which is not bad for 60-year-old neighborhood. 7 The origins of how Broad Street, mainly between Rosemarie and Southgate, have become commercial on its Virginia Beach Boulevard side is still being researched. It is also still in question that the City actually plans at some point to protect residents by modifying access to Broad Street and installing screens, fencing to buffer the commercial parchment. With evidence today indicates the intention and initial design for both sides of Broad Street, from Rose Marie to Southgate, was residential housing. Several residences on the commercial side of Broad Street remain and are matching the original home still existing. Additionally, it would be unusual to build homes to front facing to either the front or back of commercial property. Yet, 15 homes do just that. The current commercial environment along Broad Street consists mainly of second hand car dealerships. Neighbors have had problems for years with these car dealerships, having no concern for our neighborhood our the residents. They speed and test drive vehicles, load and unload commercial trucks daily, and park their excess inventory into the side streets, causing traffic hazards for residents and dangerous walking conditions for children. And, yes, neighbors in Aragona Village Civic League have brought the City officials attention, and the offenders claim up their act for about a week, and then return their shameful abuse. We requested reports obtained from Virginia Beach Police Department, they were 292 speeding and excess of 25 mph traffic violations in the corner of Broad Street, Rose Marie, Dorset, and Jeanne Street in a 3-year period. This is directly, the three block radius across from the applicant's property. Many main roads do not see that much activity. Through the years the applicants which were involved the ownership of some of the adjacent car dealerships along with the other car dealerships have done nothing to 8 permanently remedy this egregious behavior. It is likely, if the owner has given this inch, he will take a mile. This is to refresh your memory, the location that was leased to a pet rescue in 2017, and which the adopted pet killed a family member in the Pembroke Manner neighborhood into which he was adopted. It is reasonable to believe that the owner will begin parking even more cars onto the property and into the neighborhood interior if this plan is allowed. As well, we suspect attempts will be made to lease or acquire the adjacent vacant lot to continue expanding their dealerships into the neighborhood interior. And, final concerns the environmental expert about oozing from the carwash as well as the additional traffic that will come from such a proposed facility is troubling to residents and the right to a quality of life and quiet enjoyment of their property. And, yes, we are well aware of the type of car wash facility being requested and it is not welcomed. We would welcome a low staff, no foot traffic, quiet, clean, and passive business at the location, since it is zoned for business use. We do not accept the current proposal for the carwash and ask that you support our residential neighborhood of Aragona Village and vote no, to the proposed variance. I thank you again for your time and I will be happy to answer any questions. Mr. Weiner: Thank you, are there any questions. No, questions. Hoa, next speaker please. Mr. Dao: Last speaker is Mabe Beauregard. Mr. Beauregard please start by stating your name for the record and you may begin your comments. Mr. Mabe: Hello, my name is Beauregard Mabe, and I reside on Rose Marie Avenue. I am here to speak about my disapproval of this plan for a carwash, for myself and my neighbors. Understand that the side of 9 Broad Street is commercial. Even though the buildings look exactly like my house where my two daughters and wife live with me. We live in a tri-level house, just like a good portion of Aragona resides. A few houses on that side of Broad Street still have families living in them. And, they are 5009, 5005, and 5001, which is between Grenfell and Dorset. XPERT services is already located a block away from A & G auto in an actual steel frame commercial building alongside other businesses further down Broad Street. So, why move into a house further away, may you ask. Well, most of my neighbors asked that same question, per the site, as this plans new location has six existing parking spots, which face residential houses. Xpert services currently location only has parking facing Virginia Beach Boulevard per detailed description on the application. The last sentence they stated, was the facility will be operated in a first class manner and only operational, ready to drive, ready to sell vehicles belong to A & G will be on the property any given time. To me, that sounds like dealer overflow parking. We have already lost houses on that side where dealers have started tearing down houses, tearing down other big trees, just like the owner states that the two oak trees that are currently on this location. And, they paved over lots, and four put gravel down to make extra parking for cars. We fought all this business for years, and we did win one where they put up fences and bushes right behind the Volvo dealership which is adjacent to this location. At that part of Broad Street is an eyesore and we do not need another active business with a consistent supply of vehicles, trash, noise, traffic, environmental issues. There is a vacant lot next door as Lorraine stated that my daughter actually plays at, and so does a lot of other residential children on this side of Aragona, 10 because we do not have many green spaces. And, I ask you to please, please say no to this. And, thank you for your time. Mr. Weiner: Thank you. Any questions for the speaker. All right, Hoa, that is a last speaker, that is correct. Mr. Dao: Yes, sir. Mr. Weiner: All right. Mr. Bourdon are you still unmuted. Mr. Bourdon: Thank you, Mr. Chairman. A lot of the comments, the ones that at least were not slanderous were, actually I am agreeing with a lot of them. What needs to be made as clear as I can, is that my clients are moving to this location because the facility that they are currently renting in a building of multiple facilities has other businesses that are doing not only detailing but they are doing car modification work, and they park everywhere. My clients have never parked and do not park any of their vehicles in any public right of way. And, and because of these other people who are working in other flex suites and this other building, they have cars parked in their three parking spots some of the time. It is been a nightmare with some of the other tenants and that is, we are a tenant in that building and they want out of there. And that is why they want to use this property in a manner that truly will be far, far less impactful than any business use would take place in this property. And that is all they can take place on this property, and I know you will recognize that fact. My clients do not operate the way other businesses down there are operating and my clients do not ever park their cars in any public right of way. And, obviously, you all read the conditions attached to this, no vehicles can be parked in front of this property, none can be parked in the street. Only four on-site at any given time, and there would not be anybody coming and going there other than the employees 11 bringing the car from the For Sale lot here to the wash and detailed and back. It is not a parking lot. It is not a maintenance facility, they have a separate maintenance facility elsewhere, and it is on Newtown Road. There is no use for this property, other than to store company documents, records in the building, and the very extremely limited use to wash and detail by hand cars behind the building in the fenced-in area. And that is to suggest that is going to create traffic and all the hazards and the and what have you. I would hate to be the gentleman's daughter playing next door when all those pit bulls were there and we agree, my clients tried for years to get them out of the property. It is unfortunate that is you know who it was leased to by, my clients they thought it was a good thing that they were doing to rescue dogs. But, when they were approached by putting another although, certainly not of that caliber, facility in their daycare in a kennel itself. We had had enough, I cannot imagine that the people across the street would want to see another kennel there or any number of other uses that are allowed by right. This gives the neighborhood the opportunity, they can put their eyes on it and their ears on it and see, day in and day out that it is not be impactful for them. And, if you want to put a condition on it that Staff reviews it compliance with a year something like that, we are fine with that too. We are trying to be good neighbor. We are not imposed and feel bad. Forever Home was a tenant and my clients did not have anything to do with their operations whatsoever. And, they had a hard time getting them out. I would be happy to answer any questions about the specifics of the conditions. I cannot imagine that any of the conditions that are attached this application, do not already clearly address the concerns that were expressed. 12 Mr. Weiner: Sounds good, hold on one second Mr. Redmond. Staff, Mr. Wall is trying to join us back in, if you can try and see if he can bring him in. He is offline. Mr. Redmond, do you have a question. Mr. Redmond: Yes, I have a question for Mr. Bourdon. Mr. Bourdon can you address the comment about cars ready for sale and the meaning of that. Mr. Bourdon: No car that is brought to this site to be hand washed and detailed, can be in any state of disrepair. This is not a repair facility where no work is going to be done on any car. So, that was a wording that was put in there because we want to make it clear that this was in no way a facility that will be used to modify a vehicle or a repair a vehicle or do anything to the vehicle, other than to simply hand wash with a hose and detail in the garage. That is it just like a lot of residents do on weekends on their own cars. Obviously, it is a little bit more than that, but, frankly, compared to all the other uses that this property could be put to. I just have a hard time that there is any less impactful use and one that would continue to maintain those trees and that structure for the future, not necessarily forever, but my client has no intent and nor could they attempt to put a car dealership on that piece of property or that piece of property in the one that he is talking about that we do not own that I believe is owned by Cycle World. We are trying to do that with all the landscaping. I mean you talked about the landscaping in front of the car lot that Volvo has, it goes all the way out to the edge of Broad Street, the Staff requiring us to do the same thing in front of this structure. Again, no cars, based on these conditions we parked in the parking lot that exists in front of this structure on this property. Thank you. 13 Mr. Redmond: Thank you. Mr. Weiner: Mr. Inman, do you have a question for Mr. Bourdon. Mr. Inman: I do. I am thinking maybe the question, Mr. Redmond had to do with selling cars on this site, and the conditions do not prohibit having vehicles marketed on the site. Number two, condition two says there will be no more than four vehicles parked on the subject property any one time. And, in no case shall the number of vehicles brought to the site and for detailing exceed 10 per day. So, perhaps we need to add a token to that condition and the vehicle shall not being shown for sale on that particular site, so, that this does not become a sales location as opposed to storage and preparation location. Is that suitable? Mr. Bourdon: Mr. Chairman, can I respond. Mr. Weiner: Yeah, sure can you go ahead Mr. Bourdon. Mr. Bourdon: First of all, that would necessitate a Conditional Use Permit for motor vehicle sales which is not the case here, but we have no objection to any condition that you wish to place on there about the fact that no cars will be offered for sale, marked for sale. There will be no markings whatsoever on the vehicles, these have to be licensed, operable, ready to be sold. So, any conditions you all wish to place on there in that regard we are in full agreement with this, not a Conditional Use Permit to sell vehicles and I would never have even dreamed of trying to put that on this property on this street. Thank you. Mr. Weiner: Mr. Graham, do you have a question. Mr. Graham: I do. Mr. Bourdon, is your client extending with the exterior of the building. 