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Home My WebLink About5-17-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large S4-'1N�� cis. VICE MAYOR ROSEMARY WILSON,At Large 4 ;�_ • % MICHAEL F.BERLUCCHI,Rose Hall-District 3 LINWOOD O.BRANCH,Lynnhaven-District S !` BARBARA M.HENLEY,Princess Anne-District 7 • �'' r'$ =a • N.D. "ROCKY"HOLCOMB,Kempsville-District 2 : ' •`-. LOUIS R.JONES,Bayside-District 4 et`+ JOHN D.MOSS,At Large 'of our M�z,oNS AARON R.ROUSE,At Large GUY K TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA BUILDING 3(FORMERLY BUILDING I) CITY MANAGER-PATRICK A.DUHANEY 2403 COURTHOUSE DRIVE CITY ATTORNEY-MARK D.STILES VIRGINIA BEACH, VIRGINIA 23456 CITY ASSESSOR-RONALD D.AGNOR PHONE:(757)385-4303 CITY AUDITOR-LYNDON S.REMIAS May 17, 2022 FAX(757)385-5669 CITY CLERK AMANDA BARNES E-MAIL:CITYCOUNCIRavbRov.com MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:00 PM A. Real Estate Assessor's Office Update Ronald Agnor, Real Estate Assessor II. CITY MANAGER'S BRIEFING 2:30 PM A. FY2021-22 Interim Financial Update Letitia Shelton, Finance Director III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:45 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - City Council Chamber- 3:30 PM A. CALL TO ORDER—MAYOR ROBERT M. "BOBBY" DYER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 26, 2022 2. SPECIAL FORMAL SESSION April 26, 2022 3. INFORMAL and FORMAL SESSIONS May 3, 2022 4. FORMAL SESSION May 10, 2022 5. SPECIAL FORMAL SESSION May 10, 2022 G. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS John Richard Logan Perry (Becky Livas will be accepting in honor of John Richard Logan Perry) Joseph&Jack Burroughs 2. LOVE FOR VB DEDICATION DAY RESOLUTION Audravette D. Jackson, Volunteer Resources and Resiliency Program Administrator 3. ASIAN AMERICAN AND PACIFIC ISLANDER MONTH RESOLUTION Chance Wilson, Founder& CEO, Binchmark, LLC Petula Moy, Asian American Alliance Organization 4. PROCLAMATION Sid"Pops"Pearl (Sandi Pearl will be accepting in honor of Sid"Pops"Pearl) H. PUBLIC HEARING 1. MODIFY BOUNDARY OF THE HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT (SSD) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special Service District (SSD) re remove seven properties and AUTHORIZE the REFUND of SSD Levies 2. Ordinances to AMEND City Code Sections: a. 6-30 re fishing on the northern section of the beach during resort season at Little Island Park(Deferred from April 19, 2022) b. 10-1 re change polling locations for the June 2022 primary election: • Buckner Precinct to Rosemont Elementary School • Trantwood Precinct to Trantwood Elementary School 3. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Elbow Road Extended Phase II-C Project, CIP#100159 (formerly CIP#2-124) 4. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of Release and Exchange re an Agricultural Reserve Program (ARP) land preservation easement located on land of Vanguard Landing, Inc. 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement(MOA)to ESTABLISH and MAINTAIN the Virginia Beach Conservation Assistance Program between the City and Virginia Dare Soil and Water Conservation District 6. Ordinance to APPROVE the sale of a portion of School Board property for the City's West Neck Road Phase IV Project and ALLOW the School Board to retain the sale proceeds 7. Resolution to APPROVE the issuance of Residential Care Facility Revenue Bonds up to $164-Million re Westminster-Canterbury on Chesapeake Bay 8. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Right-of-way known as Sandfiddler Road, adjacent to 2445 Sandfiddler Road re retain twelve (12) 4" wood pile posts (Deferred indefinitely from December 7, 2021)DISTRICT 2 (formerly District 7- Princess Anne) b. Property known as 2973 Heron Ridge Drive and City Maintenance Easement,located at the rear of 2937 Couples Court re(2) bulkheads and a deck DISTRICT 2 (formerly District 7- Princess Anne) c. Property known as Treasure Canal, located at the rear of 2232 Windward Shore Drive re construct and maintain a boat lift, wood dock, wood pier and 6 wood piles DISTRICT 8 (formerly District 8- Lynnhaven) 9. Ordinance to DONATE forty Ballistic Vests to the Virginia Association of Chiefs of Police and Foundation, Inc. 10. Ordinance to increase APPROPRIATIONS by $1.35-million to the Fuels Internal Service Fund and AUTHORIZE the City Manager to TRANSFER Funds from the City Manager's Pandemic Reserve for Fuel Costs to various departments 11. Ordinances to APPROPRIATE: a. $20,907,617 from Federal and State Funding to FY2021-22 Schools Categorical Grants Fund b. $450,000 in Revenue to the FY2021-22 Department of the Virginia Aquarium Operating Budget re additional expenditures related to Virginia Aquarium Gift Shop K. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES,LLC&WPL VENTURES,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6 (formerly District 5-Lynnhaven) RECOMMENDATION: APPROVAL 2. SACRED DAGGERS, LLC / PERCY LEE JONES JR. FAMILY TRUST for a Special Exception for Alternative Compliance re tattoo parlor at 1705 Mediterranean Avenue DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 3. RVB3, LLC for a Modification of Proffers to a Conditional Change of Zoning for a drive-through only restaurant at 5453 Wesleyan Drive DISTRICT 4 (formerly District 2-Kempsville) RECOMMENDATION: APPROVAL 4. BAKING IT CAKING IT, LLC / BRIANA SMALL for a Conditional Use Permit re home occupation - commercial kitchen/bakery at 4500 Hollingsworth Lane DISTRICT 2 (formerly District 1- Centerville) RECOMMENDATION: APPROVAL 5. ENTERPRISE LEASING CO. OF NORFOLK - RICHMOND, LLC / E T ENTERPRISES, LLC for a Conditional Use Permit re motor vehicle rentals at 1112 Lynnhaven Parkway DISTRICT 3 (formerly District 3-Rose Hall) RECOMMENDATION: APPROVAL 6. CAR SPA, INC / GENERAL BOOTH VENTURE GROUP, LLC for a Conditional Use Permit re car wash facility at the northeast corner of General Booth Boulevard & Prosperity Road DISTRICT 5 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 7. NORA NIMLEY for a Conditional Use Permit re family day-care home at 1712 Moon Valley Drive DISTRICT 5 (formerly District 3-Rose Hall) RECOMMENDATION: APPROVAL 8. WATERMAN SPIRITS,LLC/FESTIVAL,LLC for a Conditional Use Permit re craft distillery at 712 Atlantic Avenue DISTRICT 5 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 9. CHRISTOPHER& CATHLEEN SPRAUER for a Conditional Use Permit re short term rental at 2200 & 2202 Mediterranean Ave DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 10. COASTAL ACCOMMODATIONS, LLC / 22 EAST NEPTUNE, LLC for a Conditional Use Permit re short term rental at 410 22nd Street, Unit B DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 11. GEORGI STOYANOV for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 115 DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 12. Ordinance to AMEND Section 111 of the CZO to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts (Sponsored by Vice Mayor Wilson) (Deferred from April 5, 2022) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEAL BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMSSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person 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=edae2adadc 1 e739e4663d3986306b6161 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 17, 2022. I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:00 PM A. Real Estate Assessor's Office Update Ronald Agnor, Real Estate Assessor II. CITY MANAGER'S BRIEFING 2:30 PM A. FY2021-22 Interim Financial Update Letitia Shelton, Finance Director III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:45 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - City Council Chamber- 3:30 PM A. CALL TO ORDER—MAYOR ROBERT M. "BOBBY" DYER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 26, 2022 2. SPECIAL FORMAL SESSION April 26, 2022 3. INFORMAL and FORMAL SESSIONS May 3, 2022 4. FORMAL SESSION May 10, 2022 5. SPECIAL FORMAL SESSION May 10, 2022 G. MAYOR'S PRESENTATIONS 1. 60t''ANNIVERSARY AWARDS John Richard Logan Perry (Becky Livas will be accepting in honor of John Richard Logan Perry) Joseph&Jack Burroughs 2. LOVE FOR VB DEDICATION DAY RESOLUTION Audravette D. Jackson, Volunteer Resources and Resiliency Program Administrator 3. ASIAN AMERICAN AND PACIFIC ISLANDER MONTH RESOLUTION Chance Wilson, Founder& CEO, Binchmark, LLC Petula Moy, Asian American Alliance Organization 4. PROCLAMATION Sid"Pops"Pearl (Sandi Pearl will be accepting in honor of Sid"Pops"Pearl) 6"; - /4% c 1 � 6 el.OUR NI.T°' RESOLUTION WHEREAS: Three years ago, Citizens of Virginia Beach experienced an unspeakable tragedy that resulted in the loss of LaQuita C. Brown; Ryan Keith Cox;Tara Welch Gallagher; Mary Louise"Mary Lou"Crutsinger Gayle;Alexander Mikhail Gusev;Joshua O.Hardy;Michelle"Missy"Langer;Richard H. Nettleton; Katherine A. Lusich Nixon; Christopher Kelly Rapp; Herbert "Bert" Snelling, Jr.; and Robert"Bobby"Williams;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 will forever remember the twelve lives lost so suddenly three years ago, and we continue to pray for all those who were traumatized by this brutal act of violence and seek healing;and WHEREAS: We are forever changed, but we are resilient. We continue to pledge to commit to honoring those we lost through acts of service and acts of kindness. WHEREAS: On this 3`d Anniversary of the May 31, 2019, tragedy, the Mayor and Members of City Council urge citizens to remember the victims of and pledge to honor them through volunteer acts of service;and NOW,THEREFORE,BE IT FURTHER RESOLVED: The flag of the City of Virginia Beach shall be flown at half-staff in all City buildings and on city grounds from May 27 through sunset on May 31, 2022;and BE IT FURTHER RESOLVED:That the Virginia Beach City Council pauses during this Formal Session to reflect upon that tragic day three years ago and that May 31,2022,be recognized as: LOVE TOW:CB E 1)ICAT/ON 1)A`Y Given under our hands and seals this S enteenth Day of May,Two Thousand Twenty-Two: Council 31emberrfichaetF.Berfucchi Council-91em6er Linwood'O.Branch C u 31e her r6ara 31.gfen 44 g1214-4 Councz( em6e .cD. "Wac(y"Ffofcom6 Council31emder ouis 2:Jones unciCftem6erJohn D.9Koss Councif31em6erAaron reuse ou f91em6er Guy Tower unci[9Kem6e rina D. Wooten 'Mice Mayor emary Wilson 3Kayor 1p ert JK. "Bobby"Dyer R4u+'BEgc 0 yLlit\ e O'OUR NW°6 RESOLUTION WHEREAS: Asian Americans and Pacific Islanders (AAPI) make up roughly seven percent of the United States population and are currently the fastest growing racial group;and WHEREAS:AAPI is an umbrella term that is used to include cultures from the entire Asian continent. These cultures include East,Southeast and South Asia,and the Pacific Islands of Melanesia,Micronesia,and Polynesia;and WHEREAS:Asian American and Pacific Islander Heritage Week initially was held,May 1 through May 10. This week is symbolic as it coincides with two milestones: the first Japanese immigrants arrived on May 7, 1843, and the completion of the Transcontinental Railroad on May 10, 1869, which comprised of mostly Chinese workers.In 1992, Congress expanded the observance to a monthlong celebration;and WHEREAS:Throughout the years the AAPI community has endured numerous hardships,including but not limited to stereotyping as `perpetual foreigners,"language barriers, immigration bans and limitations, and internment camps. Thus,establishing a trying journey ahead;and WHEREAS:Asian American and Pacific Islander Heritage Month serves landmark to celebrate the generations of AAPI who have enriched America's history, their journeys and hardship they have overcome,and their key role in the success of our nation's future;and WHEREAS:Two local groups,Binchmark,LLC and Asian American Alliance Organization,have collaborated in the creation of the Asian Food Month Campaign. Their campaign seeks to encourage ongoing cultural relations efforts and celebrate AAPI Heritage Month through its amazing food creations: • Binchmark, LLC was founded by Chance Wilson. Binchmark, LLC focuses on business-to-business services, communications and media,and project development services. • The Asian American Alliance Organization was founded by Petula Moy for the progression of diversity and inclusion. Their mission is to collaborate with Asian,non Asian professionals and leaders to influence diversity and inclusion through CIVIC involvements. NOW THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Binchmark,LLC and Asian American Alliance Organization for their efforts to promote Asian American and Pacific Islander Heritage Month with the creation of Asian Food Month and their efforts promote inclusivity,diversity, and progression within our community. Given by the Council of the City of Virginia Beach, Virginia the 17'day of May 2022 and present this Resolution duly signed by each Member o the Vir inia Beach City Council. 0. moo, 44,_07. Counci(9Kem6er9Kichae(E.Berfucchi Council 9Kem6er Linwood-O.Branch Councif9Ken•6er .ar6ara .91-enfey 119w//Apt o.4,-;--a‘i. 1viiir Council embe .�D. "Rgcf{y".Ifofcom6 Counci(9Kemt, Louis cR.,Jones ounci(9KemberJohn(D.fMoss Counci(9btem6erAaron R RQuse Council9Kem6er Guy K,Tower unci(914em6erSabrina(D.Wooten Gf/a� vice 9bfayor semary`Wilson 9Ytayor Rg6ert . "Bo66y"Dyer '4 5 ts ' 4HAr° OUR rothmatton Whereas: Sid"Tops"Tear(demonstrated a great investment and a commitment to the youth of Virginia Beach antOfampton meads region through 50 years as a youth football coach;and Whereas: Sid"Tops'Pearl was a great husband father,grandfather,brother,friend and coach to his family and extended family that he impacted throughfootball.;and Whereas: Sid"Pops'Pearl'started the Woodstockiustangs and laterformedthe Virginia Beach Mustangs andwor/gdwith dedication,diligence,and vigor to develop young athletes into honorable, respec ful and confident adults;and 'ham The passing of Sid"Tops"Teary a great member of the community,has caused a deep void in the thousands of lives that he positively touched and Whereas: Sid"Tops"Teardfaithfuly served his country in the VnitedStates Navy for 21 years and served his community as a youth football coach forfive decades;and Sid"Tops'Pearl was loved by his family and the community that he served with a gentle spirit and desire to make a difference in the youth of our region;and Whereas: Sid"Tops"Pearl lived in such a manner to touch every person through his great egampfe of love and acceptance. Now, l erefore I,cp6ert 4i. "Bobby"Dyer, Mayor of the City of Virginia Beach,`Virginia,do hereby Proclaim %lay 17, 2022 Sil aTops" Pear&)a y In'In Vtryinia Beach,and I,as a community mourn with the family and we will attempt to improve our lives and five our lives as demonstrated by the great ezampfe,Sid"Tops"Pearl In Witness Whereof I have hereunto set my hand and caused the Official Seal ofthe 'Virginia,to be affixed this Seventeenth Day of y Ida.Two?housandandTwenty-Tw City of'Virginia Beach, - -- -. ?# 4614'114. w - / Wodert T. "Bobby (Dyer A Mayor H. PUBLIC HEARING 1. MODIFY BOUNDARY OF THE HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT (SSD) Ora 4' sLXz.." wi PUBLIC HEARING AN ORDINANCE TO MODIFY THE BOUNDARIES OF THE HURD'S COVE DREDGING SPECIAL SERVICE DISTRICT As required by Code of Virginia § 15.2- 2402.1,the City Council of Virginia Beach will hold a public hearing on an ordinance to modify the Special Service District boundaries for the Hurd's Cove Dredging Special Service District.The public hearing will be held in City Council Chamber on Tuesday,May 17,2022 at 6:00 p.m. All persons are encouraged to attend and speak about the amendment. A copy of the proposed Ordinance,including a map of the district boundary may be inspected at the Office of the City Clerk. If you are physically disabled or visually impaired and need assistance at this meeting, please contact the City Clerk's Office at 757-385-4303 to discuss accommodations. 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: l ttus://voguv.welex.com/vbgovJQ nstage/g.oho?MTI D=edae2adadcl e739e4663d3986306b6161 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on May 17,2022. Amanda Barnes City Clerk BEACON-April 17,April 24,May 1,2022 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special Service District(SSD)re remove seven properties and AUTHORIZE the REFUND of SSD Levies 2. Ordinances to AMEND City Code Sections: a. 6-30 re fishing on the northern section of the beach during resort season at Little Island Park(Deferred from April 19, 2022) b. 10-1 re change polling locations for the June 2022 primary election: • Buckner Precinct to Rosemont Elementary School • Trantwood Precinct to Trantwood Elementary School 3. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Elbow Road Extended Phase II-C Project, CIP#100159 (formerly CIP#2-124) 4. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of Release and Exchange re an Agricultural Reserve Program (ARP) land preservation easement located on land of Vanguard Landing, Inc. 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement(MOA)to ESTABLISH and MAINTAIN the Virginia Beach Conservation Assistance Program between the City and Virginia Dare Soil and Water Conservation District 6. Ordinance to APPROVE the sale of a portion of School Board property for the City's West Neck Road Phase IV Project and ALLOW the School Board to retain the sale proceeds 7. Resolution to APPROVE the issuance of Residential Care Facility Revenue Bonds up to $164-Million re Westminster-Canterbury on Chesapeake Bay 8. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Right-of-way known as Sandfiddler Road, adjacent to 2445 Sandfiddler Road re retain twelve (12) 4" wood pile posts (Deferred indefinitely from December 7, 2021) DISTRICT 2 (formerly District 7- Princess Anne) b. Property known as 2973 Heron Ridge Drive and City Maintenance Easement,located at the rear of 2937 Couples Court re(2) bulkheads and a deck DISTRICT 2 (formerly District 7- Princess Anne) c. Property known as Treasure Canal, located at the rear of 2232 Windward Shore Drive re construct and maintain a boat lift, wood dock, wood pier and 6 wood piles DISTRICT 8 (formerly District 8- Lynnhaven) 9. Ordinance to DONATE forty Ballistic Vests to the Virginia Association of Chiefs of Police and Foundation, Inc. 10. Ordinance to increase APPROPRIATIONS by $1.35-million to the Fuels Internal Service Fund and AUTHORIZE the City Manager to TRANSFER Funds from the City Manager's Pandemic Reserve for Fuel Costs to various departments 11. Ordinances to APPROPRIATE: a. $20,907,617 from Federal and State Funding to FY2021-22 Schools Categorical Grants Fund b. $450,000 in Revenue to the FY2021-22 Department of the Virginia Aquarium Operating Budget re additional expenditures related to Virginia Aquarium Gift Shop c ��l,{� N �„ F lit it LZilk CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Modify the Boundary of the Hurd's Cove Neighborhood Dredging Special Service District to Remove Seven Properties and to Authorize the Refund of SSD Levies MEETING DATE: May 17, 2022 • Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of stomiwater capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. The City Council has approved eight individual special service districts (SSDs) based upon the referenced policy. After approval of an SSD, City staff undertakes engineering and permitting activities that are a precondition to the dredging of the neighborhood channels. For Hurd's Cove Neighborhood, staff has determined that seven properties within a spur channel cannot be accessed, and therefore these properties do not receive the benefits of the SSD. Access to these properties required the permission of a property owner, and the City was unsuccessful in obtaining such consent. Accordingly, the seven properties need to be removed from the district boundary. ■ Considerations: The state law authorizing SSDs is predicated upon the participating properties receiving enhanced or additional services. These seven properties will not receive the benefits of the SSD, so the properties need to be removed from the SSD. In addition to removing the properties, the attached ordinance would authorize refunds of the SSD levies collected from the properties and interest to be provided based upon the City's most recent general obligation bond sale. • Public Information: The property owners have been informed by written communication, of the pending removal. This item was advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2400. The advertisement dates were Sunday, April 17, April 24, and May 1. Additionally, public information will be provided through the normal Council agenda process. a Attachments: Ordinance, Modified District Boundary Map (Attachment A), List of Properties to be removed (Attachment B) Recommended Action: Approval Submitting Department/Agency: Public Works--, - City Manager: /r 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT TO REMOVE SEVEN PROPERTIES 4 AND TO AUTHORIZE THE REFUND OF SSD LEVIES 5 6 WHEREAS, the City Council established the Hurd's Cove Special Service District 7 (the "SSD") by ordinance (ORD-3394), which was adopted January 20, 2015; 8 9 WHEREAS, due to an inability to access properties on a spur channel, certain 10 properties will not receive the benefits of the SSD, and such properties need to be 11 removed from the SSD; and 12 13 WHEREAS, in the City's August 2021 general obligation bond sale, the new 14 money bonds had a true interest cost of 1.44%; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the boundaries of the Hurd's Cove SSD are hereby modified to reflect the 20 map attached hereto as "Attachment A," with the GPINs and addresses of the parcels to 21 be removed in "Attachment B." 22 23 2. That the parcels removed from the SSD shall be issued refunds from Capital 24 Project #100210, "Hurls Cove Neighborhood Dredging" and such refunds shall include 25 interest using the amount of the City's most recent general obligation bond sale 26 compounded annually. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. 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City Code § 6-30 prohibits fishing during certain hours on the sandy beaches at the Oceanfront between 42nd Street to Rudee Inlet during the resort season when the beach is crowded with residents and visitors. However, that prohibition does not apply to the beach at Little Island Park. Therefore, Parks and Recreation and lifeguards do not have the authority or ability to mitigate safety concerns that are created when people surf fish in the same areas as individuals are swimming and surfing. • Considerations: To provide a safe environment for individuals to enjoy the beach and ocean during the resort season, Parks and Recreation recommends that the prohibition that applies to the Oceanfront be extended to the northern section of the beach at Little Island Park. This ordinance does so. A public briefing was provided to the City Council on this item on March 15, 2022. The City Council received public comment during its April 5, 2022 meeting. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the Ordinance • Attachment: Ordinance Recommended Action: Approve Submitting Department/Agency: Parks and Recreation 47/i7, City Manager: 1 AN ORDINANCE TO AMEND SECTION 6-30 2 OF THE CITY CODE FISHING FROM SAND 3 BEACHES TO RESTRICT FISHING ON THE 4 NORTHERN SECTION OF THE BEACH AT 5 LITTLE ISLAND PARK DURING THE RESORT 6 SEASON 7 8 SECTIONS AMENDED: § 6-30 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA. 12 13 That Section 6-30 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and reordained to read as follows: 15 Sec. 6-30. Fishing from sand beaches. 16 It shall be unlawful to fish from the sand beaches of the city from 42nd Street to 17 Rudee Inlet and at Little Island Park from the northern property line bordering the 18 Sanctuary Condominiums southward to 1400 feet from the southern property line 19 bordering the Back Bay Wildlife Refuge during the resort season between the hours of 20 10:00 a.m. and 4:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends and 21 holidays during the resort season. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY - — _ , _ Ai "2;4..J-C--6L---- — Parks and Recreation City A orney's Office APPROV AS TO CONTENT ctite. lo\ , . etk0 Police D partment k CA 15660 R-3 February 8, 2022 .41 47e-':-.4_::::',..i...,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Locations of the Buckner Precinct and the Trantwood Precinct for the June 2022 Primary Election MEETING DATE: May 17, 2022 a Background: As the June 2022 primary election approaches, two polling locations are unavailable because of churches holding events, and such events cannot be moved. These two facility usage conflicts necessitate temporary polling location changes for the Trantwood Precinct and the Buckner Precinct. The proposed temporary location for Trantwood will be at Trantwood Elementary School located at 2344 lnlynnview Road. The proposed temporary location for Buckner will be Rosemont Elementary School located at 1257 South Rosemont Road. • Considerations: These locations meet the requirements of the Americans with Disabilities Act. These changes require the City to seek a certificate of no objection from the Virginia Attorney General. The City will make this request and ask that it be expedited to allow the use of these locations for the June 2022 Republican Primary Election. s Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of the proposed changes will be published in the newspaper once a week for two consecutive weeks. All voters in these precincts will receive new voter notices with the name and address of the new polling locations. An advertisement will be placed in the newspaper prior to the June Republican Primary Election. • Recommendations: Adopt the proposed change. ■ Attachments: Ordinance; Maps (2) Recommended Action: Approval Submitting Department/Agency: Voter Registrar City Manager: A-9 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO CHANGE THE POLLING 3 LOCATIONS OF THE BUCKNER PRECINCT AND 4 THE TRANTWOOD PRECINCT FOR THE JUNE 5 2022 PRIMARY ELECTION 6 7 SECTION AMENDED: § 10-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. Section 10-1 of the City Code is hereby amended and reordained and Section 10-1.2 13 is hereby added to read as follows: 14 15 Sec. 10-1. Establishment of precincts and polling places. 16 17 There are hereby established in the city the following precincts and their respective 18 polling places, as set forth below: 19 20 Precinct Polling Place 21 22 Alanton Alanton Elementary School 23 Aragona Bayside Sixth Grade Campus 24 Arrowhead Arrowhead Elementary School 25 Avalon Fairfield Elementary School 26 Baker Ebenezer Baptist Church 27 Bayside Bayside Elementary School 28 Bellamy Salem Middle School 29 Blackwater Blackwater Fire Station 30 Bonney Princess Anne High School 31 Brandon Brandon Middle School 32 Brookwood Plaza Annex 33 Buckner Green Run Baptist Church 34 Cape Henry Edgar Cayce's Association for Research and 35 Enlightenment 36 Capps Shop Back Bay Christian Assembly 37 Centerville Centerville Elementary School 38 Chesapeake Beach Bayside Baptist Church 39 Chimney Hill Rosemont Elementary School 40 College Park College Park Elementary School 41 Colonial Colonial Baptist Church 42 Colony Lynnhaven Colony Congregational Church 43 Corporate Landing Corporate Landing Middle School 44 Courthouse Kellam High School 45 Creeds Oak Grove Baptist Church 46 Cromwell Landstown High School 47 Culver Ocean Lakes High School 48 Dahlia Green Run High School 49 Dam Neck Corporate Landing Elementary School 50 Davis Corner Bettie F. Williams Elementary School 51 Eastern Shore Eastern Shore Chapel 52 Edinburgh St. Aidan's Episcopal Church 53 Edwin Kempsville Middle School 54 Fairfield Kempsville Presbyterian Church 55 Foxfire Wave Church (Seaboard location) 56 Glenwood Glenwood Elementary School 57 Great Neck All Saints Episcopal Church 58 Green Run Green Run Elementary School 59 Haygood Haygood United Methodist Church 60 Hillcrest New Castle Elementary School 61 Hilltop Freedom Fellowship Church 62 Holland Holland Elementary School 63 Homestead Providence Presbyterian Church 64 Hunt Princess Anne Recreation Center 65 Independence Windsor Oaks Elementary School 66 Indian Lakes Indian Lakes Elementary School 67 Indian River San Lorenzo Spiritual Center 68 King's Grant King's Grant Elementary School 69 Kingston King's Grant Presbyterian Church 70 Lake Christopher New Covenant Presbyterian Church 71 Lake Joyce Morning Star Baptist Church 72 Lake Smith Bayside Church of Christ 73 Landstown Restoration Church at Landstown 74 Larkspur St. Andrews United Methodist Church 75 Lexington Larkspur Middle School 76 Linkhorn Virginia Beach Community Chapel 77 Little Neck Lynnhaven United Methodist Church 78 London Bridge London Bridge Baptist Church 79 Lynnhaven John B. Dey Elementary School 80 Magic Hollow Virginia Beach Moose Family Center 81 Malibu Malibu Elementary School 82 Manor Providence Elementary School 83 Mt. Trashmore Windsor Woods Elementary School 84 Newtown Good Samaritan Episcopal Church 85 North Beach Galilee Episcopal Church 86 North Landing Hope Haven 87 Ocean Lakes Ocean Lakes Elementary School 88 Ocean Park Bayside Community Recreation Center 89 Oceana The Gathering at Scott Memorial United 90 Methodist Church 91 Old Donation Calvary Baptist Church 92 Pembroke Pembroke Elementary School 93 Pinewood Plaza Middle School 94 Plaza Lynnhaven Elementary School 95 Pleasant Hall Emmanuel Episcopal Church 96 Point O'View Point O'View Elementary School 97 Red Wing Seatack Elementary 98 Rock Lake Salem Elementary School 99 Rosemont Forest Rosemont Forest Elementary School 100 Roundhill Salem High School 101 Rudee W. T. Cooke Elementary School 102 Salem Woods Parkway Elementary School 103 Sandbridge Tabernacle United Methodist Church 104 Seatack Mount Olive Baptist Church 105 Shannon Kempsville Elementary School 106 Shelburne Christopher Farms Elementary School 107 Shell Unity Church of Tidewater 108 Shelton Park Shelton Park Elementary 109 Sherry Park Woodstock Elementary School 110 Sigma Red Mill Elementary School 111 South Beach Museum of Contemporary Art 112 Stratford Chase Kempsville Area Library 113 Strawbridge Strawbridge Elementary School 114 Tallwood Tallwood Elementary School 115 Thalia Thalia Elementary School 116 Thoroughgood Independence Middle School 117 Timberlake White Oaks Elementary School 118 Trantwood Great Neck Baptist Church 119 Upton Three Oaks Elementary School 120 Village Thalia Lynn Baptist Church 121 Windsor Oaks Red Church Steeple 122 Witchduck Bayside Presbyterian Church 123 Wolfsnare Wave Church (Old Donation location) 124 Central Absentee Voter Agriculture/Voter Registrar Building 125 Precinct 126 127 For the June 2022 primary election, the Central Absentee Precinct will be 577 128 Central Drive, and the Municipal Center location of the Office of the Voter Registrar shall 129 remain open to the public during the customary hours required for an office of the Voter 130 Registrar. Also for the June 2022 primary election only, the polling location for the 131 Buckner Precinct shall be Rosemont Elementary School, and the polling location for the 132 Trantwood Precinct shall be Trantwood Elementary School. 133 134 135 2. The Voter Registrar and the City Attorney are hereby directed to seek a 136 certification of no objection from the Office of the Attorney General using the preclearance 137 procedure provided by Virginia Code § 24.2-129(D). The change to the Central Absentee 138 Precinct shall not be administered unless and until the Attorney General has provided 139 such certification or if 60 days lapses without the Attorney General interposing an 140 objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a/20-4A-4K4ver------ Voter Registrar ey's Office CA15775 R-1 May 3,2022 Buckner Precinct- Rosemont Elementary School located at 1257 South Rosemont Road, 23453 ;�. �� °- Z oa �Qi) eft _ f a: cS� o` ©Dahi,a Playground �? +'° �Q�$ G,�„ 4,4„ �` Ha'pot F Chef Skip 7579 aq /ar Rrte Aid® tea 4 0S'Tidewaters 9aeen3Classical AcademyGreen Run Ho War' t I Ball;2/14#* Be,linnings9 As ration Mainten. S, [earns Center QGrSeeSOCn tHut1n0 nH omes d l I .. tierQ •Rosemo \ rookside Village �'d Ct Do Energy Element-y --L nce ® / Montessori:: _ © ` c Plum Cte> International Foods _ _` 0.0 Or 9 Paradox Trucking W3ffteHouse Twln Canal Vrlhage the lounge Of vd k`—'_cs� 9 Church wawa 9 9 9 9 Beach d Norfolk peppy Holy les t/ Hair City Beauty Supply Q Tne c...,ga F,.^ ©Firestone - `' uld Care9 ® ,9 7 Sparrows Pom 7-Eleven 9 Vir nia Beach e ri ,rnnhd� �` Townhomes and Department Sta S© „,,sue` en°�wy 9S., `- °jtAr,re PI V i n F` �. Cs g Holy Spun© ,a.w ila--n-n----u-_:_m-_'_.),_w,_:,_J, 4:01 7I. tIt,r_.- s..\1„' , ti t res� F,,r,, r Catholic Church ,t R P, d 7 y Q _ __ Fj jj' �i1,� \ �D ''''Cs,in Q -n;; ,=a %"—�.- s South independence 1 o I Stew. `,6�. rclnderCare �, \ N; bf Rosemont Elementary School is located near Green Run Baptist Church. It is also the location for the Chimney Hill Precinct. The Chimney Hill Precinct will be in the gym and the Buckner Precinct will be in the cafeteria. The school is about .1 miles from the public bus stop. Trantwood Precinct-Trantwood Elementary School located at 2344 Inlynnview Road, 23454 9 a r - .a- ,� Colonial Oaks Park© 4i hcn ° P`o 40 'pP'�`s+T yx r� -� d-' Q m .,. ak nhav , • Middle scnc �! -=�.,� ...-a;,.... ... Princess Anne • �', M t,- Rose Hall Dr ` Memorial Park - s .+- Rose Hall <.,tea*. t i Great Neck Pres�noo I = ,.. , - Trantwood n t N c rode s: . r ` r ,; Brae Gsde L. Ele, ntary School i< M -,4., -, -A l �-`,gs � .S -Jr c rs ¢. �___ Rd Great Neck y ® a .-- - L .t-;6;#t *ra ©Baptist Church 4 � . °;.4, • S „- �E.., ,„ Ra`--- Wave ChurchQ ,,.•',. - ,. ` ,,., 1 f-• , 9'. • s_ • „.y.'r`fc "; ..r i,vim. l - f<. z ,`m o- YY y k --- Y 4 '--"P Z 3 s.c%3.�. N 6#4-2z-.f _"AF` fai-t i'--- ¢t y: ' v� ` rnrynnview Rd % y t �. . . -� lawn Wizard o f }; c 4- x PE-',---v - Hood or a- WO Donation pti- 7' 'a't" -ate �... • '°' ems v a —vit0- Hood or - 4 w .5 v H Hood GI � ,,� `tea f c� General lonpnrl§ �- . * c .- Y:, . y ° `r� Ma'Shau pry r eci Y Vec Cl nl0 4 ; `'t/� �..�;rx .ems.:__.n _ ... Trantwood Elementary School is located across from Great Neck Baptist Church. The school is about 1.5 miles from the public bus stop. / criiowu i�yc74J CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to authorize the acquisition of property in fee simple for Elbow Road Extended Phase II-C Project, CIP 100159 (formerly CIP #2-124) and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: May 3, 2022 MEETING DATE: May 17, 2022 • Background: On February 18, 2020, Council adopted an Ordinance 3613A approving the major design features and authorizing the acquisition of property for Elbow Road Extended Phase II-B Project, CIP #2-152, either by agreement or condemnation. Elbow Road Extended Phase II-C (the "Project") will construct the additional two lanes of the ultimate four-lane roadway from Indian River Road to Salem Road. The Project is one portion of three phases comprising Elbow Road Phase II (with Phases II-B and II-D). The Project will add two lanes to the realigned roadway to a proposed intersection with Indian River Road established by the Elbow Road — Phase II-B project. The Project's proposed alignment includes a 1 ,050-linear-foot bridge spanning the North Landing River floodplain, which will elevate the roadway an additional 12 feet above the existing roadway's river crossing. The Project also includes curb, gutter, drainage improvements, LED streetlights, noise barrier walls, as required, and landscaping. This $25-million Project phase was first mentioned in the FY17/18 CIP. A fully funded plan for the Project— including federal and state funds —was established in FY17/18 CIP with the award of additional Regional Surface Transportation Program (RSTP)funds from the Hampton Roads Transportation Planning Organization (HRTPO). 13,500 vehicles travel the two-lane, rural road conditions of Elbow Road between Indian River Road and Salem Road each day. This volume is projected to more than double over the next 20 years. This segment of Elbow Road ranked 22 out of 289 road segments based on a 3-year (2016, 2017 & 2018) crash rate analysis. • Considerations: The Project will require property and easements from six (6) privately owned parcels and one City-owned parcel. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. • Public Information: The last Citizen's Information Meeting (CIM) on both Elbow Road Phase II and Indian River Road Phase VII was held on June 7, 2018. A public hearing will be held on May 3, 2022, and public notice of the item will be provided via the normal City Council agenda process. ■ Alternatives: Deny the request and risk delaying this long overdue Project and affecting construction start dates provided to the public, HRTPO and VDOT. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager:rzc:) 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR ELBOW ROAD EXTENDED PHASE II-C 4 PROJECT, CIP 100159 (FORMERLY CIP #2- 5 124)AND THE ACQUISITION OF TEMPORARY 6 AND PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007, et seq., and 20 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 21 simple, including temporary and permanent easements and entire tracts upon which such 22 rights-of-way or easements shall be located, within the limitations and conditions of Section 23 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 24 plans entitled "ELBOW ROAD EXTENDED PHASE IIB AND IIC FROM: VIRGINIA BEACH 25 / CHESAPEAKE CITY LINE TO: SALEM ROAD CIP NO. 100529 (2-152) & 100159 (2- 26 124) CIP NO. 100158 (5-148),"(the "Project"), and more specifically described on the 27 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 28 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 29 Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 3 8 , 2022. CA15610 PREPARED: 3/4/22 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d002\p040\00786803.doc R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM /4- PUBLIC WORK /REAL ESTATE CITY ATTORNE le CI N Vilr ft.__. 4,' ,*;. **i.S arat tag FERRELL PW- o ��Rf r_+ • ��k NHAVEN NV 94. .ii)�S rLtf V�i'',•tvet.ow.wpm � i�M�ll� : til[a saw�\ - �' --- -- - - � �- E �YN q 4ill / W • Nit. •!� ,. 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"ItAiiil* 0/44,. a- ill 4060.',, , e_ci %op, " 0 . , w 4,10: -v- - NA • s� 40 LOCATION MAP O0\�, ELBOW ROAD PHASE IIC 1 CIP 2-124 Prepared by P.W./Eng./Eng.Support Services Bureau 03/22/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Rd Phase IIC NIA�Cl ri CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement Located on Land of Vanguard Landing, Inc. MEETING DATE: May 17, 2022 • Background: On December 19, 2001, Nancy Ellen Williamson ("Williamson"), owner of a parcel of land located at 2036 Princess Anne Road (GPIN: 2413-19-9845) (the "Williamson Parcel"), placed the said parcel in the City's Agricultural Reserve Program ("ARP"), by conveying an ARP preservation easement to the City (the "Preservation Easement"). In 2014, Williamson conveyed the Williamson Parcel to Vanguard Landing, Inc., a Virginia non-stock corporation ("Vanguard"), subject to the Preservation Easement. Vanguard also owns a parcel of land located at 2020 Princess Anne Road (GPIN: 2413- 19-6111) (the "Vanguard Parcel"), which is adjacent to the Williamson Parcel. Vanguard proposes to develop the Vanguard Parcel and the Williamson Parcel into an agrarian-style mixed-use facility for citizens with intellectual disabilities. To ensure that the non-agricultural activities are located outside the Preservation Easement, Vanguard previously requested that the City release approximately 500,543 sq. ft. (11.491 acres) from the Preservation Easement, in exchange for placing approximately 518,527 sq. ft. (11.904 acres) of the Vanguard Parcel into the ARP, under the Preservation Easement. City Council authorized the release and exchange on March 11, 2014, by Ordinance No. ORD-3333X. During recent site plan review for the proposed development, it was determined that an additional non-agricultural use was planned to be placed in the Preservation Easement area; therefore, Vanguard requests that the City release approximately 15,089 sq. ft. (0.346 acres) from the Preservation Easement (the "Released Area"), in exchange for placing approximately 15,095 SF (0.346 acres) (the "Exchanged Area") under the Preservation Easement, as more particularly described and shown on Exhibit A attached to the Ordinance. • Considerations: The total Preservation Easement area would remain approximately 40.092 acres. The appraiser for the original ARP purchase in 2001 has stated, by letter dated March 23, 2022, that there is no difference in the current market value of the Released Area and the Exchanged Area. Vanguard has been notified that it will need to comply with all requirements of the City's zoning and subdivision ordinances prior to beginning construction on its property not subject to the Preservation Easement. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by Vanguard, and states that the City Council shall allow such exchanges under certain conditions. Those conditions, which are set forth in the attached Ordinance as findings of the City Council, are as follows: (1) the acquisition of the proposed Exchanged Area in lieu of the Released Area does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Exchanged Area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the Exchanged Area is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the Released Area; and (4) the consideration for the acquisition of the Exchanged Area consists solely of the extinguishment of the Released Area. The proposed Ordinance authorizes and directs the City Manager to execute the documents necessary to affect the exchange as described herein. Such direction is subject to the City Attorney's determination that there are no defects in title to the Exchanged Area to be placed under the Preservation Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. • Public Information: Public information will be handled through the normal agenda process. • Alternatives: Approve the proposed exchange as presented, deny the proposed exchange or modify the terms and requirements as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Agriculture is City Manager: 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A DEED OF RELEASE 3 AND EXCHANGE PERTAINING TO AN AGRICULTURAL 4 LANDS PRESERVATION EASEMENT LOCATED ON 5 LAND OF VANGUARD LANDING, INC. 6 7 WHEREAS, On December 19, 2001, Nancy Ellen Williamson ("Williamson"), owner 8 of a parcel of land located at 2036 Princess Anne Road (GPIN: 2413-19-9845) (the 9 "Williamson Parcel"), placed the said parcel into the City's Agricultural Reserve Program 10 ("ARP"), by conveying an ARP preservation easement to the City (the "Preservation 11 Easement"). 12 13 WHEREAS, in 2014, Williamson conveyed the Williamson Parcel to Vanguard 14 Landing, Inc., a Virginia non-stock corporation ("Vanguard"), subject to the Preservation 15 Easement; 16 17 WHEREAS, Vanguard also owns a parcel of land located at 2020 Princess Anne 18 Road (GPIN: 2413-19-6111) (the "Vanguard Parcel"), which is adjacent to the Williamson 19 Parcel; 20 21 WHEREAS, Vanguard proposes to develop its property into an agrarian-style mixed- 22 use facility for citizens with intellectual disabilities; 23 24 WHEREAS, in 2014, to ensure that all non-agricultural activities were located 25 outside the Preservation Easement, Vanguard requested that the City release a portion of 26 the land encumbered by the Preservation Easement, in exchange for Vanguard adding 27 approximately the same portion of unencumbered land to the Preservation Easement; 28 29 WHEREAS, by Ordinance ORD-3333X, City Council approved the requested 30 exchange; 31 32 WHEREAS, during the recent site plan review for the proposed development, it was 33 determined that an additional non-agricultural use was placed in the Preservation 34 Easement area; therefore, Vanguard has requested another exchange of land similar to 35 that in 2014; 36 37 WHEREAS, Vanguard has requested that the City release approximately 15,089 sq. 38 ft. of land currently encumbered by the Preservation Easement (the "Released Area"), in 39 exchange for adding approximately 15,095 sq. ft. of land (the "Exchanged Area") to the 40 Preservation Easement, as more specifically shown on the plat attached hereto as Exhibit 41 A; 42 43 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance 44 (hereinafter"Ordinance"), a landowner may petition the City Council for the extinguishment 45 of a Preservation Easement in exchange for the conveyance to the City of a Preservation 46 Easement on a different portion of the landowner's property, under certain conditions set 47 forth in the Ordinance; 48 WHEREAS, the Ordinance provides that the City Council shall approve such an 49 exchange if it makes certain findings enumerated in the Ordinance; and 50 51 WHEREAS, the City Council does hereby make such findings, to-wit: 52 53 (1) the acquisition of the proposed Exchanged Area in lieu of the Released Area 54 does not adversely affect the City's interests in accomplishing the purposes of the 55 Ordinance; 56 57 (2) the proposed Exchanged Area meets all of the eligibility requirements set 58 forth in Section 7 of the Ordinance; 59 60 (3) the Exchanged Area is of at least equal fair market value, is of greater value 61 as permanent open space, and of as nearly as feasible equivalent usefulness and location 62 for use as permanent open-space land as the Released Area; and 63 64 (4) the consideration for the acquisition of the Exchanged Area consists solely of 65 the extinguishment of the Released Area. 66 67 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 68 VIRGINIA BEACH: 69 70 That subject to the determination of the City Attorney that there are no defects in title 71 to the Exchanged Area or other restrictions or encumbrances thereon which may, in the 72 opinion of the City Attorney, adversely affect the City's interests, the City Manager is 73 hereby authorized and directed to execute the necessary documents pursuant to which the 74 City releases the existing Preservation Easement on the Released Area, as shown on the 75 plat attached hereto as Exhibit A and incorporated herein, and acquires, in exchange 76 therefore, the Exchanged Area, as shown on said plat. 77 78 Adopted by the City Council of the City of Virginia Beach, Virginia,on this day of 79 , 2022. 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N m 0 N �rT rn ■■■■■■■ 0 5 �� W Cn Co rn m■■ )v) W c.1 0 D t' d ry 0 (0 40 0 c) .4_ os - - _ •�■■■■•■ w w D n Dom o o z zz —I m m .q v, S r*1 f*1 o W E.E. x n — — — W C) -i cP o,., r t m o.0 rn W U1 - CA = D y QJ o 5 I��/1 C> XJ m O U' CO P. W 0 r- — ry s:E. J� noon- M f C 0 r n r m -4 <o `) NJ m r*1 Cl) COZ COZ (Ni1 U) < �,=m J >No W= Ns�- r'1g W (I. • o co C 0,F. 5 a �n m 0 �0Z-) N O W D W Nh 00O) C7 DOS -4 4, O Z (n (n A > co ram? -,, C) z D W m o 0 r- . z o c., CA ? cn CO ,\ CO 0 D �+ O O N o O m (0 CI1 0 0 I (m 0 WO C 00- D Disclosure Statement *NB City of Virginia Beath Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Vanguard Landing, Inc.,a Virginia Non-Stock Corporation Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. R. Edward Bourdon,Jr., Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? II Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Debra B. Dear,Founder/Executive Director;Whitney Dear Reyes,Board Chairman;Richard Nickerson, Director; Laure Haddock, Director; Lori Bridges, Director;Charles Zdebski,Director • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 a g e Disclosure Statement ALB City of Virginia Beach Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 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. City of Virginia Beach Development Authority 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? I Yes ❑ No • If yes,identify the firm and individual providing the service. Small Business ABC's, Naseem Matteson-bookkeeping/Chris Wood,CPA 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 ❑ No • If yes,identify the firm and individual providing the service. Jon Covington,Covington Hendrix Anderson Architects;Greg Frech,GMF Associates; Barbara Brenesh,bgracedesigns 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes IN No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 j i)a g e Disclosure Statement City of Virginia Bach 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? IN Yes 0 No • If yes,identify the company and individual providing the service. James K.Jolley,ACS Contracting;George Mirmelstein, Beacon Construction;J.Mark Slack,Kanawha Realty Advisors 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. Jeff Vierrether,MSA,P.C.; PACE Collaborative,Sinclair,Pratt Cameron 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.;Charles A.Zdebski,Eckert Seamans Charin&Mellott,LLC 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. 61M) kaid Applicant Signature Debra B.Dear,Executive Director Print Name and Title April 1 ,2022 Date Is the applicant also the owner of the subject property? IN 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 I " cc,rr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Agreement to establish and maintain the Virginia Beach Conservation Assistance Program Between the City of Virginia Beach and Virginia Dare Soil and Water Conservation District MEETING DATE: May 17, 2022 • Background: The Soil and Water Conservation District implemented an urban cost share program that provides financial incentives and technical and educational assistance to property owners installing eligible Best Management Practices (BMPs) called the Virginia Conservation Assistance Program. Many property owners in the City have taken advantage of this cost share program, however, there are more applicants than funding available in the program. The City of Virginia Beach has a permit issued from the Department of Environmental Quality (DEQ) that encourages the installation of storm water practices on properties that have been developed to help improve surface water quality in local waterways. Establishment of a new Virginia Beach Conservation Assistance Program (VBCAP) will support the City's compliance with the Municipal Separate Storm Sewer System (MS4) permit. Additionally, the program will leverage the resources provided by Virginia Dare for education and technical assistance as the City provides additional funding to support implementation of BMPs in Virginia Beach to address a portion of the demand from residents for this cost share program • Considerations: This program will be funded from the Water Quality Cost Participation Projects II CIP 100472. The total annual cost of the five-year agreement is $160,000. Funding is appropriated in the FY22 CIP and future funding is allocated in the proposed FY23 Budget. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: ➢ Resolution ➢ Summary of Terms ➢ Executed Memorandum of Agreement Recommended Action: Approval of Resolution Submitting Department/Agency: Public Works City Manager: po 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY 3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT 4 TO ESTABLISH THE VIRGINIA BEACH CONSERVATION 5 ASSISTANCE PROGRAM BETWEEN THE CITY OF 6 VIRGINIA BEACH AND THE VIRGINIA DARE SOIL AND 7 WATER CONSERVATION DISTRICT 8 9 WHEREAS, the Soil and Water Conservation District implemented the Virginia 10 Conservation Assistance Program (VCAP), an urban cost share program that provides 11 financial and educational assistance to property owners installing Best Management 12 Practices (BMP); and 13 14 WHEREAS, the City of Virginia Beach (City) is interested in expanding the program 15 to create a Virginia Beach Conservation Assistance Program (VBCAP) for the City to 16 provide more financial assistance than is now available and to encourage the improvement 17 of surface waters in the City; and 18 19 WHEREAS, the new VBCAP will also support the City's compliance with its 20 Municipal Separate Storm Sewer System (MS4) permit; and 21 22 WHEREAS, the City will be able to leverage state funds to increase the funding 23 provided to meet some of the demand for citizen interest in this cost share program; and 24 25 WHEREAS, the Virginia Dare Soil and Water Conservation District(VDSWCD) and 26 the City, will through this Memorandum of Agreement, effectively operate and be 27 responsible for the VBCAP. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 31 32 1 . The Council approves the Memorandum of Agreement and authorizes and 33 directs the City Manager to execute the Memorandum of Agreement in the 34 form attached. 35 2. This Resolution shall take effect upon adoption. Adopted by the City Council of the City of Virginia Beach on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4Th . k‘i-.)14-4Q12N Director of Public Works City Attorney's Office CA15695/R-2/May 6, 2022 MEMORANDUM OF AGREEMENT SUMMARY OF MATERIAL TERMS PURPOSE: To establish and maintain the Virginia Beach Conservation Assistance Program PARTIES: Virginia Dare Soil and Water Conservation District and the City of Virginia Beach WITHDRAWAL: Notice to Terminate by either party. Effective Immediately if nonappropriation or at the start of the following term DUTIES: THE CITY OF VIRGINIA BEACH SHALL: 1. Provide a staff liaison to assure a consistent line of communication between the City of Virginia Beach and VDSWCD. The staff liaison will: • Meet at least quarterly with VDSWCD to discuss program administration, outreach, successes, and challenges; • Provide outreach and information to the City of Virginia Beach property owners regarding VBCAP; and • Provide copies of materials developed by VDSWCD, including application forms, to potential VBCAP applicants. 2. Subject to appropriation by the City Council for the City of Virginia Beach, provide annual funding of$160,000 to VDSWCD for purposes of administering and implementing VBCAP. VDSWCD SHALL: 1. Administer and implement VBCAP in conjunction with VCAP for property located within the limits of the City of Virginia Beach. Administrative and implementation tasks include, but are not limited to: • Financial administration in accordance with the Department of Conservation and Recreation's Desktop Procedures for District Fiscal Operations. Records shall be made available to the City of Virginia Beach upon request. • Review VBCAP applications and decide whether to approve said applications. • Provide forms and program information to VBCAP participants. • Provide outreach and understanding of program and program process to the residents of the City of Virginia Beach to maximize participation in VBCAP. • Provide guidance and technical assistance to program applicants during the application process and during construction installation. • Coordinate with City of Virginia Beach departments for compliance with codes, ordinances and permitting processes. • Provide final construction installation certification prior to payment of funds to property owners. • Provide periodic spot checks to ensure practice maintenance in accordance with VCAP standards. 