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HomeMy WebLinkAbout05-18-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �N�B MAYOR ROBERT M. "BOBBY"DYER,At Large J14�' --r 4Ap�L VICE MAYOR JAMES L.WOOD,Lynnhaven—District 5 4 „ JESSICA P.ABBOTT,Kempsville—District 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 > 1� JOHND.MOSS,At Large ± s;.... __ _ ao AARONR.ROUSE,At Large 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 May 18,2021 FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS -Virginia Beach Convention Center- 2:30 PM A. INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. PLANNING COMMISSION RECOMMENDATION re SHORT TERM 2:45 PM RENTAL ORDINANCES Bobby Tajan, Director—Planning and Community Development Kevin Kemp,Zoning Administrator—Planning and Community Development II. CITY COUNCIL DISCUSSION/INITIATIVES 4:00 PM III. CITY COUNCIL COMMENTS 4:15 PM IV. CITY COUNCIL AGENDA REVIEW 4:30 PM V. INFORMAL SESSION -Virginia Beach Convention Center- 4:45 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 Pastor Waddee B. Thoroughgood, Jr., New Jerusalem Church of God in Christ C. PLEDGE OF ALLEGIANCE D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 4, 2021 2. SPECIAL SESSION May 11, 2021 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION—LOVE FOR VB DEDICATION DAY 2. RESOLUTION—VACCINATE VIRGINIA BEACH Chief Ed Brazle—Emergency Medical Services Danielle Progen, Director—Office of Emergency Management H. PUBLIC HEARINGS 1. DECLARATION AND DEDICATION OF EASEMENT 15'-wide Easement to Dominion Energy at Loretta Lane 2. SALE OF EXCESS PROPERTY 15.07+/- acre Easement to United States at Red Wing Lake Golf Course 3. POLLING PLACE CHANGE Lynnhaven Precinct to John B. Dey Elementary School I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 10-1 to change Polling Place re Lynnhaven Precinct to John B. Dey Elementary School 2. Resolution to CREATE the Urban Agriculture Advisory Committee(Requested by Council Members Abbott and Berlucchi) 3. Ordinance to APPROPRIATE $550,000 of Fund Balance from the Waste Management Enterprise Fund re meet payroll obligations 4. Ordinance to AMEND the scope of Capital Project #100581 "Crime Prevention through Environment Design" and TRANSFER $500,000 to CIP #100581 re establish a Police satellite office in the Resort Area J. PLANNING 1. MARTHA WHITE/STEVEN K. FINGER, ET AL. for a Variance to Section 4.4(b)of the Subdivision Regulations re create two(2)lots,with one(1)lot not meeting the agricultural district allowable density requirements at 6332 Pocahontas Club Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 2. FESTIVAL, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re outdoor dining and entertainment,outdoor recreation, commercial parking lot, open air market, recurring special events on site with various outbuildings, structures and signs at 712 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KROLL INVESTMENT GROUP,LLC for a Modification of Proffers re additional option of exterior building material at 1529 Taylor Farm Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. CRP-GREP OVERTURE CHESAPEAKE OWNER,LLC/CFC,LLC for a Modification of Conditions re freestanding monument sign at 3399 Ocean Shore Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 5. NORTH LANDING BEACH RV RESORT & COTTAGES—VIRGINIA BEACH,LLC for a Modification of Conditions re non-commercial marina at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. CITY OF VIRGINIA BEACH for a Change of Zoning from R-5D Residential Duplex District to R-7.5 Residential District re resubdivide and incorporate into existing lots of adjacent property owners at 206 Bob Lane DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC./ CATHOLIC DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA for a Conditional Use Permit re group home at 1593 Lynnhaven Parkway DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 8. CERZA ENTERPRISES, LLC for Conditional Use Permit re motor vehicle sales and rentals at 6056 Indian River Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 9. A & G AUTO SALES/G & A PROPERTIES, LLC for Conditional Use Permit re motor vehicle sales and rentals at 604 Newtown Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 10. THE VIRGINIA BEACH WINERY, LLC/SIFEN DEVELOPMENT COMPANY, INC for a Conditional Use Permit re craft winery at 1064 Lynnhaven Parkway, Suite 113 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 11. DERRICK & NICOLE HOWELL for a Conditional Use Permit re outdoor recreation facility at 5409 Blackwater Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 12. CITY OF VIRGINIA BEACH — Ordinance to AMEND City Zoning Ordinance (CZO) Sections 207 and 232 re distinguish between an administrative and standard review process and determine associated fees for communication towers,small cell facilities,and building mounted antennas RECOMMENDATION: APPROVAL 13. CITY OF VIRGINIA BEACH — Ordinance to AMEND City Zoning Ordinance (CZO) Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531, 2203 and the Oceanfront Resort District Form Based Code Sections 5.2, 5.2.16 and 5.3.17 re communication towers, small cell facilities, building mounted antenna and temporary towers RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CITIZENS REVIEW PANEL TASK FORCE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TIDEWATER COMMUNITY COLLEGE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 TCheliusAvbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person at the Convention Center or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ea3 ea905 f8 fcdb23 6dc 8 8 e8 a 1 a4d6 6a29 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 18, 2021. MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Virginia Beach Convention Center - 2:30 PM A. INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. PLANNING COMMISSION RECOMMENDATION re SHORT TERM 2:45 PM RENTAL ORDINANCES Bobby Tajan, Director— Planning and Community Development Kevin Kemp, Zoning Administrator—Planning and Community Development II. CITY COUNCIL DISCUSSION/ INITIATIVES 4:00 PM III. CITY COUNCIL COMMENTS 4:15 PM IV. CITY COUNCIL AGENDA REVIEW 4:30 PM V. INFORMAL SESSION - Virginia Beach Convention Center- 4:45 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 Pastor Waddee B. Thoroughgood, Jr., New Jerusalem Church of God in Christ C. PLEDGE OF ALLEGIANCE D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 4, 2021 2. SPECIAL SESSION May 11, 2021 G. MAYOR'S PRESENTATIONS 1. PROCLAMATION—LOVE FOR VB DEDICATION DAY 2. RESOLUTION—VACCINATE VIRGINIA BEACH Chief Ed Brazle—Emergency Medical Services Danielle Progen, Director—Office of Emergency Management 0a�� �G�7' s * � c N t d Op °UR No�NS rorlamation Whereas: Two years ago, Citizens of Virginia (Beach experienced an unspeakable tragedy that resulted in the Coss of LaQuita C. Brown; cyan Keith Con Tara'Welch Gaffagher, Wary Louise "Mary Lou" Crutsinger Gayle; Alexander Mikhail Cusev; Joshua O. Hardy;Wichelte "Missy"Langer, RichardJ-L Nettleton, Katherine A. Lusich Nixon; Christopher Kelly Kipp;_Herbert "Bert"Snelling,Jr.; and&bert "Bobby"`Williams; and Whereas: 'Five others were injured—four critically—and many more were seriously impacted including people who worked in Building Two of the Virginia Beach Municipal Center, family members;friends; City employees; people who rendered emergency medical'aid;both on the scene and at area hospitals;police who responded to the scene, stopped the rampage, and prevented the further loss of lives;people who staffed the Emergency Operations Center and'Family Assistance Center, City leaders and elected officials to have helped guide the City's recovery efforts;and members of the'Virginia Beach community and beyond who have demonstrated'compassion and generosity through many acts of kindness;;and 'Whereas: In the aftermath of this tragedy, people in the community and beyond'called'on everyone to show Love for VB. 'That phrase was adopted for use in a number of places across our city—homes, businesses,schools,parks and beyond and Whereas: We stiff mourn the twelve lives lost so suddenly two years ago, and we pray for all those who were traumatized 6y this brutal act of violence and continue to seek healing;and Whertas: We are forever changed, and we will never forget. We continue to pledge to commit to honoring those we Cost through acts of service and acts of kindness. Now,'The►efi re,I,&bent M. Dyer,Wayorof the City of Virginia Beach,do hereby proclaim: Way 31, 2021 Love for 1B Dedication Day In'ia-girda(Beach,and I call on all citizens to remember the victims of the Way 31,2019 tragedy and pledge to honor them through volunteer acts of service.I further order that the flag of the City of Virginia Beach shaft be flown at half-staff in all City buildings and on City grounds from May 28 through sunset on Way 31,2021 In Witness Whereof,I have hereunto set my handand caused the OfficialSealof the City of Virginia (Beach, Virginia, to be affixed this twenty-first day of May Two'Thousand Twenty-One. l' 1246"c17)1'€<...1 &6ert M. "Bobby"Dyer Mayor .4,1141A.1.0?..\\A• • iIff am M►„°ds RESOLUTION WHEREAS: The COVID-19 Pandemic threatened the health and well-being of the Virginia Beach community;and WHEREAS:The City of Virginia Beach had a long-standing partnership with the Virginia Department of Health,including experience operating community vaccination events.;and WHEREAS: The City of Virginia Beach had significant resources available to support mass community vaccinations, including experienced incident leaders,planners,support personnel and facilities;and WHEREAS:City of Virginia Beach leadership chose to provide an unplevetlented level of support for mass COVID-19 vaccinations by committing staff,facilities and a$l.5M funding reserve to create the Vaccinate Virginia Beach operation;and WHEREAS:A joint management team from the City of Virginia Beach and Virginia Department of Health and was assembled to support leadership,planning,logistics and operations for Vaccinate Virginia Beach;and WHEREAS:The City and Department ofPublic Health started vaccinating key personnel within 10 days of federal approval of the vaccine;and WHEREAS: The first drive thru community vaccination site in Hampton Roads was opened at EMS Station#8 on December 29,2020,to vaccinate local health-care workers;and WHEREAS:A high volume vaccination center was opened at the Virginia Beach Convention Center on January 12,2021, with a goal of providing 750 shots per day;the operation ultimately attaining a peak output of3,000 shots per day;and WHEREAS:The City of Virginia Beach also collaborated with faith-based and community leaders to reach disconnected and under-served populations,supporting 15smaller vaccination events;and WHEREAS:Over 2,000 staff and volunteers from across the City organization worked at the community vaccination centers; and WHEREAS:Numerous City,State and Federal agencies provided personnel and material support to Vaccinate Virginia Beach;and WHEREAS:The Vaccinate Virginia Beach team administered nearly 125,000 shots from December 28,2020 through April 30u',2021. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby recognize all those who served their community as part of VACCINATE VIRGINIA BEACH Given under our hands this 18th day of May. 61.4.2 6044 111 Council% or Jessica .A66ott Council%ember ichaefT.Beduccki Council. her a 7f eftajof Cou em ouis 4e,Jones ncif91fem6erJofn D.94oss Councif9Kem erAaron 4Z,4jouse 14.14."--) -191' d#114 Council 6erGuy 1X Tower Council91fem6er emery Wifson %emberSa6msa(D.Wooten .1,j.'James£Wood Itayor Ito 91t.'Bobby (Dyer H. PUBLIC HEARINGS 1. DECLARATION AND DEDICATION OF EASEMENT 15'-wide Easement to Dominion Energy at Loretta Lane 2. SALE OF EXCESS PROPERTY 15.07+/- acre Easement to United States at Red Wing Lake Golf Course 3. POLLING PLACE CHANGE Lynnhaven Precinct to John B. Dey Elementary School 4 racW :5, r4�{,:: aaE�yy ,..,_ ,,....„.."4„ ........... PUBuc HEARING DECLARATION AND DEDICATION OF EASEMENT The City Council of Virginia Beach,Virginia at its formal session on Tuesday,May 18,2021 at 6:00 p.m.in the Virginia Beach Convention Center, Suite 5, 1000 19th Street, Virginia Beach, Virginia will conduct a public hearing on the disposition and dedication of an easement over City-owned property located at Loretta Lane (GPIN: 2417-45-8332). The purpose of this hearing will be to obtain public input to determine whether this easement should be dedicated to Dominion Energy Virginia, a/k/a Virginia Electric and Power Company. Due to physical distancing and safety precautions related to the pandemic, limited public seating will be available in Suite 5, with overflow seating in Suite 4. 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,by registering with the City Clerk,or virtually via WebEx,by completing the Oillir two-step process below.Citizens signed up to speak in- person who cannot be seated in Suite 5 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 mask 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://vbgov.webex.com/vbgov/onstage/g.oho? MTID=ea3ea905f8fcdb236dc88e8a1a4d66a29 and 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on May 18,2021. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing Impaired,call 1- 800-828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate,Building#23,2473 N.Landing Road,at the Virginia Beach Municipal Center, (757)385-4161. All interested parties are invited to participate. Amanda Barnes,City Clerk Beacon: May 9,2021 2 IS:4 s.ih z,,..'',PJ L° ww r.'�/.i ibW PUBUC HEARING SALE OF EXCESS CITY PROPERTY The City Council of Virginia Beach,Virginia at its formal session on Tuesday,May 18,2021 at 6:00 p.m.in the Virginia Beach Convention Center,Suite 5, 1000 19th Street, Virginia Beach, Virginia will conduct a public hearing on the disposition and sale of a safety arc easement over 15.07±acres of city property located at Red Wing Lake Golf Course(1144 Prosperity Road,GPIN 2425-09-5570). The purpose of this hearing will be to obtain public input to determine whether this safety arc easement should be conveyed to the United States of America. Due to physical distancing and safety precautions related to the pandemic, limited public seating will be available in Suite 5, with overflow seating in Suite 4. 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,by registering with the City Clerk,or virtually via WebEx,by completing the two-step process below.Citizens signed up to speak in- person who cannot be seated in Suite 5 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 mask 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://vbgov.webex.com/vbgovionstage/g.oho ?MTID=ea3ea905f8fcdb236dc88e8a1a4d66a2 9 and 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on May 18, 2021. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired,call 1- 800-828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Parks&Recreation,2154 Landstown Road,Virginia Beach,VA 23456.The Parks & Recreation Office telephone number is (757) 385- 1100. All interested parties are invited to participate. Amanda Barnes,City Clerk Beacon: May 9,2021 ( T) � !i f�t 1fr PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE LYNNHAVEN PRECINCT The City Council of Virginia Beach, Virginia at its formal session on May 18,2021 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling place for the Lynnhaven Precinct. The public hearing will be held in person and virtually. Speakers may sign up and speak at the Virginia Beach Convention Center,Suite 5 or by the virtual method proscribed below: If adopted,the new polling location for the Lynnhaven Precinct would be John B.Dey Elementary School. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: pttos//vbgov.webexcom/vhao v/onsta ee/F.oho?M TI D=ea3e8 4ohfsfcdh236dcssesata4 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 18, 2021. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call: TDD only 711(TDD-Telephonic Device for the Deaf). All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:May 2 and 9,2021 :. r fE � 1s� (C.;,`- sJJ, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the Dedication of a 15'-wide (1 ,861 sq. ft.) Easement to Dominion Energy Virginia over City-Owned Property Located on Loretta Lane (GPIN: 2417-45-8332) PUBLIC HEARING DATE: May 18, 2021 MEETING DATE: June 1 , 2021 ■ Background: The City of Virginia Beach (the "City") owns a 1-acre +/- parcel of vacant land located on Loretta Lane, GPIN: 2417-45-8332 (the "Property"). The Property was purchased from C. Corp., a Virginia corporation, on November 26, 2013 for $60,000 for the Oceana & Interfacility Traffic Area Conformity & Acquisition program. Dominion Energy Virginia, a/k/a Virginia Electric and Power Company ("Dominion"), has requested that the City dedicate a 15'-wide (1,861 sq. ft.) easement across the front of the Property, for the purpose of installing and maintaining underground electric facilities (the "Easement"). As a part of their undergrounding program to reduce power outages, Dominion has requested that the City grant the Easement over the Property. Dominion has agreed that it will be responsible for the cost of future relocation of its facilities, if required, so long as the City remains the owner of the Property. Once the Property is conveyed to any other entity, including the Virginia Beach Development Authority, the relocation or such costs will fall to the new owner. • Considerations: The Easement is needed to move forward with a reliability project in the area. • Public Information: A public hearing is to be held on May 18, 2021, and public notice will be provided via the normal City Council agenda process. • Recommendations: Approval • Attachments: Ordinance, Location Map, and Disclosure Statement Recommended Action: Approval ,/,��( Submitting Dep ment/Agency: Public Works City Manager: /9,0 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 15'-WIDE (1 ,861 SQ. FT.) EASEMENT TO 3 DOMINION ENERGY VIRGINIA OVER CITY-OWNED 4 PROPERTY LOCATED ON LORETTA LANE (GPIN: 5 2417-45-8332) 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a 1-acre +/- parcel 8 of vacant land located on Loretta Lane, GPIN: 2417-45-8332 (the "Property"); 9 10 WHEREAS, Dominion Energy Virginia, a/k/a Virginia Electric and Power 11 Company ("Dominion"), has requested that the City dedicate a 15'-wide (1,861 sq. 12 ft.) easement across the front of the Property, as shown on Exhibit A attached 13 hereto (the "Easement"); and 14 15 WHEREAS, the Easement will allow the installation and maintenance of 16 underground facilities to provide electric service to the citizens located in the 17 Loretta Lane area. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute any documents 23 necessary to dedicate the Easement to Dominion over the Property, as shown on 24 the plat attached hereto as Exhibit A and made a part hereof, and such other terms, 25 conditions and modifications as may be acceptable to the City Manager and in a 26 form deemed satisfactory by the City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 29 day of , 2021 . 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CZ'd'III El VI > �� • •'�l, �. S3a0YW1 �)�•an Pahlirl•l-J� LZ d'0Ll 80 331Snfll'AHdaAW A3NOHVW SYWOHL / 31V1S3 AHd00WM-f ` ,I Altl3NN03 a0 MON ,'•• ' ' ribk.,. IIM+10 491rL11 11"'11 : 18'W.o 9L'O'6l IiJ. •�67L/16/P'fl.p18-'TA9)• 1110 II M1 18 HOV38 YIN) a �` n ,p,SO4RO W &` E S ,RGINIA BEACH BLVDilliii _ <7-'NORFOLK AV S __ a- m p a Y N 15' DOMINION VIRGINIA ENERGY EASEMENT C liI— L__. tom I--- 1.---11H--- / LORETTA LN i� - / 0 i _ z.� ,� O / / / �J r L'� • GHQ' z e° "-\ , ,..\ Legend ti EASEMENT %�\ /� Aq1 2417-45-8332 CITY PROPERTIES — LOCATION MAP EXCESS CITY OWNED PROPERTY NOTE: THE PROPERTY SHOWN IS LOCATED \ 2417-45-8332 IN AICUZ NOISE ZONE >_75dB. THE PROPERTY SHOWN IS ALSO LOCATED IN ZONES APZ 1, Feet AND APZ 2. _ 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 03/213/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\2417-45-8332\2417-45-8332 Revised 3 25 21 Disclosure Statement \B City of Virginia Beach Planning & Community 1001 — 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 Virginia Electric and Power Company dba Dominion Energy-Virginia Does the applicant have a representative? ■ Yes ❑ No • If yes, list the name of the representative. Sharlene Cohoon,SUG Marketing and Communications Coordinator Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? U Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 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) NA '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Vir-i_...ia =lectric an .L ^ wer C Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Executive Vice President, Chief Financial Officer and Chapman, James R. Treasurer Executive Vice President, Chief of Staff and Corporate Reid, Carter M. Secretary Senior Vice President - Regulatory Affairs and Customer Arnett, Corynne S. Experience Senior Vice President - Nuclear Operations & Fleet Bischof, Gerald T. Performance Senior Vice President, General Counsel and Chief Brown, Carlos M. Compliance Officer Senior Vice President, Controller and Chief Accounting Cardiff, Michele L. Officer Curtis, Katheryn B. Senior Vice President - Generation Frederick, Michael D. Senior Vice President - Administrative Services Mitchell, Mark D. Senior Vice President - Project Construction Senior Vice President - Corporate Affairs & Murray, William L. Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President - Power Delivery Avram, Emil G. Vice President - Business Development Bassey, Utibe O. Vice President - Customer Experience Bennett, Joshua J. Vice President - Offshore Wind Name Title Curtis, J. Kevin Vice President - Transmission Duman, L. Wayne Vice President - Financial Planning & Analysis Green, Cedric F. Vice President - Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President - Distribution Operations Purohit, Prabir Vice President - Finance Sartain, Mark D. Vice President - Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President - System Operations Showalter, Alma W. Vice President - Tax Stites, Brandon Vice President - Project Construction Tornabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President - Shared Services Windle, Keith Vice President - Financial Management Woomer, Joseph A. Vice President - Grid & Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President - Surry Power Station Mladen, Fred Site Vice President - North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza" J. Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary r Disclosure Statement City ofViiyinin Beach iiipw 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 providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ 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 i No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Virginia Beach Planning & Community - Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN 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 U No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Sharlene Cohoon,SUG Marketing and Communication Coordinator Print Name and Title 3 May 2021 Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 3 1/11*r . 1 Disclosure Statement VB . City of Virginia Beach Planning & Community 1111* Development Continue to Next Page for Owner Disclosure Revised 11.09.202( 4 Disclosure Statement City of Virginia Beach Planning & Community .41110 —-:- Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement VB City of Virginia Beath Planning & Community Development 11\IL 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 MI No • If yes,identify the financial institutions providing the service. 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 company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and 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? ❑ Yes I No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes 0 No • If yes,identify the firm and individual providing the service. 6Ii ,. Disclosure Statement -N/B City of Virginia Beach Planning & Community Development --;;;°44° 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date kF.r,Fd 17-Qy 202(7 7 I P a g e CS��NUBFi„i Sj CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance authorizing conveyance to the United States of America of a safety arc easement over 15.07 +/- acres of City-owned land at the Red Wing Lake Golf Course PUBLIC HEARING DATE: May 18, 2021 MEETING DATE: June 1, 2021 • Background: The City owns property at 1144 Prosperity Road, on which it operates the Red Wing Lake Golf Course (the "Golf Course Property"). The City acquired the Golf Course Property from the Commonwealth of Virginia on July 9, 2002. During that same time, the City entered into a Deed of Boundary Settlement with the United States, Department of the Navy (the "Navy") to resolve an overlap of deeds in the area where the 5th fairway of the golf course was located on the Golf Course Property. Both the Navy and the City thought they owned the same property, and after negotiations, the Navy agreed to convey the land to the City. Records at the time indicated the Navy intended to reserve easements on the overlap area to protect functions of Dam Neck Station, a facility of NAS Oceana. The Navy is interested in acquiring a safety arc easement over a 15.07-acre portion of the Golf Course Property to establish a protective arc around its Naval Air Station Oceana / Dam Neck Annex to establish an Explosive Safety Quantity Distance (ESQD) Zone, which is similar to the restriction the Navy intended to reserve at the time the Deed of Boundary Settlement was signed. This easement (the "ESQD Easement") will cover a portion of the 5th fairway as depicted on the attached Location Map. • Considerations: The ESQD Easement will allow the golf course facilities to remain operational, but it will limit structures in the area of the ESQD Easement to the existing or similiar golf course features. A copy of the proposed Grant of Easement is attached. The Navy had the proposed ESQD Easement appraised; however, the Navy's appraiser deemed the easement of "nominal" value, because the Golf Course Property has a deed restriction limiting it to municipal recreation use, and that use (as a golf course) will be able to continue, albeit with restrictions over the 5th fairway. The Navy does not share its appraisals, and the City has the option to get its own appraisal, but due to the likely low value of the easement and due to the nature of the City's positive relationship with NAS Oceana, the City has opted not to do so. It is proposed that the City grant the ESQD Easement to the Navy for $1 ,000. The proceeds from the sale of the ESQD Easement will be deposited in the General Fund Account #100.405.5000.442020. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. The public hearing will be held on May 18, 2021 . • Recommendations: Approve the Ordinance • Attachments: Ordinance, Draft Grant of Easement, Location Map Recommended Action: Submitting Department/Agency: Parks and Recreation A%''�` City Manager: fi)-*' 1 AN ORDINANCE AUTHORIZING CONVEYANCE 2 TO THE UNITED STATES OF AMERICA OF A 3 SAFETY ARC EASEMENT OVER 15.07± 4 ACRES OF CITY-OWNED LAND AT THE RED 5 WING LAKE GOLF COURSE 6 7 WHEREAS, the City owns property at 1144 Prosperity Road, on which it 8 operates the Red Wing Lake Golf Course (the "Golf Course Property"), which the City 9 acquired from the Commonwealth of Virginia on July 9, 2002; 10 11 WHEREAS, around the same time, the City entered into a Deed of Boundary 12 Settlement with the United States, Department of the Navy (the "Navy") to resolve an 13 overlap of deeds in the area where the 5th fairway of the golf course was located on the 14 Golf Course Property, and records at the time indicated the Navy intended to reserve 15 easements on the overlap area to protect functions of Dam Neck Station, a facility of 16 NAS Oceana; 17 18 WHEREAS, the Navy is interested in acquiring a safety arc easement over a 19 15.07-acre portion the Golf Course Property to establish a protective arc around its 20 Naval Air Station Oceana / Dam Neck Annex to establish an Explosive Safety Quantity 21 Distance (ESQD) Zone, which is similar to the restriction the Navy intended to reserve 22 at the time the Deed of Boundary Settlement was signed. This easement (the "ESQD 23 Easement") will cover a portion of the 5th fairway, as depicted on the exhibit attached 24 hereto as Exhibit A and made a part hereof; 25 26 WHEREAS, the ESQD easement will allow the golf course facilities to remain 27 operational, but it will limit structures in the area of the ESQD Easement to the existing 28 or similar golf course features, and a copy of the proposed Grant of Easement is 29 attached hereto as Exhibit B and made a part hereof; and 30 31 WHEREAS, in recognition of the partnership of the Navy and the City, the City 32 Council finds that it is in the best interests of the City to grant the ESQD Easement to 33 the Navy for$1,000. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a Grant of Easement to 39 the Navy for the conveyance of the ESQD Easement, so long as it is in substantial 40 conformance with the draft Grant of Easement attached hereto as Exhibit B, with such 41 other terms, conditions or modifications as may be satisfactory to the City Manager and 42 in a form deemed sufficient by the City Attorney; 43 44 Further, that the revenue from the sale of the ESQD Easement in the amount of 45 $1,000 shall be received and deposited in the General Fund Account 46 #100.405.5000.442020. 47 48 This ordinance shall be effective from the date of its adoption. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2021. 52 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11640 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d006\p008\00066100.doc R-1 February 1, 2021 APPROVED AS TO CONTENT Parks and Recreation APPROVED AS TO LEGAL SUFFIC CY • City Attorney's Office 1 m il' F SITE ' ; .. * ` " , .13 # ',4.; °' ' : S ; A I' Y .A� ' ,:L+ ,.... 4 r ` ,g, Dam Neck Base 1 m' Z . . r 4 ` ., K A • � a �: Hole #5 ,» A , « ,1 - c ;. « �r• , ' -`:,..7,,, 11PV'-' - tabbies' rc '�, �' m x Wing o0 Red Golf Course , 5 W . a. �' 4 a, ,L . b r tau' e '., e ' " , !, LOCATION MAP ... „ 1 ESQD EASEMENT ON \, ,,• - , „ CITY PROPERTY Map Key _ , RED WING GOLF COURSE IZI ESQD Easement GPIN 2425-09-5570 Q2425-09-5570 L Feet Q Federal Property 0 250 500 1.000 •repares w ►�.r ng. ng. upport ervices Bureau r / •'a • I I •rofectslARC tles.••' mg Golf Gourse-Easement 'enal A EXHIBIT Prepared by: United States of America Commanding Officer(Attn:Code RE4-PM) All correspondence pertaining to Naval Facilities Engineering Systems Command Mid-Atlantic this Easement should reference 9324 Virginia Avenue Contract No.N40085-21-RP-00063 Norfolk,VA 23511-3095 EI-11530 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(4) $ GRANT OF EASEMENT THIS EASEMENT, made this day of , 2021, by and between the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, hereinafter called the GRANTOR,and the UNITED STATES OF AMERICA, acting by and through the Department of the Navy, hereinafter called the GOVERNMENT (the "GRANTEE"); WITNESSETH: WHEREAS, the GRANTOR is the sole owner in fee simple of certain property containing 15.0688 acres per survey, more or less (the"Property"), more particularly described herein and being a portion of land known and used as the Red Wing Lake Golf Course,located in the City of Virginia Beach,Commonwealth of Virginia and situated near Naval Air Station, Oceana, Dam Neck Annex, Virginia Beach, Virginia,hereinafter called the INSTALLATION; WHEREAS, the GOVERNMENT desires to acquire a perpetual easement and restrictive development rights and rights of ingress and egress on, over, across and through the Property for the establishment,maintenance, operation and use of an explosive safety area and restricted use zone, known as an Explosive Safety Quantity Distance ("ESQD")Zone (the "ESQD Easement"); and WHEREAS, the GRANTOR and the GOVERNMENT entered into an agreement identified as the Agreement for Purchase of Real Property, Contract No. N40085-21-RP- 00084, dated , whereby the GRANTOR agreed to sell and the GOVERNMENT agreed to purchase for the consideration of One Thousand Dollars ($1,000.00), the hereinafter described ESQD Easement on, over and across said lands; and WHEREAS, the OWNER and the GOVERNMENT now desire that said Agreement shall be carried out by formalizing said conveyance; NOW THEREFORE, in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), cash in hand paid to the GRANTOR, the receipt and sufficiency GPIN: 2425-09-5570 of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GOVERNMENT and its assigns, a perpetual ESQD Easement and restrictive development rights and rights of ingress and egress on, over, across and through the Property in connection with the operation of Naval Air Station, Oceana, Dam Neck Annex, Virginia Beach, Virginia, and such ESQD Easement shall be over lands hereinafter described,to wit: ALL THAT certain explosive safety quantity distance easement, lying,situate and being in the City of Virginia Beach, Virginia and designated, described, and shown as the hatched area as: "PROPOSED ESQD EASEMENT AREA= 656,400 SQ. FT. OR 15.0688 ACRES" as shown on that certain exhibit entitled: "EXHIBIT OF ESQD EASEMENT FOR UNITED STATES OF AMERICA NAVAL AIR STATION OCEANA, DAM NECK VIRGINIA BEACH, VIRGINIA ESQD = (EXPLOSIVE SAFETY QUANTITY DISTANCE)," Scale of 1" = 250', dated September 23, 2020, prepared by NAVFAC Midlant, which exhibit is attached hereto as Exhibit "A" and made a part hereof, and to which reference is made for a more particular description. IT BEING a part of the same property conveyed to the GRANTOR by Deed from the Commonwealth of Virginia, Department of Military Affairs dated June 18, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4735, at page 679. SUBJECT TO any easements,restrictions, reservations or rights of way of record. This ESQD Easement is granted subject to the following terms and conditions: 1. This is a perpetual easement over the entire area of the aforedescribed Property, which restricts and absolutely prohibits the GRANTOR, their successors, lessees, assigns or heirs of the aforedescribed Property from erecting, constructing, installing, or continuing to occupy, any structure, dwelling or building, as these terms are defined herein, once this instrument is signed by both the Grantor and Grantee. A structure, dwelling or building is defined as including, but not limited to, single or multifamily dwellings, houses,hotels, motels, trailers, mobile homes and other similar structures where humans live, and rain shelters, bathrooms, clubhouses,bleachers, tool sheds, storage sheds, cart charging sheds, snack bars, and drink bars where humans would gather. GRANTOR may continue using existing golf course related improvements, and may erect new golf related improvements as long as such improvements fall into one of the following categories: golf holes,pathways, golf ball cleaners, greens, and systems to maintain such improvements such as irrigation systems. GOVERNMENT shall have the right to enter upon the aforedescribed Property to alter or remove all structures, dwellings or buildings consructed after the date this instrument is signed by both the Grantor and Grantee. The cost of altering or removing any structure, dwelling or building erected, constructed, or installed after the date of this instrument, and all consequential damages relating thereto shall be borne by the GRANTOR. 2 GPIN: 2425-09-5570 2. No more than twelve (12)persons may assemble for any purpose on the Property at any time. 3. In addition to the restrictions noted above, there shall be no generation or propagation o f radio frequency transmissions originating within the property from equipment designed for the purpose of transmitting radio frequency energy. Examples of this type of equipment include,but are not limited to,the following: amateur radio transmitters,citizen band transceivers,microwave transmitters and radar transmitters. Furthermore, there shall be no propagation of radio frequency radiation from equipment generating radio frequency energy for other than broadcast use. Examples of this type of equipment include, but are not limited to, the following: diathermy machines, X-ray equipment,and microwave ovens. This restriction does not apply to (1)the use of equipment which emits minor amounts of radio frequency radiation which attenuates to an undetectable level within a few feet of the equipment, including, without limitation, (examples of this type of equipment includes fluorescent, sodium vapor and mercury vapor lighting, internal combustion engines and electric motors); (2) the existing radio controlled irrigation system servicing the existing golf course, and replacement systems, so long as they emit no greater frequency than the current system; or(3)transient equipment such as golf balls with chip tracking, and personal cell phones. 4. In addition to the rights noted above, Grantee shall be granted a perpetual easement of ingress and egress on, over, across and through the aforedescribed Property for the purpose of exercising the rights set forth herein. This easement is subject, however, to existing easements for public and private roads and highways, public utilities, railroads and pipelines and all encumbrances of record. The GRANTOR covenants with the GOVERNMENT that it is seized of said Property in fee simple; that GRANTOR has the right to convey, and voluntarily conveys for the agreed upon price,this Easement with the additional authority for the GOVERNMENT to control and restrict the use and development of the Property as provided in this Easement; and the GRANTOR grants this easement with SPECIAL WARRANTY. 3 GPIN: 2425-09-5570 IN WITNESS WHEREOF,the GRANTOR has caused this GRANT OF EASEMENT to be executed as of the day and year first written. UNITED STATES OF AMERICA DEPARTMENT OF THE NAVY By: AMANDA R. M. PACK Real Estate Contracting Officer By direction,Naval Facilities Engineering Command, Mid-Atlantic 9742 Maryland Avenue Norfolk, Virginia 23511-2699 State of Virginia ) City of ) I, , a Notary Public for the State at Large, hereby certify that Amanda R. M. Pack, whose name as such is signed to the foregoing Easement has this day acknowledged the same before me in the City and State aforesaid. Given under my hand this day of— , 2021. Notary Public My Commission expires: Registration number: 4 GPIN: 2425-09-5570 APPROVED AS TO CONTENT CITY OF VIRGINIA BEACH By:Parks& Recreation Department City Manager or Authorized Designee Attest: APPROVED AS TO CONTENT By: City Clerk Public Works/Real Estate Department APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office State of Virginia ) City of ) I, , a Notary Public for the State at Large, hereby certify that —__ . whose name as such is signed to the foregoing Easement has this day acknowledged the same before me in the City and State aforesaid. Given under my hand this day of ,2021. Notary Public My Commission expires: Registration number: 5 GPIN: 2425-09-5570 EXHIBIT A TO GRANT OF EASEMENT r ATLANTIC 0 250' 500' 750' 1000' OCEAN E a • w /SITE DAM GRAPHIC SCALE 1" = 250' �, a NECK c Yti 04Cil Golf G ANNEX c - S A'PROPERTY UNE AS SHOWN 0 PROPOSED ESOD EASEMENT o rn N COURSE (M.B. 302, PG. 58) j/ AREA= 656,400 SQ. FT. AND BY BOUNDARY LINE d OR 15.0688 ACRES ' SETTLEMENT WITH CITY OF ��AKE VIRGINIA BEACH a w DAM NECK BLVD.REDWING (INST.# 200209243038266) < o � /^ /��� ., AND SHOWN ON BOUNDARY SURVEY M '" i"`W/1 - _ NAVAL MR STATION OCEANA DAM NECK z s VIRGINIA BEACH, VIRGINIA DATED 10/17/2017 C VICINITY MAP INST. #20171016000890610 5 y UNITED STATES OF AMERICA C.1::.) SCALE: 1'= 2000' (D.B. 443, PG. 142)(CML MISC. #71381927) EDGE PAVEMENT GPIN: 2426-33-0570 7'N= 3.462.518.75' POINT OF COMMENCEMENT CY PIPE#85 If r (GOVERNMENT FENCE) QA)E= 12,219,260.86' j 1205. 9 h N77'20'29'E 691.59' PIN #86 N81'23'Oi•E 79 h# (,._______ ON #91 1169. PIPE #87 " '•' / 35.80 —may,,,,"" ',,w",,,.,.,} C2 i S Na-,' �... CONCRETE l 1 ro ( CART PATH 3 PIN #84 S73'36'49"E POINT OF BEGINNING ... f A-1 2268.99' ` f 1 EDGE WOODED REDWING LAKE GOEf COURSE -- AREA /i, ,a� .- NOW OR FORMERLY I 1 i�' CITY OF VIRGINIA BEACH (D.B. 4735, PG. 679) I (M.B. 302, PG. 58) 'L % k c`3 GPIN: 2425-09-5570 / p cl 1. THE MERIDIAN SOURCE IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ! ZONE NORTH AMERICAN DATUM (NAD 1983/1994 HARM). COORDINATES AND DISTANCES SHOWN ARE GRID DISTANCES IN V.S. FEET. UNITED STATES OF AMERICA 2. EXHIBIT DATA AND PROPERTY MONUMENT NUMERATION BASED ON PLAT ENTITLED /1(,, 11 (D.B. 282, PG. 596) "BOUNDARY SURVEY NAVAL AIR STATION OCEANA DAM NECK VIRGINIA,BEACH, VIRGINIA' • GPIN: 2425-39-2661 DATED OCTOBER 17, 2017 AND RECORDED AS INST. # 20171016000890610 1 • MON IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH. f/ #83 DEED AND PLAT DATA IS BASED ON INFORMATION OBTAINED FROM NAVY REAL ESTATE 1/ RECORDS AND CLERK OF CIRCUIT COURT CITY OF VIRGINIA BEACH, VIRGINIA �1 S20 26'S6'W 466 78' 3. NOTHING ON THIS EXHIBIT SHALL BE CONSTRUED AS CHANGING THE TRUE BOUNDARY UNE OF THE SUBJECT PROPERTY, WHICH REMAINS AS SET FORTH IN THE DEED OF BOUNDARY SETTLEMENT, DATED JULY 26, 2002 AND RECORDED IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT NO. 200209243038266. cf. 01/. PIN #82 ''' PIN #81 •f. S16'15'13'E �� • 83.74' N�i,r N= 3 460.333.19' ;o� S56'45'06'W E= 12,222,693.48' �- 39.36' WI 1 UNITED STATES OF AMERICA ��a (INST. #2 2425-29-230830) Ma , GPIN: 2425-29 2360 MII3LA0flF EXHIBIT OF ESQD EASEMENT CURVE TABLE FOR 'CURVE# LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD UNITED STATES OF AMERICA Cl 1776.95' 1375.00' 74'02'42" 1036.98' N1738'51"E 1655.85' . NAVAL AIR STATION OCEANA,DAM NECK - VIRGINIA BEACH,VIRGINIA C2 897.79' 1375.00' 3T24'38" 465.55' N82'56'56 W 881.93' ESQD = (EXPLOSIVE SAFETY QUANTITY DISTANCE) ~BY: REC INSTALLATION : NAVAL AIR STATION OCEAN& DAM NECK UIC:N60191 SA: DN BL AM1 PL•AM1 SHEET CHECKED: RA JOB ORDER No. ADLCRO RPSUID No.645 DWG DATE SEPT 23, 2020 - 1 OF 1 APPROVED: RA DIGITAL DWG FILE: CSS-645-19-079 SCALE: 1' = 250' 1 I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 10-1 to change Polling Place re Lynnhaven Precinct to John B. Dey Elementary School 2. Resolution to CREATE the Urban Agriculture Advisory Committee(Requested by Council Members Abbott and Berlucchi) 3. Ordinance to APPROPRIATE $550,000 of Fund Balance from the Waste Management Enterprise Fund re meet payroll obligations 4. Ordinance to AMEND the scope of Capital Project #100581 "Crime Prevention through Environment Design" and TRANSFER $500,000 to CIP #100581 re establish a Police satellite office in the Resort Area [ ,AIZZLine.'4'c'.‘,,,, .i.r_ :I, CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for the Lynnhaven Precinct MEETING DATE: May 18, 2021 • Background: The Virginia Beach Electoral Board voted on April 14, 2021 to move one polling location. This change to the polling location of the Lynnhaven Precinct is necessary because the Cape Henry Church has moved. The new location will be at John B. Dey Elementary School located at 1900 N Great Neck Road, 23454. • Considerations: This location meets the requirements of the Americans with Disabilities Act. This change will become effective upon approval by the City Council beginning with the June Party Primary Elections. • Public Information: As required by Section 24.2-306 of the Code of Virginia notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. All voters in the precinct will receive new voter notice with the name and address of the new polling location. An advertisement will be placed in the newspaper prior to the June Party Primary Elections. • Recommendations: Adopt the proposed change. • Attachments: Ordinance; Map Recommended Action: Approval Submitting Department/Agency: Voter Registrar City Manager: / 1/'7 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 LYNNHAVEN PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 Section 10-1 of the City Code are hereby amended and reordained to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their respective 16 polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Woodstock Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Princess Anne High School 29 Brandon Brandon Middle School 30 Brookwood Brookwood Elementary School 31 Buckner Green Run Baptist Church 32 Cape Henry Research and Enlightenment Building (Edgar 33 Cayce Library) 34 Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesapeake Beach Bayside Baptist Church 37 Chimney Hill Rosemont Elementary School 38 College Park College Park Elementary School 39 Colonial Colonial Baptist Church 40 Colony Lynnhaven Colony Congregational Church 41 Corporate Landing Corporate Landing Middle School 42 Courthouse Kellam High School 43 Creeds Oak Grove Baptist Church 44 Cromwell Landstown High School 45 Culver Ocean Lakes High School 46 Dahlia Green Run High School 47 Dam Neck Corporate Landing Elementary School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Middle School 52 Fairfield Kempsville Presbyterian Church 53 Foxfire Wave Church 54 Glenwood Glenwood Elementary School 55 Great Neck All Saints Episcopal Church 56 Green Run Green Run Elementary School 57 Haygood Haygood United Methodist Church 58 Hillcrest New Castle Elementary School 59 Holland Holland Elementary School 60 Homestead Providence Presbyterian Church 61 Hunt Princess Anne Recreation Center 62 Independence Water's Edge Church 63 Indian Lakes Indian Lakes Elementary School 64 Indian River San Lorenzo Spiritual Center 65 Kings Grant St. Nicholas Catholic Church 66 Kingston King's Grant Presbyterian Church 67 Lake Christopher New Covenant Presbyterian Church 68 Lake Joyce Morning Star Baptist Church 69 Lake Smith Bayside Church of Christ 70 Landstown Landstown Community Church 71 Larkspur St. Andrews United Methodist Church 72 Lexington Larkspur Middle School 7� Linkhorn Virginia Beach Community Chapel 74 Little Neck Lynnhaven United Methodist Church 75 London Bridge London Bridge Baptist Church 76 Lynnhaven Cape Henry Church 77 John B. Dey Elementary School 78 Magic Hollow Virginia Beach Moose Family Center 79 Malibu Malibu Elementary School 80 Manor Providence Elementary School 81 Mt. Trashmore Windsor Woods Elementary School 82 Newtown Good Samaritan Episcopal Church 83 North Beach Galilee Episcopal Church 84 North Landing Hope Haven 85 Ocean Lakes Ocean Lakes Elementary School 86 Ocean Park Bayside Community Recreation Center 87 Oceana The Gathering at Scott Memorial United 88 Methodist Church 89 Old Donation Calvary Baptist Church 90 Pembroke Pembroke Elementary School 91 Pinewood Lynnhaven Presbyterian Church 92 Plaza Lynnhaven Elementary School 93 Pleasant Hall Emmanuel Episcopal Church 94 Point O'View Point O'View Elementary School 95 Red Wing Seatack Elementary 96 Rock Lake Salem Elementary School 97 Rosemont Forest Rosemont Forest Elementary School 98 Roundhill Salem High School I I 120Z'9 ReW 1.- I Otr691t10 aogiO s,A o i JeJ -7, .7-7"in ) y --)..--;s!6a�1 Jalo/� :AON3I01JdflS 1VO3101 SC a3A0 dd'd :1N31NO0 01 SC a3/1023ddy IZOZ ' 4.o Aep s!q}uo `e!u!6J!A `yoeag e!u!6J!n to Apo NI}o l!ouno0 AID eql Aq paldopv }ou!oaWd £Z l 6u!plmg Jegs!6aE- alo, aanlinou6y Jalon eatuasgy leJXua° ZZL Jelueo am uePuy0 yoeag e!u!BJln aJeusJIoM I-ZI- goJnyO ueue AgsaJd ap!sAeg 'ionpyol!M OZl looyog AJe}uawa13 s)le0 Jospu!M swop Jospu!M 61.I- yoJnyO lsgdeg uuki e!Ieyl 96811!i\ 814 looyoS Alelueweig sNeO eeJyl uoldn L I-1, gaingO Ts!}deg moaly waJO pow/quail 91-1. looyoS AJe}uew813 sNeO 81411M eAepagwll 91.l looyoS eipp!W aouepuadepui poo6g6noioyl 1714 looyoS AJewawef3 e!leg1 e1leyl £l I• looyoS AJewawa13 pooMllel pooMllel Z l l looyoS Aieluawalg a6pugMeJls a6ppgMeils l 1.1. fueiqn easy ali!Asdwayi ase40 piojaJIS 01.I. e!u!6J_A to Ja1ua0 py Aaeiodwaluo0 yoeag ylnoS 60l looyoS AJeluewa13 !I!1N pa i ew6!g 80l yoing3 o!loyie0 sMayfleW -ls Ved AJJagS LOl AJeluawei3 )iJed uollagS }1Jed uo4layS 901- Jelennap!1}o yo1n40 i ufl ileyS 901. looyoS AJeluawa13 swJej JaydojsugO awnq!ags VOL uo!suaosy ay;Jo yoJngo uouueys COL goJngO }s!adeg an!IO lunon Noeleas ZOl yoJny3 is!poylaVJ pa4!ufl aloewagel a6ppgpueS l0l looyoS Amwawag AeM)tJed spooM wales 001 looyoS Aiewawaig a)ioo0 .l •M aapnN 66 MAP POLLING LOCATION FOR LYNNHAVEN PRECINCT Sn Cape He h Lynnhaven _ cape I ",co Shores 3 pe Henry Church Ili. Story y Cape Henry `"049 LynnhSven - Shores Shored) _ ` Y/f .,J. r; _y PA` "�1� Cape Stor Qaoze Lynidhavercalony^Congregaeonal Church by the Se. .75 Ccony' _ 'Cs_• r'"` _ 1. J' e V1 d. Ly hha,,en Z h.awm/), iA Lynnha'en 'it, ytn Lynnhaven 'n But 6 Bexn v .,i Broa• F a.airy 4 Colony ' hl In da%/n,� Hhee Si Col µJ { :- 8asm Fin .,,,e' Broad r••. Bay Point Islam 1.. hr.,:lu. Or tray Rd Ad,_ ",.,09 4d Allsaintqp ...alGhurch d 1, 010 GrsatNeck n Jade h1ea.. ''.sir'..... Great Neck 'I, Point ,Mh Dey vioal G \�\ Ei:n B nle ,,m4dig .; &Iwclry &l.00i Green Hill 010 Farms • Chel; Wimbledon 'l: !fin Th..Rw �• :'�"� \Cw Moving precinct 049, Lynnhaven,from Cape Henry Church to the John B. Dey Elementary School. pGh1A BCC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Create the Urban Agriculture Advisory Committee MEETING DATE: May 18, 2021 ■ Background: The City Zoning Ordinance promotes and protects the health, safety, and general welfare of the people of the City. The ordinance implements the City's comprehensive plan by encouraging the most desirable use of land for residential, agricultural, commercial, industrial, and other purposes. The City's Agricultural Districts were implemented to protect and preserve agricultural lands for agricultural functions and to protect and preserve agricultural lands and activities in the rural areas of the City. City Code § 5-543 restricts people who live in zoning districts other than the Agricultural Districts from possessing what are colloquially known as barnyard animals, including poultry and swine, and the Zoning Ordinance prohibits persons who do not live in Agricultural Districts from engaging in certain agricultural activities. Several City residents who desire to own backyard hens, mini pigs, or other animals but are unable to do so because their homes are not in an Agricultural District have asked the Council to consider amending the City Code to allow such ownership. Residents also have asked about a City composting program that could divert waste from landfills, which could enrich soil, decrease the potential for groundwater pollution, and reduce the cost of using landfills. • Considerations: The City Council would benefit from receiving the advice and recommendations of a citizens committee composed of persons with experience in agricultural matters as wells as residents who do not live in Agricultural Districts to determine the best paths forward with respect to agriculture in urban areas. This resolution establishes the Urban Agriculture Advisory Committee. The committee would consist of eleven members who reflect the geographical makeup of the City Council and would include persons with agricultural expertise along with residents of urban areas. Staff support would be provided by the Planning Department along with representatives of the Department of Agriculture, the Department of Housing and Neighborhood Preservation, the Health Department, the Animal Control Unit, and the City Attorney's Office. The committee would study issues referred to it by the City Council—the first two of which would be (1) backyard hens and mini pigs in districts not zoned for agriculture and (2) a City composting program—before making recommendations to the City Council. • Public Information: Via the normal Council agenda process. • Attachments: Resolution. Requested by Councilmembers Abbott and Berlucchi REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI 1 A RESOLUTION TO CREATE THE URBAN 2 AGRICULTURE ADVISORY COMMITTEE 3 4 WHEREAS, the City Zoning Ordinance was enacted to promote and protect the 5 health, safety and general welfare of the people of the City; 6 7 WHEREAS, the ordinance implements the comprehensive plan of the City by 8 encouraging the most desirable use of land for residential, agricultural, commercial, 9 industrial, and other purposes by good civic design and arrangement, among other 10 things; 11 12 WHEREAS, the AG-1 and AG-2 Agricultural Districts were implemented to protect 13 and preserve agricultural lands for agricultural functions and to protect and preserve 14 agricultural lands and activities in the rural areas of the City in harmony with reasonable 15 levels of rural residential development; 16 17 WHEREAS, City Code § 5-543 restricts persons who live in zoning districts other 18 than the Agricultural Districts from possessing what may be colloquially known as 19 barnyard animals, including poultry and swine, and the Zoning Ordinance prohibits 20 persons who do not live in Agricultural Districts from engaging in certain agricultural 21 activities; 22 23 WHEREAS, several City residents who desire to own backyard hens or other 24 animals but are unable to do so because their homes are not in an Agricultural District 25 have asked the Council to consider amending the City Code to allow such ownership; 26 27 WHEREAS, residents also have inquired about a City composting program that 28 could divert waste from landfills, which could enrich soil, decrease the potential for 29 groundwater pollution, and reduce the cost of using landfills; 30 31 WHEREAS, the City Council would benefit from receiving advice and 32 recommendations of a citizens committee composed of persons with experience in 33 agricultural matters as wells as residents who do not live in Agricultural Districts to 34 determine the best paths forward with respect to agriculture in urban areas. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA, THAT: 38 39 1. The City Council hereby establishes the Urban Agriculture Advisory 40 Committee. 41 42 2. The committee shall serve in an advisory capacity to the City Council, and 43 the City Council shall appoint its members. 44 45 3. The committee shall consist of eleven members who reflect the 46 geographical makeup of the City Council, with one member from each Council district and 47 four members serving at large, and it should include persons with agricultural expertise 48 along with residents of urban areas. 49 50 4. Staff support shall be provided by the Planning Department along with 51 representatives of the Department of Agriculture, the Department of Housing and 52 Neighborhood Preservation, the Health Department, the Animal Control Unit, and the City 53 Attorney's Office. 54 55 5. The committee shall study issues referred to it by the City Council, the first 56 two of which are the issue of backyard hens and mini pigs in districts not zoned for 57 agriculture and a City composting program, and it shall provide the City Council with 58 recommendations that promote the health, safety and welfare of the City's residents. 59 60 Adopted by the City Council of the City of Virginia Beach, Virginia on the 61 day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA14928 R-3 May 13, 2021 2 ices '` =, iF CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $550,000 of Fund Balance from the Waste Management Enterprise Fund to Meet Payroll Obligations MEETING DATE: May 18, 2021 • Background: The Waste Management Enterprise Fund requires an additional $550,000 in order to meet the fund's payroll obligations through the end of FY 2020-21. There were a number of factors that have contributed to the current payroll shortage in the fund, which include the following: • A pay range increase in October 2020 that was implemented for operators in the Waste Management Division to address concerns regarding compensation equity for such operators; • The September 2020 authorization of one-time payments by the City Council for employees that worked in outward facing roles during the COVID-19 Pandemic. Payments were absorbed within the Operating Budget as Waste Management Operators were not eligible use of CARES Act funding; • An unanticipated City employee holiday, Election Day, which increased overtime; • Increased vacancies that required overtime and the use of contracted manpower; and • Elevated tonnage and service demands during the COVID-19 Pandemic. • Considerations: In order for Waste Management to post their payroll for the rest of the fiscal year, an appropriation of fund balance is required. Any fund balance that is appropriated for payroll that remains unspent at the end of the fiscal year will revert back to Waste Management fund balance. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 00c1) 1 AN ORDINANCE TO APPROPRIATE $550,000 OF FUND 2 BALANCE FROM THE WASTE MANAGEMENT 3 ENTERPRISE FUND TO MEET PAYROLL OBLIGATIONS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 THAT: 7 8 $550,000 in fund balance from the Waste Management Enterprise Fund is hereby 9 appropriated, with retained earnings revenue increased accordingly, to the Waste 10 Management Enterprise Fund to meet the fund's year-end payroll obligations. 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. I fikr1-11—b Budget& Management Services ft mey's Office CA15445 R-1 May 5, 2021 Z IL Li.T,:ytiJJ ,,Vw`r~ CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: An Ordinance to Amend the Scope of Capital Project #100581 , "Crime Prevention Through Environmental Design," and to Transfer $500,000 to Project #100581 to Establish a Police Satellite Office in the Resort Area MEETING DATE: May 18, 2021 • Background: On March 26, 2021 , several acts of violence occurred at the Virginia Beach Oceanfront. The City of Virginia Beach has always held the safety of the public as a top priority. The City Manager's Proposed FY 2021-22 Operating Budget and Capital Improvement Program (CIP) included new public safety initiatives and several additional programs and projects were provided to the City Council for consideration during the Police Department's Operating Budget presentation. On April 20, 2021 , the City Council adopted an ordinance to address emergent public safety needs. Among the actions approved by the City Council was the establishment of a nPw capital nroiPct tti 00581, "Crime Prevention Through Environmental Design." This request is to supplement that project, and further the Council's goal of a safe Resort Area, with a leased space that will allow the Police Department to establish a secondary location within the portion of the Resort Area that has the most activity. Earlier this year, the City Council authorized a "City Manager's Special Pandemic Relief and Vaccine Support Reserve" (the "Reserve"). The Reserve includes local funding that is available for other uses due to the reimbursement of public safety salaries through the Coronavirus Aid, Relief, and Economic Security (CARES) Act's Coronavirus Relief Fund. The Reserve provides the City with flexibility in the use of the funding to meet emerging needs and policy priorities. • Considerations: The attached ordinance amends the scope of Capital Project #100581 , "Crime Prevention Through Environmental Design," to allow for the lease and build-out of a Police satellite office in the Resort Area. This office will allow the Police Department to proactively monitor activities in the Resort Area and respond as needed. Funding for this lease and build out will occur through a transfer from the Reserve to the "Crime Prevention Through Environmental Design" project in the Information Technology Section of the FY 2020-21 CIP. There is a contingency included in the amount authorized, which if not needed can be directed to future rent. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO AMEND THE SCOPE OF CAPITAL 2 PROJECT #100581, "CRIME PREVENTION THROUGH 3 ENVIRONMENTAL DESIGN," AND TO TRANSFER 4 $500,000 TO PROJECT#100581 TO ESTABLISH A POLICE 5 SATELLITE OFFICE IN THE RESORT AREA 6 7 WHEREAS, the City of Virginia Beach recognizes that there are additional City 8 operations and initiatives that will provide for the immediate public safety, public health, 9 and economic well-being of the citizens of the City; 10 11 WHEREAS, the City Council authorized a City Manager's Special Pandemic Relief 12 and Vaccine Support Reserve on February 2, 2021; 13 14 WHEREAS, the City Council of the City of Virginia Beach hereby declares the 15 enhancement of the public safety of all citizens to be the most pressing priority of the City 16 of Virginia Beach; and 17 18 WHEREAS, the City Council wishes to build upon public safety enhancements 19 enacted by the City Council on April 20, 2021. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA, THAT: 23 24 1. The scope o1 Capital Project#100581, "Crime Prevention it ii ough Environmental 25 Design," is hereby amended in the FY 2020-21 Capital Improvement Program to 26 allow for the leasing of property, build-out, and furnishing of a satellite office in the 27 Resort Area of the City for the Police Department. 28 29 2. $500,000 is hereby transferred from the City Manager's Special Pandemic Relief 30 and Vaccine Support Reserve to Capital Project #100581, "Crime Prevention 31 Through Environmental Design," to allow the City to establish a satellite Police 32 office in the Resort Area. 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: P `` _ t •1- N _ _ Budget and Management Services City eye Office CA 15444 R-1 April 28, 2021 J. PLANNING 1. MARTHA WHITE/STEVEN K. FINGER, ET AL. for a Variance to Section 4.4(b) of the Subdivision Regulations re create two (2) lots,with one(1)lot not meeting the agricultural district allowable density requirements at 6332 Pocahontas Club Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 2. FESTIVAL, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re outdoor dining and entertainment,outdoor recreation, commercial parking lot, open air market, recurring special events on site with various outbuildings, structures and signs at 712 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KROLL INVESTMENT GROUP,LLC for a Modification of Proffers re additional option of exterior building material at 1529 Taylor Farm Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. CRP-GREP OVERTURE CHESAPEAKE OWNER,LLC/CFC,LLC for a Modification of Conditions re freestanding monument sign at 3399 Ocean Shore Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 5. NORTH LANDING BEACH RV RESORT & COTTAGES—VIRGINIA BEACH,LLC for a Modification of Conditions re non-commercial marina at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. CITY OF VIRGINIA BEACH for a Change of Zoning from R-5D Residential Duplex District to R-7.5 Residential District re resubdivide and incorporate into existing lots of adjacent property owners at 206 Bob Lane DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC./ CATHOLIC DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA for a Conditional Use Permit re group home at 1593 Lynnhaven Parkway DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 8. CERZA ENTERPRISES, LLC for Conditional Use Permit re motor vehicle sales and rentals at 6056 Indian River Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 9. A & G AUTO SALES/ G & A PROPERTIES, LLC for Conditional Use Permit re motor vehicle sales and rentals at 604 Newtown Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 10. THE VIRGINIA BEACH WINERY, LLC/ SIFEN DEVELOPMENT COMPANY, INC for a Conditional Use Permit re craft winery at 1064 Lynnhaven Parkway, Suite 113 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 11. DERRICK & NICOLE HOWELL for a Conditional Use Permit re outdoor recreation facility at 5409 Blackwater Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 12. CITY OF VIRGINIA BEACH — Ordinance to AMEND City Zoning Ordinance (CZO) Sections 207 and 232 re distinguish between an administrative and standard review process and determine associated fees for communication towers,small cell facilities,and building mounted antennas RECOMMENDATION: APPROVAL 13. CITY OF VIRGINIA BEACH — Ordinance to AMEND City Zoning Ordinance (CZO) Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531, 2203 and the Oceanfront Resort District Form Based Code Sections 5.2, 5.2.16 and 5.3.17 re communication towers, small cell facilities, building mounted antenna and temporary towers RECOMMENDATION: APPROVAL 0'.. ...i ,,x, 4......4e,s, , 4,...„ .4ass ,,,,.., _, •. 1.1 / i 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 March 2,2021,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,May 18,2021 at 6:00 p.m.In Suite 5 of the Virginia Beach Convention Center.Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4. 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 who cannot be seated in Suite 5 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 mask 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 pttos://vbeov.webex.com/vheov/onstaie/E.oho?M TI D=ea3ea905f8fcdb736dc8Re8a 1a4d66a29 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on May 18,2021. The following requests are scheduled to be heard: CITY OF VIRGINIA BEACH-An Ordinance to Amend Sections 207 and 232 of the City Zoning Ordinance Pertaining to Communication Towers,Small Cell Facilities,and Building Mounted Antenna CITY OF VIRGINIA BEACH-An Ordinance to Amend the City Zoning Ordinance Sections 301,401,501,601, 701,801,901,1001,1501,1521,1531,2203 and Sections 5.2,5.2.16,and 5.3.17 of the Form Based Code,Oceanfront Resort District Pertaining to Communication Towers,Small Cell Facilities,Building Mounted Antenna and Temporary Towers Robin Gauthier,CEO on behalf of Samaritan House,Inc.(Applicant)Catholic Diocese of Richmond Virginia, Episcopal Diocese of Southeastern Virginia(Property Owners)Conditional Use Permit(Group Home)Address: 1593 Lynnhaven Parkway GPIN(s):1485484285 Council District Centerville Martha H.White(Applicant)Steven K.Finger et al.(Property Owners)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:6332 Pocahontas Club Road GPIN(s):2317838118 Council District Princess Anne City of Virginia Beach(Applicant&Property Owner)Rezoning(R-50 Residential Duplex to R-7.5 Residential) Address:206 Bob Lane GPIN(s):2407751034 Council District Beach A&G Auto Sales(Applicant)G&A Properties,LLC(Property Owner)Conditional Use Permit(Motor Vehicle Sales&Rentals)Address:604 Newtown Road GPIN(s):1468301875 Council District Kempsville The Virginia Beach Winery,LLC(Applicant)Sifen Development Company,Inc.(Property Owner)Conditional Use Permit(Craft Winery)Address: 1064 Lynnhaven Parkway,Suite 113 GPIN(s): 1496113563 Council District Rose Hall Kroll Investment Group,LLC(Applicant&Property Owner)Modification of Proffers Address:1529 Taylor Farm Road GPIN(s):1495752206 Council District Rose Hall Cerza Enterprises,LLC(Applicant&Property Owner)Conditional Use Permit(Motor Vehicle Sales)Address: 6056 Indian River Road GPIN(s):1456531283 Council District Centerville CRP-GREP Overture Chesapeake Owner,LLC(Applicant)CFC,LLC(Property Owner)Modification of Conditions Address:3399 Ocean Shore Avenue GPIN(s):1489809680 Council District Lynnhaven Derrick&Nicole Howell(Applicants&Property Owners)Conditional Use Permit(Outdoor Recreation Facility) Address:5409 Blackwater Road GPIN(s):1399121357 Council District Princess Anne North Landing Beach RV Resort&Cottages-Virginia Beach,LLC(Applicant&Property Owner)Modification of Conditions(Recreational Campground)Address:161 Princess Anne Road GPIN(s):2317412793 Council District Princess Anne Festival,LLC(Applicant&Property Owner)Alternative Compliance Address:712 Atlantic Avenue GPIN(s): 2427235940 Council District Beady 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/cityclerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-MAY 2&9,2021-1 TIME EACH r mago LL N zAlkil* No o 1.0 3 co 0 o 0 0 0 0 v 0 Pi co 0 O / / \ , 0 / 'N1..1 , i' \ °o ca O P 0111I1( z •-il 1 Q 7. ,y (19 Q��a► / N i I! v CI"i Ni �` CO N L1 lllleb' /0G ' Q 1 Ali , zr 4--------- /) il / 0 0 c5� �� o Q •L X / o J -ii:-1-3---- r, ow O___ oN co GI- /....-2(7--------C \ \ CNII t 0) Er) =c7) I i3 ' 47 ```,Q\, /�/< s� '' ' Hl E.:: oL....„ .. .1, iz z, ,,, .,,„ „:.,:t..,...z17..,-, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MARTHA WHITE [Applicant] STEVEN K. FINGER, ET AL. [Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 6332 Pocahontas Club Road (GPIN 2317838118). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: May 18, 2021 • Background: The applicant is proposing to create two lots from a 30.10-acre parcel resulting in one 4.50-acre lot and one 25.6-acre residual lot to settle the estate of the property owners. The 30.10-acre parcel is currently developed with a single-family dwelling and is actively cultivated. The allowable density in the agricultural districts is limited to one dwelling unit for every 15 acres of land. While the lot is comprised of 30.10 acres, only 5.46 acres of land exists outside of water, marsh, wetlands, and floodplain subject to special restrictions. These areas are not permitted to be counted towards density. Based on this, the proposal does not meet the minimum requirements identified in Section 402(b)of the Zoning Ordinance in order to create the two parcels, necessitating a Subdivision Variance. • 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 variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Martha White Page 2 of 2 The applicant has agreed to limit development to a single-family residence on the 4.50-acre lot and limit the larger parcel to agricultural purposes. The residual 25.6- acre parcel will not be a buildable lot, as will be indicated on the recorded plat, and will remain under cultivation. The two lots created by this Subdivision Variance will meet all the dimensional requirements set forth in the City's Zoning Ordinance for the agricultural districts. The proposal is consistent with the principles of the Comprehensive Plan for the rural area and will not adversely affect the character of the area, as the property will seemingly remain as currently developed. 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 April 14, 2021, the Planning Commission passed a motion to recommend approval of this request by a recorded vote of 9-0. 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. There shall be no future residential development or further subdividing of the 25.6 acre residual parcel. A plat note stating that "There shall be no future residential development or further subdividing of the 25.6 acre residual parcel" shall be added to the Subdivision plat and recorded with the City of Virginia Beach Circuit Court Clerk's Office. • 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 (R7 City Manager: "ir2 Applicant Martha White Property Owner Steven K. Finger, et al. Agenda Item Planning Commission Public Hearing April 14, 2021 cityof City Council Election District Princess Anne 8 Virginia Beach Request Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Staff Recommendation Approval A O Staff Planner °4,,� Marchelle Coleman +c). 4. Q elliLocation 6332 Pocahontas Club Road a GPIN 0 2317838118 Site Size 30.1 acres AICUZ ,ve ono,. Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ,,. " ---�- x 4t �' �.r ;i, „ Single-family dwelling, cultivated fields/AG-1 & � 1 AG-2 Agricultural . ...- Surrounding Land Uses and Zoning Districts °•.: _. North 'k e Single-family dwelling, cultivated field/AG-1& 4 AG-2 Agricultural / `� _..r„ham South Single-family dwelling, cultivated fields/AG-1& AG-2 Agricultural ,R' East Back Bay West f .... Pocahontas Club Road Borrow pit/AG-1&AG-2 Agricultural Martha White Agenda Item 8 Page 1 Background & Summary of Proposal • The subject parcel was platted in 1966(MB 71, P 20). • The 30.1-acre parcel,zoned both AG-1&AG-2 Agricultural Districts, is currently developed with an existing single- family dwelling. • The applicant is seeking a Subdivision Variance to create two lots from the 30.10-acre parcel by the estate.While the lot is comprised of 30.10 acres,there is less than 15 acres of land available outside of water, marsh,wetlands,and floodplain subject to special restrictions,which does not meet the necessary requirements identified in Section 402(b) of the Zoning Ordinance in order to create two parcels. Per Section 402(b),the allowable density in the Agricultural Districts is limited to one dwelling unit for each 15 acres of land.The acreage for this site,outside of water, marsh,wetlands, and floodplain subject to special restrictions, is approximately 5.46 acres and therefore does not satisfy this requirement. Based on this,the applicant is requesting a Subdivision Variance to Section 4.4(b), as the lots created by this subdivision must meet all requirements of the Zoning Ordinance. • The estate is composed of family members who wish to liquidate their land holdings. One of the family members has agreed to settle their part of the estate if a portion of the tract can be conveyed to their daughter,who currently resides in the single-family dwelling on the property. • The proposal includes one 4.50-acre lot that will contain the existing single-family dwelling.The newly created 4.50- acre lot will meet all the dimensional requirements set forth for the Agricultural District,as identified in the Zoning Ordinance.The residual parcel will be comprised of 25.6 acres and will be only used for farming purposes.This parcel will also meet the dimensional requirements regarding lot width and lot area. Despite this,the amount of water,wetlands,and floodplain subject to special restrictions decreases the total land area below the minimum density standard of one unit per 15 acres and is noted in the table below. Required Allowable Density Outside of Proposed Density Available Outside of Water, Water,Marsh,Wetlands and Floodplain Marsh,Wetlands,and Floodplain subject to subject to Special Restrictions Special Restrictions (acre) (acre) 30.10-acre Parcel One dwelling Unit for 15 acres One dwelling Unit for 5.46 Acres Required Lot Required Lot Proposed Lot Proposed Lot Width in AG Area in AG Width in AG Area in AG (feet) (feet) (feet) (feet) 4.50-acre lot 150 feet 1 acre 393 feet 4.50 acres 25.6-acre Residual Parcel 150 feet 1 acre 555 feet 25.6 acres Martha White Agenda Item 8 Page 2 al Ifr.. .., __� Zoning History # Request , _ r40 1 MOD(Borrow Pit)Approved 09/15/2020 ® j�� STC Approved 02/09/2010 i , � 4 f CUP(Borrow Pit Expansion)Approved 02/09/2010 xjf ®\ j� MOD(Borrow Pit Expansion)Approved 02/14/2006 0 a _ CUP(Borrow Pit Expansion)Approved 11/28/2000 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 Staff finds the proposal to be consistent with the principles of the Comprehensive Plan for the Rural Area.The Comprehensive Plan focuses on the heritage of the agricultural industry to help preserve and protect the land and waterways.The environmentally sensitive areas of this parcel will be restricted from development.This request,for a Subdivision Variance, is aligned with the vision of the Comprehensive Plan, as it is responsive to the environmental conditions on the site and respects the rural characteristics and heritage of the area. 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 states "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 AG- 1 and AG-2 Agricultural Districts have a minimum of 150 feet of lot width and 1 acre of lot area.Section 402(b)of the Zoning Ordiannce states "The allowable density on each tract of land as existing on the effective date of this ordinance [June 28, 1994] shall be one(1) dwelling unit for each fifteen (15)acres of land as described in the comprehensive plan as soil area# 1 and soil area#2."As stated previously,the applicant intends to subdivide this 30.1-acre site into two lots. Despite both lots meeting the dimensional requirements for parcels within the agricultural district,the amount of Martha White Agenda Item 8 Page 3 water,wetlands,and floodplain subject to special restrictions on the property decreases the total land area below the minimum density standard of one dwelling unit per 15 acres. The resulting density is proposed as 5.46 units per acre. The applicant has agreed to limit any future residential development beyond the existing single-family dwelling and to not further subdivide. In other words,the residual 25-acre parcel will not be a buildable lot and will remain under cultivation and is conditioned as such per condition two below.The two lots created by this Subdivision Variance will meet all the dimensional requirements set forth in the City Zoning Ordinance. In Staffs opinion,this subdivision will not be of substantial detriment to the adjacent property and will not adversely affect the character of the area,as the property will seemingly remain as currently developed with the exception of the added property lines to subdivide the property into two lots. Based on these considerations,Staff finds that the proposed subdivision to be in keeping with the existing character of the area and recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning& Community Development.Said plat shall be subject to the review and approval of the Department of Planning& Community Development,and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. There shall be no future residential development or further subdividing of the 25.6 acre residual parcel.A plat note stating that"There shall be no future residential development or further subdividing of the 25.6 acre residual parcel"shall be added to the Subdivision plat and recorded with the City of Virginia Beach Circuit Court Clerk's Office. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Rural Area with primarily agricultural and rural related activities.The Comprehensive Plan visualizes the Rural Area to remain rural into the foreseeable future by focusing its objectives on agricultural and environmental economic value to preserve the area for future generations. Focusing on the heritage of the agricultural industry help preserve and protect the land and waterways.Therefore, it is critical for the wetlands,floodplains, and remaining environmentally sensitive areas of the parcel be restricted from development. Additionally,the Comprehensive Plan supports multigenerational farming that sustains the lifestyle of the family residing in the rural area. Rural residential developments shall complement the rural character of the area and respect and respond to the natural environment. Design of such development shall reflect the architectural heritage and agrarian character of southern Virginia Beach. Martha White Agenda Item 8 Page 4 Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Pocahontas Club Road No Data Available Existing Land Use 1-10 ADT Proposed Land Use z—10 ADT las defined by one single-family gas defined by one single-family dwelling dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no roadway CIP projects slated for this area. Public Utility Impacts Water& Sewer No public utility impacts are anticipated as the parcel is served by a private well and a private on-site sanitary sewage system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 2021. Martha White Agenda Item 8 Page 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 14,2021. Martha White Agenda Item 8 Page 6 Proposed Site Layout ) I 8 ( y k , : \\ }/; $ 6! e . . ƒ!. - % ` As k \ iD §`t y.� k . . g, „ f /6 zxsiZ 2 § 2 \p q Na a/ 8 7 \ E 4) / 0 y « s k & q/ 0 - \~ 2 5 ƒ a 8 OD 7 cu g -. \ . & • 9 c k /� { ~ ) . ,. ) ¥ » • ,. . - , . _ — \ § . — . _ � . � ` % _ / ` Al* tm. c m .— R & a)w _c \. � - ^��Vr. Martha White Agenda Item 8 Page 7 Site Photos +F ;:> - I V IIII 1 , . r• . .' ` may- r..--- h Y orta----4-.--4.: «r-7^. t4 .- .Er �+1t't* -..� 'xyrx `i ��' � _ ` —t ���.� ¢@.'`��` A t fir' _t.�e ,�y Iti- ' ,)4,-,..fx,' :"'--7, , :::,-,' : ft r -fts,,..--,40 ,..ritolit -,,..,,, -,... -. ,"4, :y ;�£ d 3t# � fir*./ � t/ � f�� ` �� ��d.v _. sesF a .. - r ') i s ash, 4 ' '' t F._ere i?/ -` Y, -L a ''� ¢' �... 41 33 • __ r � P' �YJC ;Z 1'4,C. ii>.l ti..2 Martha White Agenda Item 8 Page 8 Site Photos • • d , $}yam •.Z s i �-v 4' 4 • * • s5. R � } ' ] 3 a: l a Martha White Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Martha H.White Does the applicant have a representative? ®Yes ❑NO • If yes,list the name of the representative. Harold C.Warren ill,Warren&Associates,PC Land Surveyors Is the applicant a corporation,partnership,firm,business,taut or an unincorporated business?❑Yes J No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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. 1l Martha White Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement \L. Planning Sr 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 Ili 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-collateralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ill 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 I No • If yes,identify the purchaser and purchaser's service providers. 2l Martha White Agenda Item 8 Page 11 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 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?I]Yes 0 No • If yes,identify the firm and Individual providing the service. Firm:Warren and Associate,PC- Harold C.Warren Ill 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 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. WiaRtirla _ 1 Applicant Signature Print Name and Title Martha H.White Date ,2-/i/c2.d a — — Is the applicant also the owner of the subject property? it Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/At.is losures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Pie rhansa..•r Dm 4/29/2021 si°'etuire hint"ama I archelle L.Coleman 3I Martha White Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement 1/13 Planning&Community Development Owner Disclosure Owner Name Steven K. Finger,et al Applicant Name Martha White Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes I No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. !I 09.2020 5 I Martha White Agenda Item 8 Page 13 Disclosure Statement Disclosure Statement \113 C,!v„nV�nta Bari: 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 providing the service. 2. Does the Owner have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes E No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 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 MI No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?® Yes ❑ No • If yes,identify the firm and individual providing the service. Firm-Warren&Associates,PC-Harold C.Warren,Ill Revised 11.09.2020 6 I Martha White Agenda Item 8 Page 14 Disclosure Statement Disclosure Statement Q}y of LSrciria Bar, -.._;. ��m,, 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?Q Yes Q No • If yes,identify the firm and individual providing legal the service 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 /11L;R7hA hf14IsTf 4GI 1.t)�t�� ___ _ Rdmi mi.5?Ht?oY Print Name and Title — Date 7 1 Martha White Agenda Item 8 Page 15 Disclosure Statement Disclosure Statement Its . GSty of &ufi 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 Q No • If yes,identify the firm and individual providing legal the service. 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. Owwner Signature : .—/—T /4 S f kO N <%Lt//t L l� Print Na a and Title Date Revised 11.09.2020 7 I P a g e Martha White Agenda Item 8 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Martha White Agenda Item 8 Page 17 Item 8 Martha H. White [Applicant] Steven K. Finger et al. [Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations 6332 Pocahontas Club Road April 14, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Thank you. Thank you very much. We're going to go to Item Number 8. Madam Clerk: Agenda Item Number 8. Martha H. White is an application for a Subdivision Variance of Section 4.4(b)of the Subdivision Regulations on property located at 6332 Pocahontas Club Road in the Princess Anne District.Will the applicant or the applicants' representative please step to the podium? Mr. Weiner: Welcome sir. Please state your name for the record? Mr. Warren: My name is Harold Warren. I'm with the land surveying company of Warren and Associates and we are here to support Ms. White, who's here. Basically, we're tidying up the estate. One of Mrs. White's sister, Betty Styron, she's willing to settle her part of the estate by letting her daughter continue to live in this home. We've agreed with Marchelle that a little change in the note would be perfect on the subdivision plat, and I don't think we have anybody who has a problem with the plan. Are there any questions on it? Mr. Weiner: Mr. Horsley? Mr. Horsley: Harold, what is the change you want to put into in there? Mr. Warren: It's just a simple change to that if we were to put the property back in its original configuration, we could actually tear down the existing house there and move it over to a part of the property that's out of the flood zone. Mr. Horsley: In other words, what you're saying is if the two pieces of property ended up in one ownership, and they wanted to remove their home that's there and build one more, build another home on the spot that that meets the ordinance, elevation and whatever. Mr. Warren: Yeah, to get the property out of the flood zone. I mean, it's muddy and why they put this home over there, I'm not quite sure. But we've agreed that if we were allowed to do the 4 and a half acre tract of land, we'll never put anything another residential unit on the other parcel. But, I wanted to put a note in there that if somebody was able to come buy the land and possibly remove the line, the new subdivision line between the properties,that we could actually put a new house on that 25-acre tract. 1 Mr. Horsley: Can I ask Mr.Tajan a question? Mr. Weiner: Go ahead; I think that's the same one. Mr. Horsley: If that would have happened, if in the future somebody went there, or if the lady that owns a four and a half acre piece that she would be getting, the daughter, if she ended up with the whole property, just for example, and they wanted to remove that house they would have to remove the lot line, they still have to go to Council or come to Planning and have a lot line removed, and they could petition to build a home on another location as long as it met the elevation and whatever. Mr. Warren: Not sure if I understand your question correctly, but— Mr. Horsley: No, I'm asking Mr. Tajan. Mr. Tajan: So, the Subdivision Variance right now would be to create the two substandard lots based on the amount of wetlands that are located on the property, and they don't meet the criteria. If they were to put the properties back together, and I'm trying to look at it now. The existing property itself now does not meet the minimum standard, minimum acreage of property over outside of the water marsh wetlands or the floodplains with special restrictions. So, I understand their point that they want to be able to maintain the ability to build one residence on the lot if they ever put it all back together. There is one residence on the lot now. Staff doesn't disagree with that approach. We believe we can come up with a revised condition. But again, the key is that on this parcel, this whole parcel, though regardless of what it is, it's going to only be allowed to have one residence. Mr. Horsley: Yeah, I think that's understood it can only be one residence. But I think what most Mr. Harold wanted to do is if somebody ended up with the whole parcel, could they move, build, or do away with that house and build it on another location? Mr. Tajan: Currently, the way it's worded now, they could not. Mr. Horsley: Could not. Mr. Tajan: Yes, that's correct. Mr. Horsley: Can that wording be changed to satisfy that? Mr. Tajan: I believe we can. Our concern, of course is that we're creating the larger lot which does not meet the requirements. So, we don't want to in the future, let's say it never comes back together, that no residence is built on that lot, I'm having trouble knowing how to say both right, because we need on the plat when we created that that one lot is not buildable. We do have something written up and I just need to make sure I run it by the City Attorney to see if we're on 2 the same page, and that we can do both. It may be that we add a third condition to the proposal that could cover the ability if they put it back together if that makes sense. Mr. Weiner: Can I say something really quick? So, no matter what if this house gets torn down and they go to build a new house, no matter what, it still has to come back to Planning. Mr. Tajan: I think the applicant is requesting that it doesn't have to come back as far as the Subdivision Variance. Mr. Weiner: Is that what you're saying? Mr. Warren: Yeah, you know, this is kind of expensive, and the whole parcel will only ever have one residential unit just like it is now. If we were to vacate the lot line we create, we're just asking that we can only have one house there and put it in a different spot on the lot that's more favorable flood zone wise, and soils. Mr. Weiner: Mr. Horsley, how do you feel about that? Mr. Horsley: I mean, I see what he's saying.The likelihood of that happening is kind of farfetched, but I guess it could happen, and I just think Harold's thinking that if he puts an opportunity there, it would make the property maybe a little bit more valuable as I see. I'm not sure. Mr. Tajan: It does not preclude them to come back to amend the Subdivision Variance, as well. If they put the property back together, and they come back to the process, of course, Staff would be supportive of putting it back the way it was. But the hard part for us is we want to make sure we hold firm on the ability that we're not creating a lot. Yeah, right now we're creating a lot that doesn't meet the minimum criteria in either direction, right. So, we just want to make sure that we're capturing that and I'm sorry, now I'll stop with my comments. Mr. Weiner: Yes sir, Mr. Inman? Mr. Inman: Couldn't the subdivision plat simply have a provision on it that says that there'll be only one house on it. I mean, so many words, pick your lot but it's only one house and there can only be one house on the two lots. No, that's not what I'm trying to say. Yeah. I know there's a way to say it. But the idea being that on the total property, there can only be one house, it can be on either lot but not at the same time. There's a way to say that, if on a plat if you had it. If you could wouldn't that solve the problem? Mr. Horsley: I think best thing to do is go with it like it is and if that situation happens,that applicant would come back and request Planning to do away with the lot line and they build. There would be only one dwelling on the 30 acres to start with, and then that that would have to come back through here. It would be a cleaner way to do it, I think if we did that, and then they could have that lot line dissolved and then they could build the house on another side. Is that the cleaner way to do it most of time? 3 Mr. Tajan: Yeah, it is Mr. Horsley. That is the cleaner way. Mr. Horsley: I'd think so. Harold, I think that's really the cleaner way. It's going to probably cost somebody a little bit of money and 15 and 20 years but you and I won't be here to bother that. But, I think the goal now is to get it so the people, the family can get the estate settled and I think this what we've got here does that, and I don't think we'll create any confusion but by leaving it like that. I think it's the best way. Mr. Wall: I'm just curious. How long has the property been in the family's ownership? Mr. Warren: Had it since the 60s, early 60s. Mr. Weiner: The Halstead family. Mr. Warren: 1949. Mr. Weiner: Alright, any other questions? Mr. Horsley: Yeah, that's kind of been a difficult one. We've talked to Harold about it several times, I have talked to Ms. White about it several times, I've even talked to Bobby about it. Ms. Henley, she's been scratching her head what to do. She just said Don, take care of it. So, we've come up with this and I think this is the cleanest, clearest way to handle it and let the family go ahead and get their estate settled, and then if that situation comes about again, I think... Mr. Warren: I'll put the line back. Mr. Horsley: Yeah. Mr. Weiner: Thank you, sir. Appreciate it. Alright, thank you. Mr. Horsley? Mr. Horsley: I'll make a motion that we approve the application as stated. Mr. Weiner: Second? Ms. Oliver: Second. Mr. Weiner: Motion by Mr. Horsley and seconded by Mrs. Oliver, ready to vote. Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? 4 Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By a recorded vote of nine in favor,zero against,Agenda Item Number 8 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT 5 Wall AYE Weiner AYE CONDITIONS: 1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 2. There shall be no future residential development or further subdividing of the 25.6 acre residual parcel. A plat note stating that"There shall be no future residential development or further subdividing of the 25.6 acre residual parcel" shall be added to the Subdivision plat and recorded with the City of Virginia Beach Circuit Court Clerk's Office. 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. 6 Paige T. McGraw From: Paige T. McGraw Sent: Monday, May 10, 2021 11:56 AM To: Paige T. McGraw Subject: FW: 5/18/21 City Council Meeting, Applicant Martha H White Subdivision Variance 6332 Pocahontas Club Road From:Carol Halstead<chalstead381@gmail.com> Date: May 10, 2021 at 9:07:54 AM EDT To:citycouncil@vbgov.com Subject: 5/18/21 City Council Meeting,Applicant Martha H White Subdivision Variance 6332 Pocahontas Club Road The above application approved by the planning department is set to be heard in front of city council May 18 at 6pm. We are unable to attend the meeting date and time. My husband and I own and are residents of 6296 Pocahontas Club Road and our parcel is in the middle of and was part of the original Halstead estate. Our property was subdivided from the adjoining family estate land on both sides of us by my husbands father,Travis Halstead, in 1967 I believe. We are the 3rd generation on our property. It has been our understanding that the land on either side of us which includes the applicants 30.1 acres at 6332 Pocahontas Club Road as well as an additional 6 acres on the other side could not be further subdivided. It is also our understanding that the 30.1 acre parcel (6332) and the 6 acres on the other side of our property are one deed, but 2 parcels, both parcels of which are still part of the Halstead estate. Although we do not stand against the 4 acre subdivide from the current right parcel for a family member with the condition that no other home is built on the 30.1 acre property as proposed by the planning commission, our concern is the deeded right of way that exists on the current estate deed for the entire surrounding property to include the 30.1 acres at 6332 Pocahontas as well as the other 6 acres included on the other side of us The deeded right of way for both adjoining properties still in the estate grants access to the canal through our property, our back yard. With the new subdivision of the 4 acre parcel creates another unknown with a potential future sale of that lot,the remaining unbuildable parcel and the additional 6 acre parcel on the other side. This further expands access to our property unless the new deed for the 4 acre parcel and the current estate deeds/parcels to the remaining property on both sides are amended during this process to withdraw that right of way. We seek to protect our privacy and usage of our land by any unknown future parties to the estate as well as the unknown parties by way of future sale of any of any of the remaining adjoining estate land. We ask that the council protect our right to privacy and right to restrict our property access to future parties by removing the right of way access for this amendment as well as for any future sale of the remaining adjoining estate properties. Thank you, Kathleen Halstead. 757-620-8688 1 �po-� ,zw— , %s_ \:, \ ,, �� R5S OR �.;� Is R`5S1 kik OR 1 t .�� or J _r_`A18 T *a -Str OR- .••� RT3 gt� .• \ %\‘ A1 ' — 1 1. , - \ • Ry5s,; � ,, A18, 10► ,,RSS -a o„ r-‘,S.treet ��,,,�' � , Oi\ ' '---- R5S- \ (.1,Y,R _ gth ...- \ R5S ;_-,,A�36 , - OR - , ‘c‘ir, �e \ - 'A ---"A1,8- \ °\- \ 4, -1/;0 \St , \ f,\, 1,' OR 111* \ jCORø\1 , , -'1 OA a.- , , 1, ihi\--- Ail i —• , 4,,,,11 0 Q / - IIlt R \ i , i \\ dk , A _ _ _ 5 >> \ . •I __, Ao, , ____ I li ...��. a ,��3 R5S OR V R , 6 9___, A, ,.. \\.z- • 1 %' R sioo!!.iH\ 9,--\-- , mot 0;Ibtositso\ \ " . \ �_. ,. R5S �0, OR 4 I�n�, 5s OR • N %/. Site Festival, LLC w Property_Polygons 712 Atlantic Avenue s QZoning Building Feet 1 Parking Lot Drive Aisle 0 50100 200 300 400 500 600 [ ..r wife? S ".tifi' ,. 4_ tsj '`4 :Vv+r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FESTIVAL, LLC [Applicant & Property Owner] Special Exception for Alternative Compliance (Request for outdoor dining and entertainment, outdoor recreation, commercial parking lot, open-air market, and recurring special events on site with various outbuildings, structures and signs that do not meet the requirements of the Oceanfront Resort District Form-Based Code) for the property located at 712 Atlantic Avenue (GPIN 24272359400000). COUNCIL DISTRICT — BEACH MEETING DATE: May 18, 2021 • Background: The subject property is home to "The Shack," a primarily outdoor resort establishment that has grown and modified over the years to host a variety of unique, temporary but often recurring events and venues, including open-air markets (food trucks), outdoor entertainment, festivals, and fundraisers. Most activity takes place on the eastern side of the property in the 11,000 square foot improved outdoor area where various outbuildings, pergolas, decks, patios, and fencing have been added over time. The western portion of the site contains a surface parking lot that encroaches into the required parking setback along Pacific Avenue. Vehicles access this area only from Atlantic Avenue via the former 8th Street right-of-way, which also contains parking spaces that are periodically rented out to the public. This is considered a commercial parking lot and is included as part of the Alternative Compliance request. Lastly, the site contains a number of nonconforming permanent and temporary signs placed periodically along both Atlantic and Pacific Avenues to advertise special events. The applicant is seeking Alternative Compliance for the various uses listed above as they have expanded in size and frequency beyond what can be considered accessory. The surface parking lot fronting Pacific Avenue requires Alternative Compliance as it does not meet the build-to and parking setback requirements. Finally, Alternative Compliance approval is sought to allow the existing signs to remain and to allow temporary signs to be displayed as needed for the various events that will take place throughout the year. Festival, LLC Page 2 of 4 • Considerations: The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030) but do not follow the "prescribed form" as written. Section 7.3.3 of the ORDFBC provides the `Review Standards' for these applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies these standards. Staff has determined, and the Planning Commission concurred, that the unique activities, events, and environment at "The Shack" have established its reputation as a memorable and successful place, even during the off-season, supporting the RASAP 2030's goal to be a year-round destination. Appropriately, the front of the establishment is oriented towards Atlantic Avenue, a Shopping frontage type, which is the Oceanfront Resort District's most pedestrian-friendly streetscape. To the west is Pacific Avenue, a Gateway frontage type, which is intended to carry the heaviest volumes of vehicular traffic through the district. Accordingly, this is where the parking lot is located. Although the Pacific Avenue frontage currently reads more like a back-of-house environment, the conditions recommended below include reasonable streetscape improvements to provide better screening and improve pedestrian infrastructure. Additional conditions are recommended, as noted below, to mitigate potential adverse impacts resulting from the proposed deviations to the Oceanfront Form-Based Code. There is no known opposition to this request. • Recommendation: On April 14, 2021, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8 to 0, with 1 abstention, to recommend approval of this request. 1. Within 60 days of City Council approval of this application for Alternative Compliance, the applicant shall submit a site plan showing all existing and any anticipated new structures and surfaces for the existing "Shack" development, including stormwater calculations for the depicted structures and surfaces, and all other required information to the Development Services Center. The applicant shall diligently pursue, and the City shall timely review and provide comments on the site plan, which the applicant will obtain approval of within one year of site plan submittal. If the applicant fails to meet either deadline, all existing temporary structures shall be retrofitted to meet building code and site requirements for permanent structures or shall be removed within 90 days of the applicable deadline. No proposals for new, temporary structures shall be considered until the site is brought into full compliance with building code and site plan development requirements. Festival, LLC Page 3of4 2. Within two years of City Council approval of this application for Alternative Compliance, the wire barriers between the bollards shall be removed and the bollards themselves shall either be removed or maintained and painted in a manner agreed upon by the Planning Director and Department of Public Works. The grass verge in the streetscape on the southern portion of Pacific Avenue shall be replaced with pavers matching those in the northern section, adjacent to the former 8th Street right-of-way and 9th Street Municipal Parking Garage. Existing plantings along the entire Pacific Avenue street frontage shall be supplemented or replaced with canopy trees, evergreen shrubs, and flowering perennials and grasses in a tiered format to provide shade, screening and buffering for the surface parking lot and enhance the pedestrian environment. Wheel stops shall be installed in the parking lot to protect plantings. The specifics of this design shall be determined during the detailed site plan review process. 3. The parking attendant stand shall be removed, refurbished or replaced. If a new or refurbished structure is proposed, the design and placement shall be subject to approval by the Planning Director. 4. All new, permanent structures shall either comply with the prescribed or optional forms of development in the Oceanfront Resort District Form-Based Code or shall substantially conform to the renderings depicted in "The Shack Addition, Virginia Beach, Virginia," dated November 19, 2018 by Hanbury, which has been exhibited to the City Council and is shown on pages 7 through 11 of this staff report. While the general configuration of the proposed site layout shall conform to the renderings, the exact location of the building footprint shall be determined during detailed site plan review. 5. When the proposed addition or other primary permanent structure is constructed, transformers, mechanical structures, and other minor structures accessory to utility facilities greater than four feet tall shall be placed where not visible from the public right-of-way. Such structures that are already in place and cannot be relocated shall be screened in accordance with Sec. 3.2.4 of the Oceanfront Form-Based Code. 6. Bicycle racks designed in conformance with the City's bicycle parking design guidelines to accommodate at least 35 bicycles shall be provided in a designated location to be determined during detailed site plan review. Additional bicycle parking shall be added on the property as needed during peak season or other special events. 7. Any changes to existing, legally nonconforming signs on the property shall be subject to approval by the Planning Director. Temporary signs advertising special events shall be permitted but limited to a set location, size, and material subject to approval by the Planning Director. Such signs shall be exempt from the standard limits on duration and frequency of posting throughout the year. Festival, LLC Page 4 of 4 8. No outdoor amplified music is permitted between 11:00 p.m. and 10:00 a.m. 9. No merchandise, produce, or food shall be displayed or sold along either the Atlantic or Pacific Avenue street frontages. 10. Outdoor storage is not permitted on the site, even if enclosed by a fence or wall. All merchandise, stalls, equipment and materials shall be stored inside of a building while the business is closed. 11. The operation of the commercial parking lot shall comply with the requirements of Section 23-58 of the City Code. 12. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department' / City Manager: f;?1.' Applicant & Property Owner Festival, LLC Agenda Item Public Hearing April 14, 2021 / 18 City Council Election District Beach City of Virginia Beach Request Alternative Compliance (Request for outdoor dining and entertainment,outdoor recreation, commercial parking lot,open air market, and s eet � t t6„, ,oth5.. t�',sue. recurring special events on site with various outbuildings and structures that does not meet 'S`"°fee' t auto . 1 % ‘....\ the build-to or parking setback requirements.) e t s Staff Recommendation "*onYe Approval 3 cloak Menu Meet Staff Planner 90h5 p e"ae e Ashby Moss narYlo C w"a e euue L 6thstraCt v ti,, AvMLLe 9 p11eY t �r°1,"a QO nt 14•4 ' S Sth street Location 9 W9(erYacepvN°e ye"ue 61hst,eet 712AtlanticAvenue ��"st°"s'4emp GPINs as* 24272359400000 ' - -- / Site Size +/- 1.5 acres AICUZ 65-70 dB DNL;Sub-Area 1 Watershedt. Atlantic Ocean pve�, p� Existing Land Use and Zoning District 1 _ ,_ _ Vacant land/OR Oceanfront Resort ...I.-- . rf ~ Surrounding Land Uses and Zoning Districts �a North 9th Street Municipal Garage South 7-1/2 Street Alley,Off-Site Parking v '; �,,sc . ` Structure East Atlantic Avenue, Hotel t West Pacific Avenue, Lake Holly All zoned OR Oceanfront Resort - ` ,., Festival, LLC Agenda Item 18 Page 1 Background & Summary of Proposal The subject property is home to"The Shack,"a primarily outdoor resort establishment with dining,entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. Uses The establishment has grown and adapted over the years to host a variety of unique,temporary but often recurring events and venues, including food trucks,open air markets, outdoor entertainment,festivals,and fundraisers.Although these uses were initially considered accessory to the primary indoor eating and drinking establishment,they have expanded in size and frequency beyond what can be considered accessory.This Alternative Compliance application addresses the uses listed above, many of which are considered conditional uses that would ordinarily require a Conditional Use Permit. Due to the number,variety and unique nature of these uses,the Planning Director has determined a single application for Alternative Compliance application is sufficient to address both uses and form requirements. Structures and Site Layout The existing, primary structure consists of a one-story, 9,300 square foot masonry building on the south side of the site, fronting Atlantic Avenue.A smaller,two-story masonry building, is immediately adjacent to the west.The 11,000 square foot improved outdoor area contains various semi-enclosed outbuildings, pergolas,decks, patios, and fencing that have been added as the business has evolved.A dumpster enclosure is located on the southwest corner of the site, adjacent to the alley. The proposed new structure is an L-shaped,two-story quasi-open air building placed north of the existing building in a configuration that frames the open air customer area as oriented towards Atlantic Avenue.The exact placement of the new structure is dependent on relocation or abandonment of existing infrastructure in the former 8'Street right-of- way,which will be determined during detailed site plan review. Parking Although there is no parking requirement for the proposed uses due to the site's location between Atlantic and Pacific Avenues,the western part of the site that fronts Pacific Avenue has been paved and striped for parking. Vehicles access this area only from Atlantic Avenue via the former 8th Street right-of-way,which was conveyed to the previous owner in the late 1990's to accommodate construction of the City's 9"Street Parking Garage.After the street was closed in 1997, the former property owner placed bollards within the public right-of-way at the western end of 8th Street and along the remainder of the property's frontage on Pacific Avenue.The former 8'Street right-of-way also contains parking spaces, which the applicant periodically rents for use by the public.A self-serve kiosk similar to those used by the City of Virginia Beach for on-street metered parking has been installed near the entrance on Atlantic Avenue on the applicant's property. Signage There is an existing, nonconforming freestanding sign that exceeds the eight foot maximum height currently permitted in the OR District.The area of the sign appears to be in compliance with the 64 square foot maximum for property with more than 200 feet of street frontage.The code currently limits the portion of the sign used for changeable copy to 30% of the sign area. Additional temporary signs have been placed periodically along both Atlantic and Pacific Avenues. While temporary signs are permitted,the zoning code limits their display to a maximum of seven days,three times per year. Festival, LLC Agenda Item 18 Page 2 N ` St °'�oiir.°ye tE ;H1 �w r Zoning History # Request \\\\' �'� 1 CUP(Open Air Market&Outdoor Recreation one year) r, Approved 04/21/2015 .�� �`�/, 2 STC(8`h Street)Approved 05/12/1998 f, 341 NON(Restaurant in Hotel)Approved 06/08/2004 4 STC(6-1/2 Street Alley)Approved 01/14/1997 fi } 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 The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030) but do not follow the "prescribed form" as written. Section 7.3.3 of the FBC provides the'Review Standards'for these applications, noting that the City Council "shall consider the extent to which the proposed development,taken as a whole,"satisfies these standards. Each of those standards is listed below,with a Staff comment pertaining to the degree to which the proposal meets each. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code,and specifically,the extent to which the proposed development: • Promotes modes of transportation other than the automobile,including walking and transit.Staff Comments: The site's location on Atlantic Avenue is a prime,pedestrian-oriented environment. In addition, the outdoor activities on this site promote the use of open-air forms of transportation like walking, biking, or use of other micromobility devices. The conditions recommended below include the addition of a designated location to safely park and secure bicycles without obstructing the sidewalk. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians.Staff Comments: The Atlantic Avenue street frontage is particularly engaging to passers by, with island-themed decor, lush plantings, and enough visibility to the many activities on the site to add interest without overwhelming the public realm.Although the Pacific Avenue frontage currently reads more like a back-of-house environment, the conditions recommended below include reasonable streetscape improvements from the back of sidewalk to the edge of the parking lot. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place.Staff Comments:The unique activities,events, and environment at The Shack have established its reputation as a memorable and successful place, even during the off-season,supporting the goal to be a year-round destination. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Sec.2.1 of this code.Staff Comments:Appropriately, the front of the establishment is oriented towards Atlantic Avenue, a Shopping frontage type, which is the Oceanfront Resort District's most pedestrian friendly streetscape. To Festival, LLC Agenda Item 18 Page 3 the west is Pacific Avenue, a Gateway frontage type, which is intended to carry the heaviest volumes of vehicular traffic through the district.Accordingly, this is where the parking lot is located. • Is physically and functionally integrated with the built environment in which it is located.Staff Comments:The uses and structures on the majority of the site are well-suited in the Resort District.Streetscape improvements to the Pacific Avenue frontage as described in the recommended conditions will address deficiencies on this side of the property. • Advances the goals and objectives of the parking strategy for the District.Staff Comments:As stated above, the outdoor nature of the activities at The Shack promote walking and biking, alleviating some of the demand for parking. For those arriving by car,parking is available on site as well as next door in the 9th Street Municipal Parking Garage. Parking in the former 8th Street right-of-way functions much like it would if it were still publicly owned, mitigating confusion for the public. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated.Staff Comments:The noise and activity generated at the Shack is appropriate for its location on the Oceanfront Corridor. However,due to the presence of hotels in the vicinity and residences across Lake Holly to the west, amplified music is prohibited after 11 p.m. The recommended conditions also require streetscape improvements along Pacific Avenue to provide better screening for the parking lot and enhance the sidewalk. Based on the conclusion that the proposed uses and associated structures satisfy the standards above to the greatest extent possible,Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code. Recommended Conditions 1. Within six months of City Council approval of this application for Alternative Compliance,all existing temporary structures shall be retrofitted to meet building code and site requirements for permanent structures or shall be removed. No proposals for new,temporary structures shall be considered until the site is brought into full conformance with building code and site requirements. 2. All new, permanent structures shall substantially conform to the renderings depicted in"The Shack Addition, Virginia Beach,Virginia,"dated November 19, 2018 by Hanbury,which has been exhibited to the City Council and is shown on pages 7 through 11 of this staff report. While the general configuration of the proposed site layout shall conform to the renderings,the exact location of the building footprint shall be determined during detailed site plan review. 3. Bicycle racks designed in conformance with the City's bicycle parking design guidelines to accommodate at least 25% of the establishment's permitted occupancy load shall be provided in a designated location to be determined during detailed site plan review. 4. The bollards within the public right-of-way on Pacific Avenue shall be removed in a manner agreed upon by the Planning Director and Department of Public Works. 5. The grass verge in the streetscape on the southern portion of Pacific Avenue shall be replaced with pavers matching those in the northern section,adjacent to the former 8th Street right-of-way and 9th Street Municipal Parking Garage. Existing plantings along the entire Pacific Avenue street frontage shall be supplemented or replaced with canopy trees,evergreen shrubs, and flowering perennials and grasses in a tiered format to provide shade,screening and buffering for the surface parking lot and enhance the pedestrian environment. Wheel stops shall be installed in the parking lot to protect plantings. The specifics of this design shall be determined during the detailed site plan review process. Festival, LLC Agenda Item 18 Page 4 6. The dumpster enclosure and storage shed shall be set back at least five feet from the western property line.The design, materials and colors of these structures shall be subject to approval by the Planning Director. 7. The parking attendant stand shall be removed. If a new structure is proposed,the design and placement shall be subject to approval by the Planning Director. 8. Where feasible,transformers, mechanical structures,and other minor structures accessory to utility facilities shall be placed where not visible from the public right-of-way.Such structures that are already in place and cannot be relocated shall be screened in accordance with Sec. 3.2.4 of the Oceanfront Form-Based Code. 9. The nonconforming freestanding sign shall be replaced or retrofitted to meet the current regulations for freestanding signs in the OR Oceanfront Resort District. 10. In addition to permanent signage permitted by the Oceanfront Form-Based Code,temporary signs advertising special events shall be limited to a set location,size, and material subject to approval by the Planning Director. Such signs shall be exempt from the standard limits on duration and frequency of posting throughout the year. 11. No amplified music is permitted between 11:00 p.m. and 10:00 a.m. 12. No merchandise, produce,or food shall be displayed or sold along either the Atlantic or Pacific Avenue street frontages. 13. Outdoor storage is not permitted on the site, even if enclosed by a fence or wall. All merchandise, stalls,equipment and materials shall be stored inside of a building while the business is closed. 14. The operation of the commercial parking lot shall comply with the requirements of Section 23-58 of the City Code. 15. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, lighting,or overflow parking. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is within the Resort Strategic Growth Area (SGA),one of eight SGAs designated by the Comprehensive Plan.The original Resort Area Strategic Action Plan (RASAP), adopted in 2008, identified eight top priorities, most of which have been completed. One of the outstanding items, "Develop Dome Site as major entertainment venue," has continued support in the recently updated plan,RASAP 2030.Adopted by City Council on Festival, LLC Agenda Item 18 Page 5 June 2, 2020,RASAP 2030 establishes new goals for the Resort SGA in the next decade while continuing support for the outstanding priorities. The restated vision established in RASAP 2030 is to"identify and implement public amenities and infrastructure improvements and update codes,guidelines,and city review processes to encourage private development,enabling the Virginia Beach Resort Area to become a diverse,world-class,year-round coastal community for residents and visitors" (p. 10). Continuing the theme from the previous plan,further distinguishing multiple sub-districts with their own unique character will be key to creating a diverse resort area with something for everyone to enjoy year round. The subject site is in the Oceanfront Corridor,the main north-south connector and the area where the majority of visitors stay and gather.This must be a beautiful and inviting place for pedestrians to shop and dine as well as carry a significant amount of traffic.The plan suggests a mobility plan and streetscape improvements are needed to accomplish these goals.This site has frontage on two primary streets:Atlantic Avenue and Pacific Avenue. Both streets in this vicinity have been identified as second priority for streetscape improvements,with first priority assigned to 17th Street (west of Cypress Avenue)and Atlantic Avenue (15th—25th Streets). Stormwater Impacts There is a 30-inch stormwater main in the former 8th Street right-of-way. Although temporary structures have been approved over this pipe, any permanent structures must be offset by at least ten feet in order to prevent damage and allow for maintenance.As an alternative,the pipe can be abandoned or relocated if the system can be redesigned to fulfill this function by another means. Public Utility Impacts Water There is an existing 16-inch city water transmission main along Atlantic Avenue. There is an existing 8-inch city water main along 8th Street. There is an existing 12-inch city water main along Pacific Avenue. There is an existing 10-inch city water main along Pacific Avenue. This site currently connects to city water.The existing 2" domestic meter(City ID#95087437) can be used or upgraded to accommodate the proposed use. Sewer There is an existing 18-inch city sanitary sewer gravity main along Atlantic Avenue. The site currently connects to city sanitary sewer. Public Outreach Information Resort Advisory Commission (RAC) • The applicant presented the proposed conceptual plans and renderings to the RAC Planning Design Review Committee on January 5,2021.The committee supports the proposal as presented. Planning Commission Festival, LLC Agenda Item 18 Page 6 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on or before March 16, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14, 2021. Festival, LLC Agenda Item 18 Page 7 Proposed Site Layout a a I ' I ... • . 