14 Mr. Bourdon: Mr. Graham, it kind of broke up on my, he is going to paint the exterior of the building this year. It has not been done yet because he spent the $40,000 fixing the interior of the building and Staff actually has pictures we sent them some before and after pictures of what this place looked like when they got it back from the Forever Home folks, but yes, the exterior of the building will be painted this year and in regardless I believe it will be painted this year. Although, if this use is not permitted it will be, I am not sure what use other than going back to talking about earlier, but yeah, so painted this year, and it will have to be landscaped per the condition, all along the front of the property. We have proposed some foundation landscaping but if we put the full landscaping across the entire frontage, I do not know that the foundation landscaping would even be visible. But the answer to your question with painting is yes, if that is all the question was Mr. Graham I did break up on me. Mr. Wall: Yeah, that was my question. The building, obviously, it is in bad shape. Normally we would be doing some renovations to a building or tearing it down and building a new building. It sounds like to put a coat of paint on it and upgrade the lane is what we are looking for. Mr. Bourdon: Mr. Chairman, if the building were going to be torn down and an investment made of that nature then clearly, this use would not make any sense on the property. It would be something far more intrusive and far more generating of traffic. If given all of the uses that are allowed that the Planning Commission and City Council etc. do not even have any, and the neighborhood have to say so over. So, I mean this is an attempt to try to maintain, improve it, a lot compared to what it was with the Home Forever folks, but to improve it make it look a lot nicer and at the same time minimize the use to one that is 15 already present at the West End of Broad Street in a facility with our moving out. Hopefully, there will be some attention given and it would not be pointed at my clients, because one of the emails I read basically is trying to accuse them of being the source of the problem down there, which is nothing could be further from the truth. And, we have not done any parking of vehicles on any streets down there. We are operating at a minimal with the three parking spaces in the flex suite, doing pretty much the same we are talking about doing here, six to eight vehicles a day, and not necessarily every day inside the flex suite with the three parking spaces out front as was described. And, we want to get away from there because it is problematic. A lot of what was said we agree with entirely with regard to down there. But we are trying to get away from that and we will be out there on the island, you will be able to see that we are complying and doing everything that we say we are going to do. And at the same time, I believe such a betterment for this piece of property over tearing it down, taking out the trees, putting a bigger parking lot in, and a new building of some sort. Or allowing another dog facility to go in there and there is already an interest there, but this was we thought the best thing we could do for our own peace of mind, getting away from where they are today, and not imposing on the people who have had to live across the street. These folks do not and again, I do not in any way attempt to suggest that they are a lot of their concerns about some of the things that may be going on the West End of Broad Street are not valid, we think they actually are. But, we are not a part of that and we want to make sure it is clear that we are not a part of that and that is what this will provide as well as, again just adaptively reusing the property. But, we certainly would not tear the house down, the former house down that 16 cannot be used as a residence. We certainly would not tear that down and then you do it for this very, very limited purpose. That would be something more substantial clearly. Mr. Weiner: Ms. Klein, do you have a question. Ms. Klein: Mr. Graham addressed it. Thank you. Mr. Weiner: Okay, Thank you. Are there other questions for Mr. Bourdon. All right, and that is all of our speakers correct. Mr. Redmond, we are going to send this to you. Mr. Redmond: Mr. Weiner, first thing let me say is Aragona is a great neighborhood. I think Aragona is one of the greatest potential investment opportunities in the City. So, let me just say that, I have a lot of friends in Aragona, the great houses, great lots, I could go on and on and on and on and on so I cannot speak enough about Aragona. However, all that said, I have to agree with what Mr. Bourdon said in the sense that, I am having a hard time figuring out what would be the less impactful than what this application is asking for, A. it is a commercial property, it is zoned B2, which is the least restrictive commercial zoning that there is. They are talking about six to eight, the conditions that the Staff put in the application say not to exceed 10 per day, which means what one an hour, one-tenth of a car an hour. That would be coming to this site where only two people would work, they are been washing cars. I washed my car by hand, it is not impactful to any of my neighbors, and none of them complain when I wash my car. So, I do not understand I think there may well be a very, very deep misconception about what is meant by a car washing facility. This is not an Auto Bell, it is simply a private use of a very small number of vehicles in a commercial property, which as far as I can tell has some very strict limitations that make it 17 extremely unimpactful, if there is such a word. So, very frankly I have to tell you, I went over there a couple times and I am well familiar with the street anyway. But, it is not that busy, this is not Independence Boulevard it is part of Broad Street. So, the idea that there are these great dangers that are attached to the idea of a couple of guys washing eight cars a day, I just do not see how that's you know even possible. So, in any event, I think it is an appropriate use for this structure, it is kind of an oddball looks like a house, it was a house but it is a B2 property on the commercial side of the street. I just cannot seem to figure out what is going to cause any kind of harm with this use. So, I am going to support it. Mr. Weiner: Sounds good. Any other comments, Mr. Inman. Mr. Inman: Thank you, Mr. Weiner. I want to ask the Staff, is there any definition of carwash in the zoning code. Mr. Dao: In the Zoning Ordinance, there is a bunch of uses that fall under the umbrella for a carwash facility and the detailing services of motor vehicles is under that umbrella. Therefore, that is why the request is for a carwash facility, does that answer to your question? Mr. Inman: Yes, it does answer my question. It is rather curious, but in any event, therefore, even if this is an academic question, I really do not expect this to happen, but assuming that there was no car washing with water on the this property would it require a use permit and I think from your last answer sounds like well, they are doing detailing, it is still a carwash. Mr. Dao: That is correct Mr. Inman. Mr. Inman: Okay. 18 Mr. Kemp: Yes, I can add just a little bit of background, that was an interpretation made by my predecessor Karen Lasley, years ago. So, it is one we are bound by. Mr. Inman: Okay. All right. Nevertheless, I have to say that I think what is being proposed here is. I am sorry that I think a lot of opposition has been misled by the use of word carwash. I think maybe the orange sign that is posted say carwash. Mr. Dao: Yes it does. Mr. Inman: Okay. So, therefore, they are immediately thinking Auto Bell. And, that has generated all this concern. And, there is probably some misconception or misunderstanding on the part of the public that one can create all these conditions which they have, which basically addresses all of their concerns, and we are using this applicant wants to use this facility for very, very strict and basic preparation of vehicles for sale. And, with washing it on the other side away from Broad Street and it gets very unimpactful, using that word David was struggling with too. On the community, there is just not going to be that much activity here, the parking is limited to four. I am going to propose an additional condition that says that there shall be no sale of vehicles or for sale signs on any vehicle on the property, which Mr. Bourdon indicated would be fine because you would have to have a different use permit to do that. Anyway, but I think that might give some comfort to the citizens that are opposing this, that this is not going to mutate into something that they were worried about. And, I think there are very strict conditions on this that Mr. Bourdon has gone over. And, I think with that additional condition, I would hope that the opposition would be comforted by how restricted the use will be. 19 Mr. Weiner: Thank you, Mr. Inman. Any other questions, Mr. Wall. Mr. Wall: I agree with all that and one thing though is, I think that I cannot speak for the Civic League President or for the Civic League or anything about Aragona. But it does appear is that they are trying to improve and maintain a strong neighborhood. And, it may not necessarily be this one business, because I certainly do agree with all the low intensity that this business will provide. But, I think that it is more of the infringement impacts of the whole aspect of what goes on out on Virginia Beach Boulevard with car sales, operation and businesses themselves, infringing into the neighborhood. So, that is what I see with the opposition with this application as it is not just this it is the whole element of the business moving on the Broad Street and to infringing into the neighborhood. That is all I have. Mr. Weiner: Ms. Oliver. Ms. Oliver: Thank you. Couple of things, I do not think from listening to the President of the Civic League, they were under the impression this was an Auto Bell. She stated very clearly when she read her opposition letter that they very clear as far as they understood what the use was going to be. I do have a question for Staff, how long has this applicant owned this piece of property. Mr. Dao: That would be an appropriate question to ask Mr. Bourdon. Mr. Bourdon: I know they have owned the property for at least eight years they may have owned it for longer than that, I know that most of the leasing of the property to the dog rescue operation. I do not think that they have owned it for like 