2. Provide to the City of Virginia Beach copies of applications, ranking worksheets, construction installation certificates, and cost reimbursement amounts for practices implemented using VBCAP. 3. Develop priority considerations in coordination with the City of Virginia Beach for VBCAP. The priority considerations will be used for VBCAP practices only. 4. Utilize VBCAP funds from the City of Virginia Beach to fully fund selected applicants until such time that all such available VBCAP funds are exhausted from the annual appropriation. 5. Provide a staff liaison to provide a consistent line of communication between the City of Virginia Beach and VDSWCD. The staff liaison will meet at least quarterly with the City of Virginia Beach to discuss program administration, outreach, successes, and challenges. 6. Maintain communication with the City of Virginia Beach staff liaison regarding program issues which may arise between quarterly meetings. 7. Ensure copies of all financial records and other program records are available upon request. 8. Provide training for VDSWCD staff, adequate to ensure familiarity with, and competent administration and implementation of, the VBCAP program. 2 MEMORANDUM OF AGREEMENT Between CITY OF VIRGINIA BEACH And the VIRGINIA DARE SOIL AND WATER CONSERVATION DISTRICT This Memorandum of Agreement(MOA)is made and entered into the day of ,2022,by and between the City of Virginia Beach and the Virginia Dare Soil and Water Conservation District(VDSWCD). WHEREAS,VDSWCD has established a Conservation Assistance Program funded by the Commonwealth of Virginia(VCAP),to provide monetary assistance to non-agricultural landowners as an incentive for implementation of measures that will reduce their stormwater footprint and improve surface water quality;and WHEREAS,the City of Virginia Beach desires to establish an incentive program to be known as the Virginia Beach Conservation Assistance Program(VBCAP),whereby City of Virginia Beach funding expands the VCAP Program to City of Virginia Beach non-agricultural property owners who can take advantage of this Conservation Assistance Program to implement best management practices that will achieve reductions in stormwater pollution;and WHEREAS,VDSWCD has agreed to administer VBCAP in conjunction with the VCAP. NOW THEREFORE,in consideration of the premises,mutual covenants,and obligations contained herein,the City of Virginia Beach and the VDSWCD hereby enter into this MOA for the purposes of establishing and maintaining the VBCAP. BASIC PREMISES The City of Virginia Beach initially received a Virginia Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Phase I(MS4)Permit in 1996.The MS4 Permit was reissued in 2016 and includes requirements for the City of Virginia Beach to reduce pollution from stormwater runoff.Pollutant reductions may be achieved through the installation of stormwater management facilities and Best Management Practices(BMPs). Stormwater management facilities and BMPs included in the latest edition of the Virginia Conservation Assistance Program Implementation and Design Manual (VCAP Manual), 7th Edition,Program Year(PY)2021,and as amended from time to time thereafter,are eligible for funding under the VBCAP program.The list of practices eligible for use of VBCAP funds may be modified as mutually agreed upon by both parties,within the VCAP Manual or by a stand-alone document,separate but in addition to the VCAP Manual.The provisions of the VCAP Manual referenced above are incorporated into this MOA by reference, as eligible for use of VBCAP funds. The objective of the VBCAP urban cost-share program is to provide financial incentives and technical and educational assistance to property owners installing BMPs in the City of Virginia Beach.The installation of these BMPs provide for reductions in stormwater pollutants entering the City of Virginia Beach's local waterways. Memorandum of Agreement for VBCAP Page i of 5 THE CITY OF VIRGINIA BEACH AGREES TO: 1. Provide a staff liaison to assure a consistent line of communication between the City of Virginia Beach and VDSWCD.The staff liaison will: • Meet at least quarterly with VDSWCD to discuss program administration, outreach,successes,and challenges; • Provide outreach and information to the City of Virginia Beach property owners regarding VBCAP;and • Provide copies of materials developed by VDSWCD,including application forms,to potential VBCAP applicants. 2. Subject to appropriation by the City Council for the City of Virginia Beach,provide annual funding of$16o,000 to VDSWCD for purposes of administering and implementing VBCAP. VDSWCD AGREES TO: 1. Administer and implement VBCAP in conjunction with VCAP for property located within the limits of the City of Virginia Beach.Administrative and implementation tasks include,but are not limited to: • Financial administration in accordance with the Department of Conservation and Recreation's Desktop Procedures for District Fiscal Operations. Records shall be made available to the City of Virginia Beach upon request. • Reviewing VBCAP applications and deciding whether to approve said applications. • Providing forms and program information to VBCAP participants. • Providing outreach and understanding of program and program process to the residents of the City of Virginia Beach in order to maximize participation in VBCAP. • Providing guidance and technical assistance to program applicants during the application process and during construction installation. • Coordinating with City of Virginia Beach departments for compliance with codes,ordinances and permitting processes. • Providing final construction installation certification prior to payment of funds to property owners. • Providing periodic spot checks to ensure practice maintenance in accordance with VCAP standards. 2. Provide to the City of Virginia Beach copies of applications,ranking worksheets, construction installation certificates,and cost reimbursement amounts for practices implemented through the use of VBCAP. 3. Develop priority considerations in coordination with the City of Virginia Beach for VBCAP.The priority considerations will be used for VBCAP practices only. 4. Utilize VBCAP funds from the City of Virginia Beach to fully fund selected applicants until such time that all such available VBCAP funds are exhausted from the annual appropriation. 5. Provide a staff liaison to provide a consistent line of communication between the City of Virginia Beach and VDSWCD.The staff liaison will meet at least quarterly with the City of Virginia Beach to discuss program administration,outreach,successes,and challenges. 6. Maintain communication with the City of Virginia Beach staff liaison regarding program issues which may arise between quarterly meetings. Memorandum of Agreement for VBCAP Page 2 of 5 7. Ensure copies of all financial records and other program records are available upon request. 8. Provide training for VDSWCD staff,adequate to ensure familiarity with,and competent administration and implementation of,the VBCAP program. METHOD OF FINANCING The annual VBCAP program funding from the City of Virginia Beach to VDSWCD is $16o,000. In order to compensate VDSWCD for its administration of the VBCAP and the provision of technical assistance to property owners,VDSWCD may retain$50o for each application for VBCAP funding that it approves. MODIFICATIONS Modifications to this MOA must be in writing and signed by the City of Virginia Beach and VDSWCD. DURATION AND TERMINATION This MOA will have a term of five(5)years,beginning on the date of full execution of the MOA by the signatories.To conform to local government charter and Code of Virginia requirements,the funding provisions of this MOA will be subject to annual appropriations. This MOA may be terminated by either party by written Notice to Terminate. Such termination will be effective with the start of the following annual term. In the event that the City of Virginia Beach fails to appropriate funds for the VBCAP,VDSWCD may issue a Notice to Terminate the MOA that is effective immediately. Memorandum of Agreement for VBCAP Page 3 of 5 IN WITNESS THEREOF,the duly authorized Chief Administrative Officer of the City of Virginia Beach and the Chair of the Virginia Dare Soil and Water Conservation District Board of Directors hereby execute this MOA. City of Virginia Beach By: City Manager Date: Date: Attest: APPR VED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �t•� I blazo\.. De artment of Publ. orks City At-torn- • Office Memorandum of Agreement for VBCAP Page 4 of 5 IN WITNESS THEREOF,the duly authorized Chief Administrative Officer of the City of Virginia Beach and the Chair of the Virginia Dare Soil and Water Conservation District Board of Directors hereby execute this MOA. Virginia Dare Soil and Water Conservation District By: Chaff it nia Dare SW Board of Directors Date: 1A4 mac, , 2 Zo ZZ Date: d1�taNC)A 2 4 7-0 2Z Attes . Memorandum of Agreement for VBCAP Page 5 of 5 c r K7. Cir CITY OF VIRGINIA BEACH AGENDA ITEM J Item: An Ordinance Approving the Sale of a Portion of School Board Property for the City's West Neck Road Phase IV Project and Allowing the School Board to Retain the Sale Proceeds Meeting Date: May 17, 2022 • Background: The City of Virginia Beach (the "City") has proposed to purchase a 748 sq. ft. portion of Kellam High School's property located at 2665 West Neck Road (GPIN 1493-79-0082) (the "Property") from the School Board of the City of Virginia Beach (the "School Board"). The Property is needed to complete City's West Neck Road Phase IV Project, CIP 100483 (formerly CIP 2-088). The City and the School Board have reached an agreement that the Property will be conveyed for the appraised value of $1,600. • Considerations: Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body, and after the school board has held a public hearing on such sale and retention of proceeds. On April 26, 2022, the School Board adopted a Resolution affirming that it had no further use for the Property, and agreed to sell it to the City for $1,600. • Public Information: The School Board held a public hearing on April 26, 2022 regarding the proposed sale of the Property to the City and retention of the proceeds therefrom. The actions to be taken by City Council will be handled through the normal agenda process. • Attachments: Ordinance, Location Map, School Board Resolution Recommended Action: Adoption of Ordinance At',' Submitting Department/Agency: Public Works / Real Estate City Manager: 1 AN ORDINANCE APPROVING THE SALE OF A 2 PORTION OF SCHOOL BOARD PROPERTY 3 FOR THE CITY'S WEST NECK PHASE IV 4 PROJECT AND ALLOWING THE SCHOOL 5 BOARD TO RETAIN THE SALE PROCEEDS 6 7 8 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from 9 the School Board of the City of Virginia Beach (the "School Board") certain real property 10 comprised of a 748 sq. ft. portion of GPIN 1493-79-0082 for right-of-way purposes (the 11 "Property"). The Property shall be used for the City's West Neck Phase IV Project; 12 13 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for 14 which the school board has no future use and to retain the proceeds of such sale upon 15 approval of the local governing body, after the school board has held a public hearing on 16 such sale and retention of proceeds; 17 18 WHEREAS, the School Board held a public hearing on April 26, 2022 on the 19 proposed sale of the Property to the City and retention of the proceeds therefrom; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1 . That the sale of the Property as shown on Exhibit A, attached hereto and 25 made a part hereof, from the School Board to the City is hereby approved; and 26 27 2. That the School Board may retain all of the proceeds of the sale, in 28 accordance with the provisions of Virginia Code §22.1-129. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 31 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /1- 744-• - 4-e' Public Works / Real Estate Ci y t me CA15229 R-1 May 6, 2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d014\p041\00789387.doc EXHIBIT A SUMMARY OF TERMS OWNER: School Board of the City of Virginia Beach BUYER: City of Virginia Beach PROPERTY: Approximately 748 ± sq. ft. located at 2665 West Neck Road (GPIN: 1493-79-0082) CONSIDERATION: $1,600 (appraised value) SOURCE OF FUNDS: West Neck Road Phase IV CIP 100483 (formerly CIP 2-088) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • City shall bear the costs of preparation of closing documents and recording fees. p �o 0 N NIMMo PW �Q - _ IOW, N \ cQ'� 40% . : 1f� W,� E �N�P� SIT A*0 � � _ a s E ftv --4 -**.-: ' WY. 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Jr a V 011,4*.2,4 1"121 , ) rtairilliale �1 -4; 4 ttairt: - — — iiiI LOCATION MAP �//j iureei WEST NECK PHASE IV MI MIN CIP 2-088 Prepared by P.W./Eng./Eng.Support Services Bureau 01/04/2021 X:\CADD\Projects\ARC FilesWGENDA MAPS\WEST NECK PHASE IV CIP 2-088 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Carolyn T.Rye,Chair Kimberly A.Melnyk,Vice Chair District 5-Lynnhaven District 7—Princess Anne Beverly M.Anderson Sharon R.Felton Jennifer S.Franklin At-Large District 6—Beach District 2—Kempsville Dorothy M.Holtz Laura K.Hughes Victoria C.Manning At-Large At-Large At-Large Jessica L.Owens Trenace B.Riggs Carolyn D.Weems District 3—Rose Hall District 1—Centerville District 4-Bayside Aaron C.Spence,Ed.D.,Superintendent RESOLUTION REGARDING THE SALE OF PROPERTY OF A PORTION OF KELLAM HIGH SCHOOL PROPERTY TO THE CITY OF VIRGINIA BEACH WHEREAS,the City of Virginia Beach (the"City") has identified the need to purchase certain School Board real property, to-wit: 748 square feet, located on the Kellam High School site and identified as a portion of parcel GPIN 1493-79-0082(the "School Board Property"), for right-of-way purposes as part of the City's West Neck Road Phase IV Project CIP 100483 (formerly CIP 2-088) (the"Project"); WHEREAS,the Project will provide for the design and construction of paved shoulders for cyclists, pedestrian accommodations, and drainage swales along West Neck Road; WHEREAS,the City has proposed purchasing the School Board Property for fair market value which will enable the City to complete the Project; WHEREAS,Virginia Code§22.1-129(B) allows the School Board to convey real property that it determines is surplus of its needs; WHEREAS, due to the negligible impact the conveyance of the School Board Property will have on the Kellam High School site and the expected benefits to be derived for the citizens of the City of Virginia Beach, the School Board is of the opinion that conveyance of the School Board Property for such right-of-way purposes is a benefit to both parties. NOW THEREFORE BE IT RESOLVED that: 1. The School Board finds that conveying the School Board Property to the City of Virginia Beach for right-of-way purposes is a benefit to the citizens and that the sale of the area for right-of-way purposes will notadversely impact the residue of the Kellam High School site. Further, in accordance with Virginia Code§22.1-129(B), the School Board does not have further use of the area to be sold. 2. The School Board agrees to accept the fair market value of$1,600.00 as payment in full for the 748 squarefeet to be conveyed to the City. 3. The School Board authorizes the Chair or her designee to execute any and all documents desired andnecessary to complete the above-referenced transaction and to take all actions necessary to have these funds retained by the School Board. 40`s1 It �• •. "'' •�/, }.•Adopted by the School Board of the City of Virginia Beach this 26th day of April 2022. • S 4 `; SEAS=?r • rit/Lf u ��•• 1,1 •y,�r• Carolyn T. Rye,School Board Chair.J 7� Regin .Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 www.vbschools.com ,JG,�"u BE,!C w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the Issuance of Residential Care Facility Revenue Bonds (Westminster-Canterbury on Chesapeake Bay) MEETING DATE: May 17, 2022 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Westminster-Canterbury on Chesapeake Bay ("Westminster-Canterbury"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $164,000,000 (the"Bonds") in order(i)to finance and refinance the acquisition, design, construction and equipping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments, memory support apartments, adult care program and dining venues and other amenities over one level of parking; and (ii)to finance and refinance other capital projects at the Community all within the existing structures or existing parking facilities located at the Community and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing will be held on April 19, 2022. The debt issued shall be non-recourse to the City or Authority and shall not constitute a debt of either body. Westminster-Canterbury is a not-for-profit assisted living facility providing residential care for the aged available to residents of the City. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution Authority's Submittal Letter to Council w/attachments: - Certificate - Notice of Public Hearing - Summary of Statements at the Public Hearing - Authority's Resolution - Statement of Authority - Fiscal Impact Statement - Economic Development's Letter to Authority Location Map Disclosure Statement Recommended Action: Approval i�� Submitting Department/Agency: Economic Development J' City Manager: /IP 1 RESOLUTION OF CITY COUNCIL APPROVING THE 2 ISSUANCE OF RESIDENTIAL CARE FACILITY 3 REVENUE BONDS (WESTMINSTER-CANTERBURY 4 ON CHESAPEAKE BAY) 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has 7 approved the application of Westminster-Canterbury on Chesapeake Bay ("Westminster- 8 Canterbury"), a Virginia nonstock corporation, whose primary business address is 3100 9 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting that the 10 Authority issue up to $164,000,000 of its revenue bonds in one or more series at one time 11 or from time to time (the "Bonds") and loan the proceeds of the Bonds to Westminster- 12 Canterbury in order: 13 14 (1) to finance and refinance the acquisition, design, construction and equipping 15 of an up to seven-story assisted living and memory care building with additional licensed 16 assisted living apartments, memory support apartments, adult care program and dining 17 venues and other amenities over one level of parking; and 18 19 (2) to finance and refinance other capital projects at the Community all within 20 the existing structures or existing parking facilities located at the Community and amounts 21 required for reserves, working capital, capitalized interest, costs of issuance and other 22 financing expenses related to the issuance of the Bonds. Items (1) and (2) above are 23 collectively referred to as the "Plan of Finance". 24 25 WHEREAS, the Authority held a public hearing on April 19, 2022, regarding the 26 Plan of Finance; 27 28 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 29 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 30 private activity bonds and over the area in which any facility financed with the proceeds 31 of private activity bonds is located must approve the issuance of the bonds and Section 32 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 33 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such 34 approval; 35 36 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 37 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 38 the Bonds are located in the City and the City Council of the City of Virginia Beach, 39 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 40 41 WHEREAS, the Authority has recommended that the Council approve the Plan of 42 Finance and the issuance of the Bonds; and 43 44 WHEREAS, a copy of the Authority's inducement resolution approving the 45 issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public 46 hearing and a Fiscal Impact Statement have been filed with the Council. 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, VIRGINIA: 49 50 1. The Council hereby approves the issuance of the Bonds, in an aggregate 51 principal amount up to $164,000,000, by the Authority for the benefit of Westminster- 52 Canterbury, solely to the extent required by Section 147(f)of the Code and Section 15.2- 53 4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance. 54 55 2. The approval of the issuance of the Bonds does not constitute an 56 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan 57 of Finance or Westminster-Canterbury. In accordance with Chapter 643 of the Acts of 58 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or a 59 pledge of the faith and credit or taxing power of the Commonwealth of Virginia or any 60 political subdivision thereof, including the Authority and the City. 61 62 3. This resolution shall take effect immediately upon its adoption. 63 64 Adopted by the City Council of the City of Virginia Beach, Virginia, on 65 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �di/eZ-7 conomic Development City Attorney CA15625 \\vbgov.com\dfs 1\applications\citylaw%cycom32\wpd ocs\d0051p042100801932.docx R-1 May 9, 2022 2 ,.._ i VIRGINIA BEACH May 5,2022 The Honorable Robert M.Dyer,Mayor Members of City Council • Municipal Center Virginia Beach, Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Revenue Bonds Dear Mayor Dyer and Members of Council: We submit the following in connection with the request of Westminster-Canterbury on Chesapeake Bay's application for the issuance of residential care facility revenue bonds in an amount not to exceed$164,000,000 for the project located at 3100 Shore Drive,Virginia Beach, Virginia. 1. Certificate of the City of Virginia Beach Development Authority (the"Authority")with the following attachments: a) Evidence of publication of notice of hearing(Exhibit A). b) Summary of the statements made at the public hearing(Exhibit B). c) Authority's Resolution recommending Council's approval (Exhibit C). 2. Statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above(Exhibit D). 3. Fiscal Impact Statement(Exhibit E). 4, Letter from Dept. of Economic Development to the Authority commenting on the project (Exhibit F). Sincerely, ij ,_,2'L--: osep E, Strange,Vice-Chair JES/AWS/csk Enclosures j I 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 1 • { { { CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies as follows: 1. A meeting of the Authority was duly called and held on Tuesday, April 19, 2022, at 8:30 a.m. before the Authority in the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, pursuant to proper notice given to each Commissioner of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chair announced the commencement of a public hearing on the application of Westminster-Canterbury on Chesapeake Bay,a Virginia nonstock corporation organized under the laws of the Commonwealth of Virginia,and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the City of Virginia Beach, Virginia(the"Notice"),with the second publication appearing not less than six days nor more than twenty-one days prior to the hearing date. A copy of the Notice is attached and has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of the inducement resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Commissioners present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority, as of April 19,2022. 1 IJ ce-Ch ir, City of Virginia Beach evelopment Authority [SEAL] Exhibits: A-Copy of Certified Notice B -Summary of Statements C -Approving Resolutions EXHIBIT A NOTICE OF PUBLIC HEARING (See Attached) ell0 VIRGINIA MEDIA Sold To: McGuire Woods Consulting-CU00009970 800 E Canal St, 16th Floor Richmond,VA 23219-3916 Bill To: McGuire Woods Consulting-CU00009970 800 E Canal St, 16th Floor Richmond,VA23219-3916 Affidavit of Publication State of Illinois County of Cook Order Number:7182890 Purchase Order:WCCB 2022 This day,Jeremy Gates appeared before me and,after being duly sworn,made oath that: 1)He/she is affidavit clerk of The Virginian Pilot,a newspaper published by Virginian-Pilot Media Companies,LLC in the city of Norfolk, Portsmouth,Chesapeake,Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and https://www.publicnoticevirginia.com Published on:Apr 05,2022:Apr 12,2022. Cerl'40- Jeremy Gates Subscribed and sworn to before me in my city and state on the day and year aforesaid this 13 day of April, 2022 My commission expires November 23,2024 ',// -/11 -- Notary Signature BREa+IG��N KOLASA .'•:.4f .::j�Nat3ty Eubl•C,Srerc of III;10%3 f4. / tAli COrT,r- SS.On Exp+reS { Ncver ;e• 23 2074 — ........ Am,.,J Notary Stamp ep VIRGINIA M E r> I A NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON THE ISSUANCE OF UP TO $164.000.000 OF ITS REVENUE BONDS FOR THE BENEFIT OF WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY Notice is hereby given that the City of Virginia Beach Development Authority ("the Authority"). will hold a public hearing on the application of West- minster Canterbury on Chesapeake Bay. a Virginia nonstock corporation i"Westmin Ste r-Canterbury"). whose address Is 3100 Shore Drive.Virginia Beach.Virginia 23451, requesting the Authority issue up to $164.000.000 of its tax-exempt revenue bonds (the "Bonds") in one or more series from time to time to finance the plan of fi- nance described below(the-Plan of Fi- nance").The Bonds are expected to be issued as qualified 501(c)(3)bonds as defined in Section 145 of the Internal Revenue Code of 1986,as amended. The Authority will loan the proceeds of the Bonds to Westminster-Canterbury: (1)to finance and refinance the acqui- sition.design,construction and equip- ping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments. memory support apart- ments. adult care program and dining venues and other amenities over one level of parking:and (2)to finance and refinance other capi- tal projects at Westminster- Canterbury's existing community all within the existing structures or exist- ing parking facilities located at the community (which is located in and around the address stated above)and amounts required for reserves.working capital.capitalized interest.costs of is- suance and other financing expenses related to the issuance of the Bonds. The projects being financed as part of the Plan of Finance will be located on the campus of Westminster-Canter- bury. which is located on or in close proximity to 3100 Shore Drive.Virginia Beach. Virginia 23451. Westmeister- Canterb ry expects to own and oper- ate all projects being financed as part of the Plan of Finance. THE ISSUANCE OF THE BONDS AS RE- QUESTED BY WESTMINSTER- CA.NTERBURY WILL NOT CONSTITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY OTHER POLITICAL SUBDIVISION THEREOF. IN- CLUDING THE AUTHORITY AND THE CITY OF VIRGINIA BEACH. VIRGINIA. AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COM- MONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF. INCLUDING THE CITY OF VIRGINIA BEACH. VIRGINIA. WILL BE PLEDGED TO THE PAYMENT OF SUCH BONDS BUT WILL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM WEST- MINSTER-CANTERBURY AND PLEDGED TO THE PAYMENT THEREOF The public hearing,which may be con- tinued or adjourned. will be held at 8:30 a.m.on Tuesday,April 19.2022. C) VIRGINIA M E c I A oetore me Autnority. in me Authority s offices located at 4525 Main Street. Suite 700. Virginia Beach. Virginia 23462.Any person interested in the is- suance of the Bonds may appear at the hearing and present his or her dews. Information regarding Westminster- Canterbury's request is on file and is open for inspection at the Authority's office at 4525 Main Street.Suite 700. Virginia Beach.Virginia 23462 during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4/5/2022.4/12/2022 7182890 EXHIBIT B SUMMARY OF STATEMENTS A representative of counsel for Westminster-Canterbury on Chesapeake Bay appeared before the Authority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $164,000,000 FOR THE BENEFIT OF WESTMINSTER- CANTERBURY ON CHESAPEAKE BAY BY PUBLIC SALE WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), a political subdivision of the Commonwealth of Virginia(the"Commonwealth"), is empowered by Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"),to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3)of the Internal Revenue Code of 1986,as amended(the"Code");and WHEREAS, the Authority has received a request from Westminster-Canterbury on Chesapeake Bay, a Virginia nonstock corporation("Westminster-Canterbury"),whose address is 3100 Shore Drive,Virginia Beach,Virginia 23451 (the"Community")requesting the Authority to issue and sell its revenue bonds(the"Bonds")from time to time and in one or more series,pursuant to the Act,to provide funds to Westminster-Canterbury: (1) to finance and refinance the acquisition, design, construction and equipping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments, memory support apartments, adult care program and dining venues and other amenities over one level of parking; and (2) to finance and refinance other capital projects at the Community all within the existing structures or existing parking facilities located at the Community and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. Items (1) and (2) are collectively referred to as the "Plan of Finance";and WHEREAS, on April 19, 2022, an inducement resolution was adopted by the Authority and a public hearing was held as required by Section 147(f)of the Code,and Section 15.2-4906 of the Code of Virginia of 1950,as amended(the"Virginia Code"); and WHEREAS, the Authority desires to authorize the issuance of the Bonds, and the documents evidencing and securing the Bonds, subject to the approval of the City Council of the City of Virginia Beach, Virginia (the "Council"), as required by Section 15.2-4906(C) of the Virginia Code; and WHEREAS, the Authority will issue the Bonds pursuant to a Bond Trust Indenture (the "Bond Indenture"), between the Authority and a bond trustee to be selected by Westminster- Canterbury(the "Bond Trustee"); and WHEREAS,the Authority will loan the proceeds of the Bonds to Westminster-Canterbury pursuant to a Loan Agreement (the "Loan Agreement"), among the Authority and Westminster- Canterbury,and Westminster-Canterbury will evidence its payment obligations with respect to the 148363599.2 Bonds by a promissory note from Westminster-Canterbury to the Authority in the principal amount equal to the principal amount of the Bonds (the"Note"); and WHEREAS, the Bonds are expected to be offered for sale by B.C. Ziegler and Company ("Ziegler"), or a group of underwriters managed by such firm (collectively the "Underwriters"), pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") dated the date of its execution and delivery, among the Authority, Westminster-Canterbury and Ziegler on behalf of itself or as a representative for the Underwriters; and WHEREAS, the Bonds will be offered for sale by the Underwriters and there will be a disclosure document in the form of an official statement in preliminary form to be dated the date of its delivery(the"Preliminary Official Statement"),prepared under the direction of Westminster- Canterbury in connection with the offering and sale of the Bonds; and WHEREAS, the Authority will assign the Note to the Bond Trustee pursuant to the Bond Indenture; and WHEREAS,there have been presented to this meeting drafts of the following instruments (the "Authority Documents")which the Authority proposes to execute or approve to carry out the issuance and sale of the Bonds, copies of which instruments shall be filed with the records of the Authority: (a) Bond Indenture, including the forms of the Bonds; (b) Loan Agreement; (c) Note, with the Authority's assignment thereof; (d) Bond Purchase Agreement; and (e) Preliminary Official Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby finds and determines that the Plan of Finance will be in the public interest and will promote the commerce, safety,health, welfare, convenience or prosperity of the Commonwealth, and the City of Virginia Beach,Virginia(the"City")and their citizens and in particular will promote the provision of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The issuance of the Bonds, to be styled the "City of Virginia Beach Development Authority, Residential Care Facility Revenue Bonds (Westminster-Canterbury on Chesapeake Bay)" (with an appropriate series designation) for the purpose of financing the costs associated with the Plan of Finance is hereby authorized and approved,subject to the approval of the Council, as required by Section 15.2-4906(C)of the Virginia Code. -2- 3. The Bonds shall be issued in a principal amount not to exceed$164,000,000, shall have a maximum true interest cost of not more than 6.00%per annum, shall mature no later than 40 years from their issuance, and shall be substantially in the form attached as an exhibit to the Bond Indenture and shall be issued upon the terms set forth in the Bond Indenture. 4. The Bonds and the other Authority Documents are hereby approved in substantially the forms submitted to this meeting, with such changes as may be approved, with the advice of counsel to the Authority, by the Chair or Vice Chair of the Authority, whose approval shall be evidenced conclusively by the execution and delivery of the Authority Documents. 5. The execution, delivery and performance by the Authority of the Authority Documents are hereby authorized and approved. The execution of the Bonds and delivery against payment therefor,the amount of such payment to be disbursed in accordance with the terms of the Bond Indenture, are authorized. 6. The Chair and the Vice Chair of the Authority, either of whom may act, are each authorized to execute, on behalf of the Authority, the Bonds and the other Authority Documents, and, if required, the Secretary and Assistant Secretary of the Authority, either of whom may act, are each authorized to affix the seal of the Authority to the Bonds and the other Authority Documents(as needed) and to attest such seal. 7. The use and distribution by the Underwriters of the Preliminary Official Statement in the form on file with the Authority are in all respects authorized, ratified and approved. For purposes of Rule 15c2-12 of the Securities and Exchange Commission("Rule 15c2-12"),the Chair or Vice Chair of the Authority, either of whom may act, are authorized to deem the Preliminary Official Statement relating to the Bonds final except for information permitted to be omitted under paragraph (b)(1) of such Rule. The Chair and Vice Chair of the Authority, either of whom may act,are authorized and directed to execute and deliver the Authority's approval of the final official statement (the "Official Statement") upon approval of its form, terms and conditions. Such officer's execution shall constitute conclusive evidence of his approval of such form, terms and conditions. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of Rule 15c2-12. 8. The use and distribution by the Underwriters of the Official Statement are hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chair or Vice Chair, either of whom may act, and whose execution thereof shall constitute conclusive evidence of his or her approval of such form,terms and conditions. 9. The Chair and the Vice Chair of the Authority, either of whom may act, are authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, including but not limited to a tax compliance certificate and an Internal Revenue Service Form 8038, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of -3- the foregoing, previously done or performed by such officers of the Authority, are in all respects approved and confirmed. 10. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments,documents or certificates,and to do and perform such things and acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing,previously done or performed by such officers of the Authority, are in all respects approved,ratified and confirmed. 11. The Bonds and the other Authority Documents shall provide that neither the Commonwealth nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the obligations under the Bonds and the other Authority Documents except from the revenues,receipts and payments pledged therefor,and that neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the City, is pledged to the payment of such obligations. All costs and expenses of the Authority in connection with the issuance of the Bonds and actions taken pursuant to this Resolution, including the fees and expenses of counsel to the Authority, will be paid by Westminster-Canterbury or paid from the proceeds of the Bonds. 12. The Authority determines that the issuance of the Bonds in accordance with the terms of the Bond Indenture and all actions of the Authority contemplated thereunder will be in furtherance of the purposes for which the Authority was organized. 13. No Bonds may be issued pursuant to this Resolution until such time as the issuance of the Bonds has been approved by the Council. 14. Subject to paragraph 13, this Resolution shall take effect immediately upon its adoption. -4- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies that the foregoing is a true,correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on April 19, 2022, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. WITNESS the following signature and seal of the Authority as of April 19,2022. .0,1111PrateA Seer- .ry [SEAL] Rai EXHIBIT D VIRGINIA BEACH UEVELoPMtN1 AUTHORITY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $164,000,000 RESIDENTIAL CARE FACILITY REVENUE BONDS WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY The City of Virginia Beach Development Authority (the "Authority")recommends approval of the above-captioned financing. Westminster-Canterbury on Chesapeake Bay's residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist an existing life-care facility to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757) 385-6464 EXHIBIT E FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date:April 19,2022 To the City Council of the City of Virginia Beach,Virginia Virginia Beach,Virginia 3 Applicant: Westminster-Canterbury on Chesapeake Bay("Westminster-Canterbury") Facility/Plan The financing of improvements to Westminster-Canterbury's campus Finance: 1. Maximum amount of financing sought $164,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality. $85,000,000 3. Estimated real property tax per year using present tax rates. $219,000 4. Estimated personal property tax per year using present tax rates. $0 5. Estimated merchants'capital tax per year using present tax rates. $0 6, (a) Estimated dollar value per year of goods that will be purchased from Virginia $10,109,000 companies within the locality (b) Estimated dollar value per year of goods that will be purchased from $1,018,000 non-Virginia companies within the locality (c) Estimated dollar value per year of services that will be purchased from Virginia $7,278,000 companies within the locality (d) Estimated dollar value per year of services that will be purchased from $408,000 non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis. 81 8. Average annual salary per employee(with benefits). $50,320 1CityofVirevelo meat g P Authority { EXHIBIT F VIRGINIA BEACH ECONOMIC DEVELOPMENT May 6, 2022 Joseph E. Strange, Vice-Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Re: Westminster-Canterbury on Chesapeake Bay Dear Mr. Strange: The Department of Economic Development concurs with the issuance of residential care facility revenue bonds in an amount not to exceed $164,000,000 for Westminster-Canterbury on Chesapeake Bay (the`Bonds"). The issuance of the Bonds by the Authority will be in the public interest,will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety,health,welfare,convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. The funds are(1)to finance and refinance the acquisition, design, construction and equipping of an up to seven-story assisted living and memory care building with additional licensed assisted living apartments,memory support apartments, adult care program and dining venues and other amenities over one level of parking; and(2) to finance and refinance other capital projects at the Community all within the existing structures or existing parking facilities located at the Community and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. If you have any questions,please do not hesitate to contact me. Thank you. Sincerely, Kathy M. Warren Deputy Director KMW/AWS/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 ll'il FA , - O mi. ‘ ,r; \C:::\ \i,. ., ,„, ‘,..„...:21"... -1-____A 0 - JP_ hell r. -- vd________---------- C _-r:- 1 i N \\ lilL 10 0. 'W - j` I 11 O ____ ___.1____--40---- --n %6 101•W- 'J sV----V*1 .'' 0 ENZTO \ i'll G3m 31+,rii c______-,..,1... L_______It i \ \ \ i % s _ _7, CL_*,)a),_r----1 4 :0:', ________ _______ IlL ----titel10_1_ -:-"a-- i I, \ C____-_-_-_-_-_----1- •\ ce loc\n, c_______1105141`17,___, fn ti ` i - ti N 3-'-'4\ tt II !, , I W vi‘i \, ___. ‘ CA4c° v ti ' - ----- " 1 ,& ''. ',,, ‘ 1 .--II \V.`}- \ ‘ \ \',- fclA ________ . --- --- _ _--,:,--^----- - - d __i in N. ,41‘ ci, sill., c,, ix .1 ip :, 4'1° rik, \\ i,.-------------- \ Cl3T;"r 1 ‘b, \ \ 14° ..% I ‘ St \ ‘ \ ' II \ ..*14, 1**4 §1,•.: li \, ilik V— Vit _ \ \ . 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H+2,{t �l'-'._ e!,1 1! •r�4 ,r?r t�. c ri . :i�Tv'.z 7L44. r� 1.7t .; ..r.: .-. •ix- ji,W;:'i'1.r' n .. .;. egei ` re"'t-'r^x'-�== _ -•T" 0: --f a: _•#' .aS s sW,a-s ,, ,_ Y� 4�{z fir," - T�'� Z_ .r t" `r1i tzs: x, m�4TK eft - -Y' £ s.._ :.ems:"- . -. _ :2r.&`-'z- , '-•''s'..=• - ' ,R X•r ..X. fg 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 Westminster-Canterbury on Chesapeake Bay Does the applicant have a representative? E Yes E No • If yes,list the name of the representative. J.Benjamin Unkle,Jr.,President&CEO is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attachment • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Westminster-Canterbury on Chesapeake Foundation, Westminster-Canterbury at Home,LLC,Senior Options,LLC,S.O.Realty, LLC,Lynnhaven Fishing Pier Corporation "'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, 1f Page r:, •hk c.._._tq.•-y-4'.§-_.:.-s..:,1_ Sz rr r_t_-:sr:;_ _ __.s: i . i-:_-r.:'. ' : 2--i f 4.,,- -f: ti;.•: ..1:' ..^.t.-•. r. i ''.'.'Y::�Tt.•'^_ i.Wit`.'..-:2:.��•��lr J" _..L: �^.(.�• "t i3.L• ' ._rT=._ .�1^�:_ �:��_.��.^.i`.....'. 1.. '.'3' li.`.-•�•_ -::i :.. z.A.i:;: `.G`A.•.L_...'a',,•-•i.y-._ - .aka r:--- ---' -=n .-^�- 'L"k�' .��.d..� ._' z^-r _— •. 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Te�.'7s:_--" c �! ae.-r'„•".:..... �� "•: 1.rxc � rn. rf r-xt: --z� r te'-, °l4,, ; ^E �^ __5 :� '+, ej- - .t ti ' -s^ r-i n x;a s.rc;_-�';'?r_• esy� r c r 2,-ie`u Rk ;: 'i .iF "n s.. t- s r•-..... � �' �_ _,:. �_ � :.l.L-� h.•.`" .Y+ ... ._ f .dr�'r..i _ •_t..�j.['=-•-.jy��L .� � ��.- ,F.,• er. t-1 s' Xt—.i '}' W e+ Y 'X "�,3 t !fir«r.. F r� v w.+ �' r?r. ..-vi ''- .�t. .. ��'' t..a_�•," y v ti t••. 'sy# '?.'" •" tr '� r 3 •-�-�=� ,j "_ - •t 'A:KY; 'r•v �t....-....•�T,J t . .,c+w�--�.Ptii_ Mid . • t,i....:",z rs:.`•, -- .. . 445' x 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? E Yes 4 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure I. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? © Yes ❑ No • if yes,identify the financial institutions providing the serice. See attached 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. See attached 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. See attached S. Is there any other pending or proposed purchaser of the subject property? ❑ Yes NI No • If yes,identify the purchaser and purchaser's service providers. 2jPage c3: :.e.'.:�:.rnr a:t�sae:": __:��•4: �=sC..:«i~r�-iti2=- :-_-3"��.r^�x*t w•Y•:d.._ir��•--'.;r'�-i .=:�-xti�<•«'�,ma Ec .F�r ^µx .:-=+=�r_-r-'w.:r-:�sa-^=s .�•�ryms�•�:�_ie�.`�Tu=�YY::^ t;i< a.:.'y:~"_�-1-�^==_ _,- �}--.�--}}.x� .',��_,A<..T..�-'r_a:rr•..:-.-: �' ''Y . �_ ,i'.x.:r?:•�'C=.C.i/-.._:_.'S:"t;•_�Ty.,' �: .:. �.��"5C .'ef.i.:V-.-• _.'r•'s_ • .3L.Z._'`.r.'..w�,�.:.'�.:�.2''�:,2..;7,,x..'..z '' - .�.^'a--•:i' ` -;4----."s,'L....�•�:.._�.Y sc.t'^�^ - -�_- =,;•. ¢: iv-r.cs_-r:. aa-"v- i'V1,..._ ,�^F=s-1 , y :w t__. .{.: . _`tiu .d.-- ._-ti•� ' -.a4;aS-Tr-zr z.-:-' -�- ' :- • _ t ?G='•.3.; 1. f'rs ' :_�:' -ri_�� .r ..s_r._;, "ef x.-� -7:-a'4=�?x�s-'=--.;--�.` �� r.iuux;4:--�zz_� m,*s-fisx » �;_ .. • '�� .:..:y�a �' `� �`�fitg •1t^;_�4 �tY % 1� p-7 . tell _ i�yrti �:s�Cy :i�4x:i., 1yv a -f=- s - - � 3 � �.x _' 3!: - '-z- ix: _.W.�: ��v: ;'•'akfio3t z;-v xxr " aaTrx-_:`.cti-�`�s$ . .E�` i'fa;'x rsL:v-i �.� - '� .Stj. ^. • > : --a t .r-_.xC. ' rT . ma-.�..�rrifit._�yc:f:4�'�� :�.T_-.-- r'ti•.c?e% 4::�y � _ QY ,S'�F�_�- om� F'^-Z ..^. -.`__ •c^. . :-,.1,,s- -4:zL�sY_-"--F c�-':'' -'.�.-- S:.''=,„:� 1 ��a--,lm. y �. �?-,X:wis�-ti �`Tct��.. i- �'0�S��r�sY�:��a -,- z= �a-.at:.7...r_' _, r ` y=_,.S.•�� .�_. ,_-' + �,::s srs -1a'c =- �'r�5t-a-- •-.s___rr -Fr �cr:,+- ^= � Ic =ct•z _ LW:�: : ^4 ��" .r_: ,_� aL*�-•, ir-:t ' "�_ ' i .r` . EC-� - jitiJ1r3 : •�.�=^x _.v-?i^a;j -y v1^:s^:T,=-^:'-Z} � V--. ::;...--;;;OW,-,Cy �',: `` Y » ^e:::c..,,,- j .- -., ;Yv . ,,rt�.-.�.:�',2fa.i � ' ' ?...•. `�.. 7v1:y--•� ._ Y Z r .. • ,� r:t;:_-4 �• i}_ t..^. �.4:& - t_5 Aj�4,-.--._ -^..rC.`�,4 '41. �__ � r, t . . _ a1{ T 1:11-W..7.SK- .....L:�'t'S..�'.t..SY"�.....-e 1. - -'7 4 a + 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 company and individual providing the service. See attached 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. 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. See attached Applicant Signature l 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. ...:,:........,_ (AAA' ' --- A is nt Sig t re .Be 'amin nkle,Jr.,CEO and President Print Name and Title July 29,2021 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, _1OR 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 _ -- 0 No changes as of Date Signature •—_ Print Name 1 1 3 ! Page WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY EXHIBIT A DISCLOSURE STATEMENT FORM SECTION 3—SERVICE PROVIDERS 1. Accounting Services: Jeremy Hicks, CPA, Principal CliftonLarsonAllen 227 West Trade Street,Suite 800 Charlotte, NC 28202 704-998-5259 2. Financing Services: Senior Managing Underwriter: Tad Melton Adam Garcia Ziegler Ziegler 5701 Patterson Avenue,Suite 200 5701 Patterson Avenue,Suite 200 Richmond,VA 23226 Richmond,VA 23226 804-793-8487 804-793-8487 Co-Manager: 1-1801264.1 3. Legal Services: Bond Counsel: General Counsel: David L. Richardson Hugh L. Patterson Thomas Wiliam (TW)Bruno Willcox&Savage,P.C. McGuire Woods LLP 440 Monticello Avenue 800 East Canal Street Suite 2200 Richmond,VA 23219 Norfolk,VA 23510 804-775-1030 757-628-5 557 Brian C. Purcell Willcox&Savage,P.C. 757-62B-5688 Stephen W. Brewer Willcox&Savage, P.C. 757-628-5595 Underwriter's Counsel Trustee: Nancy Blodinger U.S. Bank 1021 East Cary Street,Suite 1850 Richmond,VA 23219 704-771-7934 2 1-1801264.1 Construction Services General Contractor _�-- --- -- ---- John Berotti The Whiting-Turner Contracting Company 1317 Executive Boulevard,Suite 120 Chesapeake,VA 23320 757-382-0002 5. --—Design Services -�- Architect David Dillard HKS Inc. { P. 0. Box 731121 Dallas,TX 75373-1121 214-969-5599 3 I-1801264.1 EXHIBIT B DISCLOSURE STATEMENT FORM WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Richard B.Thurmond, Chair Richard C.Burroughs,Vice Chairman John D.Cavanaugh, CPA,Treasurer Lisa B. Smith,Esquire,Secretary J. Benjamin Unkle,Jr.,President& CEO David B. Myers,Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident&Health Operations Mark Borst,VP of Development&General Services Board of Trustees Richard B.Thurmond Richard C. Burroughs John D. Cavanaugh, CPA Lisa B. Smith,Esquire Dr. Townsend Brown,Jr.,DDS PC Dennis G. Manning Ronald"Ron"C.Ripley Charles D.Robison George I.Compo Jane Cady Rathbone Dr. George Wong Katherine C. Willis Elwood B. Boone, III The Rev.Albert G. Butzer, III Ex-Officio The Rt, Rev. Susan Haynes The Rev. Liza Hendricks, General Presbyter 1-1 802 1 20.1 WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Richard B. Thurmond, Chair Lisa B. Smith, Esquire,Vice Chair John D. Cavanaugh, CPA, Treasurer Richard C. Burroughs, Secretary J. Benjamin Unkle,Jr., President&CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Senior Vice President Health and Innovation&Assistant Secretary Mark Borst, Vice President of Real Estate Development and General Services Board of Trustees Richard B. Thurmond Lisa B. Smith, Esquire John D. Cavanaugh, CPA Richard C. Burroughs Elwood B. "Bernie" Boone Dr. Townsend Brown, Jr., DDS PC The Rev. Albert G. Butzer, III George I. Compo Thomas C. "Clint"Damuth Dennis G. Manning Ronald"Ron"C. Ripley Charles D. Robinson Dr. Armistead Williams Katherine C. Willis Dr. George Wong Ex-Officio The Rt. Rev. Susan Haynes The Rev. Liza Hendricks, General Presbyter `v,„'47 ),,,i g ' --'4'; ,,,,.ry CITY OF VIRGINIA BEACH AGENDA ITEM al ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City right- of-way known as Sandfiddler Road, adjacent to 2445 Sandfiddler Road MEETING DATE: May 17, 2022 (DEFERRED INDEFINITELY FROM DECEMBER 7, 2021) • Background: Robert A. Finley and Graciela I. Finley (the "Applicants") have requested permission to retain the existing twelve (12) 4" wood pile posts (the "Encroachments"), located on a portion of the City's right-of-way known as Sandfiddler Road and adjacent to the Applicants' property at 2445 Sandfiddler Road (GPIN: 2434-12-0590). The Applicants resubmitted the encroachment request after reducing the height of the Encroachments. Parking is not permitted on Sandfiddler Road within the area the Encroachments are located. The Applicants have reviewed the attached Agreement and have refused to sign because of the requirement that they maintain liability insurance on the Encroachments, which City Code Sec. 33-113(d)(3) makes applicable for all encroachments into City property. City staff does not support any waiver of the City's insurance requirements. • Considerations: City staff recommends approval of the Ordinance with the insurance requirement intact as shown on the attached agreement. The insurance requirement for encroachments into City property provides a necessary protection for the City's interests in avoiding liability for the Encroachments. If there is no insurance, there is an increased likelihood the City is made party to future lawsuits regarding the existence of the Encroachments. Moreover, these specific Encroachments were brought to the City's attention after a complaint was received about an incident involving the Encroachments and a motor vehicle accident. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: The City Council may add or remove conditions, such as the insurance provision. • Recommendations: Adoption of the Ordinance with the City Code insurance provisions • Attachments: Ordinance, Exhibit, Unexecuted Agreement, Pictures, Location Map, and Disclosure Statement Form Recommended Action: Approval with the statutory insurance provisions Submitting Department/Agency: Public Works/Real Estate (-0 City Manager: /49 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS SANDFIDDLER ROAD, 7 ADJACENT TO 2445 SANDFIDDLER 8 ROAD 9 10 WHEREAS, Robert A. Finley and Graciela I. Finley (the "Finleys") have 11 requested permission to retain twelve (12) 4" wood pile posts (the "Encroachments") into 12 a portion of the City's right-of-way known as Sandfiddler Road, adjacent to their property 13 at 2445 Sandfiddler Road (GPIN: 2434-12-0590); and 14 15 WHEREAS, the Finleys have requested that City Council waive the 16 requirement in City Code Section 33-113(d)(3) that they maintain and keep in effect 17 liability insurance the City as a named insurance on the Encroachments; and 18 19 WHEREAS, the City Staff is of the opinion that insurance for an 20 encroachment is necessary to protect the City's interests in avoiding liability for the 21 Encroachments; and 22 23 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 24 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 25 the City's right-of-way subject to such terms and conditions as Council may prescribe. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That pursuant to the authority and to the extent thereof contained in §§15.2- 31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Finleys, their heirs, assigns 32 and successors in title are authorized to retain the Encroachments in the City's right-of- 33 way as shown on the map entitled: "EXHIBIT SHOWING ENCROACHMENT OF WOOD 34 PILE POSTS LOT 9 SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65 35 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated June 16, 2021, and prepared by 36 Warren & Associates, PC, a copy of which is attached hereto as Exhibit A and on file in 37 the Department of Public Works, to which reference is made for a more particular 38 description; 39 40 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 41 to those terms, conditions and criteria contained in the agreement between the City of 42 Virginia Beach and the Finleys (the "Agreement"), an unexecuted copy of which has been 43 presented to the Council in its agenda, and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 46 BE IT FURTHER ORDAINED, that the City Council declines the Finley's 47 request to waive the insurance requirement in City Code Section 33-113(d)(3); 48 49 BE IT FURTHER ORDAINED, that the City Manager or his authorized 50 designee is hereby authorized to execute the Agreement; and 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time the Finleys and the City Manager or his authorized designee execute the 53 Agreement. 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF IENCY AND FORM: Lh P I, BL'IC WOR S, REAL ESTATE • E NIO CITY ATTORNEY CA15197 R-3 Prepared: 04/27/2021 c:\users\ccvaughan\appdata\local\microsoft\windows\inetcache\content.outlook\2r8psed8\00800262.docx 2 GRAPHIC SCALE ' 0' 25' 50' 75' ME-ROAN cs immirimmii_...... -ft......___f -Oupci, MAP &Oar-. 