1 %frail i .9 --- _ Potl ..7-..._ . ---40: r-. : :1;;P:. ----:- ...1140.. i''1 1,' , ., • --`., 11,,L:-:" -- I 4,- rr.-- -- f • -..:1 I . 11 b it -71111/1.' .• ‘e ' :... , --' '..; " al' /MS. ',,, _....' l IP% ..,. , ' 2 t . illi ....... - a .... •••••:-‘r/' I • er-_ • , .-- ..a f __I 4 44 k. , •, C-OT I i tx • 1 . . 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Festival, LLC Agenda Item 18 Page 11 Proposed Floor Plan Ground Floor Plan—3,180 sqft 128' • • 30' • _ 1 Dining Open storage K tchen • portal 1 N Bar . v 1 Dnnp 1 C Existing • 1 Outdoor Bar 1 1 1 Open 1 rsi 1 porta 1 • ry Restroems Ex-sting Restaurant • • 26' (12) —` i Fr � Second Floor Plan—5,980 sqft(9,160 sqft Total) 134' • • • Dining Outdoor Dining '4 Bar D 'IF Ex sting Outdoor Bar Cutrtco' D r w RE;t•ocn� Existing Restaurant • CI) 7� HANBURY %• 26 • Festival, LLC Agenda Item 18 Page 12 Site Photos /, ' hC�ryflE�F1 r ,f.f 1 , , 44' t iiiiimillimo i • , , .. . ) , ..,-; '''''"4......... Anigi A it" •''''' t..44 li Li rip F_ 1 Kg A i P6 *, e may p`' .' T � v Festival, LLC Agenda Item 18 Page 13 Site Photos ,, . . ., .• • . 4,,,.,.!,:, -.,..0,.. -•-• ..,,,,6,1,.-.;,, • ,., •. •• , ,ry , 4..•Al , ., `ftit ;•44%. Y1/4 1 ."41-P4 1 :/..,...•vr: N., • . 0„ , •...,,, •„•,-.. ,,,. ,imer ..„.„.. • ,.....„;,.„-.-,-,,,,.. :••... , - .1,..;,....: -f- i‘1%,,,eArir.,0-. '-,,0.-. 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Teesh Car/and&acalfa ARRIVING NOV 23 MN,. ,41 • Get YOUr Treelat The Shack _‘.Wilt.::;•„-,-.4- -.-;,-, 4,r w---- '' i I' f. .. :101 TAi . i"-•-•:•;:-.. ito,„4400.. . „. .. _ Festival, LLC Agenda Item 18 Page 14 Site Photos ir o ; yer sa i.'3 wt"�— F ., `- i , - --- :-.,,.._ • . ''.' Festival, LLC Agenda Item 18 Page 15 Disclosure Statement Disclosure Statement N/13 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 Festival,LLC,a Virginia limited liability company Does the applicant have a representative? al Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? a Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael 1.Standing,Jr.,Member;Mariah Standing,Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Chix Sea Grille,LLC Shack '"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 Festival, LLC Agenda Item 18 Page 16 Disclosure Statement Disclosure Statement City of Vryirtia deiNA 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 proposer]development contingent on the subject public action?D 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? II Yes ❑ No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and Individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?Ili Yes ❑No • If yes,identify the firm and individual providing the service. DHG 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 and individual providing the service. David Kieth/Hanbury 5. Is there any other pending or proposed purchaser of the s..biect property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. 21 Festival, LLC Agenda Item 18 Page 17 Disclosure Statement Disclosure Statement \43 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 E No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?in Yes 0 No • If yes,identify the firm and individual providing the service. Stephen I.Boone&Associates 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 firm and individual providing the service. R.Edward Bourdon,Jr,Esq.,Sykes,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 understa-id 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. — r /11 i•r L t Applicant Signature Michael J.Standing,Jr.,Member Print Name and Title December 7,2020 Date Is the applicant also the owner of the subject property? Q 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 Mama n of Date Secure . _ Print Name 31 Festival, LLC Agenda Item 18 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. Festival, LLC Agenda Item 18 Page 19 Disclosure Statement Cy of Vninki 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 Festival, LLC, a Virginia limited liability company Does the applicant have a representative? ',W Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&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) Michael J.Standing,Jr.,Member; Mariah Standing, Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Chix Sea Grille,LLC Shack __ -- ------ 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. 1I Disclosure Statement \33 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? P Yes ❑ No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor 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? l Yes ❑ No • If yes,identify the firm and individual providing the service. DHG 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? Lk Yes ❑ No • If yes,identify the firm and individual providing the service. David Kieth/Hanbury 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 7;;Planning&Cotnmi ntiY' , 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 iii 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 0 No • If yes,identify the firm and individual providing the service. Stephen I.Boone&Associates 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 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. 'l-?'—r Applicant Signature Michael J.Standing,Jr.,Member Print Name and Title December 7,2020 Date - - — - Is the applicant also the owner of the subject property? N.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 change as of l Date ` 4/28/2021 511IAatufeAeklei — -- i Print Nerve Ashby Moss 3 Item # 18 Festival, LLC [Applicant & Property Owner] Alternative Compliance 712 Atlantic Avenue April 14, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Thank you. The next item on the on the Consent Agenda is Festival LLC for Alternative Compliance. Is there a representative for this item? Mr. Bourdon: Thank you Vice-Chair Wall, Chairman Weiner and members of the Commission. First of all, I appreciate y'all letting me take a couple of seconds of time to address one of the conditions as Ms. Moss indicated, but first I want to great express my great appreciation to Ms. Moss and to Planning Director Tajan who have put in a great deal of time and effort in helping and listening and working with my clients on this application. I also thank the RAC PDRC for their endorsement of this request as well. And with the caveat of the comments, I'm going to make on condition number two, the first two sentences of condition number two, the 12 conditions as revised, are acceptable to my clients. On condition number two, the first sentence concerning the wire connected bollards, which are located entirely within the Pacific Avenue public right of way; these bollards were present when my client purchased the property. This parking area on the Pacific Avenue side of the property was also present and in use when he purchased the property, and there was no landscaping whatsoever. And this parking area existed prior to our adoption of the Form Based Code as well. My client has done a significant amount of landscaping and within the next 10 days is going to be doing a tremendous amount of additional landscaping and hopefully, it will further obscure these bollards. My client was willing to paint them if it was possible, but they are so corroded and rusted and what have you, they're dangerous and you can't even get the wire out from between them. So, they're on City property, and he has concerns about undertaking to remove them and has been advised by separate counsel, that that's not something that he should engage in. I'm not asking you to change the condition but just want to put that on the record. The sidewalk widening or with pavers on the second sentence is something that he's willing to potentially undertake, but there are issues with having to treat storm water in public right of way on his site and taking away development potential on his site; that will have to be addressed as we move forward through the site plan process. And I appreciate you all placing this matter on the Consent Agenda. Mr.Wall: All right.Thank you. Thank you. Is there any opposition for this item to be on the Consent Agenda? Hearing none, we've asked Mr. Alcaraz to read this into the record. Mr. Alcaraz: Thank you, Mr. Wall. The subject property is home to The Shack; a primarily outdoor resort establishment with dining, entertainment, and outdoor recreational facilities that have 1 become popular with both visitors and residents. The establishment has grown and adapted over the years to host a variety of unique temporary but often reoccurring events venues including food trucks, open air markets, outdoor entertainment,festivals and fundraisers.The Oceanfront District -- excuse me, the Oceanfront Resort District Form Based Code provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambience of the --envisioned in the Resort Area Strategic Action Plan, RASAP 2030, but do not but do not follow the prescribed form as written in Section 7.33 of the Ordinance I just stated, provides the review standards for these applications, noting that the City Council shall consider the extent to which the proposed development taken as a whole satisfies these standards. Each of these standards is listed on the report. And having said that, based on the conclusion with the uses and associated structures that satisfy the standards above the greatest extent possible, staff recommends approval of the special exemption of the Alternative Compliance to the Form-Based Code. And I'm making sure I say this right, with the recommendations or revisions that Mr. Eddie Bourdon just stated, are on the agenda -- are put on the Consent Agenda for approval. Mr. Tajan: I believe that the applicant or Mr. Bourdon has represented that he's not requesting any change to the conditions that were provided to you in the supplement, which was provided to you last night that had revisions to conditions 1, 3, 5 and 6. Mr.Alcaraz: Pertaining to Mr. Bourdon. Are we good?Then I retract what I said and I recommend approval on the Consent Agenda as stated on the report. Thank you. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am 2 on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? 3 Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. 4 AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver ABSTAIN Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. Within 60 days of City Council approval of this application for Alternative Compliance, the applicant shall submit a site plan showing all existing and any anticipated new structures and surfaces for the existing "Shack" development, including stormwater calculations for the depicted structures and surfaces, and all other required information to the Development Services Center. The applicant shall diligently pursue, and the City shall timely review and provide comments on the site plan, which the applicant will obtain approval of within one year of site plan submittal. If the applicant fails to meet either deadline, all existing temporary structures shall be retrofitted to meet building code and site requirements for permanent structures or shall be removed within 90 days of the applicable deadline. No proposals for new, temporary structures shall be considered until the site is brought into full compliance with building code and site plan development requirements. 2. Within two years of City Council approval of this application for Alternative Compliance, the wire barriers between the bollards shall be removed and the bollards themselves shall either be removed or maintained and painted in a manner agreed upon by the Planning Director and Department of Public Works. The grass verge in the streetscape on the southem portion of Pacific Avenue shall be replaced with pavers matching those in the northern section, adjacent to the former 8th Street right-of-way and 9th Street Municipal Parking Garage. Existing plantings along the entire Pacific Avenue street frontage shall be supplemented or replaced with canopy trees, evergreen shrubs, and flowering perennials and grasses in a tiered format to provide shade, screening and buffering for the surface parking lot and enhance the pedestrian environment. Wheel stops shall be installed in the parking lot to protect plantings. The specifics of this design shall be determined during the detailed site plan review process. 3. The parking attendant stand shall be removed, refurbished or replaced. If a new or refurbished structure is proposed, the design and placement shall be subject to approval by the Planning Director. 4. All new, permanent structures shall either comply with the prescribed or optional forms of development in the Oceanfront Resort District Form-Based Code or shall substantially conform to the renderings depicted in "The Shack Addition, Virginia Beach, Virginia," dated November 19, 2018 by Hanbury, which has been exhibited to the City Council and is shown on pages 7 through 11 of this staff report. While the general configuration of the proposed 5 site layout shall conform to the renderings, the exact location of the building footprint shall be determined during detailed site plan review. 5. When the proposed addition or other primary permanent structure is constructed, transformers, mechanical structures, and other minor structures accessory to utility facilities greater than four feet tall shall be placed where not visible from the public right-of-way. Such structures that are already in place and cannot be relocated shall be screened in accordance with Sec. 3.2.4 of the Oceanfront Form-Based Code. 6. Bicycle racks designed in conformance with the City's bicycle parking design guidelines to accommodate at least 35 bicycles shall be provided in a designated location to be determined during detailed site plan review. Additional bicycle parking shall be added on the property as needed during peak season or other special events. 7. Any changes to existing, legally nonconforming signs on the property shall be subject to approval by the Planning Director. Temporary signs advertising special events shall be permitted but limited to a set location, size, and material subject to approval by the Planning Director. Such signs shall be exempt from the standard limits on duration and frequency of posting throughout the year. 8. No outdoor amplified music is permitted between 11:00 p.m. and 10:00 a.m. 9. No merchandise, produce, or food shall be displayed or sold along either the Atlantic or Pacific Avenue street frontages. 10. Outdoor storage is not permitted on the site, even if enclosed by a fence or wall. All merchandise, stalls, equipment and materials shall be stored inside of a building while the business is closed. 11. The operation of the commercial parking lot shall comply with the requirements of Section 23-58 of the City Code. 12. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. Further conditions maybe 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. 6 y",4,,:,107 / fr aOin:l:/3-' AG2 -7u r\l 12� f L—ond 1 Ii f/'-'( _1----1----,-1'/, I/I n - dge_R Oa 12 t \,... , --/ , D ___,, as 7- 1 11 i art ill' 7,4„,...., ..... ' v• 1.... : / ' 1 --a I C-- 11 h' stur 11 r e_ --- - ---=.__Road parry-N �i1 �1 1 __ _ - Road ;---__4 c , n 11 fir.-- arf Ne, k-D- ____ ----___.:--------------- 0 A Gt b „ic,--- 0 p°° o 0 R20 Allimia ,,,_ Site Kroll Investment Group, LLC W r�� r Property_Polygons 1529 Taylor Farm Road s Zoning Building - m Feet Parking Lot Drive Aisle 0 50100 200 300 400 500 600 / ., CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: KROLL INVESTMENT GROUP, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning (additional option of an exterior building material) for the property located at 1529 Taylor Farm Road (GPIN 1495752206). COUNCIL DISTRICT — ROSE HALL MEETING DATE: May 18, 2021 • Background: The applicant seeks to amend the 2004 proffer agreement in order to expand the options for exterior building materials that can be used on this site to include fiber cement siding (Hardie Plank) for the proposed office-warehouse building in the London Bridge Commerce Park. The 2004 proffer agreement limits the façades along the rights-of-way to be constructed of either brick, split face block or stone. • Considerations: Development within this commerce park primarily consists of an industrial warehouse character. The proposed development reflects an office warehouse building that is consistent with the Comprehensive Plan's recommendations for attractive and high-quality architectural building materials and designs along key roadways and is a by-right use under the I-1 Light Industrial District regulations and consistent with the existing proffers. 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 April 14, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 9-0. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. R.-/-,Submitting Department/Agency: Planning Department / City Manager: Ii 4VBApplicant & Property Owner Kroll Investment Group, LLC Agenda Item Planning Commission Public Hearing April 14, 2021 City Council Election District Rose Hall 12 Virginia Beach Request Modification of Proffers Staff Recommendation Approval e'R° F �• Staff Planner Avow, Hoa N. Dao = p r. Lo^don Location "dam Road Norse Pasture oad 1529 Taylor Farm Road Dam Nec oad GPIN 1495752206 Site Size 1 acre AICUZ A Greater than 75 dB DNL Oiy P °r e Watershed Chesapeake Bay Existing Land Use and Zoning District z, X-gdry - s rp i � �� � Undeveloped land/ I-1 Light Industrial 0^do^ b9eR°adm Surrounding Land Uses and Zoning Districts ' # North - r: Hwse Pastuc Undeveloped land /I-1 Light Industrial t` a Rwd South _ - _- Dam Neck Road Outdoor recreational facility (hayrides) /AG-1 is 5 Agricultural o"^""kR°ad = East Taylor Farm Road Office-warehouse/ I-1 Light Industrial • West Undeveloped land/ I-1 Light Industrial Kroll Investment Group, LLC Agenda Item 12 Page 1 Background & Summary of Proposal • The subject site is located within the Taylor Farm Commerce Park and was rezoned to Conditional I-1 Light Industrial on May 14, 2002. A Modification of Proffers to amend Proffer 2 of the 2002 rezoning was granted on September 14, 2004. • Subsection H of Proffer 2 required that the building not exceed forty-five feet in height and the exterior facade of the building constructed within the Taylor Farm Commerce Park to be either brick, split face block, painted block, concrete panel, stone,wood, E.I.F.S. or metal and shall be an earth-tone color or colors. In addition,the building facade,visible from Dam Neck Road, is required to be brick, split face block or stone. The subject property fronts Dam Neck Road. • The applicant now seeks a Modification of Proffers to amend Subsection H of Proffer 2 in order to permit cement fiber board (hardie plank) as a building material for the construction of an office-warehouse building. IN aloge 2 Zoning History / 1. Mo�:PAar�� # Request " 4 1 CUP(Bulk Storage Yard)Approved 12/11/2018 2 CUP(Bulk Storage Yard)Approved 05/01/2018 it/ 3 CUP(Craft Brewery)Approved 03/20/2018 otat 4 MOD(Proffers)Approved 09/14/2004 CRZ(Ag-1&AG-2 to Conditional I-1)Approved 05/14/2002 5 _ 5 CUP(Outdoor Recreational Facility)Approved 09/23/1997 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 In Staff's opinion, the applicant's request to include cement fiber board as a permitted construction material within the Taylor Farm Commerce Park is acceptable.The surrounding buildings consist of an industrial warehouse character while the proposed building contains an office building appearance. The Conceptual Elevation Plans depicted on pages 8& 9 of this report show the building to be of high quality materials and architectural designs. This is consistent with the Comprehensive Plan recommendation that calls for development along key roadways to have attractive and high-quality architectural building materials and designs. Based on these considerations, Staff recommends approval of the request subject to the proffers listed below. Kroll Investment Group, LLC Agenda Item 12 Page 2 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Subsection "h" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, cement fiber board (Hardie Plank), split face block, painted block, concrete panel, stone, wood, E.I.F.S. or metal and shall be an earth-tone color or colors.The exterior surface of any building on parcels numbered 8 through 14 on the site plan,which are visible from Dam Neck Road shall be either brick, cement fiber board (Hardie Plank),split face block or stone. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Staff Comments: The request to include cement fiber board as a building construction material within the industrial park area is acceptable in Staff's opinion. 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. 2004 Proffers —Amended Proffer 2 The applicant desires to modify Proffer 2 as follows: "The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. b) A twenty-foot (20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road. d) A minimum thirty-foot (30') side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot (15') side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot (10') wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot(15')setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. Kroll Investment Group, LLC Agenda Item 12 Page 3 h) No building shall exceed forty-five feet(45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS, or metal and shall be an earth- tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, split face block or stone." The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). 2002 Proffers 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach,Virginia", dated 03/11/02 and prepared by Spectra Group, which has been exhibited to the Virginia Beach City WOMACK—CHAPPEL Agenda Item # 19 Page 3 Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty-foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road d) A minimum thirty-foot (30')side yard building setback and rear yard building setback (on non-through lots) shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK" dated March 15, 2002 which are included in the Deed Restrictions described in Proffer#3. f) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. g) No building shall exceed forty-five feet(45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS or metal and shall be an earth- tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. 3. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants,Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein,the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls. The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Kroll Investment Group, LLC Agenda Item 12 Page 4 Comprehensive Plan Recommendations The subject property is located within the South Oceana Special Economic Growth Area (SEGA), which the Comprehensive Plan identifies to have significant economic value and growth potential. Developments along key roadways are desired to have attractive and high-quality architectural building materials and designs. Therefore,the proposal to include cement fiber board as exterior material is acceptable and consistent with the Comprehensive Plan's vision. 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 this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14, 2021. Kroll Investment Group, LLC Agenda Item 12 Page 5 Conceptual Layout Plan ttg. yy 7 1.... vrw JOrf{J►o.tJNn i ,.1_— ,n -- — ..... • hL epe�t� =---=.►;•-si g �`i -- a .Ei ..- - .- A.,` £! 1 t ,. 1 # ':,,,,, -- _ it _ * _PAS '' .is -- r • ' I t,.:....:; n-; tit' ''•'4, \ I .,:•-• ,....hL 21_4_1 _. -, �' i \Z li . t_ fl--y*$ 0 il \ _ iii 1 1 6 4` ::. il ) 4 ill • I I I IjI. 0 1 , Ll e i NII ii i cc } , r 6 1 i o .K:.'".. CC z q i 1: :11 ' --i ��j I t•,- .1 nit i .)°,) ...,, " zR • I% * ---LL•i- \ ,C--iiil if glie` , ,...,r: ' I,, r /I /' • i }� il j - s. 111 ; , f i � , I i '• 11; 1 ! h 1 a . �777//////!/!/////+liA. 9 r >: .,: :•. �•( _ I a1a�Y g1YY�..�m.nsc I 'I >' ��t � '\ firs z22 N ,1 I- ‘ ! 1 l�3 ;tin ear. ——7+7F -- ——— I 1:1 ; �'. slfl — 1 ' ':► r� e9sec_ + '- {{'yy Iii ''—iii .'-- .-7— _,. i]'S_ g _- i — ' I. Ut t gl w+�w ao�v�r►o f � a� r . 3 } L :a YY =t DAM NECK ROAD Kroll Investment Group, LLC Agenda Item 12 Page 6 Conceptual Landscape Plan 1 I z-- - -- • ,1 ` � I l r,.—r ii" :a.l �-J 1 x W C ' 1• O O -: j i O = / • 1p ° a gz S g ` Z _ a ° a 1 ! 1 1. p i • • x o Y �•" / 11 g i .L < a S • cc , 0 1 I 1 (61) g alii ` Q x 1 k. .(_ L.L a, • (illirmgmw)IP .:.:.•1...:•.1 / pJ Iiir Ill-ir____ '," -, < , . it g 1 • t n • , , 1 , _ • Y y • ^- I ^ j�/��1 1 i u r i - :. i Viiiiiitre. \ • $ Z ! rci 2. / ? g ,',, 4: g g Air./ ... N i 3 istif it A C f h i _O C •.t * .._tee---,Q;�iiI 7. pill, - ,... 4,: 1 ,• � . k r •w�•dritiVo a- . i .I I • rte _ . J • I a _ •I ti.. . 1 --t- -_-- • ---- .O s 1-_ / 1 .% — i DAM NECK ROAD Kroll Investment Group, LLC Agenda Item 12 Page 7 Conceptual Elevation Plan s .r X ££ as C c c Y L L rsrf,= E y Y T$ e a- . 3 n c v Y Y k s i - = = r j 4. Y Y Q ' 2 i m a V J _c7 `Y 1 5 - oE. I. F. - : '' 3Ea =5 �w 4 t u g1 we PS c-e �3 47 -,i ce 4v..e.�.6 0 • o-"r:d % Ill i r W I i I I i 1 : ilia 1 I e I Z 1 • • II Z i a /� Ir Kroll Investment Group, LLC Agenda Item 12 Page 8 Conceptual Elevation Plan Y a s t x y t ai j L i r .,,f 1 1—"5 = - - 6 = i Y a= J, Y e t- - 7 i,1 . .. r i C v e'c —1 ac' ' J :, — n-,, „.L n c,?C V f r.- b lc i 1 j I a 1 I I j T , Z • 1 — a r, €_ <' _- _- CI a: Kroll Investment Group, LLC Agenda Item 12 Page 9 Site Photos art an�� • I � gyp! :4y - Kroll Investment Group, LLC Agenda Item 12 Page 10 Site Photos - - - .. -� ;yam ...,G arts 6 �-!t ?�➢- - F � a #41, Er Kroll Investment Group, LLC Agenda Item 12 Page 11 Disclosure Statement Disclosure Statement CII4,f i=viola&mtl 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 Kroll Investment Group I,LLC,a Virginia limited liability company Does the applicant have a representative? C 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?II Yes No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Jeffrey A.Kroll,Manager;Maryellen Kroll,Joshua Kroll,Alexander Kroll,Members • If yes,list the businesses that have a parent-subsidiary or affiliated business entity'relationship with the applicant (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2 2-3101. 2"Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Kroll Investment Group, LLC Agenda Item 12 Page 12 Disclosure Statement Disclosure Statement V13 coy fvavr,.aeo Planning&Community .111.11111111 Development _ . '11141‘. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes 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 ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes SI 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?In Yes 0 No • If yes,identify the firm and individual providing the service. Covington,Hendrix Anderson Architects 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. 2I Kroll Investment Group, LLC Agenda Item 12 Page 13 Disclosure Statement Disclosure StatementMr3 (lty of Virginia Bad, 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. Hoggard/Eure,P.C.&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?I 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. Kroll Investment Group I,TLC B _„„mw„/"A„, Applicant Si:+ Jeffrey A.Kroll,Manager Print Name and Title iJ8•?/ Date Is the applicant also the owner of the subject property? •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 04.28.2021 Signature Print Name Hoa N. Dao 31 Kroll Investment Group, LLC Agenda Item 12 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. Kroll Investment Group, LLC Agenda Item 12 Page 15 4G1 l'B 40 J`. ri,Gl Lam' Li J **- 6.; 4 - 4� CITY OF VIRGINIA BEACH r • INTER-OFFICE CORRESPONDENCE T OF OUR I No,ON5 In Reply Refer To Our File No. DF-10608 DATE: May 6, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Kroll Investment Group II, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on 18, 2021. I have reviewed the subject proffer agreement, dated January 24, 2021 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: Debra Bryan AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS KROLL INVESTMENT GROUP I, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 24th day of January, 2021, by and between KROLL INVESTMENT GROUP I, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of that certain parcel of property located in the Rose Hall District of the City of Virginia Beach, containing approximately one (1) acre and described in Exhibit"A"attached hereto and incorporated herein by this reference (the"Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional B-2 Community Business District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of the Proffered Covenants, Restrictions and Conditions dated January 14, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4698, at Page 0794 (hereinafter"Original Proffers") as amended by FIRST AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS dated April 30,20004 and recorded in the afore referenced Clerk's Office as Instrument Number 200409220151888 (hereinafter "2004 Amended Proffer") applicable to the Property; and GPIN: 1495-75-2206-0000 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed proffer modification, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's proffer modification application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map applicable to the Property. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended and modified declaration of covenants,conditions and restrictions governing the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Subsection "h)" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, cement fiber board (Hardie Plank), split face block,painted block,concrete panel,stone,wood, E.I.F.S.r metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 2 through 14 on the site plan,which are visible from Dam Neck Road shall be either brick, cement fiber board (Hardie Plank),split face block or stone. 2. Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified,affirmed and remain binding upon the Property and upon any party holding title under,by or through the Grantor. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order,in writing,that any noncompliance with such conditions be remedied,and 3 (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages,or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Kroll Investment Group I, LLC, a Virginia limited ha''lity company 4/Ift, By: (SEAL) Je y- '•Kroll,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this24day of January, 2021,by Jeffrey A. Kroll, Manager of Kroll Investment Group I, LLC, a Virginia limited liability company, Grantor. t ) otary Public My Commission Expires: !111I 5 I -5'0,2 Notary Registration Number:6?j 19 Amanda M.Wentz NOTARY PUBLIC REG.#7521847 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES October 31st,2024 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach,Virginia,and known,numbered and designated as"LOT 23B-2", as shown on that certain plat entitled"SUBDIVISION PLAT OF LOT 23B TAYLOR FARM COMMERCE PARK, VIRGINIA BEACH, VIRGINIA" under seal dated May 7, 2020, prepared by American Engineering,and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,as Instrument Number 20200602000470900. GPIN: 1495-75-2206-0000 H:\AM\—Mod of Proffers\Kroll Investment Group I\Amendment to Proffer.docx 6 Item # 12 Kroll Investment Group, LLC [Applicant & Property Owner] Modification of Proffers 1529 Taylor Farm Road April 14, 2021 RECOMMENDED FOR APPROVAL—CONSENT Mr. Wall: Thank you, Mr. Graham. The next application is application number 12. Kroll Investment Group LLC, Modification of Proffers. Is there a representative for this item? Mr. Bourdon: Again, thank you Vice-Chair, Mr. Chairman, members of the Commission. For the record, Eddie Bourdon, Virginia Beach attorney representing Kroll investments. This is a proffer modification, so there are no conditions other than the proffers that we've modified and simple application. Again, appreciate being on the Consent Agenda. Mr. Wall: Thank you. Is there any opposition for this item to be on the Consent Agenda? Hearing none, we've asked Mr. Inman to read this into the record. Mr. Inman: Thank you Mr. Wall. This is an application for Modification of Proffers. The subject site is in the Taylor Farm Commerce Park and was zoned Conditional 11 back in 2002. The issue here is that the exterior facade of the building constructed in Taylor Farm Park must be brick split face block-- painted block concrete panels, stone, wood, E.I.F.S or metal and be of an earth tone. The request is to modify the proffers to allow for the use of fiberboard hardie plank. The staff's opinion is that the cement fiberboard as a permitted construction material within a park is acceptable. The surrounding buildings are industrial and some office --this is going to be more of an office appearance but also have a storage area. It's felt that this is consistent with the comprehensive plan recommendation that calls for development along key roadways to have an attractive high quality architectural building materials and design. So, on that basis, we agree and put it on the Consent Agenda. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? 1 Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a 2 representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 3 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE • Oliver AYE Redmond ABSENT Wall AYE Weiner AYE PROFFERS: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Subsection "h" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, cement fiber board (Hardie Plank), split face block, painted block, concrete panel, stone, wood, E.I.F.S. or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, cement fiber board (Hardie Plank), split face block or stone. 4 Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Staff Comments: The request to include cement fiber board as a building construction material within the industrial park area is acceptable in Staffs opinion. 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. 2004 PROFFERS —AMENDED PROFFER #2 The applicant desires to modify Proffer 2 as follows: "The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. b) A twenty-foot(20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road. d) A minimum thirty-foot (30') side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot (15') side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot(10')wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot (15') setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the"SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS, or metal and shall be an earth-tone color or colors. The exterior surface of 5 any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, split face block or stone." The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). 2002 PROFFERS 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach, Virginia", dated 03/11/02 and prepared by Spectra Group, which has been exhibited to the Virginia Beach City WOMACK — CHAPPEL Agenda Item # 19 Page 3 Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty-foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road d) A minimum thirty-foot (30') side yard building setback and rear yard building setback (on non-through lots) shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the"SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK" dated March 15, 2002 which are included in the Deed Restrictions described in Proffer#3. f) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. g) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. 3. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein, the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls. The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 6 A—''h:v,.•\,rjN z,\ \%A/(: C, ' , 0-c--__,1_,,,_1,_\\ ç \J4 cB4 ' ci _,\,,,_Jj j 7 '—A-\--/s*\ai\i1\t /C0__"_ B4 ,J�� � ; f• ,dam' -/- 1‘k,04i,,.9,-0,0(_\9,, 0 ) " I:�A24 \ i\ ,,<c))// .- #:„ A ,,,, ____ ___,,_..,_ 14),;;.,\ ' .., �� �� eO reC �C ir A,-, •---s -0 des _ I" / Shore re=Dr_� e �� e 110 4 Drive Sh n� 0 , '' e=H ____- B4 �, �4 Cap _0 ,R, . Cape-Meaty-Drive il. c�__ - __ o . a "fir V_ , Cli.ci Q OliveOn �Tie, - R40 / /, >,,NN:- ', \P1- N Site CRP-GREP Overture Chesapeake Owner, LLC W f4l';, Property_Polygons 3399 Ocean Shore Avenue s Zoning J Building •• Feet Parking Lot Drive Aisle 0 50100 200 300 400 500 600 I 1 lis ii C't N J CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: CRP-GREP OVERTURE CHESAPEAKE OWNER, LLC [Applicant] CFC, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (remove sign prohibition) for the property located at 3399 Ocean Shore Avenue (GPIN 1489809680). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: May 18, 2021 • Background: The applicant seeks to remove the condition that prohibits placement of a freestanding monument sign specifically along Shore Drive and Cherry Tree Place associated with an existing senior house facility. The applicant desires to install an 8-foot long by 6-foot tall freestanding monument sign along Cherry Tree Place. • Considerations: The proposed sign will be located behind the existing art sculpture. Additional trees and shrubs are planned to be planted, thereby continuing to improve the aesthetics of the site. The location of the proposed sign has been reviewed by Staff and there are no concerns related to sight line obstruction to vehicular traffic at the intersection. The design and dimension of the proposed sign are consistent with the Shore Drive Corridor Design Guidelines. The Bayfront Advisory Commission was briefed on the application and based on their input the length of the sign was decreased from 14 feet to 8 feet by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of concern was received by Staff noting concern related to sight line obstruction. • Recommendation: On April 14, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 9-0. 1. All conditions attached to the Modification of Conditions granted by the City Council on July 8, 2014, shall remain in effect with the exception of Condition 11 , which is hereby replaced as follow: "No freestanding identification sign shall be permitted along Shore Drive." 2. When developed, the freestanding sign shall be in substantial conformance with the submitted Elevation Plan entitled, "Job #346965", dated March 24, 2021 , and prepared by Benson Signs, which has been exhibited to the Virginia CRP-GREP Overture Chesapeake Owner, LLC Page 2 of 2 Beach City Council and is on file in the Department of Planning and Community Development. 3. When developed, the location of the freestanding sign and landscaping shall be in substantial conformance with the submitted plan entitled, "Overturn Entry Landscape", dated March 25, 2021 , and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager:pAV 1BApplicant CRP-GREP Overture Chesapeake Owner, LLC Agenda Item Property Owner CFC, LLC Planning Commission Public Hearing April 14, 2021 14 City Council Election District Lynn haven Virginia Beach Request Modification of Conditions Staff Recommendation Approval ‘_ Staff Planner Hoa N. Dao a �___ __ z,._- Cape Henry Cour Location . t( w , 3399 Ocean Shore Avenue ; Shot-et/rive a nsPn¢tjOad s GPIN Cape Henry Drive t.S a ,r 1489809680 . �_._- Pi,, r Basin Court e/e rt Site Size A _. _o_ Bann Road 7.47 acres -__ _ Island Lau AICUZ At b Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ` •i Multi-family dwellings/B-4 Mixed Use .•;�. �\ c a .♦ .;c'f Surrounding Land Uses and Zoning Districts , North ; ► C•s Ocean Shore Avenue, Point Chesapeake Way P� • Y Q �i Multi-family dwellings / B-4 Mixed Use : ' � • robQd ,'4;� x'srt� South •.ri' .: - � `, Shore Drive A - .. Commercial retails/ B 4 Mixed Use .Store Drove o. East ».. , o;,tx "� pHTnr��piyer Y �.• � Cherry Tree Place, Page Avenue '*.`1.yi` •° Multi-family dwellings / B-4 Mixed Use .� It West .`&••t.' _ • A Point Chesapeake Quay ., # r Multi-family dwellings / B-4 Mixed Use `'`'li k CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 1 Background & Summary of Proposal • The subject property is zoned B-4 Mixed Use District and is located within the Shore Drive Corridor. • The applicant seeks to modify Condition 11 associated with the Modification of Conditions request that was granted by City Council on July 8, 2014 in order to install a freestanding monument sign along Cherry Tree Place. • The applicant attended the Bayfront Advisory Commission on March 18, 2021 and presented the proposal to the Commission. Zoning History 7, iy # Request �°�®q Pc 1 MOD(Multi family Dwellings)Approved 07/08/2014 � J CUP(Multi-family Dwellings)Approved 12/07/2004 ' �sj 2 CUP(Communication Tower)Approved 07/09/1996 Shore Drive 3 3 MOD Approved 06/27/1995 MOD Approved 02/28/1995 CUP(Watercraft Rental)Approved 03/22/1994 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 Evaluation & Recommendation The proposal to install a freestanding monument sign along Cherry Tree Place, in Staff's opinion, is acceptable. The proposed sign will be located behind the existing art sculpture with additional trees and shrubs to be planted that will improve the aesthetic of the site. The proposal has been reviewed by Traffic Engineering and commented that the proposed sign location will not cause sight obstruction to vehicular traffic at this intersection. The Bayfront Advisory Commission recommends that the length of the monument sign be reduced from fourteen feet to eight feet in keeping with the Shore Drive Corridor Design Guidelines. The applicant submitted a revised plan with the length of the sign reduced to eight feet and the height of the letters below 12 inches. The revised monument sign on page 7 of this report meets the criteria of the Design Guideline. Based on these considerations, Staff recommends approval of the request subject to the conditions noted below. CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 2 Recommended Conditions 1. All conditions attached to the Modification of Conditions granted by the City Council on July 8,2014,shall remain in effect with the exception of Condition 11,which is hereby replaced as follow: "No freestanding identification sign shall be permitted along Shore Drive." 2. When developed,the freestanding sign shall be in substantial conformance with the submitted Elevation Plan entitled, "Job#346965",dated March 24,2021, and prepared by Benson Signs,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When developed,the location of the freestanding sign and landscaping shall be in substantial conformance with the submitted plan entitled, "Overturn Entry Landscape",dated March 25,2021,and prepared by Kimley Horn,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Conditions of 2014 Modification 1. All conditions attached to the Conditional Use Permit granted by the City Council on December 7, 2004,are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the property shall be developed substantially in conformance with the exhibit entitled,"Conceptual Site Layout&Landscape Plan of Point Chesapeake,Virginia Beach,Virginia,"dated 03/20/14,prepared by MSA,P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 3. When the buildings depicted on the exhibit referenced in Condition#2 above are constructed,the number of stories,exterior building materials and the architectural design shall be in substantial conformance with the elevations entitled,"Conceptual Architectural Renderings,Point Chesapeake, The Terry Companies Five,L.L.C.," dated 0/16/14, prepared by Cox, Kliewer&Company, P.C., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 4. As proposed,evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment,as may be necessary to satisfy the applicable regulations of the Federal Emergency Management Agency for this site,shall be submitted to the Planning Director prior to final site plan review approval,so that no structural fill is required in a"VE" Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the Virginia Beach City Council on March 28,2000,the applicant shall provide an easement,subject to approval by the City Attorney's Office,for the CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 3 construction of a public pedestrian/bike,ADA accessible pathway with a minimum width of eight feet,on the Point Chesapeake property,connecting to the City property adjacent to and under the bridge. 6. A Landscape Plan shall be submitted during final site plan review to the Development Services Center depicting informal,naturalistic placement and maintenance of plant materials reflective of the native maritime forest species,tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac,additional plant material shall be installed throughout the site, beyond that depicted on the exhibit identified in Condition#2 above.The final site plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic,freestanding feature shall be installed on the property as a visual amenity at the Cherry Tree Place/Shore Drive intersection.Said feature shall be depicted on the final site plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign for the condominium units shall be located substantially at the location identified on the exhibit referenced in Condition#2 above and limited to a monument style sign, no taller than eight feet,externally lit,constructed with materials and colors that complement the exterior of the condominium buildings. 9. The freestanding identification sign for the apartment buildings shall be limited to a monument style sign, no taller than eight feet,externally lit,constructed with materials and colors that complement the exterior of the apartment buildings. 10. Other than a building mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 11. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 12. Ground floor and second floor parking spaces shall be screened from view from all rights-of-way by the installation of a solid wall,minimum height of four feet,at the base of the structure or within the brick columns of the building, or by other means acceptable to the Planning Director. 13. Trash compactors and dumpsters shall be screened from view from the rights-of-way,consistent with the Virginia Beach Landscaping Guide,with building materials and colors compatible with the buildings'facades. 14. The following shall not be located between the public rights-of-way and the buildings'façades unless screened by a method approved by the Planning Director: heating and ventilation equipment,generators,any other mechanical equipment;and trash receptacles and compactors. 15. All easements,utility easements or otherwise,shall be identified on the final site plan. 16. Roof-mounted equipment shall be screened from view of all public rights-of-way and from any public open space. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being in the Suburban Area,Suburban Focus Area 1-Shore Drive Corridor.The Corridor extends 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.The area is considered a resort neighborhood and not a resort destination. Recommendations include preservation and protection of the character of the established neighborhoods;allowance of the lowest reasonable density for future CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 4 residential uses; improvement of public parking and public access to the beachfronts; and, promotion of corridor beautification. 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 this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 37,100 ADT1 36,900 ADT 1(LOS 2"D") Cherry Tree Place No Data Available 9,000 ADT 1(LOS 2"D") No change in trip generation Ocean Shore Avenue No Data Available 9,000 ADT 1(LOS 2"D") Page Avenue No Data Available 9,000 ADT 1(LOS 2"D") 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive is a four lane urban major arterial. Page Avenue is the western project limit of CIP Project Shore Drive Corridor Improvements—Phase III which is scheduled to begin construction in August 2021. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • One letter of concern has been received by Staff noting concern related to sight obstruction. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 5 City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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-council/Documents/Bookma rkedAgenda.pdf on May 14, 2021. CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 6 Proposed Site Layout • _ SHORE AVE. EXISTING 5;D_EWALK 1 c• P-p rimer-I \P I //, •., et,UMW__- FXRTING INF OAR TREES TO REMAIN DRR I'HT EVERGREEN TREES LAWN iDISl SCREENDR GENERATOR SHRUBS PERENNIALS, AND GRASSES.TVP (71 R ITT ORNAME N7AL TREES.TIE 35 WI� —OVERTURE SIGN. \ R'LENGTHI9 WIDTH.SA"IICK.ITT NfitIL.s 7 COCA710 S Off R O WTI. 1 PROPOSED PHASE 7 SNORE DRIVE IMPROVLMTNTSALONG CITLRRT TREE • .. r OVERTURE APARTMENTS -,t,, ` EMI • P-lc- •♦ E —�\ y S et. t _J/�` -, t / ♦ I + �♦ ♦ • I �--i I f ••♦ ♦o ♦f -•�._ _ PRO ELpE e` —/- / I ♦♦ ♦CS ... —�`'_ ,,,,oft _ I / • • I / .__ I / / ♦♦ • IRi,T.NI. } t.E v.A L. / + / ♦ ♦ / I / ♦• ♦ I I ♦S. SHORE DRIVE + I I I + I+ II II 4 CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 7 O 0 IA m O. 0 C 3 CD 29„ 00� 96" 1 CI.C2.C6.&C6 PAINTED FABRICATED ALUMINUM MONUMENT 8 I/I OV _EIZTURE CI PAINTED ROUTED 1/4' ALUMINUM COPY STUD MOUNTED 1'FROM SURFACE 68" A 51h" 62 APARTMENT HOMES CI PAINTED ROUTED 1/4' ALUMINUM COPY FLUSH MOUNTED TO SURFACE ' ©toms CI APPLIED VINYL ICONS r) 7z7 6 21 I/1" v O ro m n ro In ro D v va �c- m ro Q v -a 0 ro DO I- CO n Site Photos a ri-, 1i I - a �ITr. . �t, l� � �. nn� di r� ai ( 'eft '• I. aR +. K- . 4 3 /' .-- - r .4 4 -I,- y..ns7 3 Sn fit ' ` .t k, 'xV... .44 a aft E° ;�h,r. '�"= ``Fx+' .*.:_., fj�' ':�y.oili‘ . Y t -:,,...,i,...,..„.,. ...?„..,,...—,7,.: .4:1,,,,..r. . „.14,., ......„...,:„.., 1,4„.....,.... , , . . s•. ]� yF. _I , .. "'4..' ''''' 1 ia� ` 1 �. Aa'e 0..,.„,:,,..,,,_,::-:::.51t,r,.:',,,,, - '„ �• ice- .'-r. '. CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME CRP-GREP Overture Chesapeake Owner, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application, APPLICANT NOTIFIED OF HEARING DATI El NO CHANGES AS OF DATI 04.28.2021 REVISIONS SUBMITTED DATE CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 10 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IXCheck here if the APPLICANT l5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: CRP-GREP Overture Chesapeake Owner, LLC If an LLC, list all member's names: See attached Exhibit A If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes./ and 2 ♦ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. /2 Check here if the PROPERTY OWNER /5 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:CRP-GREP Overture Chesapeake Owner, LLC If an LLC, list the member's names: See attached Exhibit A Page 2 of 7 CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationshi other than P p, parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ( Architect/Landscape Architect/ u uLand Planner Contract Purchaser(if other than othe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed f�l purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents KIMLEY HORN Financing(include current mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) Legal Services WILLIAMS MULLEN Real Estate Brokers / C Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. 1/ John Clarkson,Vice President 12/11/20 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 14 Disclosure Statement 1/13 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • 171 Accounting and/or preparer of ' your tax return Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed l ' I purchaser of the subject property t ' I (identify purchaser(s)and purchaser's service providers) IJ ❑ Construction Contractors • nEngineers/Surveyors/Agents KIMLEY HORN Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n n Legal Services WILLIAMS MULLEN Real Estate Brokers/ • EAgents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 7 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 15 Disclosure Statement II/3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. fl� John Clarkson,Vice President 12/11/20 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 16 Disclosure Statement EXHIBIT A OVERTURE CHESAPEAKE ORGANIZATION CHART I Various series of Greystar Greystar Real Estate Partners,LLC Various Principals Development,LLC of Greystar I I I 100% 100% 0% I 100% I Manager and Member I I f WI-Oman/Peterson Greystar II,LLC. GS Promote Aggregator a DE limped liability company LLC Greystar Investment Group.LLC Greystar Fund VII Investors.LLC 0% 0% I I l I 93.13% promot Manager and 687% Member CRP AA Member.L L.C. GreystarColnvestment Vint,LLC EIN.xx-xxxxxxx lox id l4,-41545e91 15.0% Manage! Developer Member CRP-GREP AA.L.L C. EIN: 47-1570766 100% CRP-GREP Overture Chesapeake Pledgor,L L C. EIN.85-3772967 100% CRP-GREP Overture Chesapeake Owner L.L C. Clancy F.Theys Construcnon Company EIN 1570766 Construction Agreement CONTRACTOR • CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. CRP-GREP Overture Chesapeake Owner, LLC Agenda Item 14 Page 18 Item # 14 CRP-GREP Overture Chesapeake Owner, LLC [Applicant] CFC, LLC [Property Owner] Modification of Conditions 3399 Ocean Shore Avenue April 14, 2021 RECOMMENDED FOR APPROVAL —CONSENT Mr. Wall: Thank you. The next item on the agenda is Agenda Item Number 14; CRP-GREP Overture Chesapeake Owner, LLC is the applicant and CFC LLC is the property owner, for Modifications of Conditions. Is there a representative for this item? Mr. Palmer: Good afternoon Chairman, Vice-Chairman, members of the Planning Commission. My name is Grady Palmer; I'm an attorney representing the property owner. We appreciate being put on consent and we are in agreement with the recommended conditions. Thank you. I'll stand by. Mr. Wall: Okay. Is there any opposition for this item to be on the Consent Agenda? Hearing none, we've asked Mr. Graham to read this into the record. Mr. Graham: Thank you, Mr. Wall. This application is for the Overture Apartments in the Shore Drive area of Virginia Beach at 3399 Ocean Shore Avenue. The applicant has applied for a Modification of Conditions to allow a freestanding monument sign to be located on Cherry Tree Place. The applicant has worked with the Bayfront Advisory Board to come up with an appropriate size for the sign. The Planning Commission agrees with Planning staff's recommendation to approve the application and therefore has placed Agenda Item 14 on the Consent Agenda. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. 1 Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have a motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? 2 Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. 3 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. All conditions attached to the Modification of Conditions granted by the City Council on July 8, 2014, shall remain in effect with the exception of Condition 11, which is hereby replaced as follow: "No freestanding identification sign shall be permitted along Shore Drive." 2. When developed,the freestanding sign shall be in substantial conformance with the submitted Elevation Plan entitled, "Job#346965", dated March 24, 2021, and prepared by Benson Signs, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When developed, the location of the freestanding sign and landscaping shall be in substantial conformance with the submitted plan entitled, "Overturn Entry Landscape", dated March 25, 2021, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 Hoa N. Dao From: Barbara Perry <ptbarb@aol.com> Sent: Tuesday, April 6, 2021 11:24 AM To: Hoa N. Dao Subject: Mon, ument along Cherry Tree Place 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'm writing as a resident at Cape Henry Towers concerning the placement of a monument by Overture Chesapeake Owner LLC. Please consider the visual barrier the monument may provide to Page Avenue residents making a short Left turn onto Cherry Tree Place for the light onto Shore Drive. Currently, the vision is obscured already by large trucks and large SUVs parking on Cherry Tree Place. Another obstacle will make this intersection even more prone to accidents. Please consider the visual field for drivers attempting to make Left turns onto Cherry Tree Place by placing the sign at a low height far from the road, 40-50 feet away from the edge, closer to the Overture building. Thank you. Barbara Perry 3288 Page Ave Virginia Beach, VA 23451 / X,,,, ' ir i 7. _ii‘Z s'.\,;,/ 6% � . Ifri, ,z 3AGI ' / I. ?/ - A AG2 eh, ,AG2 (.,•,. ii':.. , iry ,i, , AG-1 ,")'AG-2 fs I11 AG2 / • A.... 0,00 AG1 ,,,' ' ', ---r" \ ' AG1 V ;-4,-sT -\,\ / : all , / rA Site North Landing Beach RV Resort & Cottages ",,-A1& Property_Polygons 161 Princess Anne Road 1 ' Zoning Building — Feet Parking Lot Drive Aisle 0 215430 860 1,290 1,720 2,150 2,580 riems rS ��" '.. b17 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORTH LANDING BEACH RV RESORT & COTTAGES — VIRGINIA BEACH, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit(Recreational Campground) for the property located at 161 Princess Anne Road (GPIN 2317412793). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: May 18, 2021 • Background: To continue to grow the resort and offer additional amenities to guests, the applicant is proposing to construct a non-commercial marina for private use by registered guests with two pontoon boats, marina store and comfort station, screened gazebo, event space, and an addition to the existing arts and crafts room. The applicant has had discussions with the United States Army Corps of Engineers and has received verbal approval for the marina as the area is currently populated with an invasive, non-native species (Phragmites) and is only inundated during wind tide events, creating a non-functional wetland. Official approval for the marina will also require approval by City of Virginia Beach Wetlands Board. History of the site is as follows: o The Conditional Use Permit for the 306-site campground was originally approved by the City Council in 1971. o A Floodplain Variance and a modification to the Conditional Use Permit were approved in 2005 to allow for six one-room cabins, nine permanent campers and associated fill material. The result was an overall reduction of the number of recreational vehicle sites to 202. o A modification to the Conditional Use Permit was approved in 2015 when the campground was purchased by the current owner for the addition of an indoor recreation building, a crafts and games building, a refuse enclosure, a scout camping area, a beach monitor structure, and two maintenance/storage buildings. o A modification to the Conditional Use Permit was approved in 2019 to remove gabion (wire) baskets that were placed along the north end of the beach by a previous owner without permits, and to construct two community piers, one at each end of the recreational beach. North Landing Beach RV Resort & Cottages —Virginia Beach, LLC Page 2 of 4 • Considerations: Since purchasing the campground in 2015, the applicant has significantly improved and renovated the campground to make it one of the top-rated campgrounds in the country. Due to increased popularity and distancing requirements associated with the COVID-19 pandemic, the campground realized more building space was needed to hold private events for campground visitors. The expanded arts and crafts center will allow space for more guests to participate, and the proposed event center will allow space for social events and dinners that are popular with guests. The campground will not hold ticketed public events and guest attendance will be limited by existing guest policies in place at the campground. 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 April 6, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 16, 2019 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing Beach RV Resort and Cottages —Virginia Beach, LLC, 161 Princess Anne Road, Virginia Beach, VA" prepared by Chesapeake Bay Site Solutions, Inc., dated August 7, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 & L-02," prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Arts and Crafts Addition for North Landing Campground," prepared by D+D Studio LLC and "Events Conference Center for Madison Vines RV Resort and Cottages" and "Bath House Facilities for Madison Vines RV Resort and Cottages" both by Gillum Architects P.C. all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by North Landing Beach RV Resort & Cottages —Virginia Beach, LLC Page 3 of 4 the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack, as depicted on the 2015 plans, shall be a non- permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10.Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 11 .Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state, and local agencies. 12.All proposed work between Mean High Water and Mean Low Water shall be approved by the Wetlands Board prior to the issuance of a building permit. Any proposal to construct, alter, or repair landings, docks, and similar structures including piers shall require approval by the City of Virginia Beach Waterfront Operations Staff prior to the issuance of a building permit. 13.The campground shall not be open to the public or host public ticked events. Events and activities held at the campground shall be limited to registered campers and their guests as allowed by North Landing Beach Campground policies. North Landing Beach RV Resort & Cottages —Virginia Beach, LLC Page 4 of 4 • 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 j�' City Manager: Applicant & Property Owner North Landing Beach RV Resort & Agenda Item Cottages—Virginia Beach, LLC Planning Commission Public Hearing April 14, 2021 16 City Council Election District Princess Anne Virginia Beach Request Mu,d¢n Yan i WeaJ Modification of Conditions Staff Recommendation Approval Staff Planner Whitney McNamara diat Location 161 Princess Anne Road T_ GPIN 0.4 2317412793 .)\ Site Size 96.03 acres AICUZ Less than65dBDNL Watershed Southern Rivers {{' Existing Land Use and Zoning District Campground/AG-1 Agricultural,AG-2 Agricultural Surrounding Land Uses and Zoning Districts North . Forested/AG-1 Agricultural, AG-2 Agricultural ,es South ,��r r� Single family dwellings, cultivated fields/AG-17 Agricultural, AG-2 Agricultural East Princess Anne Road Borrow pit/AG-1 Agricultural,AG-2 Agricultural West North Landing River North Landing Beach RV Resort &Cottages—Virginia Beach, LLC Agenda Item 16 Page 1 Background & Summary of Proposal • To continue to grow the resort and offer additional amenities to guests,the applicant is proposing to construct a non-commercial marina for private use by registered guests with two pontoon boats, marina store and comfort station,screened gazebo,event space,and an addition to the existing arts and crafts room. • The applicant has had discussions with the US Army Corps of Engineers and has received verbal approval for the marina as the area is currently populated with an invasive, non-native species (Phragmites)and is only inundated during wind tide events,creating a non-functional wetland. Official approval for the marina will also require approval by City of Virginia Beach Wetlands Board. • As recommended by Staff,the applicant submitted a preliminary stormwater management analysis to the Development Services Center(DSC) outlining the proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and finds that the submitted stormwater strategy has the potential to successfully comply with stormwater regulations for this site. More detailed information can be found in the Stormwater Impacts section of this report. • History of the site is as follows: o The Conditional Use Permit for the 306-site campground was originally approved by the City Council in 1971. o A Floodplain Variance and a modification to the Conditional Use Permit were approved in 2005 to allow for six one-room cabins, nine permanent campers and associated fill material.The result was an overall reduction of the number of recreational vehicle sites to 202. o A modification to the Conditional Use Permit was approved in 2015 when the campground was purchased by the current owner for the addition of an indoor recreation building, a crafts and games building, a refuse enclosure,a scout camping area,a beach monitor structure,and two maintenance/storage buildings. o A modification to the Conditional Use Permit was approved in 2019 to remove gabion (wire) baskets that were placed along the north end of the beach by a previous owner without permits, and to construct two community piers,one at each end of the recreational beach. North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 16 Page 2 AG-2 Zoning History # Request 1. MOD(Campground)Approved 04/16/2019 / MOD(Campground)Approved 10/6/2015 MOD(Campground); FVR(5B)Approved 11/08/2005 • �/ Av 1 REZ(AG-1&AG-2 to A-1)Withdrawn 11/10/1975 J A'G�� REZ(AG-1&AG-2 to A-1; CUP(Mobile Home Park) A. jai Denied 5/13/1974 CUP(Campground)Approved 11/08/1971 2. MOD(Borrow Pit)Approved 2/14/2006 CUP(Borrow Pit)Approved 11/08/2000 CUP(Borrow Pit)Approved 12/18/1999 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation In Staff's view,the request for a modification to the existing Conditional Use Permit to construct a non-commercial marina for use by registered guests, marina store and comfort station, screened gazebo, event space, and an addition to the existing arts and crafts room is acceptable. Since purchasing the campground in 2015,the applicant has significantly improved and renovated the campground to make it one of the top-rated campgrounds in the country. Due to increased popularity and distancing requirements associated with the COVID-19 pandemic,the campground realized more building space was needed to hold private events for campground visitors. The expanded arts and crafts center will allow space for more guests to participate, and the proposed event center will allow space for social events and dinners that are popular with guests. The campground will not hold ticketed public events and guest attendance will be limited by existing guest policies in place at the campground. Along with the Conditional Use Permit, the marina does require review and approval by City of Virginia Beach Wetlands Board. A condition is recommended below that approval be obtained from the Wetlands Board and any other permitting agencies prior to the issuance of a building permit. Staff recommends approval of this requested modification, as conditioned below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 16, 2019 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing Beach RV Resort and Cottages—Virginia Beach, LLC, 161 Princess Anne Road,Virginia Beach, VA" prepared by Chesapeake North Landing Beach RV Resort &Cottages—Virginia Beach, LLC Agenda Item 16 Page 3 Bay Site Solutions, Inc., dated August 7, 2020,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Plant material,at a minimum,shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort,sheets L-01& L-02," prepared by RV Management Services,dated June 28, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed,they shall be in substantial conformance with the exhibits entitled, "Arts and Crafts Addition for North Landing Campground," prepared by D+D Studio LLC and "Events Conference Center for Madison Vines RV Resort and Cottages"and "Bath House Facilities for Madison Vines RV Resort and Cottages" both by Gillum Architects P.C. all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne,entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan.All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack,as depicted on the 2015 plans,shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings,the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law,as determined by the Building Code Official of the City of Virginia Beach. 11. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50- foot Southern Rivers buffer,the Special Flood Hazard Area,tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval,for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state, and local agencies. 12. All proposed work between Mean High Water and Mean Low Water shall be approved by the Wetlands Board prior to the issuance of a building permit.Any proposal to construct,alter,or repair landings, docks, and similar structures including piers shall require approval by the City of Virginia Beach Waterfront Operations Staff prior to the issuance of a building permit. 13. The campground shall not be open to the public or host public ticked events. Events and activities held at the campground shall be limited to registered campers and their guests as allowed by North Landing Beach Campground policies. North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 16 Page 4 14. Use of the pontoon boats shall be limited to registered campers and their guests and shall not be available for rental by members of the general public. 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. 2019 Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 6,2015 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road,Virginia Beach,VA for RV Management Services—VB, LLC, Proposed Improvements," prepared by KLO&Associates, dated July 1, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum,shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort,sheets L-01& L-02," prepared by RV Management Services, dated June 28, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed,they shall be in substantial conformance with the exhibits entitled, "Rendering—Craft&Game Ctr.," "Renderings—Recreations Ctr.," both prepared by Ionic DeZign Studio,the photographs entitled, "Maintenance Storage Buildings," "Refuse Enclosure," "Beach Monitor Shack,"all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne,entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan.All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack,as depicted on the exhibit identified in Condition 2 above,shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings,the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 16 Page 5 10. The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to the issuance of a building permit. 11. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50- foot Southern Rivers buffer,the Special Flood Hazard Area,tidal or non-tidal wetlands,and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval,for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state,and local agencies. 13. Adjacent and parallel to the area depicted as "Scout Area"on the exhibit referenced in Condition#2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review.Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 14. The proposed pier at the Southern end of the beach shall be approved by the Wetlands Board prior to the issuance of a building permit. Stormwater Impacts Project Stormwater Design Staff Summary The project site proposes two areas of a 1.47 acre development on a 94 acre parcel that serves as an RV park.The northwest development consists of a proposed gazebo,a proposed basin, and new building.The eastern development consists of a building addition and bio-retention BMP.The site consists of well draining,sandy-loamy soils and currently drains from south east,where stormwater runoff sheetflows into North Landing River. Portions of the site that are closest to the water fall within an AE flood zone.There will be no increase in stormwater runoff of the northwest development as there exists a depression that consistently holds water.There will be an increase in stormwater runoff of the eastern development, but the addition of a bioretention is intended to hold back the runoff at a lesser rate than the predeveloped.The bioretention will accept runoff from the other areas The proposed SWMFs will consist of a level 1 bioretention that will be constructed as per the VA DEQ clearinghouse Spec. No. 9.The bioretention system will be used to satisfy water quantity and water quality compliance.The bioretention will be used to satisfy water quantity requirements and partially treat for water quality,and offsite nutrient credits will be used to satisfy the remaining water quality requirements.The preliminary grading plans propose matching the grades of the site for the improvements while maintaining the minimum 2' elevation above the AE Flood zone of 3'. The provided preliminary stormwater management design demonstrates conveyance of the runoff from the proposed development for storms up to and including the 100-year event plus 1.5' of sea-level rise(SLR). The submitted stormwater calculations show that the runoff from the site will not negatively impact the local or downstream areas. Based on the information provided by Chesapeake Bay Site Solutions in the Preliminary Stormwater Analysis,the DSC agrees that the proposed conceptual stormwater management strategy has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal. More detailed project stormwater information is listed below. North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 16 Page 6 Project Information Total project area: 1.47 Acres Drainage Area Pre-Development impervious area:4.20 Acres Post-Development impervious area: 4.22 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: No Does the analysis incorporate into design updated rainfall amounts (NOAA plus 20%)and account for 1.5'SLR: Yes Stormwater Management Facility Design Information Type of facility proposed: Level 1 Bioretention Total storage volume provided in proposed stormwater management facilities: 3037 cubic feet Description of outfall: Runoff from the site drains directly to North Landing River via sheet flow. Runoff that overflows from the bioretention will drain toward North Landing River as well. Downstream conveyance path:The site is directly connected to the downstream channel. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required: 0.42 lb/yr Method of treatment proposed:The required 0.42 lb/year will be treated partially by the bioretention facility and purchase of nutrient credits. Stormwater Quantity Compliance Design Information Channel protection: Provided stormwater model demonstrates non-erosive velocities of stormwater discharge. Flood protection:Attenuation of peak flow rates with no increase in flooding for 10-year storm in all evaluated stormwater structures upstream and downstream. 100-Year storm evaluation: The increase in runoff from the development will not have a negative impact on adjacent properties or the downstream channel. Sea-Level Rise: Project evaluated, and stormwater calculations demonstrates proposed buildings will not be impacted by stormwater during 100-year(including 1.5'SLR)storm event. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina border.The physical character of this area is low, flat land with wide floodplains and wind driven tides. Within this area is a significant presence of working farms,farm related businesses, and limited non-residential areas along with scattered housing sites. The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. Natural & Cultural Resources Impacts The site is located within the Southern Rivers watershed. As the property is located next to the North Landing River, a 50-foot buffer is required. While the proposed piers are located in the 50-foot buffer, they meet the requirements of the Southern Rivers Watershed Management Ordinance as a water dependent structure. Approximately 70 acres of the North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 16 Page 7 property is classified as Floodplains Subject to Special Restrictions.While the proposed community piers are proposed within the Special Flood Hazard Area,they are part of a larger shoreline stabilization project and,therefore, do not require a variance.Several areas on site exist as "created floodplain" due to mitigation requirements attached to the 2005 modification to the Conditional Use Permit approval. Traffic Impacts S_treet Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—Unknown Princess Anne Road 3,806 ADT 1 7,400 ADT 1(LOS 4"C") ADT 12,000 ADT (LOS°"D") Proposed Land Use 3—No change anticipated ADT 1 Average Daily Trips 2 as defined by 96-acre campground 3 as defined by 96-acre campground 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a two-lane undivided rural highway.The existing infrastructure currently resides in a 70-foot and variable width right-of-way.The MTP proposes a two-lane facility within a 70 foot right-of-way.There are no roadway CIP projects slated for this area. Currently,this segment of roadway is functioning under capacity at a Level of Service C or better. Public Utility Impacts Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14,2021. North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 16 Page 8 Proposed Site Layout 991,[2 VA'N7V39 V1911991111 v R ` PI..IV OVOAA 3NNV SS37419d l9t i LL F. 011 NOY39 VINIONIA'S3DV1100 Y 0 !, a�...�m,o.•.... :: ""' 'ONI'SNOI1rno5 3L5 Mfg 3)IV3dV53NO g La OS3lI AM HOVAA ONIONVI NINONj N S U) U W 0 ►�.. WN Q CO �S00Rc/I) CO CI Z LLI g 2 OU ZpRj ao OaQ� OQ O c3.®1. It` 4 1 o. s z u) 0 01 4. z w cc c a . 0 ��aovQQQQQ 1 Eygg , \; • oL� QQQ� #1 \, DOC,OQ aaQaQ 1 W -a,OQ it �f h ,ai ,..- ' .rJQI----ren iv, 1. .Ero(•. �I s s ` � ' i� ;k. `rY ! • ektI��,i. A. wo `5. \\ .X 5 o o W .r N e z ._ North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 16 Page 9 Site Photos Asa. ' ,, I. s+R _ ta4‘--`.)2. ds v f - fs. i. x ' _ 1 - • , t tj iR�r rF 1 w. ,_ xt ` r R :.. ( { ,sue !. e '� "'. P iRf, sF• 71 -'sr ��.7 jN t. ,� ram- f = �..t �{ 's ,..- S` y�s r ..N g1 , -isa''rv0 � 'Sf'" 1 •.:5. y;. ; 7`F ::!-tf'�G, f' Wit' -Y9 g..:441:' , r s�A;p ..yam �_'. s-: „�[s.. ¢� .-_ Gam,, .�. r 'r j � i . ..a a ,,-:i•- sit.. t'i. .F C. /.. North Landing Beach RV Resort &Cottages—Virginia Beach, LLC Agenda Item 16 Page 10 Site Photos • j $ , - 't , r� k ,(, .•67: Ze gi p, l��Vet k .• i`-� • •104,,P,' , .; ",..;*7-", ;.147...:.,:,.6_31 .;,,.. -,•.:- '.,76ro...; • -.••,ji ip 4• i, -, ' 11 ,;' • tw, k_ A • s.:r -ems _ North Landing Beach RV Resort &Cottages—Virginia Beach, LLC Agenda Item 16 Page 11 Disclosure Statement Disclosure Statement C.c y"r r'nyua„Buss; Planning&Community Developmen 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 requirec fo- 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 North Landing Beach RV Resort&Cottages-Virginia Beach, LLC Does the applicant have a representative? •Yes ❑No • If yes,list the name of the representative. Waterfront Consulting,Inc and Chesapeai.e Bay Site Solutions 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; F h i io Moreau,Managing Member • lilies,list the businesses that have a parent-subsidiary'or aff,hated business entity'relationship with the applicant. i:A.ttach a list if necessaryl r"Parent-subsid an/relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting cower of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. I"Affiliated busi-iess entity relationship"means"a relationship,oche•than parent-subsidiary relationship,that exists when(i)one business entity has a control ing ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,.or(iiil there is shared management or control between the business entities. Factors that shou d be considered in determining the existence of an affi iated business entity re ationship inc tide that the same person or substantial y 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 wo-king relationship between the entities" See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 1i : North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 16 Page 12 Disclosure Statement Disclosure Statement 'NB raq,y rag",a,e•h Planning&Cutimiuiiits' Development Known Interest by Public Official or Employee :foes ar official or employee of the City of Virginia Beach have ar interest in the subject land or any proposed development contingent on the sut,e•t ojiblic act or ❑Yes • No • f yes..e,hat is the name the official cremplcyee and what is the nature of the interest? Applicant Services Disclosure 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. Atlanta Union Bank&Trust 2. Does the applicant have a real estate broker/agent/reahor 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'III Yes ❑No • If yes,identify the firm or individual providing the service. David Sandys A. 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?1.Yes ❑No • if yes,identify the firm or indvidual providing the service. Coastal Landscapes&Nursery;Sonic Design 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. North Landing Beach RV Resort &Cottages—Virginia Beach, LLC Agenda Item 16 Page 13 Disclosure Statement ,. - F' 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 III No • if yes,identify the construction contractor. Project is currently out for bid. 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?III Yes ❑No • if yes,identify the engineer/surveyor/agent. Waterfront Consulting.Inc and Chesapeake Bay Si*litotUtionsi _ 8. Is the applicant receiving i whines nes in connadtianlMRh3Ae subject of the application or any business operating or to be operated on the property?I Yes CINo • If yes,identify the name of the attorney or firm providing legal services. Sykes,Bourdon,Ahern&Levy P.G. 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 mmtttee in connection with this application. Applicant Signature Philip Moreau,Managing Member Print Name and Title .12.9..i.. l i )-s}A Date ...---------------_,, Is the applicant also the owner of the subject prope CP %.:.r OtL • II yes,you do not need to fill out the owner disclosure statement. r011 CITY uSF.ONLY/AU disclosures must be updalnct two 1,21 wooks prcr to.ny Planning Conmrir.ion and City Conn(it meeting Ue.a perf.nn5 to rbe apple(ations rj tioChan`aatafiiii 4/27/2021 Para Name lk-11- 3lPage North Landing Beach RV Resort &Cottages—Virginia Beach, LLC Agenda Item 16 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this Use Permit 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 Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 16 Page 15 Item # 16 North Landing Beach RV Resort& Cottages —Virginia Beach, LLC [Applicant & Property Owner] Modification of Conditions 161 Princess Anne Road April 14, 2021 RECOMMENDED FOR APPROVAL-CONSENT Mr. Wall: Thank you. The next application is application number 16; North Landing Beach RV Resort and Cottages, Virginia Beach, LLC for Modification of Conditions for Recreational Campgrounds. Is there a representative for this item? Madam Clerk: Mr.Vice-Chair,there is, it's a virtual -- Robert Simon. Mr. Simon, if you would wait two to three seconds and then begin your comments. Mr. Simon: Good afternoon, members of the Commission. Robert Simon, here to represent the North Landing Beach Campground, Resort and Campground. I'd like to say thank you to the staff for working with us on this and we are in agreement with the 14 conditions that they have recommended, and we appreciate being put on the Consent Agenda. Thank you. Mr. Wall: Thanks. Is there any opposition for this item to be on the Consent Agenda? Hearing none, we've asked Mr. Horsley to read this into the record. Mr. Horsley: Thank you,Jack.The North Landing Beach RV and Resort and Cottages have done an outstanding job of renovating that campground since purchasing it in 2014. I think their original camp brand was established back in the early 70s, but it was nothing like what's there now. It's become one of the top-rated campgrounds in the country now also. But due to the popularity of this campground,they've decided to make some improvements. Such being, they want to modify the conditions; they want to put in a non-commercial marina to be used by their guests only, a marina store, comfort stations, screen, gazebo, event space and an addition to the existing arts and crafts room is what their goal is, to do that. The staff has looked over all these requests and they deem them worthy, and the conditions from the 2019 use permit will all be deleted, and the 14 new conditions will be established in the new modifications. So, there were no oppositions to this request, so we decided to go ahead and put it on the Consent Agenda. Thank you. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. 1 So yep, that was the last item on the Consent Agenda. Okay.So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr.Weiner: We have a motion by Mr.Wall, do we have a second? Ms. Klein: I second. Mr.Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach,Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr.Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr.Weiner: Thank you. Ms. Oliver? 2 Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict.Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr.Wall, a second by Mrs. Klein.You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr.Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr.Coston: Aye. Madam Clerk: Mr. Graham? Mr.Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr.Wall: Aye. Madam Clerk: Chairman Weiner? 3 Mr.Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 16, 2019 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing Beach RV Resort and Cottages —Virginia Beach, LLC, 161 Princess Anne Road, Virginia Beach, VA" prepared by Chesapeake Bay Site Solutions, Inc.,dated August 7, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 & L-02," prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Arts and Crafts Addition for North 4 Landing Campground," prepared by D+D Studio LLC and "Events Conference Center for Madison Vines RV Resort and Cottages"and "Bath House Facilities for Madison Vines RV Resort and Cottages" both by Gillum Architects P.C. all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack, as depicted on the 2015 plans, shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 11. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer,the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal,state, and local agencies. 12. All proposed work between Mean High Water and Mean Low Water shall be approved by the Wetlands Board prior to the issuance of a building permit. Any proposal to construct, alter, or repair landings, docks,and similar structures including piers shall require approval by the City of Virginia Beach Waterfront Operations Staff prior to the issuance of a building permit. 5 13. The campground shall not be open to the public or host public ticked events. Events and activities held at the campground shall be limited to registered campers and their guests as allowed by North Landing Beach Campground policies. 14. Use of the pontoon boats shall be limited to registered campers and their guests and shall not be available for rental by members of the general public. 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. 2019 CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 6, 2015 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road, Virginia Beach, VA for RV Management Services— VB, LLC, Proposed Improvements,"prepared by KLO & Associates, dated July 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 & L-02," prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Rendering —Craft& Game Ctr.," "Renderings —Recreations Ctr.,"both prepared by Ionic DeZign Studio, the photographs entitled, "Maintenance Storage Buildings," "Refuse Enclosure," "Beach Monitor Shack," all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack, as depicted on the exhibit identified in Condition 2 above, shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10. The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to the issuance of a building permit. 11. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer,the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal,state, and local agencies. 13. Adjacent and parallel to the area depicted as"Scout Area" on the exhibit referenced in Condition #2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review.Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 14. The proposed pier at the Southern end of the beach shall be approved by the Wetlands Board prior to the issuance of a building permit. 7 _lilWil JiD 0 Soli � . „Iv r_tiihig i wl, r 1.. 4, 0 alitiot o foil It c3 P1 hilk illi 1 1 \ 0 1111 _ I 1 Lill. 1. i 1 4.4ei r 7Vlini -T _i____:_„___-_-__-___ \ _._i, s ei_./A,__ 1 Wl�, SA° gw R,7_5 0 .w - c� Rr;5 „ !R7.5 1 �, ■t a Z-.11- 'mill" INI ._l-- ig .1 l ,,_0 toilprmr ,R5'p o � _ - o �, x / i ta'. -q2,\- i4r R_5D o r Mn.,._ - B2 lill L J 114 Ego 05W e — ►in,.... ii o o 1 ill IP •' IiR5D 1 ��-R7:5 o 11111 .11, ir �� R�715 0-- I ►� 1 R7\.5 J R5,D i , , . ■ . I I. — R5 D I WI .. I N = Site City of Virginia Beach W k,: 1Property_Polygons 206 Bob Lane :-W s Zoning Building Feet Parking Lot Drive Aisle 0 25 50 100 150 200 250 300 c " , 0 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-5D Residential Duplex District to R-7.5 Residential District) for the property located at 206 Bob Lane (GPIN 2407751034). COUNCIL DISTRICT— BEACH MEETING DATE: May 18, 2021 • Background: The City is requesting to rezone this property from R-5D Residential Duplex District to R-7.5 Residential District. The City-owned property was developed with a residential duplex. The duplex was demolished, and the site is currently vacant. The property was acquired as part of the City's acquisition program on February 3, 2014. The City Council approved the sale of the lot to the adjacent property owners. Each half of this lot will be sold and incorporated into the adjacent properties existing lots. The property is being rezoned to prevent dual zoning on the newly created lots. • Considerations: Resubdividing this vacant property to be incorporated into the two adjacent property's owners lots will ultimately eliminate density within the APZ-1 and will improve the neighborhood by having the existing landowners maintain the vacant property. This request is recommended for approval. 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 April 14, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 9-0. • 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 6_ - City Manager: frO 'NB Applicant& Property Owner City of Virginia Beach Agenda Item Planning Commission Public Hearing April 14, 2021 City Council Election District Beach 9 Virginia Beach Request Rezoning (R-5D Residential Duplex District to R-7.5 Residential District) 266 > StaJ? mntioh1 Recomeda g -1 11011 oval o , 11_1 s Staff Planner Marchelle Coleman at 3 Ohio Avenue y Location -- Aiana Avmue--I 206 Bob Lane OEN '� I G P I N `g a°1 7. � 2407751034 --- a d p°�'e Site Size s u t ROu° 10,016 square feet AICUZ g 1 Greater than 75 dB DNL; APZ-1 Watershed Chesapeake Bay Existing Land Use and Zoning District ��� � ;' . ; ;� 'ill, • Vacant Lot/R-5D Residential Duplex sy "-- - ..`; • y Surrounding Land Uses and Zoning Districts . ' North ` , r 1., s e. ' �' Single-family dwelling/ R-7.5 Residential lief; `. �s .� • �= Southlik Single-family dwelling/ R-7.5 Residential � � _` "' + ' - • I , East l Single-family dwelling/ R-7.5 Residential . ,. .. -* Ye "M West '- `. Bob Lane � �� -t a _ . Single-family dwelling/ R-7.5 Residential F. ,... ,- :. . City of Virginia Beach Agenda Item 9 Page 1 Background & Summary of Proposal • The City is requesting to rezone this property from R-5D Residential Duplex District to R-7.5 Residential District.This City-owned property is currently vacant and is located in the Oceana Gardens West neighborhood. • The property was rezoned from R-6(now R-7.5)to R-8(now R-5D) in 1978. • The property was acquired on February 3,2014 as part of the City's acquisition program to prevent further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana.At the time of the acquisition,the property was developed with a residential duplex.The duplex has since been demolished. • The City Council has approved sale of the lot to the adjacent property owners. Each half of this lot will be sold to each adjacent property owner, located at 200 and 208 Bob Lane,to be incorporated into their existing lots.The property will be resubdivided to eliminate the interior lot lines and is being rezoned to prevent dual zoning on the newly created lots. .,, , tais Ilk ,C3=.'-i „ ii ik® ® c r O 1.4f_11 YL i . _• a , ilitr, --" Zoning History i 1S v,:`� J + # Request M;`. ; �''� i - 1 CUP(Automobile Repair Garage, i le o p ' g Motor Vehicle Sales& li �' Bulk Storage Yard)Approved 07/19/2017 er osv` - -- Irli 11:111433 a Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—StreetClosure SVR—Subdivision Variance Evaluation & Recommendation This request to rezone this property from R-5D Residential Duplex District to R-7.5 Residential District, in Staffs Opinion, is acceptable. For properties such as this within the higher noise zones and within or in close proximity to an Accidental Potential Zone, the ultimate goal is to reduce density and/or to allow compatible uses that meet the objectives of the APZ-1/CZ Master Plan.The APZ-1/CZ Master Plan is an adopted component of the Comprehensive Plan that provides guidance for development in the Accident Potential and Clear Zones surrounding NAS Oceana. Resubdividing this vacant property to be incorporated into the two adjacent property owners' lots will ultimately eliminate density within the APZ-1 and will improve the neighborhood by having the existing landowners maintain the vacant property. In Staff's opinion,this request is reasonable and based on the considerations noted above, Staff recommends approval of this request. City of Virginia Beach Agenda Item 9 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area; however,the site is also located within the Accident Potential Zone 1 (APZ-1) and guidance regarding appropriate future land use for this property is found in the APZ-1/CZ Master Plan, Sub-Area B. 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. The goals of the APZ-1/CZ Master Plan for this site is to preserve existing stable neighborhoods within the APZ-1, remove all non-compatible development within the Clear Zone, as voluntary opportunities are made available, reinforce the unique physical character of the existing stable residential areas and always respect and reinforce the inherent character of the built and natural environments to avoid the fragmentation of remaining dwellings. 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 on this property. Traffic Impacts According to Traffic Engineering Staff, there will be no change to traffic generation as a result of this rezoning because there is no house now on the property and there will be no additional trips generated by the sale of this property to the adjacent landowners who will absorb this property into their lots. Public Utility Impacts Water The site is currently connected to City Water. There is an existing 6-inch City water main along Bob Lane. Sewer The site is currently connected to City sanitary sewer services.There is an existing 8-inch City sanitary sewer gravity main along Bob Lane. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 2021. City of Virginia Beach Agenda Item 9 Page 3 • 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14,2021. City of Virginia Beach Agenda Item 9 Page 4 Proposed Site Layout t ! E Ii t E N I tit tl t Gt ■ Nlit 9 ` A iE y� a ;� �� CNI x g" t #Ig a i !I Ez G. di r. d s d E x !t to via itt 01 r "i" 1 i • • 1 A 11s . lt _ • • 1Lo va fit i c,§ 8 k.4 s al 1 g 1 iti • • Co P N i cc„aw.I i,• 'u a A) tit 11 P. /Stt K i! .05) 3NL10 003 i., : • isolu li ~ LP•) , i.. EIr _ _ }ii`-'-" I il , I I oli ; 1 U 1 ptigki al it 1 1§ E i• IE t d f 64. _ Illi ii" .1 I x_ 11 . i a 1 i1 i � g* I II Lt I . e lele. . , ,fig!,: .1/ ;It !Siff, ' 'tr. Oilie a Ill/VA I K , rarrwa L..cAw c n __ 5, aa rx., 3A... ice'-. `Zy� .. � ��d �� 1 fis ! ' Is - 'ill el (,,,,,, t Yeilas lrs • a I i ri ock. Fa, �+Re` i, ; ti i . pl La. _w' W ,,,,tA ,,,,,,, t h. al 44 Z ` "° .r I li City of Virginia Beach Agenda Item 9 Page 5 Site Photo K k4,'7,-. :,',' i ', ,34,::iX --..,.,,, ';'4,‘V, 1 Virittr*' ttic� f -.„11, . ;,..:,,, . vii...,)1,4,r,,,r , 4 ;444.. ''.. ,1 tt ..4101416. 111 CALM*1111 WI e � w 4 ..."'"" 4 City of Virginia Beach Agenda Item 9 Page 6 Disclosure Statement Disclosure Statement r.ay...a rya.ri,aM„s 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_Disclosu re Applicant Name City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia Does the applicant have a representative? Yes ❑ No • II yes,list the name of the representative. City of Virginia Beach,Public Works Real Estate(Jennifer Dew) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I!Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) N/A • If yes,list the businesses that have a parent subsidiary:or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P. c City of Virginia Beach Agenda Item 9 Page 7 Disclosure Statement Disclosure Statement 113 rrgry rwb: • 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?111 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 operatec on the property? ❑Yes E No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes Il 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 III! No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from ar 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 and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?a Yes D No • If yes,identify the purchaser and purchaser's service providers. Jason Feuerhahn owns 200 Bob Lane and Fernando Mancuello-Blanco and Mindy L Mancuello owns 208 Bob Lane Revised 1I.09.2020 2 i P a g e City of Virginia Beach Agenda Item 9 Page 8 Disclosure Statement Disclosure Statement Co,411N-nma 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. City of Virginia Beach,Public Works Engineering,Surveys Bureau (In-house) 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 MI NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the app:ication 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 ILk t>.. ClkNN (A Jt Print Name and Title Patrick Duhaney,City Manager-City of Virginia Beach Data (izeI. oal 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 4/28/2021 Signature / � ----- Marchelle L. Coleman Revised 11.09.2020 3 I ''`i City of Virginia Beach Agenda Item 9 Page 9 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. City of Virginia Beach Agenda Item 9 Page 10 Item 9 City of Virginia Beach [Applicant & Property Owner] Rezoning (R-5D Residential Duplex to R-7.5 Residential) 206 Bob Lane April 14, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Thank you, Ms. Oliver. The next item on the agenda is Agenda Item Number 9, City of Virginia Beach for a Rezoning from R-5D Residential Duplex to R-7.5 Residential. Is there a representative for this item? Mr. Weiner: The representative? Madam Clerk: I apologize, Mr. Chairman, we do have a speaker Jennifer Dew. Ms. Dew, if you will wait two to three seconds and then start your comments. Ms. Dew: Good afternoon everyone. My name is Jennifer Dew, Right of Way Agent with the Public Works Real Estate Office and I am the representative for the City's application for the rezoning of 206 Bob Lane, Agenda Item Number 9. The City is requesting to rezone the property from R-5D Residential Duplex to R-7.5 Residential. This City owned property is currently vacant and is located in the Oceana Gardens West neighborhood. The property was acquired on February 3, 2014 as part of the City's acquisition program to prevent further development of incompatible uses in the APZ-1 accident potential zone surrounding NAS Oceana. At the time of the acquisition, the property was developed with a residential duplex that has since been demolished. City Council has approved sale of the lot to the adjacent property owners. Each half of this lot will be sold to each adjacent property owner located at 200 and 208 Bob Lane to be incorporated into their existing lots. The property will be re-subdivided to eliminate the interior lot lines and is being rezoned to prevent dual zoning on the newly created lots. Under current City Policy the City pays to perform the re-subdivision to vacate the interior lot lines. The property will be sold with the deed restriction that prevents any new dwelling from being constructed. The owners could build a fence, a pool, a shed or a garage on the property. They could also rebuild their home as long as they comply with the site plan requirements. Staff is recommending approval of this request. I will stand by for any questions. Mr. Wall: Is there any opposition for the item to be placed on the Consent Agenda? Hearing none, we'll move to the next agenda item. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. 1 So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? 2 Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? 3 Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. 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Ifl /otz c, ° e_,: .J 1 L- �\74 4:* 1v, �>`a�.N, •Plc,. •i•ll.� N %// Site Robin Gauthier W ,,Ol \ `0;.E Property_Polygons 1593 Lynnhaven Parkway s Zoning Building Feet Parking Lot Drive Aisle 0 65130 260 390 520 650 780 I 1 N si Z: c. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ROBIN GAUTHIER, CEO ON BEHALF OF SAMARITAN HOUSE, INC. [Applicant] CATHOLIC DIOCESE OF RICHMOND VIRGINIA, EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA [Property Owners] Conditional Use Permit (Group Home) for the property located at 1593 Lynnhaven Parkway (GPIN 1485484285). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: May 18, 2021 • Background: The applicant is requesting a Conditional Use Permit for a Group Home within the Green Run neighborhood. As Green Run is zoned PD-H1 , per Section 1110 (b) of the Zoning Ordinance, modifications to the PD-H1 land use plan are required to be considered similarly to a zoning change or Conditional Use Permit, and as such, the applicant is requesting a conditional use within the PD-H1 District. The site is currently developed with a church. A 1 .90-acre portion of the site will be conveyed to the Samaritan House, Inc. for the proposes of a Group Home for up to eight youths who have been victimized. Specifically, the request consists of a new 5,862 square foot, two-story dwelling with an exterior of fiber cement panel vertical siding, asphalt roof shingles, vinyl windows, and fiberglass doors. The Group Home will provide a safe and secure home for these children between the ages of 9 years old to 17 years old. The Group Home will operate 24 hours a day, seven days a week. Three to four staff members will rotate during normal business hours with one to two staff members on site at any given time, with one staff member staying overnight. • Considerations: The Group Home will provide a much needed and valuable service to the community. The proposed structure is compatible with the surrounding residential character and institutional uses, such as a private school to the north. In Staff's view, and the Planning Commission concurs, the Group Home will not change the character of the neighborhood and will not adversely affect the surrounding properties. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of support were received by Staff, one from the adjacent church and one from the Green Run Homeowners' Association. The owners of the Montessori School to the north of the site spoke in opposition at the Planning Commission Robin Gauthier, CEO on behalf of the Samaritan House, Inc. Page 2 of 3 public hearing. The concerns noted that the operation of the Group Home will result in a dangerous situation for their students and staff. This in turn would negatively impact enrollment. While not a condition of approval recommended by the Planning Commission, in an attempt to address the oppositions' concerns, the applicant committed to installing a six-foot tall solid privacy fence along the property line shared with the school which is shown on the conceptual layout and will be required to be installed. • Recommendation: On April 14, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. When the site is developed, it shall be in substantial conformance within the submitted site layout exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN — THE HALLOW SAMARITAN HOUSE", prepared by Draper Aden Associates, dated 12/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "THE HALLOWS DEVELOPED FOR THE SAMARITAN HOUSE", prepared by Cox Kliewer & Company, P.C., dated January 2021 , which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. 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 prior to the occupancy of the Group Home. 5. The applicant shall not exceed the occupancy load set by the Building Official's Office for this Group Home. 6. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Robin Gauthier, CEO on behalf of the Samaritan House, Inc. Page 3 of 3 Letters of Support (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department * City Manager: Aat Robi Gauthie , Ch , . Agenda Item AB Propertypplic n Ownersn Catholic r DioceseEOon ofbe Richmond alfof Samaritan Virginia House, Episcopal Inc Diocese of Southeastern Virginia Planning Commission Public Hearing April 14, 2021 7 Virginia Beach City Council Election District Centerville Request Conditional Use Permit (Group Home) Staff Recommendation Approval Staff Planner Marchelle Coleman i 0 1 1 ti 1 k i'L''' ' t Location \ 1593 Lynnhaven Parkway ` ala GPIN 4 , ..� 1485484285 ' 11 Site Size 1.9 acres - --. S tor*Lane IV*I% AICUZ ice'"" Less than 65 dB DNL eagle nven�a'` Rica Own ]--^0 Leo. Watershed Re�e,Lan Chesapeake Bay '-� ',- B.knerBoWevard ' _ Existing Land Use and Zoning District Church/ PD-H1 Planned Unit Development 1 H0 - r Surrounding Land Uses and Zoning Districts w, e North y c°U„ m School/PD-H1 Planned Unit Development , cr,,,eft Pain • . . South tag Lynnhaven Parkway - wil Single-family dwellings/ PD-H1 Planned Unit Development East Windmill Point Crescent � .� - ' Townhomes, gas station/ PD-H1 Planned Unit Development ,.. "r _ West i Fire station, cannal/PD-H1 Planned Unit s. _ ;ar , .; < , Development Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Group Home on the PD-H1 Planned Unit Development zoned parcel, located within the Green Run Land Use Plan. Per Section 1110 (b) of the Zoning Ordinance, modifications to the land use plan by City Council shall be in the manner of a zoning change or Conditional Use Permit. Based on this,the applicant is requesting a Conditional Use Permit for a Group Home, as it is a conditional use within the PD-H1 District. • The site is currently developed with a church. The church is not utilizing the entire site so the Samaritan House, Inc. executed a purchase agreement with the church to purchase a 1.90-acre portion of the site. The property will be subdivided to create two lots with the Group Home being constructed on one of the newly created lots. • The applicant is proposing to build a 5,862 square foot,two-story dwelling with fiber cement panel vertical siding, asphalt roof shingles,vinyl windows, and fiberglass doors, as depicted on pages seven and eight of this report. • The Group Home will provide a safe and secure home for up to eight youths who have been victimized. The ages of the youth will range from 9 years old to 17 years old. • The first floor of the home will include two offices, an interview room, file/copy room, one classroom, an indoor recreation room, kitchen, storage area, service hall, pantry, living room, and an ADA compatible bedroom and bathroom. • The second floor will consist of eight standard bedrooms,four bathrooms, laundry and linen room, and housekeeping storage. • The Group Home will operate 24 hours a day, 7 days a week.There will be three to four staff members rotating during normal business hours. According to the applicant,there will only be one to two staff members on site at any given time,with only one staff member staying overnight. Operating shifts will be from 8:00 a.m. to 12:00 p.m. and 12:00 a.m. to 8:00 a.m. 44\�dags cane Bowsprit Circle' -- r �''neY Coy Zoning History , / c:es ,tr�o,metar # Request K« „� ar T ''' , / I ' r 1 MOD(Green Run LUP-Automobile Service Station Fuel . I 1 Sales)Approved 10/10/2000 o MOD(Green Run LUP-Automobile Service Station) z" �/ y 1 - - -- Approved 04/13/1999 • w 2 MOD(Green Run LUP-Self-Storage Facility)Approved •yi l,. 02/25/2014 oer—. �. , :- ^"" SVR(4.4(b))Approved 02/25/2014 \ -- S 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 Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 2 Evaluation & Recommendation This request for a Conditional Use Permit for a Group Home, in Staff's Opinion, is acceptable.The applicant has requested to care for youth who have been victimized. The Group Home will provide a much needed and valuable service to the community.The scale and design of the proposed structure is compatible with surrounding residential and institutional uses.Staff believes that this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. While the City Zoning Ordinance does not specify a minimum number of parking spaces for a Group Home, in Staff's opinion,the four parking spaces proposed for this use will adequately accommodate the employees and visitors, as the residents will not have vehicles on site. According to Traffic Engineering Staff,there is no trip generation data available for a Group Home.Traffic Engineering anticipates that this eight-bedroom home will generate less traffic than a typical PD-H1 residential land use. According to Permits and Inspections Staff,this Group Home meets the criteria to be classified under the Residential Building Code. In order to utilize this portion of the Code,the facility must be limited to no more than eight residents and one overnight resident counselor. Condition 5 is recommended to ensure that the occupancy load will not exceed what is deemed appropriate by Permits and Inspections. Based on these considerations stated above,Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance within the submitted site layout exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN—THE HALLOW SAMARITAN HOUSE", prepared by Draper Aden Associates,dated 12/22/2020,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning &Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "THE HALLOWS DEVELOPED FOR THE SAMARITAN HOUSE", prepared by Cox Kliewer&Company, P.C.,dated January 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. 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 prior to the occupancy of the Group Home. 5. The applicant shall not exceed the occupancy load set by the Building Official's Office for this Group Home. 6. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning& Community Development. Said plat shall be subject to the review and approval of the Department of Planning& Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 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 Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 3 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. 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 Lynnhaven Parkway 33,700 ADT1 36,900 ADT 1(LOS 4"D") Existing Land Use Z—90 ADT Proposed Land Use 3—No Data Available lAverage Daily Trips 2as defined by a 1.9 acre site in 3 No information available in the 4 LOS=Level of Service the PD-Hi Zoning ITE Trip Generation Manual for group homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Parkway, in the vicinity of this application, is a four lane major urban arterial roadway.There are currently no planned improvements to this portion of Lynnhaven Parkway. Windmill Point Crescent is a two lane local street. There are no traffic counts available for Windmill Point Crescent. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services.The newly created parcel must connect to City water and sanitary sewer services with an exclusive connection. Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 4 Public Outreach Information Planning Commission • The applicant met with the Board of Directors of the Green Run Homeowners'Association on February 23, 2021 to discuss the details of the request and no objections were raised. A letter of support was provided to Staff by the Green Run Homeowners'Association as a result of the meeting.The applicant also met with the adjacent church who is also supportive of the request.The school to the north had concerns about the proximity of the building to their school and is concerned that it could affect their business. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28,2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14,2021. Robin Gauthier,CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 5 Proposed Site Layout a YM+�•: •. — K.2.A M5VN1 VYAOMA AVMWVd M]AMNA,MI ".......,,,�,,,•.,,,•„„,�,,, ,"'a 3SOOH NVlIdVWVS MO11VH 3H1 i 9 l'k i ! It!? 4 +n\ S3�9possy II3py i3da is W Ndld 1fnOAVI 3LS 1Vf11d3ON09 I A .R U I OP- $-A cl INN !t f�r ` 11111 14111 ti;i iiiil4 l!S ii 1!1 _ 1 Y 1 1 F .. .... ........... .... . .....'. 6 3 nib I iita I e Ili 1/ N.14 i a, il i c-1 j 14 1 Ise 1 I p;fi I k �•F • ti Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 6 Proposed Landscape Plan .. •0,..�..,. arm r 44, 6n(/Y^N'H19YIIIHN'lYM`MIa Ni4YNYi..I tt I , ,_ ,.. .,, 3SIIOH NV1IaVWVS MOIIVH 3H1 t 1 ! 1 t ��rQ. ,Se Mild 3dYJSONtlI 1tlf11d3Ol100' 1 i i a , 0.FL, S r k-li S LL I yy _X J iU t w W ' I. N F 11 Pi-. ii 45- , O _fie. i \EL ` ' :�U/ F 1 1 Il b r b - p 6 .. , 1 I f ,.....1, J `q Pig r g 1 ` pna I. tf . PL F F 1! t lk Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 7 Proposed Building Elevations _,....- - - - - - - - - 0 o .� .�..,.� M � tr.was*meow J0,IND BIVATCO 1K.1-.0- O am rl i1kIii MOW BIVATOf. 1/f.i'.0 THE HALLOWS DEVELOPED FOR TC SANAPrTAN NOUSE 1703LM HAVEN08'E VIfG fIA DEACFI VWGNIA 23151 PMD.ECT MJ.27DQiDt ,.�.•. . . xNLwlvaDxl _.....*--- ----- --- — — 0 Nam. ..N� �. o .�:N.Wtl...e. aL - o ET)(3 IC::1)E5 x p o m.� mLL 0.,_........... MOW BC 11110A10N IM-.1'-0 b b .......,7 p _..:y�.�: ,i 14 •O LI,1 j. S '' .lttl L 1 1 1�1 1 1 7.' ?1 t:i s i3 titi, 1 e e -0 o p o- U o kFFu'° D p p f ,s,,l,r„,& THE HALLOWS (..Mum.t'I DEVELOPED POP 111E$MNM(AN MOUSE 1523 LYNNHAVEN DRIVE VPI0.MV1 M..3.1 VNiGNU 23153 PROJECT NO 2210301 .. JANILARY 2021 Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 8 Proposed Building Elevations a t "X 4 _ /��'• '-...�R r ___r.: 1,Y�,//'. 1 ' C 11 AIL, g 4 s, k (in.kix,,,c THE HALLOWS ,N l 02U.IY_ CEVELOPEC FOR THE LAlAAiTAN HOUSE t •_ "' .: ,� :.:.. rc; ..: 15431Y1ANHAVEH DONE VRiGAAA BEAGN MAGMA 23453 i... PRO.ECTNO.2200301 .. . - . JAHUAR0 2021 . gill <? I y • _ ;t„y .- ..... ., 'fli ill 1 I # is...,.. -1....A, ---. :.• :--;.-.:: .., '4 '0 ' _ikitil . !ill . j44 a:., ' " i 4it 0 .........4.--- GA.Kleuvr c ` E HALLOWS "'If:,_I a.FOR ME 5A1MRffANNWEE DRAT• .. •.VWC14A 23453 , NO.?7AO3E1 ` . Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 9 Site Photos - - • ;Ike\", +Ai .•=. w••••• • - - %r• • -4 - " Eurur „ • - - . - poir grat z Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement Cry ofr' So. 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 cr 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 Robin Gauthier,CEO on behalf of Samaritan House,Inc. Does the applicant have a representative? ®Yes ❑ No • If yes,list:he name of the representative. Tom Snyder,Inman and Strick er,PLC Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes.list:he games of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Glen Huff-Presicent,Ellen Nacey-Vice President,Ali E.Gunbeyi-Treasurer,SJsan Fulcher-Secretary,Dana Poole-Past President, Davide Kenerson-Member,Sarah Golden-Member,Christina Hughes-Member,Jessica Bedenbaugh-Member,Nicole Lives-Member,Mary Elizabeth Davis-Member,Ken Shewbridge-Member,Tim Harrel-Member,Kaylie Donahue-Member,Bryce Baker-Member,Roo Broermann-Merrber. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A 1"Parent-subsidiary relationship"nears"a relationship that exists when one corporation cirectly or indirectly owns shares possessing more than 50 percent cf 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(ii)there Is snared management or control between the ousiness 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 cf Interests Act,Va. Code§2.2-3101. 11Page Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 11 Disclosure Statement Disclosure Statement Via 60.1*Olio ate, 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 suoject lane 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 tie 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-=cr'ent 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 operatec on the property?I Yes ❑No • If yes,identify the firm or individual providing the service. Andrew Basile,PBMares L.L.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 operatec or the property?,n Yes ❑ No • If yes,identify the firm or individual providing the service. Lawrence(Duff)Kliewer,Cox,Kliewer and Company P.C. 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. 2jPy_ve Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 12 Disclosure Statement Disclosure Statement 1;13 L'Gy of n4, Belch Planning&Community B• elosnart 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the construction contractor. John Barnes,Chesapeake Homes 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. Joe Bushey,Draper Aden Associates 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. Tom Snyder,Inman&Strickler P.L.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 Robin Gauthier,CEO,on behalf of Samaritan House,Inc. Print Name and Title 12/18/2020 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 0ete 4/29/2021 m 0fe "''"LN•"" Marchelle L. Coleman 3 ] = agc Robin Gauthier,CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 13 Disclosure Statement • • • Owner Disclosure . _= " Owner Name Bishop of the Catholic Diocese of Richmond Virginia(one-half tenant-In-common Applicant Name Robin Gauthier,CEO on behalf of Samaritan House,Inc. • • • 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 filet If necessary) Owner Is a judicatory of the Roman Catholic Church. The Bishop,the Most Reverend Barry C.Knestout,holds title to and a.utlr,rily fur Lire property tin tmlialf yf tha of . • the owner and Charles Mlkell Is the Director of Real Estate for the Owner. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity4 relationship with the Owner. (Attadsa list If necessary) N/A Known interest by Public 0ftictal or Employee Does ar official or employee of the City of Virginia Beach have en interest In the subject land or any proposed development contingent on the subject public adder?0 Yes • No • If yes,what Is the rume 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,(R)a controlling owner in one entity is also a controlling owner In the other entity,or lit)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 one 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. 5IPage • • • Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 14 Disclosure Statement • 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 IN 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 III No • If yes,Identify the real estate broker/realtor, 3. Does the Owner have services for accounting and/or preparation of tax returns provided it connection with the subject of the application or any business operating or to be operated on the property?❑Yes NI No • lives,identify the firm or individuai providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm or Individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?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 ®No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • If yes,Identify the engineer/surveyor/agent. 6IPage Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 15 Disclosure Statement • • • I B. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the p•operty?0 Yes I No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained`n this Disclosure Statement Form is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner signature , �/• i Print Name and Title —roc 01.t`T Ystore nd $ems(L•Kneshrdt.'1ashde elk464K breceY 4 ZCNIntiad ✓n 'Z /I/Z� Data 71Page Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 16 Disclosure Statement Disclosure Statement Cdy of Vi,yi,ti•Amdi Planning&Community Development Owner Disclosure Owner Name Catholic Diocese of Richmond Virginia,Episcopal Diocese of Southeastern Virginia Applicant Name Robin Gauthier,CEO on behalf of Samaritan House, Inc. Is the Owner 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) The Episcopal Diocese of Southern Virginia is an unincorporated association under the leadership of The Rt.Rev.Susan B.Haynes, Bishop • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Not applicable to the Episcopal Diocese of Southern Virginia Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 51Paae Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 17 Disclosure Statement Disclosure Statement Cup f Virginia smh 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 fo-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?❑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 provioed in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the engineer/surveyor/agent. 