30 years, but I know they have owned it for at least eight and it could somewhat longer than that. Ms. Oliver: Great, thank you. So, I appreciate that, Mr. Bourdon. So, to be honest with you all we were out there and stood around that piece 20 of property and if the applicant has owned it for that long and this left it in that kind of conditions, I have to go with Staff on this. One, it is definitely in disrepair and has seemed like it has been in disrepair for some time. And, I am going to have to support the Staff on this one. But, thank you. Mr. Weiner: Any other comments. Mr. Coston: Yes, this is Coston. I think the number four condition covers that car should not be there for sale, it talks about them having to be there awaiting detailing only. I also think that we are only doing this because the properties are not connected. This is what you would consider an ancillary use, which is a byproduct of being in the business of selling cars and needing to wash them. And normally, you do not have to have a Conditional Use Permit to wash cars at a car dealership. So, I am going to support approval. Mr. Weiner: Okay. Mr. Redmond. Mr. Redmond: Mr. Chairman, I move approval of the application. Mr. Weiner: All right, we have made approval of the application by Mr. Redmond. Do we have a second. Mr. Coston: Second. Mr. Weiner: We have a second by Mr. Coston. Do we want to look at any conditions, Mr. Inman are we good. Mr. Redmond: Yeah, Mike, you wanted to add I am sorry let me get Mike in here. I want to add a condition that no car shall be displayed or offered for sale on the property, and no car shall have any kind of signage advertising them for sale, while on the property. Mr. Weiner: Sounds good. 21 Mr., Inman: That is it what I had suggested. Mr. Redmond: Okay, great. Thank you. Mr. Weiner: All right, we have a motion by Mr. Redmond and a second by Mr. Coston, we are ready for the vote. Ms. Coleman: If you are in favor of the motion say, yes. And, if you are opposed say, no. Ms. Coleman: Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Weiner: It looks like Mr. Graham is offline. Ms. Coleman: Okay, I will mark him as absent. Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: No. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: No, and Mr. Graham text me and said he cannot get back in to vote, and he said he might need some help. Mr. Weiner: Yeah, I think he need to. 22 Ms. Coleman: Okay, we will work with him to do that. Vice Chair Wall. Mr. Wall: No. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Yes. Mr. Weiner: And, just for the record Mr. Graham is back online. Ms. Coleman: Okay, Mr. Graham do you have a vote for this item. Mr. Redmond: Was he able to hear that motion. Ms. Coleman: The motion was to approve the application with the added condition. Mr. Graham: It is no. Ms. Coleman: Okay, he said no. Okay. By recorded vote of six for and four against, Agenda item 13 has been approved with the added condition that there should be no sale of vehicles on the site and no signage advertising vehicles for sale on the property. AYE 6 NAY 4 ABS ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham NAY Horsley AYE Inman AYE Klein NAY Oliver NAY Redmond AYE Wall NAY Weiner AYE 23 CONDITIONS: 1. Except for the ingress/egress point and where possible, the applicant shall install and maintain a minimum six-foot tall hedgerow along the entire length of the property on Broad Street. New plant material shall be at least four feet tall at the time of installation and appropriately spaced as per the species. A Landscape Plan shall be submitted to the Planning Department for review and ultimate approval. Plant material required by the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy for the Conditional Use Permit. 2. There shall be no more than four (4) vehicles parked on the subject property at any one time. In no case shall the number of vehicles brought to the site for detailing exceed 10 per day. 3. Vehicles associated with the operation, employees or otherwise, shall not be parked on any portion of the public right-of-way or the paved roadway/driveway west of the building. 4. There shall be no automotive repair work performed on this site nor shall there be any outdoor storage of materials, vehicles, equipment, or vehicles other than those awaiting detailing and as conditioned herein. 5. All automotive detailing shall be limited to only inside the garage, and the handwashing of vehicles within the enclosed fenced in area in the rear of the site. 6. The hours of operation shall be between 9:00 a.m. to 5:30 p.m., Monday through Saturday. 7. There shall be no sale of vehicles or signage on-site to identify the business. 8. The proposed use shall comply with the provisions of Section 228.1 of the Zoning Ordinance for a Car Wash Facility. 9. The existing vehicular access point shall be upgraded to a commercial entrance that meets Public Works Standards. All approvals and permits associated with this upgrade shall be obtained prior to the commencement of any work in the right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development 24 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. 25 From: lorraine samko<sphaedra757@gmail.com> Sent:Sunday,January 3, 2021 10:46 AM To: Robert "Bobby"J. Tajan <rtajan@vbgov.com> Cc:John D. Moss<johndmoss4109@gmail.com>; Ronald H. Williams Jr. <RWilliams@vbgov.com>; Louis R.Jones<Ijones@hollomon-brown.com> Subject: Re: Broad Street property and Facebook Post 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 morning Mr.Tajan. Our community is concerned about the current application for rezoning at 4937 Broad St. and with that we DO NOT want this approved. In the simplest form, it is not an appropriate location for a commercial enterprise that performs a non- passive activity. And this leads to a greater concern of the push to commercialize the southern side of Broad St. between Aragona Blvd and Withduck. With family occupied residential homes facing the forced commercial side,the aesthetics are not value inducing for homeowners and the activities of some of the businesses are threatening to the resident's right of quiet enjoyment of their property. I say forced because there were single family homes facing Broad St. on that southern side at inception. I still do not have a clear picture of how this street came to be in the state it is in; prior to my civic league participation. What I have heard is that there was a plan akin to the side of Broad St. between Aragona Blvd. and Independence Blvd.for office development and appropriate barriers between residential and office commercial. I have never seen this concept that supposedly came from the CVB. What we have in reality is multiple low rent car dealerships who could care less about the resident's quality of life. Some of these dealership owners have bought a few of the SF homes on Broad and the close interior streets and house some workers under questionable circumstances. They install driveways in the night where grass once stood and park multiple cars from the dealerships there. They park cars up and down the residential streets their businesses abut so there is no traffic visibility and they do not discourage their clients or workers from using our streets for test driving cars with many revving and speeding while our children use those streets for play and walking to school. I happened to be on Broad St. a few years ago when I saw the SWAT team gearing up at Iceland in the parking lot. Turns out they went down 2 blocks and raided a home that one of the dealerships owns, supposedly as a house of"ill repute". I personally reached out a few years ago and zoning, I believe,got involved and spoke to dealers parking cars illegally on the streets. The businesses moved the cars parked on the streets for about a week and then went right back to parking them there. If they are not legally bound and incentivized via enforcement to do right,then what recourse do we have? They act with impunity and get away with it. We should not have to air repeated grievances to the news media to get our city government to help its citizens: like with the resident on Linshaw Ln. that finally got the city's attention to clean up his junk yard when neighbors went to 10 On Your Side. He acted with impunity FOR YEARS;the city offices went through the motions and channels FOR YEARS and nothing got done. I thank you for your time and look forward to speaking with you soon. Regards, Lorraine Samko President Aragona Village Civic League Hoa N. Dao From: carolina_blue@cox.net Sent: Tuesday, January 12, 2021 7:26 PM To: Aragona Village Civic League; Hoa N. Dao; galcarazvbpc@icloud.com; wgrahamVBPC@icloud.com; horsley_don@yahoo.com; mainman@inmanstrickler.com; branch.oliver@gmail.com; dredmondvbpc@icloud.com;johnhcoston@gmail.com; RKleinVBPC@icloud.com;jckwall@aol.com; dweiner@batchelder-brick.com; Bob M. Dyer;James L.Wood;Jessica P.Abbott; Michael Berlucchi; Barbara Henley; Louis R.Jones;John D. Moss; Aaron R. Rouse; Guy K.Tower; Rosemary C.Wilson; Sabrina D. Wooten Cc: Beauregard Mabe; the.simply.goldenl@gmail.com; carolina_blue@cox.net Subject: 4937 Broad Street Car Wash Proposal 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, This letter is being written in regards to the proposed Car Wash project located at 4937 Broad Street. After reviewing the proposed plans, I have become very disturbed and concerned for the safety of the people, (especially the children) and quality of life of my Aragona Village Neighborhood. I have been a resident here approaching 30 years and have enjoyed the quiet and peaceful environment it has offered. With this proposal, I now feel somewhat bullied and infringed upon as well as my neighbors. Firstly, I believe this is NOT the proper business venue that should be considered in an established residential neighborhood. The additional vehicular traffic, street parking, loitering,foot traffic and noise generated by this business will be a detriment to our current livelihood. I am also concerned how the City of Virginia Beach will manage, control and treat the waste water generated as well the chemicals and cleaning supplies that will be used to clean vehicles.That poses a huge environmental concern for us. I moved here because it was quiet neighborhood with no commercial business traffic. With this proposal, I consider this as encroachment as I will now have to navigate additional traffic that will pour onto Broad Street and Opal Avenue as well as the additional test drivers speeding down Broad Street already. I believe the majority are coming from the A and G Car Dealership. I remind you that this location on Broad Street directly faces the intersection with Opal Avenue which makes this even more dangerous.That particular structure on 4739 Broad Street will need major structural upgrades to accommodate a Car Wash facility. What if the owner decides to demolish the structure and build a Parking Lot? Will the owner be allowed to lease parking space to other businesses for profit?We DO NOT want this. It just opens the flood gate that will be used to park potentially hundreds of additional cars as well as those to accommodate the overflow from the A and G car dealership. I believe that securing the building for a Car Wash is just a precursor of acquiring the vacant lot joining the property down to Rose Marie for additional parking. I am genuinely concerned that future plans will include acquisition of the vacant lot for additional parking for this business. This would allow the owner to expand his business and control a large portion of Broad Street for vehicle parking along the street and