3? P 0" 1" 2" 3" A 65 LOT 15, BLOCK 2 LOT 14, BLOCK 2 LOT 13, BLOCK 2 NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY KEMN G. BOLL, JR. LISA S. BROWN ROBERTA ECHOLS & LISA N. BOLL REVOCABLE TRUST & BRANDON NAFF INSTRUMENT INSTRUMENT INSTRUMENT 20160805000684600 I 20180103000003870 I 20180807000650490 GPIN 2434 02 9397 'I• GPIN 2434 02 9456 .. GPIN 2434 02 9525 N 10 48'00" W 100 00' LOT 8, BLOCK 2 LOT 10, BLOCK 2 NOW OR FORMERLY LOT 9 NOW OR FORMERLY PAUL A. SAYEGH BLOCK 2 LAWRENCE B. LINDSEY DEED BOOK 4454 INSTR11- UMENT PAGE 466 PROPERTY OF 20180215000130060 GPIN 2434 12 1431 ROBERT A. FINLEY & GRACIELA I. FiNLEY GPIN 2434 12 0569 DEED BOOK 4045 PAGE 183 GRIN 2434 12 0590 b 0 d it:Ili iP1111- ----- :--------- - 1 43 o +; _ -_�---' ups 0 _ 0 r Of #2445 • ! 2-STORY FRAME 2 -" , RESIDENCE Al r �?`� __+ li �' UNDERGROUND °�' :Ti:-.-., + TELECOMMUNICATION �r_�_, LINE C - • •1 1 I.UNDERGROUND r �� i I + POWER LINE ,.. -•— s i --"�---- `--i - ` ii„ , • I+ BLOCK 2 •' . :• •I ' '-WOOD RETAINING WALL :N- « -.-- 1-1 30' BUILDING " ENCROACHMENT AREA `• •1 ' SETBACK LINE = 620 SQUARE FEET •G ; II MAP BOOK 32 PAGE 65 S 10 48'D0" E 100. 0'� 1 + ENCROACHMENT AREA' WATER METER.� • .�. +. a I• %1� T = 135 SQUARE FEET PIN FOUND SEWER MANHOLEi •, . • ...(' ��/NAIL FOUND WOOD PILE POSTS• •:;='.10.%,% a t./•r .',��, EDGE OF ASPHALT ., , ..K i`1:1. �.f • if 12.2 VACUUM VENT 6-6 VACUUM SEWER ----- - 3/4'. WATER SERVICE . j 200' TO SWORDFISH LANE 8" CAST IRON WATER MAIN SANDF1DDLER ROAD 50' RIGHT OF WAY MAP BOOK 32 PAGE 65 �1,4,L'SH 0�► -,, ..,- EXHIBIT - SHOWING ENCROACHMENT OF WOOD PILE POSTS c R.L. HARWOOD LOT 9 Lic. No. 3317 SANDBRIDGE BEACH 6-I6-1I BLOCK 2 MAP BOOK 32 PAGE 65 '�`, 4/b SUR -0- WRGINIA BEACH. VIRGINIA '_.. EXCLUSIVELY FOR: �__ WARREN AND ASSOCIATES. PC LAND SURVEYORS _----‘ ROBERT A. FINLEY & GRACIELA I. FINLEY 3933 Indian Mar Rood Vlivhia SCALD 1 INCH = 25 FEET JUNE 16, 2021 7 Beach, Vivklia 2 3456 1-6sM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERT A. FINLEY and GRACIELA I. FINLEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "9", in Block 2, on that certain plat entitled: "SANDBRIDGE BEACH PRINCESS ANNE COUNTY, VA. PROPERTY OF SANDBRIDGE BEACH INCORPORATED NORFOLK, VA.," Scale: 1" = 100', dated October 10, 1952, and prepared by W. B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 65, and being further designated, known, and described as 2445 Sandfiddler Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain twelve (12) 4" wood pile posts encroaching 12.3' into City right-of-way and encompassing a total of 755 sq. ft., collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY RIGHT OF WAY (NO GPIN ASSIGNED) GPIN: 2434-12-0590 (2445 SANDFIDDLER ROAD) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right-of-way known as Sandfiddler Road located adjacent to 2445 Sandfiddler Road, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT SHOWING ENCROACHMENT OF WOOD PILE POSTS LOT 9 SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated June 16, 2021, and prepared by Warren & Associates, PC, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Notwithstanding anything to the contrary in the aforementioned Exhibit A, the wooden posts along Sandfiddler Road must not exceed a maximum height of four(4) inches. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the 3 Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty(30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert A. Finley and Graciela I. Finley, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: _ My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of �, 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ROBERT A. FINLEY, Owner GRACIELA I. FINLEY, Owner STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by Robert A. Finley and Graciela I. Finley. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SIGNATURE DANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 GRAPHIC SCALE 0' 25' 50' — 75 . M _.a_AN cr _, � SOUR SAP BOOK 52 , GE 0■ 1" 2" 3" 65 LOT 15, BLOCK 2 I LOT 14, BLOCK 2 LOT 13, BLOCK 2 NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY KEVIN G. BOLL, JR. : LISA S. BROWN ROBERTA ECHOLS & LISA N. BOLL REVOCABLE TRUST & BRANDON NAFF INSTRUMENT INSTRUMENT INSTRUMENT 20160805000684600 I 20180103000003870 i 20180807000650490 GPIN 2434 02 9397 {i GPIN 2434 02 9456 GPIN 2434 02 9525 N 10 48'00" W 100. 0 0 ' — LOT 8, BLOCK 2 i I LOT 10, BLOCK 2 NOW OR FORMERLY j LOT 9 NOW OR FORMERLY PAUL A. SAYEGH BLOCK 2 LAWRENCE B. LINDSEY DEED BOOK 4454 % INSTRUMENT PAGE 466 PROPERTY OF 20180215000130060 GPIN 2434 12 1431 ROBERT A. F7NLEY & GRACIELA I. FINLEY GPIN 2434 12 0569 DEED BOOK 4045 PAGE 183 GRIN 2434 12 0590 0 o ko P in cs4 3 - 2445 = 2-STORY FRAME _I I i Z RESIDENCE N 'r— _ UNDERGROUND , o) ---- r TELECOMMUNICATION -- . I�'*� LINE =-- - ALj 1 ti i,UNDERGROUND i' i POWER UNE BLOCK 2 _ ` a '-WOOD RETAINING WALL •'.7. — I-1 / [ • 30' BUILDING ENCROACHMENT AREA •• •1 ' SETBACK LINE = 620 SQUARE FFETh ;•, • • MAP BOOK 32 PAGE 65 S 10'48 DO E ,100.00 1 1 'ENCROACHMENT AREA WATER METER. 1 ,I. k l r = 135 SQUARE FEET { •I .4' ' PIN FOUND SEWER MANHOLE-1 • 1 •1 • I \\ t' NAIL FOUND WOOD PILE POSTS fJ'fz''�j, //' 1 .• !. ;�/aS EDGE OF ASPHALT 12.3 r. /•pi, '� . ° • %/12., i z \ X, . 7/.'444,/ / f. i VACUUM VENT ; �� 6' VACUUM SEWER 3/4' WATER SERVICE _ 200' TO SWORDFISH LANE 8" CAST IRON WATER MAIN SANDFIDDLER ROAD 50' RIGHT OF WAY MAP BOOK 32 PAGE 65 .41,1%. 31.101` p:s.. • a EXHIBIT �= SHOWING ENCROACHMENT OF WOOD PILE POSTS c._o R.L. H AR WOOD ;I , LOT 9 Lic. No. 3317 SANDBRIDGE BEACH ,, (�—I(o-21 BLOCK 2 MAP BOOK 32 PAGE 65 �`�ANp �lE�O VIRGINIA BEACH, VIRGINIA SUR > EXCLUSIVELY FOR: WARREN _AND ASSOCIATES, PC LAND SURVEYORS ROBERT A. FINLEY & GRACIELA I. FINLEY 3933 Indian Other Road VirginSCALE 1 INCH = 25 FEET - JUNE 16, 2021 � 71'& i 23456 • ~• ` i- ^ :r fit+. • • T"� lit • y �� -ti -may ` 4 _ •1- �••- • �a.•y�'f� : - !s •�.a �' +.-CIy_`+' �.°'�i r�- it � f �„��L..4�.�i�I ,� ,t� •Ib�ww cn" �!C� II' 4:��S-�:!_s �i c. Q a �. 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' � f w it •y - •A ,a , r tiri- __------ ..., . .2, „iiiiiis(t40.,\,k\ ...c.. , {ta r • "x{ ' l, —/-- - \ 'if' ', ,\ ,� ram/ gill ,, r i n� * 1 , i.triN. % ' '.:il'4. ''' . , , ' ve\e‘le \'V': ....."-t 1'44.01**4.* , 13 / . 1 LOCATION MAP _.,...,..c.....„..... % , -'', . Alt \16:47 : ., 73,4 \111101111.114111111111 FOR ENCROACHMENT REQUEST u, Legend st :� 'goo ROBERT A. AND GRACIELA L. FINLEY IP LI 2434-12-0590 ..` ‘. G P I N: 2434-12-0590 Feet CITY PROPERTY • t, 0 50 100 200 uey{' \. f IV � Prepared by P.W./Eng./Eng.Support Services Bureau 11/12/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\2434-12-0590\2434-12-0590 Aerial.mxd =__- '1"---, W-.50 E I C r\--- �oOR�oG ITE , -, \-, \__ - -„, �- _\ i.. , , \,.__s (--.---- \ \\ \\ \ 1------- \ ,..- `nI �F�S� _ R s� V`O �r Sly �' o - )o 0 \ \\\\\ S o Q \ o 4Q o ca _.------\ kJ \------ (I) 1,1 o \�� LOCATION MAP Q r v ENCROACHMENT REQUEST �'�"`� `y ,,� �_�_. F O R Legend \ -'ci ROBERT A. AND GRACIELA L. FINLEY CD 2434-12-0590 \\---\ GPIN: 2434-12-0590 Feet CITY PROPERTY o \\ C 0 50 100 200 Prepared P.W./Eng./Eng.Support Services Bureau 11/12/2020 X:\CADD\Projects\ARC Files AGENDA MAPS\2434-12-0590\2434-12-0590.mxd Q A closure Statement113 Marini*a ftenam4). ihrtetileprnieit 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 Robert A. Finley & Graciela I. Finley Applicant Name Does the applicant have a representative? ❑Yes (ZJ No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated busness? ❑ 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 entity2 relationship with the applicant (Attach a list If necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. if Page 1ShiBDisclosure Statement kA6x Pia nhting t Commumts t 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 51 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-coiiateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes Ea No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes El No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the firm or individual providing the service. Warren & Associates PC prepared_Exhibit A the encroachment_plat, for this application. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes al No • If yes,identify the purchaser and purchaser's service providers. Wage Disclosure Statement Manning & Cammun • 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/surveyorJagent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes l0 No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. fffiiijjj v. �w/ )l)l (/) 41,vuetiy Applicant Signature Robert A. Finley, co-owner / Graciela I. Finley, co-owner Print Name and Title 21 September 2021 21 September 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)wee`hs prior to any Planning Commission and City Council electing that pertains to the applications I ❑ No changes as of Date Slinsture Print Flame - _ • Wage Disclosure Statement 1113 .f' & t_.*onitnq Continue to Next Page for Owner Disclosure 41Page c Deckers StatementV3 Planntip,&rtingThunio v ,_ .., Y-- Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering arty financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes Ca 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 J No • If yes,Identify the real estate broker/reactor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes (i:1 No a If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 51 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? 0 Yes W No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IV No • if yes,identify the engineer/surveyor/agent. Warren &Assoc. PC were engaged to prepare a plot of 2445 Sandfiddler Road that shows the encroachment& street.asphait. 6IPage Di d sure Statement Pin n n&iceeltSripmeiConutitni ait y Owner Disclosure Owner Name Robert A. Finley & Graciela I. Finley Applicant Name Robert A. Finley & Graciela I. Finley 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 Oil No s If yes,what Is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '`"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5 { Page i\BDisclosure Statement 0:41411-v-vu tart � .. Planning & C unmuniEty Ittpebtv Devel pment 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. / /72 /4117-0144- 4' 'Ca/ft _ - L .lid Owner Signature / J Robert A. Finley, co-owner Graciela I. Finley, co-owner Print Name and Title 21 September 2021 21 September 2021 Date --- ---- 7lPage m� y ri; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City property known as 2973 Heron Ridge Drive and a City maintenance easement, located at the rear of 2937 Couples Court MEETING DATE: May 17, 2022 • Background: Thomas M. and April M. Shackleford (the "Shacklefords") have requested permission to maintain an existing bulkhead and deck, and to construct and maintain a proposed bulkhead (2' channel ward from the existing bulkhead) (collectively, the "Encroachment"), adjacent to their property located at 2937 Couples Court (GPIN: 2403-64-6620). The Encroachment would extend into the City's property known as 2973 Heron Ridge Drive (GPIN: 2403-45-8591) and a City maintenance easement. • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the property known as 2973 Heron Ridge Drive, which is where the Shacklefords have requested to encroach. The Heron Ridge Estates Homeowner's Association has approved the encroachment into its 15' open space easement. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval. Submitting Department/Agency: Public Works/Real Estate City Manager: k� �� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS 2973 7 HERON RIDGE DRIVE AND A CITY 8 MAINTENANCE EASEMENT, 9 LOCATED AT THE REAR OF 2937 10 COUPLES COURT 11 12 WHEREAS, Thomas M. and April M. Shackleford (the "Shacklefords") have 13 requested permission to maintain an existing bulkhead and deck, and to construct and 14 maintain a proposed bulkhead (2' channel ward from the existing bulkhead) (collectively, 15 the "Encroachment") adjacent to their property located at 2937 Couples Court (GPIN: 16 2403-64-6620). The Encroachment would extend into the City's property known as 2973 17 Heron Ridge Drive (GPIN: 2403-45-8591), and a City maintenance easement located at the 18 rear of the Shackelfords' property; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended the Shacklefords, their heirs, 29 assigns and successors in title are authorized to construct and maintain the Encroachment 30 into the City's property known as 2973 Heron Ridge Drive and the City maintenance 31 easement as shown on the exhibit entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST 32 FOR A PROPOSED BULKHEAD, AN EXISTING BULKHEAD AND AN EXISTING DECK 33 FOR: THOMAS M. & APRIL M. SHACKLEFORD 2937 COUPLES COURT, LOT 19, 34 HERON RIDGE ESTATES M.B. 273, P. 95 GPIN: 2403-64-6620", Scale: 1" = 50', dated 35 January 26, 2022, prepared by Clark Design Group, a copy of which is attached hereto as 36 Exhibit "A" and to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 39 those terms, conditions and criteria contained in the agreement between the City of Virginia 40 Beach and the Shacklefords (the "Agreement"), an unexecuted copy of which has been 41 presented to the Council in its agenda, and will be recorded, after execution, among the 42 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 i SHACKLEFORD ENCROACHMENT m 0 50 100 IMIIMIMMII PROPOSED ENCROACHMENT PROPOSED BULKHEAD = 32.1'x167' 1" = 50' n/f city of virginia beach MAXIMUM EXISTING ENCROACHMENT gpin: 2403-45-8591 EXISTING BULKHEAD = 30.1'x 149' This site plan is based on plat d.b. 3305 pg 1405 EXISTING DECK = 6.6'x 27.2' recorded in (City of Virginia Beach) M.B. 273, P. 91 and PROPOSED 167' was prepared without the benefit of a title search OF TIMBER BULKHEAD (2' CHANNELWARD LAKE FROM EXISTING BULKHEAD) OHW @ EXISTING DRAINAGE AND IMPOUNDMENT BULKHEAD 87' EASEMENT(M.B.273 P.95) ' N o EXISTING 149'TIMBER BULKHEAD TO REMAIN60 19.3' r,- o N 13°02 46"W \ 15'OPEN SPACE 6.96' r—�— N 02°04'58"W r EASEMENT(M.e_273 P.95) mb 273 p 91 cn-- --. 30.79' �/ \ 20'MAINTENANCE oho "27•2� \ EASEMENT(M.B.273 P.95) o W n/f james f. &tracey a. diersen (.,; EXISTING gpin: 2403-64-6466 °- /i TIMBER DECK inst#20120427000462050 * I 1 10'DRAINAGE EASEMENT m.b. 273 p. 95 lot 18 i / (M.B.273 P.95) POOL r I / n/f thomas m&april m shackleford gpin: 2403-64-6620 I n/f andrew m. &cristina r inst#20190730000630230 < I silverstone m.b.273 p.95 lot 19 gpin:2403-64-5795 I inst#20190910000764600 I I 2-STORY FRAME Z m.b. 273 p. 95 lot 20 Nstt�i 0/ I #2937 COUPLES 0. % /4,: ?�~ ��02/02/2022 ' . L J I m—a WALTER T. McKENNA II I U,�, N ...o ,4 Lic. No. 042866 0. �(5, o .‘'f, , 7, . r CP, L=34.21' NiO ,'VAL 50.00 R 1278.83' L=48.18' R=50.00' 1252'TO COUPLES COURT HERON RIDGE (50' RIGHT-OF-WAY M.B.273 P.95) DRIVE EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, AN EXISTING BULKHEAD AND AN EXISTING DECK. -CLARK EliDesign FOR: THOMAS M. &APRIL M. SHACKLEFORD Group 2937 COUPLES COURT, LOT 19, HERON RIDGE ESTATES M.B. 273, P. 95 824 West 21st Street Norfolk, Virginia 23517 GPIN: 2403-64-6620 (757) 622 - 3900 DATE: 01/26/2022 SHEET 1 OF 1 www . ClarkDes . corn 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Shacklefords and the City Manager or his authorized designee execute 48 the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 , 2022. CA15413 R-1 Prepared: 4/12/22 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p040\00798539.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P L C WOR S, REAL ESTATE EYER ENI CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 7th day of April, 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS M. SHACKLEFORD and APRIL M. SHACKLEFORD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "19" on that certain plat entitled, "PLAT SHOWING SUBDIVISION OF HERON RIDGE ESTATES VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated October 8, 1997, prepared by Bengtson, DeBell & Elkin, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 273, at page 91, and being further designated, known, and described as 2937 Couples Court, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 167' timber bulkhead and to maintain an existing 149' timber bulkhead and existing wood deck, collectively the "Temporary Encroachment," in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property GPINs: 2403-45-8591 (CITY-OWNED PROPERTY - 2973 HERON RIDGE DRIVE) 2403-64-6620 (2937 COUPLES COURT) at the rear of 2937 Couples Court, known as 2973 Heron Ridge Drive and a City maintenance easement, the "Encroachment Area" and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, AN EXISTING BULKHEAD AND AN EXISTING DECK. FOR: THOMAS M. & APRIL M. SHACKLEFORD 2937 COUPLES COURT, LOT 19, HERON RIDGE EASTES M.B. 273, P. 95 GPIN: 2403-64-6620," prepared by Clark Design Group, dated January 26, 2022, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City Disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The 3 Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Thomas M. Shackleford and April M. Shackleford, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 GRANTEE: THOMAS . S CKLEFORD / z - A/ L M. AC RD STATE OF 1 In (0 f� CITY/COUNTY F tQ . Cy ' to-wit: , The foregoing instrument was acknowledged before me this 17 day of Yl I , 202 -, byThomas M. Shackleford and April M. Shackleford. P I An })Apj , ) a5jjpU4 (S. Notary P y .„ �►OT ARy .r i Notary Registration Number: 1 9 I 0 1-Z02 1,0 My Commission Expires: 0 ( Z9 ��.,��,o��O�BL�G �'*. WEALTH APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM t S N TURF111)3 AN M ER IOR CITY ATTORNEY \„) 'K,e6.1 vf-SIoc, DEPARTMENT 7 . • c SHACKLEFORD ENCROACHMENT 0 50 100 PROPOSED ENCROACHMENT PROPOSED BULKHEAD = 32.1'x167' 1" = 50' n/f city of virginia beach MAXIMUM EXISTING ENCROACHMENT gpin: 2403-45-8591 EXISTING BULKHEAD = 30.1'x 149' This site plan is based on plat d.b. 3305 pg 1405 EXISTING DECK = 6.6'x 27.2' recorded in (City of Virginia Beach) M.B. 273, P. 91 and PROPOSED 167' was prepared without the OF TIMBER BULKHEAD (2' CHANNELWARD benefit of a title search LAKE FROM EXISTING BULKHEAD) OHW @ EXISTING DRAINAGE AND IMPOUNDMENT BULKHEAD 87, EASEMENT(M.B.273 P.95) 60' —ow o EXISTING 149'TIMBER BULKHEAD TO REMAIN/ O �—Tim— z r"------"-- _ 19.3' n, ��— � N 13°02'46"W \ 15'OPEN SPACE 6.96' N 02°04'58"W r �SE►vl_T(M.B.273 P.95 ) mb273p91 �T- ', 30.79' in----- L \ 20 MAINTENANCE coo 27.2'K \ \ EASEMENT(M.B.273 P.95) w r - , n/f james f. &tracey a. diersen g I EXISTING gpin: 2403-64-6466 ' lib ' TIMBER DECK , inst#20120427000462050 �� 10'DRAINAGE EASEMENT m.b. 273 p. 95 lot 18 (M.B.273 P.95) EP) POOL r--- 1 A 1 n/f thomas m&april m shackleford I gpin: 2403-64-6620 n/f andrew m. &cristina inst#20190730000630230 I silverstone m.b. 273 p. 95 lot 19 I I I gpin: 2403-64-5795 I inst#20190910000764600 I 2-STORY FRAME Z m.b.273 p. 95 lot 20 � �ALA N U� I #2937 COUPLES co t. I, f02/02/2022 �' "' WALTER T. McKENNA II t9 P cP i- Lic. No. 0428• 4. a o� o G L=34.21 L=50.33' NIONAI..0 L=48.18' R=50.00' i 7R=1278.83' R=50.00' i 1252'TO COUPLES COURT HERON RIDGE (50' RIGHT-OF-WAY M.B.273 P.95) DRIVE EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, AN EXISTING BULKHEAD AND AN EXISTING DECK. -GLRKt Design FOR: THOMAS M. &APRIL M. SHACKLEFORD Group 2937 COUPLES COURT, LOT 19, HERON RIDGE 824 West 21st Street ESTATES M.B. 273, P. 95 Norfolk, Virginia 23517 GPIN: 2403-64-6620 (757) 622 - 3900 DATE: 01/26/2022 SHEET 1 OF 1 www . ClarkDes , corn f c SHACKLEFORD ENCROACHMENT 0 50 100 WINIMMMI PROPOSED ENCROACHMENT PROPOSED BULKHEAD = 32.1'x167' 1"= 50' n/f city of virginia beach gpin: 2403-45-8591 This site plan is based on plot d.b. 3305 pg 1405 recorded in (City of Virginia PROPOSED 167' Beach) M.B. 273, P. 91 and OF TIMBER BULKHEAD (2'CHANNELWARD was prepared without the benefit of a title search FROM EXISTING BULKHEAD) LAKE OHW @ EXISTING DRAINAGE AND IMPOUNDMENT BULKHEAD 87. EASEMENT(M.B 273 PGS 91-106) w 60' y N Y1cr:N� 8ULKYE D v t cti4.q/N o I'1111"' N 02°04'58`W 30.79' 19.3' m G N 13'02'46"W 1168' �` �.� i_ NSPACE �__ ENT('M B. 273 P 95) mb 273 p 917 cn ECK --` 20' MAINTENANCE EASEMENT o - `. __ (M.B. 273 P.95) n/f fames f. & tracey a. w �' diersen �1 gpin: 2403-64-6466 I ..41I ` 10'DRAINAGE EASEMENT inst ?0120427000462050 t (M.B.273 P.95) m.b. 273 p. 95 lot 18 i `1 POOL re........ . n/f thomas m & april m -4 I - shackleford n/f andrew m. & cristino gpin: 2403-64-6620 3 —��1 silverstone instil 20190730000630230Nk gpin: 2403-64-5795 m.b. 273 p. 95 lot 19 I I I instil 20190910000764600 I 2-STORY FRAME z m.b. 273 p. 95 lot 20 I #2937 COUPLES A .... ,a.... it: IN ---) O ` L=34.21' L=50.33' R=50.00' R=1278.83' L=48 18' R=50.00' 1252'TO COUPLES COURT HERON RIDGE (50'RIGHT-OF-WAY M.B.273 P.95) DRIVE EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, AN EXISTING BULKHEAD AND AN EXISTING DECK. -GhARKt Design FOR. THOMAS M. 8 APRIL M. SHACKLEFORD Group 2937 COUPLES COURT, LOT 19 HERON RIDGE 824 West 21st Street ESTATES M.B. 273, P 95 Norfolk, Virginia 23517 GPIN: 2403-64-6620 (757) 622 - 3900 DATE: 12 / 10 / 2021 SHEET 1 OF 1 www . ClarkDes . corn 1 N W -.14- E It r , IR , \ .46 S '14.'"ti, ' '' 4 ,, 8 took ' . N. . . . , ,-,t- .. I _ c - 7.1 , ,, ' tri : Ili' .44, 7 r— ,, MI , _ 0 • ,` , /011bk,\‘ drAP •F e ism. cry" -I . .._ , 14/1/4k i , A 2403-64-6620 Nk..., v4, k, , .i._ ,.. , , Ar, - tat 11 if# , .. I-. , . '.. IIIII144 . r., ,..i, . ..__ . . i . .,- ,:. itft, - ' R. 1111 ,,- . , . ,,' *1* tillarl *... ..7' ' titt,,, $: WAdilt:44 LOCATION MAP ,,,. .7k ; 'LT 1 ° ,., ENCROACHMENT REQUEST FOR THOMAS M. & APRIL M. SHACKLEFORD Legend ,, 2937 COUPLES COURT City Properties .'""' GPIN 2403-64-6620 •,4 mom= Feet 2403-64-6620 0 100 200 400 prepared by PW/Eng/Eng Support Services Bureau 10/07/2021 X\CADD\Projects\ARC Files\AGENDA MAPS\2403-64-6620 Aerie SHACKLEFORD ENCROACHM ENT APPLICATION PHOTO EXHIBIT— DRONE PHOTO LOOKING EAST SIMILAR BULKHEAD APPLICANTS HOUSE_ ENCROACHMENT 0 'OF r • F+- k . 1: ., . I. t ED. ._.. aillEiblik II DRONE PHOTO LOOKING NORTHWEST SIMILAR BULKHEAD ENROACHMENT y it) iie APPLICANTS HOUSE ,..r 110P _ v fe 01111- & r3 . A 4 SHACKLEFORD ENCROACHMENT APPLICATION GOOGLE EARTH PHOTO SHOWING SIMILAR ENCROACHMENTS , pei , ,,- " e3 t ' s 41/4 "'' ' ' . 1:4> : ..i,.. _ ,..s. ,-,,,..,,,,-,: _, _ ,, , 8 '. rr C:› 1 g t_ r c itt • 4 I--- -, t iii % l'_- , 4'_ z: SIMILAR ;� BULKHEAD ##� .. a ENCROACHMENTS I f' ,i '�� —._ __ .sue m e i 3 f - •• ! `- tt 4 _ 'i PROPOSED :' BULKHEAD ` pt ; ROACHMENT . .+ li -t ir.:4> ; A , ! , t . o F. .,...- Jill r ; ems. Disclosure Statement NB Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Thomas M. &April M. Shackleford Does the applicant have a representative? • Yes ❑ No • If yes,list the name of the representative. Clark Design Group LLC Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes Ili N • 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. Revised 11.09.2020 1 I s Disclosure Statement Nfi3 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. UBS BANK USA 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? ❑ 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? D Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 Disclosure Statement Panning &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. ENGINEER/AGENT-CLARK DESIGN GROUP LLC 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 B 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. • 1-1 plicant ' natu. Print Name and Title Thomas M Shackleford, Landowner April M. Shackleford, Landowner Date 4/20/22 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 -_ Siviature Print Name Revised 11.09.2020 Wage M.i • t v f~ T_) f� ter_ S! if CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City- owned property known as Treasure Canal, located at the rear of 2232 Windward Shore Drive. MEETING DATE: May 17, 2022 • Background: Colin and Courtney Kelly (the "Kellys") have requested permission to construct and maintain a 13' x 13' boat lift, 19.3' x 23.5' wood dock, 5.5' x 20.18' wood pier and 6 wood piles (collectively, the "Encroachment") into the City-owned property known as Treasure Canal, located at the rear of 2232 Windward Shore Drive (G PI N: 2409-19-0274). • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal, which is where the Kellys have requested to encroach. • Public Information: Public Notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement. Recommended Action: Approval. Submitting Department/Agency: Public Works/Real Estate City Manager: V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR 8 OF 2232 WINDWARD SHORE DRIVE 9 10 WHEREAS, Colin and Courtney Kelly (the "Kellys") have requested permission to 11 construct and maintain a 13' X 13' boat lift, 19.3' x 23.5'wood dock, 5.5' x 20.18'wood pier 12 and 6 wood piles (collectively, the "Encroachment")within the City-owned property known 13 as Treasure Canal, located at the rear of 2232 Windward Shore Drive (GPIN: 2409-19- 14 0274); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Kellys, their heirs, assigns 25 and successors in title are authorized to construct and maintain the Encroachment in the 26 City's property as shown on the Exhibit entitled: "ENCROACHMENT REQUEST FOR 27 EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER AND EXISTING WOOD PILES TO 28 BE REPLACED FOR COLIN AND COURTNEY KELLY ON LOT 58 SUBDIVISION OF BAY 29 ISLAND SECTION ONE (M.B. 45, PG. 37A)VIRGINIA BEACH, VIRGINIA,"Scale: 1" = 50', 30 dated March 7, 2022, prepared by WPL, a copy of which is attached hereto as Exhibit "A" 31 and on file in the Department of Public Works, to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 35 those terms, conditions and criteria contained in the Agreement between the City of Virginia 36 Beach the Kellys (the "Agreement"), an unexecuted copy of which has been presented to 37 the Council in its agenda, and will be recorded, after execution, among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Kellys and the City Manager or his authorized designee execute the 45 Agreement. i g 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2022. CA14678 PREPARED: 4/29/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p042\00800328.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P B IC WO KS, REAL ESTATE DA RMEYER SENIOR CITY ATTORNEY 2 • EXHI= IT A TREASURE CANAL BOAT LIFT 4>l,TH Opy (U.S. 45, PG. 37A) 20.18' 1,, (N/F CITY OF V/RG/N/A BEACH) 19.5' �000 18 59' 19.30' EXISTING WOOD PIER ,er, `� EXISTING WOOD Lic, yARNER 6 r E N 81,34 �raiiiii; PILE (TYP),2904 EB p�0.3/O7/2022 6r11 EXISTING 1O7 , � 1` S 813323 E ,�� Off• N �7 .85 /■/� 4.73 q9• BULKHEAD I ,reii` SURSr EXISTING 'T WOOD DOCK SITE DATA NAIL (F) LOT 58 PIN (F) ONLINE 1. THE PROPERTY IS CURRENTLY LEGALLY _ , DESCRIBED AS LOT 58, SUBDMSION 0200•35 OF BAY ISLAND, SECTION ONE, PLAT Z 0 \.- RECORDED IN Y.B. 45, PG. 37A„ IN THE CLERK'S OFFICE OF THE CIRCUIT �►O O COURT OF THE CITY OF VIRGINIA 2232 WINDWARD SHORE DRIVE od BEACH, VIRGINIA. 4a 2. GPIN: 2409-19-4274 1v COLIN & COURTNEY KELLY N (I.N. 20150724000706820) N/F (M.B. 45, PG. 37A) LOT 57 GPIN: 2409=19-0274 N/F (M.B. 45, PG. 37A) r - LOT 59 2236 WINDWARD SHORE DRIVE w E. ' T x -- LEO C. WARDRUP III w (M.B. 45, PG. 37A) itJ x -- 2228 WINDWARD SHORE DR ( fr) I.N. 20110817000840330) N JUSTIN & MARCIA WHEELER J GPIN: 2409-09-9252 ___ .� 0 - (I.N. 20120910001031900) j GPIN: 2409-19-2203 ,N o W cd TOP OF 6% 4 SLOPE 4\ 565.02' TO P.I. OF # COMPASS CIRCLE IiT7 ;" R=400 WINDWARD SHORE DRIVE 0 50 100 L=100' (50' R/w)(M.B. 45, PG. 37A) I-1 t--i I SCALE SCALE: 1"=50' SHEET 1 OF 2 ENCROACHMENT REQUEST �- - EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER .-2 .-__ AND EXISTING WOOD PILES TO BE REPLACED i, _V__ ir Aj. _ ;_ ,_ FT „. COLIN AN DN a KELLY SUBDIVISION OF BAY ISLAND, SECTION ONE 1 (M.B. 45, PG. 37A) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 03/07/2022 I F.B./PG.: 1070/37 proj. no.: 220-0215 Civil Engineering wpIsite.com 757.431.1041 242 lI�1STANG 1RML S1E 8 VRGIHA BEACH,VA 23452 file: 220-0215_Ench Exh.dwg PLAT: B-251 CAD/chk: EG/eag G,Q�L' 0� PILE LOCATION DIMENSIONS �C��'" Pj PILE DISTANCE FROM `.P REFERENCE PROPERTY LINE A 6.2' W t IC . ARNER 4 B 19.4' Pn Lie. o. 2904 C 19.3' �O Cs 03/07/2022 D 6.1' k e 0* E 6.1' h•N '� R,��'`, F 19.5' � s U WCri TREASURE CANAL (Al.B. 45, PG. 37A) (N/F CITY OF VIRG/N14 BEACH) PROPOSED 13'x13' BOAT LIFT EBB REDECK REPLACE EXISTING PIER EXISTING BOAT FOR NEW BOAT EXISTING LIFT LIFT �`-00D WOOD DOCK B C20.41pf18' �23.5' 19.5' ,' �/ - EXISTING f F// cxj '/ WOOD /�/ 87- 17'4 PIER EXISTING WOOD 34 533 l� .A D PILE (TYP) /07..8,5' 1, EXISTING STEP E ` S 81'3323" E EXISTING WOOD Per 4.73PLATFORM EXISTINGj.uI. 14.47 BULKHEAD ' %1111Y ..,.... i .t Alp: REPLACE pg., EXISTING WOOD 13 PILES 41 LOT 58 2232 WINDWARD SHORE DRIVE COLIN & COURTNEY KELLY 0 20 40 (I.N. 20150724000706820) I—i ,--, ,—I I SCALE (M.B. 45, PG. 37A) SCALE: 1"=20' GPIN: 2409-19-0274 1 — SHEET 2 OF 2 ENCROACHMENT REQUEST M ., --.-- EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER �i — AND EXISTING WOOD Pell. S TO BE REPLACED __ FOR COLIN AN DN 20� KELLY - SUBDIVISION OF BAY ISLAND, SECTION ONE (M.B. 45, PG. 37A) -_ -; VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 03/07/2022 I F.B./PG.: 1070/37 proj. no.: 220-0215 Civil Engineering wpIsite.corn 757.431.1041 242 MUSTANG 1RAL Sit 8 VRGNA VA 23�52 file: 220-0215_Ench Exh.dwg PLAT: B-251 CAD/chk: EG/eag PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this /61f4 day ofAjiri i , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and COLIN KELLY and COURTNEY KELLY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot " 58," as shown on that certain plat entitled "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO. VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 45, at page 37, and being further designated, known, and described as 2232 Windward Shore Drive, Virginia Beach, Virginia 23451-1728; WHEREAS, it is proposed by the Grantee to replace, construct and maintain an existing 13' x 13' boat lift, 19.3' x 23.5' wood dock, 5.5' x 20.18' wood pier, and six (6) wood piles collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: City Property known as Treasure Canal (No GPIN Assigned) 2409-19-0274 (2232 Windward Shore Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST FOR EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER AND EXISTING WOOD PILES TO BE REPLACED FOR COLIN AND COURTNEY KELLY ON LOT 58 SUBDIVISION OF BAY ISLAND, SECTION ONE (M.B. 45, PG 37A) VIRGINIA BEACH, VIRGINIA," prepared by WPL , dated March 7, 2022, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments or encroachments to be removed referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Colin Kelly and Courtney Kelly, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 II4. f: i' F* t- g 111 COLIN KELLY, Owner t: _ eL COURTNEY KELLY, Ow er [: STATE OF Virq inia CITY/COUNTY OF Vi r i,niG6cach , to-wit: The foregoing instrument was acknowledged before me this day of AvriK, 202'1, by Colin and Kell . elly Courtney y Z4)Zz Vitill- ' likk. 1 (SEAL) s-::: No':ry Public ="4:', al Notary Registration Number: # 150 I Lpa My Commission Expires: P h 3 lj 202,3 •,�4 r is < A. '': APPROVED AS TO CONTENTS APPROVED AS TO LEGAL , 1 SUFFICIENCY AND FORM f, /, Aiiii, i ., . . S TURF •. . .f-?,r' ..- R • 'r.,Ii' i SENIOR C ATTORNEY 0: ' 5 tiil ti°vv DAT iiii- it p:., . "i.�`.' 7 E-71I=,IT A TREASURE CANAL BOAT LIFT i Op (M.B. 45, PG. 37A) 20.18' ,r (N/F CITY OF f7RG/NU4 BEACH),�j 19.5' �-ppp 18 59' 19.30' EXISTING WOOD PIER 4;e1L7T. /...- �' EXISTINGWOOD Lic. o. 2904R BB " E N 87`,34, ��l `'% PILE (TYP) p 03/07/2022 N 6T11 EXISTING 1O7 , � �1` S 61 3323 E �,� p'� 49•�� BULKHEAD 8`5 �� '"'� _ 4.73 ,, IGuu� --'�/.r14.4 '-_ LTA ,- EXISTING T% WOOD DOCK NAIL SITE DATA 1. THE PROPERTY IS CURRENTLY LEGALLY (F) LOT 58 PIN (F) ONLINE DESCRIBED LOT � 0200.35' ONE, PLAT Z RECORDED IN Y.B. 45, PG. 37A„ IN0 THE CLERK'S OFFICE OF THE CIRCUIT �► . :C? COURT OF THE CITY OF ARGINIA o 2232 WINDWARD SHORE DRIVE QS BEACH, VIRGINIA. -ia Ej 2. GPIN: 2409-19-0274 tv COLIN & COURTNEY KELLY N -a (I.N. 20150724000706820) N/F % (M.B. 45, PG. 37A) LOT 57 GPIN: 2409-19-0274 N/F (M.B. 45, PG. 37A) r - LOT 59 2236 WINDWARD SHORE DRIVE t" B--- M.B. 45 PG. 37A LEO C. WARDRUP III ( ) m - 2228 WINDWARD SHORE DR V ^ (I.N. 20110817000840330) N . _-= j GPIN: 2409-09-9252 - JUSTIN & MARCIA WHEELER �p �� — - .... (I.N. 20120910001031900) ►e) GPIN: 2409-19-2203 ,N o Wet TOP OF 6% SLOPE _ 565.02' TO P.I. OF �' COMPASS CIRCLE ~ raj „ ' . n ' R=400' WINDWARD SHORE DRIVE 0 50 100 L.-ix' (50' RAAB. 45, PG 37A) 1--•-4 I--4 ,--I I SCALE SCALE: 1"=50' SHEET 1 OF 2 ENCROACHMENT REQUEST EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER AND EXISTING WOOD PILES TO BE REPLACED a FOR I wA TA T u COLIN ANDN CO KSLLY L ,' u SUBDIVISION OF BAY ISLAND, SECTION ONE (M.B. 45, PG. 37A) - = VIRGINIA BEACH VIRGINIA Landscape Architecture Land Surveying dote: 03/07/2022 F.B./PG.: 1070/37 proj. no.: 220-0215 Civil Engineering wpIsiSte.com 757.431.1041 242 Nl1TJ43 TRAL STE 811RGNA EEO,VA 23452 file: 220-0215_Ench Exh.dwg PLAT: B-251 CAD/chk: EG/eag G�L' 0� PILE LOCATION DIMENSIONS �C�1►'" Pr PILE DISTANCE FROM 4) REFERENCE PROPERTY LINE A 6.2' W ;?ii Ci IC . ARNER- B 19.4' et Lic. o. 2904 C 19.3' �0 03/07/2022 D 6.1' e �* E 6.1' �'N �� S gv� F 19.5' U WCk m TREASURE CANAL (M.B 4,5, PG. 37A) (N/F CITY OF k7RG/NG4 BEACH) PROPOSED 131x13' BOAT LIFT REDECK EBB REPLACE EXISTING P/ER EXISTING BOAT FOR NEW BOAT EXISTING LIFT LIFT FL00p WOOD DOCK B C20.18' /. j23.5' 19.5' r, ,,,// - EXISTING F `n o t4 op ,/ WOOD N 87'34 53" 17 4 Q' lir PIER EXISTING WOOD /�j/ •A D i PILE MP) EXISTING STEP 1078`5' �' E • S 81'3323p E EXISTING WOOD i14.47' a 4.73 PLATFORM EXISTING illilik BULKHEAD ' PA, ' 4,111,t,fr REPLACE gI • EXISTING WOOD ►..i L 0 T 58 PILESjo 2232 WINDWARD SHORE DRIVE COLIN & COURTNEY KELLY 0 20 40 (I.N. 20150724000706820) F--+ i--i 1-1 I SCALE (M.B. 45, PG. 37A) SCALE: 1"=20' GPIN: 2409-19-0274 SHEET 2 OF 2 ' M ENCROACHMENT REQUEST FOR EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER ''" AND EXISTING WOOD PILES TO BE REPLACED ____ 0,77. r FOR rH 1 i_m_ COLIN AN DN LOB KELLY SUBDIVISION OF BAY ISLAND, SECTION ONE (M.B. 45, PG. 37A) _ -_------ VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 03/07/2022 I F.B./PG.: 1070/37 proj. no.: 220-0215 Civil Engineering plsite.com 757.431.1041 w2 1uSUIG 1RAL S1E 8 YRGNA BEACH,VA 23452 file: 220-0215_Ench Exh.dwg PLAT: B-251 CAD/chk: EG/eag f x • PI E ITv `! c a- w W c ch pW , Nc�a _ a *''''''• - - ...,-, CL • ~ 0 � 1; c z Z f u. O W V o a v} � _ Q = ZQNu. ' () () Q c �1 -_ O JZO fV — a W C� Y 0 a felt.--:;;,..;;;: --: .:, .,._,... ARIS :=,-?: Z Nc , . i ,'7,,,,v,-..:R4 - (1J Z M a ' — N c: { .J N c _ 0 x t4 r "--D,.. - ',--.• . , 0 ig Irit I' ...:,..rol ...clystil r '�' a is 1 ' 4 4. „. _ ... .,, ... ,. ,, _ _ _ .. , 4.111,t„,, r' -' ter i � ctl , : '-:i1:". - .,-1 o s W CI'O Irv' ' ,. _A-. - _ • ' . - \ a c. \ 2 O , U. • _ 2 ,k'-‘. - t C \ U ! \ --S N. N C ' f! F u = N ? , - ' 1 ft,- . 11_, is, . _ it _ S PICTURES OF ENCROACHMENT AREA 2232 WINDWARD SHORE DRIVE . ,s j rri ...._.. . t 3 , t.. .. lilt_ -.r...,,', 1 _....x: __2-c____'!...-----‘11•6` Al oi,1 Mi. : ,„,jorfs;4-'-4:.-!-:::. ' ---: - el ... _ . ,�.�: -..Vic- ' ,r : 4114AS, F, [� "4, IL f .�^-..��-- jam. "1, it i. i 1_ y 1 �_-_•4 ice`. ., . , \.. . ' -e _ -- 1 _ L ;- _ { a • L: 1 • • '- -113-- •. t. - - r 1 au �� : aw.k I' �="'`,;. �'�ys�:.•..,.�:-T ' - v.e ,=ram. .ice -1141a4 �_ +. " +•s • , 4, N r :,ate.+•6:. rY _ �ya`f r: KJ4a....• • • • Fes`: -- ‘ L ,. - ... . _____. ... .._... ___ . ,., ,,t 4 - '- . . , , s� \ .-:':.-- 1 . '. It. ¢ - Disclosure Statement 1113 City of l"in inin&uth 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 I(Li Applicant Name ( O" t Colt Does the applicant have a representative? ❑ Yes I No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes lig--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. 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 110 Disclosure Statement city bald! Planning& Community Development - �- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes la 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? 0-Yes ❑ No • If yes,identify the financial institutions. C 3U4 L 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes (4-No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ( No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? es 0 No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. 2I Disclosure Statement 1113 City of Virginia Heath Planning & Community Development . _a 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 ENO • 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? Qs-Yes 0 No • If yes,identify the engineer/surveyor/agent. W?i 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 Cgi No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ‘ ItX.- . ----0---1.--L—,..., A/4.;"/(rt.....\ Applicant Signature 00Ie, K -1l� £ zx H sn Print N me a d Tithe 4.3- C/)---'') )--Th,_ Date Is the applicant also the owner of the subject property? .0 Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name 3 I a g . Disclosure Statemen .NA3 cry of Virginia Bach `. 'la ning&Commu .- F el m --�- � � _ -� - Dew op ent r _ Continue to Next Page for Owner Disclosure 4I Disclosure Statement i'it;of%rryinia Beach Planning&Community -Develo p m s Owner Disclosure Owner Name6- 1' (1 Applicant Name Jtv) !\ PP Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 21-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 zx 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 Disclosure Statement City of Virginia Balch Planning &Community. Develop i- Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? F—Yes ❑ No • If yes,identify the financial institutions. C hot, 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes L 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 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 jallo • 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?IiStYes ❑ No • If yes,identify the engineer/surveyor/agent. 1.,jPL 6I Disclosure Statement \43 City of Viryittin Blvd, ,,.'"- Planning &Community 4 Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes IQ 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. Ngc,,,,,17 iL/1 Owner Signature .._,.r.). it ,-) K-e,/II ci-.),A--m...Th -te-Iii Prin Nam and Title (/ 2c/7-)-- Da e 7I griVA J CITY OF VIRGINIA BEACH \ AGENDA ITEM J ITEM: An Ordinance to Donate Forty Ballistic Vests to the Virginia Association of Chiefs of Police and Foundation, Inc. MEETING DATE: May 17, 2022 • Background: The Virginia Beach Police Department (VBPD) would like to donate forty soon-to-be expired, ballistic vests (body armor) to the Virginia Association of Chiefs of Police and Foundation, Inc. (VACP), a non-profit organization. The VACP has partnered with Lift Up Ukraine to collect new and used body armor to assist in the dire situation in Ukraine. The forty ballistic vests were manufactured in 2017 and are expiring this year. The manufacturer warranty for ballistic vests is five years. After the warranty expires, the vests are retired and incinerated. • Considerations: The VBPD has replaced these ballistic vests with new body armor and will not be able to use the vests after expiry of the warranty. Accordingly, the value of the vests is essentially $0. As provided in the attached ordinance, the vests will be provided in "AS IS" and "WITH ALL FAULTS" condition. Upon approval of this request, the vests will be picked up by VACP or Lift Up Ukraine on behalf of VACP. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: CO 1 AN ORDINANCE TO DONATE FORTY BALLISTIC VESTS 2 TO THE VIRGINIA ASSOCIATION OF CHIEFS OF POLICE 3 AND FOUNDATION, INC. 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby authorizes the donation of forty ballistic vests to 9 Virginia Association of Chiefs of Police and Foundation, Inc., a non-profit organization. 10 Such vests shall be donated in "AS IS" and "WITH ALL FAULTS" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagemen Services • omey's Office CA15770 R-1 April 29, 2022 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Virginia Association of Chiefs of Police and Foundation, Inc. (501 c3) SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include [Air lending/banking institutions and current mortgage holders as applicable) 10 Legal Services 21, Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Dana G. Schrad, Executive Director 9 4/27/?p?2 APPLICANT' IGNATURE PRINT NAME DATE • �Otay- z 4: a lif v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Increase Appropriations to the Fuels Internal Service Fund by $1,350,000 and to Authorize the City Manager to Transfer Funds from the City Manager's Pandemic Reserve for Fuel Costs MEETING DATE: May 17, 2022 • Background The City maintains a number of internal service funds which function in a manner similar to a small business. Goods or services are provided to departments, and the internal service fund bills the department for the costs and overhead. Due to the current market forces, the Fuels Internal Service Fund requires additional appropriation authority for the current fiscal year. This request does not require the identification of new revenues. Rather, the costs will be borne by the affected departments from previously appropriated funds, and/or fund balance of the Fuels Internal Service Fund. As the FY 2021-22 budget was developed, the projection for fuel was based on an average cost of $2.14 per gallon. The actual average rate in March 2022 was $3.54 per gallon. The City purchases fuel at the market rate, which has historically worked to the advantage of the City as costs have been favorable in recent years. Fleet Management projects that an additional $1.35 million will be needed for the remainder of the fiscal year for the Fuels Internal Service Fund based on FY 2020-21 average fuel consumption. It is likely that financial controls will allow most departments to absorb these cost increases; however, it is possible that some departments will not be able to absorb these cost increases without negatively impacting service delivery. To prevent this, the attached ordinance authorizes the City Manager to transfer funds from the City Manager's Pandemic Reserve for departmental fuel costs. The FY 2022-23 General Fund budget addresses the uncertainty in the fuel prices by including a dedicated reserve of $1.8 million in anticipation of increased costs for fuel. The reserve is available to offset the increased costs to General Fund departments that might be impacted by fuel cost overages. In addition, the budget for the Fuels Fund in FY 2022-23 is $7,272,317, which is $2,143,913 higher than FY 2021-22. • Considerations: The attached ordinance is necessary to complete the current fiscal year. The need for additional resources was identified during the FY 2022-23 budget process, and the increased cost of fuel has been addressed by adding $2.1 million in appropriations to the Fuels Internal Service Fund and placing a reserve of $1.8 million in the General Fund. The provision allowing the transfer from the City Manager's Pandemic Reserve provides necessary flexibility to deliver services for the remainder of the fiscal year. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: pb 1 AN ORDINANCE TO INCREASE APPROPRIATIONS 2 TO THE FUELS INTERNAL SERVICE FUND BY 3 $1,350,000 AND TO AUTHORIZE THE CITY 4 MANAGER TO TRANSFER FUNDS FROM THE CITY 5 MANAGER'S PANDEMIC RESERVE FOR FUEL 6 COSTS 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1) $1,350,000 is hereby appropriated to the Fuels Internal Service Fund, with 12 revenues increased accordingly, for the purchase of fuel for the remainder of 13 the fiscal year. 14 15 2) The City Manager is hereby authorized to transfer funds from the City 16 Manager's Pandemic Reserve for fuel related expenses to the various 17 departments. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget a anagement Services 1 s ice CA15777 R-2 May 5, 2022 4 � CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $20,907,617 In Federal and State Funding to the FY 2021-22 Schools Categorical Grants Fund MEETING DATE: May 17, 2022 • Background: The City of Virginia Beach's annual appropriation ordinance for the current fiscal year provided $204,198,866 for the Categorical Grants Fund. Throughout this fiscal year, Virginia Beach City Public Schools (VBCPS) has been awarded $20,907,617 between five new American Rescue Plan Act (ARPA) grant programs, the new Elementary and Secondary School Emergency Relief (ESSER) Ill Recruitment Incentive for Public Education (RIPE) grant, and a proposed amendment to the Early Reading Initiative State grant. Examples of the proposed spending plans for the additional grant funding include: • HVAC replacement and renovations • Stipends for reading and math teachers • One-time bonuses for regular and hard to staff teaching positions • Instructional materials and supplies • Additional instructional staffing before and after school • Web-based STEM activities • Student transportation • Summer school staffing • Social emotional support through CHKD's bridge program • Case management for homeless children and youth The below table identifies the revenue sources and outlines the total award amount for each grant program by category. Revenue Personnel Purchased Internal Materials Capital Grant Name Source Services Services Charges & Supplies Outlay Total HVAC CSLFRF Federal 3,916,072 2,600,000 6,500,000 13,016,072 ARP Summer Federal 205,234 29,661 234,895 Learning ARP Before & Federal 213,486 158,400 34,650 18,000 424,536 After School ARP Unfinished Federal 1,390,838 356,945 1,747,783 Learning ARP Homeless Federal 233,702 104,915 338,617 ESSER III Federal 3,677,500 3,677,500 RIPE Early Reading State 1,468,214 1,468,214 Initiative Total: 7,188,974 4,209,048 34,650 2,974,945 6,500,000 20,907,617 • Considerations: At its April 26th meeting, the School Board adopted two resolutions. One relates to FY 2021-22, and the other relates to FY 2022-23. The VBCPS plans to expend $6,475,252 prior to this fiscal year ends. The balance, $14,432,365 would be unspent at year end, and that amount was included in the recently adopted Budget for FY 2022-23, adopted on May 10, 2022. • Public Information: Public information will be handled in the normal City Council agenda process. • Attachments: Ordinance; School Board Resolution of April 26, 2022 Submitting Department/Agency: Virginia Beach Public Schools City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $20,907,617 IN FEDERAL AND STATE FUNDING TO 3 THE FY 2021-22 SCHOOLS CATEGORICAL GRANTS 4 FUND 5 6 WHEREAS, the City of Virginia Beach's adopted budget ordinance for FY 2021- 7 22 appropriated $204,198,866 into the Categorical Grants Fund of the School Board of 8 the City of Virginia Beach; 9 10 WHEREAS, throughout this fiscal year, the Virginia Beach Public Schools has 11 been awarded $20,907,617 between five new American Rescue Plan (ARP) grant 12 programs, the new Elementary and Secondary School Emergency Relief (ESSER) III 13 Recruitment Incentive, and the Early Reading Initiative State grant; 14 15 WHEREAS, on April 26, 2022, the School Board adopted a resolution approving 16 the appropriation of an additional $20,907,617 in the FY 2021-22 Schools Categorical 17 Grants Fund; 18 19 NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA, THAT: 21 22 The City Council hereby accepts and appropriates $20,907,617, with $19,439,403 23 in estimated Federal revenue and $1 ,468,214 in State revenue, to the Categorical Grants 24 Fund of the School Board of the City of Virginia Beach FY 2021-22 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget a anagement Services tt ne s Office CA15779 R-1 May 4, 2022 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Carolyn T.Rye,Chair Kimberly A.Melnyk,Vice Chair District 5-Lynnhaven District 7-Princess Anne Beverly M.Anderson Sharon R.Felton Jennifer S.Franklin At-Large District 6-Beach District 2-Kempsville Dorothy M.Holtz Laura K.Hughes Victoria C.Manning At Large At-Large At-Large Jessica L.Owens Trenace B.Riggs Carolyn D.Weems District 3-Rose Hall District 1-Centerville District 4 Bayside Aaron C.Spence,Ed.D.,Superintendent Resolution Regarding Additional Grant Funding for FY 2021/22 WHEREAS,The City of Virginia Beach's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach;and WHEREAS,the Schools have budgeted an amount of$204,198,866 in the current fiscal year FY 2021/22 in the Categorical Grants fund;and WHEREAS,this budgeted amount in the Categorical Grants fund is$20,907,617 short of the amount needed to fund five new American Rescue Plan(ARP)awards,a proposed amendment to the Early Reading Initiative state grant as outlined in HB29/SB29,and the new ESSER III Recruitment Incentive for Public Education grant as recently outlined in Superintendent's Memo 083-22;and WHEREAS,examples of the proposed spending plan for the Early Reading Initiative state grant includes tutoring and related instructional support in the classroom;and WHEREAS,examples of the proposed spending plan for the ESSER Ill Recruitment Incentive for Public Education grant includes one-time bonuses for regular and hard to staff teaching positions;and WHEREAS,examples of the proposed spending plans for the five ARP awards(ARP Coronavirus State and Local Fiscal Recovery Funds,ARP Unfinished Learning,ARP Before and After School Programs,ARP Summer Learning,and ARP Homeless Children and Youth)include HVAC replacement and renovations,stipends for reading and math teachers,instructional materials and supplies,additional instructional staffing before and after school,web-based STEM activities,transportation,summer school staffing,social emotional support through CHKD's bridge program,and case management and school supplies for homeless children and youth respectively;and WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of$20,907,617 into the Categorical Grants fund;and WHEREAS,appropriations of funds must be approved by the City Council prior to the expenditure of funds by the School Board of the City of Virginia Beach;and NOW,THEREFORE,BE IT RESOLVED:that the School Board of the City of Virginia Beach approves and affirms the necessary appropriation and recommended uses of these funds;and be it FURTHER RESOLVED:that the School Board of the City of Virginia Beach requests an additional appropriation of$20,907,617 into the Categorical Grants fund;and be it FINALLY RESOLVED:That a copy of this Resolution be spread across the official minutes of this School Board,and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor,each member of the City Council,the City Manager,and the City Clerk. �.•��m••.. Adopted by the School Board of the City of Virginia Beach this 26th day of April 2022. •; ieF %k_ ~i� '••% i 0 ; ,� • Carolyn T.Rye,School B and Chair Ca 1 : a. •ag �� 00. Regina M. 96eeatpp,Clerk of the Board �p ••.....• 4f 3$ •Plitmdents First•Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 www.vbschools corn *NI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $450,000 in Revenue to the Department of the Virginia Aquarium to Cover Additional Expenditures Related to Inventory for the Virginia Aquarium Gift Shop MEETING DATE: May 17, 2022 • Background: During the development of the FY 2021-22 Operating Budget, the Aquarium revenues were estimated conservatively due to continued uncertainty surrounding the COVID-19 pandemic. Customer capacity has exceeded expectations in FY 2021-22, resulting in additional revenue. To date, the Aquarium Gift Shop has realized $1,874,884 in revenue from the Gift Shop, which is $449,884 over the budgeted amount of $1,425,000. By the end of the fiscal year, the Aquarium expects to exceed budgeted revenue by more than $800,000. To continue providing Gift Shop services and to maintain adequate inventory, the Aquarium would like to appropriate the additional revenue. • Considerations: In order to maintain the inventory in the Aquarium's Gift Shop through the end of the fiscal year, the attached ordinance will appropriate $450,000 in surplus revenue generated by the Gift Shop to continue to purchase inventory. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of the Virginia Aquarium City Manager: 1 AN ORDINANCE TO APPROPRIATE $450,000 IN 2 REVENUE TO THE DEPARTMENT OF THE VIRGINIA 3 AQUARIUM TO COVER ADDITIONAL 4 EXPENDITURES RELATED TO INVENTORY FOR 5 THE VIRGINIA AQUARIUM GIFT SHOP 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $450,000 is hereby appropriated to the FY 2021-22 Operating Budget of the 11 Department of the Virginia Aquarium, with department-specific revenue increased 12 accordingly, to ensure adequate inventory for the Virginia Aquarium Gift Shop. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jitx1/ �t Budget and Management Services C;i y ttofney's Office CA15778 R-1 May 2, 2022 K. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES,LLC&WPL VENTURES,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73rd Street DISTRICT 6 (formerly District 5-Lynnhaven) RECOMMENDATION: APPROVAL 2. SACRED DAGGERS, LLC / PERCY LEE JONES JR. FAMILY TRUST for a Special Exception for Alternative Compliance re tattoo parlor at 1705 Mediterranean Avenue DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 3. RVB3, LLC for a Modification of Proffers to a Conditional Change of Zoning for a drive-through only restaurant at 5453 Wesleyan Drive DISTRICT 4 (formerly District 2-Kempsville) RECOMMENDATION: APPROVAL 4. BAKING IT CAKING IT, LLC / BRIANA SMALL for a Conditional Use Permit re home occupation - commercial kitchen/bakery at 4500 Hollingsworth Lane DISTRICT 2 (formerly District 1- Centerville) RECOMMENDATION: APPROVAL 5. ENTERPRISE LEASING CO. OF NORFOLK - RICHMOND, LLC / E T ENTERPRISES, LLC for a Conditional Use Permit re motor vehicle rentals at 1112 Lynnhaven Parkway DISTRICT 3 (formerly District 3-Rose Hall) RECOMMENDATION: APPROVAL 6. CAR SPA, INC / GENERAL BOOTH VENTURE GROUP, LLC for a Conditional Use Permit re car wash facility at the northeast corner of General Booth Boulevard & Prosperity Road DISTRICT 5 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 7. NORA NIMLEY for a Conditional Use Permit re family day-care home at 1712 Moon Valley Drive DISTRICT 5 (formerly District 3-Rose Hall) RECOMMENDATION: APPROVAL 8. WATERMAN SPIRITS,LLC/FESTIVAL,LLC for a Conditional Use Permit re craft distillery at 712 Atlantic Avenue DISTRICT 5 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 9. CHRISTOPHER& CATHLEEN SPRAUER for a Conditional Use Permit re short term rental at 2200 & 2202 Mediterranean Ave DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 10. COASTAL ACCOMMODATIONS, LLC / 22 EAST NEPTUNE, LLC for a Conditional Use Permit re short term rental at 410 22nd Street, Unit B DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 11. GEORGI STOYANOV for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 115 DISTRICT 6 (formerly District 6-Beach) RECOMMENDATION: APPROVAL 12. Ordinance to AMEND Section 111 of the CZO to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts (Sponsored by Vice Mayor Wilson) (Deferred from April 5, 2022) RECOMMENDATION: APPROVAL u•s ;.,;.,......7..