61Page Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 18 Disclosure Statement Disclosure Statement City fVtp,nia Bad, Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature The Rt.Rev.Susan B.Haynes,Bishop,Episcopal Diocese of Southern Virginia Print Name and Title January 29,2021 Date Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Robin Gauthier, CEO on behalf of Samaritan House, Inc. Agenda Item 7 Page 20 Item 7 Robin Gauthier, CEO on behalf of Samaritan House, Inc. [Applicant] Catholic Diocese of Richmond Virginia, Episcopal Diocese of Southeastern Virginia [Property Owners] Conditional Use Permit (Group Home) 1593 Lynnhaven Parkway April 14, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: Thank you. Next item is Item number 7. Madam Clerk: Agenda Item Number 7, Robin Gauthier, an application for a Conditional Use Permit for a Group Home on property located at 1593 Lynnhaven Parkway located in the Centerville District. I believe that we have the applicants' representative as a virtual speaker. I'm calling Joe Buschi. If you would wait two to three seconds and then begin your comments. Mr. Buschi: I was just available to address any questions that the Planning Commission may have. I wasn't signed up to speak on behalf of this application. Mr. Weiner: Hold on one second, sir. One second, please. That was the applicants' representative? Madam Clerk: Yeah. Let's call Tom Snyder, Thomas Snyder, who is also virtual, and Mr. Snyder, if you would wait two to three seconds. Mr. Weiner: Welcome, sir. We thought you were virtual. Mr. Snyder: I am. Mr. Weiner: Part of a hologram, right? Mr. Snyder: How are you? My name is Tom Snyder. I'm a local attorney in Virginia Beach. I'm also a member of the Board of Directors of Samaritan House, who is the applicant for a Conditional Use Permit for a Group Home on approximately two-acre parcel of land off of Lynnhaven Parkway. My client is going to develop a group home for people who are subject to human trafficking,to be servicing those people here in Virginia Beach. Samaritan House, as some of you may know, also provides other kinds of services for people who are subject to domestic violence and as a part of its mission,this mission creep, so to speak, occurred and the opportunity was provided to us to provide this additional service. Just so you know,this is a home for children who are subject to human trafficking and have unique problems. It's a much more intensive issue to deal with and that requires a specialized facility. This, there is, to our knowledge, there is only one group home which has been in the process of being developed in the Commonwealth of Virginia, and this will probably be the second and the 1 first to maybe become the first which will actually become operational. We have located the property, the building on the property in a manner that we think will allow for potential expansion of this facility as the need potentially grows.The property we are buying from the adjoining church, which is a unique church because it's owned by both the Catholic Church and the Episcopal Church, and both of them have enthusiastically supported the mission of what we are trying to accomplish and recognize the need for it in the Commonwealth. I do want you to see, if you look at the site plan which is on your e screen in front of me. You'll see that we have recently discovered the adjoining property owner, which is a Montessori School has raised some concerns. There are a couple of things you should notice about that. Number one,the property line for the property that we are purchasing actually is on the Montessori School property and has actually encroached on the property owned by the church, and that's about 3,500 square feet. But what we have done is, you'll see that there's actually a fence and landscaping line that we have proposed that would provide both security and a screening from the Montessori school. And so, we tried to address that issue proactively and put that into our application, I think just yesterday. So, I have Ms. Robin Gauthier here with me as well. She's the Executive Director of Samaritan House. She is extremely knowledgeable about this entire project. If there would be any questions that you would have concerning what we are going to be doing, she would be probably a better person than myself. I will tell you this, most of the people who are going to be occupying this facility; I think there's seven or eight bedrooms, it's about 5000 square feet, they are probably almost all going to be young girls between the ages of something like 14 and 17 years of age. There are on staff people 24/7 that will be there. Robin can give you really the nuts and bolts of what the program would entail, and what the efforts are or what would be under what we would be trying to do to help these people to be able to become functioning members of society, so to speak, and to overcome whatever, most of them will have had a very serious history in terms of to try to deal with. So, I know there's 3 minutes and I don't want to overspend my time. Mr. Snyder: Pardon me? Mr. Weiner: You get 10. Mr. Snyder: Oh, I get 10. Yeah. Oh, okay. Well, I'm sitting here thinking I only have 3 minutes. I'm waiting for some, for something to tell me. Mr.Weiner: But I will tell you.Well,there is somebody, I believe there's one speaker in opposition. Mr. Snyder: Yes. Mr. Weiner: So, let them talk. And then let's see what they have to say and then if you want to come back up to address anything that you have to say, we will let you come back up. Alright, thank you. 2 Mr. Snyder: Thank you. Mr. Inman: How about Robin first? Mr. Weiner: Do you want to, hold on one second. Do we want to? Mr. Inman: Could we hear from the Executive Director first, about the details of the program? Okay. Mr. Weiner: Sure, okay. Okay, sure. Welcome. Ms. Gauthier: Good afternoon. Thanks for having me. Mr. Weiner: Can you state your name for the record. Ms. Gauthier: Robin Gauthier, Executive Director of Samaritan House. The program will actually serve five to eight youth ages 9 to 17. And so, we don't know if we'll have eight beds filled all the time, but there's the potential to have eight youth to be served. And so, you know, the services are going to be educational services, trauma informed counseling, case management, mental health, substance abuse; anything that's needed for these girls. We've been rescuing victims of human trafficking since 2016. In the Hampton Roads Human Trafficking Task Force, we were a major part in bringing those funds to the Hampton Roads area. And so, what we did not realize in 2016, is we'd be finding so many youth, many of them in Virginia Beach, Norfolk, Chesapeake, Hampton, Newport News in our region. So unfortunately, because there's no facility for youth, oftentimes the law enforcement or Homeland Security or FBI will have to bring them to juvenile detention, so at least they will have a safe place to stay away from the trafficking and away from the streets. But we know what they really need is a residential home like this with medical facilities, where they can get all the services they need. There is a runaway youth shelter that's available, but it's a 90-day program, and there's really not the services that they need. And so, at Samaritan House, we've seen about 18 kids this year that we've been working with, as case managing them, but they are either at home in juvenile detention in another type of group home or they were in foster care. So, we really need a facility like this for our region and for our task force, because we're continuing to find children that need to be rescued in a lot of hotel, motels in this area where we're finding them. And being that we're a resort area we're finding a lot of youth that are trafficked. Mr. Weiner: Thank you, any questions? No? Okay, thank you, ma'am. Madam Clerk: Chairman Weiner, we have a speaker signed up. They're supposed to be virtual, however they have not signed on so I'm going to call them to see if they showed up in person. Rolando and Judith Timm. Mr. Weiner: Welcome ma'am. Please state your name for the record. 3 Ms. Timm: Judith Timm. The proposed facility, Samaritan House to be built next door to Courthouse Montessori School is a house that is going to house a group of young students 9 through 17 was what I was given on the telephone. These girls have been traumatically sexually abused by sex traffickers. Although I appreciate the work that Samaritan House is planning to do for these girls, I'm confident that that particular type of group home, being next door to a school is extremely detrimental to our business and the school situation. We have been in operation for 27 years at this location. We cater to the military, to medical personnel and to the general public. Our school is open daily from 6am to 6pm to accommodate these people. Our children range in age from 16 months old through 12 years old. They're at a very impressionable, vulnerable and inquisitive age; the dangers associated with this type of group home right next to Courthouse Montessori School would cause concern to our parents for their children and for us for our students. As a result, we would begin to lose families. Our school would end up not being available. I'm responsible for keeping these children safe, and I don't feel comfortable with this group home being built close to our school, and I'm certain the parents would share this concern. I have not mentioned it to them. We are strongly opposed to this group home being built beside our school, and thank you for giving me the opportunity to express my concerns. Mr. Weiner: Thank you. Ma'am, hold on second, do you have a question? Okay. Mr.Timm: My name is Rolando Timm. I came originally from Chile 58 years ago. One of my goals with my wife was to participate in the education of children. My wife has several degrees in Montessori, and it's a very unusual and very excellent system. We have generated literally thousands of children that have come through our school, that when they go into the real world do a positive job, in their personal morality and their personal standards. Now, I realize that there's a need for a place like the Samaritan House, but to place it right in the middle of a family-oriented place with a school right next to it poses all kinds of problems. I know there can be all kinds of assurance that there will be people involved; I'm sure that the people associated with this traumatized young people are not going to just say bye and let them go by. And the exposure that we are being put into is the same exposure, like somebody will tell you you're safe in your house but if you call 911, you may be put on hold for 15 minutes. So,this is the sort of thing that is unpredictable,and we feel very upset about having this because our children in a playground right next to this place, they hear all kinds of things that you and I and other people cannot prevent from happening. So, my personal position, as much as I like to support all kinds of charities and other many other good works for young people, I would not want to see that next to us. What is going to probably happen if it does, I'm going to be forced to sell the building and move to another location somewhere,which at this point. I don't know where that would be. And we will be probably severely penalized in the selling of the property because of the existence of this house right next door. Thank you very much. I appreciate your concern. Mr. Weiner: And hold on one second, Sir. Ms. Oliver has a question for you. 4 Ms. Oliver: Sir, as I appreciate your perspective on this, I'm just curious as to what impact that you are anticipating from these young girls on to the school. What do you perceive happening? Mr. Timm: Well, unfortunately it's not the young girls I'm concerned about; it's the girls that these girls were associated with. We have in this country a horrific problem in that regard; it will not have a handle of it. The trafficking and young woman's or whatnot is well known and yet, we haven't controlled it. We don't have control over it. And so, the people associated with these girls in the past probably never want to just sit back and let it go by, they're going to search for it, and we have very little ways to defend ourselves for it. Ms. Oliver: So, if I understand you correctly, then what you are concerned about is that the sex traffickers coming to find the girls to get them back, and then possibly, there's your school. Mr. Timm: We're dealing in an unknown. Nobody can give me any assurance, oh, that will never happen. No, if you watch TV frequently enough, you'll see that horrific things like that can happen and the police and the law enforcement agencies have very little power because you have to wait for something to happen before they can do anything about it. And then the rest of the story, you know what will take place. Ms. Oliver: Thank you. Mr. Weiner: Thank you, sir. Any other questions? Thank you. Thank you. Mr. Timm: Thank you very much. I want you to know that my wife and I in 27 years have put a tremendous amount of effort into having the very best type of school for our young children. Thank you. Mr. Weiner: Thank you very much, sir. We do appreciate it. Thank you. Madam Clerk: There are no more speakers. Mr. Weiner: Okay. Do you want to come back up and address anything, please? Ms. Gauthier: So, I do understand the fear of the unknown, and I talked to Mrs. Timm for quite some time. I didn't know they were in opposition until yesterday; it was the first time I heard from them. I thought they were calling because they wanted to support it actually. I do understand the fear of the unknown, but to put it in perspective, these girls are so replaceable so quickly that traffickers don't go after them. It's not personal; they are a commodity to them. They sell them and they go get ten more. It's not like in domestic violence where they want that specific person or that specific child because it's theirs, and they want ownership. In human trafficking, women and children are a commodity; they're sold. When you go into a massage parlor and you arrest a bunch of women in a massage parlor, there's ten more coming in on an airplane. 5 So, traffickers don't want these specific children. It's not personal to them; they're a piece of property. So, I think it's little irrational to think these traffickers are going to be coming to the house after these girls and disturbing the children at the school, or that these children that we have,they are children,they're minors, are going to be disturbing the children. I was hoping Marchelle would put up the picture. We added a privacy fence from the school looking over to the property. You can't even see the facility. You can't even see the children, and our fence is going to be much higher than theirs and it would divide the whole property line because who knows what else could be built in that property in the future, but there would be a privacy fence the whole way down. So, you couldn't even see one facility to the next. Those children couldn't even see our children. Our children couldn't see their children. The facility will have security. There will be beeps on the doors. People can't come in without being beeped in. There will be a foyer where people have to be beeped in. So, I understand the concern, though I want to make sure it's more realistic. There's not going to be men out there or traffickers out there going after these girls. With all 18 children that we have served this year, no one has ever been taken back or pulled back and they weren't even in a secured facility. They were either in foster care or in their home or places like that. I do understand the fear of what someone thinks because it's a very scary thing. But law enforcement, I just have to say law enforcement, Homeland Security, FBI, they do a great job. And they are at our beck and call, in minutes. They bring someone to Samaritan House who's an adult and if we need them, we do safety planning, and they're in the community and in homes. And they are at our beck and call because we're helping them with a victim that they rescued, and they want that victim to help prosecute in a case against a trafficker. So, they're very close by. So, I just don't see the fear as deeply as they do. And I understand it's their school and their property and their children, they're trying to protect them. I told them; we would do everything we could to work with them. So, we added that privacy fence. Could we move the property over to the left a little further towards the church, because the church doesn't mind at all? They wanted to do this project; they want to give back to the community. So, could we move it over to the other side?Absolutely, we want to be good neighbors, we know we're going to be neighbors for a long time. So, whatever we can do to help accommodate with trees and shrubbery and fences and moving of the building, it's going to be costly, but it's not so costly that we can't afford to do that in the project. So, could we put the building closer to the other side?Absolutely, if that would help assuage their fear, we're willing to do that. Mr. Weiner: Okay, thank you, ma'am. Any questions? Yep. George? Mr. Alcaraz: Okay. Ms. Gauthier, how many other safe havens or group homes do you have currently now? Ms. Gauthier: We have no group homes for children. That's why it's a gap. We have 14 homes for adults. So, if it's a child, I think an 18-year-old is still a child. 18 and over, they can come into any of our 14 safe shelters that we have in communities. But if they find a minor under the age of 18, you have to be in a licensed facility, and this will have oversight by Department of Behavioral 6 Health. It'll have a licensing involved and staff will be 24/7,there will never be anyone there without a staff member. So, they have to be there 24/7. Mr. Alcaraz: And you've never had any problems before with any of those safe havens? Ms. Gauthier: No. Mr. Alcaraz: Okay, thank you. Mr. Weiner: Mr. Coston? Mr. Coston: Will the children that you'll be aiding go to school, or will they be there all day? Ms. Gauthier: Some will go to public school, and some will be homeschooled. It really depends on the situation and how deeply they're affected and what their needs are. So, some children who have not been in this situation for a long time and don't have the deeper level of trauma might just go to school and be fine. Others may need to be homeschooled, and so we'll have a classroom there and we have teachers and people to help with homework and things like that. So, we are going either direction, and that has to be approved by your license. Mr. Weiner: Mr. Whitney? Mr. Graham?Turn your mic on, thank you. Mr. Graham: Sorry about that. So, I was a little confused, because at one point I thought staff said that the building couldn't be shifted to the south because maybe it was sewer/ Ms. Gauthier: It is going to be more costly to shift it, because they're going to have to tie into sewer and water further away from the building. But like I told Mrs. Timm yesterday, if that would make her feel more secure to have the building further over. I mean, I have our engineer on call right now, he can answer those questions. It can be shifted; it's just going to be costly. Mr. Graham: Was that because there's not enough fall with the sewer? Or is it because there's more .. Ms. Gauthier: It's further away. Mr. Graham: Because it's further away, so it's just the distancing. So, it's just additional pipe. Okay, so that's not as costly as if there wasn't enough depth or fall. Ms. Gauthier: Correct. Yeah, and the way the building is positioned too I think, well, I'm not sure. I would have to let the engineer speak. He did it in a way --they positioned the site plan in a way to make it easy for building. Mr. Graham: Okay, but you could move it to the south a little bit. 7 Ms. Gauthier: Absolutely, and I told Mrs. Timm that we would work with her. If that would make them feel better and feel safer, we would do that. Mr. Graham: Is there any security? I understand from what you're saying that it's not personal. These people that do the sex trafficking or trafficking of humans, they just go get new ones. I guess there's an endless supply. Ms. Gauthier: Unfortunately. Yeah, unfortunately that's true. Mr. Graham: So, but do you have any security, will you have to have any kind of security there? Ms. Gauthier: We don't feel like a security guard is necessary because the security guards aren't armed. They really can't do much anyway. I mean, calling 911 is probably the best way to deal with it. I guess it's a possibility someone could come to the house, but we don't anticipate that being an issue. And we have so many staff going in and out and case managers and counselors and people that are there and like Homeland Security, they come several days a week to our office because they're interviewing clients,and they're there all the time.And they're very involved with the case generally; either the perpetrator is in jail, or the perpetrator is on their radar, and they're doing an investigation. So, when it comes to a minor being victimized, usually the perpetrators in jail by the time they get rescued and they come to us. So that's another reason why see less of a fear, you know. Mr. Graham: If somebody is coming back, yeah. Ms. Gauthier: Yeah, typically they're in jail. And if you've seen all the prosecutions we've gotten in the last couple of years,since the task force has started,we've gotten many prosecutions where people have gotten 15, 20, even 40 years prison time for the trafficking. Mr. Graham: Gotcha. So where will the kids, the girls, where will they hang out outside? Is there going to be an area where they can hang out? Robin Gauthier: Yeah, with our licensing guidelines, we have to have a recreation room inside, so we have a recreation room inside. And then in the back we have a porch, that's going to be like a screened in sunroom type area. I suppose they'll go outside in the backyard sometimes, but that's not typically going to be part of their day-to-day routine. We will take them on field trips; they're not going to be locked up. They're not the criminals here, they're the victims. So, they're not going to be locked up. We're not going to chase kids down and wrangle them. It's a voluntary program, if they want to be there, they're welcome to stay there. We want to provide services. If they don't want to be there, they can leave. Mr. Graham: So, if they want to leave, they can leave? Ms. Gauthier: They can leave. We're not chasing kids down. And if they're in a situation where there's juvenile justice, then they're going to be in juvenile detention. So, if there's any criminal 8 activity or things regarding them being a runaway or things like that, that's usually how they end up in juvenile detention. So, these are the kids that really need to be rescued. They need a place to go temporarily until Child Protective Services figures out what they're going to do with them or if they're going to return to family or how the situation is going to resolve itself. Really depends on each case. Each case is so very different. Mr. Graham: Yeah. Okay, alright. Thank you very much. Ms. Gauthier: Thank you for your question. Mr. Wall: I've got just a couple. So, you mentioned plane, Is English a second language for some of them? Ms. Gauthier: Most of the sex trafficking that's happening in this area is domestic, only 5% of our cases have been foreign nationals. Mr. Wall: Okay. I'm looking at the site. It's kind of an interesting site because there's a trail, the planned fence is only going to be on one side. Is that correct? Ms. Gauthier: Well, we added that to totally block us from the school, we added that high privacy fence.That's what I was hoping Marchelle would show the picture of what it looks like for a person. They'll only see the very tip of the school;they won't see anything on the property and the children can't see the children. It's a six-foot-high privacy fence along the whole property from the very end. Mr. Wall: Because it looks like there's a paved trail behind the property that parallels the creek in the back. I'm not sure what the traffic is. Ms. Gauthier: Yeah, I don't know. Mr. Wall: Traffic is not the right word, but the pedestrian access back there that goes to the community pool. It connects to the community pool. So, there's certainly public access on the backside. I'm not sure what? Ms. Gauthier: I thought that it was a creek back there. Mr. Wall: There's a creek but you're just looking at the aerial and even on the survey, it shows a paved trail on the backside. Ms. Gauthier: Well, we have no problems putting up a fence there either. If that will make people feel better, we're happy to put up a fence. Mr. Wall: Right, and that's not my point. My point is that the no matter what, there's going to be public access. There's public access right now and there's going to be pedestrians. I'm just 9 pointing that out and I'm sure that the school already is aware of the access back there. There is probably heavier than any kind of activity that's going to be around the school. What about the entrance? Have you talked to the engineer about the location of your driveway?You know, maybe the building might be centered in the property but possibly the entrance on the other side towards the church as opposed to towards the school. Is that a possibility that you've considered? Ms. Gauthier: Yeah, Can they open his mic so that he can answer that? He's on? Joe Buschi? Madam Clerk: Mr. Buschi, if you would wait two to three seconds and then begin your comments. Mr. Buschi: Okay, yes, that is a possibility. We can put the parking lot on the other side of the building. We don't see any problem with that. Typically, when you're locating a parking lot, you want to put it on the side of the building where you're not approaching the building. But there's no problem with doing it on the other side as well. Mr. Wall: Okay, thank you. Mr. Weiner: Any other questions? Mr. Graham? Mr. Graham: Mr. Buschi, can the building shift 25 feet to the south? Let's say you kept the parking on the same side of the building, could you shift the building to the south 25 feet and shift the driveway to the south 25 feet creating a larger buffer between the Montessori School and this project, this building? Mr. Buschi: Yes, we can do that. There's no issue with doing that, like Robin had pointed out, it's just going to be some additional sanitary sewer because where we have to tie in the existing sanitary sewer manhole is near where the property line is being proposed on the north end of the property. But it shouldn't be a problem being able to run the sanitary the additional length to get to that point. Mr. Graham: There's enough room. The depth is okay? The depth? Is he gone? Mr. Buschi: We still have to confirm the depth and we'll do that when we get into the actual design. So, we'll have to confirm that it is deep enough. That hasn't been done yet. Mr. Graham: Alright, thank you. Mr. Snyder: Mr. Graham? Only point that I would like to make? Mr. Weiner: Come up to the microphone, please sir. Mr. Snyder: Excuse me. Yeah, the only point that I would like to say is that when you do shift the building, and if you just move it over 25 feet. I mean, there is one point almost, well, it's actually a little bit less than two acres now, because the Montessori School has actually encroached on 10 the property that we're buying by 3,500 square feet. And so, as a result of that, We are looking for this to potentially be other uses there. And so, this was not I mean, we are starting off with a 5000 square foot facility and it could be a larger facility at some point in time in the future. So, we do want to preserve as much flexibility as possible for potential further utilization of the property. That's all. Mr. Graham: No problem. Thank you, sir. I was just thinking of trying to get the Montessori School comfortable as well. Ms. Gauthier: Yeah, I mean, we could put administrative offices back there, you know, in the future there may not be more client services, the future maybe administrative offices back there. So, we even have more oversight. So, we could potentially have three buildings there. But if we center that and put it in a location that we can't build other buildings, that would restrict us from being able to use the full 1.9 acres. So Mr. Weiner: Thank you ma'am. Thank you. Alright, any more speakers? Madam Clerk: No more speakers. Mr. Weiner: Ma'am, I'm sorry. We have a procedure, and we all had our time to talk. Okay. Mrs. Klein?Well, hold on a second, Mr. Inman over here wants to start off here if you don't mind. Okay. We're going to close this out and open up to us for discussion. Mr. Inman? Mr. Inman: Thank you, Mr.Weiner. I just want to say I come to this with an interesting perspective, having served 30 years on the Board of Seton Youth Shelters, which is the facility I think Robin was referring to probably, that has some experience with sex trafficking situations. Seton Youth Shelters for those of you don't know, is a home for runaway and throw away children. So, I'm familiar with the fact that we have in that facility have housed girls that have been subject to sex trafficking. Not only that, we have two shelters: one's a boy's shelter, one's a girl shelter. So, the history of this is really, I think, very telling in terms of how this goes. When Seton Youth Shelters was started,we had just girls and we were on a site of a church,the St. Nicholas Catholic Church in Kings Grant. And frankly, that went very well. We didn't have any trouble with the neighbors or neighborhood or children going to Sunday school being interfered with by our residents. Again, we are a licensed facility. We all have staff there 24/7. And then came a time when we wanted to allowed the first shelter established for girls. The second shelter was established in the late 90s for boys, and we were blessed by having a site at the St. Aidans Episcopal Church that had offered us a site similar to this situation. It was a parcel on their church site, which they really weren't using, didn't have any plans for and they allowed us to build a shelter there, on the corner of Kings Grant road and Edinburgh Drive. It's there now. Due to objections from neighbors, I was persuaded at that time by a city council person to please move the girls to that new shelter, because that might alleviate the concerns of the neighbors about having such a shelter close to them. We did that. And the interesting thing was a lot of the 11 people that were objecting, when they were told that there was a boy's shelter a half a mile up the road, they had no idea; never heard anything bad about that. So, we now have been there since 1998. And truly of course, in recent years, the sex trafficking problem has grown and we didn't have that much sex trafficking victims in our facility until maybe four or five years ago. But we have and we've not experienced anything where we had people,certainly in the building,trying to make contact with these young people that were being housed for us. Now we're only 90-day facility, so we need this. We need this. It's a great opportunity that Samaritan House is offering to do this. I don't think it poses any risk that the fears that people have, we actually had people come to a hearing on the girl's shelter asking if we were going to put bars on the windows to keep them in. We said no, they want to be there. They came here, they want help. If they want to leave, they can leave but they really need help. They want help and they're not going to need having any bars on the windows. So, that's what we have going here, you know, we have victims that want help and are thankful for it, I'm sure. And moving this building over 25-50 feet, I don't think that's going to do a thing to alleviate the concern that these folks have, they've expressed an extraordinary concern about their property. I'm hoping that I'm telling the story is helping them to understand that the risk that they fear is not, in my experience, real. The impact on their property values and so forth. But I would hate to see you having to sacrifice any money to moving the house for purposes of a buffer even, a greater buffer, bearing in mind that the offer that has been made and will be committed to I'm sure by Samaritan House to put up a fence, the shrubbery and so forth to create as much of a barrier and visual barrier and physical barrier, as could be desired. So, I don't see anything wrong with the application. Mr. Weiner: Thank you. Mrs. Klein? Ms. Klein: I have to read something first. Pursuant to the State and Local Government Conflicts of Interest Act I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion on Vote Number 7; Robin Gauthier and the Catholic Diocese of Virginia, 1593 Lynnhaven Parkway, Virginia Beach, Virginia. This property is located in the Green Run Homes community. I also reside in the Green Run Homes community and am on the Homeowner's Association Board for the community located at 1248 Green Garden Circle, Virginia Beach, Virginia. I've been informed by the City Attorney's Office that I have no personal or financial conflict and can vote on this application. Therefore, I will participate in the vote or discussion of this matter at today's meeting. So that being said, the bulk of my career has been spent in family violence and child abuse. I can tell you that those are the hardest facilities to get into from a security standpoint with their locked doors when they don't have a security officer. I can't even pick up my son from childcare without a photo ID and they know me. So, I believe the Samaritan House team when they say that this is going to be a secure facility and that only known people will be able to be led in.Through my work 12 with the Child Advocacy Center at CHKD and in family violence, I can't stress the importance of having this in the community. I have worked at community-based facilities such as this, and so I absolutely appreciate the concerns of Courthouse Montessori. In my experience, they are typically unfounded. And like Mike said, most people don't even know that they exist if they're in a row -- in like a set of row homes. I'm grateful to the Samaritan House for taking the responsibility. Robin came to a board meeting and answered any questions that came up among the Green Run Board because we will be working in tandem with them. And they have the board's full support moving forward, and so I will absolutely be voting in favor of this application. Mr. Weiner: Alright. Mr. Coston? Mr. Coston: During my service in the fire department, I had the pleasure of inspecting the two places that Mr. Inman spoke of as well as the Judeo-Christian Outreach over on 13th or 14th Street, another place on Lynnhaven Parkway, all over the City and I've never seen any of those types of problems that we are fearing here today. They're all well run by professional staff. Even when the kids were wayward, the staff was adequate for the situations that they had to deal with. So, I'll be supporting that as well. Mr. Weiner: Good. Jack? Mr. Wall: I feel this is very low intensity use. There's low risk due to impacts, the neighbors fully are further mitigated by landscaping and fence, so I'm going to be in support of this application also. Mr. Weiner: Alright. Anyone else? No motion? Ms. Klein? Ms. Klein: I move to approve the application for Robin Gauthier and the Catholic Diocese of Richmond. Mr. Weiner: We have a motion by Mrs. Klein, do we have a second? Seconded by Mr. Inman, we are ready to vote. Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? 13 Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: By a recorded vote of nine in favor, zero against, Agenda Item Number 7 has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. When the site is developed, it shall be in substantial conformance within the submitted site layout exhibit entitled, "CONCEPTUAL SITE LAYOUT PLAN —THE HALLOW SAMARITAN 14 HOUSE", prepared by Draper Aden Associates, dated 12/22/2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "THE HALLOWS DEVELOPED FOR THE SAMARITAN HOUSE", prepared by Cox Kliewer& Company, P.C., dated January 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to the final site plan approval. 4. 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 prior to the occupancy of the Group Home. 5. The applicant shall not exceed the occupancy load set by the Building Official's Office for this Group Home. 6. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach Department of Planning & Community Development. Said plat shall be subject to the review and approval of the Department of Planning & Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. 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. 15 'IN)) ,/ C:17 HOMES ASSOCIATION April 6, 2021 Robin Gauthier 2620 Southern Blvd Virginia Beach, VA 23452 Dear Ms. Gauthier, At the February 23, 2021 meeting of the Green Run Board of Directors the Board voted to approve your request for the new Samaritan House project the Hallows. Please note, the property is subject to recorded restrictive covenants to which affects all property owners in Green Run which should be reviewed by you prior to you acquisition of the property. We appreciate your informative presentation and we are excited about this project and look forward to it it's completion. If you have any questions, please contact Heidi Daniels, Association Manager for Green Run at 757-427-2600 or via email at hdanielscgreenrun.orq. Sincerely, Dean Densmore, President For the Board of Directors March 24, 2021 To the Virginia Beach Planning Commission, This letter is intended to be a Letter of Support for the sale of a portion of the Church of the Holy Apostles' property for the intended use of building a residential home to support victims of human trafficking in the Hampton Roads area. When the church's Executive Committee received its first briefing on the project in September 2019,the committee was fully onboard. This briefing was followed with presentations to our Vestry Council in October 2019 and to our entire community in early November 2019. In each case, the proposal received unanimous approval. Because the Holy Apostles' property is actually jointly owned by the Catholic Diocese of Richmond and the Episcopal Diocese of Southern Virginia, Holy Apostles' support was forwarded to each diocese and has received their approval. The mission of this program is in keeping with the Christian message each denomination attempts to live by—support of the victims of oppression. Our Holy Apostles' community remains committed to doing what it can to have this important project become a reality. It is our hope the Planning Commission will see fit to approve this essential effort for our greater Hampton Roads community. Sincerely, Rev. Mr. Gary Harmeyer Senior Pastoral Associate -c-,,, 1 1 IA li ' 04 jiii o O O ,, (z1 I A___ 4 . ,( N ? cf 2)) , a� O Ili o i n. m09 fri. r cipI1— TYE1QD = i \ 1 ��y /1/m 4 v o // u IWO/ / <c>/i Er 0(471141! ("":` P9 -- - -I c2 / - nrir---:-17 At ce - ----.. __ ' 'Iti '-...%.--eli-, -i7 °I'l/ 0 --161 ,,, n ett ^ - °_%7 eicTi Lr 'L - . i L c•IN 11J1 iri „ , -- c , -L' cg' = � ia) _I-N > I N _1as ", ,e - /44* G) 'PI --1_ i \L---1 ii N - % -, $ in/ Nil i — y / Q■ iii m \\ �ii 3 1.".. l 1 \`\ /. !' f ca • Ii C i,Q iii N I *o • All ' . , I . — owl , In _____________ ,c), >7 .=> a [ cc), 1‘ ° �1 ' 1111- (]9 - 111 g 0_0 t ii c°)-7--- -- ' `tea to: .,a:r p- i _ c Y Q / O7 4 CA ,si_u d ñ 0� r ____, / i,..--. \ # qii/ r -° 1 aria/ // _c_.1,,,\ \g ,,t) "vie /Aiii---------- ift. 0 04 ei H�N 'sCit i •fir CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: CERZA ENTERPRISES, LLC [Applicants & Property Owners] Conditional Use Permit (Motor Vehicle Sales & Rentals) for the property located at 6056 Indian River Road (GPIN 1456531283). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: May 18, 2021 • Background: The applicant seeks a Conditional Use Permit for Motor Vehicle Sales & Rentals to operate a used car lot on a 33,150 square foot parcel zoned B-2 Community Business District. The proposal will occupy an existing 2,577 square foot building that was formally occupied by a bank. There will no modification to the building's exterior. The submitted Site Layout Plan depicts eight parking spaces for employees and customers, exceeding the parking required by five spaces. The Site Layout Plan also depicts designated vehicle display areas along the perimeter of the site with additional trees and shrubs to be installed along street frontage and interior property line. ■ Considerations: The proposal to operate a used car lot at this location is consistent with the Comprehensive Plan's Suburban Area policy to create and maintain neighborhood stability and sustainability. The use is compatible with the surrounding area and there are a number of automobile related service uses along this section of Indian River Road. The proposed plantings appear to meet the landscaping requirements for street frontage and display area. The applicant proposes to retain the existing vehicular access point closest to the intersection of Indian River Road and Depositor Lane; however, both Staff and the Planning Commission recommend closure and removal of any improvements associated with the ingress/egress. It is Staff's position, and the Planning Commission concurs, that this access point should be closed as it poses a traffic safety issues due to the distance to the intersection. This recommendation is indicated in Condition 3 below. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received one letter of opposition and there was one speaker in opposition at the Planning Commission public hearing. Both the letter and the speaker noted concerns related to traffic, incompatible use, and decrease of property value. Cerza Enterprises, LLC Page 2 of 3 • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1 . When the property is redeveloped, it shall be in substantial conformance with the submitted Site Layout Plan entitled, "6056 Indian River Road", dated March 31, 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 and Community Development. 2. When the property is redeveloped, landscape plantings shall be installed to be in substantial conformance with the submitted Site Layout Plan entitled, "6056 Indian River Road", dated March 31, 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 and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. The access point closest to Indian River Road on Depositor Lane shall be closed. 4. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 5. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 6. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 8. There shall be no auto repair or service on the site. 9. There shall be no outside audio speakers for any purpose. 10.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized Cerza Enterprises, LLC Page 3 of 3 manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 11.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 12.AII 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 properties. 13.No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager:ptp 0 Applicant & Property Owner Cerza Enterprises, LLC Agenda Item Planning Commission Public Hearing April 14, 2021 R- City Council Election District Centerville 3. 3 „. Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales & Rentals) / A _ 3 F- Shelb ant, ¢ z Staff Recommendation y`a o v c / E S o Approval ``f`J I ; 3 ,. E Staff Planner B. Hoa N. Dao v °� �Fa°aa .--..... 4 ler Location f 6056 Indian River Road char,we11 m . a _ GPIN e" °v � � n' 1456531283 14*; r m f Site Size 5 1 `' � ; A p m�_.�Qd 33,150 square feet $ _ ! 3 £m ? � ( ��I ° °ea ° o AICUZ s" 5.L L Less than 65 dB DNL I r Y / 7------- Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant building/ B-2 Community Business Surrounding Land Uses and Zoning Districts North it t i II Religious use, office building / B-2 Community - 11 Business South itik Indian River Road - it i from Religious use/ R-5D Residential - East Depositor Lane ,' Gas station/B-2 Community Business . , West Office building/ B-2 Community Business `5 Cerza Enterprises, LLC Agenda Item 13 Page 1 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit for Motor Vehicle Sales& Rentals on a 33,150 square foot parcel zoned B-2 Community Business District. • The site was the former location of the BB&T Bank.The existing 2,577 square feet building will be used as office space. No alteration to the building exterior is proposed. • Three parking spaces are required.The proposal exceeds the parking requirement. • The hours of operation will be from 10:00 a.m.to 6:00 p.m. Monday through Saturday with up to three employees on site. 4, ! i ;d _ e l__ _____._.._— Zoning History e: io "" # Request P'°°`0ig4rr°„d 1 CUP(Mini-Warehouse)Approved 12/13/2016 i I 2 CUP(Child Care Education Center)Approved " . LI G _ F/�_- 08/16/2016 r, j L�d i t �111 3 CUP(Automobile Service Station)Approved 05/28/2013 �� I 4 CUP(Religious Use)Approved 04/11/2006 _ el {, CUP(Religious Use)Approved 10/7/1998 NI CUP(Small Engine Repair)Approved 04 14 1998 P 1 [_= 5 CUP(Automobile Service Station)Approved 09/28/2004 C° 'l -� " ! `,_ 6 CUP(Religious Use)Approved 09 23 2003 sag y CUP(Religious Use)Approved 08/25/1992 _� II a� ` .i' 7 MOD Approved 04/08/2003 $ , CRZ(R-5D to Conditional B-1)Approved 07/02/2002 --1 ~ 2 � !�q�Pi(-�` 8 CUP(Religious Use)Approved 10/10/2000 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 applicant's proposal to utilize the former BB&T Bank building to operate a used car lot is consistent with the Comprehensive Plan Suburban policy to create and maintain neighborhood stability and sustainability.The use is compatible with the surrounding area and there are a number of automobile related service uses along this stretch of Indian River Road. The submitted Site Layout Plan shows designated vehicle display areas along the perimeter of the site with parking for customers and employees located behind the building. Section 5A.4 of the Site Plan Ordinance requires the perimeter of the designated display area to be landscaped with at least 12 percent of the total display area.As shown on the submitted plan,the additional trees and shrubs to be installed along street frontage and interior property line will meet the landscaping requirements for street frontage and display area. Traffic Engineering reviewed the request and commented that the access point closest to Indian River Road on Depositor Lane needs to be closed since it's too close to the intersection, creating an unsafe condition. Condition 3 is recommended for the closure of this access point. Cerza Enterprises, LLC Agenda Item 13 Page 2 Based on these considerations,Staff recommends approval of this request subject to the conditions noted below. Recommended Conditions 1. When the property is redeveloped, it shall be in substantial conformance with the submitted Site Layout Plan entitled, "6056 Indian River Road",dated March 31,2021,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 and Community Development. 2. When the property is redeveloped, landscape plantings shall be installed to be in substantial conformance with the submitted Site Layout Plan entitled, "6056 Indian River Road",dated March 31,2021,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 and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. The access point closest to Indian River Road on Depositor Lane shall be closed. 4. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 5. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands,or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 6. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 8. There shall be no auto repair or service on the site. 9. There shall be no outside audio speakers for any purpose. 10. There shall be no signs which contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs,or electronic display signs on the site. 11. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. No window signage shall be permitted. 12. 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 properties. 13. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 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 Cerza Enterprises, LLC Agenda Item 13 Page 3 and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value,and aesthetic quality of stable neighborhoods.Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality,create and protect open spaces, and connect suburban mobility.To preserve neighborhood quality the Plan promotes compatible land use,safe streets, careful mix of land uses, neighborhood commercial use,compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 43,500 ADT' 55,500 ADT 1(LOS 4"D") Existing Land Use 2—260 ADT Proposed Land Use 3—70 ADT Depositor Lane No data available 1Average Daily Trips 2 as defined by a 2,570 square 3as defined by a 2,570 square foot 4 LOS=Level of Service foot bank with drive-thru used car sales Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road in the vicinity of this application is a six-lane major urban arterial street. The Master Transportation Plan shows this section of Indian River Road as an eight lane roadway in a 155-foot right-of-way.There are no CIP slated for this portion of the roadway. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. Cerza Enterprises, LLC Agenda Item 13 Page 4 Public Outreach Information Planning Commission • One letter of opposition has been received by Staff noting concerns related to traffic and decrease of property value. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14, 2021. Cerza Enterprises, LLC Agenda Item 13 Page 5 Proposed Site Layout Plan 1 .w: re, •iu K Sd it ItiZP F 01. dev-s-•er»r i OW as-u x*aar mix- A — - _.. - - _ -4 Ili ap,taVFwsx<ct rcr f aOXsar WORM ,� : f ' I ri ar.K Yd IX AC p _ ` o. CM -�,*,-� ti , o E It /'" 0 - „ d . r :„.: ' I ,ra ,...4. 1 p.MAO-a+a+c Ih t.«.» 1I. 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IV -- - t --- --:- ..`A V ....• '4,'; ,,40,;.!' fo* •' r, ..,..... ..... -_.,- _.,..: .- - -.- - - • -...._: Cerza Enterprises, LLC Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement V13 cuu el r a." 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 Cerza Enterprises,LIC Does the applicant have a representative? U Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.;Sykes,Bourdon,Ahern&Levy,P.0 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes ❑No • I'yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Carmen Anthony"Tony"Cerza • 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 Cerza Enterprises, LLC Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement Cv�el{'rryinn Sort Planning&Community Development .1\ 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 • II yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,identify the company and individual providing the service John Profilet;S.L.Nusbaum Commercial Realty;The Contract Purchaser is represented by Ed Denton with Denton Realty Company 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 and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service S. Is there any other pending or proposed purchaser of the subject property?NI Yes ❑No • If yes,identify the purchaser and purchaser's service providers. Subsequent to the April Planning Commission public hearing,Gabriel Automotive Enterprises,Inc.d/b/a Lynnhaven Motors contracted to purchase the property.subject to approval of the Conditional Use Permit.Mr.John Gabriel has been in business in Virginia Beach for 33 years 21 Cerza Enterprises, LLC Agenda Item 13 Page 10 Disclosure Statement :VA OPALfg' ,i • 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 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. John Sandow,Mid Atlantic Surveying&Land Design 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 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. Applicant Signature Carmen A.Cerza,Sole Member Print Name and Title April 23, 2021 Date Is the applicant also the owner of the subject property? I Yes ❑ No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Ail disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No change,as of °ate 04.27.2021 signature 4e /J Print Name Hoa N. Dao Revised 11,09.2020 3 1 P a g e Cerza Enterprises, LLC Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Cerza Enterprises, LLC Agenda Item 13 Page 12 Item # 13 Cerza Enterprises, LLC [Applicant & Property Owner] Conditional Use Permit (Motor Vehicle Sales) 6056 Indian River Road April 14, 2021 RECOMMENDED FOR APPROVAL—HEARD Mr. Weiner: Great. Right, now Item 13. Madam Clerk: Agenda Item 13 is Cerza Enterprises, LLC; an application for a Conditional Use Permit Motor Vehicle Sales on property located at 6056 Indian River Road located in the Centerville district. Mr. Weiner: Thank you, Ms. Sandloop. Mr. Bourdon: For the record Eddie Bourdon, Virginia Beach attorney representing Cerza Enterprises, LLC. This is an application for Conditional Use Permit on a parcel,the 33,000-34,000 square feet on the corner of Indian River Road, and what was the name of that lane? Depositor Lane, I guess the bank got to name the lane. Bank was there for many, many years. And frankly,the property with this application is going to be utilized to a much lesser degree;there only be 12 cars displayed on site. And it will be -- they'll also have some internet sales from the site, but the traffic generation is far less than the bank. And we're using -- the property is well landscape to begin with; bank is a beautiful building; we're not changing any of that. It'd be one of the nicest looking buildings for a car dealership that I've seen in Virginia Beach or elsewhere. The applicant is putting additional landscaping on the property that staff has described in what you heard about this morning in the informal session. The conditions and they're very typical and strong conditions. There's no repair work that's taking place on this property, no outside storage of any tires, materials, debris, etc. It'll be maintained as the bank has maintained it, and so really there is not a lot of change here other than fewer traffic trips per day. The hours are longer hours, however, then the banks. Bankers, they don't spend a whole lot of time at the office. So, the one condition that's problem that was came up at the 11th hour is condition number three. And that is -- and we agree with the traffic engineering folks that this front access or front curb cut on Depositor is not a very safe access point. It was used for access by the bank, although primarily it was an exit from the drive thru. But we totally agree it will not be an access to this use. In fact, we will be using the area in front of the building as the primary display area where there'll be eight vehicles displayed, and so we will absolutely ensure that it's not used as access. And by doing so we'll put No Entry signs on either side of the existing curb cut onto Depositor, and we will always have a motor vehicle parked parallel to Depositor that blocks that from ever being used for access. And we're perfectly amenable to that. Obviously, there's not an issue with 1 vehicles leaving through there, but we're not going to have people's leaving through there either. Now it is conceivable that we may have to move a car that's on display out through there, by pulling the car that's blocking it out and bring take that car out, but we can also go the other way. But access we agree totally, but the idea of tearing it out and putting in curb and gutter when we're lessening the use to begin with is not acceptable to us and I don't think it makes any sense whatsoever. But we totally agree, not access but the idea of closing it, we will close it but we'll use a vehicle to do that. Plus, we'll put signs on either side. Do not enter, no access, but you have to run through the car to do that. With that I'd be happy to answer any questions. We agree with all the conditions that the staff has recommended, and we agree with the word -- the first part of number three, but closing it and of course that hasn't been defined, but we certainly don't think it makes any sense to come in at something that's again used for a lot more years for traffic going in and out but mostly out. And we're going to make sure it's not used for anybody coming in. We got two other entrances on Depositor that will be the entrances that will be used. I'd be happy to answer any questions. Mr. Weiner: Any questions?Are there any more speakers? Any speakers? Okay. Mr. Bourdon: I'll just come back and respond. Mr. Weiner: Okay. Madam Clerk: We do have one speaker virtual; Teresa Bracy. Ms. Bracy, if you could wait two to three seconds and then begin your comments. Ms. Bracy: Thank you, Chairman, Vice Chairman and Commission members. I'm Dr. Teresa Bracy. I own Indian River Veterinary Hospital located at 6070 Indian River Road. Today I'm speaking in opposition of Agenda Item Number 13 for Conditional Use Permit to operate Motor Vehicle Sales at 6056 Indian River Road. In support of my concerns, I would like to address two points. In the background in summary of the proposal section of this application planning staff now includes a summary of zoning history which highlights specific properties consistent with this applications proposed use. However, I feel it expressly excludes business use which does not support the application. I would like to point out to the Planning Board the following businesses and addresses that were not included; Reitano Dentistry at 6062 Indian River Road, Eastern Virginia Oral and Maxillofacial Surgery at 6033 Providence road, Agape Chiropractic Center 6070 Indian River Road, Tidewater Dental Group 6095 Indian River Road, Sleep Specialists of Tidewater at 6025 Providence Road and Indian River Veterinary Hospital at 6070 Indian River Road. These properties represent professional medical related businesses located within two tenths mile north,south, east and west of the application address. Based on current zoning alone these areas are not specifically designated as a medical business district, however the use is consistent with that. 2 I do not feel this application use permit is consistent with the surrounding business operations in close proximity and I feel the proposed use would have a negative impact on those businesses. As staff planner Dao points out while there are gas service stations and convenience stores in close proximity, to my knowledge there's no motor vehicle sales lots currently along Indian River Road, and as a business owner and long-term resident I would suggest we keep it that way. The best example we have some of a similar business which staff also doesn't mention is West View Auto Inc located at 6216 Indian River Road which is three tenths of a mile from this location on the highly visible corner of Indian River Road and Sunnyside Drive. Westview Auto is an Auto Service Center; at all times as many as 70 cars in various degrees of dilapidation are occupying a 21,000 square foot lot creating an eyesore for the community and affects property values. While the application includes 13 conditions and an attempt to mitigate public concerns, none of the proposed conditions specify that I saw, there was a comment that was made by the attorney but I didn't see where it limited the number of cars to be parked on the premises. He spoke different of that, so maybe we can address that. Citing also, for example, the numerous used car sale lots located along Military Highway and Virginia Beach Boulevard sections of the city I would Mr. Weiner: Any more speakers? Madam Clerk: No more speakers. Mr. Weiner: One quick question for one second. Mr. Tajan, do we have anybody from traffic engineering here, or can you answer a question? Mr. Tajan: Ric Lowman is on. Mr. Weiner: Is he? I mean, I'm just curious; this bank has been here for a long time. And I'm sure there was many times where people exited the drive thru and came out this area of access to be closed on the Indian River Road. I think actually, I had done it before and I didn't see any. I'm just curious what the difference is now. And Ric, if you're there, what's the differences now compared to what it was when it was a bank, when there's going to be less vehicular traffic going through there. Mr. Lowman: Hi, Mr. Weiner. This is Ric Lowman, Traffic Engineering. I know that the bank was approved well before we had the access standards that we do now. Even in using it as an exit, there it is, you know close to Indian River Road, we wouldn't approve an access point. In fact, our Public Works standards don't allow access points within a certain distance of a radius to a major road. So, we just felt like closing this access point would be in the best interest of access management for not only Depositor Lane but traffic turning into and out of Indian River Road. Mr. Weiner: Okay, hold on a second. I have another question for you, Ric. 3 Ms. Oliver: So, Ric, when you -- define "close the entrance" please, is that a permanent close? Mr. Lowman: If we're looking at like a temporary reuse of a site, then yes, we could consider like a temporary closure, like for instance using big flower planters, perhaps to close the entrance off. If we're looking at a permanent reuse of a site, then we would want that entrance ripped out and the sidewalk kind of extended through there, because it does -- it would help pedestrian access to just get rid of that curb cut totally. So, you don't have to go down and then back up across the entrance. So, in this case, I think we said close, meaning that we'll never want that access point used again even if the site is reused for another use. So, I'll let you guys define how you want to close it. But we have put planters or something permanent in there so that vehicles can't exit -- enter or exit from there. Mr. Weiner: Any other questions for Ric? Thank you, Mr. Lowman. Yes. Mr. Bourdon: Thank you. Mr. Chair,first of all, the doctor who --the veterinarian who spoke there, there is a — she even mentioned there's a car dealership just two blocks to the west on Indian River Road. This is not going to be like those. That's for sure. And I'm not saying anything bad about those. But, yeah, this is very clearly on the plan that there will be 12 vehicles displayed on- site. That's I can't—I don't know what else I can say other than that, and that's exactly what we've agreed to. The--and the conditions --one of the conditions, one of the things she referenced was cars that were dilapidated or whatever, that won't be the case here and there's a condition that clearly addresses it. These are standard conditions now. They weren't necessarily standard conditions 15-20 years ago, or 30 years ago, and I don't know how long these other dealerships have been there. But so, this site, it is probably going to be temporary use, I don't know that it will last for 30 or 40 years. I doubt it. But it'll clearly not change the character of this property a bit, and I don't think it'll have any negative impact on anybody's property value, not at all. That this -- back to Mr. Lowman's point, we are agreeing that that front, current ingress-egress for vehicles will be closed off, and we will close it off and we will have signs up so it's not used for access or exit. It is true that on the original exhibit, we showed an exit lane, but that was really for our own vehicles. That won't happen, we'll take that off of the plan, and it will not be used. But to go in and put in curb and gutter is not something that really--given that nothing we're doing will make the traffic generation anything other than less than what it was. And if a bank had bought the property and the bank was still operating, there's nothing anybody could do about it. So, we're not in disagreement over that, it not being used to access. Frankly, if one of our vehicles goes out and on to Depositor and turns in behind there on the second access, it's certainly not a dangerous situation and that road doesn't have a great deal of traffic. Indian River does, and I totally agree with Mr. Lowman with regard to somebody trying to turn in onto Depositor and stopping traffic and it backs up onto Indian River. 