around the establishment including Rose Marie. I understand that the owner also operates a business at 5040 Broad Street next door to Auto Detailz. That business is constantly cluttered with cars. During the week it is hard driving through that part of Broad Street due to traffic and parked cars on the Street. Overflow Cars are now being parked on the properties at 5013 and 5017 Broad Street in Driveways, on side streets and in Front Yards. It is very unsightly when driving by. Bottom line,there is enough through traffic on Broad Street as it stands now. Cars are constantly speeding down Broad Street while being test driven. Having that ongoing issue, in addition to the Regular Daily/Commercial Traffic,Tractor Trailor traffic and Car Carriers off-loading Cars and Trucks, we will create a larger problem. Numerous non-resident cars also speed down Opal Avenue daily as they circle back through to the A and G Car Dealership. The noise generated from the Sub Sonic Stereo equipment when Cars speed by shakes my house.This proposed business will only amplify the speeding problems, parking,traffic, noise and safety issues from Southgate down to Rose Marie and throughout. There is absolutely nothing that will be gained with this proposal and it will in NO WAY benefit the neighborhood.This is a residential neighborhood that we are talking i. about.A small business with only a few cars needed for parking would be more appropriate. But allowing hundreds of cars moving in and out of traffic to be parked along Broad Street and beyond is totally unacceptable. We DO NOT want this to be considered as a future permanent establishment in our neighborhood. I have seen my fair share of unsightly vehicles moving in and out near the 5040 Broad Street location. The majority of those vehicles have been modified with aftermarket Rims, Mufflers, Stereo equipment,Tinted windows, Lights, etc. We DO NOT want to see a continuation of this from Southgate Avenue down to Rose Marie as I enter and exit my neighborhood and onto my street. The Virginia Beach Police Department will be inundated with complaints generated from the repercussions of this proposal. Again, This is NOT the proper location for this kind of business. It is my desire that you and the Planning Board take my concerns seriously in consideration and say NO to this proposal. The taxes generated are not worth the Encroachment, Traffic, Unsightly Parking, Noise, and Safety issues placed on our residents and our existing peaceful, quiet neighborhood. I am also sending this Letter on behalf of the numerous number of residents who reside in the Aragona Village Neighborhood who have voiced their opinions and opposition with a resounding NO. I trust that the Planning Board will do the same. Respectfully Submitted, Steve Carver 340 Opal Avenue Virginia Beach, Virginia 23462-2628 2 Hoa N. Dao From: Beauregard Mabe <bthorl@verizon.net> Sent: Tuesday,January 12, 2021 9:01 PM To: Hoa N. Dao Subject: January 12, 2021 Planning Commision:4937 BROAD STREET PROPOSED REZONING FOR A CAR WASH 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 am writing to you in regards to the #13 proposal: 4937 BROAD STREET PROPOSED REZONING FOR A CAR WASH by Expert Services LLC. with a GPIN:1477055792 After reviewing all the details, plans and doing some investigation on this project myself and many of my fellow tax paying neighbors do not approve of this plan. We feel this will increase the noise, traffic, parked cars, environmental issues, and safety in our residential neighborhood. Lets start off by saying this company is a direct affiliate with A&G Auto Sales. Their sales lot is so packed with cars that customers have to park along Dorset Avenue near the Hardees. The current location of Expert Services LLC is located a block away in an actual commercial building on Broad St which holds at least 2 vehicles inside for them to detail. They do not have parking spots facing the residential houses on that street as they would if you approve these plans. Per the current plans at 4937 Broad St there is 6 existing parking spots which means lots of extra parking for A&G Auto Sales and who knows how many they could fit down the access road leading to the new garage door on the western side. Another concern is the vacant lot to the east adjoining this property at the corner of Broad and Rose Marie could be used to park more cars later down the road if this Car Wash is allowed in my neighborhood. That vacant grassy lot is where my daughter and other children play because as you know we do not have many open play area on this side of Aragona. The last sentence in their detailed description tells me they plan to store cars for A&G on these premises. Broad St traffic is already a major issue with people not fully stopping at the stop sign as they cross Rose Marie Ave and with the added vehicles and noises it will get worse. The Dog Rehab facility that was in this location was a very passive business unlike this Car Wash. We do have a few passive businesses throughout our neighborhood that work wonderfully without causing issues. Most residents have no clue about these businesses and that is perfect for a neighborhood. This Car Wash will stand out and create lots of issues just like Auto Deetalz at 5040 Broad Street suite 101. The amount of traffic increased will create a major issue for residents on that and surrounding roads. As an 11 year resident in Aragona, which is one of the highest tax revenue neighborhoods in Virginia Beach, I DO NOT approve of this proposal and I ask for you to say NO to topic#13 Regards, Beauregard Mabe 410-409-4911 tai' o o �- 3 0 v CD • o cN /7\ co ---------J o ' fD /I e � C ., ° o CCo co '/ *e�ro F;11__-___-_ o 0off- ..%i0' ,ci7: . N , . , 3' , fi (20,-0 0 5r11, ,/ o 7/ II 1 c\irf„, ss / 4 M/ c) O ilgic*Z. Ns I ("I Vit ,\, -. cu 0 C r/S.t ,- \lik 4,,tJcc 0( Aft / _ as ,/. /*-4r.4. `- \ Illk- * 74* 1 re....\\ ,,, tv Z' (\ (34; r_.............. a) fir. iiiiit 601/ r mi\ ,--/ -N / /// 70 2. \ %it / . 31 1-;'.104\\ 41ii A Lit' \ iii&o Cj7%4* ' 01i., 9 ftis iso ill° il.titS 0410 7eSell a ____-- 0 0 1 o �' . 443' � oIn _� a .� � j/ ,/ / ACC 1 C C ..u: , rryL.h2 fEL It v.Lv.z CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: NORTH LEGEND OUTFITTERS, LLC [Applicant] BENJAMIN DAVID & BROOKE HARRIS LINDBORG [Property Owners] Conditional Use Permit (Home Occupation— Retail Sales (Firearms))for the property located at 1017 Dartford Mews (GPIN 1498161975). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: March 16, 2021 ■ Background: The applicant requests a Conditional Use Permit for a Home Occupation to sell custom high-end rifles built on an individual basis, and a limited amount of outdoor and firearm related accessories from the existing single-family dwelling. Sales will be conducted on a referral and internet sales basis. No signs or advertisements are proposed for the property. • Considerations: All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery by the applicant's signature, as is required by law. No packages containing such products will be left without properly being transferred to the owner. All federally controlled items will be stored in secured steel vaults. The applicant also has an electronic security system. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff Report. One letter of support and one letter of opposition were received by Staff. A letter was also received from the Middle Plantation Civic league asserting that the proposed use is not in compliance with the existing deed restrictions for properties located within the subdivision. The City is not responsible for enforcing private deed restrictions or covenants. There were no speakers at the Planning Commission public hearing. North Legend Outfitters, LLC Page 2 of 3 • Recommendation: On February 10, 2021 , the Planning Commission passed a motion to recommend approval of this request by a recorded vote of 10-0. 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than four (4) hand-to-hand transactions per month at the dwelling. 6. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. There shall be no more than one (1) employees, other than the homeowner, on the property associated with this home-based business. 8. This Conditional Use Permit is limited to the applicant only, as the main provider of the Firearm Sales Home Occupation. 9. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 10.There shall be no test firing of firearms on the site. 11.The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. North Legend Outfitters, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Letter of Opposition (1) Letter from Middle Plantation Civic League Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department L7 City Manager: Applicant North Legend Outfitters, LLC Agenda Item Property Owners Benjamin David & Brooke Harris Lindborg B Planning Commission Public Hearing February 10, 2021 City,„ City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Home Occupation— Retail Sales (Firearms)) Q c rrcJ,nc Staff Recommendation J4R°�° `y^„ "a°'a Approval 004, Staff Planner 1 eb,.-.° Marchelle Coleman 1 /?' 3Japie,O°C Location 7 1017 Dartford Mews ( I ,i- Y J GPIN , \\ 1498161975 ' / ` "`1 i Site Size Cten Ed e^piny en4cJq chase 28,005 square feet Mina,ePlint AICUZ dno„ou r ''H G� �T�c Less than 65 dB DNL sT,"s°" Watershed Chesapeake Bay Existing Land Use and Zoning District I,' 4`'-* H,y,,BQF • " . vA-it Single-family dwelling/R-20 Residential r f ' '.r. -.it ouGH l, r Surrounding Land Uses and Zoning Districts . .° ,°�- North • y ,<, •,• it filosi ,Y v ., Single-family dwelling/ R-20 Residential hlk ': .rt;r . N.. r-NW South )lk 1 Dartford Mews ,0 f ask i Single-family dwellings/ R-20 Residential fit;' ,vE.'` ~ _ East / ,j! .� . Single-family dwelling/ R-20 Residential '.. -a,,3 . "� ` �' West r, /e4,4 . " f c-, .. . i Single-family dwelling/ R-20 Residential . .. t — A i in%A\ z tea. 11 i North Legend Outfitters, LLC Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant requests a Conditional Use Permit for a Home Occupation to sell high-end custom built rifles on an individual basis,and a limited amount of outdoor and firearm related accessories from the existing single-family dwelling in the R-20 Residential District. • Sales will be conducted on a referral and internet sales basis. No signs or advertisements are proposed for the property. • All shipments in which either a firearm or federally controlled item is exchanged will be secured upon delivery by the applicant's signature,as is required by law. No packages containing such products will be left without properly being transferred to the owner. • All federally controlled items will be stored in secured steel vaults.The applicant also has an electronic security system. • The applicant has obtained a Federal Firearms License(FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives(ATF)for his business.All firearms that are on the site will be required to be secured in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Niph B0ROuco No Zoning History to Report 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—ConditionalRezoning STC—StreetClosure SVR—SubdivisionVariance STR—Short Term Rental Evaluation & Recommendation The proposed request to operate a Home Occupation—Retail Sales (Firearms)from the existing single-family dwelling, in Staff's opinion, is acceptable.The Home Occupation will not change the character of the neighborhood,as it is a very low intensity use. No testing of firearms will be done from this site,as recommended in Condition 10. To ensure that the impact to the adjoining property owners is minimal, Condition 5 has been added to limit all hand-to-hand transactions of products to no more than 4 per month. Based on Traffic Engineering review,there will be minimal North Legend Outfitters, LLC Agenda Item 1 Page 2 impacts on traffic to this site for this use.The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home.The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used; • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms,firearm supplies,firearms parts,and money may be stored • If there are children in the home,the assessing officer will review safety measures as it pertains to firearms and the children. Based on the considerations above,Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance.As such,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container.The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment.A report shall be written by the Police Department,a copy provided to the applicant,the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one(1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License(FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers,smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than four(4) hand-to-hand transactions per month at the dwelling. 6. Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. There shall be no more than one(1)employees,other than the homeowner,on the property associated with this home-based business. 8. This Conditional Use Permit is limited to the applicant only,as the main provider of the Firearm Sales Home Occupation. 9. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. North Legend Outfitters, LLC Agenda Item 1 Page 3 10. There shall be no test firing of firearms on the site. 11. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. The proposed home occupation, with the proposed conditions, should not adversely effect any of the main goals of the Suburban Areas of the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dartford Mews No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 2—10 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips 2 as defined by a single-family 3 No information available in the 4 LOS=Level of Service dwelling ITE Trip Generation Manual for home occupation—retail sales (firearms) Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dartford Mews, in the vicinity of this application, is considered a two-lane local street.There are no roadway CIP projects planned for this area. North Legend Outfitters, LLC Agenda Item 1 Page 4 Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • 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 February 4, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2021 and March 7, 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 February 22, 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/Bookma rkedAgenda.pdf on March 12, 2021. North Legend Outfitters, LLC Agenda Item 1 Page 5 Proposed Site Layout 1 . ii er {{I h itr a if jai © � S°�:I tI C gT� 1kz� )tp r1 1""J a 9 h ? it . F�° Dq1di 1 ,J ' Sr96F 5p14 � I. F i�i�j "e'"sa! yAI; `1•��'11@; a 1 r , - d �i�a t d3tl ?II! tI ril illa� i �.11a1i 4111iiittiliii if g k� � `� i ,Th A in i FL g[ 1 .8, "t re 2 1 nil! `` # ,ts�..� data Q a 6 ��i .. it �jt, tg� ti,�)E Pe e r y i > ,Ii. iel Itt2riz „got b E iiFli� �� rti y ���i ti�i 111,is o `' ,,, (drt !i 1"3 St tQ ffc '4y8aCot e 4Li 4�A, �l' �� Yi t;a „ � Q<jGai_ 4a ip7 0,4/ I ■; €f f fid ' J ;i iN NO ;si lye i eta c t #gg i i #, ', • ; 4 . `, .'."�' i dV is i ' ,,f I1 I1 I , kP OA . i */ II ill fi l` 1 Ir k.. I I I 't i ¢ ?+ / is a •ii r 1 fi‘ 8 R. 14 r 4 fi\• I/ A/,q ii li,r a ,.-^ 1 'tom if `i r. E c _ c e a .i :it ----f‘----: . Il' —I l'' .* North Legend Outfitters, LLC Agenda Item 1 Page 6 Site Photos • t • 0 3' Y ,� r a •r.-t'1,, .,,.../*V if,._',,'ii11nn,,n,1 i..', )1'7..lUaidS„*,' 11,• s t -,-'':-7:-..'..1 S $ . 4..'7 s,`,'''s'i 7 J '. 4„} T may, 1 !i }41d Y yd 4 - a'+.` J Ti #tY rd M1 y 3 / tc 4 :'',. . "- : a S , p i RAY a� i.��1►'_. 1 _. - '- l �.. . -x .tt j40'4 ( .., North Legend Outfitters, LLC Agenda Item 1 Page 7 Disclosure Statement Disclosure Statement Cdr of tUgrnio A•kfi 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 -TN cleA ) OU i f f 7fZ5 LLG Does the applicant have a representative? lJ Yes ❑No • If yes,list the name of the representative. Ea/3'tnw U AID l3'C!I — Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?'J Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) ,'B '5RtittN Gfr'D — M kw1C.w4 At€.416E'2 • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) // /fit • '"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 she same person own or manage the two entities;there are common or commingled funds or assets;the business entities snare the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 � North Legend Outfitters, LLC Agenda Item 1 Page 8 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beat 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 inancing in cornection with the subject of the application or any business operating or to be operated on the property? IS Yes ❑ No • If yes,identify the financial institutions. ?',4 , -< 2. Does the apple nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes LN Na • If yes,Identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returiys 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. 3. M4I1.4( (A''it Eel 4. Does the applicant have services from an architect/landscape architect/land planner prove),ed 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?C Yes LvJ No • If yes,identify the purchaser and purchaser's service providers. 2I • North Legend Outfitters, LLC Agenda Item 1 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?❑Yes g No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent In confection with the subject of the application or any business operating or to be operated on the property?0 Yes g No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services infonnection with the subject of the application or any business operating or to be operated on the property?❑Yes g 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 a Iication, ll I j Applicant Ignatute _-- 554,34 Mr- Liu D,%/ - ,M4v46.furl, .•tifhAn;MC Print Name and Title dCT 'z0 Date Is the applicant also the owner of the subject property? U 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 J No changes as of Date 2/23/2021 swat. e °''nt"""• Marchelle L.Coleman 3IPage North Legend Outfitters, LLC Agenda Item 1 Page 10 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. North Legend Outfitters, LLC Agenda Item 1 Page 11 Item # 1 North Legend Outfitters, LLC [Applicant] Benjamin David Lindborg & Brooke Harris Lindborg [Property Owners] Conditional Use Permit (Home Occupation — Retail Sales (Firearms)) 1017 Dartford Mews February 10, 2021 RECOMMENDED FOR APPROVAL — HEARD Mr. Dao: Thank you, Mr. Chair. We have six items on today's Regular Agenda. The first item is agenda number one, the application of North Legend Outfitters, LLC for a Conditional Use Permit request for Home Occupation for sale of firearms. The property is located at 1017 Dartford Mews, in the Lynnhaven district. The applicant is Benjamin Lindborg. Mr. Lindborg, you have 10 minutes to speak. Please start your comments. Mr. Lindborg: Thank you, sir. First and foremost, I would like to say that this is a business that I have been running for the previous four years out of Virginia Beach under the same Conditional Use Permit at our previous address in the Lake Shores neighborhood. We did initially have some of the same similar concerns in the beginning, as I understand that orange sign comes across as a bit intimidating. But, we did operate for four years with zero issues from the neighborhood, the City, the State or the ATF. I actually do have a letter of recommendation in support on file from my previous next door neighbor, who has teenage boys and a family there. So, he voiced his support and I believe he signed up for the meeting here as well. I already do have an established business license with the City and the State of Virginia on FFL with the ATF and an account and relationship with Virginia State Police from my previous four years of experience. I underwent a stringent vetting process with both the FBI and the ATF in order to be even considered for the license. From those previous four years of experience, I have got a pretty clear understanding of all the rules and practices that go along with running a tightly regulated and responsible firearms business that produced zero issues over those four years. I only work on a very small scale and kind of by appointment only. Work only with highly trained, qualified individuals of the military that I have extremely high confidence in already that they will pass the background check before I ever even invite them to my home. So, this is not something that people can walk in off the street. I am the only employee of the business and the only one with access to the safe, the firearms, or the ability to run as background checks for the business. Some months I have as many as zero customers, so, some months I do not do anything. And, some months, I have as few as four, all right and that is the limit imposed under the Conditional Use Permit and that is perfectly acceptable with the way the business runs. On average people stay a less than 20 minutes, parking for all customers during their brief stay is instructed to be in our driveway and not on the public road. It is not my full-time job, as I work full- 1 time for the US Navy, in a job that does require expert level training in firearms, as well as a vetting from the Navy that includes high level security clearances on myself as well. As far as the business all items are stored in a plate steel safe, highly comparable to the safes that banks use to secure large amounts of cash. So, storage is highly secured and pretty impenetrable without sophisticated professional tools and an extended amount of time to work on breaking into that safe. Once that orange sign the permitting sign is taken down here after the meeting, there is going to be nothing visibly perceptible from the street to suggest any sort of business exists on the property. We value our privacy and discretion that goes along with keeping the neighborhood a quiet and pleasant place to live with annually increasing property values as well. So, operation of the business will be completely seamless and unnoticeable to the normal, quiet, and peaceful pattern of life in the neighborhood. There is going to be no signs or no advertisements. No marketing of any kind in the neighborhood or any desire for increased market share above the four allotted customers per month. Is not open to walk ins, it is again by appointment only and only by people that I have vetted previously, through work and through the military. We only plan on utilizing about 100 square feet of an almost 6000 square foot dwelling, so, only about 2% of that floor. Really all the business consists of is that high security safe, a computer, and a printer to run those background checks and keep the required documentation. There is no industrial machinery or equipment that would create any noise, no dust, no vibration, smell, smoke, glare, electrical interference in the neighborhood, fire hazards, or any other kind of nuisance. There is no increased delivery traffic to the neighborhood. All packages that are sent are require an adult signature and are picked up directly at the UPS location, also designated on my current Federal Firearms License that is approved by the ATF and does still require that adult signature. So, trucks never enter the neighborhood and under no circumstances