„..,,,,.% ct4 -i is r.r • n e ►d tl ,,, sa as �e�e 4.. .` w4i`st,:3t,t:��'L.- "1,,,:' ',Key,. NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,May 17,2022 at 6:00 p.m.in the Council Chamber at City Hall,2.Floor at 2403 Courthouse Drive(Old City Hall),Building 3,Virginia Beach,VA 23456.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 Council Chamber or virtually via WebEx by completing the two-step process below.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 :tatosi/vbgov.webex.com/vhgov/onstagf/_gnhn?MTID=edai 2ac1adcte734e466' d3986306b616I 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on May 17,2022. The following requests are scheduled to be heard: Atlantic Development Associates,LLC&WPL Ventures,LLC(Applicants&Property Owners) Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Address:111 73rd Street GPIN(s):2419667586 Council District District 6 Sacred Daggers,LLC(Applicant)The Percy Lee Jones,Jr.Family Trust(Property Owner) Alternative Compliance Address: 1705 Mediterranean Avenue GPIN(s): 2427060748 Council District District 6 RVB3,LLC(Applicant&Property Owner)Modification of Proffers Address:5453 Wesleyan Drive GPIN(s):1468447741 Council District District 4 Baking It Caking It,LLC(Applicant)Briana Small(Property Owner)Conditional Use Permit (Home Occupation)Address: 4500 Hollingsworth Lane GPIN(s): 1474263651 Council District District 2 Enterprise Leasing Co.of Norfolk-Richmond,LLC(Applicant)E T Enterprises,LLC(Property Owner)Conditional Use Permit(Motor Vehicle Rentals)Address:1112 Lynnhaven Parkway GPIN(s):1496001133 Council District District 3 Car Spa, Inc(Applicant)General Booth Venture, LLC(Property Owner)Conditional Use Permit(Car Wash Facility)Address:Portion of parcel on the northeast corner of General Booth Boulevard and Prosperity Road GPIN(s):Portion of 2415685697 Council District District 5 Nora Nimely(Applicant&Property Owner)Conditional Use Permit(Family Day-Care Home) Address:1712 Moon Valley Drive GPIN(s):1495948013 Council District District 5 Waterman Spirits,LLC(Applicant)Festival,LLC(Property Owner)Conditional Use Permit (Craft Distillery)Address: 712 Atlantic Avenue GPIN(s): 2427235940 Council District District 5 Christopher&Cathleen Sprauer(Applicants&Property Owners)Conditional Use Permit (Short Term Rentals)Address:2200&2202 Mediterranean Avenue GPIN(s):2417984520 Council District District 6 Coastal Accommodations, LLC (Applicant) 22 East Neptune, LLC (Property Owner) Conditional Use Permit(Short Term Rental)Address:410 22nd Street, Unit B GPIN(s): 24270835830008 Council District District 6 Georgi Stoyanov(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:4005 Atlantic Avenue, Unit 115 GPIN(s):24280514483890 Council District District 6 CITY OF VIRGINIA BEACH-An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities.An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities.An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with a Conditional Use Permit in the I-1 and 1-2 districts. 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.Staff Reports will be available on the webpage 5 days prior to the meeting. 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. Please check our website at www.vbgov.com/government/departments/city-clerk/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-MAY 1,2022&May 8,2022-1 TIME �� 7 -" cikàPjl " �R5R(N;E) oib �_ \- ‘ ---•) ‘,., R5.R(N E`) ti�11 ,- - toistreet____ _ Stec eet -- - , 0 4- t1c� , , \,,A.• 'Q, 0\ E1C-\ Qs t , R5.R -NiE13 o -Ii----"\ . 1. \ ,\C IP u\--\ R.=S�R t. ii\g_ /,,. \ lip1 * u 1 c o_ Stteet o /31 ___-_- ,- 1 cl- , 9et _ V - 10 ` ------ Q \ s \-- R5 R(N_E-) R5R( 163 ti L° °•kU \-i .'' \ ..i ! ----- ''' a St I It. -r----\ , ' 3 r" 4 Site w eltk i? Atlantic Development Associates, LLC & WPL Ventures, LLC w�� Property Polygons 111 73rd Street S Zoning Building - i11. 1 Feet 0 25 50 100 150 200 250 300 rj�QG �Cy . ,, 7JJ Lam` CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC & WPL VENTURES, LLC [Applicants & Property Owners] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 111 73rd Street (GPIN 24196675860000). COUNCIL DISTRICT 6, formerly Lynnhaven MEETING DATE: May 17, 2022 • Background: The two subject lots in the North End were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations. A single-family dwelling has existed across the shared property line of the two lots since 1935. The proposed lots, Lot 12A and Lot 14A, will each be 6,000 square feet in size, which will exceed the minimum lot area requirement of 5,000 square feet. However, each lot will be only 40 feet in width, 10 feet shy of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. • Considerations: In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex of 10,000 square feet of lot area and 75 feet of lot width are permitted to construct two single-family dwellings on one lot. As the combination of both lots exceeds these minimums (12,000 square feet of lot area, 80 feet of lot width), both a duplex with two attached units or two single-family dwelling on one lot could easily be constructed as a matter of right. As the proposal includes two lots, each with one single-family dwelling, no increase in density is contemplated with this Subdivision Variance. As the current lots existed prior to the current R-5R zoning regulations, they have the current development potential in total of four dwelling units. A condition is recommended that limits development on each parcel to just one single-family dwelling. The density stabilization as well as the use of high-quality building materials are in line with the recommendations of the Comprehensive Plan for the North End Suburban Focus Area. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There was one speaker in opposition at the Planning Commission public hearing representing the North End Civic League, who also provided a letter of opposition. The civic league supports development of the properties under the by-right options set forth in the Zoning Ordinance. Staff received 10 letters of support for the proposal, many of whom are property owners Atlantic Development Associates, LLC & WPL Ventures, LLC Page 2 of 2 along this block of 73rd Street, and there were two speakers in support at the Planning Commission public hearing. Those that spoke in support prefer development of these parcels as proposed with one single-family dwelling on each parcel, rather than the by-right option that could result in more units with a different configuration. • Recommendation: On April 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 & the Eastern 30' of Lot 14, Block 1 , Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (10) Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicants & Property Owners Atlantic Development Associates,LLC & WPL Ventures, LLC Agenda Item Planning Commission Public Hearing April 13 2022 Cityof City Council Election District District 6,forme,rly Lynnhaven 3. 0 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) `j so Stf e�'1 Staff Recommendation 7gth SvQet Approval 78th Street \ Staff Planner 77thStcQet-- Aubrey A. Trebilcock 76thStreet 7511'Street:A \‘ Location t— ill 73rd Street _ \i GPIN .1. 24196675860000 Site Size 51 j, 7pt% } 12,000 square feet A. \ AICUZ 6gtnsl�eel Less than 65 dB DNL bat„su Watershed Atlantic Ocean e.D \ • Existing Land Use and Zoning District -`,`. ,«� +• ' ,'= • Single-family dwelling /R-5R Residential N . x j4 Ps '�" • - i;:cji• Y , " lc' ,,-•340011, . 1. it..- ' A Tl..1 ,S# 4 . Surrounding Land Uses and Zoning Districts `: ,, i 1., „ . �_. 7 .�A t.Y 1 North ; °' fi.-, .,:tba',.' , ,•. Single-family dwelling /R-5R Residential •�`` South _' 73rd Street •'` : r' --I. - - - ,_ ..., Single-family dwelling / R-5R Residential �' East ` t ks ; Single-family dwelling /R-5R Residential 4-► s f It West *r- �- ' 4-•' T-w V7� r . Single-family dwelling /R-5R Residential f � f ��: � i - Vc4'-1 a -''''''' .\' - ' Atlantic Development Associates, LLC & WPL Ventures, LLC Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is proposing to resubdivide two lots, described as "Lot 12" and "the Eastern 30' of Lot 14," in order to create two lots of equal size within the R-5R Residential District.The dimensional standards for lots in this district require a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. • The subject lots were legally created by deed in Deed Book 266, page 556 in 1949, prior to the establishment of the Subdivision Regulations and both can be developed. A single-family home has existed across the shared property line of the two lots since 1935. • The proposed lots, Lot 12A and Lot 14A, would each be 6,000 square feet in size, which would exceed the minimum lot area requirement of 5,000 square feet. However,they would each be only 40 feet in width, short of the 50-foot lot width requirement. As neither lot will meet all dimensional standards required by the Zoning Ordinance for parcels in the R-5R Residential District, a variance to Section 4.4(b) of the Subdivision Regulations is required. Required Street Proposed Proposed Line Frontage in Required Lot Proposed Lot Required Lot Proposed Lot g Street Line Width Width Area Area Lot R-5R Frontage (feet) (feet) (feet) (feet) (square feet) (square feet) Lot 12A 40 40 50 40* 5,000 6,000 Lot 14A 40 40 50 40* 5,000 6,000 *Variance requested f % Zoning History ' : -. # Request • �� 1 NON(Expansion of Non-Conforming 2' Dwelling Unit) ,wE, �� Approved 02/23/2010 / • 2 NON(Expansion of Non-Conforming Single Family -t' t‘ ivdWe � Home)Approved 05/09/2009 ^�,Rewq.,----------------\ ,1.trig ' Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 2 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. The intention of this application is to increase the size of the lot described as "the eastern 30 feet of Lot 14"to reduce its degree of nonconformity and to allow for a larger developable area more in line with the surrounding area. Both lots were legally created by deed and are therefore buildable sites. The 30-foot wide lot is currently substandard in both lot area and width, only being 4,500 square feet and 30 feet wide. In the R-5D Residential District, a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet are required. The proposal would take 10 feet of lot width from the adjacent Lot 12, which is currently 50-feet wide, resulting in two, 6,000 square foot lots with 40 foot lot widths. Each lot is proposed to be developed with a single-family home. In the North End Overlay District, lots that meet the minimum dimensional standards for a duplex may be developed with two single-family homes. In the R-5R Residential District,the minimum lot size and lot width for a duplex are 10,000 square feet and 75 feet respectively. The area of the subject lots exceeds this with its total area of 12,000 square feet and lot width of 80 square feet. The proposal would therefore not increase residential density beyond what is prescribed within the Zoning Ordinance for the North End Overlay District, nor what could be developed as a matter of right. The subject property lies within the North End Suburban Focus Area as identified in the Comprehensive Plan, which lists among its goals parcel consolidation of smaller lots, density stabilization, and the reduction of impervious coverage to mitigate recurring stormwater issues. While the lots will not be consolidated under this proposal, it will result in the same number of dwellings units permitted if the lots were to be combined, as mentioned above, thereby providing density stabilization and preventing the potential development of an awkwardly shaped building due to the required eight foot setbacks on each side of the 30 foot wide lot. An additional recommendation of the Comperehensive Plan, as stated above, is mitigating the frequent stormwater issues present within the North End. It is an area that, due to its location, is vulnerable to storms and at the same time has a high level of impervious coverage which exacerbates drainage issues. The submitted plan depicts that the proposal will not exceed the 60% impervious surface coverage maximum, as limited by the Zoning Ordinance, with proposed Lot 12A at 57%and Lot 14A at 60% impervious coverage. The recommendations for the North End Suburban Focus Area also encourage that attractive, high quality materials capable of withstanding severe weather events be used in new construction.The proposed homes will have an exterior of fiber cement siding (Hardie Shake and Hardie Lap Siding)that should be both durable and appealing. While the limited space onsite for parking accomodations leaves the garages as visual focal points on the ground floor,the second floor porches help to provide a more visually attractive point of interest for the front façade of the homes. In Staff's view,the overall application does comply with the guidance of the Comprehensive Plan for the North End Suburban Focus Area. While it is unorthodox to support modification of a lot that presently conforms to the existing dimensional requirements, Lot 12, into a nonconforming lot, in this specific case it does provide for development that fits within the character of the North End. The submitted plans also meet the impervious coverage requirement to address pressing drainage concerns and reflect high quality exterior building materials. Staff is therefore in support of the the Subdivision Variance request subject to the conditions provided below. Atlantic Development Associates, LLC & WPL Ventures, LLC Agenda Item 10 Page 3 Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 &the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as lying within the North End Suburban Focus Area,which extends from 42nd Street to 89th Street and located on both sides of Atlantic Avenue.The North End SFA is characterized by a compact arrangement of single-family and duplex dwelling units with much of the land zoned Residential Resort District (R-5R). Moreover,the North End area is characterized by a relatively high density of single- family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. The City seeks to implement drainage improvements in the North End area to help alleviate these situations. As noted in the Comprehensive Plan, recommendations for this area include parcel consolidation, density stabilization and the use of'Best Management Practices'for stormwater control should be part of reconstruction efforts. Improvement and reconstruction should also use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction of impervious coverage. Finally, attractive and high-quality materials capable of withstanding severe weather events should be used. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean Watershed. No wetlands, floodplains subject to special restrictions, or watershed buffer areas lie within the subject site. No negative impact to any natural or cultural resources is anticipated. Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 73rd Street N/A 9,900 ADT 1(LOS 4"D") Existing Land Use 2-10 ADT Proposed Land Use 3-20 ADT Existing Land Use 2-10 ADT Atlantic Avenue 14,660 ADT1 22,800 ADT1(LOS 4"D") Proposed Land Use 3-20 ADT 'Average Daily Trips 2 as defined by 1 single-family 3 as defined by 2 single-family 4 LOS=Level of Service residence residences Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is located on 73rd Street. 73rd Street is a two-lane local street with an 80-foot right-of-way width. Atlantic Avenue in the vicinity of this site is a four-lane undivided minor urban arterial with a 120-foot right-of-way width. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • Ten letters of support have been received by Staff noting their preference for single-family developments within their neighborhood. A letter of opposition has been received from the The North Virginia Beach Civic League Zoning Review Committee with concerns related to increasing density, parking requirements, utility infrastructure usage, and the smaller size of the lots generally. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on March 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 5 • 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 2, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/governmentldepartments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 13, 2022. Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 6 Existing Site Layout 1 As I I o to CO S o coiI �i al CD tO \^a l UP \^a l \I- 1 O I � I Z J N I Z J r N 14 Cr' I I Ca I co .�rn 2z N I ;7",- vcT_ v a z ,00'08 3„9f,l PS/ N C. o r J co o .4 0 t CO.z a0 to U. 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Atlantic Development Associates, LLC & WPL Ventures, LLC Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement City of Virginia Brach 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 WPL Ventures,LLC Does the applicant have a representative? ■Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr..Esq Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?U Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Brian C.Large,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "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 Atlantic Development Associates, LLC&WPL Ventures, LLC Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • 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. 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?■Yes 0 No • If yes,identify the firm and individual providing the service. Eric Garner.WPL 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. 2 ) Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 13 Disclosure Statement r Disclosure Statement \113 Planning&Community Development 6 Does the applicant have a construction contractor in connection with the subject of the tip acat;on or any business operating Or to be operated on the property'❑Yes •No • tf Yes identify the company and individual providing the service 7 Does the applicant have an engineer/surveyor/agent vs connection with Use subject of the application or any business operating or to be operated on the propertyT U Yes 0 No • if yes,identify the firm and individual providing the seance Eric Garner.WPt 8 is the applicant recerving legal services in connection with the subject of the application Of any business operating or to be operated on the property?U Yes 0 NO • If yes,identity the form and individual providing the service P. Edward Bourdon.Jr.,Esq.Sykes,Bourdon.Ahern&levy,P.0 4solicant Slenaturg i certify that all of the information contained in this Desdosuae Statement Form is corny ete.true,and accurate i understand that. upon receao'of natifrcation 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. WPL Ventures By /I br;►^t large.Sc,'e r.ter ite' Print Name and Title Date Is the applicant also the owner of the subject property? U Yes 0 No • If yes,you do not need to ful out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Panning Commission and City Council meeting that pertains to the applications +rid ««•r °'N 0412812022a l��► . �c�eiwrf Aubrey Trebilcock ar.sus I109:0W Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 14 Disclosure Statement Disclosure Statement rry of synuo&m Planning&Community Development Owner Disclosure Owner Name Atlantic Development Associates,LLC Applicant Name WPL Ventures,LLC and Atlantic Development Associates,LLC 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) Brian C.Large,Sole Member • if yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I 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. 5I Atlantic Development Associates, LLC &WPL Ventures, LLC Agenda Item 10 Page 15 Disclosure Statement Disclosure Statement \i3 Planning&Community IkNek meat Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they consadering any financing connection with the subject of the application or any business operating or to be Operated on the property? I Yes ❑No • It yes,identify the financial institutions providing the service TowneBan&. 2 Does the Owner have a real estate broke►/agent/rcaltor for current and anticipated future sales of the subject property? D Yes ■No • If yes,identify the company and individual providing the service 3. Does the Owner have sennces for acconnduig and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated On the property?0 Yes •NO • If yea,identify the firm and individual pro.,ding 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?111 Yes 0 No • Ii yes,identify the firm and individual providing the service 'Eric Garner.WPL S. is there any other pending or proposed purchaser of the subject property?0 Yes lin 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 ill No • N yes,identify the company and individual providing the service 7 Does the Owner have ads engineer/surveyor/agent.n connection with the subject Of the application or any business operating or to be operated on the property?III Yes 1 NO • if yes,identify the firm and individual providing the service Eric Garner,WPL 6I Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 16 Disclosure Statement Disclosure Statement \i113 nip of Wpm Planning&Community - ; [h.velopment 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&levy,P.C. 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. Atlantic Developm- 4.ssocia es,L Owner Brian C.Large,Sole Member Print Name and Title Date Atlantic Development Associates, LLC&WPL Ventures, LLC 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. Atlantic Development Associates, LLC& WPL Ventures, LLC Agenda Item 10 Page 18 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 10 Atlantic Development Associates, LLC & WPL Ventures, LLC [Applicants & Property Owners] Subdivision Variance (section 4.4(b) of the Subdivision Regulations) Address: 111 73rd Street RECOMMENDED FOR APPROVAL — HEARD Madam Clerk: Mr. Chair, is it okay to call the next item? Chairman Wall: Yes, please call the next. Madam Clerk: Our next item is agenda item number 10, Atlantic Development Associates, LLC, and WPL Ventures, LLC. An application for Subdivision Variance Section 4.4B of the Subdivision Regulations on property located at 111 73rd Street, located in District six, formerly the Lynnhaven District. Eddie Bourdon: Thank you, Ms. Sandloop. Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant Mr. Brian Large, principal of the applicant with us. So I want to start out with very, very basics to try to clear up any ambiguity or confusion that may have been engendered by the briefing this morning. The subject properties, there are two legal lots that exist today. One is lot 12. It's a 50 foot by 150 foot, 7,500 square lot that was established many, many decades by plat before Princess Anne County adopted its first Subdivision Ordinance and its first Zoning Ordinance in 1952, 1953. This property is now zoned R5R and there was no such thing when this lot was created and not until the '70s was there an R5 zoning district. Eddie Burdon: And it is legally nonconforming as to the size for a duplex lot under our current zoning as is the case with 99% of the duplex development that exists at the North End of Virginia Beach. They are almost entirely on nonconforming lots because they're not 80 feet wide and they're not 10,000 square feet. Today, this lot can have built on it by right a duplex and in fact, my client has a duplex plan, it was going to be submitted. I'll get into that. Or it can be developed under the North End Overlay as two detached units on the same lot. So I'm going to repeat, it is a 1 legally nonconforming duplex lot. It has no architectural mandates or requirements, it has to meet the setbacks, got to meet the lot coverage, the impervious surface in the 35 foot height. Eddie Bourdon: If you did two detach units on the 50 foot by 150 foot lot, it would have to meet the architectural under the overlay that was adopted a number of years ago because the feeling is and it's been successful that we're better off with two small or two and a half story cottages or two-story cottages than having a big three-story bulk of a duplex. So either of those can happen on that lot. The second lot, again, legally existing build-able lot on the West side of lot 12 sharing a boundary line with lot 12 and it is 30 by 150 feet containing 4,500 square feet. Just like lot 12, it is legally nonconforming, and it can be developed as a duplex or by two detached single-family homes under the North End Overlay. Both lots can be developed with a single-family home. Eddie Bourdon: Both can be developed with a single-family home. The 30-foot lot was created in 1949 by deed legally because there was no subdivision ordinance, and that's the story. That's the only story. There was never any vacating of a property line or any of that stuff that was talked about this morning. It's meaningless talk. It doesn't have any relevance. There are many, many such legally nonconforming lots that exist throughout our city that were created because think of all the subdivision that existed before we had zoning or subdivision ordinance. Thalia, Old Beach, Lakewood off of Rosemont Road area, Chesapeake Beach are some of the areas and at the North End, there are also nonconforming lots, not quite as many, but there are those up there. Eddie Bourdon: My client owned this property for many, many years. My client entered a contract to purchase the properties from her and because he develops at the North End a lot, he said, "Let's go in and first of all, eliminate the nonconforming aspect of both of these lots by agreeing, by re- subdividing and agreeing that no duplex, because once you re-subdivide, you can't put a duplex on either one, nor can you do two separate units on either one of the two existing lots, lets re- subdivide and change the nonconforming 30 foot lot," which is nonconforming in lot size and in lot width, "to make it more conforming at 40 feet wide and lot width and totally conforming at 6,000 square feet for a single family home. And in order to do that, we are making lot 12, which is conforming for a single-family home today. Eddie Bourdon: And with this, we'll be conforming in every way to a single-family home except the lot width at 40 feet versus 50 feet." At the same time, Proffer proposed a single-family plan that meets all zoning requirements, no variances for anything. And with the exception of not being able to have a side loading garage meets the overlay architectural requirements. And that's what is before you today, and we're not in the overlay. Now, I can get into a lot of answers, some other things, but that's the basis of this. And to make it clear, I gave you all a copy of a variance application that was filed in December to build a single-family house on the 30-foot lot with a 2 decreased setback to five feet on the interior shared boundary with lot 12. Same boundary that's been there since lot 12 was created back in the early 1900s. Eddie Bourdon: And before we went to the Board of Zoning Appeals, we were approached by the residents on 73rd Street, some of whom are here today. Judge Whitlow, I think is signed up to speak and asked, "Do the single family plan. That's what we want. That's what we like and that's why we're here." That BZA variance application for the 30-foot lot, well, I've been doing this for 37 years with the hardship, the variance will be granted if we have to go that direction. That's not the direction we want to go. This is the way we think is best because we know the people on the street prefer it. Single family home. Perfect. I mean, that's what people want. They don't want to live behind somebody else's house. Some people do, but it's a more valuable and it's a better way to develop the property, consistent with the character of the street. Be happy to answer any questions and the conditions is recommended and the staff reporter acceptable to the applicant. Chairman Wall: Thank you. Are there any questions for Mr. Bourdon? George A. Alcaraz: Mr. Bourdon, the exhibit you've given us that's for single family, but by right, your client could do a duplex, right? If he wanted to fit it? Eddie Bourdon: Well, he absolutely can do a duplex on the 50-foot lot, and that's exactly what the alternative is. Two units on lot 12 and that unit on the 30-foot lot. Yes, technically you could do two units on the 30-foot lot. You'd need a greater amount of variance, and you'd have a problem with lot coverage to get four parking spaces on the property. So as a practical matter, legally, yes, practically the 30-foot lot would be one skinny, three story house. It doesn't meet the guidelines of the overlay, doesn't have to, but I'm not going to sit up here and tell you that I think anyone would develop a duplex on that lot. George A. Alcaraz: No, I just want to know the potential. Eddie Bourdon: Potentially, yes. George A. Alcaraz: Okay, that's all I need. 3 Eddie Bourdon: But undoubtedly, not even close question, you can put a duplex on lot 12, which is exactly what we were going in that direction at one point and a single family just like is in that application on the 30-foot lot. George A. Alcaraz: All right. Thank you. Chairman Wall: Anyone else? All right, thank you. Eddie Bourdon: Thank you, Mr. Wall. Chairman Wall: Madam clerk? Madam Clerk: We have three speakers, Mr. Chairman. Chris Arias followed by Morton Whitlow. Chairman Wall: Mr. Arias, you've got three minutes when the red light ... Chris Arias: Yeah. Thank you. Chairman Wall: Please state your name for the record. Chris Arias: Yes, my name is Chris Arias and I'm representing the Arias family that owns 112 on 73rd Street directly across the street from the property that's applying for the variance. And I'd like to say, we are very much in favor of the application and the proposed design for two single family homes on the lots. We don't want to see a duplex or the alternative go in, and looking at the lots and the way they're designed. One's very skinny development. 4 Chris Arias: There's one very skinny structure going in next to another one does not fit with the context of the neighborhood. Also, looking at congestion and burdens on the infrastructure for our little street and also, just trying to keep the character of the neighborhood. So, yes, I read through the staffs report and we were agreeing with that. So, yeah, we hope you guys approve it. Chairman Wall: Okay. Chris Arias: That's it. Any questions? Chairman Wall: Any questions? Chris Arias: Sorry. That's your job. Thanks. Madam Clerk: Our next speaker is Morton Whitlow followed by Gerrie West. Morton Whitlow: Good afternoon. Thank you. My name is Morton Whitlow. I live at 107 73rd Street. Before I start, I want to thank all of you for your service on the Planning Commission. It's a very, very important civic function and I appreciate your work in that regard. I'm in support of the applicant, our block simply wants two single family homes. It's a predominantly single-family block. Interestingly, over the last 25 years that I've owned my little cottage, almost everybody on the block's had a chance to tear down and start over or remodel. And one by one, two houses were torn down and single-family houses were rebuilt. Nine of us have chosen to rehab or remodel our existing old cottages. Morton Whitlow: And so, it stayed a single-family block uniquely, one by one, pretty special in the North End. So we'd like to keep it that way. I'm not aware of any opposition to this by the people on our block. think you're probably all aware of the emails that have come in from almost every property owner, all in support of these two single family homes on the 40-foot lots. So we hope you'll agree with us. The one thing I note there was a letter was sent in by a representative of the 5 North End Civic League opposing this application. And first, all of us really appreciate the work of the North End Civic League folks in protecting our community. They do a lot of great volunteer work and we appreciate their efforts. We just respectfully disagree with their position in this case. Morton Whitlow: We think it ought be decided on a case-by-case basis. I noted in a letter there's a couple of things, I guess the retired lawyer and retired judge comes out in me when I look at this. So, have to rebut a couple things that are in the opposition letter. There was some complaint that the houses would be too narrow at 24 feet in width, out of character with the neighborhood. Well, the house right next door at 109, Mr. McCardell's house, his house is exactly 24 feet wide. Same. My little cottage is the smallest house on the block at 107 it's 24 feet wide. So, 24 feet is in character, not out of character. Lastly, there was a mention that perhaps the residents of the 100 block had been misled by the developer. That is simply not accurate. I have not been misled. Thank you very much for your attention to this important issue to us and thank you for your time. If you have any questions, I'll be happy to answer them. Chairman Wall: Thank you. Are there any questions for Mr. Whitlow? Commissioner Oliver: I have one. Judge, there's a conversation about the design of the house. I'm just curious as to what your thoughts are as far as does it fit in with the street? Morton Whitlow: Well, it does. We've got, as I mentioned, two single family homes in the last decade have been torn down, single family homes, rebuilt single family homes, and both of those have front loading garages. Commissioner Oliver: Okay. Morton Whitlow: It's almost a necessity with these 50-foot lots. I mean, having something other than that is very difficult. It's possible, but difficult. Everybody would love to see a little cute cottage, but the truth is, square footage matters. And so, these houses, they'll be a lot bigger than my house, but they won't be much bigger than all the other houses on the street. And they look to be two and a half stories. I think they'll have some housing on the third level, but the way they appear to be designed, they look like two and a half story houses, which is compatible with our block, we 6 believe. But all the neighbors up and down the street as you got the emails were supportive of what's proposed. Commissioner Oliver: Great. Thank you. Morton Whitlow: All right. Thank you for your time. Chairman Wall: Anyone else? Thanks. Gerrie West: Good afternoon. I'm Gerrie West. I'm here on behalf of the North Virginia Beach Civic League. Chairman Wall: Okay. Ms. West? Gerrie West: Yes. Chairman Wall: I think you have 10 minutes, correct? Okay. Gerrie West: Oh, I probably won't need 10 minutes, but thank you. I'm here on behalf of the North End Civic League. We are in opposition, this re-subdivision because we think it sets a dangerous precedent on the North End. One of the things as an architect and a member of the Zoning Review Committee for almost 20 years now that I always ask the group at the beginning, when we're reviewing a variance request is what would the North End be like if everyone was given permission to do this? In this case, I think this is one of the more dangerous places to go. Our zoning codes clearly say that the minimum lot width needs to be 50 feet. Gerrie West: That allows for plenty of parking or better parking, I'll say. Everybody knows the North End has a parking issue. It allows for green space for storm water management, and that's the way the neighborhood has traditionally been laid out. A lot of the areas were laid out in 25-foot lots before the zoning code and people would buy 2, 3, 4 of them. So you see these 80-foot-wide 7 lots, or 100-foot-wide lots or 75-foot-wide lots because they bought the 25-foot ones. And also, some have been subdivided off into the 30-foot lot. They were always subdivided and bought for single family homes until duplexes became a thing. And then, when duplexes came in, the two cottage overlay was made an alternative to the traditional three-story duplexes on 50-foot-wide lots. Gerrie West: So I would like to respectfully disagree with Eddie, and I won't use the word legal because I know that's not the right word for this, but that subdividing these lots into two 40-foot-wide lots is making them more conforming. Because we're taking one lot that is already conforming and making it into a nonconforming lot. We are improving the 30-foot-wide lot, but we are not making it conforming. So the thought of making them more conforming is like being a little bit pregnant or not, in my opinion and in the opinion of the Civic League Zoning Review Committee that I am representing today. One of the things, I met with Judge Whitlow and let him know that the applicant can build exactly the same houses that he has in his hands and under the two cottage option without subdividing the lots. Gerrie West: There isn't really any difference at all, except that the garage needs to be set back six feet from the main part of the house, the main front of the house. It doesn't have to be side loading. It just has to be six feet back from the front face of the house, so recessed a little bit, otherwise, everything is pretty the same. They would be held to the two and a half stories, but it looks like the design that they have right now is two and a half stories. I haven't looked at it for compliance with some of the more esoteric parts of the design that are in that code, but I feel confident that very nice-looking houses could be built under the two cottage code and not subdivide the lot. The reason that the lot is here to be subdivided is that the developers can make more money on two single family homes, unencumbered by a condo document. Gerrie West: If he builds the two cottages on one 80-foot-wide lot, which is what makes the most sense, if you take the 30 foot and the 50 foot and vacate the property line, then you get an 80-foot-wide lot and the two houses can be side by side rather than front and back. They do not have to be front and back. That's what the diagram and the code show, but they do not have to be front and back. They can be side by side if you have a wide enough lot, and they do if you made it an 80-foot-wide lot. So, there would be no difference in the houses if you vacate the property line, then there would if you cut it into two 40-foot-wide lots, except for there would be no condo document. And therefore, greater profits could be reaped by the builder and the applicant. Gerrie West: 8 We think it sets a really bad precedent. We have storm water issues and we have parking issues and then, we have what Judge Whitlow calls the traditional-ness of the neighborhood, the small houses and the ones that were developed as beach cottage type things. These two houses that can be built that he's shown meet all of those requirements, except that they would be condo-ed. If you thought ahead and said, "If this sets a precedent," and I believe it will, because there has already been one case of a developer taking three homes on 5 or 6 25 foot lots, I can't remember exactly what it was then and cutting them all up into 40 foot wide lots. So 5 houses now where there used to be 3. We thought that was a bad precedent setter and now we're seeing it come to fruition with this case. There really isn't any reason not to vacate the property line and make an 80 foot wide lot. Any questions? Chairman Wall: Okay. Robyn Klein: I have a question. Chairman Wall: Yep. Ms. Klein. Robyn Klein: So it sounds like, and Bobby please correct me, that they could also take the two lots that exist now and build a single family home and a duplex? Gerrie West: They could. And that's the fear of the neighbors and by all means, I agree with the neighbors. The preference of finishing off the development on their street with more single family cottage like homes is definitely preferable. But they have been told that it is possible to build a three story duplex on the 50 foot wide one and a skinny 14 foot wide, whatever, it could be a duplex, it could be two cottages like Eddie said, or it could be one single family home, but 14 foot wide without any variances. Gerrie West: I'm saying that the value in these two pieces of property is when you combine them and you can have a very nice one single family home, a larger one that's gorgeous, or you can have two smaller ones that are side by side that would also be gorgeous. I think either of those would suit the neighbors, but it is the threat of having that duplex or not the threat, but the ability to do the duplex if the applicant should so choose to do so, that has scared the neighbors into wanting to have it subdivided into two 40 foot wide lots. 9 Robyn Klein: So it's not within our power, right? To say that it has to be one lot because it's technically ... Gerrie West: No, it's not. Robyn Klein: ... two lots, right, Bobby? Okay, so is it the opinion of the Civic League that if it is technically two lots and the one lot is not an option that it be two 40 foot lots or one 50 foot lot, and one 30 foot lot? Gerrie West: The Civic League does not want to see it divided up into two 40 foot wide lots because that is substandard and it causes issues. If everybody was to do that and more and more, it would happen. If this is passed, you'll have 40 foot wide lots instead of 50 foot wide lots, thereby, creating more homes, more infrastructure needed, water, sewer, storm water management issues will get way worse. The more homes there are, you have to have two onsite parking spaces paved for every home. So you're paving more and more, less trees, less grass, storm water management problems everywhere, parking problems everywhere. So, it's the long-term precedent that we're concerned with. Robyn Klein: So if the 80 foot lot is not an option and you don't want to set the precedent of the two 40 foot lots, does that mean that your next best selection is the conforming 50 foot lot and the nonconforming 30 foot lot? Gerrie West: Well, combining it into 80, I'm sorry if I don't understand your question, but combining it into 80 would be perfectly fine. Robyn Klein: Right. Gerrie West: And having two or one homes on that. Robyn Klein: Right. But right now there's, two lots. 10 Gerrie West: Correct. Robyn Klein: Right. So by-right, the developer could have the 50-foot lot and the 30-foot lot. Gerrie West: Correct. Robyn Klein: So, if the one 80-foot lot is not an option, and it's either two 40s or a 50 and a 30, does the Civic League prefer the 50 and the 30, because at least the 50- Gerrie West: Yes. Robyn Klein: Is conforming? Gerrie West: Yes, that is correct because it wouldn't be setting a precedent for the 40-foot-wide lots. Commissioner Oliver: Okay. So Gerri, I might have missed something in all of this because I'm... irregardless of whether we've got two 40s, a 30 and a 50 or an 80, we're still putting two single-family houses on this whole piece of property. Gerrie West: Correct. Commissioner Oliver: Regardless of how it's- the pie is sliced. Gerrie West: Yes. Commissioner Oliver: 11 When you mentioned, and I'm maybe I misunderstood you as far of stormwater and infrastructure and stuff. It's still two houses. It's still the same amount of use on the same space of property. Gerrie West: Yes. Commissioner Oliver: So I'm just trying to figure out that's really not the issue, the amount of use on the piece of property- Gerrie West: Correct- Commissioner Oliver: Because two houses is two houses. Gerrie West: Yes, you're absolutely correct in that respect. It is the danger of having every lot every 80-foot- wide lot- Commissioner Oliver: Divided. Gerrie West: Divided into two 40-foot-wide lots, which would traditionally not be the case. So, if the majority of the lots started becoming that, then we would have more houses ultimately than we would if people were unable to create the substandard lots. Commissioner Oliver: Okay. Okay. It wasn't the amount of use on that- Gerrie West: Correct. Not on that specific lot, and that's why I say, we'd be happy if it became an 80-foot lot and had two houses on it. We're not against that, of course. Commissioner Oliver: It's the subdividing. 12 Gerrie West: It's the subdividing. That's the only issue is the subdividing of the property. Commissioner Oliver: Okay. Thank you. Chairman Wall: Mr. Weiner. Commissioner Weiner: Mrs. West. I got a... well, so we were out there last week and we were standing in front of it and I asked staff to go please look into how many times this has happened in the past. Well, wouldn't say that. So I've been doing this for a while, and I don't remember three houses becoming five. I don't know where that was- Gerrie West: It's between 74th and 75th street on the feeder road. Commissioner Weiner: Okay. I don't remember that, but- Commissioner Oliver: I do. Commissioner Weiner: Okay. Commissioner Weiner: So, the staff came back to us with since 1993, twice. This has only happened twice. I personally don't think this is going to set a precedent for the future. That's my opinion. Everybody has their opinion. So, I just don't see this happening as much as you think it's going to happen. Gerrie West: I would really hope that was the case. I really would, but we saw it once and now we're seeing it the second time, and what we're seeing is this cyclical pressure to have the homes torn down and rebuilt by developers, as opposed to the traditional, a person buys a lot, or a person buys a lot with this small house on it that's a tear down, or they want a bigger house than what's on the lot. So, they're developing that lot for themselves as opposed to someone coming in and saying, 13 "How can I make the most money by buying this property that's available?" That's the issue. Yeah. Chairman Wall: Anyone else? Commissioner Frankenfield: I guess I have question. Chairman Wall: Mr. Frankenfield. Commissioner Frankenfield: So, I'm just concerned about the form of the house and the relationships. So, if you condo the lot, the discussion has been you can get the same thing. What's the big deal? But the way I see it, you can't get the same thing because if you have to have the garage set back six feet, well then... and since there's no house to come out in front of the garage, that you basically have to set the entire house back six feet. Gerrie West: No. No, it's just that the portion of the house that has the garage door... let's say this is the main body of the house. Commissioner Frankenfield: Right. Gerrie West: The garage is here. Commissioner Frankenfield: Right. Gerrie West: It just has to be set back six feet from the face of that. So, the face of that one is at wherever you place it. 14 Commissioner Frankenfield: So, it could be like a tunnel going back six feet with a garage? Gerrie West: Six feet isn't that far. It's like from- Commissioner Frankenfield: Well, whatever. Okay. I just- Gerrie West: From here to here. Commissioner Frankenfield: I'm having a hard time visualizing how it would work I'm not- Gerrie West: Well, there's a lot- Commissioner Frankenfield: Trying to argue with you. I'm just- Gerrie West: Yeah, there's a lot of examples on the north end that have been built that way. So, I know it's too late to go see them now, but- Commissioner Oliver: So Gerri, while we have you up, because I know you... so you're asking to follow the guidelines for the North End Overlay for the setbacks- Gerrie West: I'm asking this commission not to approve- Commissioner Oliver: No- Gerrie West: 15 Creating substandard lots. That's what I'm asking. Commissioner Oliver: Right. No, no. Okay. You're right. All right. I'll- Gerrie West: I don't- Commissioner Oliver: No, I'll just move on. Gerrie West: I don't have any say so on- Commissioner Oliver: Right. Gerrie West: What a person decides to build. Commissioner Oliver: You're right. Gerrie West: So I don't want to presume that that's what you hear me saying. That's not what I'm saying. Commissioner Oliver: No, no. Gerrie West: Okay. Commissioner Oliver: Perfect. Thank you. Gerrie West: 16 Okay. Chairman Wall: Anybody else? No? Gerrie West: Thank you very much. Chairman Wall: Okay, Mr. Bourdon? Eddie Bourdon: First, of all, I want to thank my good friend Gerrie West for being the one speaking today, so didn't have to address some of the comments in Mr. Warren's letter, and Gerrie was very careful in the way she worded her comments because this is not a situation in any way, shape, manner or form where anybody's trying to browbeat or twist arms or anything else. In fact, Judge Whitlow called me. I didn't call him. Eddie Bourdon: The idea that this sets a dangerous precedent, a lot of the times, if you listen closely to what Gerrie said, she keeps referring to this as an 80-foot lot. It is not an 80-foot lot, and there is no... there are some 80-foot lots at the north end and an 80-foot lot in the north end would never get approved to be divided into two 40-foot lots ever. Eddie Bourdon: And I would.. as Mr. Weiner has asked staff, staff can take a look at the subdivision plats of all the blocks at the North End, and with the exception of the two or two and a half blocks that Gerrie lives on that were developed by Shore Realty, which have non-conforming lots, the rest of the North End doesn't have non-conforming lot. So, the idea that this is setting some dangerous precedent is just truly not accurate, just like it wasn't accurate to suggest that we were using a straw man or a boogeyman or whatever, trying to convince people of anything. Eddie Bourdon: It's not the city's, it never has been the city's, policy to encourage two-unit condominiums at any point in time. So, let's deal with what's true, and that is that there are two buildable lots, and this is not a subdivision. This is a re-subdivision. The 50-by-150 foot lot is a nonconforming lot. We are making it conforming as to density, and the Comp Plan talks about density. Gerrie's talking about density. That's exactly what we're doing and to... I don't want to get down the weeds, but 17 it's easier for me to do. If you tried to do the overlay side by side, and Gerrie is absolutely correct that you can do it side by side. This morning, I think it was suggested you couldn't. Eddie Bourdon: But the reality is if we did that, the house... and to meet the... you can't do a six-foot setback construction wise. It's very, very difficult for the garage to be set back. To do something under the overlay, what you would do is you'd build a shared driveway to serve both units, and you have 10-foot setbacks on the outside., and your shared driveway has got to be 18 feet wide because it's a shared driveway, and you wind up instead of having a 24-foot wide house, you wind up with a 20 or 21-foot wide house. Eddie Bourdon: So it's not exactly the same, and it can't be exactly the same. So, this notion that you're going to dictate how the property develops as a condo, as opposed to two lots, it's not the way this should be handled in any way, shape or form. If I believe for one second, or my client believes for one second, that you could take lots in the North End and just carve them up into 40-foot lots, that's not possible. It isn't possible. It may be possible, but the folks in the Shore Realty subdivision who... part of it who I'm representing all the street closures, they don't want to do that to their properties, and I don't think there are any in there that could even do that at this point. Eddie Bourdon: But this does not apply to 90... well, maybe not 90. Maybe 78, 80% of the North End. What Gerrie's saying is a bad precedent doesn't exist. This situation, if it exists anywhere else, I don't know of it, and it wouldn't be, if it did, more than one or two situations. It's not a circumstance that I think will ever be recurring. Eddie Bourdon: All we're trying to do is the best job... and it is truly more valuable for everybody concerned to do them a separate single-family homes, and it's easier for the city from a regulatory standpoint. Condos create a lot of additional issues. I'm not going to ask Miss Wilson to testify about that, but I think she'll nod her head. So why would we want to do a condo as opposed to doing two single families when we already have two lots that we can build a duplex and a single family on? I'd be happy to answer any questions. Chairman Wall: Okay. Any questions for Mr. Bourdon? Eddie Bourdon: Thank you all. 18 Chairman Wall: Okay. Thank you. Okay. All right. I close it up for comment and open it up among the Planning Commissioners. Anybody like to start? George Alcaraz: I will. Chairman Wall: Go ahead. George Alcaraz: As I stated in informal, you got a situation where you have a house with a proper line going down the middle and something that Mr. Bourdon just said that just struck me, you got the definition of a subdivision, the definition of a re-subdivision. A subdivision is dividing one lot into two or more. A re-subdivision is changing the lot line, and in this case, they're changing it to the betterment of what's there. So having said that, I'm going to support it. Chairman Wall: Okay. Anyone else? Barry? Barry? Okay. Commissioner Frankenfield: I support it also, only because I can't figure out a way it would be better to condo the lot. The product that is there with an entrance, each having their own entrance, their own separate driveway, is a better solution than a setback garage or one house behind the other. So, it seems like a better... of all the choices, it seems to me like the best solution. Chairman Wall: Okay. Thank you. Commissioner Weiner: I'll say something real quick. It's a long time we've been doing this. I've never seen this before. Don't get me wrong. The North End Civic League does a great job with the design... what they do up there, but for everybody on the street to come in in favor of this, I've never seen that before. That means something, too. I'm definitely going to support it. Chairman Wall: Okay. Thanks. Yeah, I generally. I like the way it. I like the little cottage and the green space, but barring that, I also highly respect the civic league's opinion. I think that they have very good 19 input, and their strict adherence to holding on the layouts and dimensional requirements and standards is... I think that's fantastic. However, I think there's great value in the way that it's laid out in a single-family.... the support from the neighborhood, and I think it'll provide value to the neighborhood itself. So, I'm going to support it as well. Chairman Wall: Okay. Do we have a motion? George Alcaraz: I'll make a motion. Chairman Wall: Okay. Chairman Wall: Okay. Mr. Alcaraz makes motion for approval. Do we have a second? Commissioner Frankenfield: Second. Chairman Wall: Okay, Mr. Frankenfield for the second. Are there any abstentions? Okay. Madam Clerk: Vote is open. Madam Clerk: By recorded vote of nine in favor, zero against agenda item number 10 has been recommended for approval. Eddie Bourdon: Thank you all. I hope everybody has a wonderful holiday this weekend. Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE 20 Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Preliminary Concept Resubdivision of Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL. copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Subdivision Plans"). 2. The homes to be developed on this site must use attractive, high quality materials capable of withstanding severe weather events as recommended within the North End Suburban Focus Area section of the Comprehensive Plan and as shown on the exhibit entitled, "Single Family Development Exhibit for Lot 12 & the Eastern 30' of Lot 14, Block 1, Cape Henry Syndicate", prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 3. The proposed lots 14A and 12A shall only be developed with one single-family residence on each lot. 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. 21 From: Michael Lynch To: Aubrey A.Trebilcock Cc: Lee Mccardell; Mo Whitlow;jlvnctajblmedical.com Subject: 111 73rd Street Variance Request Case No:2021-PCCC-00223 Date: Tuesday,April 5,2022 8:54:00 AM Attachments: image056482.ona imaae370023.pnq 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.Tribilcock, My family and I own and live at 110 73rd Street and are in support of the application to convert 111 73rd St. into two 40ft. lots restricted to one single family house on each lot. Our block is mostly single-family homes, and we would like to keep it this way. We wish to maintain the character of our block. Let me know if there is anything more I can help with. Thank you for your time, Michael and Jessica Lynch Michael Lynch Vice President 0:804.262.0100 D: 804.515.1283 M:804.641.7326 i"khir R(*ItifinthiPc 8050 Kimway Drive I Richmond,VA 23228 From: Sarah Hamlin To: Aubrey A.Trebilcock Cc: Lee Mccardell;mvwhitlow(a�gmail.com;F Ladd Subject: 111 73rd Variance Request Case No:2021-PCCC-00223 Date: Monday,April 4,2022 11:07:35 PM [CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments 'unless you recognize the sender and know the content is safe. Dear Aubrey, Our father, B.W. Armstrong, purchased 7300 Oceanfront Avenue in 1999, more than 23 years ago. Since his passing 11 years ago, my sister and I have proudly owned and maintained this property. All of us have loved and enjoyed the property partially as a result of the nature of the block upon which our home is situated. Our oceanfront block is predominant single-family homes with 11 of the 13 properties are single family. As such, we strongly support the application to convert 111 73rd St into two 40 ft. lots, with a restriction to for one single family house on each lot. Many of the families that own on our block have owned their homes for multiple generations just as we have. We all wish to maintain the character of our block. We are very disappointed to be out of town for the April 13th hearing at City Hall, otherwise we would both be present. Thank you for your careful consideration. Sarah Armstrong Hamlin Frances Armstrong Ladd 7300 Oceanfront Avenue 7300 Oceanfront Avenue Va. Beach,Virginia 23451 Va. Beach,Virginia 23451 (214)354-6901 (251)605-2203 shamlin217Pgmail.com francesladd9Pgmail.com Stuart Taylor 116 73rd Street Virginia Beach, VA 23451 April 4, 2022 City of Virginia Beach Planning Office Reference: Case No: 2021-PCCC-00223 Dear Mr. Tribilcock, The Taylor family has owned 116 73rd Street since the mid 1950's and have cherished several generations while living in single-family homes consistent with the traditional north end living style. If one single family home cannot remain on the entire referenced property, I support the application to convert 11173rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have also owned their homes for multiple generations. We all wish to maintain the character of our block and respectively ask your support keeping the wishes of all the property owns and residents on the oceanside of our street. We appreciate your consideration and believe you will do what is best for our little community on this street and approve the variance application. Thank you kindly, Stuart Taylor From: )ames Carter To: Aubrey A.Trebilcock Subject: Case Number 2021-PCCC-00223, 111 73rd Street Variance Date: Monday,April 4,2022 2:00:58 PM [CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Trebilcock: My name is James Carter and I reside at 7217 Atlantic Avenue. It is my understanding that there are several variances under consideration for the subject property. When I purchased my residence in 2020, I considered the character of homes on 73rd street, since I am in such close proximity and use this street for beach access. Almost all are single family homes which had a favorable impact on my purchasing decision. Accordingly, I support the application to convert the subject property into two 40 foot lots, providing this variance restricts construction to single family residences, which I feel are more compatible with the other existing homes, and frankly, the preferred residential structure for the North End. Thanks for your consideration. James Carter April 4, 2022 757-636-2359 From: Morton Whitlow To: Aubrey A.Trebilcock Subject: 111 73rd Street.2021PCCC-00223 Date: Monday,April 4,2022 11:56:32 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr Trebilcock, We own 107 73rd Street and are now full time residents. We support the application to convert 111 73rd Street into two 40 foot lots,strictly limited to one single family house on each lot. We wish to preserve the character of the block which is predominantly single family old beach houses of 2 stories in height. I think it would be best to limit the height of the new single family homes to 2 stories. Thank you for helping our neighborhood. If you wish to discuss this matter please call me at 757-477-0238. Mo and Linnea Whitlow Sent from my iPhone From: Chris Arias To: Aubrey A.Trebilcock Cc: Lee Mccardell;Mo Whitlow Subject: 111 73rd Street Variance Request Case No:2021-PCCC-00223 Date: Monday,April 4,2022 10:03:59 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I Dear Planing Commission Thank you for taking the time to review the proposed variance for 111 73rd street. Our family has had the pleasure of enjoying our home, 112 73rd street, and neighborhood for over 16 years. This house is used all year round and our front porch looks directly at the proposed property. It is of our opinion that the allocation of the 10 feet of yard width to make up two 40' wide lots and to build two single family homes is within keeping with character of the neighborhood. We hope that you agree as well and approve the variance as proposed. Warm regards Chris Arias Chris Arias chris@ariaslIc.com Arias Ilc Design+Build Studio www.ariasllc.com 804-387-5344 Fax 1-800-214-5044 From: Sara Atherholt To: Aubrey A.Trebilcock Subject: Case No:2021-PCCC-00223D Date: Monday,April 4,2022 10:03:08 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, The Traylor/Atherholt family has owned property on 73rd. St since 1953. At one time we owned 117, 115 and 111. I still own 115. 115 and 117 were built in the early 70s when duplexes were of normal size. We felt at the time that the buildings would fit in with the charter of the street.Now with so much building at the North End, 2 single family houses facing 73rd. Street seems to be the ideal way to preserve the character of the street. I fully support the application to convert 111 73rd. into two 40 foot lots. I will not be in Virginia Beach on the 13th. so I am unable to attend the meeting. Please approve the variance request as all of my neighbors are in favor of this proposal. Thank you. Sara Traylor Atherholt From: To: AL,brer A TrebilcoJ. Cc: I.10 Lec rlccaruc' Subject: 111 73rd St Zoning Date: Monday,April 4,2022 8:29:02 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No: 2021-PCCC-00223 The Izard family has owned 108 73rd Street since 2015. We purchased on 73rd Street specifically for its single family home character. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. As 11 of the 13 properties remain single family, the street shares a unique character that should be the norm, rather than the exception, on the north-end of the beach. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block. I have a business engagement and will be unable to attend the April 13th hearing at City Hall, otherwise I would be present. Please accept this email in my staunch support of the two lot single family option. Thank you for your consideration. Jim & Tricia Izard 108 73rd Street Virginia Beach, VA 23451 Cell 757-377-0103 James J.Izard,II Palladium Registered Investment Advisors,LLC 999 Waterside Drive,Suite 1000 Norfolk,VA 23510 Office:(757)305-1500 Direct:(757)305-1508 Email:jiizard anoalladiumllc.com This message, including any attachments, is confidential and may be privileged. If you have received it by mistake please notify Palladium and kindly destroy/delete this message. Any unauthorized use or dissemination of this message in whole or in part is strictly prohibited. Palladium is a Registered Investment Advisor with the United States Securities and Exchange Commission and shall not be liable for the improper or incomplete transmission of the information contained in this communication. Third Party Research Disclaimer Third party research is provided for information purposes only and has not been prepared by Palladium Registered Investment Advisors. The information contained therein is based upon sources which we believe to be reliable, but no representation, express or implied, is made with respect to the accuracy, completeness or reliability of the information or opinions in the reports. Nothing therein shall be construed as an offer or a solicitation of an offer to buy, sell or otherwise engage in a transaction in the securities or strategy described in the report. The report is not intended to provide personal investment advice and it does not take into account the specific investment objectives, financial situation and particular needs of any specific person. Past performance is not a guarantee of future results. From: Mav Lynn Mansbach To: Aubrey A.Trebilcock Cc: rnvwhitlowCa�gmail.com; Lee Mccardell Subject: 111 73rd St.variance request Date: Sunday,April 3,2022 4:46:42 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No:2021-PCCC-00223 The Mansbach family has owned 106 73rd St.since 1997. We support the application to convert 111 73rd St.into two 40-ft lots restricted to one single family house on each lot. Our oceanfront block is predominantly single-family homes as 11 of the 13 properties are single family. Many of the families that own on the street have owned their homes for multiple generations. We all wish to maintain the character of our block. I would attend the April 13th hearing at City Hall but will be traveling on that date.Thank you for your consideration. May Lynn Mansbach 106 73rd St. Virginia Beach,VA 23451 From: Lee Mccardell To: Aubrey A.Trebilcock Cc: Jeemccardell3gmail.com;Mo Whitlow Subject: FW: 111 73rd Street Variance Case No:2021-PCCC-00223 Date: Sunday,April 3,2022 10:29:12 AM [CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Aubrey, Case No: 2021-PCCC-00223 I live directly next door to 111 73rd Street and the McCardell family has owned 109 73rd Street since 1987. This is my primary residency. I support the application to convert 111 73rd St into two 40 ft. lots restricted to one single family house on each lot. Our oceanfront block is predominant single-family homes as 11 of the 13 properties are single family. Many of the families that own on our block have owned their homes for multiple generations. We all wish to maintain the character of our block . I will be out of town for the April 13th hearing at City Hall, otherwise I would be present. Thank you for your consideration. Lee McCardell 109 73rd Street Virginia Beach, VA 23451 Cell 757-848-6212 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE April 4, 2022 MEMO Members of Planning Commission City of Virginia Beach Dear Commissioners Re: Subdivision Variance Application of Atlantic Development Associates,LLC; Case No.: 2021-PCCC-00223 113-73rd Street, Lynnhaven District. The North Virginia Beach Civic League(NVBCL)met with the developer's land use attorney, affected residents of 73rd street, and fully understand this request. An existing single-family home currently straddles the existing lots which is the historic development pattern of our North End neighborhood. The developer intends to demolish the existing house to accomplish this subdivision which doubles the density, parking requirements, and utility infrastructure usage of what is currently in place. The NVBCL fully reviewed all proposed developer options for the building design and site design for the properties as they exist today. A left over small 30ft wide parcel is a part of a larger standard 50' wide single-family parcel which combined results in an 80ft x 150ft, 12,000 sf lot. The resulting combined lot has an 80ft wide frontage. The developer is proposing to subdivide the larger lot option into two(2) substandard frontages at 40ft x 150ft/6,000 sf lots and construct two single family homes no more than 24ft wide which is a full l0ft narrower than the typical 50ft wide lot would yield. The resulting houses are much narrower than those normally found at the North End on the oceanside and is out of character in our neighborhood. The NVBCL has asked the developer to consider using the full 80ft x 150ft lot to develop a by- right duplex which requires a 10,000-sf lot, or the two detached cottage development option, or an appropriately sized single-family home with associated outdoor amenities. The developer has refused to consider these options even though there a multiple 80ft wide single-family homes at the North End with this same lot condition. Additionally,using the North End's Two-Cottage Overlay development pattern,the developer BY RIGHT can accomplish the same objective by vacating the interior lot line and creating a condominium of two unattached single-family homes on the 80ft wide lot. Allowing this subdivision into 40' wide lots creates a dangerous precedent, in that ALL developers may then claim the right to do the same, thus doubling the number of homes that can be built, along with the attendant parking problems, stormwater management, and city infrastructure requirements. 1 The developer has led the 73rd street neighbors to believe that if denied they would build a duplex on the substandard 50ft x 150ft/7500 sf. lot and a 14ft wide single-family on the substandard 30ft x 150ft/4500 sf lot. This has made the 73rd Street residents wary of opposing the developer's application. We are disappointed in this approach as the majority of the 73' Street residents are not familiar with the underlying development standards and feel they have no other option than to support the developer's request to avoid a 14' wide house. As a Civic League we remained concerned with the persuasion strategies employed by developers towards the residents of the North End, as this has happened many times. We as representatives of the North Virginia Beach Civic League Zoning Review Committee have reviewed hundreds of zoning cases since 1998. We have witnessed the systematic degradation of our neighborhood by developers who do not live at the North End, seek to redevelop it, and at the same time destroy the essence of this historic Virginia Beach community. The consistent street by street destruction of older North End homes unfortunately replaced by mundane prototypical duplexes and average prototypical single-family houses is truly disheartening. The NVBCL wishes at some point that the City of Virginia Beach Department of Planning and Community Development, Economic Development, Strategic Growth Area Office, Planning Commission, and City Council steps up to guide proper and appropriate redevelopment in these older Virginia Beach neighborhoods. The NVBCL strongly opposes this subdivision request Exam le: Single famil home on an 80ft wide lot at the North End F - - ' . re,s_s„ :-,k, i • S.-• Ai,-c. , ils, , , - -,. .. 70, ..iy \. - . --,, ....._:.."".11 - 41.1.-1,:z.„zit'Ay • , tior ,..,:s le • III , —� *1 .' '-: -- , ::.1_, , V ....:' . , ., 1 ‘. 0 E S 4 -' • - a-3 f S z t 2 :i--• , f 4.- . 4-.4,,p:...._.- ,,,,.. ..i. -. .,-.!,,-;„ -.4,,..,-, _t'.4",- - ' .4,,,tisl',....t...... 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' ).:1 iUtp.... a , ' Iii As Members of the NVBCL Zoning Review Committee: Billy Almond 209 - 70th Street(Abstaining) John David 410 48th Street Willy Fluharty 303 -49th Street Mary Lee Harris 216 - 55th Street Dave Jester 200 - 63rd Street Jo Anne Moore 300 - 55th Street Bernice Pope 214 -44th Street Molly Oberst 106 A-65th Street Martin Waranch 111 - 66th Street Gerrie West 217 - 75th Street Hobie Whitmore 311- 48th Street Jay Woodard 113 - 85th Street(Abstaining) 3 re 1 SI OR OR , POPF7 ,/ - trees 0 �- -Ours \CD\\am R G �-,�_-- thu- , oreh 18 OR II\- , -., ----- _ ,,,,..,----\ 0 \Fi--- tree \� ---\OR 0 th_s � ,_ , to . _----\ ., 18 , yi., r---- Seret . 0 11 th N7, � OR OR (YR �evar Y u•_____- .---,------ ---_ i3ea6-1030 ; to __-A4 ‘11- T 01."a var - _—èac !9-9u •� u� virgill'a a - \ (i) A1:2 \-:-3\ , N-r--- , ' ,, 1 .V'--1 ". _.sli C• 7 OR Al 2 1 \II3 ; 1 U Ilk , 1 •• _ R5S 11 R5S, r N �� Site w ' lhi •' Sacred Daggers, LLC _�;! Property Polygons 1705 Mediterranean Avenue s Zoning Building cciiiiiiiiimc=Feet 0 25 50 100 150 200 250 300 I kr 0 Li� 2 Cta ALL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SACRED DAGGERS, LLC [Applicant] PERCY LEE JONES JR. FAMILY TRUST [Property Owner] Special Exception for Alternative Compliance (Tattoo Parlor)for the property located at 1705 Mediterranean Avenue (GPIN 24270607480000). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: May 17, 2022 • Background: The applicant is requesting a Special Exception for Alternative Compliance for a Tattoo Parlor as the use is not expressly listed in the use table of the Oceanfront Resort Form-Based Code (ORDFBC). The applicant proposes to offer traditional custom tattooing services with space for up to eight artists. The site is located in the ViBe Creative District on the northeast corner of Mediterranean Avenue and Virginia Beach Boulevard, with the storefront facing Mediterranean Avenue. The existing 22,755 square foot structure was built in 1941 and is occupied by multiple tenants including retail, office, an eating and drinking establishment, and an art gallery. The applicant intends to operate within a 2,800 square foot unit within the building and will remodel the interior and improve the aesthetic of the unit's façade with new doors and windows, removing the existing garage door, and new exterior wall signage. • Considerations: The 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. Although the proposed use of `Tattoo Parlor' is not expressly listed in the ORDFBC, the proposed use will contribute to a mix of uses in the surrounding area which are compatible with one another. These creative uses support the recommendations of the Comprehensive Plan, specifically for developing and maintaining the goals and objectives for the ViBe Creative District, which fosters and promotes creative industries within the arts and cultural vocation. There is existing parking along Mediterranean Avenue with additional parking spaces to the east of the property. The proposed use does not require any additional parking spaces, as the use is similar in nature from the previous tenant. The applicant met with the ViBe Creative District Board and the Friends of the Creative District Board throughout the months of November and December of 2021. After extensive discussion, both Boards have endorsed the artisan tattoo Scared Daggers, LLC Page 2 of 2 business, as the operation will be conducted by appointment only and concentrated on custom artwork tattoos with a high-level focus on original artwork, specializing in providing art therapy to patients with medical scars and military veterans. Additionally, the Boards supported the creative business providing community programming such as art exhibits featuring original artwork by the resident artists and visiting tattoo artist events to engage with the creative community. 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 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) — Combined letter from both the ViBe Creative District Board and the Friends of the Creative District Board Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: "1\11B Applicant Sacred Daggers, LLC Agenda Item Property Owner Percy Lee Jones Jr. Family Trust Planning Commission Public Hearing April 13, 2022 City Council District District 6,formerly Beach Virginia Beach Request Alternative Compliance (Request for a Tattoo Parlor as the use is not expressly listed in the use table of the Oceanfront Resort Form-Based 2•041,,"*o ----- \ Ty d 5"el M 5"e, Code) _ 22 v 22,..HTe S,Re` 0 2 et Staff Recommendation 7� ; p,,,+�'S20,"st,�y eet Y� 4as7 Approval V_,/ %. iii j Staff Planner 19'"5" �-- � Brandon Hackney ,B,,.Sv``� dIS ti m'��h W v 4 v"g , •` Location 1705 Mediterranean Avenue --� t1 \ . GPIN ,s,,,s,reef . ,�ths"e`` 24270607480000 f •�°` °`'ey , slot Site Size ) .‘ 31,724 square feet ,rh5". '0: �__ i �a•r ,ov,srr� AICUZ " 70-75 dB DNL Watershed Atlantic Ocean ,,. tf'�'t' ,9. " ,8. street Y� '*i Existing Land Use and Zoning District s . Retail /OR Oceanfront Resort i�lF ` - ,skr,e ,,- W� i . T • Surrounding Land Uses and Zoning Districts -t �1 North o . , \ 17th Half Street % A .-p Office /OR Oceanfront Resort South ► •,;ram f,g: w,rard r.111 Virginia Beach Boulevard . "BUJ _ ' : ellv'' Auto Sales, Commercial /OR Oceanfront Resort •• ~Or, -1• F East , Parking Lot /OR Oceanfront ResortIP 06' 1 West low' , .„ IR _ .+! Mediterranean Avenue Retail /OR Oceanfront Resort Sacred Daggers, LLC Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Special Exception for Alternative Compliance for a Tattoo Parlor as the use is not expressly listed in the use table of the Oceanfront Resort Form-Based Code.The applicant will be providing traditional custom tattooing services. The existing 22,755 square foot structure was built in 1941,with multiple tenants including retail, office, an eating and drinking establishment, and an art gallery. The operation will occur within one of the units, approximately 2,800 square feet. The property is zoned OR Oceanfront Resort and is within the ViBe Creative District. • The proposed tattoo parlor will employ eight tattoo artists. The typical hours of operation will be 12:00 p.m. to 8:00 p.m., Tuesday through Saturday. The business will be operated by appointment only and will not accept walk-in patients. There will also be an art gallery in the lobby to display original artwork prints by the resident artists. • The applicant is proposing to remodel the interior and upfit the facade of the structure with new doors and windows, along with new exterior wall signage. See, 7 , .\` °R 2 3 fil_iJ Zoning History V.i • , uet ---,___-- I CUP Short Term Rental Approved 09 01 2020 t 1 •• fe0oc„Bp4N,,,ie 4 CUP(Short Term Rental)Approved 06/09/2020 ^'ice 5 CUP(Eating and Drinking Establishment)Approved r OR 5 10/07/2014 _ ....„---------A \ - ___---.-----_ _ _.,_ , , , ,v___ __ 8 \At? -! Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental 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). Although the proposed use of'Tattoo Parlor' is not expressly listed in the Oceanfront Form-Based Code, staff supports the request as the proposed use will contribute to a mix of uses in the surrounding area which are compatible with one another. These creative uses support the goals of the Comprehensive Plan, specifically for developing and maintaining the goals and objectives for the ViBe Creative District, which fosters and promotes creative industries within the arts and cultural vocation. The site is located on the northeast corner of Mediterranean Avenue and Virginia Beach Boulevard, with the storefront facing Mediterranean Avenue. Mediterranean Avenue is designated as a "Beach" street frontage type by the Form- Based Code,which is intended as a quieter frontage with high pedestrian activity associated with movement from Sacred Daggers, LLC Agenda Item 11 Page 2 residential areas down to the beach. With the existing structure positioned on the site abutting the right-of-way,the street having lower volumes of vehicular traffic, and substantial improvements to the storefront facade,the proposal activates pedestrian activity and encourages alternative modes of transportation. There is existing parking along Mediterranean Avenue with additional parking spaces to the east of the property. The proposed use does not require any additional parking spaces, as the use is similar in nature from the previous tenant. Scheduled to start construction in 2024, CIP No. 9-039 (17th Street Improvements Phase 1)will improve the streetscape features along this portion of Mediterranean Avenue, including parallel parking and sidewalks,which will abut the existing storefront.These improvements within the right-of-way, along with the substantial improvements to the existing facade, will create a built environment that is in scale with pedestrian-oriented activities and provide visual interest and orientation for pedestrians. The applicant met with the ViBe Creative District Board and the Friends of the Creative District (FCD) Board throughout the months of November and December of 2021. After extensive discussion within those meetings, both Boards endorsed the artisan tattoo business, as the operation will be conducted by appointment only and concentrated on custom artwork tattoos with a high-level focus on original artwork, specializing in providing art therapy to patients with medical scars and military veterans. Additionally,the Boards supported the creative business providing community programming such as art exhibits featuring original artwork by the resident artists and visiting tattoo artist events to engage with the creative community. Prior to operation on the site,the applicant is required to obtain a business license, and the Health Department must verify that the business meets all requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. The request for Alternative Compliance to allow a Tattoo Parlor within the boundaries of the ViBe Creative District, along with proposed streetscape and facade improvements, is consistent with the RASAP 2030 vision of street activation, beautification, and creation of sense of arrival for the Central Beach District. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Sacred Daggers, LLC Agenda Item 11 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Resort Strategic Growth Area (SGA),which is designated as one of the eight urban areas in Virginia Beach that encourages land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection,green building and infrastructure opportunities,with a variety of civic, commercial, artistic, and ethnically diverse areas. The property is located within the Central Beach District sub area, as designated by the Resort Area Strategic Action Plan (RASAP 2030), which encompasses the 21st Street Gateway, the ViBe Creative District,the Virginia Museum of Contemporary Art, and the 19th Street multimodal corridor. The Central Beach has been designated as one of the high- priority areas for streetscape improvements, including public art, lighting, landscaping, and outdoor amenity spaces. The Plan also prioritizes the need to create a sense of arrival and welcome into the Resort Area, with the goal of being a year-round resort destination. New developments should protect the character of the existing neighborhoods by designing at the neighborhood scale and providing amenities for both residents and visitors. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be any significant natural resources or cultural features associated with the site, as it is fully developed with a multi-tenant structure and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Mediterranean Avenue 4,030 ADT' 8,700 ADT 1(LOS°"D") Existing Land Use 2—No Data Available Proposed Land Use 3—No Data Available Virginia Beach Boulevard 9,360 ADT' 25,100 ADT 1(LOS°"D") 'Average Daily Trips 2as defined by a Shopping 3 as defined by a Shopping Center 4 LOS=Level of Service Center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this site is a four-lane undivided minor urban arterial. Virginia Beach Blvd. has a variable width right-of-way.The 17th Street Improvements- Phase I CIP project will improve 17th Street from Cypress Avenue to Pacific Avenue and provides essential connectivity and improved aesthetics for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wide sidewalks, street trees, bicycle lanes,traffic signals, curb and gutter, and four lanes of traffic. Associated utility and accessibility upgrades including undergrounding of overhead utilities, new storm, sewer, and water infrastructure, improved crosswalks, and curb ramps will be implemented. This project is currently in the design phase and is scheduled to begin construction in late 2022. Sacred Daggers, LLC Agenda Item 11 Page 4 Public Utility Impacts Water This site currently connects to City water. Sewer The site currently connects to City sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the members of the ViBe Creative District Board and the Friends of the Creative District (FCD) Board and received a letter of support from both Boards. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022 and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022 • 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 13,2022. Sacred Daggers, LLC Agenda Item 11 Page 5 Proposed Site Layout ._ Iii, = • k £ WE 1... NEANpvE 1104: - - M - ,,,. .. ,,, _ _ _,:_. ,, ._viii 4 :,,, ,-- - t s __....L., lir :o 0 s P. . , \ ',010 .. , „ .., 0 ... t- • • , 4 ,----- A . 11.i...3.;., _:_, 57, • _.,.............7- i , ,,, --vs— -0 rri . .. , ! 'Z, ' . # 111)\ ik l 1 ii —- ►t 0 0‘ I* Livir,,,, 900 . 4d10. e Ai Sacred Daggers, LLC Agenda Item 11 Page 6 Proposed Elevation Plan .......4 i a T1 1 � _.AeQ 9. wkb.."'—m.rili.-- IIINuleit7 Sacred Daggers, LLC Agenda Item 11 Page 7 Proposed Floor Plan IL , i• Kitchen Booth Booth „, MI Drawing _ 0,- --_- • Area /7• Booth Booth • , .............„ : , . ti‘> Booth Booth .: U mud 0 . , . . • C:) Booth Booth . , - _ : CI . HO o . 3 =NJ , • Sacred Daggers, LLC Agenda Item 11 Page 8 Site Photos L. J '' erg f N i N. Y �r,,.,. I i'- �., - . 0• _ ' " .MO , -41111" ' "-C'•'- - ft...la ""t;_t .. 4-, _ I_ J t t y 1 v i ?0 ii 1i,3 :' II :: is "1��/ .� _ _ ii B�li' ii :. ate' w4 �d ��1-- nIa U igelliR:*F � ;ems:.,._- ze, ,., � -ill - kli , _- _ (4°§ • Sacred Daggers, LLC Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement City of VircrilaaB 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 Sacred Daggers LLC Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. Jackie Romano Smith Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? IP Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael A.Vasquez,President Jackie Romano Smith,COO • 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 ore 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 11.0.9.2020 1 Sacred Daggers, LLC Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement Chi Q V 9Itin Read, Planning&Community • Development -.1. 011101111F— 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 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?❑Yes II No • It 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. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes 111 No • If yes,identify the purchaser and purchaser's service providers. Rev;sed 11.119.7020 2 I r a Sacred Daggers, LLC Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement 1\ r r, Planning&C;onunun>ty ilevetiopment • b. 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? lir Yes ❑No • If yes,identify the company and individual providing the service We have not hired anyone at this point,but we wili be hiring a contractor for the build-out 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 10 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 ilk 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 co edlon with this application. Apphcant Sign •ure Print N ! and Title Date Is the applicant also the owner of the subject property? 0 Yes l 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 Not s nets as of Oate y/211� �- s"N ee 7 WV Print Name S itikV000 I Revised 11 09.202ii 3 ( P a g e Sacred Daggers, LLC Agenda Item 11 Page 12 Disclosure Statement Disclosure Statement Planning&Community s> Development Owner Disdosure Owner Name The Percy Lee Jones,Jr.Family Trust Applicant Name Sacred Daggers,LLC _ Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?f Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Trustee-J.Roger Griffin,Jr. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) None 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. 5I Sacred Daggers, LLC Agenda Item 11 Page 13 Disclosure Statement Disclosure Statement 1/13 carx of Virginia era Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■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 The owner has an accountant for general matters,but not one specifically reltaed to the application. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the firm 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 •No • if yes,identify the company and Individual providing the service. The applicant will be hiring a contractor any interrior build out of the space _ __ 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. Revised 11.09.Z020 6I Sacred Daggers, LLC Agenda Item 11 Page 14 Disclosure Statement Disclosure Statement Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • if yes,identify the firm and individual providing legal the service. Roger Griffin, Christie,Kantor,Griffin&Smith,P.C. 757-499-9222 Owner Signature I certify that all of the information contained in 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 ^iee in connection with this application. Z T%Z`' Owns Print Name and Tide i--3 za2Z.. — — Date 71pafye Revised 11.05.2O20 Sacred Daggers, LLC Agenda Item 11 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Sacred Daggers, LLC Agenda Item 11 Page 16 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 11 Sacred Daggers, LLC [Applicant] The Percy Lee Jones, Jr. Family Trust [Property Owner] Alternative Compliance Address: 1705 Mediterranean Avenue RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Thank you. Okay. Our next agenda item is agenda item number 11, Sacred Daggers, LLC. An application for Alternative Compliance at 1705 Mediterranean Avenue located in District 6, formerly the Beach District. Will the applicant or the applicant's representative please step to the podium? Chairman Wall: Can you please state your name for the record? Jackie Romano Smith: Jackie Romano Smith. Chairman Wall: Okay. Jackie Romano Smith: I guess I understood that it was okay, but some people had some questions. Chairman Wall: Speak up just a little bit. Jackie Romano Smith: I understand some people had some questions, so I guess that's why I'm here, to answer them. Chairman Wall: Okay. Just, could you describe a little bit about your proposal? Jackie Romano Smith: 1 We are a custom tattoo shop. We want to move into the vibe district so that we can be a part of that community with art. We are not a street shop or walk-in shop. People are booked out for months. So you can't just walk in. We are going to be part the studio and part an art gallery. Chairman Wall: Okay. Where's your... are you currently located someplace? Jackie Romano Smith: Yes. We're on Windsor Oaks and Holland Road. Chairman Wall: Okay. So you're already operating in the city? Jackie Romano Smith: Correct. We're not going to have two shops, though. We're going to move from that space. Chairman Wall: Okay. Okay. Any speakers? Madam Clerk: There are speakers. Madam Clerk: Mr. Chairman, we have two speakers. They were both in person. They both left. I think we have one online now. So I'm going to call virtually Danielle Good. Ms. Good, please pause two to three seconds while we unmute your audio feed, and then state your name and go right into your comments. Danielle Good: Can you hear me? You can hear me? Hello? Yes. My name is Danielle good, and I am a permanent makeup salon owner and school. I want to... it's a wonderful thing that the lady is going to be able to have a tattoo shop through alternative compliance. Congratulations, Jackie. I'm here because I would like you guys to also consider changing the planning department's ordinances. The permanent makeup industry has been very hurt in not being able to do their profession. Danielle Good: 2 They're very restricted. We find them working in their homes or without a Conditional Use Permit. They don't have a health department permit, and it's a danger to the community. We're very restricted on what we could do. We belong in the hair, the nails, the med spas, the medical clinics, and that's where we have been and always will be. I would like the Planning Department to consider possibly even separating permanent makeup and tattoo. Danielle Good: The Department of Occupational and Professional Regulation separates it. We have two different licenses, one for tattoo, and one for permanent makeup. They're very, very different in their curriculum and their hours of education, although I do understand that the state does state the definition of tattoo, like the city attorney said. With that understanding, we're very different. Danielle Good: That really is all I have to say. I'm just concerned about my permanent makeup community, because they're not able to work in their profession because of the restrictions upon tattoo parlors. It would be a wonderful thing if they could move on and have it as an accessory use or do an alternative compliance or have some sort of variance to be able to do these services where they belong in the beauty industry, not necessarily in a tattoo parlor, in a zoned tattoo parlor area. Danielle Good: Thank you very much. That's all I have to say. Chairman Wall: We appreciate your comments. This is specifically for Sacred Daggers' operation of a tattoo parlor in the Vibe District, though. So it's a very specific application. I don't think we'd have any questions in regards to her comments. So, can we go ahead to the next speaker? Madam Clerk: Our next speaker was Cynthia Schott. She left. Madam Clerk: No more speakers. Chairman Wall: Okay. Since we have no more speakers, I'm going to close it for comment and open it among the Planning Commissioners. Commissioner Oliver: 3 make a motion to accept this application. Robyn Klein: I second. Chairman Wall: Okay. So, we have a motion by Ms. Oliver a second by Ms. Klein. Do we have anyone abstaining? Okay. Madam Clerk: Okay. Vote is open. By recorded vote of nine in favor, zero against. Agenda item number 11 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 0 D ,VEc/) 0 CREATIVE ViBe District Virginia Beach 1/11/2021 Board Members Andrew Fine Planning & Community Development Laura Habr Zoning Administration Martha McClees 2875 Sabre Street, Suite 500 Jody Wagner Virginia Beach, VA 23452 Don Frederick Dr. Amelia Ross-Hammond Robin Brickell Anne Wright Dear City of Virginia Beach Zoning- Charles Powell On behalf of the ViBe Creative District board and Friends of the Derrick Borte Creative District business association boards, I am writing this letter of Walker Philips support for Sacred Daggers Tattoo, a creative business that is Lawrence Steingold interested in relocating into the district. Their business model and intent Greg Zittrain Cole Werkheiser to move into the district was shared in our board meetings which took Nadine Paniccia place in November and December 2021. Jeremy Maloney Recognizing the wide variety of art forms and creative business models Bill Gambrel) possible for arts districts nationwide, our Boards endorse and support Dee Oliver Nate Fine an artisan tattoo business as an asset to the growing arts district here in LG Shaw, FCD Virginia Beach. After extensive discussion with one of the business Lisa DeNoia, FCD owners, Ms. Jackie Romano, we understand their business to be Katerin Goold, FCD appointment only, custom artwork tattoos with a high-level focus on Kate Pittman, Executive Director original artwork. We support the efforts that this creative business makes to provide art therapy to patients with medical scars and military veterans. Friends of the Creative District Executive Board Members Additionally,we appreciate Ms. Jackie Romano's promise to actively engage in the arts district by providing community programming such President art exhibits featuring original artwork prints by her resident artists and LG Shaw, WRV visiting tattoo artists events to engage with our creative community Vice President Katerin Goold, TowneBank We appreciate your consideration of this creative business for our Virginia Beach arts district. Treasurer Mia Swan, Artist Sincerely, Secretary Judy Jessen, BoJu Art L �� Immediate Past President . Lisa DeNoia, 1701 Kate Pittman Executive Director ViBe Creative District PO Box 3601 Virginia Beach,VA 23454 757-202-9533 www.ViBeCreativeDistrict.org B2 / , A-I2 --,__ r'y ' i( j' ////- • \-._______------ -----._._..____ ti 2 _ ----Wesie ,,...._____ 12 Yantir ---- ----'-'- B2eve R10 J - B2i ______ R10 0 n /o A36 P1 PDH2) �� _ sit Al 2(A1 N r A Site w '�'� �: RVB3, LLC ,W Property Polygons 5453 Wesleyan Drive S Zoning Building Feet 0 25 50 100 150 200 250 300 f� Z t'' _ J �L•r r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RVB3, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning for the property located at 5453 Wesleyan Drive (GPIN 1468447741). COUNCIL DISTRICT 4, formerly Kempsville MEETING DATE: May 17, 2022 • Background: The applicant is requesting a Modification of Proffers to redevelop an outparcel in the Wesleyan Commons Shopping Center with a drive-through only restaurant. The former Sonic Drive-In property, located on a 25,204 square foot outparcel zoned Conditional B-2 Community Business, has proffers associated with it from a 1998 Conditional Rezoning initiated to accommodate development of the shopping center. The applicant is requesting to modify the proffers specific to this site related to the conceptual site layout and landscaping plan as well as the proffers related to permitted uses and architectural design. This modification will permit the Little Caesars restaurant to operate as a drive-through only establishment, as drive-through restaurants are not currently permitted per the existing proffer agreement. • Considerations: One of the major goals of the 1998 proffer agreement was to ensure that the Wesleyan Commons Shopping Center would be developed with compatible architecture throughout and would attract businesses and uses that are complementary to nearby neighborhoods. The modification proposed will not impact the initial intent of that agreement. The only significant change associated with this request will permit restaurants with drive-through facilities to be developed on this outparcel of the shopping center. The proposed renovation of the site will open the site visually with the removal of two large awnings, one in the parking lot and one located on the north elevation of the building. The new colors will better unite the existing building with other development in the shopping center, as well. The applicant will also be installing additional plants, which will soften and screen the new development. This property is located within the Suburban Focus Area as identified in the Comprehensive Plan. A major goal of the Suburban Focus Area is to develop and sustain "Great Neighborhoods," neighborhoods which are stable, diverse, and thriving. Complementary non-residential uses, such as restaurants, retail, and offices, help support the creation of "Great Neighborhoods." Restaurants with drive-through facilities are not incompatible with the goals set forth for development RVB3, LLC Page 2 of 2 in the Suburban Focus Area and are generally compatible to other businesses in shopping centers like the Wesleyan Commons Shopping Center. Staff does note that a senior living community and apartments are located behind the Wesleyan Shopping Center and are accessed by an easement through the shopping center. The location of the drive-through component of the restaurant will not interfere or divert traffic into the residential area; traffic will flow around the existing building and exit out onto Wesleyan Drive. 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 13, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner RVB3, LLC Agenda Item Planning Commission Public Hearing April 13, 2022 City Council District District 4,formerly Kempsville 9 ow,, Virginia Beach Request Modification of Proffers Staff Recommendation , f L a r Approval wpb,, ti,N,'''%„, A i f? Staff Planner �— "�� R �y t .J c Elizabeth Nowak � i ,. i s / F Location \, ""''^ i._ fIIIIIIIIN \if , (..) 5453 Wesleyan Drive G P I N �,y hc..R1 1468447741 Site Size -) 25,204 square feet AICUZ 6 a Less than 65 dB DNL - Watershed ? ✓yam ', A Chesapeake Bay Existing Land Use and Zoning District :- _w Retail commercial, multi-family dwelling/ B-2 ,� { Community Business . ,-' • it A ' µ r�. F x 1 Surrounding Land Uses and Zoning Districts 'f' : ., , 1. " ,#4'rf ' North �' ,._ .. = s',,' -:, , Shopping center/ B-2 Community Business, A- i a i / - 12 Apartment ' �, 'r� -. South _ �` we�� • ♦• . an Dr,ve Shopping center, senior housing/ B-2 Community Business, A-36 Apartment i "� '. East , 4. Y~ ,t s Multi-family dwelling / R-10 Residential i `� N. ,� _ ^�, • \ • - 'West Shopping center /B-2 Community Business 4!: . % A RVB3, LLC Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is requesting a Modification of Proffers to redevelop a former Sonic Drive-In restaurant building into a Little Caesars restaurant. The building is located on a 25,204square foot outparcel in the Wesleyan Commons Shopping Center.The property is zoned Conditional B-2 Community Business and has proffers associated with it from a 1998 Conditional Rezoning initiated to accommodate development of the shopping center. The applicant is requesting to modify the proffers related to the conceptual site layout and landscaping plan as they relate to 5453 Wesleyan Drive (identified in the proffer agreement as Parcel A-2), as well as those relating to permitted uses and architectural design of development on Parcel A-2,to allow the applicant to redevelop this site with a drive-through franchise restaurant. • The 1998 proffer agreement has 12 proffers that relate to the development of the shopping center. The current request will modify the following original proffers specifically as they relate to development of Parcel A-2. o Proffer 1: update to reflect a new site layout for Parcel A-2 o Proffer 2: update to depict a new landscape plan for Parcel A-2 o Proffer 4(b): revision to the list of proffered uses to include freestanding restaurants with drive-through facilities o Proffers 7 and 8: revision to the previously proffered architectural design of buildings associated with development on Parcel A-2 to now be in substantial conformance with exhibited elevations for the Little Caesars drive-through restaurant and to remove language that required a triangular roof feature on the principal structure on Parcel A(i.e.,the Food Lion building) • To facilitate use of the building for a new restaurant,the applicant will renovate both the interior and exterior of the existing one-story building on Parcel A-2 but will not expand the existing building footprint. Alterations will include installation of a drive-through window on the east elevation, updates to interior and exterior finishes, changes to the interior floorplan, new signage, limited demolition, and restriping and reorganization of the parking lot as depicted on the site layout plan, landscape plan, and elevations included in this report. An existing awning located parallel to an access drive from Wesleyan Drive will be removed and replaced with surface parking. An existing curved awning on the north elevation will also be removed. The building will be repainted, replacing the existing yellow with a warm beige that complements the colors of the Wesleyan Commons Shopping Center. Decorative orange wall accents and a bronze-colored cornice are also proposed as modifications to the exterior of the building. • The applicant proposes wall signage, directional signage for the drive-through, and an exterior menu board located on the west elevation of the building. An existing free-standing sign adjacent to Wesleyan Drive will be removed from the north side of the property. • Evergreen shrubs are proposed along the west parcel line to screen the parking lot from the access road from Wesleyan Drive and along the south building elevation to partially screen the drive-through lane. Existing street trees along Wesleyan Drive will remain in place. Details of the concept landscape plan can be seen on page eight of this report. A dumpster and dumpster enclosure will be installed in the southwest corner of the parcel.The enclosure will be screened with evergreen shrubs and a brick wall. • Per Section 203 (a)(30) of the Zoning Ordinance, 14 parking spaces are required for an eating establishment of this size.The applicant proposes 12 standard parking spaces and two ADA parking spaces. RVB3, LLC Agenda Item 9 Page 2 �yM`y Zoning History # Request 1 CUP(Automobile Service Station)Approved 04/24/1994 �j� 2 REZ(B-2 to Conditional A-12)Approved 06/27/1995 SVR 06/27/1995 �,�r 3 CRZ(R-10 to Conditional B-2)Approved 02/26/1999 �f/� 1 3 "I/ 4 CRZ(B-2 to A-36)Approved 02/28/2006 i� CUP(Senior Housing)Approved 02/28/2006 CRZ(R-10 to Conditional B-2)Approved 02/26/1999 CUP(Assisted Living Facility)Approved 01/26/1999 5 CUP(Senior Housing)Approved 02/28/2006 4 5 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Modification of Proffers is acceptable. One of the major goals of the 1998 proffers was to ensure that the Wesleyan Commons Shopping Center would be developed with compatible architecture and would attract businesses and uses that are complementary to nearby neighborhoods.The proposed modification of proffers and development plans continue to ensure compatible architectural design features throughout the shopping center.The only significant change associated with this request will permit restaurants with drive-through facilities to be developed on this outparcel of the shopping center. The proposed renovation and reutilization of the currently vacant site will open the site visually with the removal of two large awnings, one in the parking lot and one located on the north elevation of the building.The new colors will better unite the existing building with other development in the shopping center, as well.The applicant will also be installing new and additional plants,which will soften and screen the new development. This property is located within the Suburban Focus Area as identified in the Comprehensive Plan. A major goal of the Suburban Focus Area is to develop and sustain "Great Neighborhoods," neighborhoods which are stable, diverse, and thriving. Complementary non-residential uses, such as restaurants, retail, and offices, help support the creation of "Great Neighborhoods." Restaurants with drive-through facilities are not incompatible with the goals set forth for development in the Suburban Focus Area and are generally compatible to other businesses in shopping centers like the Wesleyan Commons Shopping Center. Additionally, restaurants with drive-through facilities are usually a by-right, permitted use in the B-2 Community Business zoning class. Staff does note that a senior living community and apartments are located behind the Wesleyan Shopping Center and are accessed by an easement through the shopping center.The location of the drive-through component of the restaurant will not interfere or divert traffic into the residential area;traffic will flow around the existing building and back out onto Wesleyan Drive. As the drive-through window will be located on the east building elevation, vehicular stacking in the drive-through lane will be perpendicular to Wesleyan Drive and will be screened by the building. A traffic analysis undertaken by Traffic Engineering Staff demonstrates that a 1,400 square-foot fast food restaurant with a drive-through facility would generate 657 average daily trips; a 1,400 square-foot fast food restaurant without a drive- through facility would only generate 483 average daily trips. Though the addition of a drive-through facility would add RVB3, LLC Agenda Item 9 Page 3 an estimated 174 average daily trips to this site, Staff believes that this will not have a detrimental impact on traffic in the vicinity. The existing traffic volume of Wesleyan Drive is well below the street's present capacity. For these reasons, Staff recommends approval of this requested modification of proffers 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: The property shall be developed substantially in accordance with that certain site plan entitled "Proposed Drive-Thru Exhibit" dated March 10, 2022, prepared by Hayden Frye Associates, Inc., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). Proffer 2: Landscaping shall be installed on the Property substantially as shown on that certain exhibit entitled "Landscape Plan" dated March 7, 2022, prepared by William D. Almond, WPL, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Landscape Plan"). Proffer 3: The uses permitted on the Property shall be restricted to medical/office, office,financial institutions, and freestanding restaurants with or without drive-through facilities, and retail. Proffer 4: The principal structure located on the Property shall be constructed primarily of brick with architectural masonry complements in a color that matches the color of the exterior brick materials used in the construction of the primary structure on Parcel A. Proffer 5: The roofs and architectural design of the principal structure located on the Property shall be constructed in conformity with the elevations prepared by Little Caesar Enterprises, Inc. dated February 24, 2022, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Elevations"). The visible exterior roof materials of the principal structure on these three parcels shall be either shingles or the same materials used in the principal structure on Parcel A and such roof materials shall be color coordinated with the other roof materials used on the property. Any exterior mechanical equipment located on the roof of the buildings on the property shall be screened by the roof treatment or parapet walls from view from the public right of way to or nearest to each parcel. Proffer 6: The primary structures located on the Property shall be located as close to the building setback line on Wesleyan Drive taking into account the necessary design features to serve these parcels. In addition,the area directly between the northernmost elevation of the principal structure on such parcel and Wesleyan Drive shall be restricted such that no parking spaces may be constructed or maintained within such area. RVB3, LLC Agenda Item 9 Page 4 Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The subject property is located within the Suburban Focus Area as defined in the Comprehensive Plan. One of the guiding development principles of the Suburban Area is the creation and maintenance of"Great Neighborhoods," which are stable and sustainable, and supported by complementary non-residential uses. Enhancement of existing commercial centers is encouraged by the Comprehensive Plan through means of innovative products, services, and design provided to the neighborhoods in which they are located. Preserving neighborhood quality and characteristics requires non- residential uses to maintain or enhance the existing characteristics of surrounding residential areas. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural resources associated with this site as it is fully developed with a vacant restaurant building and parking lot within a shopping center. This project will affect no cultural or historical resources. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive 19,070 ADT1 32,700 ADT 1(LOS 4"D") Existing Land Use 2—483 ADT Proposed Land Use 3-657 ADT 1 Average Daily Trips 2 as defined by a 1,400 sf eating 3 as defined by a 1,400 sf eating 4 LOS=Level of Service and drinking establishment and drinking establishment with a without a drive-through drive-through Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Wesleyan Drive in the vicinity of this application is considered a four-lane divided minor urban arterial. No Capital Improvement Projects are slated for this area. Detail comments will be provided by Traffic Engineering Staff at the site plan submittal stage. Public Utility Impacts Water The site is currently connected to City water. Sewer The site is already connected to City 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 14, 2022. RVB3, LLC Agenda Item 9 Page 5 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 20, 2022 and March 27, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022 • 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 13, 2022. RVB3, LLC Agenda Item 9 Page 6 Existing Site Layout sv -_— —_-___ WESLEYAN DR. AsPhal cB SAW— - __=__=_=-_-- -__ _---- M/H Hand'wleL_ r.:wdk *S74'45'28'E -- D.H.F^7 3o"car on�_de ;_ �, () 'r``, 14256 f� tiny .-��Ay NV I� if + F A O t``� '•1 Pdb C = ---. 1 Hditho% 1~ -t=f r"\ Tir I j _��•-.sue 430 Oak ._,..„,..,/030.4 \ I 1 •1 PARCEL - -', _ FYI I O1a�/ I C " U NOW OR FORMER _ I PARCEL 'A-2B w Olk- a :�I r; ti u, 78' Z aa kk 3 75' 7.6' �3 /5453 1-Sty-Frame/Brick J Buidi�g ce M�Q POM°!S a b O W oa i Zj � spigot '. E.M.` I Amp 1 I ;I . PLOT t S BED II Iffj --201lople� 7t1 e �� I• 2074/go%! Apran i'Exir 3or f ° SSMix2 Enter 0'I Canc _ / 122 56' man 1\ C,• C&v 1614'45'28'W irginia ND SURVEYORS-CIVIL ENGINEERS RVB3, LLC Agenda Item 9 Page 7 Proposed Landscape Plan WESLEYAN DR. -=ter _i _--_----- -7 - _ _ --___ _-- -______ ... •_1 7 S74'45'28'E D.H.(F)l'( ( °r- `er E 142.56' Q �� II -ncr Imo.`' -.A Fl OJO' '-`" -L3C ! 030 Ook ARCEL A— (i P r— I ._ ....... .... �LAN INC U YI ' j -EDGE 000s000ee ' 20O� u a .. 7 y 11 2 1 3 F // I NOW OR FOI ,' PARCEL it p btkil CT, • 4 F concrete i 5 4 b / 7.5' 6� Z \ /5i53 1-Sty 0° CGnG J \ Budding cc Q 8 o b :0) b o J L.`U oa j 9 3 a - o Z 1 10 4 11 22,9' civ 4 12 ' . c * * _/01i..: I y\ 2 e r O 2DN I r L=31.42' • 4'45128'V R=20.00' PLANTING PLAN LITTLE CAESARS iklip 5453Wesleyan Drive,Virginia Beach,Virginia WPL I WLANDSCAPE ARCHITECTS LAND SURVEYORS-CIVIL ENGINEERS +rv�r,t�sa rrc ree+n,ran�as'a.w.•a er..roar+e orvroacwca+acrvrwRreurGda ca�t✓;.nVa�+wra+c wrsvrr�vnc+ocven.rre:�oa►�w is.w ansew.�. �or ee�+w,xx�cx+,ec�a.cnvi.r�..rov xw we�tirurswi nc.s+ax�n.ca RVB3, LLC Agenda Item 9 Page 8 Proposed Elevation Plan a a al NO.a��a�k'w41 !(jam_ - : Jhp,ii i _.._ Y !imill1111111.0u1,sesmdiewa EusauSainq :11 !lilt ,_. .„:; ,,,,sil ii of ,,,az:;:,.t.......+: 1,...r._.:.,airm,I yy1 ...0 4w,.nwdd.iV.'•Y.oW��v�wPW1 i.�•Wq..b.•aOM a.•4••..4��1I u... •a1r,••°4 ,s•o,Iei.a��al ae,aae� 7.:. .0 v...�• pa.n• 'w,w..awl t.�a=11 7.eow ao.ued v'••a•..r+�va•�wwi�a..•w nuoa ®t . i ill hs i'4 ' ' .31 %.c 14 ,il° i;, Pt f ' Ili ..1 — - i / 7 . Li ......._ , , _ . tl I it I r # U 1 " i 11 IP '-' Ul 1 1 1":i L „ 4 i!, , oi,. . . , . it i,,, . 1 ;1 ! do ! 1,/ i ,, , ,_,_ _ :‘, : f3¢ E; zkA . s� M 1 1.'4 444 R dT' Y 111 - . `F # 4__ it - I 44 `#` , . F 6 Viki L'IlE- 6 '; l t ! i _ w 1 illl W ip i 1 j / Ill f ! != : f [ f 3 a a 3i I>► 11111 I . Li. I i �a Li E •x s` 1;1 �ill! i ±ii ' ± . �4 ; �4,4} 4 9 t ., €tFc y, e c S P_� i r�Its 1 ‹) ;Ftr 1101 1 I Ia-t, ill i g __, f 3..P ' it - id i .o 1/i iiri ig !i „1.1;1 k _. , a „ i.3„.. .... : ., I 5, ,44 q t. f =Y �_ 1,, y f 3 i, ,,i.,1_,..„, ,.„ 3-'- ill— Ti ft r WWI ir$,i.ii.Pi...,-,:tg - a, 2 — RVB3, LLC Agenda Item 9 Page 9 Site Photos * :A ,.. '„,t' J t r / J'. fry: i ,r. . a •mot.)11„4, . . �.ay-•. Yv i r‘,-...S�; iti -1 .:'‘..:. �� . 'f1 gi i'r :—-`il _=.. i -7` V !`�Viir, - �' .4 ,:.. •r Ais _„4,4, 44., 11,4„.,.,_:),,,,,,,;,,, , sr, t.., s i.•, • --'"- .‘444,111i- '''....,'",...,...... . -' . " - ' .:,.)..‘_ , ,,,t.i.:':./.:'$•I:::':. ..-.4.. - -- Prillill j } — 9 11 •� 1 ► 1 -- .-i • - - - - _ • - 1� s . • , 3M r .- � `sky ..i° <- •_ t �'�ys .�sS�•� � �- ir ----- -- -----•-,.. -K:,,,,,62.1,--;it'_±,-?-,t•t-_--gvi,".--‘47-_-,.-11,14 --• ,� Z.d.� RVB3, LLC Agenda Item 9 Page 10 Site Photos �r zteart_i: r. emf:.• s." •. .t:. 4 No.t . , , __.__T-,_______I ....„.1.. _I.,,_-- ,1 _______A .-_-_.f-- - y ._. _ - • --- • Ilte:TAM _ !...ma i r ' . - - .. -__•,_...s.-,,,,,..-_,,,,- ,..,444viet l t It , I1 .. j .-_ -- _.... - i .... ,__ b ,,,_.: _ _ _ __ __ __ _____ . T . _ ..„ i , ..._.,,.. . ...,:,__ _,_ _.,, _.,z,, _ _.=,--4'Ill ft-zr, _0'mei"---4 x .4 :.:41*- -- ---:- --, Wil ,-, , -,k. �.�w _ .ter - �a - •t..- .. • IC •••••••.,.. 1 io -.. 3s d.. y f, i ',. ' ., .c 11TA, I 1 G l . RVB3, LLC Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement NiB City nJ t i,yi,na tieuch 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 RVB3,LLC Does the applicant have a representative? ®Yes ❑ No • If yes,list the name of the representative. Poole Brooke Plumlee PC,Todd D.Rothlisberger,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Vivian M Berscak-member,Ronald V Berscak member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) VRB Enterprises LLC(Little Caesars franchise) ="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 RVB3, LLC Agenda Item 9 Page 12 Disclosure Statement Disclosure Statement \13 City of 1'ityiniu Sabah Planning&Community Development doom— 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 El No • If yes,identify the financial institutions providing the service. Towne Bank,Virginia 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CI 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?t Yes ❑ No • If yes,identify the firm and individual providing the service. Johnson Mizelle Strub&Murphy Accounting,Kitty Hawk NC 252-261-2333 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. 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. Revised 11 09 2020 2 RVB3, LLC Agenda Item 9 Page 13 Disclosure Statement -�:::^f�-:<^Y''-_ - .v: '}:%�y:�::a��;:Vic:.: '�:. ._�. ,5 _- __it. y:►n-:' - :.5` 'c: it% _•..'{:,, ;s- 1 :i'; _ _ :aj*:r,3-`*-7,t_;,%••:J�=•:..'�T�"2,;•��5�r-.;^,�irt�,A�•:.';ffi`I�;jy *` _ .p„r.-'. -'.t•�>•• �r� . .,fir' -` '�iw`�'rs '{. -�d7• -�ii,,�,� w,: �'i;: �''-'.',e„'>'4-i.,+:"'Y't y f��{--%. trf,.�1:< gi �� •c' t,A >4rc :< '= •j"Y.•;;1;tc4+'_�,�• '' r�'> '' '� ' S.:r;.t-•. .. ,._ .''.�.•�.• 33p'�,.�: >:�;`' :Y` .S}s'„'�1:rrh=• �.w'rr. .3^ .�• b �•y�S-.2 .,�.gr,-• se F..i;.' ry -;;.s•': .K �. •:'��••=:r.%r`��'�{`S a.'�T ir4zX,Y r n x.t•� �•r.� _t 't''�s'`' ';+5%•.' '� y.+ � .,,4.. �a'� •'.' y� �r��¢,•:5 =. u�rf y� t"C � e��ryr�� [�iilf`�' • '• 7:- . 1 • Y -"'1.a•�...• r - 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?Ill Yes ❑ No • If yes,identify the company and individual providing the service. Gelardi Enterprises LLC,Virginia Beach,John Gelardi 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. Hayden Frye&Assoc.,Virginia Beach,Hayden R Frye B. 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. Poole Brooke Plumiee PC,Todd D.Rothlisberger,Esq. Applicant Signature 1 certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate t 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. Q _17 Applicant Signature Ronald V Berscak-Member Print Name and Title /z? / tz 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. Foft CITY u5E_ONLY/Al(.disclosures must be updated two.(2)weeks prior to any Planning Commission and City Council meeting that.pertait to•the appfi:atipris. ® No changes as of Date 5/3/2022 Signature r a'i7 r, PrintName I EIi'beth Nowak rievrc fi11i1. c:?f' 3I l'a$e RVB3, LLC Agenda Item 9 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. RVB3, LLC Agenda Item 9 Page 15 PROFFER AGREEMENT THIS AGREEMENT, made as of the 17th day of May, 2022 by and between RVB3, LLC, a Virginia limited liability company, owner of the Property (hereinafter referred to as "Grantor"): and the CITY OF VIRGINIA BEACH, a municipal corporation of the commonwealth of Virginia(hereinafter referred to as"Grantee"). WITNESSETH: WHEREAS,the Grantor has requested a Modification of the Proffer Agreement between Armada Hoffler Holding Company, John G. Williams and Mary Moore Williams and the City of Virginia Beach dated August 31, 1998 (the"Proffer Agreement"),insofar as it relates to Parcel A- 2A as shown on the Subdivision Plat of Parcel "A-2" Subdivision Plat of Wesleyan Commons, and more particularly described in the attached Exhibit A (the "Property"); and WHEREAS, as part of the conditional amendment to the Zoning Map, the Proffer Agreement provided for certain restrictions in the use of the Property; and WHEREAS, Grantor desires that certain of said conditions having been proffered be amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record Owner of the subject Property at the time of recordation of such instrument provided, further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia Section; 15.2-2204,which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantor,for themselves,their successors,assigns,grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the property,and hereby covenant and agree that these proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. The property shall be developed substantially in accordance with that certain site plan entitled "Proposed Drive-Thru Exhibit" dated March 10, 2022, prepared by Hayden Frye Associates, Inc., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach(the"Site Plan"). Prepared by: Todd D. Rothlisberger Poole Brooke Plumlee PC 4705 Columbus St.,Suite 100 Virginia Beach,Virginia 23462 GPIN: 14684477410000 2. Landscaping shall be installed on the Property substantially as shown on that certain exhibit entitled "Landscape Plan" dated March 7, 2022, prepared by William D. Almond, WPL, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Landscape Plan"). 3. The uses permitted on the Property shall be restricted to medical/office,office,financial institutions, and freestanding restaurants with or without drive-through facilities, and retail. 4. The principal structure located on the Property shall be constructed primarily of brick with architectural masonry complements in a color that matches the color of the exterior brick materials used in the construction of the primary structure on Parcel A. 5. The roofs and architectural design of the principal structure located on the Property shall be constructed in conformity with the elevations prepared by Little Caesar Enterprises, Inc. dated February 24, 2022, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach(the "Elevations"). The visible exterior roof materials of the principal structure on these three parcels shall be either shingles or the same materials used in the principal structure on Parcel A and such roof materials shall be color coordinated with the other roof materials used on the property. Any exterior mechanical equipment located on the roof of the buildings on the property shall be screened by the roof treatment or parapet walls from view from the public right of way to or nearest to each parcel. 6. The primary structures located on the Property shall be located as close to the building setback line on Wesleyan Drive taking into account the necessary design features to serve these parcels. In addition, the area directly between the northernmost elevation of the principal structure on such parcel and Wesleyan Drive shall be restricted such that no parking spaces may be constructed or maintained within such area. Further conditions may be required by the Grantor 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. Except as stated herein, all other stipulations of the Proffer Agreement shall remain unaffected as to Grantor and the Property. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of this date this Agreement is approved by the Grantee. The Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings: (2) the failure to meet all conditions shall constitute cause to delay the issuance of any required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by appropriate symbol on the map existence of condition attaching to the zoning of the subject Property on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. SIGNATURES BEGIN ON THE FOLLOWING PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK WITNESS THE FOLLOWING SIGNATURE AND SEAL. RVB3, LLC, a Virginia limited liability company By: gi„..v44.4,, .(SEAL) Ronald V. Berscak, Jr. anager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 50 day of March, 2022 by Ronald V. Berscak, Jr. as Manager of RVB3, LL irginia limited . bi y company. otary Pub is My commission expires: iaL \a,c_A MARILYN A SAVAGE NOTARY PUBLIC DARE COUNTY STATE OF NORTH CAROLINA Legal Description ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia,with the improvements thereon and appurtenances thereunto belonging, known and numbered as "Parcel A-2A" as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCEL A-2,SUBDIVISION PLAT OF WESLEYAN COMMONS, VIRGINIA BEACH, VIRGINIA (M.B. 280, PG. 75-77)", prepared by Precision Measurements, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20070510000638170. TOGETHER WITH rights as contained in the Easement and Development Agreement dated November 20, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2872, at page 1982. TOGETHER WITH AND SUBJECT TO the burdens and benefits as created by that certain Declaration of Easements and Restrictions dated September 21, 1999, recorded in the aforesaid Clerk's Office in Deed Book 4152, page 1918, as amended by that certain Amended and Restated Declaration of Easements and Restrictions dated November 9, 2000 and recorded in the aforesaid Clerk's Office in Deed Book 4332, at page 407. It being a part of the same property conveyed to RVB3, LLC, a Virginia limited liability company by deed from SRI Real Estate Properties LLC, a Delaware limited liability company, dated December 20, 2021 and duly recorded January 5, 2022 in the aforesaid Clerk's Office as Instrument Number 202203000721. Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 9 RVB3, LLC [Applicant & Property Owner] Modification of Proffers Address: 5453 Wesleyan Drive RECOMMENDED FOR APPROVAL— CONSENT Chairman Wall: Okay, thank you. The next order of business is the consent agenda. And I'm going to turn that over to Vice Chair Alcaraz to run that portion of the meeting. Vice Chair Alcaraz: Thank you, Mr. Chair. Today, we have seven items on the consent agenda. These applications that are recommended for approval by Staff and the Planning Commission concurred that there are... And if there's no speakers in opposition, that we will be putting them on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number nine, Modification of Proffers at 5453 Wesleyan Drive for RVB3, LLC. Is their representative today here to speak with the item? Come forward and state your name, please. Todd Roethlisberger: Hi, good afternoon. Todd Roethlisberger, attorney with Poole Brooke Plumlee on behalf of RVB3, the applicant. Good afternoon, Mr. Chairman and members of the Commission, appreciate being on the consent agenda. We do agree to the terms set forth and appreciate Ms. Nowak's assistance with this application as well. Vice Chair Alcaraz: Great. Appreciate that. Todd Roethlisberger: Thank you. Thank you. Vice Chair Alcaraz: 1 Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Weiner to please read this for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Modification of Proffers. The applicant is requesting a Modification of Proffers to redevelop a former Sonic drive-in restaurant building into a Little Caesars restaurant. The building is located on a 25,204 square foot out parcel in Wesleyan Common Shopping Center. We recommend approval of the Modifications of Proffers and place this on the consent agenda. Vice Chair Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places following applications on the consent agenda: items number three, four, five, six, nine, 12, and 15. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent of agenda items three, four, five, six, nine, 12, and 15? Commissioner Weiner: Second. Chairman Wall: Okay. All right. I guess he's already said you made a motion. Okay, thank you. Okay. So, hearing seconds. Are there any Planning Commissioners besides Mr. Frankenfield that are abstaining on any of the agenda items that are on the consent agenda? Okay. The motion for approval is by Mr. Alcaraz, and the second is by Mr. Weiner. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor, zero against, agenda items three, four, five, six, nine, and 15 have been recommended for approval. Agenda item number 12 by recorded vote of eight in favor, zero against, with one abstention by Commissioner Frankenfield, agenda item number 12 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE 2 Bradley AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley 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: The property shall be developed substantially in accordance with that certain site plan entitled "Proposed Drive-Thru Exhibit" dated March 10, 2022, prepared by Hayden Frye Associates, Inc., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). Proffer 2: Landscaping shall be installed on the Property substantially as shown on that certain exhibit entitled "Landscape Plan" dated March 7, 2022, prepared by William D. Almond, WPL, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Landscape Plan"). Proffer 3: The uses permitted on the Property shall be restricted to medical/office, office, financial institutions, and freestanding restaurants with or without drive-through facilities, and retail. Proffer 4: The principal structure located on the Property shall be constructed primarily of brick with architectural masonry complements in a color that matches the color of the exterior brick materials used in the construction of the primary structure on Parcel A. Proffer 5: The roofs and architectural design of the principal structure located on the Property shall be constructed in conformity with the elevations prepared by Little Caesar Enterprises, Inc. dated 3 February 24, 2022, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Elevations"). The visible exterior roof materials of the principal structure on these three parcels shall be either shingles or the same materials used in the principal structure on Parcel A and such roof materials shall be color coordinated with the other roof materials used on the property. Any exterior mechanical equipment located on the roof of the buildings on the property shall be screened by the roof treatment or parapet walls from view from the public right of way to or nearest to each parcel. Proffer 6: The primary structures located on the Property shall be located as close to the building setback line on Wesleyan Drive taking into account the necessary design features to serve these parcels. In addition, the area directly between the northernmost elevation of the principal structure on such parcel and Wesleyan Drive shall be restricted such that no parking spaces may be constructed or maintained within such area. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 4 \ \Z Z \ \ iN/ \\\) z �'%� ,,, Rio �� co \ 3 / o O o •�I CIO o 0 CD 4 o S'J cfl o O co O o 0 0 ni d / H 49 ,--' \ tim. \\N___viap If • 0 ; 0 # $(‘ -- — ( C 1 cd \ 40 _ .N 2 cp \ ,‘ , Tr > Z Z Zv 0\ , o E 16 0 0 ._ \\ / \ \ 't cm c \ , . oy.,,,,_ (n CL N CO c M i\ cZ.„).1 i��" .w•vy-� CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: BAKING IT CAKING IT, LLC [Applicant] BRIANA SMALL [Property Owner] Conditional Use Permit (Home Occupation) for the property located at 4500 Hollingsworth Lane (GPIN 1474263651). COUNCIL DISTRICT 2, formerly Centerville MEETING DATE: May 17, 2022 • Background: The applicant will be the sole operator of a home-based commercial kitchen, specifically a bakery. As the attached garage of the existing single-family dwelling in the Glenwood neighborhood is proposed to be retrofit as a bakery, a Conditional Use Permit for a Home Occupation is required. It is the applicant's desire to prepare baked goods and deliver them to customers at off-site locations. • Considerations: It is anticipated that no customers will be coming to the site to purchase products, as all products will be sold and delivered to customers off site. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 475 square feet, thus the 462 square foot kitchen will be below the maximum allowed. No exterior changes or new signage are proposed. 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 13, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. In accordance with Section 234(c) of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than Baking It Caking It, LLC Page 2 of 2 would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no retail sales of any products or merchandise to the general public from the site. 4. The commercial kitchen equipment shall be removed if the home occupation ceases. 5. The garage shall not be converted into a dwelling unit unless permitted by the Zoning Ordinance. • 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 Baking It Caking It, LLC Agenda Item Property Owner Briana Small Planning Commission Public Hearing April 13, 2022 6 City of City Council District District 2,formerly Centerville Virginia Beach Request Conditional Use Permit (Home Occupation- Commercial Kitchen) 4.....k, — -- 4) ......) k Staff Recommendation \,i4p o,0ri Approval I, Staff Planner pP/ ��,e \. Michaela McKinney °� r�e�°od Location 4500 Hollingsworth Lane ,, GPIN i) 14742 63 651 - �,�`', !" ��oaa �`�. Site Size id �i" 9,873 square feet h3 AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District VI- •• -‘0,-44i,--1-::,- v - \ r d Single-family dwelling/ R-10 Residential '�4 % es '_ `- • i1 W �( d 4� Surrounding Land Uses and Zoning Districtsf North ~ `'< Single-family dwelling/R-10 Residential 0491 dik;-4., ' ' ;, %; }e South Ow'. . , Single-family dwellings/ R-10 Residential f- +� s \eo04ex; 4 `.,a:, East P�`r F3 Undeveloped lot \ '% West ,, '� Hollingsworth Lane \., \\ . • Single-family dwelling/ R-10 Residential - - • r 1 .. / \ •. r o Baking It Caking It, LLC Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a commercial kitchen in the 460 square foot, attached garage of their single-family dwelling in the Glenwood neighborhood. • It is the applicant's desire to prepare baked goods and deliver them to customers at off-site locations.The commercial kitchen will include a double basin sink, a commercial convection oven, a freezer, and a refrigerator. • It is anticipated that no customers will be coming to the site to purchase products, as all products will be sold and delivered to customers off site. • No exterior changes or new signage are proposed. • The applicant will be the sole operator of the kitchen. No other employees are proposed for this in-home business. ‘ 0 ,zv ,,\,) . . 4 Zoning History ris # Request ,eo N0 1 LUP(Glenwood)Approved 07/08/1984 a ,7c: 0 . ) )'e4 :7: \ .'''V7'./V 7/ Y \ r--1----M, Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant's request for a Conditional Use Permit for a Home Occupation for a commercial kitchen in her attached garage is acceptable. This proposed use is located within the suburban area of the city and is an appropriate non- residential use for this area. Existing neighborhood characteristics will remain as this proposed use will not disrupt surrounding neighbors or existing structures. All activities will occur indoors and no visitors to the site are anticipated. Based in this,the operation will be unnoticeable by pedestrians and immediate neighbors. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 475 square feet, thus the 462 square foot kitchen will be below the maximum allowed. No on-site sales will occur at the residence, as the applicant intends to solely use the commercial kitchen to prepare baked goods and deliver them to customers at off-site locations. Baking It Caking It, LLC Agenda Item 8 Page 2 In Staff opinion, this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. Based on the considerations above, Staff finds the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance. Recommended Conditions 1. In accordance with Section 234(c) of the City Zoning Ordinance,there shall be no more than one (1) sign identifying the Home Occupation. Said sign shall be no more than one (1)square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. In accordance with Section 234 (d) of the City Zoning Ordinance,the use shall not create noise, dust,vibration, smell, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no retail sales of any products or merchandise to the general public from the site. 4. The commercial kitchen equipment shall be removed if the home occupation ceases. 5. The garage shall not be converted into a dwelling unit unless permitted by the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the Suburban Area of the city. One of the guiding development principles of the Suburban Area is the creation and maintenance of"great neighborhoods," which are stable and sustainable, and supported by complementary non-residential uses. Preserving neighborhood quality and characteristics requires non- residential uses to maintain or enhance the existing characteristics of surrounding residential areas. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Baking It Caking It, LLC Agenda Item 8 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Hollingsworth Ln No Data Available Proposed Land Use 3—10 ADT 1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family 4 LOS=Level of Service dwelling dwelling with a home occupation- commercial kitchen Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Hollingsworth Lane in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway Capital Improvement Program projects are slated for this area. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022 and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of traps:j/www.vbgov.comjgovernment/departments/city-clerk/city-council/Docun-gents/bookmarkedAgenda.pdf on May 13, 2022. Baking It Caking It, LLC Agenda Item 8 Page 4 Site Layout Proposed Use Existing Dwelling Large Tree r' Existing Privacy Fence \ • 000 Shrubs ` •0 to r � 0 • / P r • • • r r' \ r \ r Proposed Home Occupation within 462 square feet garage Baking It Caking It, LLC Agenda Item 8 Page 5 Proposed Floor Plan 10 CC. 1-1/2 s Fr 10 '_oric Slab 1357 `_' 44 5 18 / R r i ' A n 13 a F iDG CI Work._h,.. sa 1-22 (.6g 1 r i, 1 0 ,, Work Bench 0 4 r, 21 4500 HOLLINGSWORTH LN Baking It Caking It, LLC Agenda Item 8 Page 6 Site Photos .31.:,4.4....6.4&-Avti... , _., Iti,..;;,t,:e,,, -. It*NZ.,,,blre 44 4,11 ' - ':, ,,' \ ' te...,, .';,....1.fiv_44-rt,..,....,. i iy.w„„.. .. " . ., ,,-*. -.•••:,,, . "... ,., , --- - Ai 1 _.r ''',,,t,f.''.*A',.--'-lit.terylk 1 '46-s.-,‘?-1 '.‘Wi.-fliff If'fr.-...'1 -4,`,,,if _%,4•,..:'•. •;.:11 4' '-% '' • .,..,_ aloto r • .4k" -4--057- _..,-=-•_:\p- r• -_ -__ ., _ — ,C a l : -_..,:l� e .....„ — —_ 1 • is • . _, ..t. ,` - t. .. 4,:., ... . ., ...N.,,A ..„•-z- • ^��,��}!'.T ��' •�-i . `. „Lore 7 ,�; i ,e ,A to j/ 14IV_/ �lj) �,� :aa�� "��•, l'� � 3.,�4'f�.' i . � �A•. -r��%till, -ti11.3� � \1 {'fr�lig4 �`'�'?Y .� �"�•. ,.-,,'r / � ,;;�L .�,13 f'�ic-f „, 4,�.44S, Ii t d r= r_a it o r i ., gat ts- - Baking It Caking It, LLC Agenda Item 8 Page 7 Disclosure Statement Disclosure Statement ary of Virginia Bead, Planning&Community - . Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Baking It Caking It LLC Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Briana Small • 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. Revised 11.09.2020 1 Baking It Caking It, LLC Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement \p3 City of Virginia Batch Planning&Community 111101 - Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑ No • If yes,identify the financial institutions providing the service. PNC bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the 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. K&M Winslow,Sue Bruske 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?0 Yes I• No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Baking It Caking It, LLC Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement N/13 oh 'Iwo,try Planning&Community - Deve]opment Goes the app scant have a construction contractor in connection v itn 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 app ication or any business operating or to be operated on the property?El Yes Ai No • if yes,identify the firm and individual providing the service. is the app scant receiving legal services in connection with The subject of the application or any business operating or to be ope-ateo on the property?❑Yes IINo • if yes,identify the firm and individual providing the service Applicant Siznature certify that a;i of the information contained n this Disclosure Statement Form is complete,true,and accurate. i understand that. upon receipt of notification that the alp scat on has seen scheduled for public hearing,I am responsible fo•updat ng 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. -6/fr-.>"ff3C./1404 - App scant Signature Eti.E.-; C.F.-; I- LLC:-Briana Small,Member Pr nt Name and Tit a ' -- Date is the apol cant a so the owner of tie subject property? Yes El No • ,f yes, ,ou do no:need to fi l out the owner discosu-e statement. FOR CITY LISE°NLY/All disclosures must be updated two(2f weeks poor to any Planning Commission and City Council meeting that pertains to the applications No cnan0es as of Date „N 21 iJr.L 22 s r:t ire ,- �� J i�: Print Name ri cnaela D.ti+cionn ey Revised 11 09 2020 3 = - Baking It Caking It, LLC Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement City of Virginia Bead, Planning&Community Development Owner Disclosure Owner Name Briana Small Applicant Name Baking It Caking It LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Briana Small owner and sole member. Incfile registered agent. • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Incfile registered agent. 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 II 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 11.09.2020 Wage Baking It Caking It, LLC Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement Ifi3 City cJ Virginia Bann 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. Kathryn Garris with PNC.Future finacing 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 0 No • If yes,identify the firm and individual providing the service. K&M Winslow-Sue 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 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 I• No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I• No • If yes,identify the 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 I• No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Baking It Caking It, LLC Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement City of Virginia Retch Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. //0I Owner Signature Briana Small Print Name and Title 03/11/2022 Date Revised 11.09.2020 7 I : a Baking It Caking It, LLC Agenda Item 8 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. Baking It Caking It, LLC Agenda Item 8 Page 14 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item #6 Baking It Caking It, LLC [Applicant] Briana Small [Property Owner] Conditional Use Permit (Home Occupation) Address: 4500 Hollingsworth Lane RECOMMENDED FOR APPROVAL —CONSENT Vice Chair Alcaraz: Thank you. Agenda item number six for a Conditional Use Permit for home occupation located at 4500 Hollingsworth Lane, applicant Baking It, Caking It LLC. Is the applicant here? Please come forward. Hi, can you state your name for the record? Brianna Small: Brianna Small. Vice Chair Alcaraz: Thank you. You accepted the conditions? Brianna Small: Yes. Vice Chair Alcaraz: Thank you. Brianna Small: Thank you. Vice Chair Alcaraz: You can be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have Commissioner Klein to read this item for the record. Commissioner Klein: The applicant is requesting a Conditional Use Permit for a home occupation to operate a commercial kitchen in the 460 square foot attached to garage of their single family dwelling in the Glenwood neighborhood. It is the applicant's desire to prepare baked goods and deliver 1 them to customers at offsite locations. The applicant will be the sole operator of the kitchen. No other employees are proposed for this in-home business. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Agenda item number nine, Modification of Proffers at 5453 Wesleyan Drive for RVB3, LLC. Is their representative today here to speak with the item? Come forward and state your name, please. Todd Roethlisberger: Hi, good afternoon. Todd Roethlisberger, attorney with Poole Brooke Plumlee on behalf of RVB3, the applicant. Good afternoon, Mr. Chairman and members of the Commission, appreciate being on the consent agenda. We do agree to the terms set forth and appreciate Ms. Nowak's assistance with this application as well. Vice Chair Alcaraz: Great. Appreciate that. Todd Roethlisberger: Thank you. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Weiner to please read this for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Modification of Proffers. The applicant is requesting a Modification of Proffers to redevelop a former Sonic drive-in restaurant building into a Little Caesars restaurant. The building is located on a 25,204 square foot out parcel in Wesleyan Common Shopping Center. We recommend approval of the Modifications of Proffers and place this on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number 12, which is a Conditional Use Permit for a craft distillery at 712 Atlantic Avenue for Waterman Spirits, LLC. Please come forward. Eddie Bourdon: Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing Waterman Spirits, LLC. Again, Brandon's done a very good job on this 2 application, asked us a lot of questions, got a lot of answers from us, and all six conditions as recommended in the staff report are acceptable to the applicant. Vice Chair Alcaraz: Thank you. Eddie Bourdon: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bradley to read this for the record. Commissioner Bradley: The applicant is requesting a Conditional Use Permit to operate a craft distillery at 712 Atlantic Avenue. The property consists of multiple structures and uses including The Shack, which is primarily an outdoor resort establishment with dining, entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. There is an existing 9,300 square foot masonry building on the Southern portion of the property. The craft distillery will produce and sell spirits with an 1,800 square foot portion of the existing structure facing Atlantic Avenue. Planning staff recommended this conditional use permit and Planning Commission has put it on the consent agenda. Vice Chair Alcaraz: Thank you. Kay Wilson: Mr. Frankenfield. Commissioner Frankenfield: Oh, are we ready to vote? Kay Wilson: No, I'm just ready for you to abstain. Commissioner Frankenfield: I need to abstain from The Festival, LLC. I am a service provider for that company and my company is at 1400 Woodhouse Road, Virginia Beach, Virginia. Thank you. 3 Vice Chair Alcaraz: All right. Agenda item number 15 is a Conditional Use Permit for a short-term rental at 410 22nd street, Unit B for Coastal Accommodations, LLC. Is there a representative here today to speak on this item? Please come forward. Just state your name for the record. Grace Morris: Grace Morris. Vice Chair Alcaraz: Okay. Thank you. Are the conditions acceptable to you? Grace Morris: Yes. Vice Chair Alcaraz: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Klein to read this for the record. Commissioner Klein: This 20,800 square foot lot is zoned OR, Oceanfront Resort. According to city records, it is a two bedroom town home constructed in 2015. The owner submitted a Conditional Use Permit request to operate a short term rental on site. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places following applications on the consent agenda: items number three, four, five, six, nine, 12, and 15. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent of agenda items three, four, five, six, nine, 12, and 15? Commissioner Weiner: Second. Chairman Wall: 4 Okay. All right. I guess he's already said you made a motion. Okay, thank you. Okay. So hearing seconds. Are there any Planning Commissioners besides Mr. Frankenfield that are abstaining on any of the agenda items that are on the consent agenda? Okay. The motion for approval is by Mr. Alcaraz, and the second is by Mr. Weiner. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor, zero against, agenda items three, four, five, six, nine, and 15 have been recommended for approval. Agenda item number 12 by recorded vote of eight in favor, zero against, with one abstention by Commissioner Frankenfield, agenda item number 12 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. In accordance with Section 234(c) of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no retail sales of any products or merchandise to the general public from the site. 4. The commercial kitchen equipment shall be removed if the home occupation ceases. 5. The garage shall not be converted into a dwelling unit unless permitted by the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 5 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 , 7 ,,„ / r ,„ rti; ,,, , „ ,,,,' ,,,,,+, ,, , .?!'; I . , $ 777 ,„ / / i. ' )// • k 0410 Iiik 17' / • ,,,„,,' :'2 r . sr- 1 di • „,,,, (op , et:, ,/, ,, ,,,„ . ::)* q/ „ ., \c'1›: 0 ., , . / ' ,, ,k/ ,, Al2 ��'l+ a/ /1 ,� ;40• \ I � , 132/B2 � ‘,/ . o �'. ,i ,�/ \\ k ... /, /,,, 7 r ,..4.,, UP \ i„,"4 s 0,1,:y _- / Al**to// N ' _ ** 4k, PIDH1 II e*4,0 �i ,,,,„i All---: .Q al7<0 n AlA1 Mi.i-s. i itik‘. AAA r--' / F'017.11% ,, ��r /, Site - - w 'ON t. Enterprise Leasing Co. of Norfolk-Richmond, LLC NM' Property Polygons 1112 Lyn n h ave n Parkway S Zoning Building .1 Feet 0 30 60 120 180 240 300 360 ILNL4l c...) h 4:(S% CITY OF VIRGINIA BEACH AGENDA ITEM ./ ITEM: ENTERPRISE LEASING CO. OF NORFOLK-RICHMOND, LLC [Applicant] E T ENTERPRISES, LLC [Property Owner] Conditional Use Permit (Motor Vehicle Rentals) for the property located at 1112 Lynnhaven Parkway (GPIN 1496001133). COUNCIL DISTRICT 3, formerly Rose Hall MEETING DATE: May 17, 2022 • Background: The applicant is requesting a Conditional Use Permit for Motor Vehicle Rentals in order to provide up to 25 vehicles - both cars and trucks—for rent on this one-acre site along Lynnhaven Parkway. The site is currently developed with a 3,200 square-foot building with an overhead canopy, and an accessory structure. The buildings on site were constructed in 1975 and were previously occupied by a restaurant with a drive-through and a short-term loan title business. Both the canopy and the detached garage are slated for removal, while the existing primary structure is proposed to be fully renovated. A new carport structure (864 square feet) is proposed along the northern property line where vehicles will be hand washed. An indoor car wash area is also proposed within a small portion of the renovated building. Vehicles will be washed by hand only utilizing a closed loop water recovery system designed to capture, recycle, and then treat all water. • Considerations: The redevelopment of the site will be in conformance with the Comprehensive Plan, as it is improving the quality and attractiveness of the site and buildings, as well as providing a service to benefit nearby residents. Auto-oriented uses in this vicinity include Car Wash Facilities and Automobile Repair Garages. The property is located within the 70 to 75 dB noise zone and Accident Potential Zone 2 (APZ- 2) of the Air Installations Compatible Use Zones (AICUZ). Many uses within this AICUZ are restricted, as identified in Article 18 of the Zoning Ordinance; however, retail trade, such as the proposed motor vehicle rental, is considered to be a compatible use. This parcel was previously occupied by a restaurant with a drive- through that generated high traffic along Lynnhaven Parkway. The proposed rental facility will generate a lower traffic impact compared to a by-right use on this B-2 zoned parcel. Along with the renovation of the existing building, the parking lot will be repaired and restriped with the addition of a new concrete curb along the southern property Enterprise Leasing Co. of Norfolk/Richmond, LLC Page 2 of 4 line. Category I streetscape plantings to be installed along Lynnhaven Parkway will include small trees and shrubs, which will provide screening along Lynnhaven Parkway. Interior parking lot, foundation plantings, and display area plantings are proposed, as required. The existing trees in the rear of the property, many of which are off-site within a City drainage easement along the existing canal, will remain and will continue to serve as an excellent buffer for the residences to the east of the site. 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 13, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "LAYOUT AND LANDSCAPE PLAN", dated 3/29/22 and prepared by TIMMONS GROUP., 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 building shall substantially adhere in appearance, size, color, and materials to the submitted elevations entitled "RENOVATIONS FOR ENTERPRISE", dated 3/01/22 and prepared by COVINGTON HENDRIX ANDERSON ARCHITECTS., 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 Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior display plantings. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. The northernmost access point along Lynnhaven Parkway shall be widened to meet the Public Works Standards of a minimum width of 30 feet. 5. The total number of vehicles displayed for rent shall be limited to 25 vehicles. 6. No more than 12 trucks for the purpose of renting shall be allowed on the site at any one time. Rental trucks shall be located only in the area on the site that has been designated on the exhibit entitled, "Layout and Landscape Plan," as depicted on page 7 of this report. Enterprise Leasing Co. of Norfolk/Richmond, LLC Page 3 of 4 7. Prior to operation of the Motor Vehicles Rentals establishment, the areas of the parking lot identified on the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 8. The freestanding sign on the property shall be a monument style sign not to exceed eight (8) feet in height. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10.There shall be no signs 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.Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 12.No maintenance, auto repair, or service of motor vehicles shall be permitted on site, other than handwashing and vacuuming. 13.There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 14.No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 15.There shall be no outside audio speakers for any purpose. 16.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. Enterprise Leasing Co. of Norfolk/Richmond, 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 �% City Manager: Applicant Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item Property Owner E T Enterprises, LLC Planning Commission Public Hearing April 13, 2022 , , i 'BCity Council District District 3, formerly Rose Hall 4 Virginia Beach Request Conditional Use Permit (Motor Vehicle Rental) \ \ \ ::4P-�aa 2r / Staff Recommendation esr�<e �.& Approval S y Staff Planner .7 F Michaela McKinney ,.?C-1.--;&a. ''' Location .t ''''.' `tea 1112 Lynnhaven Parkway ' os GPIN 00 ! \ 1496001133 ` d Site Size € _� ` �0 d4SI .. , d L 1.02 acres q . s AICUZ 4 y V �70-75 dB DNL; APZ-2 1 ' \Watershed �� Chesapeake Bay tr Existing Land Use and Zoning District ,I7-0,-. p, f / �. . ' p Vacant building/ B-2 Community Business - -.. »' •. ccr'. z,: �'' k Surrounding Land Uses and Zoning Districts ;' '� e ti t I jjj�� •_ F North ,• ,*J�eQ ,• <:'��* r/� �i • ;t: o�.i n.;`• • ` N ,0 Vacant building/ B-2 Community Business ;. • cc� ; � -••L 'f �,,,�, South ,,, �"', t • .�a,�c, Restaurant/ B-2 Community Business F•400( �` + , / - - . ,-.b., East V=-.;, - sa, . '1.. � + Ar 0 r Undeveloped lot/ B-2 Community Business,A- r,i;;r'+, t r", . :,,� %°, ,��' 9 � P ,J 12 Apartment Tie ' ._ ti. " *if (' ' West a� �.. _ b °sue;.. ,.. e ,,, Lynnhaven Parkway .,,, ' ...., . Shopping center/ B-2 Community Business -;r. _� /.Lj 4^ �d �. Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Motor Vehicle Rentals on a one-acre parcel zoned B-2 Community Business District. The site is currently developed with a 3,200 square-foot building with an overhead canopy, and an accessory structure. The buildings on site were constructed in 1975 and were previously occupied by a restaurant with a drive-through and a short-term loan title business. • The applicant proposes to display no more than 25 vehicles at any one time on the site. No automotive repair is proposed, and Staff is recommending a condition to prohibit that activity. • The applicant plans to renovate the exterior of the existing main building. The building elevations, as depicted on page 8 of this report, depict exterior building materials consisting of dark beige stone veneer, light beige fascia trim, glazing windows, and a prefinished overhead door. Additionally, the conceptual site plan, as depicted on page 7, indicates the removal of the existing overhead canopy structure from the existing building. • The existing accessory structure in the southeastern corner of the site will also be demolished and replaced with a dumpster within a screened enclosure. • Along with a portion of the renovated building dedicated to the washing of vehicles, a new carport structure (864 square feet) is proposed along the northern property line where vehicles will be hand washed. The indoor car wash area will include Oil-Water separator features and the outdoor car washing area will include water recycling features known as a Geomat Wastewater Recovery System.This Geomat and Oil-Water Separator system will capture wastewater from the washing of vehicles and filter it prior to entering storm drains. • The car washing area within the back of the existing building will be accessible through an overhead door and will be used for cars only.The outdoor car wash area under the carport is intended for trucks only. • The parking lot will be repaired and restriped with the addition of a new concrete curb along the southern property line. • Category I streetscape plantings to be installed along Lynnhaven Parkway will include small trees and shrubs,which will provide screening along Lynnhaven Parkway. Interior parking lot,foundation plantings, and display area plantings are proposed, as required. • The applicant is proposing a 12-foot tall freestanding sign displaying the applicant's logo at the southern entrance along Lynnhaven Parkway. As noted in Condition 8,the applicant is agreeable to Staff's recommendation to install a freestanding monument sign of no taller than eight feet in height. • The proposed designated vehicle display area in the rear of the site, as well as customer and employee parking meet the minimum parking requirements as identified in Section 203 of the Zoning Ordinance. One space per 900 square feet of floor area, or four spaces for this 3,200 square foot operation, is required. Up to 10 employees will be on the site at any given time.The 15 parking spaces depicted on the Conceptual Site Plan exceeds the parking requirement by one space. • Typical hours of operation are proposed as 7:30 a.m.to 6:30 p.m., Monday through Friday, and 8:00 a.m.to 12:00 p.m. on Saturdays. Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 2 A t Zoning History . . ; ,6 7 # Request // 1 CUP(Automobile Service Station/Convenience Store& $2 ,� 1 .: -.' / \,. Automobile Repair Garage)Approved 08/24/1999 of - 2 CUP(Automobile Repair Garage)Approved 04/27/1987 ' H e/ 3 LUP(The Villages of Green Run)Approved 2/05/1979 �s`` , � . • ,,4,0 °�a 4 CUP(Motor Vehicle Sales)Approved 11/07/2017 � 5 CUP(Motor Vehicle Sales/Rental/Services)Approved V. $fiO'A l° 09/11/2012 r..... y ;i �° 6 CUP(Automobile Repair Garage)04/10/9993 ._„. 3 `: y `' Y'' ��0%.11. i • ' :-.-- ; 1/4°$—'''' (P., . 7 CUP(Motor Vehicle Rental)Approved 01/16/2018 i �DH1 A1 •,`_ , Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a Conditional Use Permit for Motor Vehicle Rentals, in Staff's opinion, is acceptable. Auto-oriented uses have existed in the vicinity since 1987. The request is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the motor vehicle rental business provides a service to the area and is compatible with the uses along this section of Lynnhaven Parkway. Auto-oriented uses in this vicinity include Car Wash Facilities and Automobile Repair Garages.The redevelopment of the site will be in conformance with the Comprehensive Plan, as it is improving the quality and attractiveness of the site and buildings, as well as providing a service to benefit nearby residents. The property is located within the 70 to 75 dB noise zone and Accident Potential Zone 2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ). Many uses within this AICUZ are restricted, as identified in Article 18 of the Zoning Ordinance; however, retail trade, such as the proposed motor vehicle rental, is considered to be a compatible use. Section 5A.4 of the Site Plan Ordinance requires a minimum of 12 percent of the display area to be planted, in this instance, approximately 1,080 square feet. As shown on the submitted conceptual site plan,the applicant has met this requirement. Currently,the property lacks the required streetscape plantings along Lynnhaven Parkway, as the site was built in the 1970's prior to the establishment of the landscape buffering and screening requirements. The addition of the required street frontage, building foundation, and interior parking lot plantings depicted on the Conceptual Site Plan will not only meet the requirements set forth in the City's Zoning Ordinance, but will also improve the aesthetics of the site. The existing trees in the rear of the property, many of which are off-site within a City drainage easement along the existing canal, will remain and will continue to serve as an excellent buffer for the residences to the east of the site.The removal of the canopy structure will create additional greenspace to meet interior parking requirements while the existing parking spaces remain. As previously mentioned,the existing accessory structure in the southeastern corner will be demolished and replaced with a dumpster enclosure, resulting in more green space due to a reduction in impervious area. The applicant is proposing to hand wash vehicles both inside the rear of the existing building and outside under a new carport equipped with a Geomat system designed to filter contaminated water through four layers of substrate. Staff believes this wastewater technology is beneficial to the proposed use and will reduce water waste while successfully preventing car wash contaminants from entering the storm drains. Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 3 Staff initially had concerns with the northernmost access point and its failure to meet Public Works Standards of a 30- foot minimum width.The applicant has addressed this issue by proposing to remove a portion of the existing curb to widen the northernmost access point and keep on-site circulation consistent. Widening the existing access point will improve the on-site circulation for employees and customers allowing customers to enter from the southernmost access point and leave using the northernmost access point. Based on this, Staff accepts continued use of the northernmost access point as the site would not likely function well without it. Condition 4 has been recommended to ensure the northern most access point meets Public Works Standards.This parcel was previously occupied by a restaurant with a drive-through that generated high traffic along Lynnhaven Parkway.The proposed rental facility will generate a lower traffic impact compared to a by-right use on this B-2 zoned parcel. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "LAYOUT AND LANDSCAPE PLAN", dated 3/29/22 and prepared by TIMMONS GROUP., 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 building shall substantially adhere in appearance, size, color, and materials to the submitted elevations entitled "RENOVATIONS FOR ENTERPRISE", dated 3/01/22 and prepared by COVINGTON HENDRIX ANDERSON ARCHITECTS.,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 Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to,the installation of street frontage plantings, building foundation plantings, and interior display plantings. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. The northernmost access point along Lynnhaven Parkway shall be widened to meet the Public Works Standards of a minimum width of 30 feet. 5. The total number of vehicles displayed for rent shall be limited to 25 vehicles. 6. No more than 12 trucks for the purpose of renting shall be allowed on the site at any one time. Rental trucks shall be located only in the area on the site that has been designated on the exhibit entitled, "Layout and Landscape Plan," as depicted on page 7 of this report. 7. Prior to operation of the Motor Vehicles Rentals establishment,the areas of the parking lot identified on the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 8. The freestanding sign on the property shall be a monument style sign not to exceed eight (8)feet in height. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 10. There shall be no signs 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 Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 4 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. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 12. No maintenance, auto repair, or service of motor vehicles shall be permitted on site, other than handwashing and vacuuming. 13. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 14. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 15. There shall be no outside audio speakers for any purpose. 16. 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. 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 and there are no known significant cultural resources associated with this site. Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Zoning 2—550 ADT Lynnhaven Parkway 37,460 ADT1 55,500 ADT 1(LOS 4"D") Former Land Use(eating and drinking establishment with a drive-through)—1,507 ADT Proposed Land Use 3—No Data Available 1 Average Daily Trips 2 as defined by a vacant one- 3as defined by a motor vehicle 4 LOS=Level of Service acre B-2 zoned parcel rental establishment 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 wide right-of-way. The MTP proposes a six-lane facility within a 165-foot- wide right-of-way. There are no CIPs slated for this segment of the roadway. Currently,this segment of roadway is functioning well under capacity at a Level of Service C. Public Utility Impacts Water & Sewer The site is connected to 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 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022 and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022 • 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 13, 2022. Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 6 Proposed Conceptual Site Plan 1 M.rzsr.les • — t •. i- = / �`,_-- s �.,,,„ .-ram r._ .. r m h......--.---_-:1, . *,,,,,,) , d W a ~ ~w J i I y n tt' N z z i T ' - ZZKC K O 2- FO !/ -,L. 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'fir� s p-. .14 kv ,ya y..•- , ••,t-'+; L<d : . s`��t�K§ -4a.. -*, Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 14 Disclosure Statement Disclosure Statement At13 uv timpeoAwar 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 Enterprise Leasing Co.of Norfolk/Richmond LLC Does the applicant have a representative? •Yes ❑No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy.P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Board of Managers:Andrew C Taylor,Pam N.Nicholson and Rick A.Short; — - - Sole Authorized Officer:Michael Bruce Sole Member:Enterprises Holdings,Inc.,a Missouri corporation _ . — • If yes,list the bus,nesses 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. La,-iseo 11.09 2020 1 Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 15 Disclosure Statement Disclos Statement urE Planning&Community low Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes N 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 • Ir yes,identl'y the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and ant.cipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service Ellis Colthorpe,Cushman&Wakefield/Thalhimer 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?in Yes 0 No ▪ If yes,identify the firm and individual providing the service. Jonathan Covington,Covington,Hendrix&Anderson Architects 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. 21 Enterprise Leasing Co.of Norfolk/Richmond, LLC Agenda Item 6 Page 16 Disclosure Statement Disclosure Statement \43 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 t No • If yes,identify the company and individual providing the service. 7. Does the applicant have en 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. Todd French,Timmons Group 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property' Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 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. Enterprise rig f Norfolk/Richmond.LLC By. Applicant Signature Michael Bruce,Sole Authorized Officer Print Name and Title January 25,2022 Date Is the applicant also the owner of the subject property? ❑Yes NI 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 l Date 05/05/2022 Slgnatwe Mnt"ame Michaels D. McKinney 31 Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 17 Disclosure Statement Disclosure Statement 1kB Ctrs,of Vupo-aaa Stab Planning&Community Development Owner Disclosure Owner Name E T Enterprises,LLC,a Virginia limited liability company Applicant Name Enterprise Leasing Co of Norfolk/Richmond,LLC,a Delaware limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sean Calway;Elisabeth C.Zarbo;Donald Calway;Brian Calway • 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 I 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. sl Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 18 Disclosure Statement Disclosure Statement iu+,o!iircinto Aare 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 IN 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? IN Yes ❑No • If yes,identify the company and individual providing the service. Peter D.Abraham,Harvey Lindsay Commercial Real Estate 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI 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?0 Yes II 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. 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,n 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. 6 Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 19 Disclosure Statement „ V ° 1 f ram.. - ` . 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. Michael J.Levy,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. 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. E T Enter es,LLB By' 5� Owner Signature SeQrO 65 CA LJA- Pres) r1M19NAY beg. Print Name and Title la iDoiac Date Revised 11.09.2020 Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Enterprise Leasing Co. of Norfolk/Richmond, LLC Agenda Item 6 Page 21 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item #4 Enterprise Leasing Co. of Norfolk-Richmond, LLC [Applicant] E T Enterprises, LLC [Property Owner] Conditional Use Permit (Motor Vehicle Rentals) Address: 1112 Lynnhaven Parkway RECOMMENDED FOR CONSENT—APPROVAL Vice Chair Alcaraz: Okay. Thank you, Mr. Weiner. Agenda item number four is a Conditional Use Permit for motor vehicle rentals at 1112 Lynnhaven Parkway for Enterprise Leasing Company of Norfolk Richmond, LLC. Is their representative here to speak today? Eddie Bourdon: Thank you, Mr. Alcaraz and Commissioners. For the record, Eddie Bourdon, Virginia Beach attorney representing Enterprise. I believe Ms. Kayley Krug with Enterprise is with us this afternoon. And I want to thank Michaela again for a very thorough job in evaluating and keeping us on our toes with this application. All 15 conditions are acceptable to the applicant and we appreciate being on the consent agenda. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none. I ask Commissioner Bradley to read this item for the record. Commissioner Bradley: Thank you. The applicant is requesting a Conditional Use Permit for motor vehicle rentals on a one acre parcel zone B2 Community Business District. The site is currently developed with a 3,200 square foot building with an overhead canopy and accessory structure. The buildings on site were constructed in 1975 and were previously occupied by a restaurant with a drive through and a short term loan title business. The applicant proposes to display no more than 25 vehicles at any one time on the site. No automobile repair is proposed and staff is recommending a condition to prohibit that activity. The Planning staff recommended this. There was no known opposition, so Planning Commission decided to put it on the consent agenda. Vice Chair Alcaraz: 1 Thank you. Agenda item number five is a Conditional Use Permit for family daycare at the home at 1712 Moon Valley Drive for Nora Nimely. Is their representative here today? Please come forward and state your name. Hi. Nora Nimely: Good afternoon. My name is Nora. Vice Chair Alcaraz: Thank you. Do you accept all the conditions? Nora Nimely: Yes, I do. Vice Chair Alcaraz: Thank you. You may be seated. Nora Nimely: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Oliver to read this item for the record. Commissioner Oliver: Thank you. This is a request for a Conditional Use Permit to operate a family daycare home for up to eight children within the applicant's single family dwelling in the Lake Placid neighborhood. The applicant has over 10 years of experience in caring for children and the designated outdoor play air area is located in the backyard and is enclosed with a six foot solid privacy fence. The typical hours of operation are proposed as 6:30 AM to 6:00 PM Monday through Friday. Staff found the property to be well organized and well kept. This request for a Conditional Use Permit for a family daycare home, in staffs opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff recommends approval of this request with the conditions listed below, and therefore we have placed it on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number six for a Conditional Use Permit for home occupation located at 4500 Hollingsworth Lane, applicant Baking It, Caking It LLC. Is the applicant here? Please come forward. Hi, can you state your name for the record? 2 Brianna Small: Brianna Small. Vice Chair Alcaraz: Thank you. You accepted the conditions? Brianna Small: Yes. Vice Chair Alcaraz: Thank you. Brianna Small: Thank you. Vice Chair Alcaraz: You can be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have Commissioner Klein to read this item for the record. Commissioner Klein: The applicant is requesting a Conditional Use Permit for a home occupation to operate a commercial kitchen in the 460 square foot attached to garage of their single family dwelling in the Glenwood neighborhood. It is the applicant's desire to prepare baked goods and deliver them to customers at offsite locations. The applicant will be the sole operator of the kitchen. No other employees are proposed for this in-home business. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Agenda item number nine, Modification of Proffers at 5453 Wesleyan Drive for RVB3, LLC. Is their representative today here to speak with the item? Come forward and state your name, please. Todd Roethlisberger: Hi, good afternoon. Todd Roethlisberger, attorney with Poole Brooke Plumlee on behalf of RVB3, the applicant. Good afternoon, Mr. Chairman and members of the Commission, appreciate being on the consent agenda. We do agree to the terms set forth and appreciate Ms. Nowak's assistance with this application as well. 3 Vice Chair Alcaraz: Great. Appreciate that. Todd Roethlisberger: Thank you. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Weiner to please read this for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Modification of Proffers. The applicant is requesting a Modification of Proffers to redevelop a former Sonic drive-in restaurant building into a Little Caesars restaurant. The building is located on a 25,204 square foot out parcel in Wesleyan Common Shopping Center. We recommend approval of the Modifications of Proffers and place this on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number 12, which is a Conditional Use Permit for a craft distillery at 712 Atlantic Avenue for Waterman Spirits, LLC. Please come forward. Eddie Bourdon: Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing Waterman Spirits, LLC. Again, Brandon's done a very good job on this application, asked us a lot of questions, got a lot of answers from us, and all six conditions as recommended in the staff report are acceptable to the applicant. Vice Chair Alcaraz: Thank you. Eddie Bourdon: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bradley to read this for the record. Commissioner Bradley: 4 The applicant is requesting a Conditional Use Permit to operate a craft distillery at 712 Atlantic Avenue. The property consists of multiple structures and uses including The Shack, which is primarily an outdoor resort establishment with dining, entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. There is an existing 9,300 square foot masonry building on the Southern portion of the property. The craft distillery will produce and sell spirits with an 1,800 square foot portion of the existing structure facing Atlantic Avenue. Planning staff recommended this conditional use permit and Planning Commission has put it on the consent agenda. Vice Chair Alcaraz: Thank you. Kay Wilson: Mr. Frankenfield. Commissioner Frankenfield: Oh, are we ready to vote? Kay Wilson: No, I'm just ready for you to abstain. Commissioner Frankenfield: I need to abstain from The Festival, LLC. I am a service provider for that company and my company is at 1400 Woodhouse Road, Virginia Beach, Virginia. Thank you. Vice Chair Alcaraz: All right. Agenda item number 15 is a Conditional Use Permit for a short term rental at 410 22nd street, Unit B for Coastal Accommodations, LLC. Is there a representative here today to speak on this item? Please come forward. Just state your name for the record. Grace Morris: Grace Morris. Vice Chair Alcaraz: Okay. Thank you. Are the conditions acceptable to you? Grace Morris: Yes. 5 Vice Chair Alcaraz: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Klein to read this for the record. Commissioner Klein: This 20,800 square foot lot is zoned OR, Oceanfront Resort. According to city records, it is a two bedroom town home constructed in 2015. The owner submitted a Conditional Use Permit request to operate a short term rental on site. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places following applications on the consent agenda: items number three, four, five, six, nine, 12, and 15. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent of agenda items three, four, five, six, nine, 12, and 15? Commissioner Weiner: Second. Chairman Wall: Okay. All right. I guess he's already said you made a motion. Okay, thank you. Okay. So hearing seconds. Are there any Planning Commissioners besides Mr. Frankenfield that are abstaining on any of the agenda items that are on the consent agenda? Okay. The motion for approval is by Mr. Alcaraz, and the second is by Mr. Weiner. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor, zero against, agenda items three, four, five, six, nine, and 15 have been recommended for approval. Agenda item number 12 by recorded vote of eight in favor, zero against, with one abstention by Commissioner Frankenfield, agenda item number 12 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE 6 Frankenfield AYE Horsley 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 concept plan entitled "LAYOUT AND LANDSCAPE PLAN", dated 3/29/22 and prepared by TIMMONS GROUP., 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 building shall substantially adhere in appearance, size, color, and materials to the submitted elevations entitled "RENOVATIONS FOR ENTERPRISE", dated 3/01/22 and prepared by COVINGTON HENDRIX ANDERSON ARCHITECTS., 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 Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the installation of street frontage plantings, building foundation plantings, and interior display plantings. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan. 4. The northernmost access point along Lynnhaven Parkway shall be widened to meet the Public Works Standards of a minimum width of 30 feet. 5. The total number of vehicles displayed for rent shall be limited to 25 vehicles. 6. No more than 12 trucks for the purpose of renting shall be allowed on the site at any one time. Rental trucks shall be located only in the area on the site that has been designated on the exhibit entitled, "Layout and Landscape Plan," as depicted on page 7 of this report. 7. Prior to operation of the Motor Vehicles Rentals establishment, the areas of the parking lot identified on the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 8. The freestanding sign on the property shall be a monument style sign not to exceed eight (8) feet in height. 9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 10. There shall be no signs 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 7 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. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked within any portion of the public right-of-way. 12. No maintenance, auto repair, or service of motor vehicles shall be permitted on site, other than handwashing and vacuuming. 13. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 14. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 15. There shall be no outside audio speakers for any purpose. 16. 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. 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. 8 , ----...) ,,Ni ' / , itr''' / / 1 /// g/ ( / 1 � AG2 L___)______-- . , 40 :0/ , /1' ''''.------______- \ Al 2 J o"`' N\, ! o ‘/ (11/ / �, B'2 c B-2 CD/ / , / ,/ : BZ i R5D ------__.____,:-__,_. , . �� Site Car Spa, Inc -'4_V W ," E ^ Property Polygons Portion of parcel on the northeast s Zoning corner of General Booth Boulevard and Prosperity Road Building p y i. Feet 0 25 50 100 150 200 250 300 r yY�l f O s„ e..a '�? • w'r ., ,,...,,,, ,....„ CITY OF VIRGINIA BEACH AGENDA ITEM al ITEM: CAR SPA, INC [Applicant] GENERAL BOOTH VENTURE GROUP, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) for the property located at the northeast corner of General Booth Boulevard & Prosperity Road (GPIN 2415685697). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: May 17, 2022 • Background: The applicant plans to develop a 5,700 square-foot automated Car Wash Facility (Car Spa) on a 2.21-acre parcel along General Booth Boulevard. The operation includes a car wash building, an outdoor canopy area for detailing, and 12 outdoor vacuum stations. In 2019, this site was created in conjunction with the subdivision of a larger 9.48-acre site that included approval by City Council for a Conditional Use Permit for an Automobile Service Station (Wawa) on the southern portion of that site. Vehicular access to the properties will be from a shared point along General Booth Boulevard that includes a north-bound, right-turn lane as well as a shared ingress/egress along Prosperity Road. The design of the car wash building is proposed as a blend of contemporary commercial design on the primary elevation facing General Booth Boulevard with Post-Modern, over-sized geometric elements on the north elevation resulting in a unique silhouette. The exterior will be clad with stone veneer, concrete block, stucco, prefinished metal, glass and aluminum storefront systems, and an aluminum canopy. • Considerations: Consideration to the potential noise and visual impacts the new development will have on adjacent properties is apparent in the site layout. A stormwater management pond and a 25-foot wide landscape buffer with Category IV landscape screening (a mix of evergreen trees and shrubs)will provide separation between the car wash and the residential neighborhood that is currently under construction to the east of the site. With this separation, the car wash building will be more than 225 feet from the nearest property line of residentially-zoned properties. The entrance and exits of the new building are directed away from the residential community and the building will serve as a noise buffer for the vacuum stations as the building is located between the vacuum spaces and the residential community. Staff has reviewed the submitted Traffic Impact Analysis and determined that the proposed improvements to the General Booth Boulevard/Oceana Car Spa, Inc Page 2 of 3 Boulevard/Prosperity Road intersection that are being built by the Wawa developer will handle the increase in traffic generated by this development. General Booth Boulevard is a scenic corridor as defined in the Comprehensive Plan. To address the planting requirements for properties along this corridor, plantings are proposed to be installed parallel to General Booth Boulevard, as well as within a 10-foot wide streetscape buffer between the site interior and the 100- footwide VEPCO (now Dominion Energy) Easement also along General Booth Boulevard. These landscape buffers are consistent to those planned for the adjacent Wawa site. 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 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Full Service Car Wash Prepared for Car Spa — Site Landscape Exhibit," prepared by Kimley Horn, dated December 31, 2021, 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, post wash canopy, vac building, vacuum stations, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Car Spa," prepared by NCA Partners Architecture, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning & Community Development. 3. When the property is developed, the freestanding sign shall be in substantial conformance with the submitted exhibit entitled, "Car Spa," prepared by S State Sign, Revised March 17, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. At the time of site plan review, a Landscape Plan that reflect the plantings depicted on the submitted Plan, noted in Condition 1, along with all applicable requirements of the Zoning Ordinance, shall be submitted to the Development Services Center for review and shall obtain an approval prior to the issuance of a building permit. 5. As depicted on the Plan, noted in Condition 1, the row of evergreen trees along the vacuum stations shall be installed at a minimum of four (4) feet in height and be allowed to grow and be maintained at a height of no less than six (6) feet. Car Spa, Inc Page 3 of 3 6. All light fixtures on the site shall be no taller than 14 feet in height and shall be shielded to be contained on site. 7. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 7:00 p.m. daily. 8. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, 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. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department L- 0 City Manager: Applicant Car Spa, Inc Property Owner General Booth Venture, LLC Agenda Item Planning Commission Public Hearing April 13, 2022 C•iru�t City Council District District 5,formerly Beach 3 Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation / .f Approval a 1 r Staff Planner % I Hoa N. Dao �+ i p Location -_.____A Portion of parcel on the northeast corner of . * f44.4 General Booth Boulevard and Prosperity Road 1111 GPIN ivii - c•°'�• Portion of 2415685697R,,°"'°"°.° &Iwo Lane %. Site Size I 2.21 acres AICUZ Greater than 75 dB DNL • . "-- 4.6.64../- Watershed Southern Rivers Existing Land Use and Zoning District . Alik,kittio, r Wooded lot /B-2 Community Business ' -s` ti < . _ . . iii) Surrounding Land Uses and Zoning Districts t ' _ T' �--_ North J .3•�` 4• ' ' -' -: 'As- a Outdoor Recreational Facility/AG-2 ,',`'� 4, V1..•., "i e. - "'..: '� Agricultural t. ` '"'' South w l/,e 4. Prosperity Road .0 1% ..y •♦ - ,t 1' c.:''' `. •' '►,, City Park, single-family dwelling/AG-2 �z x4v' �`'a' . �' . :I •,1"" - Agricultural - _ - 1, rj_ -. h; East _A _ - • .��; :Z. ,, �` 1�;; ` Wooded lot/ R-5D Residential f.� - , ` 4.. ` ' •' • .'.1 West _ 6 M ;` -r' �,''., NV General Booth Boulevard `•"�•, ," Eating& Drinking Establishment,wooded lots/ s.' ",'♦ '° ss4 ' �_., ' - . B-2 Community Business, A-12 Apartment Car Spa, Inc Agenda Item 3 Page 1 Background & Summary of Proposal • In 2019, City Council granted a Conditional Use Permit request for operation of an Automobile Service Station (Wawa)at the northeast corner of Prosperity Road and General Booth Boulevard. The 9.48-acre parcel, zoned B-2 Community Business, was proposed to be subdivided into two lots,with the Wawa site occupying the 5.51-acre southern lot.There were no immediate plans for the remaining 3.97-acre parcel. • The applicant now seeks to subdivide the northern 3.97-acre parcel into two lots, a 2.21-acre and a 1.76-acre lot. The applicant plans to develop the 2.21-acre site with a 5,700 square-foot automated Car Wash Facility(Car Spa) with an outdoor canopy area for detailing, 12 outdoor vacuum stations and a small mechanical building(labeled vac building)to house the vacuum equipment and washer/dryer. According to the application,there is no plan to develop the 1.76-acre lot at this time. • This Car Spa facility will be the third location in Virginia Beach;the first franchise location is on Holland Road and the second location is on Northampton Boulevard. • Access to the site will be from a shared access point along General Booth Boulevard. A north-bound, right-turn lane along General Booth Boulevard will be installed as part of the right-of-way improvements for the Wawa that is under construction. • The design of the new car wash building is proposed as a blend of contemporary commercial design on the primary elevation (west)with Post-Modern, over-sized geometric elements on the north elevation that give the building a unique silhouette. The exterior will be clad with concrete masonry that resemble stone veneer, concrete block, stucco, prefinished metal,glass and aluminum storefront systems, and an aluminum canopy. The dumpster enclosure will be constructed with the same concrete masonry units as the proposed building. • Stormwater management for the car wash proposal has been accounted for with the site plan approval of the development of the convenience store with fuel pumps (Wawa). No additional stormwater facilities are necessary. • A 10-foot wide trail with plantings will be installed parallel to General Booth Boulevard and will connect to an existing 10-foot wide trail constructed on the adjacent Wawa site.Additional screening of the site will be achieved through a proposed 10-foot landscape buffer between an existing 100-foot VEPCO easement and the western property line and a row of evergreen plants between the interior drive and the vacuum spaces to be located in front of the building. • A monument-style freestanding sign with a stone base is proposed at the southern entrance to this parcel. • The proposed hours of operation are from 8:00 a.m. to 7:00 p.m., daily. Up to 10 employees are expected to be onsite. • The proposed 13 parking spaces depicted on the concept plan, excluding the 24 spaces at vacuum stations, meet the Zoning Ordinance requirement. Car Spa, Inc Agenda Item 3 Page 2 71* cp- 3P c, Zoning History Request 1 CUP(Automobile Service Station)Approved 11/12/2019 1 I 2 REZ(AG-2 to B-2)Approved 05/05/1986 tti /f 3 CUP(Miniature Golf Course)Approved 04/18/1977 UI CUP(Campground)Approved 10/26/1971 AG2011116.1.:' AG2 �i-___ D .0,2 yr Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the proposal to develop and operate a Car Wash Facility at this location is acceptable. The Car Wash Facility would provide a convenient, complementary non-residential use to the nearby residential communities and is a compatible use with the Wawa service station that was approved on the adjacent lot. Consideration to the potential noise and visual impacts the new development will have on adjacent properties is apparent in the site layout. A stormwater management pond and a 25-foot wide landscape buffer with Category IV landscape screening will provide separation between the new carwash and a residential neighborhood that is currently under construction to the east of the site. With this separation,the car wash building will be more than 225 feet from the nearest residentially-zoned properties.The entrance and exits of the new building are directed away from the residential community and the building will serve as a noise buffer for the vacuum stations as the building is located between the vacuum spaces and the residential community. General Booth Boulevard is a scenic corridor as defined in the Comprehensive Plan. To address the required plantings associated with the corridor plantings are proposed to be installed parallel to General Booth Boulevard, as well as within a 10-foot wide streetscape buffer between the site interior and the 100-footwide VEPCO Easement also along General Booth Boulevard. These landscape buffers are consistent to those planned for the adjacent Wawa site. This site will have a right-in/right-out access point on General Booth Boulevard that is shared with the approved Wawa convenience store and gas station that is being built. This site will also be able to be accessed from a full access point on Prosperity Road through the Wawa site. Staff has reviewed the submitted Traffic Impact Analysis and determined that the proposed improvements to the General Booth Boulevard/Oceana Boulevard/Prosperity Road intersection that are being built by the Wawa developer will adequately handle the increase in traffic generated by this development. Based on the considerations above, Staff recommends approval of this request subject to the conditions noted below. Car Spa, Inc Agenda Item 3 Page 3 Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Full Service Car Wash Prepared for Car Spa —Site Landscape Exhibit," prepared by Kimley Horn, dated December 31, 2021,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, post wash canopy,vac building, vacuum stations, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Car Spa," prepared by NCA Partners Architecture,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning & Community Development. 3. When the property is developed,the freestanding sign shall be in substantial conformance with the submitted exhibit entitled, "Car Spa," prepared by S State Sign, Revised March 17, 2022,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. At the time of site plan review, a Landscape Plan that reflect the plantings depicted on the submitted Plan, noted in Condition 1, along with all applicable requirements of the Zoning Ordinance, shall be submitted to the Development Services Center for review and shall obtain an approval prior to the issuance of a building permit. 5. As depicted on the Plan, noted in Condition 1,the row of evergreen trees along the vacuum stations shall be installed at a minimum of four(4)feet in height and be allowed to grow and be maintained at a height of no less than six (6)feet. 6. All light fixtures on the site shall be no taller than 14 feet in height and shall be shielded to be contained on site. 7. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 7:00 p.m. daily. 8. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, 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. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. 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. Car Spa, Inc Agenda Item 3 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There are no known natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 26,840 ADT' 32,700 ADT 1(LOS 4"D") Existing Land Use 2a—0 ADT Existing Zoning 2b—1,210 ADT Prosperity Road 1,450 ADT' 9,900 ADT 1(LOS 4"D") Proposed Land Use 3—781 ADT 'Average Daily Trips 2a as defined by a vacant parcel 3 as defined by a Car Wash and 4 LOS=Level of Service Zb as defined by a 2.21-acre Detail Center facility parcel zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard is a four-lane access-controlled roadway in the MTP. There is an existing ingress-egress easement along the frontage for this property that allows for an access point. The General Booth Boulevard/Oceana Boulevard/Prosperity Road intersection is ranked as the 7th most congested signalized intersection in the City of Virginia Beach. Public Works developed a plan for improving this intersection and the City was awarded SmartScale funding from VDOT to pay for these improvements. Due to the SmartScale funding timeline, these improvements are not scheduled to be completed until 2027. Prosperity Road is a two-lane local/collector street with a variable-width of 50 feet to 60 feet right-of-way. Prosperity Road is not identified on the MTP. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water main along General Booth Boulevard. Sewer The site must connect to City gravity sewer. There is an existing 42-inch HRSD force main along General Booth Boulevard. Car Spa, Inc Agenda Item 3 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022 and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022 • 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 13, 2022. Car Spa, Inc Agenda Item 3 Page 6 u m N - E m ncu tv a) n. � 11 L as co c U Q) 0.0 1V1 _.._. .. • C 7C8VAA11108VNV300 n,�l `r,r_+�'--1ri 'a. • . ._, .. _ylttc.l ., r_--_ 1 CJaVA311108 H1008'M63N361 ADm --• S r ' fTlaQav _ r.1i�.MPp.:•..M Y�L Yn tuu�t]TT.••�uutTTTIII�T�TTT��e�SS"'''' Di A, IIIIlft111111' . 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OO �i V= sWWos WE W o012° OJQ�s� • .,, c, ' L • V W Ihil .5-.L Car Spa, Inc Agenda Item 3 Page 12 Site Photos ..Et • , 1'-., :. .,•: i 1 IIII , , * ''t-*4 _i —.�-y • '"'" .tea,.. -wwt•[�.+aw►.4 .,s..�- ^ • - .„1 •, V • � . E.' ,1' -.. a 1;'../x...:....,__- •- .. _L)...-..,----„iiiiro,411/4-7.7-_-1,•-- iiiitil.„ __ ---i. ' , , , w- dumps" -`4 ,.. _ ..,_. - - .ram .,. . :'a `�. + _ ,It„ ., {.„, \ . s •'' •~ ,4,t r•,.,. \ - -:::"N.. '6. -k. 4,`- .sue -.- • .• sue . y* Car Spa, Inc Agenda Item 3 Page 13 Disclosure Statement tt r ,....w., _..".�•"_�:+.- 1: -ice..._.'..{: �•i-..::..'�%:�'.:i:- ..� .�`._•.-...�._r-.�ti:::.}Ri.-ri•r 3-,T .e,1:ET•t•�•:-;:y:F.C`:''t�::.::�x�1(•'c"4.;�n'Pc•- F ;;!• _ _ :.i•� ,.)777a�••.- .•s F.:r.r :i. ,i '4?%.i _ �a•• „+z.1 ..i1 .:4�:: ti' r k:;,! ..r =,..4 ems •= ' :-• i•ii, .` aly:..r. ... �' � � P•t �rf i•'�•,. 't..:�, �. •�. '� .Si�-K •:•�:'�'a..�.... - r. .y�rC:-•�•e i•-!•'`[. .' ,i' i``i :�:. 'c'. r;.. -`i'�.:.t..... Yr'...- }�..r�;tt,.. .... �.).y ,:yp J'�v11,. y.•. ri. ? - � �T� , .,� Y w, r� 1� .y t�• • :r ..;.: 'ail.,).i-'••r ,p .,:i.:.,,A.zir..••'g w !.j. .:i R',2. 'ir,.:4'.., .45•.w.,'''a 4r;,..,J. r y...:f-t i,f• •'. `•.' s, .b,...e fae.iSV,:, N 7 r.1•,,`-, F - .,P",�!:-, }� ;4.; ..�;;+.�"�_�9.:.-,,.:2!� •�,'F.r: •rai` •;f:.E.�.,�, .�.r r;�•,,.�,},,., ♦,S"` y�y�(,��'�j, 'tr�'�;�1� � .. .� 'i.!• 4'•�r:s,...r -.f.� ..*ti;_ ,,:;n id°p��. ♦..J s ',`u.�,.,,:L V�Y�1FI�I�gTl"7 �.P. a�A1�.-.._. flF }` :.:!'fir1::-...i:tom:_...'.:a.:�: r�,'yr,�.' rtrf.?'-li c.: _ i •�. - •ri �y.r,F:t :_. (• . `' _ t �!l.ti1.+. `'•9 .}. 7 , 'r !i i 1 .y.:r`Ci.�rrRS_.3 FFF •�• •�,�•f7!i-YJ�Li. �^la�'•S,"•'r •} wa'• r.. r• r .� •W�►'�� i.•.a.�fr, 4y-J'f •tr' , 5, .l Z. :H�a 7,'Sy t+�w•'e t:'..•-f�y � '.`�i 3�.. P$ fy .► •1 ,.,,i,. "te.' a i r ,, -�•�:,rF''`• r 4, a r The disclosures contained in this form are necessary to inform public officials who may vote Cr.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 Car Spa,inc.(Contract Purchaser) Does the applicant have a representative? ®Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?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 entity2 relationship with the applicant. (Attach a list if necessary) See Attached '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of arother 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 uusiness 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(Ili)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. Revised!7.09.2020 1 1 P a g e Car Spa, Inc Agenda Item 3 Page 14 Disclosure Statement ., .r i '>fi R�:''..�r�•-- .y.� .....y. ,.+�,v, +r.v_:1a.•e.+ai•.r••n•.�, •...'-;.— '•c..- .t.. .,._,.. :-r•r+r•t^-�,i ��.•�ly. } ;,r fir,:xk-;.w.w.'''! X ':+i iti :' r.4.. '•')) +: } .►f 'ri'?.i;;,,.,x:;;� tic.:r• r: h Y: .}' 'y,"�p� +rx,`-•..l•a.. r y` i '! ]y r x-3 a:{v-r,.:. '•..;;;'=+� �i't..�,' .a' ' {L_r F ,7cr'f: �� '�• :�•ir`••�t •:.�•tfirtiy.�i%Y,41';:e ,i::�' :'CT��^�•`,•..�.t�`rt ��:. x r +►�: +t�, .fr• -•��y�r�t� � _.�••: ..r . y y,;,�.' �'ti. ro Y+.•t+:.i r{'''i�s f` aX.'rC+-.w�f;t, i.�.{�. 4.�:?{ ra:� ;�i,-,yy Fr )1'r.��.•�,,y �. yi,Y', � i 7-f'i�j��•�S �' •t rK �: '+4. NiiJf.n?+a+F J`�.r .+yti�'r.,'.} �• ly ..qi y.'✓ iv r}j•E•.•♦ a.Lwg;! 6 "" 4'r'F k i• �•yf '.Y�.a''h, '.��r' ., •s r'<,�ef►`�' ',�!'M�31'Mi�';F,r�.+J,,:�.�P.r''�''�,�"# �b�:+'�'�#G�sS:'.+:?-t�r'Y.i�_:�,i-:�v r+ll�+�F.,�?r'•k^'1'. , dPS"Cj' - `F�:,6•ar+i•�—'�~'Y''�i� 4 . h_• ,f •s -ie�,a.R• .r r'•j�';a- ,.rf a:sJ�!' to -'� �.'Sti � .rt k< � _ . - y, �•{,*, .. .! I.V.4. i r ¢;':'•''i4')r [I''ae.:, ti• *.'aci4,a •,k•;yiy};,"1,s r ,•� �..�. • {16 tf•1',7{5• .1}� ty�Ca.ia ar a a '1 iV'�rQ'}•! '.t,' „��' t v , ,.`. vi'.a.r •':} •/'...,.�s ti r -}. �• `, f.k c+y,ri� A x," ::V* r r.. t•., "ems, ''may s•+ �yr�:. f ,�-y lit'}a.,.n,. r" �y •,y-.i� f c �� .'�'`? 9 .',"'[ .ti •�ti tir_.r�,'r� ►d+ayly'1�.•�,1. J�. • a �` #r 1�"'•._-. .ya i`• 4?-5,V.�.j. 3k44.�,'il' •r". i�c y;r ,i� {ir•'/{(•, :' . . ��!.� . • Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach nave an interest in the subject land or any proposed development contingent on the subject public action?❑Yes III No • If yes,what is the name of the official o-employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes (I No • If yes,identify the financial institutions providing the service. 2. Does the app'cant have a real estate broker/agent/reactor far current and anticipated future sales of the subject property? M Yes ❑No • if yes,identify the company and individual providing the service. Matt Lefler,Venture Realty Group 3. Does the applicant have services for accounting end/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 prov'oed In connection with the subject of the application or any business operating or to be operated on the property?at Yes ❑No • if yes,identify the firm and Individual providing the service. Kyle A.Burns,NCA Partners Architecture 5. Is there any other pending or proposed purchaser of the subject property?❑Yes NI No • ;f yes,identify the purchaser and purchaser's service providers. Revised 11.09.2E+20 2 I P a g e Car Spa, Inc Agenda Item 3 Page 15 Disclosure Statement Disclosure Statement "\i13 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?■Yes 0 No • If yes,identify the firm and individual providing the service. Jeremy Yee,Kimley-Horn 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 accurE,t ;,mderstand 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. Car Spa c gyi____ .1414..„---e"...FO„e ______ Applic t Signature Crud A- Bndn' c.Yccv4t Vice Preeic2+ & CC Print Name and Title i-6 -;-022 Date Is the applicant also the owner of the subject property? 0 Yes •No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 04.26.2022 s4eature Print Name Hoa N. Dao 31 Car Spa, Inc Agenda Item 3 Page 16 Disclosure Statement Disclosure Statement City of Virginia 8eudi Planning&Community Development Owner Disclosure - Owner Name General Booth Venture,LLC Applicant Name Car Spa,Inc.(Contract Purchaser) Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes ❑ No • if yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) (r a'ierct f 150 v f k tits/ 'tut(' ( LC_ Co - /kaKq 9(f S nic e A . /3er lrr'l MA L LAf le r • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ® 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 09.2020 5 I ; - Car Spa, Inc Agenda Item 3 Page 17 Disclosure Statement Disclosure Statement V13 city of Yuyinin Rc dr Planning&Commun' ` 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 ANo • 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? cFlYes ❑No If yes,identify the company and individual providing the service. Vt i 1 u re R'C a I fti y (j-r-o u p - f a 1-e -c 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?Of_Yes ❑No • If yes,identify the firm and individual providing the service. r5 PO Key%ot 2%qq ci 9 4. Does the Owner have services from an architect/landscape architect/land planner provoeANo d in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes • If yes,identify the firm and individual providing the service 5 Is:here any other pending or proposed purchaser of the subject property?❑Yes ilkNo ▪ I`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 PNo • 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 firjn and individual providingL the service. ' cwt It - �'�"ar ►1 — f rr,. Revised 11.09.2020 6 I p a E; Car Spa, Inc Agenda Item 3 Page 18 Disclosure Statement Disclosure Statement (Say cf►vytruu a, : Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?, Yes ❑ No • if yes,identify the firm and individual providing legal the service. Veu 1vr' (Zen (f V (roue lN'i I(icw f{a r►-is0 ti 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. General Booth V lure,LLC By. (.0 lta 14119e _ G°/' ,0,✓A 1.�.. Owner Signatur ( Trvte 4 • 13tr/%'1 wrap{ L . t 4r/� r Print Name and Title / g/ Xq /Zi Date Revised 11 09 2020 7 Car Spa, Inc Agenda Item 3 Page 19 Disclosure Statement car Directors 1. John G.Rangos 2. Alexander Rangos Officers 1. Chairman&CEO-Alexander Rangos 2. Executive Vice President&COO-Bruce Bender 3. Executive Vice President&CFO-Erdo Eminoglu 4835 L81 FREEWAY,SUITE 650•DALLAS,TX 75244•TEL 469.374.0208 Car Spa, Inc Agenda Item 3 Page 20 Disclosure Statement Car Car Spa Inc. Subsidiaries: 1. Car Spa Atlantic Blvd. 2. Car Spa GA Holdings L.P. 3. Car Spa Marietta L.L.C. 4. Car Spa 0019 Beverage 5. Car Spa Virginia Beach I LLC 6, Car Spa Farmers Branch LLC 7. Car Spa Plano L.L.0 8. Car Spa(Webster)200 Bay Area Blvd.L.P. 9. Car Spa(DE)Texas,Inc. 10. Real Estate Trust IV,LL.0 11.CS 350 Beltline L.P. 12. Car Spa Texas Holdings LP. 13, Car Spa Eldridge I L.P. 14. Clearlake I,L.P. 15, Car Spa Midtown I LP. 16. Car Spa Coit Rd.L.P. 4835 L8J FREEWAY,SUITE 650•DALLAS,TX 75244•TEL 469.374.0208 Car Spa, Inc Agenda Item 3 Page 21 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Car Spa, Inc Agenda Item 3 Page 22 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item #3 Car Spa, Inc. [Applicant] General Booth Venture, LLC [Property Owner] Conditional Use Permit (Car Wash Facility) Address: Portion of parcel on the northeast corner of General Booth Boulevard and Prosperity Road RECOMMENDED FOR APPROVAL—CONSENT Chairman Wall: Okay, thank you. The next order of business is the consent agenda. And I'm going to turn that over to Vice Chair Alcaraz to run that portion of the meeting. Vice Chair Alcaraz: Thank you, Mr. Chair. Today, we have seven items on the consent agenda. These applications that are recommended for approval by staff and the Planning Commission concurred that there are... And if there's no speakers in opposition, that we will be putting them on the consent agenda. Agenda item number three is a Conditional Use Permit for a car wash facility at the Northeast corner of General Booth Boulevard and Prosperity Road, and the applicant, Car Spa Incorporated, is their representative. There you go. Eddie Bourdon: Thank you, Mr. Alcaraz. Members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney. I represent Car Spa. I wanted to mention that Mr. Bruce Berlin, with General Booth Venture, LLC, who are the owners and developers of the property and the extra parcel to the North of this parcel is under their ownership. My applicant, in this case, Car Spa, is contracted by this piece of property. Also, Danielle Dansing with Kimley Horn are civil engineers here as well. Thank Hoa for all of his diligent efforts on this application and all eight conditions as staff has recommended are acceptable to the applicant. Vice Chair Alcaraz: Thank you. Eddie Bourdon: Thank you. Vice Chair Alcaraz: 1 Is there any opposition to this item being on the consent agenda? Hearing none, I ask Commissioner Weiner to read this item for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a request for a Conditional Use Permit for a car wash facility. In 2019, City Council granted a Conditional Use Permit request for operations of an automobile service station, Wawa, on the Northeast corner of Prosperity Road and General Booth Boulevard. The 9.48 acre parcel zoned B2 Community Business was proposed to be subdivided into two lots with the Wawa site occupying 5.51 acres in the Southern lot. There were no immediate plans for the remaining 3.97 parcel. The applicant now seeks to subdivide the Northern 3.97 acres into two lots with 2.21 acre and 1.76 acre lot. The applicant plans to develop 2.21 acre site with 5,700 square foot automated car wash facility. We recommend approval and put it on the consent agenda. Vice Chair Alcaraz: Okay. Thank you, Mr. Weiner. Agenda item number four is a Conditional Use Permit for motor vehicle rentals at 1112 Lynnhaven Parkway for Enterprise Leasing Company of Norfolk Richmond, LLC. Is their representative here to speak today? Eddie Bourdon: Thank you, Mr. Alcaraz and Commissioners. For the record, Eddie Bourdon, Virginia Beach attorney representing Enterprise. I believe Ms. Kayley Krug with Enterprise is with us this afternoon. And I want to thank Michaela again for a very thorough job in evaluating and keeping us on our toes with this application. All 15 conditions are acceptable to the applicant and we appreciate being on the consent agenda. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none. I ask Commissioner Bradley to read this item for the record. Commissioner Bradley: Thank you. The applicant is requesting a Conditional Use Permit for motor vehicle rentals on a one acre parcel zone B2 Community Business District. The site is currently developed with a 3,200 square foot building with an overhead canopy and accessory structure. The buildings on site were constructed in 1975 and were previously occupied by a restaurant with a drive through and a short term loan title business. The applicant proposes to display no more than 25 vehicles at any one time on the site. No automobile repair is proposed and staff is recommending a condition to prohibit that activity. The Planning staff recommended this. There was no known opposition, so Planning Commission decided to put it on the consent agenda. 2 Vice Chair Alcaraz: Thank you. Agenda item number five is a Conditional Use Permit for family daycare at the home at 1712 Moon Valley Drive for Nora Nimely. Is their representative here today? Please come forward and state your name. Hi. Nora Nimely: Good afternoon. My name is Nora. Vice Chair Alcaraz: Thank you. Do you accept all the conditions? Nora Nimely: Yes, I do. Vice Chair Alcaraz: Thank you. You may be seated. Nora Nimely: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Oliver to read this item for the record. Commissioner Oliver: Thank you. This is a request for a Conditional Use Permit to operate a family daycare home for up to eight children within the applicant's single family dwelling in the Lake Placid neighborhood. The applicant has over 10 years of experience in caring for children and the designated outdoor play air area is located in the backyard and is enclosed with a six foot solid privacy fence. The typical hours of operation are proposed as 6:30 AM to 6:00 PM Monday through Friday. Staff found the property to be well organized and well kept. This request for a Conditional Use Permit for a family daycare home, in staffs opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff recommends approval of this request with the conditions listed below, and therefore we have placed it on the consent agenda. 3 Vice Chair Alcaraz: Thank you. Agenda item number six for a Conditional Use Permit for home occupation located at 4500 Hollingsworth Lane, applicant Baking It, Caking It LLC. Is the applicant here? Please come forward. Hi, can you state your name for the record? Brianna Small: Brianna Small. Vice Chair Alcaraz: Thank you. You accepted the conditions? Brianna Small: Yes. Vice Chair Alcaraz: Thank you. Brianna Small: Thank you. Vice Chair Alcaraz: You can be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have Commissioner Klein to read this item for the record. Commissioner Klein: The applicant is requesting a Conditional Use Permit for a home occupation to operate a commercial kitchen in the 460 square foot attached to garage of their single family dwelling in the Glenwood neighborhood. It is the applicant's desire to prepare baked goods and deliver them to customers at offsite locations. The applicant will be the sole operator of the kitchen. No other employees are proposed for this in-home business. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Agenda item number nine, Modification of Proffers at 5453 Wesleyan Drive for RVB3, LLC. Is their representative today here to speak with the item? Come forward and state your name, please. 4 Todd Roethlisberger: Hi, good afternoon. Todd Roethlisberger, attorney with Poole Brooke Plumlee on behalf of RVB3, the applicant. Good afternoon, Mr. Chairman and members of the Commission, appreciate being on the consent agenda. We do agree to the terms set forth and appreciate Ms. Nowak's assistance with this application as well. Vice Chair Alcaraz: Great. Appreciate that. Todd Roethlisberger: Thank you. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Weiner to please read this for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Modification of Proffers. The applicant is requesting a Modification of Proffers to redevelop a former Sonic drive-in restaurant building into a Little Caesars restaurant. The building is located on a 25,204 square foot out parcel in Wesleyan Common Shopping Center. We recommend approval of the Modifications of Proffers and place this on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number 12, which is a Conditional Use Permit for a craft distillery at 712 Atlantic Avenue for Waterman Spirits, LLC. Please come forward. Eddie Bourdon: Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing Waterman Spirits, LLC. Again, Brandon's done a very good job on this application, asked us a lot of questions, got a lot of answers from us, and all six conditions as recommended in the staff report are acceptable to the applicant. Vice Chair Alcaraz: Thank you. Eddie Bourdon: Thank you. 5 Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bradley to read this for the record. Commissioner Bradley: The applicant is requesting a Conditional Use Permit to operate a craft distillery at 712 Atlantic Avenue. The property consists of multiple structures and uses including The Shack, which is primarily an outdoor resort establishment with dining, entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. There is an existing 9,300 square foot masonry building on the Southern portion of the property. The craft distillery will produce and sell spirits with an 1,800 square foot portion of the existing structure facing Atlantic Avenue. Planning staff recommended this conditional use permit and Planning Commission has put it on the consent agenda. Vice Chair Alcaraz: Thank you. Kay Wilson: Mr. Frankenfield. Commissioner Frankenfield: Oh, are we ready to vote? Kay Wilson: No, I'm just ready for you to abstain. Commissioner Frankenfield: I need to abstain from The Festival, LLC. I am a service provider for that company and my company is at 1400 Woodhouse Road, Virginia Beach, Virginia. Thank you. Vice Chair Alcaraz: All right. Agenda item number 15 is a Conditional Use Permit for a short term rental at 410 22nd street, Unit B for Coastal Accommodations, LLC. Is there a representative here today to speak on this item? Please come forward. Just state your name for the record. Grace Morris: Grace Morris. 6 Vice Chair Alcaraz: Okay. Thank you. Are the conditions acceptable to you? Grace Morris: Yes. Vice Chair Alcaraz: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Klein to read this for the record. Commissioner Klein: This 20,800 square foot lot is zoned OR, Oceanfront Resort. According to city records, it is a two bedroom town home constructed in 2015. The owner submitted a Conditional Use Permit request to operate a short term rental on site. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places following applications on the consent agenda: items number three, four, five, six, nine, 12, and 15. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent of agenda items three, four, five, six, nine, 12, and 15? Commissioner Weiner: Second. Chairman Wall: Okay. All right. I guess he's already said you made a motion. Okay, thank you. Okay. So hearing seconds. Are there any Planning Commissioners besides Mr. Frankenfield that are abstaining on any of the agenda items that are on the consent agenda? Okay. The motion for approval is by Mr. Alcaraz, and the second is by Mr. Weiner. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor, zero against, agenda items three, four, five, six, nine, and 15 have been recommended for approval. Agenda item 7 number 12 by recorded vote of eight in favor, zero against, with one abstention by Commissioner Frankenfield, agenda item number 12 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Full Service Car Wash Prepared for Car Spa — Site Landscape Exhibit," prepared by Kimley Horn, dated December 31, 2021, 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, post wash canopy, vac building, vacuum stations, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Car Spa," prepared by NCA Partners Architecture, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Department of Planning & Community Development. 