4 We will make sure that doesn't happen by taking the actions that I've described if that's what City Council ultimately believes or, I guess. Putting up -- frankly, putting those planters out there, I think, looks, frankly tacky myself, I think having a car blocking the access and signs is not — especially when all these other new cars are out there would be a better way to do it. Mr. Weiner: I want to say something really quick, don't throw things at me. I just want to say something. If we approve it like it is like you want us to approve it, so it could be blocked by just a sign and what you just said about, hold on a second,what you just said about is only a temporary situation for maybe a year, maybe two years, five years, whatever. But if it goes back to being a bank building, they're not going to have to come in front of us because it seems like to me traffic engineering just wants this one just closed off for future reference. If it goes back, if we approved the condition now the way you want it, and it goes back to being a bank in the future, then they're not going to have--they can't come in front--they can use this as an ingress-egress in the future. Mr. Bourdon: What? I heard Mr. Lowman say if it was a temporary; if it was temporary use, then he was fine with putting planters out there. That's what I heard him say, and that's what I was addressing. Mr. Weiner: Right. And then the next person that comes along, it'll be in the condition in their temporary use, right? Temporary for ingress and that you can't be -- it won't be opened all the time for ingress-egress. So, the next person that comes out here to do this, you see what I'm getting at? So, we kind of want to make it to where you can't -- not permanent, but there's something —even if you build a wooden box and put some flowers in there or something to close it off. Mr. Bourdon: That's what I just said, I think that looks tacky. But if that's what the city wants to do, then that's--we will make sure it's not used for access. Mr. Weiner: But without anything being there, it's kind of hard to do that. And I'm not saying you won't-- Mr. Bourdon: I disagree. We have car dealerships throughout the City of Virginia Beach, that when they're closed on weekends that's exactly what they do to every one of their entrances and people don't get through there, okay?And if we do that permanently with No Entry signs on either side of that drive aisle, there won't ever be cars going in and out of there. But putting a planter and like we don't -- I guess we don't do the signs, we put a planter there. But I mean, I just -- I don't think that the planter is -- I think it's less attractive than having a new vehicle sitting there. Mr. Weiner: Yeah. Mr. Bourdon: That's my own personal opinion. But again, that's up to how-- however, you all— Mr. Weiner: Mr. Graham has a question for you. 5 Mr. Graham: It's more of-- I guess I just want a clarification. So, if you did close off that entrance, there would no longer be circulation around the building, and when you went down that little road, it would be a dead end. Am I wrong or am I right? Mr. Bourdon: That's what would happen if you put a curb and gutter out there. Mr. Graham: Yeah, and I agree. The planters, I think it's tacky when that's done. As a former fireman, would you rather have circulation around the building? Mr. Coston: We've got to have circulation. Mr. Graham: Okay. I was just trying to understand I said, I was just trying to -- Mr. Bourdon: Yeah. It's a very good question because if you -- basically if you put curb and gutter out there, you have to tear everything back of it out and it doesn't -- just to me, it makes much more sense to make sure it's not used in a way that's consistent with the use of the property. True, we may be kicking the can down the road to .. I don't know how long this use will be there. I'm not suggesting it's only going to be there a year or two. It could be there for 10 or 15 years. But that's a beautiful building. The building's got a lot of useful life left. I don't-- I just can't sit here and tell you. I mean, banks aren't -- we're not building a lot more banks anymore. I mean, it's all digital and what have you, so I don't think there's going to be a bank going out here. I'd be very surprised. But just trying to do an adaptive reuse of the property as it exists with as little change other than positive change as we can make and putting -- Ms. Oliver: Eddie, I just -- and I'm just not -- I'm not going to -- I'm not arguing the point, but Ric was fairly clear about having the street closed with curbing. I mean, he stated it and he said that's what he preferred as a traffic engineer. That's the way he wanted the property. Now it was up to us how we wanted to handle it, but that's what I clearly heard Ric say. Either way, I mean, I'm just Mr. Bourdon: I think he said if it's of permanent -- Ms. Oliver: He would prefer that access closed. Mr. Bourdon: If it's a permanent use he would close that, but as a temporary use which is I think anyone would probably agree it is probably more of a temporary use. It's up to whatever -- however -- Ms. Oliver: So, is the applicant only going to do this for short -- when you say it's a temporary use, so his intent is only temporary? Mr. Bourdon: Ms. Oliver, the automobile industry in this country -- Ms. Oliver: Well, I understand. 6 Mr. Bourdon: -- where that all is going with electric cars and our current administration and everything else, I have no -- and I've got-- I represent some car dealerships, who knows? Okay? You know, great. I don't know, and I don't think anybody really does. So, to suggest that it's "permanent", I mean permanent in my view of what I consider permanent; somebody is going to come in, buy a piece of property,tear down a building, put a lot of money into redoing the property, and that's not what this is. This is the adaptive reuse of the existing property as it is for this use. It certainly doesn't-- it's not going to work for a vet, it's not going to work for a medical office building. So, it's a use of the property, it's an attractive property; it's less impactful use of the property. I have no idea how long it will be there. And what's temporary versus what's permanent, I don't have really an answer to that either other than my view is somebody who's going to come in and invest millions of dollars and putting improvements on a piece of property that's they're looking at that longer term. Somebody who's buying a property that's already developed is looking for something that provides cash flow for their investment. So, it's less permanent, but that's the only way I can put it. Mr. Weiner: Jack? Mr. Wall: So, if we leave this -- if we leave condition three just the way it is, I mean, it will be up to staff to make that determination. What closed, is that -- Mr. Bourdon: I think it'll be up to the City Council to make the decision. Mr. Wall: Up to -- or City Council. Sure. Okay. Mr. Bourdon: That's my view anyway. Mr. Wall: Okay. Yeah. Mr. Weiner: So, we're going to--if we leave it in there just the way it is, it doesn't say permanently closed with curb and gutter, right? Mr. Bourdon: It does not, it does not, and this came up --frankly, it came up towards the tail-end of the review process, and I've had very productive conversations with Hoa, I have not had a chance to have a conversation with Ric and probably will moving forward. But I'm willing to come up here and say approve it as is without putting it out there, my clients' feelings and I share my clients' feelings with regard to the idea that something that's reducing the traffic volume a lot, is all of a sudden you have to expend money to put a curb and gutter and which means then you got to dead end like it's just-- it's not-- in our view, it's not a practical thing to do. Mr. Weiner: Mr. Tajan wants to say something. 7 Mr. Tajan: For clarity's sake, staff would interpret the condition as was written now is that it would have to be removed. It would have to be pulled out. So, if there is a recommendation for a change in the condition, then we would like some clarity from the Planning Commission for us to make that--for recommending a change to the condition. Mr. Weiner: So, what you're saying is the way it is written now, it's permanently closed, that it'd have to be permanently closed with curb and gutter. Mr. Tajan: That's how staff had written it. Mr. Weiner: Okay. Mr. Tajan: However, but we would like to -- if the Commission has any -- wants to change the condition, of course, that's up to the Commission. Mr. Bourdon: And if I could comment. Mr. Weiner: Sure, you can. Mr. Bourdon: I certainly can see that that is one way to read what it said. But if it said the current ingress and egress from Depositor Lane shall be permanently closed with curb and gutter that would have been a lot clearer. But then what do you do with the rest of--what's in front of them? Thank you. Mr. Weiner: Thank you Mr. Bourdon Mr. Wall: Actually, I have a couple of questions. Mr. Weiner: Hey Mr. Bourdon, we have a couple more questions. Don't go anywhere. Come on back. Mr. Wall: So, my questions are, so how long they owned it? I'm sorry. Mr. Bourdon: The current -- I believe about a year and a half, maybe a year. I guess it's been vacant for a year and a half. And this is only -- and it's been short-term. Mr. Wall: Right, they've owned it. It's been vacant since they've -- they pretty much own it. So, the 12 vehicles, is that -- may be that was mentioned and maybe I missed it. It's not a condition. Mr. Bourdon: The display area shows 12 --we display eight in front. Actually, I may have -- I may be incorrect. It may be 11. Mr. Wall: 11, okay. 8 Mr. Bourdon: I apologize. My math skills -- lawyers are not good at math. Mr. Wall: That's it, 11 vehicles. Mr. Bourdon: That's correct. Mr. Wall: Or 12 vehicles, whatever and no -- but it's not written anywhere that says just display area. Is that enforceable? I mean is that a -- so if they have -- if they started putting vehicles in other areas, more than 11, more than 12, then they can be cited for not being in compliance with their new Conditional Use Permit. Mr. Bourdon: Just 12 vehicles. Mr. Wall: And I'm sure that 12 vehicles is pretty minor. I mean, that's not-- it's pretty, pretty small and not very intense, I would think. Mr. Bourdon: And with Internet sales which you also have or you can make deliveries of vehicles to people coming to -- bought on the Internet, that's the other aspect. But that doesn't involve display of vehicles for sale on site. It also lessens the --and they've got a good condition. The city has a good condition, but it's hard to force everything, the banners and the streamers and all that stuff, you don't see those on a facility like this display area. Mr. Wall: Okay. Alright, thank you. Mr. Weiner: Thank you. All right, we're going to close it and open it up to either motion or discussion. Who want to start, Mr. Inman? Mr. Inman: I move we approve the application as written, with the conditions as written. Mr. Weiner: As it is. Ms. Oliver: I second. Mr. Weiner: Hold on a second. Mr. Wall has a question? Mr. Wall: Right. I do have a few things to say before we vote. I'm ready to vote, but I just want to say because there was a letter and it's not just by the veterinarian, that was a couple doors down into the-- one of the adjacent property, I don't know if they're an owner or a tenant, wrote a pretty good letter, and I felt that it should probably be addressed. Also, that, it seems like this is a very low intense use and it appears it could be temporary. But I think it was one of the dental offices that was adjacent that had some concern, but I think that we've been able to mitigate it just by the limit of number of vehicles in the conditions. So, I'm in favor of it. 9 Mr. Weiner: All right. A motion for approval by Mr. Inman and seconded by Ms. Oliver. Madam Clerk: Mr. Alcaraz. Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston. Mr. Coston: Aye. Madam Clerk: Mr. Graham. Mr. Graham: Aye. Madam Clerk: Mr. Horsley. Mr. Horsley: Aye. Madam Clerk: Mr. Inman. Mr. Inman: Aye. Madam Clerk: Ms. Klein. Ms. Klein: Aye. Madam Clerk: Ms. Oliver. Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner. Mr. Weiner: Aye. Madam Clerk: By a recorded vote of nine in favor, zero against, Agenda Item Number 13 has been recommended for approval. 10 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. When the property is redeveloped, it shall be in substantial conformance with the submitted Site Layout Plan entitled, "6056 Indian River Road", dated March 31, 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 and Community Development. 2. When the property is redeveloped, landscape plantings shall be installed to be in substantial conformance with the submitted Site Layout Plan entitled, "6056 Indian River Road", dated March 31, 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 and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. The access point closest to Indian River Road on Depositor Lane shall be closed. 4. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 5. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 6. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 8. There shall be no auto repair or service on the site. 9. There shall be no outside audio speakers for any purpose. 10. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or 11 fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 11. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 12. 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 properties. 13. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 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. 12 Dear Council/Planning Committee, I am writing to express my strong opposition to the used car lot proposition for the property immediately adjacent to our building in Indian River Executive Center. My opposition and concern is shared with many of the other professional businesses in our complex and surrounding properties. Our biggest concern is that that will cause increased traffic to an already very busy intersection and decrease the value of our properties and businesses. Traffic safety and safety of pedestrians are major areas of concern. Many people are walking at or near the intersections of Indian River Road and also the road behind the proposed lot, Providence Road, being that Providence park is one block away. Traffic jams here on Indian River Road specifically already can take significant time to navigate during rush hour. In general, the area traffic has continued to increase, and heavy traffic is already common at rush hour times. Additionally the sigma associated with a used car lot will only be a detriment to the value of our community and the surrounding property values. For our dental practice specifically, this is a detriment to the privacy of our patients and clients who's windows directly face the proposed car lot. I sincerely urge you to disapprove the proposed property change from a bank which is a professional establishment to a used car lot. From recent meetings and discussions with my neighbors, I know my opinions are shared by many who have not managed to attend this meeting or write letters and emails. Thank you for your continued service and support of our communities. 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CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A & G AUTO SALES [Applicant] G & A PROPERTIES, LLC [Property Owner] Conditional Use Permit (Motor Vehicles Sales and Rentals) for the property located at 604 Newtown Road (GPIN 1468301875). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: May 18, 2021 • Background: This is a request for a Conditional Use Permit in order to operate a motor vehicles sales and rentals operation within a 2,900 square foot building and 12,000 square feet of vehicle display area. The applicant proposes to offer up to 74 vehicles for sale on the property. No changes to the building are proposed, other than the single wall-mounted sign above the entryway into the office and an eight-foot tall freestanding monument-style sign to match the materials of the existing building. No auto repair is proposed in conjunction with this request. • Considerations: The applicant is seeking deviations to the building foundation landscaping requirement along Paca Lane and the 12 percent interior display area landscaping requirement for the site. In lieu of building foundation plantings along Paca Lane, the applicant will install additional plantings along the street frontage to mitigate this requirement. To avoid the removal of existing asphalt on the site to meet the required 1,440 square feet of interior display area landscaping, the applicant worked with Staff to provide at least 750 square feet of interior display landscaping along the northeastern boundary of the site. However, the site is deficient in this requirement by 650 square feet. Ultimately, Staff believes that the landscaping proposed for the site will enhance the screening along the public right-of-ways and supports the deviations requested. The existing landscaping is required to be maintained as it is shown on the exhibit noted in condition two. The site meets the parking requirements and the requirements set forth in Section 239 of the Zoning Ordinance for Motor Vehicles Sales and Rentals, is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban area, provides a service to the community, and is compatible with existing uses along this section of Newtown Road, the request is recommended for approval. 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. A & G Auto Sales Page 2 of 3 • Recommendation: On April 14, 2021 , the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 9-0. 1 . Foundation planting along Paca Lane is not required and a minimum of 750 square feet of interior landscaping shall be installed within the perimeter of the designated display area. This is a deviation as required by the City Zoning Ordinance and Site Plan Ordinance. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "CONDITIONAL LAND USE EXHIBIT, CAR DEALERSHIP, 604 Newtown Road, Virginia Beach, VA ", dated 03/03/2021 and prepared by Christos A. Damalas, Professional Engineer and Kathleen Zeren, Landscape Design, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Plan shall include existing and proposed street frontage, foundation landscape plantings, and interior landscape plantings to include planting details, plant installation notes, and a plant materials list. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 5. One freestanding sign shall be a monument-style freestanding sign with a brick base, as depicted on the exhibit entitled "CONDITIONAL LAND USE PERMIT, CAR DEALERSHIP, 604 Newtown Road", dated 03/02/2021 , and prepared by Christos A. Damalas, Professional Engineer, and the sign shall be no taller than eight feet in height measured from the ground to the top of the sign. 6. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 7. There shall be no vehicles displayed within the northernmost access point along Newtown Road. Vehicles shall not block or prohibit the entry or exiting of utility vehicles along this entrance. A & G Auto Sales Page 3 of 3 8. The parking lot shall be striped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 10.No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 11.There shall be no auto repair or service on the site. 12.There shall be no outside audio speakers for any purpose. 13.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 14.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 15.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 properties. 16.No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department * City Manager: Applicant A & G Auto Sales Agenda Item Property Owner G & A Properties, LLC Planning Commission Public Hearing April 14, 2021 1 0 City of 7 City Council Election District Kempsville Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales and Rentals) ) * ,111 , .... Staff Recommendation ems' r Approval a +" f a 1 Staff Planner , � � r Marchelle Coleman i i, 'g" od"�4,* Location 4Pi 4C /.. '•0 Ce%e a ne < 604 Newtown Road 44. 4 GPIN } `. t b v ` . .1 1468301875 Site Size _ l I 36,695 square feet °aks f, c\ AICUZ dye Less than 65 dB DNL 6 ( Watershed . Chesapeake Bay Existing Land Use and Zoning District .. -/i : 4 ' � ,y Office/B-2 CommunityBusiness D' :'''';:':T Surrounding Land Uses and Zoning Districts , _ , '-- , '`w North #� h' Paca Lane se/ f 4o .zik ' Sin le-famil dwellin / R-7.5 Residential r g Y g South � x 4a x Baker Road Restaurant/ B-2 Community Business ' 4 6 4' East e Auto repair/B-2 Community Business ` West �,� Newtown Road . 4 •h Automobile service station/ B-2 Community , 4:;. Business A& G Auto Sales Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Motor Vehicles Sales and Rentals on property zoned B-2 Community Business District. The site is developed with a 2,900 square foot one-story building constructed in 1969 that was previously occupied by a title loan business. • The applicant proposes to display up to 74 vehicles on the site. No auto repair is proposed on site, and a condition is recommended prohibiting that activity,to ensure that this more intense use is not permitted adjacent to the single- family dwelling to the north of the site. • The applicant is seeking a deviation to the foundation landscaping requirement along Paca Lane and the 12 percent display area interior landscaping requirement. In lieu of the foundation plantings along Paca Lane,the applicant will install additional plantings in the street frontage along Paca Lane. In regard to the minimum 12 percent interior landscaping,the applicant intends to install landscaping along the northeastern boundary of the site totaling approximately 750 square feet, roughly half of the required 12 percent interior landscaping. Based on this, a deviation to the required landscape screening is requested. • Per Section 203 of the Zoning Ordinance,the parking requirement for auto sales for this site is four parking spaces. The parking requirement has been met and exceeded by eight spaces. • The concept plan depicts a proposed freestanding sign located near the intersection of Newtown Road and Baker Road.As shown in the submitted elevation,this eight-foot tall sign will be monument-style with a brick base to match the brick material on the existing building. • Typical hours of operation are proposed as 9:00 a.m.to 8:00 p.m., Monday through Saturday and 10:00 a.m.to 6:00 p.m. on Sunday.There will be two to four employees on the property during regular business hours. A&G Auto Sales Agenda Item 10 Page 2 Zoning History # Request 1 CUP(Motor Vehicle Rentals)Approved 02/01/2000 / �_ 2 CUP(Automobile Repair)Approved 04/21/2015 �'- CUP(Car Wash)Approved 06/12/2007 3 CRZ(R-7.5&B-2 to Conditional B-1)Approved ` r 09/24/1996 j/ / 4 CUP(Self-Storage Facility)Approved 02/27/2001 - 5 CRZ(B-2 to Conditional B-4)Approved 01/20/2015 \ i ° � t� MOD(Religious Use)Approved 07/05/2011 CUP(Religious Use)Approved 05/11/2010 �i CUP(Church and Child Care Education Center)Approved '' h 08/14/2007 CUP(Beauty School Approved 04/10/2007 r ham` CUP(Church)Approved 07/11/2006 / CUP(Child Care Center)Approved 07/13/2004 / CUP(Church)Approved 05/13/2003 CUP(Commercial Recreational Facility)Approved 04/14/1992 CUP(Bingo Hall)Approved 01/28/1992 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 This request for a Conditional Use Permit for Motor Vehicle Sales and Rentals, in Staff's opinion, is acceptable.The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area,as the auto sales business provides a service to the community and is compatible with the existing uses along this section of Newtown Road. As required by the City Zoning Ordinance,street frontage and foundation landscape plantings are required along Newtown Road, Baker Road,and Paca Lane.The existing street frontage landscaping does not meet the Zoning Ordinance standards and is located within the public rights-of-way.The applicant is proposing to install additional trees within the street frontage that will help improve the aesthetic of the site and provide additional screening from Newtown Road, Baker Road, and Paca Lane.As the site is almost entirely of asphalt,the applicant is requesting a deviation to the required foundation landscaping along Paca Lane and will install additional plantings along the street frontage. Staff believes that the enhanced streetscape frontage along Paca Lane will help to mitigate this requirement. As required by Section 5A.4 of the Site Plan Ordinance,the perimeter of the designated display area should be landscaped with at least 12 percent of the total display area, or approximately 1440 square feet in this instance. The applicant does not want to remove existing asphalt and opted to seek a deviation request to this provision.The applicant has worked with Staff to provide a hedgerow of Japanese Cleyera plantings in the grassy area along the northeastern boundary of the site,totaling approximately 750 square feet of interior landscaping for this site. While this does not meet the required 1440 square feet interior display landscaping requirement, combined with the existing landscaping and proposed additional trees within the public right of way,Staff believes that the proposed landscaping will enhance the screening of this site from the public right-of-ways and support the deviation request.The applicant is requesting that these deficiencies be addressed through the provisions of Section 221(i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties. A&G Auto Sales Agenda Item 10 Page 3 Traffic Engineering data shows that the proposed auto sales establishment would result in a decrease in traffic generation.As shown on the conceptual layout,there is a 13.1-foot wide access point along Newtown Road, closer to Paca Lane. Per Traffic Engineering,this entrance does not meet any Public Works standards for access points and recommended the closure of the access point.On the resubdivision plat (MB 223 PG 9),as shown on page seven of this report,there is a 1-foot no ingress/egress easement hereby dedicated to the City of Virginia Beach,VA for this entrance, except for utility vehicles. While Traffic Engineering prefers the closure of this entrance,they are not opposed if the entrance remains open for the use of utility vehicles only; however,there shall be no display of vehicles within this entrance or in the path of utility vehicles entering and exiting the site.Condition 8 has been added to address this. The proposal meets the requirements of Section 239 of the Zoning Ordinance for motor vehicle sales and rentals. Based on these considerations,Staff recommends approval of the request subject to the conditions below and deviation to the foundation and display area planting requirements as noted above. Recommended Conditions 1. Foundation planting along Paca Lane is not required and a minimum of 750 square feet of interior landscaping shall be installed within the perimeter of the designated display area.This is a deviation as required by the City Zoning Ordinance and Site Plan Ordinance. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "CONDITIONAL LAND USE EXHIBIT, CAR DEALERSHIP, 604 Newtown Road,Virginia Beach,VA",dated 03/03/2021 and prepared by Christos A. Damalas, Professional Engineer and Kathleen Zeren, Landscape Design,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Plan shall include existing and proposed street frontage,foundation landscape plantings,and interior landscape plantings to include planting details, plant installation notes, and a plant materials list.All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 5. One freestanding sign shall be a monument-style freestanding sign with a brick base,as depicted on the exhibit entitled "CONDITIONAL LAND USE PERMIT,CAR DEALERSHIP, 604 Newtown Road", dated 03/02/2021, and prepared by Christos A. Damalas, Professional Engineer, and the sign shall be no taller than eight feet in height measured from the ground to the top of the sign. 6. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. No vehicles shall be displayed on raised platforms,earthen berms, landscape islands,or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 7. There shall be no vehicles displayed within the northernmost access point along Newtown Road.Vehicles shall not block or prohibit the entry or exiting of utility vehicles along this entrance. 8. The parking lot shall be striped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 9. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. A&G Auto Sales Agenda Item 10 Page 4 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 11. There shall be no auto repair or service on the site. 12. There shall be no outside audio speakers for any purpose. 13. There shall be no signs which contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees, or fences,or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs,or electronic display signs on the site. 14. There shall be no neon or electronic display signs,or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. No window signage shall be permitted. 15. 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 properties. 16. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 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. 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 on this property. A&G Auto Sales Agenda Item 10 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Baker Road 7,100 ADT1 15,400 ADT 1(LOS 4"D") Existing Land Use 2—463 ADT Proposed Land Use 3—55 ADT Newtown Road 30,050 ADT' 32,700 ADT 1(LOS°"D") 'Average Daily Trips gas defined by a.85 acre parcel 3 as defined by a 2,900 sq.ft.used °LOS=Level of Service in B-2 zoning district auto sales Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Baker Road is a two lane collector road in the vicinity of this site with a right-of-way of 66 feet. The MTP shows a two lane minor collector with an ultimate right-of-way of 70 feet. Newtown Road is a four lane minor suburban arterial in the vicinity of this site with a varying right-of-way from approximately 95 feet to 130 feet. The MTP shows a six lane major arterial with an ultimate right-of-way of 150 feet. Public Utility Impacts Water& Sewer The site is connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14, 2021. A&G Auto Sales Agenda Item 10 Page 6 N o N a, ln co 96-N•1 0 °_- a 64'0 C-[d•%d'ar60a c.[. .0 �` -. area 1100"111f 11h.•N Q (TS vlvlmuN..e�wn+.v...w +- se,YlY9V1 I IY'L011 C2292 -0 L 66'CI 0- JIA'a0aY1'1'•M ISLx'OC 99I1 ll'1.lV3 B'LFd1-L �i C I(A1•YIAVW.- .-, .. 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FONT ELEVATION IA&G AUTO SALES ,1' 4,IyTH OF �MATf.H BRICK 1tesrosABAIPOSLIA f l SPECIFICATIONS 1 4.1 NA > TO EXIST.BUILDING fO�t2 07/07 2M1 1 SS4NA EXISTING SIGN CONDITIONAL USE PERMIT / CAR DEALERSHIP D nm.;.I1;Pi1I:U VI HI:B IA HEAI:H,VA ro 9° QQ f SHEET' 3 of 3 (T) D v c m o w (O F fD tD O Id Site PhotosVI Tre 1Ma; 0- __ 1 i _4. - - ;L...- 4 r:i.li a xoi tr .ti. 1 l TITLE LOANS _ Y ! . w, Y .,ems: A& G Auto Sales Agenda Item 10 Page 10 Site Photos .. dg' ••'a fc x 3+` . El l i "5Rk --t; C g' carK : w IMAX. ��A , y -irk _;: i . is ` . . eG CC WrJy i. c"‘" -Nisi �► A;:ii •''/',-f••,-', -%* 'S- *':Yr.Q..,.-$i° sue^ „:„..„ 1.. Iii -LENIA . , „, ..,, ,‘,,,,,,..„.„..„„...,.....,..,,:..„,....._„,........._,,..,.,. .,_,_,.,.....„.„.......„_ .,... ... ._ , v.„_-_,„...... : -_-_-__„__. _- T, , , T ;- - -�F lOgNg -, .. . . . , . . ,. . .. -- _=,_.-._ . -.... „,,-.4.71. .4: sP:ii,- ''''',..,-.".:1'-'71.1 '''. .',,,,.:-.... ,_ . ' *.c : s- r r r 3 L .',(4 Sk ,fir, , ,it .. _ 'N//4,. ' a- it 1 % i-, -. „ ,3. 74',. ... '•3 ; '.i".'a ft _ '•ic+9�.. -.s it., 4,`.{'•, .' A&G Auto Sales Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name A&G Auto Sales Does the applicant have a representative? EN 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 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Andreas E.Loizou,President • 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. "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 11.09.202 i 1 I A & G Auto Sales Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement C3y x Viry w Beall Planning&Community Development Known Interest by Public Official or Employee Does art official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes NI 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 0 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?jYes ❑No • If yes,identify the firm and individual providing the service. Kathleen Zeren,Landscape Design 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 Reviser)I1.O9.2O2O 2 l A&G Auto Sales Agenda Item 10 Page 13 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 ®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?❑X Yes ❑No • If yes,identify the engineer/surveyor/agent. Christos A.Damalas,Professional Engineer 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. EDUR¢0 Boti f-C A) SYVS k LEVY PG 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 b,dy or committee in connection with this application. Applicant Stgnatu /NODILEAs LD-1°4 , Pie6q0C14T Print Name and Title I ) °a-o Date Is the applicant also the owner of the subject property? 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 changesas of bate 4/28/2021 Signature "'`"Name Marchelle L. Coleman 3lPage A&G Auto Sales Agenda Item 10 Page 14 Disclosure Statement Disclosure Statemen AL3 t _.ram w v_ Balth Planning&Community dk DCVD1Opinent Owner Disclosure Owner Name G&A Properties,LLC,a Virginia limited liability company Applicant Name A&G Auto Sales Is the Owner 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) Andreas Loizou,President • 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?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09 202.: 5 I A& G Auto Sales Agenda Item 10 Page 15 Disclosure Statement Disclosure Statement &n e 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 k No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor 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 Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes *No • If yes,identify the firm and individual providing the service. 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?nYeS ❑No • If yes,identify the firm and individual providing the service. Kathleen Zeren,Landscape Design S. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes *'No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Christos A.Damalas,Professional Engineer Revised 11.09.2020 6 A& G Auto Sales Agenda Item 10 Page 16 Disclosure Statement Disclosure Statement--.,„:„..„,__„.,-..-:, y of n'a,,,Sea* Planning&Community Development g f 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?la Yes ❑No If yes,identify the name of the attorney or firm providing legal services. E0641.0 t3b.- L00ni r j<t?4 8o`-$ooe Atiutr, ft- — — 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 51\ — ANaVtEAS Lo.7--Ac 11-65TD6PirPrint Name and Title Date 7 A & G Auto Sales Agenda Item 10 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. A&G Auto Sales Agenda Item 10 Page 18 Item 10 A&G Auto Sales [Applicant] G&A Properties, LLC [Property Owner] Conditional Use Permit (Motor Vehicle Sales & Rentals) 604 Newtown Road April 14, 2021 RECOMMENDED FOR APPROVAL—CONSENT Mr. Wall: Is there any opposition for the item to be placed on the Consent Agenda? Hearing none, we'll move to the next agenda item. The next agenda item is Agenda Item Number 10. A&G Auto Sales requesting a Conditional Use Permit for Motor Vehicle Sales and Rentals. Is there a representative for this item? Mr. Bourdon: Thank you, Mr. Vice Chair. Again, Chairman Weiner, members of the Commission, Eddie Bourdon, Virginia Beach attorney representing A&G. We appreciate being placed on the Consent Agenda. All 16 conditions as recommended by Staff are acceptable to the applicant. I want to thank Marchelle for her work on this application. There were a number of moving parts going through this. I appreciate being on consent. Thank you. Mr. Wall: Is there any opposition for this application to be on the Consent Agenda? Hearing none, the Commissioner has asked Mr. Coston to read this into the record. Mr. Coston: The applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and Rentals on property located in the B2 Community Business District. The site is developed with a 2,900 square foot one story building constructed in 1969 that was previously occupied by a title loan business. The applicant proposes to display up to 74 vehicles on the site. No auto repairs proposed on-site and a condition is recommended prohibiting that activity. To ensure that this more intense use is not permitted adjacent to the single-family dwelling to the north of the site. The applicant is seeking a deviation to the foundation landscaping requirement along Paca Lane and the 12% display area interior landscaping requirements. In lieu of the foundation plantings along Paca Lane, the applicant will install additional plantings in the street frontage along Paca Lane. In regard to the minimum 12% interior landscaping, the applicant intends to install landscaping along the north-eastern border of the site totalling approximately 750 square feet, roughly half of the required 12% interior landscaping. Based on this, a deviation to the required landscape screening is requested. The concept plan depicts a proposed freestanding sign located near the intersection of Newtown Road and Baker Road as shown in the submitted elevation. This 8-foot-tall sign will be monument style with the brick base to match the brick material on the existing structure. Typical hours of operation are proposed as 9am to 8pm, Monday through Saturday and 10am to 6pm on Sunday. There will be two to four employees on the property during regular business hours. Staff has recommended approval and we have therefore placed this item on the Consent Agenda. 1 Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, 2 LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application, but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. 3 Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. Foundation planting along Paca Lane is not required and a minimum of 750 square feet of interior landscaping shall be installed within the perimeter of the designated display area. This is a deviation as required by the City Zoning Ordinance and Site Plan Ordinance. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "CONDITIONAL LAND USE EXHIBIT, CAR DEALERSHIP, 604 Newtown Road, Virginia Beach, VA ", dated 03/03/2021 and prepared by Christos A. Damalas, Professional Engineer and Kathleen Zeren, Landscape Design, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4 3. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Plan shall include existing and proposed street frontage, foundation landscape plantings, and interior landscape plantings to include planting details, plant installation notes, and a plant materials list. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 5. One freestanding sign shall be a monument-style freestanding sign with a brick base, as depicted on the exhibit entitled "CONDITIONAL LAND USE PERMIT, CAR DEALERSHIP, 604 Newtown Road", dated 03/02/2021, and prepared by Christos A. Damalas, Professional Engineer, and the sign shall be no taller than eight feet in height measured from the ground to the top of the sign. 6. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 7. There shall be no vehicles displayed within the northernmost access point along Newtown Road. Vehicles shall not block or prohibit the entry or exiting of utility vehicles along this entrance. 8. The parking lot shall be striped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 11. There shall be no auto repair or service on the site. 12. There shall be no outside audio speakers for any purpose. 13. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 14. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 5 15. 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 properties. 16. No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 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. 6 CO"). to ,y \\ - 5:3____3_ „. 1-c, co rt "7 \ \,, ziz, „ ' ,too ce __\ o y ,..., _ M a. eA* 0 o O' o410 t o / . I o co CL / , M o • P> \11 ' \ \/— ataw 0 ;" ,..•..- ..,' %• ift.--.8.-: _1 ,„ ,...„_-es_ „ \ \ A\ ,/ / -_, 7 ,4, �. cn r i• § (3 .ifo CN t!IL___- .. .-N, .. /___- %-- -7/0, ,.., c. ....z ,\\4., \ • Nss\s, „,„ Ad% a, _ �7� � ys' � o II •, �� � )\\ \ \ , .i t, ! ii.c1.-2 14:0 11_111# 11'*!\:l tit I— %_: Cfl co �_l.1l OZ. -- \\ 4 Tilt is-- \--, eat \ -4> , cp. , ,, .41,,, N / \ ._-se- `< 5. / . , 0 litititoli ,,/,* - \Alt r i 750 ..,T ,i,* 4 i*z \ /,/ c,,L E . e • - " \\ 0 :,,z_- /4 ,,-/' t, , \ / >, a.Nc,40 ',X ttak / IV 2 ,N ', 4..1* N 0 0 ,< 7 /„447 .7c i \ NcNIN "ya milr \\��-- n i 2 , < CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE VIRGINIA BEACH WINERY, LLC [Applicant] SIFEN DEVELOPMENT COMPANY, INC [Property Owner] Conditional Use Permit (Craft Winery) for the property located at 1064 Lynnhaven Parkway, Suite 113 (GPIN 1496113563). COUNCIL DISTRICT — ROSE HALL MEETING DATE: May 18, 2021 • Background: The applicant seeks to operate an 820 square foot Craft Winery with a 3,825 square foot wine tasting room within a shopping center along Lynnhaven Parkway. A Craft Winery requires a Conditional Use Permit to operate within the B-2 Community Business District. The Craft Winery will operate from 7:00 a.m. to 5:00 p.m., Monday through Saturday. • Considerations: The proposed use is compatible within the 70-75 dB Ldn noise zone and within the Accident Potential Zone 2. In Staffs opinion, and the Planning Commission agrees, the proposed use is also compatible with the existing businesses along this section of Lynnhaven Parkway. The parking lot that serves the shopping center meets the minimum number of parking spaces as set forth in Section 203 of the Zoning Ordinance and will be sufficient to serve both this new business and the existing businesses within the center. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On April 14, 2021, the Planning Commission placed this application on the Consent Agenda, recommending approval by a recorded vote of 9-0. 1. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Winery. 3. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 4. Music or live performances will only be allowed inside the establishment when all doors and windows are closed. The Virginia Beach Winery, LLC Page 2 of 2 5. All signage on site shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: AP Applicant The Virginia Beach Winery, LLC Agenda Item Property Owner Sifen Development Company, Inc j' Planning Commission Public Hearing April 14, 2021 C'ityoj City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Craft Winery) JOnn Han°°Ckry Dre , , i , Staff Recommendation Approval �s io G°' G 3,s Staff Planner4,,,,,,,e,„,e,,„..0 ,,,t,o, - c"``fir*°(' "Q,° HoaN. Dao ti o „., s ca,°° �0. e' , k m^ Dante Place Location ez°°woe,° -Pt,. o = i 1064 Lynnhaven Parkway, Suite 113 �;F,p°° - , %.a p x GPIN magic' aov? 1496113563 �� Site Size Delaware Cr°sstn9 D Hc-'`jed 2.3 acres AICUZ ' m�`c; t LT 70-75 dB DNL; APZ-2 t / '. '%rc 2 a Watershed ^1 \ \`�P pd6'; Chesapeake Bay Existing Land Use and Zoning District N'o, Shopping center/ B-2 Community Business , , i Surrounding Land Uses and Zoning Districts e� " . North , `` Lynnhaven Parkway Office /0-2 Office South + Apartments, west neck creek/A-12 Apartment ,r °� , East Commercial retail/ PD-H1 Planned Unit / 4 Development f West Apartments, west neck creek/A-12 Apartment ; .. 4" .- The Virginia Beach Winery, LLC Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Use Permit to operate an 820 square feet craft winery with a 3,825 square feet wine tasting room within Suites 110 through 113 at the shopping center along Lynnhaven Parkway. • The craft winery will occupy Suite 113 and requires a Conditional Use Permit approval to operate within the B-2 Community Business District. • The wine tasting room will operate within Suites 110, 111, and 112 and does not require a Conditional Use Permit as eating and drinking establishments are permitted uses within the B-2 Community Business District. • There are no changes proposed to the exterior of the existing building. • The craft winery hours of operation are 7:00 a.m.to 5:00 p.m. Monday through Saturday. The hours of operation for the Wine Tasting Room are 12:00 p.m.to 10:00 p.m on Friday, Saturday, and Sunday. • The existing number of parking spaces on the site meets the requirement of Section 203 of the Zoning Ordinance. L _= 3 ,J ' ,�`-+ , \ c,i. Zoning History �, 4, Request )_�,o S`'--:> j ''- �, 1 CUP(Tatto Parlor)Approved 07/10/2018 </"./ \. CUP(Religious Use)Approved 11/23/2004 � � �� CUP(Religious Use)Approved 11/13/2001 e+ ! '� ' i #' / 52 CRZ(R 7.5 to Conditional B 2)Approved 05/14/2002 c CUP(Mini-warehouse)Approved 05/14/2002 - . + 3 CRZ(R-7.5 to Conditional 0-2)Approved 02/25/1992 \_ri.,j i i 4 STC Approved 01/22/1991 CUP(Auto Sales)Approved 08/21/1990 ' ' roan 5 LUP(PD-H to PD-H1)Approved 12/31/1978 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The request for the Conditional Use Permit is, in Staff's opinion, acceptable given that the land use will be compatible with the existing businesses along this section of Lynnhaven Parkway. The proposed craft winery will operate within the existing shopping center with adequate parking spaces available on site. As stated above, this request is limited to the operation of the craft winery within Suite 113 of the shopping center. The wine tasting room that will be operating within the adjacent suites is permitted by right within the B-2 Zoning District. The Zoning Administrator reviewed the proposal and determined the proposal to be in compliance with the Zoning Ordinance. The site is located within the 70- 75 db DNL noise zone and within the APZ-2. The NAS Oceana Planning Liaison also reviewed the request and concurs with the Zoning Administrator determination that the use is in compliance with the AICUZ regulations. The Virginia Beach Winery, LLC Agenda Item 11 Page 2 Based on the considerations above, Staff recommends approval of this application, subject to the conditions noted below. Recommended Conditions 1. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Winery. 3. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 4. Music or live performances will only be allowed inside the establishment when all doors and windows are closed. 5. All signage on site shall meet the requirements of the City Zoning Ordinance.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. A sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 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. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no significant natural or cultural resources associated with this predominately impervious site, as it is developed with a shopping center. The Virginia Beach Winery, LLC Agenda Item 11 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 37,500 ADT1 55,500 ADT 1(LOS°"D") No change in traffic is expected2 'Average Daily Trips 2This use is expected within the strip shopping center °LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Parkway in the vicinity of this application is considered a six-lane divided major urban arterial. The existing infrastructure currently resides in a 95-foot right-of-way. The Master Transportation Plan proposes a six-lane facility within a 165-foot right-of-way. There are no Capital Improvement Projects slated for this segment of the roadway. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29, 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9, 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 May 3, 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 May 14, 2021. The Virginia Beach Winery, LLC Agenda Item 11 Page 4 Proposed Site Layout LYNNHAVEN PARKWAY i 11 N / f � 1 J The Virginia Beach Winery, LLC Agenda Item 11 Page 5 Proposed Floor Plan 1,5 2,0 1 , y7 ti.----) ..r. ..:. 3, 1 ei A-- 11 0 i IP \-- I A - \la ' ton1ll11111h ' I + I .. I! , -a, ..1 I ig s g fl I o - „ t 11111 . 0 , 1 I:1 Ili 4q3;.4 i 0 il. 1! 11 ilgl i 2 •4 M---.4 \ - ii tra)14\\% 4i 3 t3 12 so ti<1 , •1 , The Virginia Beach Winery, LLC Agenda Item 11 Page 6 Site Photos 1 Lynn 6 KARATE ,a�140„, i 1 0 ___----iniiiiiiiill!. , {Y1 5 a Y {ri R ititil :.:',:, .* '• - :-''' - The Virginia Beach Winery, LLC Agenda Item 11 Page 7 Disclosure Statement Disclosure Statement \33 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 The Virginia Beach Winery,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? I Yes C No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necesss'-yl Joshua A.Robison and Maria E Robison,Members • 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. 1II. The Virginia Beach Winery, LLC Agenda Item 11 Page 8 Disclosure Statement Disclosure Statement \13 Cry„-iro;,mBench 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 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I 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?is Yes 0 No • If yes,identify the firm and individual providing the service. Stephen Merritt 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 III No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes Ili No • If yes,identify the purchaser and purchaser's service providers. 2I The Virginia Beach Winery, LLC Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement 111/3 City af lIrstattirt Oche Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • if yes,identify the firm and individual providing the service. B. Is the applicant receiving teo)services in connection with the subject of the application or any business operating or to be operated on the property?I♦Yes 0 No • If yes,identify the 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. The Virginia Beach Winery,LLC By: Applicant Signature Maria E.Robison,Member Joshua A.Robison,Member t Print Name and Title January 28,2021 Date Is the applicant also the owner of the subject property? 0 Yes U 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•s of Date *nature `grim:,rr. Print Name Hoa N. Dao 3j The Virginia Beach Winery, LLC Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement \13 orid Planning&Community Development Owner Disclosure Owner Name Sifen Development Company,Inc.,a Virginia corporation Applicant Name The Virginia Beach Winery,LLC,a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?R Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael D.Sifen,President;Barry A.Sifen,Vice President/CFO;Donald R.Smith,Vice President;Larry K.Sifen,Secretary • 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 li No • If yes,what is the name of the official or employee and what is the nature of the interest? 'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5I The Virginia Beach Winery, LLC Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement 1/13 on orve *a. Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-cotlateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/reaftor for current and anticipated future sales of the subject property? ❑Yes i No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes , No • If yes,identify the firm and individual providing the service. 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 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?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 M.No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the suoject of the application or any business operating or to be operated on the property?it Yes ❑ No • If yes,identify the firm and individual providing the service. Martin Engineering 6 � The Virginia Beach Winery, LLC Agenda Item 11 Page 12 Disclosure Statement Disclosure Statement N/13 Clty Virgosix> 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 a No • If yes,identify the firm and individual providing legal the service. 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. / s1, Owner Signature Michael D.Sifen,President r Print Name and Title Date 7 ' ` The Virginia Beach Winery, LLC Agenda Item 11 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. The Virginia Beach Winery, LLC Agenda Item 11 Page 14 Item # 11 The Virginia Beach Winery, LLC [Applicant] Sifen Development Company, Inc. [Property Owner] Conditional Use Permit (Craft Winery) 1064 Lynnhaven Parkway, Suite 113 April 14, 2021 RECOMMENDED FOR APPROVAL —CONSENT Mr. Wall: Thank you Mr. Coston. The next item on the agenda is Number 11; the Virginia Beach Winery LLC is the Applicant, Sifen Development Company, property owner for a Conditional Use Permit Craft, Winery. Is there a representative for this item? Mr. Bourdon: Thank you again. For the record Eddie Bourdon, Virginia Beach attorney representing the applicant, Joshua and Maria Robison, the principles of Virginia Beach Winery who aren't here, I advised them that they could go back to work. We appreciate this application being placed on the Consent Agenda. All five conditions as recommended by staff are approved are acceptable to my client, and I appreciate Hoa's efforts on this application. Thank you. Mr. Wall: Thank you. Is there any opposition for this item to be on the Consent Agenda? Hearing none. we've asked Mr. Graham to read this into the record. Mr. Graham: Thank you. This application is for an 820 square foot craft winery and 8825 square foot wine tasting room. The applicant is seeking a Conditional Use Permit to allow its intended use as a craft winery. The property is located -- it's at 1064 Lynnhaven Parkway and Suites 110 through 113 in the Rose Hall District. The applicant has agreed to all conditions. Planning Commission agrees with Planning staff's recommendation to approve the application and therefore has placed Agenda Item 11 on the Consent Agenda. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. 1 Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by 2 Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. 3 Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Winery. 3. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 4. Music or live performances will only be allowed inside the establishment when all doors and windows are closed. 5. All signage on site shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 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. 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 11. rz'c- on on-ipl 10, ..,t,- opiii-- id . rap 0 0 o _ 9� a __�° — , =-moo d°' o AG2�� �� AG 1 11,:� o41—� o 0 rei 4 91 '11 4 F-i-r.---- Blackwater Loop A.G=2 / AG 2 ;. i ilik — ■ AG2 ��. . ,,Tp0� 0 i' 0U1111111 iIA o i AG2 vO C . I / ,� o AG2 ° _ _ alai ��.._ ° A G 1 N WA, Site Derrick & Nicole Howell , ,O Property_Polygons 5409 Blackwater Road s 1 S Zoning Building - i Feet Parking Lot Drive Aisle 0 80160 320 480 640 800 960 rct A:, CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: DERRICK & NICOLE HOWELL [Applicants & Property Owners] Conditional Use Permit (Outdoor Recreation Facility) for the property located at 5409 Blackwater Road (GPIN 1399121357). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: May 18, 2021 • Background: The applicant seeks an after-the-fact Conditional Use Permit for an Outdoor Recreation Facility (baseball field) on an 8.07-acre parcel zoned AG-2 Agricultural District which is developed with a single-family residence. The baseball field has been utilized by the applicant's children's baseball teams for games and practices since 2014. Based on a complaint, the applicant was informed of the need for the Conditional Use Permit and subsequently filed the application to rectify the oversight. The teams use the field for 16 weeks for evening weekday practices and weekend games. • Considerations: The subject agriculturally zoned property is located in the southern part of the City. If properly operated, the Planning Commission noted that the recreation facility could be a benefit to the community similar to public parks and fields, providing children a location for outdoor activities in an area that is otherwise lacking large outdoor recreational spaces. To ensure that the proposed use will not pose a detrimental impact to the surrounding properties, the recommended conditions are crafted to protect the character of the community while allowing for the outdoor recreational use. Planning Commission recommends approval of the request with modification to Conditions 1, 2, 4, and 10, and deletion of Conditions 7 and 8. These modifications and deletions are indicated by underlined and strikethrough text in the conditions, as noted below, and permit the use of banners/signs, an unlimited number of cars to be parked onsite, a limit of two games per weekend day, the installation of net at the applicant's discretion, and installation of a barrier to prohibit use of the shared driveway. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. During the review of this request, it was brought to Staff's attention that there are fences, structures, and driveways that were installed on the subject property without obtaining proper permits. Condition 12 is recommended to rectify this oversight. Derrick & Nicole Howell Page 2 of 3 There was one speaker in opposition and one speaker in support at the Planning Commission public hearing. The speaker in opposition who also submitted a letter of opposition lives adjacent to the subject property. The neighbor described concerns related to noise, traffic, and incompatible use. Staff also received 11 letters of support and an online petition with 2,285 signatures in support of the request. • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 8-1 . 1 . The organized use of the baseball field shall be limited to the hours between 5:00 p.m. to dusk, Monday through Friday, and between 9:00 a.m. to dusk on Saturday and Sunday. 2. The number of baseball games on the weekend shall be limited to one(1)game two, six inning games per day with the same two teams and no more than sixteen (16) weekends per calendar year. 3. The baseball field shall not be leased or rented for profit. 4. A net, minimum of 15 feet in height, shall may be installed along the southern portion of the property line for the entire length of the baseball field. 5. Outdoor lighting shall not be permitted. 6. Amplified music or audio speaker shall not be permitted. 7. be removed from the property. 8. No more than thirty (30) vehicles shall be permitted on site at any one time. 9. Parking for this use shall be limited to the subject property driveway and not within the public right-of-way. 10.A barrier shall be placed in a manner that impedes use of the shared driveway along Blackwater Road by those attending practices and games. During games and , 'radices, yehic fall access to s;T� ater 1 nor,. Vehi c- lar accesrs shall not be permitted from the shaarred driy fro Blackwater Road. 11 .Subject to Section 221(k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. Derrick & Nicole Howell Page 3 of 3 12. Prior to operation of the field, the applicant shall obtain all necessary permits from the City for improvements on site that were completed without obtaining the proper building or site development permit. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Letters of Support (11) Petition of Support (2,285 signatures— Provided via electronic PDF to City Council) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6'0 City Manager: /0( '--'2) Applicants& Property Owners Derrick & Nicole Howell Agenda Item Planning Commission Public Hearing April 14, 2021 City Council Election District Princess Anne 15 City of Virginia Beach Request Conditional Use Permit (Outdoor Recreation Facility) Staff Recommendation Approval f4 Staff Planner £ •p Hoa N. Dao Location 5409 Blackwater Road GPIN - P Jn�p F ,Y 1399121357 Mansfield Lane Site Size 8.07 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Z ,.rt e Single-family dwelling/AG-2 Agricultural 14, ,, 4 � Surrounding Land Uses and Zoning Districts ', _ •`rr �'�r ", .ti • s a., . ,- S r1 North Blackwater Loop , Single-family dwellings/AG-2 Agricultural �" ,y', South Single-family dwelling/AG-1 & AG-2 ' •�••`" ee Agricultural '=^ - East t F , a Blackwater Road y } Undeveloped land/AG-1 &AG-2 Agricultural a. West Single-family dwelling, religious use/AG-1 & AG-2 Agricultural Derrick & Nicole Howell Agenda Item 15 Page 1 Background & Summary of Proposal • The applicant seeks an after-the-fact Conditional Use Permit for an Outdoor Recreation Facility(baseball field) on an 8.07-acre parcel zoned AG-2 Agricultural District which is developed with a single-family residence. • The City received a complaint on the subject property in October 2020.The Zoning Office inspected the site and served the property owner with a Notice of Violation for operating the outdoor recreational facility without a Conditional Use Permit. • The applicant completed construction of the baseball field in 2014 and was unaware of the need for the Conditional Use Permit or site development permits and has submitted this request in order to rectify the oversight. • The baseball field is utilized for the applicant's childrens baseball teams. Practices are from 5:30 p.m.to 7:30 p.m., Monday through Friday and games are on the weekends during the baseball season,about 16 weekends per year. Zoning History # Request / • ��j,, 1 SVR Approved 12/10/2002 CUP(Alternative Residential Development)Approved 12 1 2/ 0/ 002 1 - -- - ea f_ ` l 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—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Conditional Use Permit request for an Outdoor Recreation Facility for a baseball field, in Staff's opinion, is acceptable.The subject property is a large eight-acre agricultural zoned parcel where this type of use is considered to be appropriate in the southern portion of the City. If properly operated,the recreation facility could be a benefit to the community similar to public parks and fields, providing children a location for outdoor activities in an area that is otherwise lacking large outdoor recreational spaces. The request has been reviewed by the Department of Agriculture Staff who noted concerns of potential noise and traffic impacts related to the proposed use. Blackwater Road is currently under capacity, however,there is no data available to determine the potential traffic impact of the proposed use at this time. During the review of this request, it was brought to Staff's attention that there are fences,structures,and driveways that were done on the subject property without obtaining proper permits from the City. Condition 12 is recommended to rectify this oversight.To ensure that the proposed use will not pose a detrimental impact to the surrounding properties,Staff recommends conditions to protect Derrick&Nicole Howell Agenda Item 15 Page 2 the character of the community,the outdoor recreational use, and the enjoyment of the adjacent property owners. In addition,Staff recommends that an annual review of the Conditional Use Permit be performed per Section 221(k)of the Zoning Ordinance to ensure compatibility with the neighborhood.The review will include a determination of whether the Outdoor Recreation Facility remains an acceptable use and that a continuation of the use poses no detrimental impact to public health,safety,and welfare. Based on the considerations above,Staff recommends approval of this request subject to the conditions noted below. Recommended Conditions 1. The organized use of the baseball field shall be limited to the hours between 5:00 p.m.to dusk, Monday through Friday,and between 9:00 a.m.to dusk on Saturday and Sunday. 2. The number of baseball games on the weekend shall be limited to one(1)game two,six inning games per day with the same two teams and no more than sixteen (16)weekends per calendar year. 3. The baseball field shall not be leased or rented for profit. 4. A net, minimum of 15 feet in height,s#4a44 may be installed along the southern portion of the property line for the entire length of the baseball field. 5. Outdoor lighting shall not be permitted. 6. Amplified music or audio speaker shall not be permitted. 7. • • • 8. 9. Parking for this use shall be limited to the subject property driveway and not within the public right-of-way. 10. A barrier shall be placed in a manner that impedes use of the shared driveway along Blackwater Road by those attending practices and games. During g nd practice ehicular s to site shall be limited to Bl__kw_ter 11. Subject to Section 221(k)of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval,shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 12. Prior to operation of the field,the applicant shall obtain all necessary permits from the City for improvements on site that were completed without obtaining the proper building or site development 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. Derrick&Nicole Howell Agenda Item 15 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities,wetland banks,fish farms, and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. 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 groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic i 1 a„ Existing Land Use 2—19 ADT Blackwater Road 2,800 ADT 12,000 ADT (LOS D") Proposed Land Use 3—No Data Available 'Average Daily Trips z as defined by a single-family 3 No information available in the °LOS=Level of Service dwelling ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Blackwater Road is a rural two-lane highway, and this segment is not shown on the Master Transportation Plan Map. There are no CIP projects in the site's vicinity. Public Utility Impacts Water City water is not available to this site. Impact on the private well will require Health Department approval. Sewer City sanitary sewer is not available. Any impact to an existing onsite sewage treatment facility requires Health Department approval. Public Outreach Information Planning Commission • One letter of opposition, eleven letters of support, and one petition of support with 2,285 signatures have been received by Staff. The opposition letter noting concerns related to noise,traffic, and incompatible use. Derrick& Nicole Howell Agenda Item 15 Page 4 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 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 March 29,2021. • 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 April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 2, 2021 and May 9,2021. • 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 May 3,2021. • 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 May 14,2021. Derrick&Nicole Howell Agenda Item 15 Page 5 Proposed Site Layout • �: , ikN 4 / Q l60 ..)? 1 1 1 0 rfo;` y \ ; I Ig evP• °''$ ' i.i \ . \\ s. \1 v i L- )7.4,7'. , 51.11 \*.f. . : 1 li IL' ' ' tIi Ii 1 1 1 Ni € X . %Ice r.._,....._, :r_... .__:=, ... ....:,-_-_-.:= - • iii. _ :_—==.7 i * •. J• V. i� a Elk • ol� It jI .-____ a . i cc Lu illy 1• .. o rf I 1— I; < ! .9 1> 6 1 le , i < ir..4 \• i 1 % il• • .0 co .inii fo I q z w /QU / .1 m \�! I , , ., 71 rri""r.r77/Vvry) t'. J� I/ I Y •t r R•• - J b l J . f . l 4 = V I /_ Y Derrick&Nicole Howell Agenda Item 15 Page 6 Site Photos 1 R } . = — 'e'-' "` ..,. r s..T - - - -yam _ _ _ _b -; A�,. �fi. -� ' ' - 6.r :. ..« fir: Derrick& Nicole Howell Agenda Item 15 Page 7 Site Photos ':� P rt'i { `F `},., ;: is, RRR f J. ��� �.� J \-/ l i • +yam.,,,i z�° :.. �e .i-,- . 1 7 ,: - �"l++a f- -, .. . J ,?'_ .F '' s -' �y. ! 3 t-- -i14 rt If s ,"�J/ C{? .n k} .a y3r 8� 1 t:.��., „;_t_,,4--,r;it ;,,_-;t_tw• .----;;,r, ., • ' h „:;.,:y ; ,,,L; .1 -11 -,"!;.;:•.•; --t;',;;;I::.;;;1?0,:::;..,:•_ •,,.,.,,,,,It-,74-itr,,,i,:-, .‘;',---__ '73:7-.;:',77"....z.1:"...:. -- ,-.*t„..--':.4.t:,,,,,,-1' 1 ..f, ,•-. --''• • , ue, T. _ • .: ur1_d �- v i• . , $a «i 1,--,-----;.!' --,..,'_-,,,,,.'.,,,,...,.1-, ,r,,,, ; 7,,.....1:4 4 - z 1 21-.--P:.a. .F r k� #91i'1_•IN1.!':{ i Kt, a �y r • r`,.- Derrick& AgendaNicole Item 15 PageHowell 8 Disclosure Statement Disclosure Statement \133 reyof i n Cwi; 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 Derrick&Nicole Howell Does the applicant have a representative? n 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 ®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 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(in)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. 1l Derrick & Nicole Howell Agenda Item 15 Page 9 Disclosure Statement Disclosure Statement 143 Cdy of liryi=Berl: 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 7 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property, ■Yes No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property,❑Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. 2I Derrick& Nicole Howell Agenda Item 15 Page 10 Disclosure Statement Disclosure Statement \43 Cay f . liormk Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating o- to be operated on the property?0 Yes • No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II 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?I 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. �-- / r % Applicant Signature Derrick Howell Nicole Howell Print Name and Title / lL/l/2t, ��' /1— //24/2V Date Is the applicant also the owner of the subject property? I Yes 0 No • !t 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 Oate 04.28.2021 Signature """t Name Hoa N. Dao 31 Derrick & Nicole Howell Agenda Item 15 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. Derrick&Nicole Howell Agenda Item 15 Page 12 Item # 15 Derrick& Nicole Howell [Applicants & Property Owners] Conditional Use Permit (Outdoor Recreation Facility) 5409 Blackwater Road April 14, 2021 RECOMMENDED FOR APPROVAL—HEARD Mr. Weiner: Right, thank you. Item 15. Madam Clerk: Agenda Item 15 is Derrick and Nicole Howell, an application for Conditional Use Permit, Outdoor Recreation Facility on property located at 5409 Blackwater Road in the Princess Anne District. Mr. Weiner: Mr. Bourdon, welcome back. One second, your mic is not catching. Try it again. Mr. Bourdon: Hello. Okay. I'm sorry. Eddie Bourdon, for the record, representing Derrick and Nicole Howell on this application for a Conditional Use Permit in an Agricultural Zoning District for Outdoor Recreational Use. First of all, Nicole and Derrick are here along with a number of their parents whose young men play baseball on their Field of Dreams in Blackwater. And so, they're all here, the ones that have taken off from work and I guess may have skipped school or yes, do we have school now? I guess -- oh, it's virtual school maybe. So, I previously provided this morning some reading material for all of you, including an article on the Blackwater Field of Dreams that was published in the Princess Anne Independent News. It will be exactly five years ago tomorrow. And it was a front- page story, I just printed out the story itself. The -- also nine exceptionally well written letters of support from neighbors of Derrick and Nicole and parents of young men who have played or are playing on one of the two teams that use this field for practice. And I've also provided you a petition, most with comments, from 2,285 supporters of this application. And this is a substantial, if not — well, it's clearly the majority of those people are residents of the southern part of the City of Virginia Beach, and the southern part of the City of Chesapeake. This application has overwhelming support from neighbors in Blackwater and also Pungo and Creeds on the other side of the river.The field built in 2014 has been a learning ground for young boys 9, 10, 11 and 12 years old; U-10, U-12 travel baseball players. Once they're 13, once they play on U-14 level, they're 13-and 14-year-old young men, they have to have a bigger field, this is not a regulation field. You could adjust the base pads for the difference between U- 10 and U-12. There are only two teams that use this field and they're coached by Derrick Howell and one of the other parents. And that field --the field is used on Monday, Tuesday, Wednesday and Thursdays for practice. It's not generally used on Friday. Hoa was nice enough to put Friday in there because 1 there are rain outs of practice, they will occasionally practice on Friday, but generally speaking they don't have practice on Friday. Games are held on the weekend. They travel, they're not all here. In fact, I think after-- is its last weekend or this coming weekend, there won't be any more games probably until the fall that -- unless they're rained out at this, if they get a lot of rain up in Williamsburg or Yorktown or somewhere, and they don't get it down here, they may play here, they may switch it and play here. But basically 16 weekends out of the year, there'll be a game and game means these are six inning games. So, the condition really, I think, should be clarified that there's -- they have a doubleheader,the same two teams play two six inning games on the same day back-to-back. So, 2 innings max, if you don't have the 5-run rule, the 10-run rule or the 15-run rule, which shortens a game to three, four or six innings --five innings, excuse me. So, it's not you're talking about -- the games don't start until 10 o'clock in the morning, no earlier than that. They're usually going to be over at 2 o'clock, 3 o'clock in that range. So that one condition, it's technically two 6-inning games but it's not different teams. It's the same two teams. So, there's no people coming and going. There are 36 weekends in the spring, the summer and the fall; that's 16 out of 36, there are 48 plus or minus in a year. So, it's not all year round by any stretch of imagination and the practices, there's some--the opponent has--which we're agreeing to condition to say that, we're agreeing to condition no lights, but the only time there are ever lights are temporary lights that Derrick brings out that he's got for his business. And in the last week in October, Daylight Savings Time changes;they stop playing baseball 10th--somewhere 10-15 days into November. So, you've got about three weeks when they would use temporary lights that are facing into the field and not somebody else's property. For those three weeks just for practice for an hour and a half once it gets dark. We're agreeing to the condition there won't be more lights, but that's the only time there were ever lights. Nobody's playing out there at night. So, I can't say more eloquently, and I've been doing this a long time, I cannot speak more eloquently than the people who wrote these letters. And I hope that some of you had a chance -- I'm not going to stand here and read them to you -- to read these letters. They are very moving. They're very well, well, well-written. And on the other issues on the conditions, the rest -- the Friday is not really a practice day but if there's a rain-out we don't want anybody saying, hey, we're out there practicing on Fridays because it gets rained out, a couple practices during the week. Number two, the same day, doubleheader of the same teams, 12 innings is basically one game, it can-- if it goes extra innings but that's -- it's actually two six-inning games, same teams. Number 7, that condition, there are -- the Howells and their wonderful, wonderful parents will tell you that, they have sponsors to help defray the cost of the team because they do travel to play and they take them on a trip, this year they're taking all the kids to Canton to the Hall of Fame. Did I say that, right? It's not Canton, I'm sorry. It's not Canton, that's football. It's Cooperstown. Mr. Tajan: Cooperstown. 2 Mr. Tajan: Cooperstown. Sorry, thank you, Bobby. It's Cooperstown. Gee, I'm losing my sports. So -- and these are sponsors, local businesses that's helped sponsor the team. And these boys grow up, they wind up playing for Kellam High School and/or they may be Hickory or somewhere in Southern Chesapeake. But they can't be --these banners are not visible from anywhere. You can't see them from any street unless you're up in a drone, you can't see them from the neighbor's house either. They're on the outfield bench and they face to the north,they don't face to the south. And they're not signage; they're not out on any street. So, I'm pretty confident that our ordinance doesn't prohibit those. All access comes off of Blackwater Loop, does not come off of the shared driveway on Blackwater Road. The parents all know and have for years, they do not access from Blackwater Road over the shared driveway. The vehicles always park and always have parked on the Howell's property, not in the public right- of-way, not on anybody else's property, not blocking anybody other than the Howell's. So, condition number eight, the 30 vehicles, generally speaking, that's a fair number. But after -- as far as what's been experienced over the six years that this has been used as a baseball field, but with COVID there has been a lot more people, parents, I'm assuming might just be parents, but grandparents, uncles, aunts that are coming to the games to see their niece, nephew, grandchild, whatever. But it's almost entirely family and the team are like family. So, there have been more cars, and there's plenty of room for the cars, we just don't want to get any — somebody saying oh, we counted 35 cars out there, you're violating your use permit. As long as we're not bothering anybody else with the parking of the vehicles, we're not in the public right-of-way, Blackwater Road is not--other than if you have a broken-down tractor or somebody ran into a ditch, generally not a major, major backup for vehicles getting in and out of Blackwater. So, we don't think the banner thing makes any sense. We're not going to put up any signs, there are no signs. We think that 30 vehicles is potentially problematic. But all of the other conditions are — and we appreciate staffs' work on this. They are all absolutely acceptable to Mr. and Mrs. Howell. There is also the likelihood that as their children growing older, it may only be one team there. This has never been used as a field for a league as the opponent has indicated, that's just complete balderdash. This last thing I'll say; there are two very, very nice lighted baseball diamonds on Head of River Road, probably less than a mile from here. And Mr. Howell and his other coach attempted a number of years ago to offer to take care of those fields, pay rent for those fields, or for a field, they're not trying to basically hoard the fields, but take care of a field, pay rent to the city for a field. The fields are not well used to say the least and were told you can't because you're not a little league team, you're a travel team. So, we've got two well-lit, very nice fields, very close to here that they can't use, cannot use, that are not like in the middle of Little Neck or Great Neck where people are clamouring to get on the fields. So, he took to -- look, we want to be a family; we will go spend the time, the money, the energy, the effort to put together what he's done here, which has been fantastic. And you look at all those letters of support for people all on Blackwater Loop all around there. They're good folks and they're doing a good thing, something our society needs at this point, and it always needs, but right now definitely needs. I'll be happy to answer any questions. 3 Mr. Weiner: Any questions for Mr. Bourdon? Mr. Alcaraz: Mr. Bourdon, just want to go back to the conditions. The banners, are those like the standard baseball banners they put on the outfield? Just for -- I mean these guys are going to be doing for some fundraising to help pay for whatever and they need those sponsors. Is that what you're talk -- is that what -- Mr. Bourdon: That's exactly I'm talking about. There are sponsors' banners that are hanging on the centerfield. Mr. Alcaraz: Inside of the field -- Mr. Bourdon: Inside the fence. Mr. Alcaraz: Three foot tall. Mr. Bourdon: Yes, sir. Exactly, they're not visible. The only place you see them is if you're standing there watching a game because unlike the letter, there are no bleachers. There have never been any bleachers as the gentleman alleges in his letter. Mr. Alcaraz: But nothing on like the dugouts or in the back -- Mr. Bourdon: There are no dugouts. Mr. Alcaraz: Okay, good for that. But nothing on the street or anything like that. I didn't know where there's been -- Mr. Bourdon: There's nothing hanging on the backstop. There's nothing. It's just on the centerfield fence. There are banners that are hanging there. Mr. Alcaraz: Yeah. All for the -- Mr. Bourdon: Yeah, you can see it on the picture that staffs got there. Mr. Alcaraz: For the partners that help. Mr. Bourdon: Exactly, the sponsors of the boy's team. That's exactly right. Mr. Alcaraz: Thank you. Mr. Weiner: Any other questions? Thank you, Mr. Bourdon, I'm sure we'll talk to you soon. Mr. Tajan: Thank you Mr. Chairman. Appreciate it. 4 Mr. Weiner: Madam Clerk? Madam Clerk: Mr. Chair, we have two speakers. Mr. Weiner: Okay. Madam Clerk: Mike Waterman and then Buddy Altman. Mr. Weiner: Welcome, sir. Mr. Waterman: Good afternoon. Thank you, ladies and gentlemen of the Planning Commission for the opportunity to speak today in favor of approval of the Conditional Use Permit. Mr. Weiner: State your name for the record, please. Mr. Waterman: Yes, sir. My name is Mike Waterman. Mr. Weiner: Thank you. Mr. Waterman: Sir, I'm also representing my wife, Dr. Jennifer Waterman, who wrote one of the letters of support, as well as the about approximately 20 families who use the field on a regular basis. I have two sons, ages 10 to 12, who both have played at this location for about two years. We consider ourselves to be an extremely fortunate to have found a family, a team and a location that provides such a positive and constructive environment for our kids to play the game they love. The Howells have provided a tremendous location where kids are taught lessons of teamwork, success, failure, discipline and the benefits of physical activity. All these things, all these opportunities are less and less now with a COVID restricted environment. So additionally, as a dentist, my wife is a dentist who submitted one of those letters. She has several dozen patients who have either played there now or have families that go there to watch games. And without exception, they just rave about the experience they have there and it's one to never be forgotten. It's really become an institution in local youth baseball circles. It truly is a field of dreams. This seems to really just be an argument of one person's personal complaints, frankly it seems petty and other is factually incorrect. And I just have trouble seeing how the issues of the crack of a bat, the occasional cheering and laughing of kids, some additional traffic every once in a while; how that outweighs the benefits of this resource that provides something so innocent and pure as kids playing baseball. While I understand some of these are inconveniences maybe for the neighbor, the overall benefits to the community and their children far outweigh these inconveniences. I would think that common sense dictates that there are logical compromises here that would maintain this invaluable facility for the community. 5 The Howell's themselves have sacrificed a tremendous amount of time, effort and their own money to establish this field for all of our families and for the community. They're clearly not in it for any financial profit whatsoever. Their interest is only to provide a safe and convenient place for our kids to play baseball. I strongly urge you to approve this request for a use permit, and to allow for this positive outlet to continue for the community.So, I thank you again for the opportunity to speak today. Mr. Weiner: Thank you, any questions? Thank you, sir. Madam Clerk: Buddy Altman. Mr. Weiner: Welcome, sir. Mr. Altman: Welcome and thank you for letting me put my take on this. First off, my name is Stuart Altman, Buddy is a nickname. My real name is Stuart. I live at 5433 Blackwater Road, which is the only adjoining neighbor to 5409. Every other neighbor is separated by a road; either Blackwater Loop or Blackwater Road. I have some -- not objections but I have some differences of opinion for what some of the statements that were made earlier by the former gentlemen. When I moved into the house in 2008, there was an empty lot on either side of our house. The property backs up to trees. I loved it. I had plenty of privacy. It was peace,tranquillity.There was minimal traffic on Blackwater Road. I loved the house, I loved the fact that I could go out in the backyard, and there was peace and quiet. You can hear the birds sing. And then that lasted for several years. Later on, as things would have it, a house was built on 5409. And we were not the previous owners, neither us nor the house or the previous owners, the original owners of this property. Apparently, the previous owners had some kind of joint effort where they wanted a horseshoe driveway on 5409. I called the city about this and the city said apparently there is some kind of city provision that says driveways on Blackwater Road cannot be more than X feet together because it disrupts the traffic flow on Blackwater Road. But the positioning of his septic and my septic has to be where the driveway was adjoined. That's how the thing started. On several occasions, I asked him not to build the adjoining driveway, I asked him to please cut down on the traffic because of the cars coming up and down the driveway, and that was met with rejection. They said that the driveway is no longer -- is not used for two-way traffic for the baseball field; that is physically incorrect. From 2014 until maybe two months ago, the driveway was used; the shared driveway was used for multiple cars. There were multiple times where myself, my wife could not even get up and down our own driveway from all the cars going up and down the driveway. Now apparently, the city said that the shared driveway was provisioned to keep away from disruption of traffic. If you have two families, each family might have, say four cars apiece, that's eight cars that could possibly leave at one time. And that's at two different places. Now, imagine 40 or 50 cars all leaving at the same time. That would be a lot more traffic disruption than just two houses with two 6 driveways. Now as you all well know, generally progression of a Conditional Use Permit is you approach the city, you give them plans and -- of what you plan on doing. This ball field has been in operation since 2014 with no permit. Mr. Weiner: Sir,thank you for your comments.Appreciate that.Any questions. Questions?Thank you. Mr. Altman: I have one more comment to make. If this permit goes through, I cannot take it anymore. My family will be forced to move. What about the resale of my house, who's going to buy a $700,000 house that backs up to a community baseball field with an adjoining driveway? Mr. Weiner: Thank you, sir. Mr. Bourdon? Mr. Bourdon: I'll offer an answer. A buyer who recognizes the value of a piece of property as being worth $700,000 and one who, like the majority of people in this room, in this country, love kids and love baseball. That's who, but that depends on whether the house is actually worth $700,000. I think it's gone up $50,000 in the last few weeks based on the letter I read. The shared driveway is an easement that was created when the properties were subdivided and it is equally on both properties. The only folks who ever have used that driveway other than my clients, the Howells, are possibly some people who have come from out of town to games with their children that don't know, that could have happened occasionally. My client has a -- he's invested, he's blocked it off, it doesn't happen, it won't happen under these conditions. The concerns of Mr. Altman, I don't believe were expressed until just the most recent past. I don't know the exact time but again, it's been there since 2014, the fall of 2014. It's been well publicized. And-- but I guess, not for the whole general public, it's just a very finite use. But the condition says it won't be used, and it won't be used, plain and simple. And I'm not going to get into an argument over how trapped he believes he was in his driveway and unable to get out. I find that a little difficult to believe but--and then reading the letter, constant traffic coming up and down the driveway which causes family to be blocked is in my view and in the view of all the folks here a fabrication. It's not--and he also talked about the ball field and the bleachers. There are no bleachers, have never been bleachers. Complaints about the chain link fencing. He's got chain link fence in his backyard, his backyard's chain link fence, kind of hard to put those two together. This is a great thing that they're doing, it's a great application and it's conditioned to make certain that Mr. Altman, enjoyment of his property isn't diminished; at least not to the point that someone who had a house worth $650,000 last month wouldn't be willing to pay it if it was worth it. I'll be happy to answer your questions. I hope you all will consider revising the conditions as I've indicated with regard to these banners, with regard to the number of cars. Again, they all will go out in the two accesses this property house from Blackwater Loop, not through Mr. Altman's 7 driveway and there's a barricade that's been up and will continue to be up. That will not permit that to happen when people are coming or going. Be happy to answer your questions. Mr. Weiner: Any questions for Mr. Bourdon? Mr. Graham has a question. Mr. Graham: The barricade, is that something that -- is that a condition? Mr. Bourdon: There's a condition that it not be used and the Howells have purchased a barricade. Any of you've been out there to see the field will have probably noticed that they put a — It's temporary, they put it up on the weekend -- Mr. Graham: When they have a game that day. Mr. Bourdon: Right, exactly. Mr. Graham: Okay, got it. Mr. Bourdon: And that's where the driveway forks. Obviously, we're not cutting off access to Mr. Altman using the driveway to get to his property. Mr. Graham: Okay. Mr. Weiner: Any other questions? Jack? Mr. Wall: It's just quick one about number one. And obviously, you're fine with the hours, but it's --and maybe this is more for staff. It's not that they can't use it, it can't be used for official practices, because I'd hate to limit and somebody couldn't use it before 5:00 pm and in the middle of the summer. I mean, some of these are kind of vague but -- Mr. Bourdon: You raise a very good point, Mr. Wall. Mr. Wall: Like, what's the use, official practice use? Mr. Tajan: It's the actual use of the field itself. Mr. Wall: Actual use? You can't even go out there to throw a baseball then? Mr. Tajan: Right. That's -- we're trying to limit the hours. I understand the concern about it being in the summertime, but we can -- Mr. Bourdon: My understanding was the organized game and organized practices were that -- were being limited, not my -- Mr. Wall: Not the use of-- 8 Mr. Bourdon: They've got a daughter who plays softball, they've got three sons. I mean, they go out there and they can -- it's on their property, they can go out and use it and they have a couple friends over. They can certainly use it. It's not organized, it's their -- but it's not the public. Yeah, that's good catch, Jack. Mr. Wall, I had no idea that would be what staff believed that that's going to sit there vacant, that the house can't even use their own property. Mr. Wall: But we can discuss, we can discuss. Okay. Okay, thank you. Mr. Weiner: Good, right. Mrs. Klein? Ms. Klein: Bobby, this question is for you. What do we know about the limitations placed on the neighborhood fields that this league cannot use? Mr. Tajan: I am not aware of those limitations that are from Parks and Recreation, Mr.-- Mr. Weiner: I can answer that. Ms. Klein: Okay, great. Mr. Weiner: I was the Director of girls' softball for Kempsville Rec Association for 10 years. And they had people to try to come in and use our field and Parks and Recs will not let you do that because it's owned by the city. So, Parks and Recs will not let you do that. It's an insurance thing. You're not signed up to play for the city. So, if you're not signed to play for the city, then you can't use their field. Another team can't use their field, nor will they rent it to somebody to a little league team or something. But I can't get into the leagues and all that, but I know the Parks and Recs won't let you do it unless it's a city organized team. Ms. Klein: Okay. I'll keep going then. So, I want to make it clear that I'm not trying to say that I don't like baseball or support children. I have one. But as someone who eventually wants to leave the dense residential area and move out to a more rural area, I can empathize with Mr. Altman having this nice serene area that Don so fiercely protects.And now all of a sudden,every weekend and a couple times a week during the year he has kids and families just descending upon the property. So, I hear those concerns what --who -- anyway, so I have concerns supporting the application without being able to come to some sort of compromise between the homeowners because the neighboring property is directly impacted by what happens on that property, home value aside, like he's --you don't move out into the middle of the country to have the noise that you would get in the neighborhoods, and at the same time I understand how the Howells want to be able to use their property that they purchased it. Like that's -- it's their property to use. And so, I'm very conflicted about moving forward on this. Because I appreciate where both sides are coming from and I feel deeply for Mr. Altman. 9 Mr. Weiner: Who's going to -- who's next? Mr. Horsley, you want to go? Mr. Horsley: Yeah. As a father who has had two sons that grew up playing baseball there's nothing that I would rather do than watch my boys play baseball when they were growing up. I mean, I'd rather do that than doing the thing myself. I mean, that's a pleasurable thing. And it's, I mean --it doesn't fit everybody, but you know that people really like that. And they--my two boys had grandparents who loved to do the same thing, and if they were playing ball, they were there, I'm telling you; it didn't matter where it was, and whatever. So, I can understand the way these parents feel. And oddly enough, and this is a little piece of history for folks, there used to be a baseball field right across the road on Blackwater Loop from this field. It was back in the -- I remember it when I came here in the 1970s and it was pre -- it was here a whole lot before I came here, and it was for the neighborhood kids to play ball, they didn't have another place to play and they would play. And some of them up there around the loops, they'll remember that because I think they've asked the Howells, is this going to replace the field it used to be here back when my daddy used to play here. So that's what it was. So, I mean, what they've done is a good thing. I'm sorry about the deal with the Parks and Rec, but I mean that's just the way it is. And I feel grateful that you've had some parent -- two parents that were willing to stick their neck out and proceed with this. They could have said, well, we just won't be able to do it, but they found a way to get it done. And I appreciate that. And I'm very familiar with this property, I farmed all of this property before either one of the homes were built there and dealt with the landowners and assisted them in getting their property subdivided and all when that happened, because they needed to get that done. And I hated to see any houses build there. But I mean, I understand and they were large lots and whatever. So, it was fine and the way it's developed, it has been fine. Even after these houses were built, right by the gentleman, Mr. Altman I think his name is, I farmed that little piece of land there six acres, because it was the only piece the people had left and I'd go in and farm it until -- till last year, I think it was first year, that that piece was sold. And somebody else has farmed it now but-- So, I'm very familiar with it and familiar with the neighbors. And then the people in the areas are saying what's going on with the ball field, who would object to kids playing ball? I said, well, if I ever done that somebody got rubbed raw a little bit at one time, but I thoroughly support the application. I mean, I would like to eliminate the condition about the banners. Number seven, I'd like to eliminate that entirely. And I either want to up that number of vehicles or eliminate the number eight where it says 30 vehicles because you put a number in there, like Mr. Bourdon said, somebody is going to be--the first thing you're going to do is that somebody's going to be counting and the Howells have five vehicles of their own they parked there, so that doesn't leave much room for error. And so, I would either want to extend that number considerably higher or either eliminate it because all the parking is on their property. That's their driveway, they were used -- that they were talking about using. I was told that that will not be used. I saw the barrier that he's gotten 10 and he stands it up in the driveway so that can't be used and -- but that was the way the property was subdivided in the beginning, that those two driveways would be together. And so, they're the two issues that I have. So far as the 15-foot net, I asked Mr. Howell -- I went to the property Saturday and walked the property and I asked Mr. Howell, I said, how far is it from home plate out to where the tree line is or to your property line? I think he says 280 or 300 feet. I said a 12- year-old if he can hit it out there, man, I would love to pat him on the back and shake his hand because that's pretty good. But I think that that issue is taken care of where some balls did get over on the other property that some of the older kids at that time but he says they've taken care of the older kids, don't—he didn't let them do that that type of batting practice anymore. But I will attest to that I have farmed a lot of property and golfers hit golf balls in my fields all the time and you know, but I don't get upset about it. They want to walk right in there and get them, they do. Most of them don't, they leave them out there. I'll pick them up and give them to the kids to play with. But baseball's more valuable than a golf ball. So —well, I am not a golfer. Maybe I got some golf ball you can use. But anyway, I just — I'd like -- offer those comments, I really appreciate what's taking place here. And Mr. Howells, I think his youngster -- youngest son is, I think, he told me was 10; he's got two or three more years left. And I said what are you going to do then? He said, we really don't know. I don't know if I'll continue coaching or not, or whatever. But I do think that this is a good, good project and it's got the support of most of all the people down there. It's not with one or two that don't support it. So, there my question about the netting and I got a question mark about that, because -- but he has consented that he would put it up. But there's -- telephone poles with a net strong crossed over aren't very pretty as far as I'm concerned if you're going to look at, be looking at it the middle of a field, but if that's what -- if that be the case, he has to do it. I think he will. He said he would do it. But the other two things, I would like to change those conditions. Mr. Weiner: Okay, sounds good. Jack? Mr. Wall: Can we -- Mr. Weiner: Put your mic -- microphone. Mr. Wall: So, if this does move forward, can we discuss a little bit about these conditions and possibly, what's the foundation for--so let's-- looking at the number maybe bouncing around but number eight and it seems kind of arbitrary and hard to enforce. It's only 16-- maximum 16 times, which it could be a lot but what is --what was the foundation, the background for that condition? Mr. Tajan: Do you mean condition number eight, Mr. Wall? Hoa will come up. Mr. Wall: Number eight, right, 30 vehicles on-site, any one time? Mr. Dao: That condition came up from my conversation with the applicant representative. I asked him how many -- approximately how many vehicles is going to be on-site at a given game or 11 practice and he told me it's going to be around 25 to 30 and I conditioned it to be the max number which is 30. And I believe he's indicating that number may be higher now. So, he's requesting that to be higher. Mr. Weiner: So, there's no rhyme or reason why it was 30 basically, what you're getting at? It's just-- Mr. Weiner: The applicant wanted 30. Mr. Tajan: It's an effort to try to reduce the traffic flow out there so as to keep down the noise. Mr. Weiner: Okay, I'm just curious. Okay. Mr. Wall: So, I'll keep going on that one then. So that actually came from the applicant initially and just looking at they feel maybe that might be too low. Don, what are your thoughts? Mr. Horsley: That's way too low. I mean if you're going to put a number, you need to put 50, if you want to put a number, if you -- I would rather just eliminate it because all the parking is done on his property and all the access is off of Blackwater Loop Road. None of it off Black— none of the that people come onto property off of Blackwater Road. So, I don't want to -- I would think that if you're going to put a number, I would suggest 50. Mr. Wall: So, you feel it's covered by number nine, which parking for this use shall be limited to the subject property driveway, not within the public roadway. Mr. Horsley: Right. So, all the parkings got--that means all parking has got to be on his property, can't be on the street or anything. And he's got room for all that parking. Mr. Weiner: Good. Whitney. Mr. Graham: I agree with Mr. Horsley. I mean, my son played travel baseball also, and it's great that there's this field down there. Talking about the net, Cooperstown which is 12-U, the fence is 200 feet and Pony Baseball, they recommend 175 to as far out as 275 for a fence. So, I think right now it is 300 feet. Mr. Horsley: He just estimated 280 to 300. Mr. Graham: Yeah. I mean I think that's probably fine rather than -- Mr. Horsley: That was to his property line? Mr. Graham: Yeah, I'd probably -- I don't know that the net is necessarily important. I agree. We either limit it to 50 or just strike it. I think the banners are fine.The hours, not being able to practice or play before 5 o'clock doesn't really make sense to me, especially during -- it gets dark at 5 12 o'clock in after-- yeah, later in October. So, I mean, to me that needs to be modified. And then, as a condition, I think the barrier that Mr. Howell bought that maybe that should be in there that there'd be a --that he would put the barrier up before games or even practices. I mean, that just seems fair; that protects the homeowner next door, but I'm going to support this. I think it's great that these people are doing this. I think it's important for these kids to have a place to play baseball. I understand, I've actually gone and tried to get baseball fields and practice fields, and it is so hard. And it's easy for somebody to say, oh, well, there's a field down there. It's not like that. I think it's great that they've done this, and I'm going to support this. Mr. Horsley: So far as that barrier goes, the number ten really takes care of that, I think. Mr. Weiner: Any other comments? Jack? Mr. Wall: Yeah. I'm just going to keep going. So, number one, so then that limits all use of that field. Can we modify that condition? Mr. Horsley: Yes. Mr. Wall: To -- I mean 9 to dusk would be -- you wouldn't expect that they'd be out there during the weekdays except during the summer. So, it's -- Mr. Horsley: Jack, I think the reason that was put in there, nine to dusk, I think when they organize practices now, Mr. Bourdon -- and correct me if I'm wrong, I think they're organized practices. That's probably when they occur. What I would assume parents are home from work, and they can bring the kids out there. But that's probably for organized practices is what -- Mr. Wall: Can we put—do we need to clarify that? If that's --can we make it 3:30 or 4? Mr. Horsley: I'd like to ask Mr. Bourdon. Mr. Tajan: Or just eliminate it? Mr. Horsley: Yeah, eliminate it. Mr. Bourdon: The times were times that the Howells gave me and I gave to Hoa when the team practices,that's the only time that we're talking about an influx of vehicles, parents, because some will drop off and come back but most will stay. So that's the only time when there's anything other than your normal activity that you'd have around a house with four kids would be--but when their kids are there, their friends are there, but it's not an organized practice with parents and what have you, I never envisioned that the idea of this condition was to restrict the Howells and their guests, not organize baseball using their own property. I'd never envisioned that that was the case. And that's why I didn't have any problem with the condition, because it was just for when there was something organized going on, whether it's games or practices. 13 Mr. Wall: Okay. Mr. Bourdon: So, I think it's a good condition as long as it's understood the way it was intended, that it deals with anything that's organized where they're not invitees, people that the Howells invite over, their kids invite over their friends, but I do -- I mean, I do think that for Mr. Altman's benefit that the Howells have no problem with, they won't have older kids playing Home Run Derby and hitting balls out of the property that -- and that I think had been -- at one point may have been a point of contention whether — again, whether if he wants the barrier up there, my client said they'll put it up. I don't know if I lived there that that I would want that. I mean, they've planted all these trees that are growing as it is, but that's something that maybe we can have conversation about with Mr. Altman. But the other there -- that's the only time that they have organized and that's why that condition was there. Mr. Wall: Okay, understood, thank you. The number two, two games, so that one is meant to be understood as two 6-inning games is what that's understood to be. Mr. Bourdon: Okay. Mr. Wall: The banners, we had a -- I think suggestion just to eliminate the condition for the banners, would that be -- Mr. Weiner: Yep, eliminate number seven. Mr. Wall: Eliminate number seven. Okay. Mr. Coston: Excuse me. Mr. Weiner: Mr. Coston. Mr. Coston: I'd like to backup a minute, if the one game is interpreted as two games that are 6 innings apiece, we need to say that. I mean, we're not going to be the ones --we may not be the ones enforcing this condition down the road someplace. Mr. Bourdon: Okay. You might want to add and then that the games involve the same two teams, because that's really the--that's the impact if you had different teams coming and going. So, it's two 6-inning games, which is what these younger boys play with the same two teams playing in those games. So, it's a doubleheader, but the same two teams. So, I think that's an important aspect of that condition that it not be two teams playing one game and then another team comes into play or another two teams come and play. It's the same team, so you only have one set of parents for the whole day. Mr. Weiner: Okay, anyone else? George? 14 Mr. Alcaraz: Mr. Bourdon,just at the number one condition, I'm just going to ask if this is suitable for everyone. Any organized use of the baseball field? Mr. Bourdon: Sure. And that would include -- I mean, any use that's just not-- Mr. Alcaraz: Any organized, so that way families that are throwing a ball, they're not going to be kicked off. Mr. Bourdon: Yeah. Mr. Alcaraz: Okay. Thank you. Mr. Bourdon: And while I'm up here, you can certainly add that barrier to the condition that says the driveway won't be used, a shared driveway, that the Howells will make sure that barrier is up at the end of their driveway where it turns into a shared driveway as a part of that condition. It's not a problem,just makes it clear that they'll go to that extent to make sure it's not used. Mr. Weiner: Any other comments? Jack? Mr. Wall: Yeah, I just want to state that I hope this in anyway doesn't really affect Mr. Altman's property. And I really do feel for him, because I -- you'd hope that you have good relationships with your neighbor, and it's great to have that good relationship, the bonding, chatting with them on a positive note every day is a good thing. And so, it's unfortunate that it is -- it's not in that place, but we -- I hope that it does come to that and I hope that it is -- you know that these conditions and maybe the Conditional Use Permit itself is, you know, helps to restore that in some way. But I think that it's a good application and I'm going to support it, of course. Mr. Weiner: Any other comments? I want to make one comment before we make a motion. I do feel sorry for the neighbor a little bit, but I mean, I'd feel sorrier if this was 2015. The field has been there since 2014 and this is 2021. I mean, I just -- I don't know, it should have happened a long time ago, my personal opinion. Ms. Klein: I have a response to that, because I've been considering that that very issue and intended to ask it. We don't know what steps the neighbors took to communicate. We have so many people come up here saying that they were operating Conditional Use Permit and they didn't know, or without a Conditional Use Permit and they didn't know that they were supposed to have one. So, my hope is that they've been trying to work it out themselves, and then it came to a point when Mr. Altman had to pursue any other action. Because I agree, it's been six or seven years, you would think this would have been addressed sooner. And so that is not to speak on behalf-- Mr. Weiner: I understand. So, I'm going to be supporting it but do we need a motion? Mr. Horsley: I'm ready whenever you are. 15 Mr. Weiner: Okay? Mr. Horsley: Okay, I'll make a motion the application be approved with the following changes. Number two would be limited to two 6-inning games with same teams per day. Number four with a net optional with the agreement of the neighbors, if that's possible; an optional net. Number seven, eliminate it completely. I guess for the sake of having some type of vehicle count, I guess we should put a number. I would --my preference is to eliminate eight completely and let number ten take care of it with the parking and all on the premises, if you all prefer. If you all prefer a number, let me know, but that's my preference. My preference is to eliminate the 30 vehicle number completely.And because parking is--number nine, it says parking is limited to the subject property driveway, and not within public right-of-way. So, it's all got to be on his property. So -- Mr. Weiner: Okay. Mr. Horsley: And number 10. I would just put a shared -- prohibited from the shared driveway from Blackwater Road by barrier and that would cover him, make sure his -- and the other--and I'd leave it alone. Mr. Weiner: All right. Mr. Inman, do you want to—turn your mic on, please. Mr. Inman, there you go. Mr. Inman: I was just going to suggest to Don on number four, couldn't we just add "if requested"? Mr. Horsley: Yeah. However, you want to word that, I don't want it to be mandatory that he's got to do it. Mr. Inman: Yeah. If requested by neighboring property. Mr. Horsley: Right, if the neighbor wants that. Mr. Tajan: We can't do that. We — it either needs to be a may be installed or you could put may be installed. Mr. Horsley: Okay. Mr. Tajan: We can't leave the decision or the condition in a way that leaves it between the negotiation between the neighbors. Mr. Inman: So, it's not a negotiation if the neighbor requests it. If the neighbor requested, you got to put it up. Mr. Horsley: Let's just put, instead of shall we put may, may be? Mr. Inman: Well, then that leaves it up to the property owner to say no. 16 Mr. Horsley: Right. Mr. Inman: Okay. Mr. Alcaraz: Mr. Horsley, can you or can I amend it with the number one that it's organized use? Mr. Horsley: Yeah. Mr. Alcaraz: Okay. Just want to make sure that. Mr. Horsley: Yeah, we should do that. I guess, I mean -- Mr. Alcaraz: So that there's some casual throwing. That's what I'm worried about. Mr. Horsley: Yeah. The use of baseball fields shall be limited to the hours of five to dusk; for organized practices, Monday through Friday. Mr. Wall: Organized uses? Mr. Horsley: Okay, organized. Okay. Mr. Wall: Did everybody catch that? Did you address seven also, was that? Mr. Horsley: Yeah, I eliminated seven. Mr. Alcaraz: I second. Mr. Weiner: So, the motion by Mr. Horsley with all the changes and seconded by Mr. Alcaraz. Madam Clerk: Mr. Alcaraz. Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham. Mr. Graham: Aye. Madam Clerk: Mr. Horsley. 17 Mr. Horsley: Aye. Madam Clerk: Mr. Inman. Mr. Inman: Aye. Madam Clerk: Ms. Klein. Ms. Klein. Nay. Madam Clerk: Ms. Oliver. Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall. Mr. Wall: Aye. Madam Clerk: Chairman Weiner. Mr. Weiner: Aye. Madam Clerk: By a recorded vote of eight in favor, one against, Agenda Item Number 15 has been recommended for approval with conditions 1, 2, 4, 7, 8 and 10 as modified. AYE 8 NAY 1 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein NAY Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The organized use of the baseball field shall be limited to the hours between 5:00 p.m. to dusk, Monday through Friday, and between 9:00 a.m. to dusk on Saturday and Sunday. 18 2. The number of baseball games on the weekend shall be limited to one(1)game two, six inning games per day with the same two teams and no more than sixteen (16) weekends per calendar year. 3. The baseball field shall not be leased or rented for profit. 4. A net, minimum of 15 feet in height, shall may be installed along the southern portion of the property line for the entire length of the baseball field. 5. Outdoor lighting shall not be permitted. 6. Amplified music or audio speaker shall not be permitted. 7. from the property. 8. No more than thirty (30\ hlcloc shall be ermitted . to at a ti." 9. Parking for this use shall be limited to the subject property driveway and not within the public right-of-way. 10. A barrier shall be placed in a manner that impedes use of the shared driveway along Blackwater Road by those attending practices and games. During games and practices, permitted from the shared driveway frem Blackwater Road. 11. Subject to Section 221(k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee to assure that the use does not conflict with any adjacent land uses. 12. Prior to operation of the field, the applicant shall obtain all necessary permits from the City for improvements on site that were completed without obtaining the proper building or site development 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. 19 Hoa N. Dao From: Buddy Altman <buddy_altman@yahoo.com> Sent: Monday, April 5, 2021 8:18 PM To: Hoa N. Dao Subject: request to deny conditional use permit for 5409 Blackwater Rd. Attachments: campgroundjpg; IMAG0874.jpg; IMAG0878.jpg; IMAG0880.jpg; IMAG0881.jpg; IMAG0883.jpg; IMAG1708.jpg; Parking.jpg CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you I recognize the sender and know the content is safe. Request for Denial of Conditional Use Permit for 5409 Blackwater Rd. Reasons for moving to Blackwater Rd. 1. Moved out of a culdesac in Chesapeake to get away from inconsiderate neighbors. 2. Our current home was on almost twenty cleared acres. No neighbors and backed up to trees. 3. Peace and quiet. 4. Deer and nature were plentiful all around. 5. Minimal traffic. 6. Privacy. 7. Relaxation. 8. Loved the home. Home was built on 5409 Blackwater road 1. Neighbor announced he was going to tie into our driveway. It is apparently a city ordinance controlling driveway spacing and traffic disruption on Blackwater Rd. Previously unknown to me, it must be in the planning commission for this to happen since some of our driveway is on his property. He had two access points to his home on Blackwater Loop. 2. Driveway is only around 1.5 feet on his property. 3. I asked him please do not tie into the driveway. It will cause problems. 4. I offered to buy the little amount of property the driveway was on his land. 5. He tied in anyway. 6. Problems have incurred every since as predicted. Problems caused by the installation of the baseball field. 1. Constant yelling and screaming of upwards of fifty people. Almost everyday in the summer. 2. Annoying "ping" of an aluminum bat over and over. 3. No privacy. People sit on bleachers facing our home causing uneasiness. 1 4. View of a port-a-john from our family-room windows. 5. No peace and quiet. 6. Have ran over or had to pick up a five gallon bucket of baseballs, golf balls, softballs, a frisbee, and other miscellaneous items in the last few years alone. Objects have damaged my mower blades, stretched the belts on my mower deck from the added stress of cutting baseballs and caused damage to my mower deck. I have done many repairs. 7. Constant traffic coming up and down the driveway even though there are two ways to exit on his side of the driveway exiting on Blackwater Loop. This has caused my family to be blocked from our own driveway access on many occasions. It is also not safe for our son to ride his bicycle on our driveway. 