are delivery services to leave a package on the porch with restricted items in them. Firearms are never loaded or fired on the premises in any manner again it is mostly a pass through entity that is mostly clerical and administrative in nature. The firearms that are carried in and out of business are carried out in discrete manufacturers packaging or secure cases. Open firearms are never brandish or visible to the community at large, customers coming park in the driveway, and every portion the transaction to include the loading of the merchandise into their vehicle is done on the premises. We do have a current electronic security system that we are planning to upgrade to a state of the art one for its monitoring capabilities. And, we also plan to consult with the Virginia Beach Police Department Crime Prevention Unit as soon as the Planning Commission comes up with its recommendation to have the Police Department do an assessment of the house and recommend any further recommendations to increase security at the property. I am fully available to answer any questions at this time either by email, on phone,or in person to leave me any more concerns anybody could have. Again, I am fully open and honest about everything I am doing. And, we are just trying to do this the right way and not hide it from anybody. I am not trying to make 2 anybody uncomfortable or feel threatened in any way. I know that the big orange sign is kind of scary, but it is really a lot less scary in actuality than it seems. That is all I have. Mr. Dao: Thank you sir. Mr. Chair, we have three speakers signed up to speak on this item. However, only one is online at this time and that speaker is Brooke Lindborg. Ms. Lingborg, please start by stating your name for the comments and you have three minutes. Ms. Lindborg: Hi, my name is Dr. Brooke Lindborg. I am Ben's wife and the co-owner of 1017 Dartford Mews. So, Ben's been operating North Legend Outfitters for the past four years from our home in the Lake Shore neighborhood of Virginia Beach and there is been not a single complaint. Once the orange sign comes down there will be no perceptible difference in our neighborhood from before the sign was put up. And this should be no different than the other multiple small businesses that are already running from the homes in that neighborhood. We have spoken with our neighbors on Dartford Mews, the ones who have taken the time to get to know us over the past seven to eight months, and they have been overwhelmingly supportive of this endeavor. Ultimately, Ben's a good person and upstanding citizen. He is a member of the US military and I am one of the emergency room physicians here locally in Virginia Beach. And, we are hard workers, we love our community and we love our neighborhood, and we hope that this is a service that Ben can continue to provide. Thank you. Mr. Weiner: No more speakers. Mr. Dao: There are no more speakers. Mr. Weiner: Does anybody have any questions for the Lindborg's? No questions? Oh, Whitney. Mr. Graham: I do, yes. So, my question is, and I received a call earlier during our informal session from someone in the neighborhood and I do not know how close they live to you. But, they have concerned that some of the firearms are actually being delivered to the house and that you touched on it earlier that they are not delivered or is it that they are not delivered or they are not delivered and left on the front steps like a typical FedEx package. Could you elaborate on that? Mr. Lindborg: Yes, sir. I do have a separate mailing address listed on the FFL as allowed by the ATF, packages are directed towards the UPS destination assigned from there and I go and pick them up by signature after the fact. Nothing ever is left on the porch, at the house that would contain a restricted item. Mr. Graham: Okay. Whose rule is that, is that a federal rule? Mr. Lindborg: Yes, that is on my on my actual Federal Firearms License that I have a premises address and the mailing address that can be separate. 3 Mr. Graham: Okay. Alright, I do not really have any other questions. Thank you. Mr. Weiner: Okay. Thank you, Ms. Lindborg. We are going to close this and open it up to discussion. Mr. Graham, this is your area. Mr. Graham: It is sounds like the applicant has been operating this business for four years in a different residence, did not have any issues. None of the adjacent neighbors have opposed this. It is my understanding that none of the adjacent neighbors or anybody on the street that he lives on, even opposed. I am in favor of approval of this of this application, but would like to hear the other Commissioners comments. Mr. Weiner: Robyn. Ms. Klein: When I first saw this application, I got a little bit nervous. I have a young child and working in the PICU, I have seen what misuse of firearms can do. And, I read the concern expressed by the around the corner neighbor. It sounds like this applicant knows what he is doing and he previously operated his business at their other home, congratulations on your new home. He takes what he is doing very seriously and understands the impact it might have on the surrounding neighbors. And, it sounds like this business is going to be more discreet than some of the other at home businesses we have approved. And, so, I do intend to support this application and I thank him for his diligence and his safety. Mr. Weiner: Thank you. Any other questions or comments? How about a motion? Mr. Graham: Chairman Wiener. I would like to motion that we approve the application. Ms. Klein: I will second that. Mr. Weiner: Alright, we have a motion for approval by Commissioner Graham and a second by Commissioner Klein. We are ready for the vote. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. Mr. Barnes: Aye. Ms. Coleman: Mr. Coston. Mr. Coston: Aye. Ms. Coleman: Mr. Graham. Mr. Graham: Aye. 4 Ms. Coleman: Mr. Horsley. Mr. Horsley: Aye. Ms. Coleman: Mr. Inman. Mr. Inman: Aye. Ms. Coleman: Ms. Klein. Ms. Klein: Aye. Ms. Coleman: Mr. Redmond. Mr. Redmond:Aye. Ms. Coleman: Ms. Oliver is absent. Vice Chair Wall. Mr. Wall: Aye. Ms. Coleman: And, Chairman Weiner. Mr. Weiner: Aye. Ms. Coleman: By recorded vote of 10 for and zero against agenda item one has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes AYE Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE 5 CONDITIONS 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than four(4) hand-to-hand transactions per month at the dwelling. 6. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. There shall be no more than one (1) employees, other than the homeowner, on the property associated with this home-based business. 8. This Conditional Use Permit is limited to the applicant only, as the main provider of the Firearm Sales Home Occupation. 9. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 10. There shall be no test firing of firearms on the site. 11.The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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. 6 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7 February 9, 2021 Via email: Benlindborg@gmail.com RE: Firearms Dealer License/Residential Neighborhood:Testimonial To Whom It May Concern: I have lived at 2001 Meredith Road, Virginia Beach with my wife for 20 years and we have three teenage children. Ben Lindborg was my nextdoor neighbor for approximately 5 years and during that time he was always very friendly and polite, level-headed and responsible, happy to lend a helping hand, keep an eye on things if we were out of town and just a good neighbor in general. Ben applied for and received a Firearms dealer license while living next door and it never created any issues or cause for concern. There was never a problem with increased traffic in the neighborhood due to customers coming and going or at odd hours of the day or night, no issues with undesirable people (customers) near my home, no visible display or advertising of a business outside the home, never any issues with firearms displayed in plain sight or irresponsible behavior that caused me any concern for my safety or that of my family and fellow neighbors. I think Ben operated the business very discreetly so that it did not draw any unwanted attention to the neighborhood or near my own home. It has been my experience getting to know been over the past five (5)years that he has very high standards of integrity for himself and always does his best to be a good and responsible neighbor. I hope the testimonial I have provided is helpful in easing any concerns Ben's new neighbors may have about his character and that he is approved to continue to operate his business from his new home. Best Regards, Chris Hucke 757-478-1097 From: plarchelle L.Coleman To: Marchelle L.Coleman Subject: February 10 planning commission hearing Date: Tuesday,January 19,2021 8:15:25 AM From:RC<rcppmg@yahoo.com> Sent: Monday,January 18,2021 5:22 PM To: Hoa N.Dao<HDao@vbgov.com> Subject:February 10 planning commission hearing 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 members, There is an application for a variance to allow for the sale of firearms from a private residence at 1017 Dartford Mews to be addressed on February 10,2021. As a neighborhood resident,a physician,and a citizen of Virginia Beach,I am strongly opposed to such a request.A residential neighborhood is no place for the sale of firearms. Sincerely, Richard A.Craven,MD *MIDDLE P LAN T�O` VIF'.I�IfM1iS ht4k 1{ VIRC;1^14 President Hillary Wilson Board of Directors Vice President Jeff Black Claudia Hudgens Secretary Jan Zalaskus Roberta Golden Treasurer Clark Hetzler Harlan Hendricks Jennifer Nopper Bernie Deneke John Hawley Lauren Barkan Lee Lohman Ben Lindborg 1017 Dartford Mews Virginia Beach, VA 23452 CC: Virginia Beach Planning Commission Mr. Lindborg, You have asked the board of the Middle Plantation Civic League to grant a waiver to your deed restrictions concerning the operation of a business in your home. The board has carefully considered your request and because it does not meet the requirements currently outlined, our Middle Plantation Civic League Board will not issue a waiver and will inform the City Planning Commission of our decision. The Board does want to thank you for complying with the requirement to seek a waiver. Too often we have had to issue violation notices to owners unwilling to seek permission in advance and your cooperation with the process is appreciated. Respectfully, Hillary Wilson Middle Plantation Civic League President Respond to: Middle Plantation Civic League C/O Hillary Wilson 3377 Glen Eden Quay • Virginia Beach,VA 23452 • Phone:315-278-1015■ Email:middleplantationcivicleague@gmail.com li { l9 • 8X2334PG1842 DECLARATION OF RESTFICTIONS APPLICABLE TO MIDDLE PLANTATION THIS DECLARATION OF RESTRICTIONS, Made this 21st day of May, 1984, by the undersigned, owner in fee sinple of the following described property, to-wit: All those certain lots, pieces or parcels of land, • with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots 1 through 22, 65 through 102, and 132 through 137, all inclusive, as shown of that certain plat entitled "Middle Plantation, Phase Six, Part 1, Lynnhaven Borough, Virginia Beach, Virginia", in Map Book , at page . The undersigned does hereby declare and give notice that all numbered lots indicated on the above referenced subdivision plat are subject to the following limitations, restrictions, conditions, and uses to which the lots constituting said subdivision may he put, hereby specifying that said declarations shall constitute covenants to run with the land, as provided by law, and shall be binding upon all parties and all persons claiming under and through the under- signed grantors. This declaration is put to record for the benefit of and to impose limitations upon all future owners of lots in said subdivision but said restrictions do not apply to the undersigned grantor. This declaration of restrictions has the express purpose of keeping said subdivision desirable as to a residential connunity, and uniforn in architectural design so as to be suitable for use as herein specified. It is the intent of the undersigned to reserve unto itself or its assigns, for a period not to exceed teen (10) years from the date hereof, the absolute right to waive, amend, modify, release, relinquish, or terminate any restrictions, covenant, or condition contained herein or set forth on the plat or subdivision of "Middle Plantation" as above referenced. For the purpose of insuring development of Middle Plantation as a residential community of superior standards, and subject to the foregoing the following limitations, restrictions, and conditions are • imposed on the use of the numbered lots set forth above comprising a portion of the subdivision known as "Middle Plantation". 1. Whether or not provision therefor is specifically stated in any conveyance of record made by the undersigned, the owner or occupancy of each and every lot, by aceptance of title thereto or by taking possession thereof, covenants and agrees that no building, wall, fence, swimming pool, boathouse, dock, bulkhead, aerial, antenna, dog house, tool shed, or any other structure of any description whatsoever shall be placed upon said lot unless and until the plans and specifica- tions therefore, and a site plan locating said structure on the lot have been approved in writing by the undersigned, its successors or assigns. All plans, specifications, and site plans shall be submitted in duplicate, with one set to be retained by the undersigned, if approved, and shall include a floor plan drawn to scale, front elevation and al landscaping plan providing for a reasonable number of trees and shrubs. Each such building, all, fence, swimming pool, boathouse, dock, bulkhead, aerial, or other structure shall be placed on the premises only in accordance with the plans, specifications, and site plan so approved. Refusal of approval of plans and specifications by the undersigned, its successors and assigns, may be for any reason, including purely aesthetic grounds, which determination shall be in the sole and uncontrolled discretion of the undersigned, , its successors and assigns. (Without limiting the foregoing, plans and specifications providing for cinder block or asbestos siding will be disapproved. ) Fo alteration in the exterior appearance of any structure shall be made without like approval. The undersigned reserves the right to designate 8X23311PGI6113 an individual, association, or corporation to act for the undersigned -in the appioval or rejection of such plans, to change a reasonable fee for such review; and for the enforcement of this restriction, the said designee shall have all the power and authority as reserved to the undersigned for the administration, enforcement, and implementa- tion of these reservations and restrictions, Should the undersigned, through its designee or otherwise, or its successors or assigns, fail to approve or disapprove the plans and specifications submitted to it by the owner of a lot or lots within the subdivision within thirty (30) days after written request for such approval, then such approval shall not be required; however, in any event,nobuilding or other structure shall be erected or be allowed to remain on any lot which violates any of the covenants or restrictions herein contained. 2. No building shall be erected or allowed to remain on any numbered lot in the subdivision except one (1) single family dwelling house, for the use and occupancy of one (1) family and attendant domestic servants; provided that no such btilding shall exceed two and one-half (2-1/2) stories in height, in addition to any basement. All garages, porte cocheres, storage areas, tool cabins, garden houses, et cetera, must be attached to said dwelling house and be constructed so as to constitute one (1) building only. Said dwelling house shall occupy a floor area of actually and fully enclosed building, including attached garage or porch or porte cochere, of not less than one thousand eight hundred (1,800) square feet. In computing such minimum areas, the area of the porches and garages shall not be given credit, under any circumstances, in excess of two hundred (200) square feet. No lot shall be resubdivided without the express written consent of the undersigned. 3. Nu sign of any kind shall be displayed to the public view on any lot except one (1) sign of not more than six (6) square feet advertising the property for sale or rent, or a sign used by a builder to advertise the property during the construction and sales period. All signs must be approved as provided in paragraph 1 set forth above. 4. Nothing shall be done on any lot which may be or become an annoyance or nuisance to the neighborhood. No horses, cattle, swine, goats, poultry or fowl, or any other animal not customarily a household pet shall be kept on any lot. No manufacturing, trade, business, commerce, industry, profession, or other occupation whatsoever shall be conducted or carried on upon any lot or any part thereof, or in any building or other structure erected therecn. No trash shall be allowed to accumulate so as to be unsightly or to be a detriment to the area of a fire hazard. In the event that any owner or occupant shall fail or refuse to keep his premises free of weeds, underbrush, refuse, or other unsightly growth or objects, the undersigned, its successors or assigns, may enter upon said lands and renove the same at the expense of the owner. The use of any carport, driveway or parking area which may be in front of, adjacent to, or a part of any lot in said subdivision as a habitual parking place for commercial vehicles is prohibited. The use of any driveway or parking area which may be in front of, adjacent to, or a part of any lot as a habitual parking place for boats or trailers of any kind is prohibited. The parkway (that area between the pavement and the lot line) of each lot shall not be used for the parking of private or commercial vehicles or boats or trailers. The term `commercial vehicles" shall include all motor vehicles and vehicular equipment which shall bear signs or shall have printed thereon reference to any commercial undertaking or enterprises, and all trucks. 5. No trailer, tent, shack, garage, barn, or other outbuildings erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure cf a temporary character be used as a residence; provided, however, this clause shall not be construed to prevent servants quarters being installed over a detached garage or other outbuilding. No trailer having a height of five (5) feet or more shall be parked over twelve (12) hours in any one (1) week on any lot or driveway so as to be visible from the street. -2- 1K2334PG { 844 6. No individual sewerage-disposal system shall be permitted on any lot unless such Ryct•em is designed, located and constructed in accordance with the requirements, standards, and recommendations of state and local public health authorities. Approval of such systems as • installed shall be obtained from such authorities. 9. No antenna or communication device shall be constructed on the exterior surface or roof of a home or other outbuilding, no trans- mitting eauipment or communication equipment shall be operated from the home that will in any manner interfere with standard electronic equipment, radio or televi•zion reception used in adjoining residences within the subdivis`-on. 8. No statues, monuments, brie-a• brac, or symbols, other than a house number and name of the resident may be displayed from that portion of the lot or home observable from the adjoining street. 9. No dwelling shall be constructed upon a slab, and all dwellings sha:l have a crawl space between the ground floor and the supporting foundation. 10. No garages loading from the front of the house are per- mitted, but plans may be submitted to developers for waiver of this provision. 11. No driveway shall he constructed so as to interfere with the normal drainage of the street on which the lot fronts. 12. The undersigned herein reserves for itself, its successors or assigns, a five (5) foot easement along the side and rear lines of each numbered lot on the plat of subdivision, unless a greater width be shown on the plat of subdivision, for public utility and drainage purposes, and any other reasonable purpose, with the right to assign the same for such uses as deemed by it necessary for the development and service of said lots or adjoining lots. 13. No lines or wires for communication or for the transmission of current or any other purposes shall be constructed, placed, or permitted to be placed upon any numbered lot unless the same shall be contained in underground conduits, and unless permission for installatior of same has been specifically granted by the undersigned to the party who intends to install same, through any duly recorded grant or easement. 14. Each owner of a lot or lots in the subdivision which is subject to the "open space easement" as shown on the aforesaid plat shall be responsible for the maintenance of and removal of trash from such open space abutting his property, and for the maintenance of the trees, hedges, plants, and shrubs growing raturally thereon and to keep such vegetation in a neat and trim condition -for aesthetic purposes and so as to prevent erosion. Should any owner of a lot subject to • the said 'open space easement" fail to maintain said lot as aforesaid, then the undersigned or any other lot Owner, or their respective heirs or assigns, shall have the right to maintain said lot so as to conform hereto and the expense of such maintenance shall be borne by the defaulting lot owner. 15. The undersigned, its successors and assigns, hereby reserves the right to enter into agreements with the owner of any lot or lots; including itself (without the consent of the owners of other lots in the subdivision) to waive in its entirety or to deviate from these conditions, restrictions, limitations, and agreements set forth in ': this declaration; any such waiver or deviation shall be manifested by agreement in writing and shall not constitute a waiver of any such condition, restriction, limitation, or agreement as to the remaining lots in said subdivision, and the same shall remain fully enforceable as to all other lots located in the said subdivision, by the undersigned, its successors and assigns, and by the owners of other lots except as against the lot where such deviation is permitted by such written agreement, -3- BK2334PGI845 16. These covenants are to run with the land and shall be biedieg on all parties and all persons clairing under and through the grantors for a period of twenty-five (25) yearn from the date these covenants are recorded, after which time said covenants shall be automatically extended for additional ten (10) year periods unless an instrument signed by a majority of the then fee simple owners of the lots has been recorded, wherein the said majority agrees to change said covenants in whole or in part. 17. The undersigned reserves unto itself, its successors or assigns, the right to construct or permit construction of, operate and maintain other facilities, such as churches, schools, recreational areas, country clubs, shopping centers, et cetera on the other property owned by it it Lynnhaven, Virginia Beach, Virginia, not included in the lots referred to hereinabove, provided such other facilities be approved by the planning commission of the City of Virginia Beach, Virginia; and provided further that such other facilities are not inconsistent with the development of quality residential community upon the remaining land included in the Middle Plantation tract; and any person acquiring any interest in Middle Plantation shall, by acceptance thereof, be deemed to have consented thereto. 