8. Traffic disruption on Blackwater Rd. from forty to fifty cars leaving at the same time. 9. In the fall, they install sports complex type lights. They shine directly on our home. The glare makes it almost impossible to watch TV. 1o. I was actually physically threatened by the ball field owner because I called the city to complain and found out he needed a permit. A police report was filed. �1. Owner had an event last summer. Baseball was played from eight in the morning until eight at night. People put up tents and had trailers down our property line and each campsite had a campfire. This disturbed the peace until around two in the morning. Police were called twice due to the loud disturbing noise. Reason's to deny permit for a baseball field at 5409 Blackwater Rd. 1. He has been illegally operating a baseball field without a permit for well over five years. 2. He continues to have games without a permit. Even after being directed from the city to cease until a permit is granted. 3. The ball field is a constant nuisance. 4. My family has lost the sanctity of our home. 5. No peace and quite. Unable to relax and enjoy the outside because of noise. lack of privacy and worrying about strangers scoping out our property and coming back later for notorious actions. 6. Constantly running over balls with the lawnmower or having to pick them up because the owners of 5409 are inconsiderate and fail to retrieve them. 7. Having an eyesore next door such as the port-a-john, ball field, bleachers, infield chain link backstop, bright lights in the fall and many other nuisance activities. 8. If the permit is granted I will have no choice but to sell my dream home because of the nuisance. My family cannot take the annoyance any more. Who is going to pay $650,000 for a home that has a "community center-like" baseball field next door with an adjoining driveway? Would you want to live beside this? 9. I have run over or had to stop cutting the grass to pick up eight base balls, a golf ball and what looks like a dogs toy just in the last two weeks (March 13th to March 21st. ) 1o. Zoning laws are in place for a reason. As a result, people should not be able to infringe upon other peoples rights to happiness and destroy the sanctity of their own home. 1. Our family home may now be unsalable due to the fact that a nuisance baseball field is right next door with an adjoining driveway. 2 Summary We respectfully request a denial for the conditional use permit for the operation of a community center base ball field supporting an entire league in the backyard beside our home. We have lost the sanctity of our home. The ball field is an eyesore and a nuisance making our home unsalable! Thank you for your time and patience dealing with this issue. Please respond to acknowledge receipt of this email. Pictures have been attached to provide visual evidence. Sincerely, Stewart F. Altman 5433 Blackwater Rd. 3 . , . . . . s v .• .''..i• .1.1.. i. . ,.. .1'". II• . ... . ... .... •.. .... c' t" ' -e• 1 ..1...: z-, , 0 e,. ii -.-.• 1 . - ..,__.• 4 ........ 1 : . , A ..,' , • ., .."P"- 0 ..*• ,.,1 -, P• t,.., i ....---....-- i•-•-•••••••—...- ,a, „.„,.,.,1, • _-r-7—.---- . , , ,----- ___ .._,t.......,..,=,..----- t.,!..:3 „•;-4 t .,---.. 1.------.-- .. . , .. -1•A• . , , ,, • .. .,,... : - =-..--7=-2- i . . ' :1,----- 4 , + - 4 --" --,"••11.4. '' "•• :-_- ......'4.1—•.1....1... •• I b -— ' t .141' C.,==4.-1.4.17.. . L A • -, - ....... .....,. 1 ... .. .1.,? . ,... , .4 ' — ..............—. 4-- . t .• 1 . -.. - ... .. . t.- 1 ni *. 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J , fir .----� I ' • ' - it'''! 4" -mod'.. _ rr!.!, i r 4 ' 1 I lifi**Ii'.?' i ' ' • . t -1.. • • ._ •. I:< r - _ 4G 4 If. E r,4 °ter w 0 / 6 •ell, _ 1 - .1.- ilklq..., - "V,- \ rr Nev.' . s, Pt. �'_• rF -� 'r/ • •''-c'aw. �~ - e are. r J. 1 r .416 . i . _. _ . ... _ , .ii ii,L, ;,... , ,. . _ L3 - - . II G' II g: R 4,' r 9 _.,RI.l'-... • 1. '4:1' t " . 1 * i ,. :, , „r as r. .,fi. II r 1-I :• � ;' - . ! +} 4 _ :t d: rg j. ,. ,4.,:::, i ,f',., -. , .- 4. ..' \ • III. V: ::,-ir 71 1#ii/ � • mil0;1.. , tioili,st . : , , 4 . . .. . ... .... ..... 2. id g ; to f .� r 1' ; I. - x l,"-4''''.',-...,'1,1''i.''.' .,,'÷k, i fit , • 0 '. (' ;, i s .fi t 1 E p i o ' Hoa N. Dao From: Anna &Art Chevalier <chevalier2404@gmail.com> Sent: Thursday, April 8, 2021 2:38 PM To: Hoa N. Dao Subject: Conditional Use Permit - 5409 Blackwater Rd. Follow Up Flag: Follow up Flag Status: Flagged j e i This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Virginia Beach City Councilmembers, I am writing to you today to share my thoughts on what the Blackwater Field of Dreams means to my family. Five years ago, I met Derrick and Nicole Howell at the time I had a 9-year-old, 7-year-old and brand new baby, all boys. We met on the ball field (naturally) and we quickly bonded. Over the course of these 5 years, we have grown to become great friends. We spend many days and nights together around the ball field and hanging out around the house.They have graciously opened up their home and field to my family. Because of that my children have made more memories than I can count at their home. Many of those memories do involve the baseball field but some do not. My oldest (who is not on the Knights baseball team) has memories of swimming in their pool and playing flashlight tag in the backyard. My youngest (again, not on the Knights team) has literally grown up there! He knows the field/house as "Coach Derrick's house". He has learned to walk there, he ate ice cream sandwiches (for the first time) in their backyard, he plays basketball on their basketball court. You see,the baseball field is just part of Derrick and Nicole Howell's home. They had a dream for their children to have a safe space to play baseball. Never did they know that their little field would create this space for countless children to make lifetime memories. I am fortunate to say my children have those memories! Over the course of these 5 years, I have never had the opportunity to meet the complainant neighbor. However, I have had the opportunity to meet Mark (another neighbor) and his dog. They wander over frequently during practices and games. He will come by to chat about the boys, our game schedule and just how the season is going for the team. Additionally, over these 5 years, I have frequented the Blackwater Market (once it was reopened). We are almost always wearing some type of Knights shirt or hat and therefore the employees know we are stocking up on snacks for a practice or game. They often ask how the game is going or how the season is going. My perception of the environment in Blackwater is that they are in support of the field and that they are grateful children have a safe space to be kids! My only(indirect) interaction with the complainant neighbor came after the campout the Howell's had for our team in their backyard in which he woke up sleeping children and adults by revving his motorcycle engine at 6am for about 10 minutes. In a world where there is not enough space for children to be outside and just be kids. Please don't take away the safe space that Derrick and Nicole Howell have created. I implore you to consider allowing us to keep the field open. They are good people who just had a dream. Please do not take away this dream because a couple of people are resistant. Cordially, The Chevalier Family 1 Art,Anna,George, Ben and James Anna Chevalier Mommy to 3 cRaZY boys! **757-368-0753 757-575-3849 2 Hoa N. Dao From: Jim Tauchen <blackwatermud@gmail.com> Sent: Thursday,April 8, 2021 10:50 AM To: Hoa N. Dao Subject: Gpin 1399121357. 5409 Blackwater rd.2020-pccc 00338 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. .4 / o e✓AvM 1- r,ia3r cart c•r-r A hi; 1-1, teCAftct/nay /Npv:n , a.he / s Of R ; 1; :S o,re ; n. +Lete. k "..e.s more.. 4 c-1 j' f.c../ //s e,y , .e4 Me. Coca--door S ea.S 1..Jc1/. b..:k! q tv_/1 ro n did o, d o be sc.ew4. .1. oc p- 1,....#s1. y -c cot. "-N5e- k:(L5 'l-o Sce... i4.z.", o v-4-et. oat+ S a IA lL2 $ n - ,e.rt a►.�-1.fie c-, itb.);1-:e$ co Srvt reS1-�e,.t -{Ine.re -P ee.5, £ v er y i-: Me_ I hecA..t- a. bass: !/ kc I I , h i+ and h a fti -1-cal_rm S e b: fir-e." a-o. . PO.►et-K45 t?Leyr. r !oar a.. 6ctisC P h, dr Q.t.. 0..)4-` I Teel /iu►i6(ca and biR$,ted /rs o, 4iruc p f Pe*))4,4:c heel` A sey/,fe.," a. ,rd See ,,efl*etness. .- Sce_ s veil ct Ai 4-y i n mere_ -F /e 4 S `#s,,,it. f U,or-k e A- '{-{A c fro t o e. ca, $k ems u r 4... fr o.v e._ JtAl.q.344 a.-S _•, __ _ -. ___ _A/x;(7!i bars. 1 _ .__._.. _-_ - g Sent from my iPhone 1 Hoa N. Dao From: JENNIFER TUGGLE <jtuggle@familiesfirstofva.com> Sent: Friday, April 9, 2021 5:25 PM To: Hoa N. Dao Subject: Conditional Use Permit Application for 5409 Blackwater Rd., Virginia Beach, VA 23457 (Howell) 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. Mayor and Members of the City Council: I am writing you to express my support for the application and use of the "Blackwater Field of Dreams" coming before you on April 14th. My two sons,Vance &Wyatt are currently playing in their third year of travel baseball with this beautiful field being their home field. When my boys were 8 years old and we were first looking for a baseball team to be a part of there were a lot of things to consider, but nothing more important than the safety of and the community we were joining. The day we met our head coaches (Chris White and Derrick Howell-owner of the property) we knew we found something special. These two fathers had not only passion for the game, but a desire to help their community as well. They know how the local community of baseball can be at times and wanted to make it special for their sons and the boys that joined their team. Simply put,this team isn't like the organizations most of the average teams here locally are. It's small, and it's a family. It's about building young men up,teaching them respect, self control, and team work. These two coaches dedicate an enormous amount of time each week doing just this, and its not an easy job to keep 10-12 young kids focused and engaged. However,they do it and they do it well. My boys have grown exponentially in these past three seasons. They absolutely love their team, and their coaches. I am asking for your support to continue this opportunity for our children. Blackwater Field of Dreams is an absolute blessing to the city of Virginia Beach and is well known and loved by not only residents of Pungo and Strawbridge area, but by other families that have come to play baseball here. What you would find during a baseball game here is families enjoying time together, and young boys participating in positive healthy activities. It is literally the kind of relationships you pray your children have. In my line of work especially, I wish more of this was available. There has never been a time it's needed more than now. Thank you in advance for your time and consideration. Respectfully, Jennifer Tuggle, LCSW, NTP Executive Director Families First of Virginia. Inc. 4701 Columbus Street Suite 305 Virginia Beach, VA 23462 757.689.3818 ext. 103 "Be the change you wish to see in the world" -Gandhi 1 Waterman Jennifer R Waterman DDS ATLANTIC A !•, I ! '� S i. 4 H ATL N vie April 8, 2021 Department of Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 To the Planning Department and City Council members of Virginia Beach, My name is Dr.Jennifer Waterman, owner of Waterman Family Dentistry located at 525 N. Great Neck Road, in Virginia Beach. I am writing in support of the application for a conditional use permit for a baseball field located at 5409 Blackwater Road. I have two sons, ages 10 and 12,who have both played on teams based at this location for two years. We consider ourselves to be extremely fortunate to have found a family,team, and location who provide such a positive and constructive environment for kids to play the game they love.The Howell's have provided a tremendous location where kids are taught invaluable lessons such as teamwork, success, failure, hard work, discipline, and the benefits of physical activity.There continue to be less and less of these opportunities for kids, especially in a COVID-restricted environment. Additionally, as a dentist I have over a dozen patients who have played or attended games at the field. Without exception,they all talk about the experience as an unforgettable event and a venue that will never be forgotten. It has almost become an institution in local youth baseball circles, truly a "Blackwater Field of Dreams". While I understand the requirement for conditional use permit and some of the comments from the neighbor's complaints,the overall benefits to the community and their children far outweigh these inconveniences.There are logical compromises that would maintain this invaluable facility for the community. The Howell's have sacrificed a tremendous amount of time, effort, and their own money to establish and maintain this community resource.They are clear{y' net it, it for financial profit.Their interest is only to provide a safe and convenient place for kids to play baseball. I strongly urge to approve this request for a use permit to allow for this positive outlet to continue for the benefit of our city's youth. Sincerely, a /ems I M♦ 1 ,-y r.� ill ennifer R.Waterman 525 North Great Neck Road Virginia Beach,VA 23454 WatermanDDS@gmail.com 757-340-8155 www.watermandentistry.com rdr 4 . Community Psychological Resources Marcia Samuels,Psy.D. 919 W. 21s1 Street. Suite B. Norfolk VA 23517 Christine Work,LPC,LMFT,RN Mark A.D.Long,Ed.D. Telephone (757) 622-6794 Roberta Mohler,LCSW Fax (757) 626-1509 Cara Mathews,LCSW Lisa F.Leon.Psy.D. Sheila McElmuny,LCSW Rodolfo M.Escobar,Jr.,LPC L.Layla Gray,LPC Janelle Mason,Ph.D. Tesha Thornton,LPC Adelia F.Gregoire,Psy.D. Louis J.Miller,Psy.D. Lynne Dell'Acqua,LCSW Karen Woodhouse,LCSW Jessica Richards,LPC February 22, 2021 Jennifer Aguado,LPC,CSAC Robin Coley Woofing,LPC,ATR Krista Everett,LCSW RE: Coach Derek Howell Shannon Cray,Psy.D. Field of Dreams Baseball 5409 Blackwater Rd Virginia Beach,Va 23457 City of Virginia Beach Council Members: The purpose of this letter is to provide support for Coach Derek Howell and the continued operation of Field of Dreams Park. For over 20 years I have served our local community as a mental health practitioner. I am a father and have coached soccer for over a decade.As a Licensed Clinical Psychologist,I understand the significant,positive, impact sports have on our children. As a Licensed Psychologist,I have personally witnessed the negative impact children experience when they have no outlets to mitigate the stressors that children often experience. Sports,are an excellent outlet where children learn to cooperate with others,learn perseverance, improve their physical health, and learn lessons and create friendships that will last a lifetime. Council members,we are in unprecedented times and the amount of loss that our children have experienced, in the last year, has been devastating. Sports and specifically baseball,have provided some semblance of routine and fun that children so desperately need to maintain their mental health. As you decide on the future of the Field of Dreams Park,please consider the loss our local children would continue to experience and the negative impact these changes could have on the mental health of the children who have used this field for the last several years. Very Respectfully, ra , M.S.,M.S.,Psy. D Psychologist yland COMMONWEALTH OF VIRGINIA HOUSE OF DELEGATES J�. RICHMOND I i R BARRY D. KNIGHT COMMITTEE ASSIGNMENTS: GENERAL LAWS 1 552 MILL LANDING ROAD VIRGINIA BEACH, VIRGINIA 23457 APPROPRIATIONS NS CHESAPEAKE AND NATURAL RESOURCES EIGHTY-FIRST DISTRICT RULES April 21, 2016 Mr. Derrick Howell s409 aIack Ater Road Virginia Beach,VA 23457 Dear Mr. Howell: As I was reading the paper, I came upon an article in the Princess Anne Independent about you. Congratulations on a great story about your Blackwater Field of Dreams! I loved reading your story about growing up loving the movie and then having a dream of a baiifield yourself. I've always been a big fan of baseball and coached my sons growing up. My wife and I continued playing softball to keep our game alive. I hope your children and family love having it, and I imagine the Titans enjoy using it as well. Again, congratulations on a great story about your Blackwater Field of Dreams! Please contact my office if there is anything that I can do to assist you on a state issue both personally or professionally. Is this heaven? Nape it's Blackwater. 16far_e; est Regarrd — _ ILQ Barry D.IKnit f Delegate, 81st District DISTRICT: (757) 4E6-6357 • RICHMOND: (504) 695-IOS I • E-MAIL: DELBKNIGHT@HOUSE.VIRGINIA.GOV From: Lena Sexton Sent: Friday,April 9,2021 5:32 PM To:Nicoleh614@gmail.com Subject: Fwd: Field of Dreams Sent from my iPhone Begin forwarded message: From:Lena Sexton<Isexton2@cox.net> Date:April 1,2021 at 12:48:19 PM EDT To: bhenley@vbgov.com Subject:Field of Dreams Mrs.Henley, Please share this with the other council members at the April 14 Meeting. We live on Blackwater Road and are neighbors of Derrick and Nicole Howell living across the street from their residence. It is our understanding there is a possibility of Blackwater Field of Dreams being closed down. We haven't had any issues with noise or traffic related to children playing baseball on this field. It is our belief that anything we,as adults,can do to keep children off the streets and physically active is in the best interest of all concerned. Please find it in your hearts to allow this couple to continue offering this worthwhile activity to these children. Thank you, Lou and Lena Sexton Sent from my iPad March 17, 2021 The Virginia Beach Mayor and City Council 2401 Courthouse Drive City Hall, Building #1, Room 281 Municipal Center Virginia Beach, VA 23456 Subject: Conditional Use Permit for 5409 Blackwater Rd, Virginia Beach, VA 23457 Dear Mr. Mayor and Members of the City Council: I am writing to you today to express my position on the Conditional Use Permit for"The Field of Dreams" baseball field in Blackwater being discussed at Council. This baseball field has impacted hundreds of players and their families over the years. "Field of Dreams" is more than just a baseball field. It is a place where kids get to be kids and learn how to be good citizens. They learn what it means to be a part of a team and experience first hand how dedication and effort impact their success. When they are on this field, they are not getting in trouble, or playing video games. Countless families come together and experience the outdoors here. Derrick and Nicole Howell pour their hearts into this field. They spend their own time and money maintaining it. Their property is always clean and free of trash. The Howells work hard to ensure a location for games and practices to safely take place. Neighbors are not affected by parking as it is done on site. In fact, many stop by on the weekends to enjoy and partake in the cheering on of the players. Thank you for your time and consideration in this matter! Very Respec tful�c_,._ Robert and Kristyn Doran 1549 Back Bay Landing Rd Virginia Beach, VA 23457 April 9, 2021 Subject:Conditional Use Permit(Outdoor Recreation Facility) 5409 Blackwater Road To: Virginia Beach Planning Commission My son has been a member of the Virginia Beach Knight's baseball team, now 12U, for the past four years and has had the privilege of playing ball at the Blackwater field. He has matured and grown as a baseball player and a young man thanks in part to the opportunity provided to participate in sports at the Howell's baseball field.The field has served many kids and families from the community,offering a safe and structured recreational outlet for kids to learn the game of baseball and the life lessons that accompany playing sports. The Howell's are a great family and through the years they have provided a place for kids to play sports and learn fundamental life virtues like dedication, discipline, effort, perseverance and sportsmanship as well as experience the joys brought on by spirited competition.The Howell's have opened their property to countless families in the area for their sons to participate in the great game of baseball.They have graciously hosted games and personally subsidized the costs associated with keeping the field in good condition for competitive baseball. For the entire time that we've played at the Blackwater field,the Howell's have been respectful of the neighbors,their property is always well manicured with the lawn trimmed, and the games are always during the daytime with weekend games completed well before dusk. We appreciate your time and wish I could have attended the public hearing in person but was unable to due to my work.We are 100%in support of granting the Conditional Use Permit for the baseball field continuance for the players of tomorrow and for all the good that it does for the Virginia Beach community. Sincerely, cep O'Z Fred Alley From: Melissa White Sent: Friday,April 9, 2021 5:40 PM To: Nicole Howell Subject: Fwd: Blackwater field of dreams Sent from my iPhone Begin forwarded message: From: Melissa White<perkyone7604tayahoo.com> Date: April 6, 2021 at 9:43:35 PM EDT To:citycouncilevbgov.com Subject:Blackwater field of dreams Good evening, o I wanted to reach out to please encourage you to allow the field on Blackwater Field of Dreams to stay.The kids have enjoyed playing there. It is a great place for kids to have fun and stay out of trouble.The kids practice there during the week and play games maybe a couple times a month. We don't play every weekend nor any earlier that 10.The parents from both teams are respectful and do not park anywhere near their side. In fact the owners have put up a barrier so the parents can't access that way to the field.As for balls going in their yard I have had my own child yelled and cussed at from this neighbor when trying to retrieve a ball from his 6 acre home.This is not a pleasant man and in fact I think it is hilarious that a man that never comes out of his home ever,goes on Facebook to steal pictures to provide for you.We actually tried to do a camp out with the kids in the fall.Just to do a bonding experience for the kids. We had 1 fire and multiple tents and by 9 he was calling the cops.The kids loved this experience to have with their friends/teammates. I hope that you can see that this is an unpleasant man that has it out for their neighbor for other reasons and to not punish our kids. Not one other neighbor has complained!Thank you for your time! V/R Concerned Parent Sent from my iPhone From: Melissa Sent: Friday,April 9, 2021 5:41 PM To: Nicole Howell Subject: Fwd: Field of Dreams Sent from my iPhone Begin forwarded message: From: Melissa White<melissa.white217@yahoo.com> Date:April 1, 2021 at 8:15:42 PM EDT To:citycouncil@vbgov.com Subject: Field of Dreams Good evening, I wanted to reach out to you all about he Field of Dreams. My 2 boys play on this field and my oldest is going on 4 years.This field has brought so much joy to my boys,family and many more.This field is also well kept by the owners.They provide everything for this field to be maintained.These are good people that are just trying to have a place for the kids to play.They don't make money for having games or anything.They do this out of their own good heart. I am begging you to not let ONE neighbor and that is all that it is, ruin this for our children.We have been to all the other neighbors and there is no complaint, in fact multiple other neighbors come and enjoy the games. Please allow the kids to continue to play. Thank you for your time. Sincerely, Melissa White C ^- ek1 H`1•Yi�7� N fsi ii CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: AN ORDINANCE TO AMEND SECTIONS 207 AND 232 OF THE CITY ZONING ORDINANCE PERTAINING TO COMMUNICATION TOWERS, SMALL CELL FACILITIES, AND BUILDING MOUNTED ANTENNAS. MEETING DATE: May 18, 2021 • Background: This proposed ordinance will bring the Zoning Ordinance into consistency with State and Federal regulations at this time regarding the review and associated fees for communication towers. The ordinance will distinguish between an administrative and standard review process. The administrative process will be for communication towers less than fifty (50)feet in height and will have an associated fee of three-hundred-and-fifty (350) dollars. A communication tower over fifty (50) feet in height will go through the standard review process, much like that for a conditional use permit, and will have an associated fee of one-thousand-fifty (1 ,050) dollars. Additionally, the City Zoning Ordinance will align with state and federal requirements that visual tests (balloons) are no longer required, however, may be provided if the applicant chooses. This ordinance does not affect small cell towers, which remain a by-right use. • Considerations: This ordinance will bring the Virginia Beach City Code into compliance with all State and Federal regulations for communication towers. The amendment will update the existing language and relocate some sections so that the Zoning Ordinance is consistent with other legislation. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach — Communication Tower Review & Fees Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. *.7 Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 207 AND 2 232 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO COMMUNICATION TOWERS 4 5 Sections Amended: §§ 207 and 232 of the City Zoning 6 Ordinance 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 207 and 232 of the City Zoning Ordinance are hereby amended and 15 reordained to read as follows: 16 17 Sec. 207. - Building-mounted antennas, small wireless facilities and temporary 18 communication towers. 19 20 (a) The following provisions shall apply to building-mounted antennas in all districts 21 in which they are permitted, unless otherwise provided by conditional use permit: 22 (1) Antennas shall, through the use of screening, colorization, placement, 23 design, or any combination thereof, be as visually unobtrusive as is 24 reasonably practicable; 25 26 . . . . 27 28 (b) The following provisions shall apply to small wireless facilities placed on an 29 existing structure, other than those located on public rights-of-way or other public 30 property or in the interior of a building, in all districts in which they are permitted: 31 32 (1) Application requirements. Applications for small wireless facilities may 33 encompass multiple sites up to thirty-five (35) on a single application, 34 provided that all such sites are located within a single, discrete area of the 35 city. Applications shall include: (i) a plan showing the proposed location by 36 Geographic Parcel Identification Number (GPIN) of each small wireless 37 facility, and a diagram or other suitable representation of the proposed 38 location of each such facility on a building or structure, showing the 39 dimensions of each facility, its height from ground level and the type of 40 building or structure on which each such facility is to be affixed; (ii) 41 photographs or accurate renderings, including correct colors and exact 42 dimensions, of each type of proposed small wireless facility; (iii) a 43 statement signed by a professional engineer licensed in the 44 Commonwealth of Virginia the proposed facilities comply with all 45 applicable Federal Communications Commission regulations, including, 46 without limitation, regulations pertaining to the emission of radio frequency 47 radiation; and (iv) such additional information as the planning director may 48 reasonably require in order to determine whether the requirements of this 49 section are met. 50 51 (2) Such facilities should attempt to be substantially concealed from view by 52 means of painting or tinting to match the surface of the building or other 53 structure to which they are affixed or by other suitable method, such as by 54 flush-mounting or integration into the design elements of the building or 55 structure. 56 57 (c) Special provisions for temporary communication towers. Temporary 58 communication towers meeting the requirements of this subsection shall be 59 allowed as principal uses where so provided by the regulations of the district in 60 which they are located: 61 62 . . . . 63 64 (8) Unless allowed by conditional use permit, no No temporary 65 communication tower shall be allowed east of Pacific Avenue from 4th 66 Street to 42nd Street. 67 . . . . 68 69 Sec. 232. — Communication towers; communication 70 towers affixed to electric transmission line structures; small cell facilities. 71 72 (k) Locational and design requirements. In determining whether to grant or deny an 73 application under administrative review or standard process for a communication 74 tower or other wireless telecommunications equipment, the city council or Planning 75 Department staff shall give primary consideration to the following factors: 76 77 . . . . 78 79 (2) Whether the applicant proposes to locate a new structure or to co-locate a 80 wireless facility, in an area where all cable and public utility facilities are 81 required to be placed underground by a date certain or encouraged to be 82 undergrounded as part of a transportation improvement project or rezoning 83 proceeding as set forth in objectives contained in a comprehensive plan, if: 84 85 . . . . 86 87 b. The locality city allows co-location. . . . 88 89 c. The locality city allows the replacement. . . . 90 91 (n) Reporting. That any publicly-owned. . .provide to the Department of Housing 92 Planning and Community Development a report. . . 93 94 (s) Special provisions for communication towers affixed to electric transmission line 95 structures and building-mounted antennas. 96 97 98 99 (2) Communication towers affixed to electric transmission line structures and 100 building mounted structures not meeting the applicable requirements of this 101 section maw--be-permitted -Gond ional uses where so provided b„ the 102 regulations of the district in which they are located. 103 104 (t) Temporary communication towers not meeting the requirements of section 207 may 105 106 which they arc located. Small wireless facilities not placed on existing structures may be 107 allowed as conditional uses where so provided by the regulations of the district in which 108 they are located. 109 110 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 111 of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c-4-:-/ 11 Planning De rtment City Attorneys Office CA15366 R-1 March 31, 2021 Applicant City of Virginia Beach Planning Commission Public Hearing April 14, 2021 Agenda Item gli Regulations for Communication Towers, Small Cell ; �' Facilities and Building Mounted Antennas 3 Virginia Beach Request An Ordinance to amend Sections 207 and 232 of the City Zoning Ordinance pertaining to communication towers,small cell facilities,and building mounted antennas. Summary of Referred Ordinances This Ordinance amends Sections 207 and 232 of the City Zoning Ordinance regarding the review and associated fees,and the regulations for communication towers.This ordinance makes the Zoning Ordinance consistent with state and federal regulations at this time regarding communication towers.The ordinance will be amended to reflect the administrative and the traditional review processes and the criteria that must be met for each.A tower less than fifty(50)feet in height is eligible for an administrative review process,with an associated fee of$350.00.A tower fifty(50)feet or greater in height requires a Conditional Use Permit to be approved by City Council.The fee associated with that process is $1,050.00.This amendment also details the review period staff has when processing administrative review applications (cell towers less than fifty(50)feet in height).To align with state and federal code,the requirement for visual tests (balloon)are no longer required however may be provided if the applicant chooses to provide the test.This ordinance does not affect small cell towers,which remain a by-right use. Recommendation Staff recommends approval of this amendment.The ordinance will make the City's Zoning Ordinance compliant with all State and Federal regulations at this time for communications.The amendment will clean-up the existing language and move some sections so that the Zoning Ordinance is consistent with other legislation. City of Virginia Beach Agenda Item 3 Page 1 Item # 3 City of Virginia Beach —An Ordinance to Amend Sections 207 and 232 of the City Zoning Ordinance Pertaining to Communication Towers, Small Cell Facilities and Building Mounted Antenna April 14, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Is there any opposition for this item to be placed on the Consent Agenda? Good, thank you. The next agenda item is Agenda Item Number 3, City of Virginia Beach; an Ordinance to amend sections 207 and 232 of the City's Zoning Ordinance pertaining to communication towers, small cell facilities and building mounted antenna. Is there a representative for this item? Please state your name for the record. Ms. Wilson: Deputy City Attorney Kay Wilson. This is an Ordinance to do a little housekeeping on the portion of the City's Zoning Ordinance that pertains to communications towers. What we've done is just cleaned it up, make sure it coincided with the next ordinance and so that is -- it's mainly housekeeping and things of that nature. Mr. Wall: Thank you. Is there any opposition for this item to be on the Consent Agenda? Hearing none, we're going to move to Agenda Item Number 4. Is there a representative for this item? Please state your name for the record. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have 1 financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. 2 Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. 3 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE , Weiner AYE 4 I �Nu�t rS fi% CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: AN ORDINANCE TO AMEND SECTIONS 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531, 2203, AND SECTIONS 5.2, 5.2.16 AND 5.2.17 OF THE FORM BASED CODE, OCEANFRONT RESORT DISTRICT PERTAINING TO COMMUNICATION TOWERS, SMALL CELL FACILITIES, BUILDING MOUNTED ANTENNAS AND TEMPORARY TOWERS. MEETING DATE: May 18, 2021 • Background: This ordinance amends all the sections of the City Zoning Ordinance where communication towers are addressed in the use tables. The applicable use tables will be amended to allow communication towers less than fifty (50) feet in height as a permitted by-right use. The communication towers fifty (50) feet of taller will be a conditional use. • Considerations: This ordinance will bring the Virginia Beach City Code into compliance with all State and Federal regulations for communication towers. This ordinance will coordinate all the use tables of the City Zoning Ordinance and therefore be consistent with the new regulations. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department - - / City Manager: eV 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE SECTIONS 301, 401, 501 , 601, 701, 801, 3 901, 1001, 1501, 1521, 1531, 2203 AND SECTIONS 4 5.2, 5.2.16 AND 5.3.17 OF THE FORM BASED CODE, 5 OCEANFRONT RESORT DISTRICT PERTAINING TO 6 COMMUNICATION TOWERS, SMALL CELL 7 FACILITIES, BUILDING MOUNTED ANTENNA AND 8 TEMPORARY TOWERS 9 10 Sections Amended: §§ 301, 401, 501, 601, 701, 11 801, 901, 1001, 1501, 1521, 1531, and 2203 of 12 the City Zoning Ordinance 13 14 §§ 5.2, 5.2.16 and 5.3.17 of the Form Based Code 15 16 WHEREAS, the public necessity, convenience, general welfare and good zoning 17 practice so require; 18 19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 22 That Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531, and 23 2203 of the City Zoning Ordinance and Sections 5.2, 5.2.16 and 5.3.17 of the Form 24 Based Code are hereby amended and reordained to read as follows: 25 26 Sec. 301. - Use Regulations. 27 28 (a) Principal and conditional uses. The following chart lists those uses permitted within 29 the P-1 Preservation District. Those uses and structures shall be permitted as either 30 principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses 31 or structures other than as specified shall be permitted. 32 Use P 1 Building-mounted antennas meeting the requirements of section 207 P Communication towers meeting the requirements of section 232 as administrative review eligible projects Communication towers-standard process C 111 Small wireless facilities meeting the requirements of section 207 P ■ Temporary communication towers meeting the requirements of section 207 P Temporary communication towers not meeting the requirements of section 207 33 34 Sec. 401. — Use regulations. 35 36 (a) Principal and conditional uses. The following chart lists those uses permitted within 37 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 38 respective agricultural districts shall be permitted as either principal uses indicated 39 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 40 an "X" shall be prohibited in the respective districts. No uses or structures other 41 than as specified shall be permitted. 42 Use AG- AG- 1 2 Building-mounted antennas meeting the requirements of section 207 P P i Building mounted antennas other than those meeting the requirements of G 16 section 207 I� Communication towers meeting the requirements of administrative review projects section 232 and temporary communication towers meeting the P P requirements of section 207 Communication towers -standard process other than those meeting the requirements of section 232(j) and temporary communication towers other C C than those meeting the requirements of section 207 Small wireless facilities meeting the requirements of section 207 P P Small wireless facilities not placed on existing structures 6-P -P 43 44 Sec. 501. — Use regulations. 45 46 (a) Principal and conditional uses. The following chart lists those uses permitted within 47 the R-40 through R-2.5 Residential Districts. Those uses and structures in the 48 respective residential districts shall be permitted as either principal uses indicated 49 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 50 an "X" shall be prohibited in the respective districts. No uses or structures other 51 than as specified shall be permitted. 52 Residential Districts Uses R- R- R- R- R- R- R- `R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Communication towers meeting the requirements of administrative review eligible project section 232(j) and temporary PPPPPP P P PP 'communication towers meeting the requirements of section 207 Communication towers-standard process other I than those meeting the requirements of section c CCCCC C C CC 232(j) and temporary communication towers section 207 Small wireless facilities not placed on existing S S structuresX X X X X X X p P P 53 54 Sec. 601. - Use regulations. 55 56 (a) Principal and conditional uses. The following chart lists those uses permitted within 57 the A-12 through A-36 Apartment Districts. Those uses and structures in the 58 respective apartment districts shall be permitted as either principal uses indicated 59 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 60 an "X" shall be prohibited in the respective districts. No uses or structures other 61 than as specified shall be permitted. 62 Use A- 'A- A- A 12 18 24 36 Building-mounted antennas meeting the requirements of section 207 PPPP gt41€444g-Fisi-e4Rtecl-aRterm-a-s-e41:1er-thi-an-these-meeting-the-requiFements cc of section 207 S 6 Communication towers meeting the requirements of administrative eligible project section 232(j) and temporary communications towers PPPP meeting the requirements of section 207 Communication towers standard process other than those meeting the requirements of section 232(j) and temporary communication towers CC CC other than those meeting the requirements of section 207 Small wireless facilities meeting the requirements of section 207 PPPP Small wireless facilities not placed on existing structures S 6 P P Pe P 63 64 Sec. 701. — Use regulations. 65 66 (a) Principal and conditional uses. The following chart lists those uses permitted within 67 the H-1 Hotel District. Those uses and structures in the district shall be permitted as 68 either principal uses indicated by a "P" or as conditional uses indicated by a "C." 69 Uses and structures indicated by an "X" shall be prohibited in the district. No uses 70 or structures other than as specified shall be permitted. 71 Use H 1 Building-mounted antennas, meeting the requirements of section 207 P 207 Communication towers meeting the requirements of administrative review eligible project section 232(j) and temporary communication towers meeting the P requirements of section 207 Communication towers, standard process other than those meeting the P those meeting the requirements of section 207 Small wireless facilities meeting the requirements of section 207 P Small wireless facilities not placed on existing structures 72 73 Sec. 801. — Use regulations. 74 75 (a) Principal and conditional uses. The following chart lists those uses permitted within 76 the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office 77 districts shall be permitted as either principal uses indicated by a "P" or as 78 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 79 be prohibited in the respective districts. No uses or structures other than as 80 specified shall be permitted. 81 Use 0- O- 1 2 Building-mounted antennas meeting the requirements of section 207 P P Building mounted antennas other than those meeting the requirements of section 207 Communication towers meeting the requirements of administrative eligible project section 232(j) and temporary communication towers meeting the P P requirements of section 207 Communication towers standard process other than those meeting the C C those meeting the requirements of section 207 i J Small wireless facilities meeting the requirements of section 207 P P G 82 83 Sec. 901. — Use regulations. 84 85 (a) Principal and conditional uses. The following chart lists those uses permitted within 86 the B-1 through B-4K Business Districts. Those uses and structures in the 87 respective business districts shall be permitted as either principal uses indicated by 88 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 89 "X" shall be prohibited in the respective districts. No uses or structures other than 90 as specified shall be permitted. 91 Use B- B- B- B- B- B- B- 1 1 A 2 3 4 4C 4K Building mounted antennas other than those meeting thoGG 6 requirements of section 207 Communication towers meeting the requirements of administrative review eligible project section 232(j) and PP PPPP P temporary communication towers meeting the requirements of section 207 Communication towers standard process !meeting the requirements of section 2320) and temporary X C CCCC X ;communication towers other than those meeting the 'requirements of section 207 Small wireless facilities meeting the requirements of section PP PPPP P 207 6 6 6 6 6 6 r-- 92 93 Sec. 1001. — Use regulations. 94 95 (a) Principal and conditional uses. The following chart lists those uses permitted within 96 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective 97 industrial districts shall be permitted as either principal uses indicated by a "P" or as 98 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall 99 be prohibited in the respective districts. No uses or structures other than as 100 specified shall be permitted. 101 Use I- I- 1 2 Building-mounted antennas meeting the requirements of section 207 P P • • 207 G G Communication towers meeting the requirements of administrative review eligible protect section 232(j) and temporary communication towers meeting the P P requirements of section 207 Communication towers standard process C C those meeting the requirements of section 207 1 Small wireless facilities meeting the requirements of section 207 P P G G 102 103 Sec. 1501. — Use Regulations. 104 105 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District 106 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by 107 a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 108 (section 220 et seq.). No uses or structures other than those specified shall be 109 permitted. All uses, whether principal or conditional, should to the greatest extent 110 possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 111 Use RT- I 1 Building-mounted antennas meeting the requirements of section 207 P Building mounted antennas other than those meeting the requirements of section 207 Small wireless facilities meeting the requirements of section 207 P Small wireless facilities not placed on existing structures 6 1 112 113 Sec. 1521. — Use regulations. 114 115 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 116 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by 117 a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 118 (section 220 et seq.). Except for single-family, duplex, semidetached and attached 119 dwellings, buildings within the RT-3 District may include any principal or conditional 120 uses in combination with any other principal or conditional use. No uses or 121 structures other than those specified shall be permitted. All uses, whether principal 122 or conditional, should to the greatest extent possible adhere to the provisions of the 123 Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook 124 of the Comprehensive Plan. 125 Use RT- 3 Building-mounted antennas meeting the requirements of section 207 P { Building mounted antennas other then those meeting the requirements of section 'G 207 Communication towers standard process C Communication towers meeting the requirements of administrative review eligible projects Small wireless facilities meeting the requirements of section 207 P Small wircics✓ facilities not placed on existing structures Temporary communication towers meeting the requirements of section 207 P Temporary communication towers other than those meeting the requirements of section 207 126 127 Sec. 1531. — Use regulations. 128 129 (a) Principal uses and structures: 130 (0.5) Building-mounted antennas meeting the requirements of section 207; 131 132 133 (4) Small wireless facilities meeting the requirements of section 207. 134 135 136 137 Sec. 2203. — Use regulations. 138 139 (a) The following chart lists those uses permitted within the Central Business Core 140 District. Uses and structures shall be allowed either as principal uses, indicated by a 141 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an 142 "X" shall be prohibited, unless allowed by special exception for Alternative 143 Compliance pursuant to section 2205. No uses or structures other than as specified 144 herein or as allowed pursuant to subsection (b) shall be permitted. 145 District Use CBC Building-mounted antennas meeting the requirements of section 207 P section 207 Communication towers meeting the requirements of administrative review eligible project section 232(j) and temporary communication towers meeting P the requirements of section 207 Communication towers standard process C requirements of section 207 Small wireless facilities meeting the requirements of section 207 P Small wireless facilities not placed on existing structures 146 147 APPENDIX 1 TO CITY ZONING ORDINANCE - OCEANFRONT RESORT DISTRICT 148 FORM-BASED CODE 149 150 Sec. 5.2 Permitted Use Table 151 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground Floor All Floors Ground Upper Use USE Floor Floors Floor Floors All Floors All Floors Standar /Notes OTHER Building-mounted antenna -- L L L L L L L See Communication tower -- C 152 . . . . 153 154 Sec. 5.3.16 Building-Mounted Antenna 155 156 Building-Mounted Antenna Building-mounted antennas meeting the requirements of 157 Sec. 207 are allowed as principal uses; building mounted antennas not mccting the 158 requirements of Sec. 207 arc allowed as conditional uses 159 160 Sec. 5.3.17 Small Wireless Facility 161 162 Small wireless facilities meeting the requirements of Sec. 207 are allowed as principal 163 uses, 164 conditional uses, on the building types designated in Sec. 5.2 or on utility poles other 165 than those in the public right-of-way unless allowed pursuant to franchise agreement. 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: Planning Dep rtmen( City Attorney's Office CA15367 R-2 March 31, 2021 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing April 14, 2021 Communication Tower Use Table Amendment 4 ,„„,, Virginia Beach Request An Ordinance to amend the City Zoning Ordinance Sections 301,401, 501, 601,701,801, 901, 1001, 1501, 1521, 1531, 2203 and Sections 5.2, 5.2.16 and 5.3.17 of the Form Based Code,Oceanfront Resort District pertaining to communication towers,small cell facilities, building mounted antenna and temporary towers. Summary of Referred Ordinances This Ordinance amends all the sections where Communication Towers are addressed in the use tables of the City Zoning Ordinance.The use tables are changed to allow communication towers as a permitted by-right use for administrative review.This includes towers less than fifty(50)feet in height.The standard review process for communication towers remains a conditional use.This includes towers greater than fifty(50)feet in height. Recommendation Staff recommends approval of this amendment. The ordinance will make the City's Zoning Ordinance compliant with all State and Federal regulations at this time for communications.This amendment would coordinate all the use tables of the Zoning Ordinance and therefore bring compliance with the new regulations. City of Virginia Beach Agenda Item 4 Page 1 Item # 4 City of Virginia Beach -An Ordinance to Amend the City Zoning Ordinance Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531, 2203 and Sections 5.2, 5.2.16, and 5.3.17 of the Form Based Code, Oceanfront Resort District Pertaining to Communication Towers, Small Cell Facilities, Building Mounted Antenna and Temporary Towers April 14, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Thank you. Is there any opposition for this item to be on the Consent Agenda? Hearing none, we're going to move to Agenda Item Number 4. Is there a representative for this item? Please state your name for the record. Ms. Wilson: Deputy City Attorney Kay Wilson. Mr. Wall: Okay, this is City of Virginia Beach an Ordinance to amend the City's Zoning Ordinance Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 1531, 2203 and sections 5.2, 5.2.16 and 5.3.17 in the Form-Based Code, Oceanfront Resort District pertaining to communication towers, small cell facilities, building mounted antenna and temporary towers. Ms. Wilson: What we had to do here is go through the use tables for all of the Zoning Districts and make a determination as to whether towers and their iterations should be conditional or permitted. Most of them are permitted unless they are a standard review tower, which is any tower over 50 feet, and so they would be done like a CUP. We had already taken out a lot of the things that we were normally seeing with these communication towers; balloon tests, landscaping, but to the credit of the people who own the cell towers,they have been doing this anyway even though they're not required to do so. Mr. Wall: Okay, thank you. Is there any opposition for this item to be placed on the Consent Agenda? Hearing none, we're going to move to the next item on the agenda. Mr. Wall: Okay, thank you. All right, 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. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. 1 Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. 2 Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. 3 Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE 4 K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CITIZENS REVIEW PANEL TASK FORCE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TIDEWATER COMMUNITY COLLEGE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 .......................... The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person at the Convention Center or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ea3ea905 f8fcdb236dc88e8a1 a4d6 6a29 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 18, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/04/2021 PAGE: 1 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BCDN OMO 0 L W 0 O C Y L NOUWS 0 T T HE EES S E O O E T I R Y S S ERNDN CITY COUNCIL'S BRIEFING A. Virginia Beach Community Development Frank McKinney,Board Corporation(VBCDC) Chair Audit Response and Current Status Jessica Guglielmo, President and CEO II. CITY COUNCIL RECONCILIATION A. FY 2021-22 RESOURCE MANAGEMENT PLAN(Budget) Operating and Capital Budgets III/IV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI SESSION A-E F. MINUTES APPROVED 11-0 Y Y Y YYY Y YYYY 1. INFORMAL and FORMAL SESSIONS April 20,2021 2. SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 21,2021 3. SPECIAL SESSION APPROVED 11-0 YYY Y Y Y YYYY Y April 27,2021 (regularly scheduled Workshop) APPROVED 11-0 YYY Y Y Y Y s' Y Y Y 4. SPECIAL SESSION April 27,2021 (public hearing-proposed real property tax increase) G. MAYOR'S PRESENTATIONS 1. HISTORIC PRESERVATION MONTH Dr.Stephen Mansfield, Archivist and Vice President for Academic Affairs and Kenneth R. Perry Dean of the College Emeritus, Virginia Wesleyan University 2. NATIONAL TRAVEL AND TOURISM Nancy Heiman,Interim WEEK(NTTW) Director,Convention and Visitors Bureau H.1. Ordinance to AMEND City Code Section ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 2-75 re non-merit and merit employees CONSENT H.2. Ordinances to AWARD a$5,000 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Community Services micro-grant to: CONSENT a. Greater Hampton Roads Diaper Bank re assist with cost of purchasing diapers b. Men of Faith,Inc.,re hold a basketball camp at Virginia Beach Sports Center (Requested by Mayor Dyer) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/04/2021 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BCDN O M O O L W 0 O C Y L NOUWS 0 T THEEE S S E O O E T I R Y S S ER NDN H.3. Resolution to REQUEST the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commonwealth of Virginia Public Health CONSENT Commissioner to DESIGNATE Virginia Beach as a Single Public Health District and AUTHORIZE certain actions in furtherance of such designation H.4. Ordinance to AUTHORIZE the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y acquisition of property in fee simple for CONSENT right-of-way re West Neck Road Phase IV Project/the acquisition of temporary and permanent easements,either by agreement or condemnation H.S. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City- CONSENT Owned property known as Lake Wesley located at the rear of 542 Southside Road re maintain an existing bulkhead,and construct and maintain proposed piles, boat lift,riprap,ramp,floating dock, and jet ski floats H.6. Ordinance to APPROPRIATE$97,000 to ADOPTED,i3Y 11-0 Y Y Y Y Y Y Y Y Y Y Y provide an interest free loan to Plaza CONSENT Volunteer Rescue Squad re purchase of a new ambulance H.7. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$10,530 from the CONSENT Virginia Department of Forestry to FY2020-21 Parks and Recreation Operating Budget and AUTHORIZE a local match re community tree planting initiatives H.B. Ordinance to TRANSFER$400,000 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Capital Project#100075,"21'Century CONSENT Enterprise Resource Planning"to Capital Project#10095,"Enterprise Scheduling and Timekeeping System"re implementation of TeleStaff for the Police Department and Emergency Communications and Citizen Services 1.1. GEORGE RANDOLPH WEBB,JR.& APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LELIA GRAHAM WEBB for a Street CONDITIONED Closure re 25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street DISTRICT 5—LYNNHAVEN (Deferred from April 20,2021) I.2. OCEANFRONT INVESTMENTS,LLC APPROVED/ 10-1 Y Y Y YYNY Y Y Y Y for a Street Closure re 420 square foot CONDITIONED portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue DISTRICT 6— BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/04/2021 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I O BCDNOMOOL W 0 O C Y L NOUWS O T T HEE ES S E O O E T 1 R Y S S ER NDN 1.3. GRACE BIBLE CHURCH OF APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y VIRGINIA BEACH,INC.for a MODIFIED/ Modification of Conditions re religious CONDITIONED,BY use adjacent and South of 2285 London CONSENT Bridge Road DISTRICT 7—PRINCESS ANNE 1.4 CESJB,LLC for a CUP re short term APPROVED/ 8-2 Y Y Y AYNY YYYN rental at 409 24w%A Street DISTRICT 6— CONDITIONED BEACH(Deferred from April 6,2021) J APPOINTMENTS: RESCHEDULED BY CO N S E NSUS 2040 VISION TO ACTION COMMUNITY COALITION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CITIZENS REVIEW PANEL TASK FORCE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE AUDIT COMMITTEE Reappointed: 10-0 Y Y Y A Y Y Y YYYY Emilson Espiritu 3 Year Term 6/1/2021—5/31/2024 COMMUNITY POLICY AND Reappointed: 10-0 Y Y Y A Y Y Y YYYY MANAGEMENT TEAM Ginger Ploeger Representing Tidewater Youth Services Commission 2 Year Term 6/1/2021—5/31/2023 IN-HOUSE PHARMACY Appointed: 10-0 Y Y Y A Y Y Y YYYY EXPLORATORY COMMITTEE Kimberly Melnyk- Representing School Board No Term MINORITY BUSINESS COUNCIL Reappointed: 10-0 Y Y Y AYYY YYYY Ed Hopper Olga Torres 2 Year Term 6/1/2021—5/31/2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/04/2021 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BCDN O M O O L W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN PARKS AND RECREATION Appointed: 10-0 Y Y Y A Y Y Y YYY 1" COMMISSION Mika Twyman- Representing Student Unexpired Term thru 8/31/2021 +1 Year Term 9/1/2021—8/31/2022 TOWING ADVISORY BOARD Reappointed: 10-0 Y Y 1" A V Y V YYY 1' 1 Bradley Volner— Representing Towing Industry 3 Year Term 6/1/2021—5/31/2024 K/L/M ADJOURNMENT 8:09 PM OPEN DIALOGUE 11 SPEAKERS 8:51 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/11/2021 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T T HEE ES S E O O E T I R Y S S ERNDN FY2021-22 RESOURCE ADOPTED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y MANAGEMENT PLAN AMENDED RECONCILED PROPOSAL a. FY2021-2022 OPERATING BUDGET 1. Ordinance to APPROPRIATE $3,117,748,469 consisting of$589,769,379 in inter-fund transfers,$231,218,677 for internal service funds,and$2,296,760,413 for operations for the Fiscal Year beginning July 1,2021 and ending June 30, 2022 2. Ordinance to ESTABLISH the Tax Levy of Ninety-Nine cents($0.99)on each one- hundred dollars($100)assessed valuation on Real Estate for FY 2021-22 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2022 4. Ordinance to AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S.Department of Housing and Urban Development(HUD) 5. Ordinance to AMEND City Code Sections 35-64 and 35-67 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons 6. Ordinance to AMEND City Code Section 32.5-2 re Equivalent Residential Unit (ERU)Fee 7. Ordinance to AMEND City Code Section 35-159 to EXTEND the Sunset of the Flat Room Rate re Tax on Transients Obtaining Lodging 8. Ordinance to AMEND the Ordinance that established the Sandbridge Special Service District(SSD)re remove a Revenue Dedication 9. Ordinance to AMEND City Code Section *Council Member 2-385 re establish Short Term Rental Wooten opposed 1.a.9. Zoning Permit($200) 10 Ordinance to AMEND City Code Section 232 of the City Zoning Ordinance(CZO) re Communication Towers and fees (Small Wireless Facilities Administrative Review$350;Standard Review$1,050) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/11/2021 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N O M O O L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN b. ORDINANCES THAT AMEND CITY ADOPTED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y POLICY AMENDED 1. Ordinance to AMEND City Code Section 2-109 re changes in pay generally c. FY2021-22 CAPITAL BUDGET ADOPTED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y AMENDED 1. Ordinance to ADOPT the FY 2021-22 through FY 2026-27 Capital Improvement Program (CIP) and APPROPRIATE $431,942,401 re FY 2021-22 Capital Budget, subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,652,307 re various public facilities and general improvements 3. Ordinance to AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $50,545,315 4. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$9,993,368 Ordinance to AUTHORIZE the use of Fund 5. Balance from the General Fund re Roadway Projects related to the reallocation of Revenue Sharing Program Funds III. ADJOURNMENT 6:39 PM