18. Wood crawl space vents shall be used, or, an acceptable alternative, .f approved by the undersigned. 19. All plumbing and roof stacks to be in rear of house. 20. All flashing (unless copper) around roof stacks, et cetera, to be painted a color similar to roof. 21. All windows that can be seen from the street will have window muttins or mullions. 22. Colonial Williamsburg approved Lolot chart shall be used to select colors for exterior of house. 23. Submission of site plan for developer's approval is required as a part of the approval for construction of any structure on any lot subject to these restrictions. 24. All mechanical equipment such as compressors, et cetera, shall have a small privacy fence so as to exclude it from being visible from neighboring streets and properties. 25. VFPCO and telephone boxes and lead wires should be painted the same color as that portion of the house to which they are attached. 26. A REVIEW PEE SHALL BE PAID TO DEVELOPER, OR ASSIGNS OR DEVELOPER, UPON THE SALE OR TRAMSFER OF THE PROPERTY. SAID REVIEW PEE SHALL HAVE A CHARGE OF NO MORE THAN THE NORMAL ASSUMPTION FEE CHARGED BY LOCAL LENDERS, SAID REVIEW PEE IS REQUIRED IN ORDER TO ASSURE THAT PROPERTY BEING TRANSFERRED IS IN CONFORRAN E WlTH THE AFORESAID RECORDEC RESTRICTIONS. 27. Enforcement of this declaration shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant contained herein, and such proceeding shall be to either restrain voilation or to recover damages for a breach thereof. If no such proceedings be instituted within sixty (60) days of any such violation, then it shall be conclusively presumed in any legal proceedings that the violation or attempted violation has been waived by all parties owning or having any interest in lots in said section whether or not such parties have actual nc•tice of said violation or attempted violation. The invalidation by any court of any provision herein contained shall not in any way affect any of the other provisions hereof but they shall remain in full fore: and effect. 28. The undersigned, and its successors, may assign any and all its rights, powers, obligations, and privileges under this instrument to any other corporation, association, firm, or person. -4- OK2334PG184b IN WITNESS WHEREOF, Middle Plantation Development: Company, has caused these presents to be executed in its name by its duly authorized officer and it, corporate seal hereunto affixed and attested by its Secretary, this the 21st day of May, 1984. MIDDLE PLANT WO EVEI.OPMENT COMPANY B ld,' r a y i .',%" + E. Kenneth is President ,CORPORATE'•.Sii1SL � . •`, . , _ •rATZRST: ;� ( . l• t. l Ltm J. B (win, Secf-'- ar. STATE OF VTR INIA AT LARGE CITY OF VIRG NIA BEACH, to-wit: I, the undersigned, a Notary Public iz and for the City and State aforesaid, do hereby certify that E.Kenneth Day, Vice Presi- dent and Linda J. Baldwin, Secretary, respectively, of Middle 'Planta- tion Development Company, whose names are signed to the foregoing writing bearing date on the 21st day of May, 1984, have acknow1 dged the same before me in my City and State aforesaid. GIVEN under my hand this 21st day of May, 1984. . ___SIL0a4( (4.bil(3/ cryiil biztu , Nc -45 Notary Public —. o � l QH�11�fAfiYih' �of 1�.i... �� mnrf t�reerkef and upon Ibr r,r,./i.a?e riff' c tvescrtt lbrrote annrxrd oHar •,to prow,. 'ttx:AY hno.. se by 1(58-54 .1 G T� � G 4 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.coin/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(avbgov.com or call 385-4303. Anyone wishing to speak in person, please contact the City Clerk's Office by calling 757-385- 4303. Anyone wishing to speak virtually, via WebEx, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ee6c 10635a l 905e76c6eda50bf72f 7cda 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at prior to 5:00 p.m. on March 16, 2021. Due to the ongoing Covid-19 Pandemic, please check our website at: www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/02/2021 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R 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 THEE E S S E O O E T I R Y S S ERNDN III/IV/ CERTIFICATION OF CLOSED CERTIFIED 8-0 Y Y A Y A Y A Y Y Y Y VN SESSION B A-E S T A N E D F. MINUTES APPROVED 9-0 Y Y A Y Y Y A Y Y Y Y 1. SPECIAL SESSION February 9,2021 MINUTES APPROVED 9-0 Y Y A Y Y Y A Y Y Y Y 2. SPECIAL SESSION February 16,2021 H.1. Resolution to ADOPT a Revised Policy re ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y investment of City Funds CONSENT H.2. Resolution to APPROVE a contract ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y extension between the Virginia Beach CONSENT Community Services Board and the Commonwealth of Virginia re mental health,developmental and substance use disorder services H.3. Ordinance to SUPPORT the 2021 ADOPTED 10-0 Y Y Y Y Y Y A Y Y Y Y Ignite Seminar Series and Disparity Forum and APPROPRIATE$2,325 from General Fund Balance to Municipal Council re offset expenses (Requested by Council Member Wooten) Ordinance to DIRECT the City Manager MOTION TO 1-9 NNN NNNA N N N Y to include unspent amounts from previous APPROVE FAILED appropriations in SUPPORT of the 2019 and 2020 Ignite Seminar Series in the DENIED proposed FY 2021-22 Operating Budget (Requested by Council Member Wooten) H.4. Ordinance to RESCIND the previous ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y award of franchises to Bird Rides,Inc., CONSENT Neutron Holdings,Inc.,Skinny Labs,Inc., and VeoRide,Inc.,and DIRECT the City Manager to resolicit proposals for such franchises H.S. Ordinance to EXTEND the provisions of ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y the Ordinance previously adopted on CONSENT March 31,2020 re ensure continuity of government during the COVID-19 Disaster H.6. Ordinance to EXTEND the Sunset Date to 10-0 Y Y Y Y Y Y A Y Y Y Y April 5,2022,re residential permit DEFERRED TO parking in the Historic Cavalier Shores APRIL 6,2021 Neighborhood CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/02/2021 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T T H E ; E E S S E O O E T I R j Y S S E R N D N H.7. Ordinance to AUTHORIZE a grant of up ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y to$150,000 from the City Council Special CONSENT Pandemic and Vaccine Support Reserve to the Oceana Volunteer Fire Department, Inc.,re the purchases of a fire support vehicle,and AUTHORIZE donation of a truck(Requested by City Council) H.8. Ordinance to APPROPRIATE$6,948.10 ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y to the FY2020-21 Emergency Medical CONSENT Services(EMS)Operating Budget re reimburse auction proceeds to the Plaza Volunteer Rescue Squad,Inc. I.1. QUAN LE for a Conditional Use Permit re MOTION TO 4-6 Y N Y NNNA YNNY short term rental at 1612 Tallwood APPROVE FAILED Manor Court DISTRICT 1— CENTERVILLE DENIED 1.2. JONATHAN WEST fora Conditional 10-0 Y Y Y Y Y Y A YYYY Use Permit re short term rental at 4814 DENIED Lake Drive DISTRICT 4—BAYSIDE I.3. ALFRED NICOLL fora Conditional Use APPROVED/ 8-2 Y Y Y NYNA Y Y Y Y Permit re short term rental at 113 55th CONDITIONED Street,Unit A DISTRICT 5— LYNNHAVEN I.4. KAREN AND JOE ALLEN/OLD MOTION TO 5-5 Y Y Y NNNA Y N N Y HICKORY INVESTMENTS,LLC for a APPROVE FAILED Conditional Use Permit re short term rental at 1361 Goose Landing DISTRICT DENIED 6—BEACH I.5. BAO LO for a Conditional Use Permit re DENIED 10-0 Y Y Y Y Y Y A Y Y Y Y short term rental at 619 25th Street DISTRICT 6—BEACH 1.6. WILLIAM JOSEPH WRIGHT,JR.for APPROVED/ 8-2 Y Y Y NYNA Y Y Y Y a Conditional Use Permit re short term CONDITIONED,BY rental at 911 Pacific Avenue,Unit B CONSENT DISTRICT 6—BEACH 1.7. D AND D CREATIONS,LLC/ DENIED 10-0 Y Y Y Y Y Y A Y Y Y Y DANIEL AND KELLIE JO DAVID REVOCABLE TRUST for a Conditional Use Permit re short term rental at 2621 Highland Meadows Way DISTRICT 7— PRINCESS ANNE J. APPOINTMENTS: RESCHEDULED 10-0 BYCONS E N S US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/02/2021 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DNOMOOL W 0 O C Y L NOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE ARTS AND HUMANITIES Appointed: 9-0 • Y Y Y Y Y Y A AY Y Y COMMISSION Judge Winship Tower B Unexpired Term thru S 6/30/2022 T A N E D BIKEWAYS AND TRAILS ADVISORY Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y COMMITTEE Mark Horton Unexpired Term thru 6/30/2022 CLEAN COMMUNITY COMMISSION Reappointed: 10-0 • Y Y Y Y Y Y A Y Y Y Y Anne Mannarino Jennifer Mynes 3 Year Term 4/1/2021-3/31/2024 COMMUNITY POLICY AND Reappointed: 10-0 Y Y Y Y Y Y A Y Y Y Y MANAGEMENT TEAM Nancy Bloom- (Represents City Council Designees) Joy Rios-(Represents Parent Representative) 2 Years Terms 4/1/2021-3/31/2023 DEFERRED COMPENSATION BOARD Appointed: 10-0 • Y Y Y Y Y Y A Y Y Y Y Stacey Hawks —(Represents Employee Relations Manager) Beverly Anderson —(Represents the School Board Member) No Term HAMPTON ROADS PLANNING Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y DISTRICT COMMISSION Council Member John D.Moss No Term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/02/2021 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R 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 O T T HE E E S S E O O E T I R Y S S ERNDN HEALTH SERVICES ADVISORY Reappointed: 10-0 Y Y Y Y Y Y A YYYY BOARD Steven Annunziato Sheila Magula 3 Year Term 4/1/2021-3/31/2024 HOUSING ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Council Member John D.Moss 4 Year Term 3/2/2021-3/31/2025 HUMAN RIGHTS COMMISSION Reappointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Beatriz Amberman Rodney Burnsworth Jamal Gunn Sylvia Strickland 3 Year Term 4/1/2021-3/31/2024 IN-HOUSE PHARMACY Appointed: 10-0 Y Y Y Y Y Y A YYYY EXPLORATORY COMMITTEE Victoria Manning- Represents the School Board Member No Term MILITARY ECONOMIC Reappointed: 10-0 Y Y Y Y Y Y A Y Y Y Y DEVELOPMENT ADVISORY Kevin Cook COMMITTEE Craig Quigley 5 Year Term 3/1/2021-2/28/2026 PERSONNEL BOARD Reappointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Frank Borum- (Alternate Member) Lanitha Hudson- (Alternate Member, Merit Service) Susan Salafranca- (Alternate Member, Merit Service) 3 Year Term 3/1/2021-2/28/2024 PLANNING COUNCIL Reappointed: 10-0 Y Y Y Y Y Y A YYYY Council Sabrina Member Wooten 1 Year Term 4/1/2021-3/31/2022 PUBLIC LIBRARY BOARD Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y James Young- (Student Board Member) Unexpired Term thru 9/30/2022 Harvest Bellante Lynn Carwell 4 Year Term 3/2/201-3/31/2025 RESORT ADVISORY COMMISSION Appointed: 9-1 Y Y Y Y Y \ A YYYY Michael Mauch Unexpired Term thru 12/31/2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/02/2021 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS O T T HE E E S S E O O E T I R Y S SERNDN TRANSITION AREA/INTERFACILITY Reappointed: 10-0 Y Y Y Y Y Y A Y Y Y Y TRAFFIC AREA CITIZENS Lisa Hartman ADVISORY COMMITTEE Joseph Stange- (Represents Development Authority Member) 3 Year Term 3/1/2021-2/28/24 VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y DEVELOPMENT CORPORATION Dr.Audrey Douglas- Cooke Unexpired Term thru 12/31/2023 K/L/M ADJOURNMENT 8:44 P.M. OPEN DIALOGUE 3 SPEAKERS 8:53 P.M.