3. When the property is developed, the freestanding sign shall be in substantial conformance with the submitted exhibit entitled, "Car Spa," prepared by S State Sign, Revised March 17, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. At the time of site plan review, a Landscape Plan that reflect the plantings depicted on the submitted Plan, noted in Condition 1, along with all applicable requirements of the Zoning Ordinance, shall be submitted to the Development Services Center for review and shall obtain an approval prior to the issuance of a building permit. 5. As depicted on the Plan, noted in Condition 1, the row of evergreen trees along the vacuum stations shall be installed at a minimum of four(4) feet in height and be allowed to grow and be maintained at a height of no less than six (6) feet. 6. All light fixtures on the site shall be no taller than 14 feet in height and shall be shielded to be contained on site. 8 7. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 7:00 p.m. daily. 8. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, 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. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator. 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. 9 I R7.5 Encti---- anted For e st L, ,,:, an e \\' \ ,, . \ 1 \ I cl%- \ 4\ 411 . ,, 0 \ , , , \ , *.. „. po , , / las \ ue. , , R 7.5 / 0 --,K),\\' ,,, ,,, O \ A. L , O O R7.5 i a c RN , 0 s \ 1) ' \, ------\\ \ <_., \ / coO ------t- • illo .. (:). R7�5 0 , i:. 0 � , _zik-\ \ I ' 'r3 r"-7 /...., . rA Site w"�'� t: Nora Nimely NsW'' Property Polygons 1712 Moon Valley Drive S Zoning Building - Feet 0 15 30 60 90 120 150 180 c ,..„,, , 4 ,s,,.....4„,,,,, if % -c,,, v,. „,...„ , .,,,, ,,,..,,,.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORA NIMELY [Applicant & Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1712 Moon Valley Drive GPIN 1495948013). COUNCIL DISTRICT 5, formerly Rose Hall MEETING DATE: May 17, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to eight children within her single-family dwelling in the Lake Placid neighborhood. A Family Day-Care Home with four or less children is permitted by- right in residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. The 8,241 square foot parcel is zoned R-7.5 Residential District. The typical hours of operation are proposed as 6:30 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The applicant has over 10 years of experience caring for children. The designated outdoor play area is located in the backyard and is enclosed with a six-foot tall solid privacy fence. The property appears to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and substantiality of great neighborhoods per the Comprehensive Plan. A similar application for in-home daycare in the vicinity was approved by City Council in 2013 and has been operating without incident. While the applicant intends to care for up to eight children, typical approvals are for up to 12, as it has been common for applicants over time to request an increase in the number of children in their care, thereby requiring a modification and additional consideration by both the Planning Commission and City Council. The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process, but no more than 12, due to ages of the children, whether an assistant is employed, and other policies established by the Department of Social Services. 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. Nora Nimely Page 2 of 2 ■ Recommendation: On April 13, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. • 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 i(// City Manager: OP Applicant Nora Nimley Property Owners Tom & Nora Nimley Agenda Item Planning Commission Public Hearing April 13 2022 Cinf City Council District District S,formerly ,Rose Hall 5 Virginia Beach Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation London Approval I sr,d9e Road pP p Horse Pasture Road Staff Planner Dan)Neck Road Michaela D. McKinney Location -u 1712 Moon Valley Drive GPIN a 1495948013 . lfri a Site Size '�� 8,241 square feet ca AICUZ / a 70-75 dB DNL ( OOP Watershed Southern Rivers Existing Land Use and Zoning District . 4 Single-family dwelling/ R-7.5 Residential a - 4 s Enc.an.�� '. _ ,„,, estLar • Surrounding Land Uses and Zoning Districts *{ A• '.' e •:E r North ;i., ;R r '� Single-family dwelling/R-7.5 Residential I . ;! South �.. •}- I; Single-family dwelling/ R-7.5 Residential �• .� ;"' r East ir l'iC ,_ - , -R �., ' , Single-family dwelling/ R-7.5 Residential N a, ,, # ; �t` . , , West t 1 ? . Single-family dwelling/R-7.5 Residential , - i '-,. I. t , -- 4,,,,,,. .. -IL .'. . . .„ki 'r'' Nora Nimley Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to eight children within her single-family dwelling in the Lake Placid neighborhood.The 8,241 square foot parcel is zoned R-7.5 Residential District. • The applicant has over 10 years of experience caring for children. • The designated outdoor play area is located in the backyard and is enclosed with a six-foot tall solid privacy fence. • The typical hours of operation are proposed as 6:30 a.m. to 6:00 p.m., Monday through Friday. I�—/lam -/l � s I a fne ye rated Forest\ Zoning History ';" tit # Request ,(3c 1 CUP(Family Day Care Home)Approved 08/13/2013 O R7.a z, \ Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for Conditional Use Permit for a Family-Day Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well kept, successfully promoting the policies intended to ensure the maintenance and substantiality of great neighborhoods. A similar application for in-home daycare in the vicinity was approved by City Council in 2013 and staff is not aware of any incidents at that location. A Family Day-Care Home with four or less children is permitted by-right in residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. While the applicant intends to care for up to eight children,Staff typically recommends approval for up to 12, as it has been common for applicants to increase the number of children, thereby requiring a modification and additional consideration by both the Planning Commission and the City Council. The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process, but no more than 12, due to ages of the children,whether an assistant is employed, and other policies established by the Department of Social Services. Nora Nimley Agenda Item 7 Page 2 Staff recommends conditions that pick-up and drop-off times be staggered and to allow only one Home Occupation operating on the property at one time to alleviate the potential for congestion in the right-of-way. In Staffs view, Family Day-Care Homes provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12)children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 of Virginia Beach. The general planning principles for the Suburban Area focus on creating and maintaining "great neighborhoods" which are sustainable, stable, and supported by complementary non-residential uses. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and Nora Nimley Agenda Item 7 Page 3 attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Moon ValleyDrive No Data Available Existing Land Use 2—10 ADT Proposed Land Use 3—42 ADT 'Average Daily Trips 2 as defined by a single-family 3as defined by a single-family 4 LOS=Level of Service dwelling dwelling with a Family Day-Care Home Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Moon Valley Drive in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water& Sewer This site is currently connected to City water and gravity sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on March 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022 and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. Nora Nimley Agenda Item 7 Page 4 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 2, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departmentsJcity-clerkJcity-council/Documents/BookmarkedAgenda.pdf on May 13, 2022. Nora Nimley Agenda Item 7 Page 5 Site Layout WOShrubs — Existing Privacy Fence 11 Existing Dwelling 00 • S. • • • • • • • • +,A,4 't? 6° • di (4,* • w • 0.41, 41, • S. • -44*, Trk \ . 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'''',, ",;_.,.....„,,,....jr.pam.,,,e,. +.:-:.1-7.-:,,.,;:42.:1,,,:,. ,,,,.::•;ceellikirs., 3 ......:*_:‘,1',.,''';‘,. ,:...",,,,:..:zi....•JA• ,L‘,......1.7.....1.7....,..44„.. •7,11.tt.a' ., ...-''.q.'". -.0.. . 1. , 1i0e. ,...--5,,s ,,- •' ''. . 4-- -- . -t.. .. k-N.: -, ..,_.. -_,.....,•• Nora Nimley Agenda Item 7 Page 8 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Nora Nimely Does the applicant have a representative? ❑Yes It No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 1111 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 S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Nora Nimley Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement Ceti 411 vi..Ikeda 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. Mortgage.Service provided by LOANCARE.3637 SENTARA WAY.VIRGINIA BEACH,VA 23452 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?it Yes ❑ No • If yes,identify the firm and individual providing the service. ACCOUNTING EASE.ACCOUNTANT,MR.AMAN MASSAQUOI 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 el 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 if No • If yes,identify the purchaser and purchaser's service providers. � 1 , _ . Nora Nimley Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement City al Vrpma&me 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?D Yes 0 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 I 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?0 Yes in 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. Appl cant Signature Print Name and Title Nora Nimely Date ©/f 3/ 2,2 Is the applicant also the owner of the subject property? It 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 i 05/02/2022 signature 1y2feh e.12 P. Print Nife Michaels D.McKinney 31 Nora Nimley Agenda Item 7 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Nora Nimley Agenda Item 7 Page 12 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item #5 Nora Nimely [Applicant& Property Owner] Conditional Use Permit (Family Day-Care Home) Address: 1712 Moon Valley Drive RECOMMENDED FOR APPROVAL— CONSENT Vice Chair Alcaraz: Thank you. Agenda item number five is a Conditional Use Permit for family daycare at the home at 1712 Moon Valley Drive for Nora Nimely. Is their representative here today? Please come forward and state your name. Hi. Nora Nimely: Good afternoon. My name is Nora. Vice Chair Alcaraz: Thank you. Do you accept all the conditions? Nora Nimely: Yes, I do. Vice Chair Alcaraz: Thank you. You may be seated. Nora Nimely: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Oliver to read this item for the record. Commissioner Oliver: Thank you. This is a request for a Conditional Use Permit to operate a family daycare home for up to eight children within the applicant's single family dwelling in the Lake Placid neighborhood. The applicant has over 10 years of experience in caring for children and the designated outdoor 1 play air area is located in the backyard and is enclosed with a six foot solid privacy fence. The typical hours of operation are proposed as 6:30 AM to 6:00 PM Monday through Friday. Staff found the property to be well organized and well kept. This request for a Conditional Use Permit for a family daycare home, in staffs opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff recommends approval of this request with the conditions listed below, and therefore we have placed it on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number six for a Conditional Use Permit for home occupation located at 4500 Hollingsworth Lane, applicant Baking It, Caking It LLC. Is the applicant here? Please come forward. Hi, can you state your name for the record? Brianna Small: Brianna Small. Vice Chair Alcaraz: Thank you. You accepted the conditions? Brianna Small: Yes. Vice Chair Alcaraz: Thank you. Brianna Small: Thank you. Vice Chair Alcaraz: You can be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have Commissioner Klein to read this item for the record. Commissioner Klein: The applicant is requesting a Conditional Use Permit for a home occupation to operate a commercial kitchen in the 460 square foot attached to garage of their single family dwelling in the Glenwood neighborhood. It is the applicant's desire to prepare baked goods and deliver them to customers at offsite locations. The applicant will be the sole operator of the kitchen. No other employees are proposed for this in-home business. Staff recommends approval and the Commission agrees. 2 Vice Chair Alcaraz: Thank you. Agenda item number nine, Modification of Proffers at 5453 Wesleyan Drive for RVB3, LLC. Is their representative today here to speak with the item? Come forward and state your name, please. Todd Roethlisberger: Hi, good afternoon. Todd Roethlisberger, attorney with Poole Brooke Plumlee on behalf of RVB3, the applicant. Good afternoon, Mr. Chairman and members of the Commission, appreciate being on the consent agenda. We do agree to the terms set forth and appreciate Ms. Nowak's assistance with this application as well. Vice Chair Alcaraz: Great. Appreciate that. Todd Roethlisberger: Thank you. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Weiner to please read this for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Modification of Proffers. The applicant is requesting a Modification of Proffers to redevelop a former Sonic drive-in restaurant building into a Little Caesars restaurant. The building is located on a 25,204 square foot out parcel in Wesleyan Common Shopping Center. We recommend approval of the Modifications of Proffers and place this on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number 12, which is a Conditional Use Permit for a craft distillery at 712 Atlantic Avenue for Waterman Spirits, LLC. Please come forward. Eddie Bourdon: Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing Waterman Spirits, LLC. Again, Brandon's done a very good job on this application, asked us a lot of questions, got a lot of answers from us, and all six conditions as recommended in the staff report are acceptable to the applicant. Vice Chair Alcaraz: 3 Thank you. Eddie Bourdon: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bradley to read this for the record. Commissioner Bradley: The applicant is requesting a Conditional Use Permit to operate a craft distillery at 712 Atlantic Avenue. The property consists of multiple structures and uses including The Shack, which is primarily an outdoor resort establishment with dining, entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. There is an existing 9,300 square foot masonry building on the Southern portion of the property. The craft distillery will produce and sell spirits with an 1,800 square foot portion of the existing structure facing Atlantic Avenue. Planning staff recommended this conditional use permit and Planning Commission has put it on the consent agenda. Vice Chair Alcaraz: Thank you. Kay Wilson: Mr. Frankenfield. Commissioner Frankenfield: Oh, are we ready to vote? Kay Wilson: No, I'm just ready for you to abstain. Commissioner Frankenfield: I need to abstain from The Festival, LLC. I am a service provider for that company and my company is at 1400 Woodhouse Road, Virginia Beach, Virginia. Thank you. Vice Chair Alcaraz: 4 All right. Agenda item number 15 is a Conditional Use Permit for a short term rental at 410 22nd street, Unit B for Coastal Accommodations, LLC. Is there a representative here today to speak on this item? Please come forward. Just state your name for the record. Grace Morris: Grace Morris. Vice Chair Alcaraz: Okay. Thank you. Are the conditions acceptable to you? Grace Morris: Yes. Vice Chair Alcaraz: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Klein to read this for the record. Commissioner Klein: This 20,800 square foot lot is zoned OR, Oceanfront Resort. According to city records, it is a two bedroom town home constructed in 2015. The owner submitted a Conditional Use Permit request to operate a short term rental on site. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places following applications on the consent agenda: items number three, four, five, six, nine, 12, and 15. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent of agenda items three, four, five, six, nine, 12, and 15? Commissioner Weiner: Second. Chairman Wall: Okay. All right. I guess he's already said you made a motion. Okay, thank you. Okay. So hearing seconds. Are there any Planning Commissioners besides Mr. Frankenfield that are 5 abstaining on any of the agenda items that are on the consent agenda? Okay. The motion for approval is by Mr. Alcaraz, and the second is by Mr. Weiner. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor, zero against, agenda items three, four, five, six, nine, and 15 have been recommended for approval. Agenda item number 12 by recorded vote of eight in favor, zero against, with one abstention by Commissioner Frankenfield, agenda item number 12 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front façade of the house. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 6 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7 \ .._________.....",_ ' ____------- , ,\ Z\\ RT3 �, -t \\\ .0 � ` R5S �, 1 5 OR \\\ 7 \ , ' 6, ` `_ � � R5S � et OR gth Stre 0 Street BO% - 0:R J A18_33 OR -o0.‘ . Asia 0 -il ORC) A t eet � h-Str with S_ t. eet -A 7 9iR ' R5 0 cp OR \__, , , N r A Site w �� ; Waterman Spirits, LLC `�;� Property Polygons 712 Atlantic Avenue s Zoning Building Feet 0 25 50 100 150 200 250 300 J;;"/. bid �� NYtzj . i' J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WATERMAN SPIRITS, LLC [Applicant] FESTIVAL, LLC [Property Owner] Conditional Use Permit (Craft Distillery) for the property located at 712 Atlantic Avenue (GPIN 24272359400000). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: May 17, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a Craft Distillery at 712 Atlantic Avenue, on property zoned OR Oceanfront Resort District. The property consists of multiple structures and uses, including "The Shack." In May 2021, City Council approved an application for Alternative Compliance for outdoor dining and entertainment, outdoor recreation, a commercial parking lot, an open- air market, and recurring special events on site with various outbuildings and structures that do not meet the build-to zone or parking setback requirements and was subject to several conditions. The Craft Distillery will be a joint venture with the Chesapeake Bay Distillery, an existing Craft Distillery within the Oceanfront Resort District, and plans to produce approximately 200 bottles per week. Both the production and sales of these spirits will occur within an 1,800 square foot portion of an existing 9,300 square foot structure that fronts Atlantic Avenue. The anticipated hours of operation for the distillery are 11:00 a.m. to 10:00 p.m. and will be open daily. The façade and windows of the existing building facing Atlantic Avenue will be upgraded, along with significant renovations to the interior of the structure, including the construction of a bar, a seating area, and a new bathroom. • Considerations: The proposed Craft Distillery is consistent with the RASAP 2030 vision of street activation, beautification, and creation of a sense of arrival at the Oceanfront. The use will be compatible and complementary with the existing outdoor resort establishment on the site and will add an additional feature to passersby along Atlantic Avenue. The renovation of the building with the introduction of the Craft Distillery is designed at a pedestrian scale with ground-level transparency and façade articulation. It will also serve as an additional amenity for both residents and visitors. While there is not a minimum parking requirement for this property due to its location at the oceanfront, the site has 32 existing privately metered parking Waterman Spirits, LLC Page 2 of 2 spaces for patrons of the Craft Distillery, The Shack, or any other visitors to the resort area. Due to the resort nature of this area, it is anticipated that the proposal will not have any negative impacts on the adjacent properties. 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 13, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, with 1 abstention, to recommend approval of this request. Enter Conditions • 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 Waterman Spirits, LLC Property Owner Festival, LLC Agenda Item Planning Commission Public Hearing April 13, 2022 ciry��I City Council District District 5,formerly Beach 12 Virginia Beach Request Conditional Use Permit (Craft Distillery) Staff Recommendation .btt,St,e.` x Olt,Sty mot n tath5veet Approval i5tt,street y 1Ath Street 4 f+ 1 Staff Planner t3thSt,eet r-" s Brandon Hackney c ; aNe t o la t 1J 3 Location R Nod Wit` 712 Atlantic Avenue h str ee et GP I N µarYta�d pver.0 ve^Ue 10,strect 24272359400000 °�' ��A pveh°e bth Stre�t` } t r,a pven"e p1tsY Site Size . GarOH,9h 9°'Aver 5th St 62,144 square feet _ Teoa""::tempoe^"e 1 =g- \ w to AICUZ �, _ �S rt 65-70 dB DNL; Sub-Area 1 \_ Watershed tli Atlantic Ocean Existing Land Use and Zoning District = -�-- Outdoor Event Venue, Eating and Drinking N.- Establishment /OR Oceanfront Resort Surrounding , t \. i 1 itt Land Uses and ZoningDistricts ''',c a North % ` Parking Garage /OR Oceanfront Resort ' ir• t i i South ;y �, . ; ,E. Alley ,. `` Eating and Drinking Establishment, Retail, , +'?' Parking Garage /OR Oceanfront Resort r` i East 4 b �:� ! ,.. '' n -t t Atlantic Ave Hotel /OR Oceanfront Resort � t�l_ ,0.1 a West l ,�. ;� t Pacific Ave .' ..1 Lake Holly Waterman Spirits, LLC Agenda Item 12 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Craft Distillery at 712 Atlantic Avenue, on property zoned OR Oceanfront Resort District. The property consists of multiple structures and uses, including "The Shack", which is primarily an outdoor resort establishment with dining, entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. • The Shack was granted Alternative Compliance by City Council in May of 2021 for outdoor dining and entertainment, outdoor recreation, a commercial parking lot, an open-air market, and recurring special events on site with various outbuildings and structures that do not meet the build-to zone or parking setback requirements and was subject to several conditions.The plans for this proposal have been submitted to the Development Services Center of the Planning Department and are currently under review in the final site plan review process. • There is an existing 9,300 square foot masonry building on the southern portion of the property. The Craft Distillery will produce and sell spirits within an 1,800 square foot portion of this existing structure facing Atlantic Avenue. • The anticipated hours of business operation for the distillery are 11:00 a.m. to 10:00 p.m. and will be open daily. • The facade and windows of the existing building facing Atlantic Avenue will be upgraded, along with significant renovations to the interior of the structure, including the construction of a bar, a seating area, and a new bathroom. • The distilling at this location anticipates production of approximately 200 bottles a week. • The proposed Craft Distillery is joint venturing with Chesapeake Bay Distillery, an existing Craft Distillery within the Oceanfront Resort District,where additional distilling capacity for Chesapeake Bay Distillery line of spirits will be available. • The Oceanfront Resort Form-Based Code does not require any spaces for non-residential uses east of Pacific Avenue; however,the site has thirty-two existing metered parking spaces for patrons of the Craft Distillery,The Shack, or any other visitors to the resort area. ss OR , \ QR y \ NorfoIr A"_ 5n'street • `'----__ OR ) \ 1\ ' ' \ \-', I12\ '" '''''''\ \r Zoning History S �� # Request '/ 1 ALT(Outdo: :: hishrnent) r REstab Approved , , 05/25/2021 i - • � � oR STC 1996 r— � '' , \ 2 STC Approved 12/11/1996 bR `� 7lhslN•t � `_� i A Y `!` CO E}� — -6:.11142— i Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Waterman Spirits, LLC Agenda Item 12 Page 2 Evaluation & Recommendation The proposed application for a Conditional Use Permit for a Craft Distillery is, in Staff's opinion, acceptable. The business is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and fostering the Oceanfront Corridor, which is designated to activate the streetscape by providing amenities for both residents and visitors with enhanced storefront features and a built environment at a pedestrian scale. As this area welcomes thousands of people to Virginia Beach, it is important that it be a beautiful and an inviting place for pedestrians to shop and dine, as well as carry a significant amount of traffic. 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. The proposed improvements to the facade and the building will enhance the streetscape and pedestrian interaction along this corridor. To the west of the property is Pacific Avenue, a Gateway frontage type, which is intended to carry the heaviest volumes of vehicular traffic through the district. Accordingly, the parking lot will be located on this portion of the site. The use is compatible and complementary with the existing outdoor resort establishment on the site and will add an additional feature to passersby along Atlantic Avenue. The renovation of the building with the introduction of the Craft Distillery is designed at a pedestrian scale with ground-level transparency and facade articulation. It will also serve as an additional amenity for both residents and visitors. Due to the resort nature of this area, it is anticipated that the proposal will not have any negative impacts on the adjacent properties. The request for a Conditional Use Permit to allow a Craft Distillery at the Oceanfront is consistent with the RASAP 2030 vision of street activation, beautification, and creation of sense of arrival at the Oceanfront. Based on these considerations, Staff recommends approval of the application, subject to the conditions below. Recommended Conditions 1. An occupancy load for the Craft Distillery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Distillery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. All signage associated with the Craft Distillery 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 separate sign permit from the Planning Department shall be required for the installation of any signage. 5. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 6. There shall be no sale or consumption of alcoholic beverages on the premises between 10:00 p.m. and 11:00 a.m. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Waterman Spirits, LLC Agenda Item 12 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Resort Strategic Growth Area (SGA), which is designated as one of the eight urban areas in Virginia Beach that encourages land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities,with a variety of civic, commercial, artistic, and ethnically diverse areas. The property is located within the Oceanfront Corridor sub area, as designated by the Resort Area Strategic Action Plan (RASAP 2030), which is the main north-south connector in the Resort Area and is the area where the majority of visitors stay and gather. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be any significant natural resources or cultural features associated with the site, as it is fully developed with a multiple structures and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Atlantic Avenue 6,840 ADT1 12,500 ADT 1 LOS 4"D" Existing Land Use 2—No Data Available Proposed Land Use 3—No Data Available 'Average Daily Trips 2 as defined by an Eating and 3 No information available in the 4 LOS=Level of Service Drinking Establishment ITE Trip Generation Manual Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Atlantic Avenue in the vicinity of this site is a two-lane undivided minor urban arterial. There are no existing CIP projects for Atlantic Avenue in the vicinity of this site. Public Utility Impacts Water This site currently connects to City water. The existing two-inch domestic meter(City ID#95087437) can be used or upgraded to accommodate the proposed use. There is an existing 16-inch City water main along Atlantic Avenue and an eight-inch City water main along 8th Street. Sewer The site currently connects to City sanitary sewer.There is an existing 18-inch City sanitary sewer gravity main along Atlantic Avenue. Waterman Spirits, LLC Agenda Item 12 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022 and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.corn/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 13, 2022. Waterman Spirits, LLC Agenda Item 12 Page 5 Proposed Site Layout PACIFIC AVENUE (VARIABLE WIDTH R/W) ... '7t*i�a '%/' I ` so E,. '7 MiM - .- - ------7-1 ,d/ tordto•' •.1,04,1 lit J... 5.4,4en -*LE- •40- • ' . 1 I R.,....,..35 i R1124 44 i / /A 1 ,2 r114.4.111.117 Rifil.MC 7 I I p, / //��./.ice!../ f / ' 4A4A. . .11111 I _ HtItit t iI_ ,'i� H;.,,..:. } I : h111IflhI1 ill1 .^:: lls *--- i .�: g I I -. ..T 22.b•i u• Pergola ^• J,� �. ... n act? le ' 3.storm drain d,scharge5 its, rr k ) ." / through fats of curb liii Y_ 1 ?v 'af:3 a Liiaw a is I F z � a Y _ �Orti:r.2:::: :•a:^ « `�11pa s a _ � I d . h nr 3 : as..;xa::•••64e3� :aaaaaaaaR 1 ��•ar 1l rr a:a:sar::assa -�maga as 4 (1 Story Frame . AI7Sai.^aA«i NrAmi,. aaaa �1, R .. .. 7• � A Aaa7q .. 10 !Planter l�,0a. :« 2::aa::as a zn _ / pp .I as ssaAA "a::a^ `u i� '3 Y •: '^ : .......waa. •Lq AA iT k• :.. .«..7., I - �" .nr iii SLTwp`I •:iii7 R r ® BAR ^9 , EI^ a«a aa BLDG. Ian : i - • ^Saa 7Z t i • Proposed Craft rnu ` II ' • • ...rs'::.a .� / •7„•. Distillery '-' SUN:. • • s r. 1 �aA� r� 1800 sq ft a• f t;� • =1a"mz•n^ e I r t? t_ i • •, t. L- - iii ATLANTIC AVENUE (80' R/W) Waterman Spirits, LLC Agenda Item 12 Page 6 Proposed Floor Plan } 1I J. 11 11=1 1 -_ 1 0 - Q 1 ; 0 .,--------. Q ( ) 0° '' 0 I I _ (-1 (_.-0i�zI. �1 ---}.14 E-.9 j I (;, 0 1 , \ \ I m ! ' ! 1 a I I 7l.........)b b ,. O nr jl„' .0 .E ARZ•SS 0-...._c 1 ,i' 1 Q s .. n 6 a 4 , -0 L l .!S 19 D tr .6'b .0'.t W - 0 JJ W O _ 1 a -o H�, 9,E-a n c .9-.FI 'B Waterman Spirits, LLC Agenda Item 12 Page 7 Proposed Elevation r f •i 1 i i EXTERIOR ELEVATION - RENDERING Waterman Spirits, LLC Agenda Item 12 Page 8 Site Photos . - - ......_ . . - . .., : --------_----.------•----- _-:.; .4r 4, ....- .., ,.. ...1. ,.. ..,-.:...,,,...-. . 1 6. . 1 I 111* I -7- .... -..6,-• • • 1 ......_. _ \ 414..i rt • ‘ji-- - .01 lot•t-'-' 1 . •,-- ..1- _ . ' — ..... _-.......s.....-......k.21111, -...1101er tildiallillkigadijill -_--"" -- .. . . . 4 . --.:42.• :'11 4, . __,_ - - --- . • \:. roi;;;-,-,.• r, ......= . . ' 1 • .1-!;.?: • , •;- • - --kiiii"-- r.,4k \11111"" • t' i, • , .,--,--- - I#1. 1 : \' tt.rI i tW-1 t I 1g; r V.Tri ... 2 1 • V , ' " , _ :, -----rait A-t--...•1 •, „- _., ,-,_......-• 4,-:',1. 11\iti ,, - , '11-Ili .111.',„ I:4-'ff' I - - Mil IFORil,.. ' ' 0 11 47, i Waterman Spirits, LLC Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement \113 Ciro of Viroi,&u� 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 Waterman Spirits,LLC,a Virginia limited liability company Does the applicant have a representative? ■Yes _ ) No • If yes,list the name of the representative K .dward 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 al,officers,directors,members,trustees,etc.below. (Attach a list if necessary) Mariah Standing,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity-relationship with the applicant. (Attach a list if necessary) "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;n 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 Waterman Spirits, LLC Agenda Item 12 Page 10 Disclosure Statement Disclosure Statement tV cf 1':vu,w Beall Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of Me interest? Applicant Services Disclosure _. Does:he 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 Ousiness operat ng or to be operated on the property% � 1Yes • No • f 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 o= 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. DHG-Pat Shuler 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. 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 2i Waterman Spirits, LLC Agenda Item 12 Page 11 Disclosure Statement Disclosure StatementNa3 Planning&Cumitulit) Developtutatt 6 Does the applicant have a construction contractor in connection with the subject cf 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 D No • If yes,identify the firm and Individual providing the service. David Butler,Gallup Surveyors&Engineers,Ltd. 8. Is the applicant receiving legal services In connection with the subject of the app nation c•any business operating or to be operated on the property?[ Yes ❑No • If yes,identify the firm and individual providing the service. R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy.P.C. Applicant Si inature certify that all of the information contained in this Drsc.osure Statement Form is complete,true,and accurate. I unde'stand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Waterman Spirits, Applicant Mariah Standing,Sole Member Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes ii No I If yes,you co not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications j® No charges as of Dote j 0412'� MiaowA NA Il V`1 Print amine bT7(.11A,ADc�1.1 eke �a t traed 11 05.2020 3 1 P ge Waterman Spirits, LLC Agenda Item 12 Page 12 Disclosure Statement Disclosure Statement 1/13 fuy cf Vvgnoa stath 01.1111E, Planning&Community Development Owner Disclosure Owner Name Festival,LLC,a Virginia limited liability company Applicant Name Waterman Spirits,LLC,a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?M Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael J.Standing,Jr.&Mariah Standing,Members • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Chix Sea Grille,LLC The Shack 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?I Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Michael J.Standing,Jr.is a Member of the Economic Development Authority "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 commor 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. 51 Waterman Spirits, LLC Agenda Item 12 Page 13 Disclosure Statement Disclosure Statement V13 Cit a of ruyu.'u Bawd; Planning&Community • Development Owner Services Disclosure 1. Does the Owner 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. To'-,neBank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? E Yes • No • If yes,identify the company and indr,idual 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?II Yes ❑ No • If yes,identify the firm and individual providing the service. DHG-Pat Shuler 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?E 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 • 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?U Yes ❑ No • If yes,identify the firm and individual providing the service. David Butler,Gallup Surveyors&Engineers,Ltd. Revised 11 09 2020 6 Waterman Spirits, LLC Agenda Item 12 Page 14 Disclosure Statement Disclosure Statement 'Icy Bach Planning&Community Development 8. Is the Owner receiving legal services ir.cuf•u,:;iur 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. 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 rotification that the application has beer 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. Festival,LLC By: t Owner Signature Michael J.Standing,Member Print Name and Title i f 3j1Z2.— Date Revised 1 i 05 2020 7 a 6 t: Waterman Spirits, LLC Agenda Item 12 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Waterman Spirits, LLC Agenda Item 12 Page 16 Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 12 Waterman Spirits, LLC [Applicant] Festival, LLC [Property Owner] Conditional Use Permit (Craft Distillery) Address: 712 Atlantic Avenue RECOMMENDED FOR APPROVAL— CONSENT Chairman Wall: Okay, thank you. The next order of business is the consent agenda. And I'm going to turn that over to Vice Chair Alcaraz to run that portion of the meeting. Vice Chair Alcaraz: Thank you, Mr. Chair. Today, we have seven items on the consent agenda. These applications that are recommended for approval by staff and the Planning Commission concurred that there are... And if there's no speakers in opposition, that we will be putting them on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number 12, which is a Conditional Use Permit for a craft distillery at 712 Atlantic Avenue for Waterman Spirits, LLC. Please come forward. Eddie Bourdon: Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing Waterman Spirits, LLC. Again, Brandon's done a very good job on this application, asked us a lot of questions, got a lot of answers from us, and all six conditions as recommended in the staff report are acceptable to the applicant. Vice Chair Alcaraz: Thank you. Eddie Bourdon: Thank you. Vice Chair Alcaraz: 1 Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bradley to read this for the record. Commissioner Bradley: The applicant is requesting a Conditional Use Permit to operate a craft distillery at 712 Atlantic Avenue. The property consists of multiple structures and uses including The Shack, which is primarily an outdoor resort establishment with dining, entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. There is an existing 9,300 square foot masonry building on the Southern portion of the property. The craft distillery will produce and sell spirits with an 1,800 square foot portion of the existing structure facing Atlantic Avenue. Planning staff recommended this conditional use permit and Planning Commission has put it on the consent agenda. Vice Chair Alcaraz: Thank you. Kay Wilson: Mr. Frankenfield. Commissioner Frankenfield: Oh, are we ready to vote? Kay Wilson: No, I'm just ready for you to abstain. Commissioner Frankenfield: I need to abstain from The Festival, LLC. I am a service provider for that company and my company is at 1400 Woodhouse Road, Virginia Beach, Virginia. Thank you. Vice Chair Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places following applications on the consent agenda: items number three, four, five, six, nine, 12, and 15. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent of agenda items three, four, five, six, nine, 12, and 15? Commissioner Weiner: 2 Second. Chairman Wall: Okay. All right. I guess he's already said you made a motion. Okay, thank you. Okay. So hearing seconds. Are there any Planning Commissioners besides Mr. Frankenfield that are abstaining on any of the agenda items that are on the consent agenda? Okay. The motion for approval is by Mr. Alcaraz, and the second is by Mr. Weiner. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor, zero against, agenda items three, four, five, six, nine, and 15 have been recommended for approval. Agenda item number 12 by recorded vote of eight in favor, zero against, with one abstention by Commissioner Frankenfield, agenda item number 12 has been recommended for approval. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE Frankenfield ABSTAIN Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. An occupancy load for the Craft Distillery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Distillery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. All signage associated with the Craft Distillery 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 separate sign permit from the Planning Department shall be required for the installation of any signage. 5. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 3 6. There shall be no sale or consumption of alcoholic beverages on the premises between 10:00 p.m. and 11:00 a.m. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 't \ \ i 5D' 0` - W5is A 0 s .A 12 eet =._-"— �� d Str p n 23r , A1 2� j,, R5SA-iRT4 0QO Q1 \ ram* RSS� 1C3 ' r tC),1 R5D D _--------' - r d �- _ 23 - _ � reef � �� ,'\ \ 0Q eto_n ' ' \--, ' ‘‘, Zn ' i-i 0 , R 111,10 V 5 \o _ - _ - , ' \,, .? U = OR 0 ' ', \\ ofStreet` a 111* R5S ��Z2n ORV AS` ,--str t C� ' e cy• '0 R \ \L13, .' 'CIR 0 C „,\,cio ______ , , 1 Iti, 1 63 \c:11,3\--, _, 1 \--'\ ', \n\ \ 6, ____----- , ‘ ., 4 _ �v3\ c(R OR treat �' 1 S .011 \c3 .t220"� �__ _-'_ , �vi) , , i .Scree � , Na .., 0, ,--0 2ts_. 1 , IP -- \ 0 ! \ \\ ' ____--- cvs'i 0\R '__________ \ 1 , ori, no \ 1i-\- teat �\ �1f st -StNa iOR 2� \ \ OR , , _ OR--- .�/N►, r, A Site - w'�►\I� F �� Christopher & Cathleen Sprauer 14�J� Property Polygons 2200 & 2202 Mediterranean Avenue S Zoning p Building icicimmicm :DF 0 25 50 100 150 200 250 300 4Ear.�+ it i 0`y J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHRISTOPHER & CATHLEEN SPRAUER [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the properties located at 2200 & 2202 Mediterranean Avenue (GPIN 2417984520). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: May 17, 2022 • Background: The applicant is requesting Conditional Use Permits to operate two, three-bedroom Short Term Rentals within a 3,025 square-foot duplex structure at the corner of Mediterranean Avenue and 22nd Street. Constructed in 1955, the structure sits on a 5,849 square-foot parcel. The parcel is zoned OR - Oceanfront Resort and is within the boundaries of the Oceanfront Resort Short Term Rental Overlay District. The parcel sits on a city block bounded by 22nd 1/2 Street to the north, Mediterranean Avenue to the east, 22nd Street to the south, and Cypress Avenue to the west. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, and other resort-oriented uses. • Considerations: The subject property is near the eastern terminus of Interstate 264, which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the 21st & 22nd Street Gateways act as a major corridor through Central Beach, providing access to the Boardwalk and the Beachfront via the ViBe Creative District, the Old Beach Neighborhood, and other significant resort destinations. According to the applicant, over $100,000 of renovations are ongoing, including new interior finishes, structural enhancements, and updated landscaping. The site's mature trees afford vital urban greenery. Along with the quaint mid-century architecture and the structure's human scale, the property is not substantially in conflict with the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally, the units would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations, the use of the duplex units as Short Term Rentals is consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and citizens alike. For 2200 Mediterranean Avenue, there are two parking spaces located in the front paved driveway along 22nd Street, while an additional parking space is located in Christopher & Cathleen Sprauer Page 2 of 5 the rear paved driveway along the 22nd '/2 Street alleyway. For 2202 Mediterranean Avenue, all three parking spaces are located in the rear paved driveway along the 22nd IA Street alleyway. A small accessory structure at the rear was removed, freeing up additional space in the driveway. To meet the dimensional requirements for parking while keeping all spaces on-site, the applicant is agreeable to expanding the rear driveway by 2.5 feet to the east prior to operation. Per Section 2303 of the Zoning Ordinance, parking spaces created to comply with this condition shall not add additional impervious area to the site. This configuration is shown on the parking plans provided in this report. Additionally, the applicant has agreed to label the parking spaces to correspond to the unit each is associated with. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Staff received one letter of support and no known opposition to the request. ■ Recommendation: On April 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1 . The following conditions shall only apply to the dwelling units addressed as 2200 Mediterranean Avenue and 2202 Mediterranean Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. Christopher & Cathleen Sprauer Page 3 of 5 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. Christopher & Cathleen Sprauer Page 4 of 5 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Christopher& Cathleen Sprauer Page 5 of 5 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Support (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager 411VBApplicants & Property Owners: Christopher & Cathleen Agenda Items Sprauer 13 & 14 Planning Commission Public Hearing:April 13, 2022 City Council District: District 6,formerly Beach Virginia Beach Requests #13 - Conditional Use Permit (Short Term Rental) - 2200 Mediterranean Avenue #14-Conditional Use Permit (Short Term - ; : 29tt,s et Rental) - 2202 Mediterranean Avenue 7 428 th s tr e _-lb,i'', tree' 71th Street b 21 th s 26th:ee Staff Recommendation c , Approval 0,0OO r 1y a tee Staff Planner _ Levi Anthony Luckenbachsioe �3'd0 �� Location % 2"` . 2200& 2202 Mediterranean Avenue _ 0 q 1 19th s% tree418tti5"eet id va GPIN _ st o A......,_ BeaChBoute ::7::200000 Il 1 ,Attistfee' _. s 3 . 5,849 square feet Existing Land Use and Zoning District Mk ivo Duplex Dwellings/OR Oceanfront Resort ll-, Surrounding Land Uses and Zoning Districtsi ' ' *-;- *it ' \ ii-rx".... North .-• - 22nd 1/2 Street (Alley) Nt Single-Family Dwellings/R-5S Residential a e " f:..,,- ' • fit South 22nd Street Oin - �' Y Offices/OR Oceanfront Resort - �` r „iv ; %s ,' \ ��_ "n_i ,-"sue East i r ;,d+' " �, : ' ``-- Mediterranean Avenue �` ;�;� '° �t �� ._� ! ;re of Duplex Dwellings/OR Oceanfront Resort ix `z�' � f a West Duplex Dwellings/OR Oceanfront Resort Christopher& Cathleen Sprauer Agenda Items 13 & 14 Page 1 Background & Summary of Proposal Site Conditions and History • This 5,849 square-foot lot is zoned OR Oceanfront Resort. • According to City records,these three-bedroom duplexes were constructed in 1955. • Staff inspected the site on March 2, 2022 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • There are no past violations for Short Term Rental use at this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of March 14, 2022: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 111.311101"1F �j�1 t stt t r` '` �-` s „'" ee T N. f+e 1 �q_ _,___:4,1-0,,w,.,g, ' ' � ;_' 1 � /-- ---- \ ___\ l--- V \ \1\ \ X,_,'.\4\ — ‘ ,''art y , ��3 ' -`'\(j 7 ,L\o' ,i a14.5 ll .. -f , �_ r '+. Sheet :``D, _;--a��i� -a is=y -- �'_ ,l t,ee r `l am ________\ , ,,_ s ...,...,_313 , _ ?.v_ A i_\P-_—_7_-_-_,--\_-7_- 1', -A V\; tt Short Term Rentals , ' �. - ,'�N t � -� - c-\ r A, CUP Status i^. i' - V_.,--I"_____ t�1ti$t�� I. th hest \--- 4 7 \%t Christopher& Cathleen Sprauer Agenda Items 13 & 14 Page 2 Summary of Proposal The applicant submitted Conditional Use Permit requests to operate two,three-bedroom Short Term Rentals, within a 3,025 square-foot structure, on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. 2200 2202 Number of bedrooms in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 11:00 pm: 6 6 Number of parking spaces required (1 space per bedroom required): 3 3 Number of off-street parking spaces provided: 3 3 vv. P..•5D 1 • OR No Zoning History To Report oR Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate two,three-bedroom, Short Term Rental units within a 3,025 square-foot residential duplex structure built in 1955.The property is located at the corner of Mediterranean Avenue and 22"d Street in the Oceanfront Resort (OR) Short Term Rental Overlay District,where Short Term Rental use is to be expected. The 5,849 square-foot parcel is located on a city block bounded by 22"d 1/2 Street to the north, Mediterranean Avenue to the east, 22"d Street to the south, and Cypress Avenue to the west.The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, and other resort-oriented uses. The subject property is near the eastern terminus of Interstate 264,which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030,the 215t& 22nd Street Gateways act as a Christopher& Cathleen Sprauer Agenda Items 13 & 14 Page 3 major corridor through Central Beach, providing access to the Boardwalk and the Beachfront via the ViBe Creative District, the Old Beach Neighborhood, and other significant resort destinations. According to the applicant, over $100,000 of renovations are ongoing, including new interior finishes, structural enhancements, and updated landscaping. The site's mature trees afford vital urban greenery. Along with the quaint mid-century architecture and the structure's human scale,the property is not substantially in conflict with the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally,the units would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations,the use of the duplex units as Short Term Rentals is consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and citizens alike. For 2200 Mediterranean Avenue,there are two parking spaces located in the front paved driveway along 22nd Street, while an additional parking space is located in the rear paved driveway along the 22nd%2 Street alleyway. For 2202 Mediterranean Avenue, all three parking spaces are located in the rear paved driveway along the 22nd%Street alleyway. A small accessory structure at the rear was removed,freeing up additional space in the driveway.To meet the dimensional requirements for parking while keeping all spaces on-site,the applicant is agreeable to expanding the rear driveway by 2.5 feet to the east prior to operation. Per Section 2303 of the Zoning Ordinance, parking spaces created to comply with this condition shall not add additional impervious area to the site. This configuration is shown on the parking plans provided in this report. Additionally, the applicant has agreed to label the parking spaces to correspond to the unit each is associated with. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Staff received one letter of support for this request from the neighbor to the west. Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 2200 Mediterranean Avenue and 2202 Mediterranean Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions Christopher& Cathleen Sprauer Agenda Items 13 & 14 Page 4 occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have a) One (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. b) Signage, approved by the Zoning Administrator,that identifies each parking space as reserved for the unit shown in the approved parking plan. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Christopher&Cathleen Sprauer Agenda Items 13 & 14 Page 5 Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Staff received one letter of support from the property owner to the west. • As required by the Zoning Ordinance,the public notice signs were placed on the property on March 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022, and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022. Christopher&Cathleen Sprauer Agenda Items 13 & 14 Page 6 • 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 13, 2022. Christopher&Cathleen Sprauer Agenda Items 13 & 14 Page 7 Site Layout & Parking Plan w 22ND HALF STREET ac ny 2t7,are(M 8 5,P 103}) Om • or. Y Td'1093'E 45.00' `, °LY2.-cab -.— _ - - i1' - 05 _: x x ,- wood Psi B - = 1"-; t y br 1 2 3 . 5 - AC 44.4' /6,„mod I . 1.0 1,. ,' = mbar -- • i 1.0 ' - 1:r - I m 14 - 0 storybricka „I Faroe house 4 x M 5.0' - x : 4?wood Z 4 4 - 1o= baes 02 _, 41 it E wood a ri air Z it 22 s +v.1' 1 ' • ' t Z d 6 I $1 x Z .�o,, ian�house C 1i wit l a m `' 1 [ i � .• ( O`f .J ,' i i 4 T 242 1. LI x— —x 4r wood 4gOff,x - ! i - 4.5, 1 51noe Wee x HVP,C'c MC.a•a 2200 st_ y, a A 5.1 • 3-Bedroom Unit ovwh..d ! *AreI • Two Parking Spaces in Front s iris.is 4&oor °Ph(r) Driveway uffity Pas • One Parking Space in Rear Driveway 22ND STREET (80') 2202 • 3-Bedroom Unit • Three Parking Spaces in Rear Driveway Christopher&Cathleen Sprauer Agenda Items 13 & 14 Page 8 Site Photos .1\111 v...441. : - . 40viere.. .1„, 4:-.4'....i 7 :41w, 0, 01-1- . . itill,te Si.. ' ' /8. e,i --,....„-,,- „b.' - .. .„..4. •'....b-_ •. - ' i --...w...-- ---, vli { ; , „untilIIIt! Iv r-i=r- ),, -.14--s - 6 9 ' 4 • y _ - -• - ...1. , a., ay 44\14.* /I/ \ 'a likl.- 111561111r—.. . ,dna '`\I.`".4, 'fig'. �1 [ a.- •Ale i .1:5;. 4,,_• 11" ia VT. ■■ ■■ 1111111 ... or' ir iimill , . 1 •., , P%1 IIIIMIIIIIIIII , M . s r - - - . a . - . . ffilITT mitt I ' III1iiIi IIIIiiiIiiiii ia �iIIIIIII IIIIIIIIII II ItI11IIIIIi (�llrllllilliltliililllit�t�■ 11 ■■11111111utJ. L-3=== LEgIII, Christopher& Cathleen Sprauer Agenda Items 13 & 14 Page 9 Site Photos 4 joillik. . :- ' .. is .,,,':),t.-- } ''� V • • ir ..)::ifiFIno, ' '.,.21,\,....k.\ ', .4. .e—4 6 Christopher& Cathleen Sprauer Agenda Items 13 & 14 Page 10 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 o;H 47� c=rJ J/.ztt OZ_ Does the applicant have a representative? ❑Yes .No • If yes.l.s'the name of the representative. 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 SO percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA Code§2 2 3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ) Christopher&Cathleen Sprauer Agenda Items 13 & 14 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes li 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 trusty 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? I�Yes ❑No • If yes,identify the financial institutions providing the service. dMS e-t(rile wT to.)S 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes Cl No • if yes identify the company and individual providing the service `•c.>,t.,� 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 Cl No • If yes,Identify the firm and individual providing the service M.,x-Aao'Z TA-k.acc -i Iran 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 El 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 21 Christopher&Cathleen Sprauer Agenda Items 13 & 14 Page 12 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?❑Yes 12-1110 • 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 2 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 t`sat 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 ojr cm itt in connection with this application. I Applicant re 4-4 6).74.4 Le-reN R OW Print Name and Title A rJ 2(5t.7_ Date Is the applicant also the owner of the subject property? p Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. i f TA C®.strres mu3t'br ul jilvi tomcr hsion gnu City Co4ridi tneeL'rn4 that l rtains to the applications NedaliP a•f Q 04/27/2022 "'III'MO Nome Levi Anthony Luckenbach 31 Christopher&Cathleen Sprauer Agenda Items 13 & 14 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. Christopher&Cathleen Sprauer Agenda Items 13 & 14 Page 14 STR VICINITY MAP CHRISTOPHER & CATHLEEN SPRAUER .-- --.--'"'--- :\----::,:''----'----- ____--------- , . .. ' ' isr—\' \ -------'1)r t_ , - - - c--", \\\ .-in._,..i, �= �,h 1 ` 1 \ ti c . ..---_-__ — c._:—.-- ikt r-�1`.� r l'� -\I \ .. _______.—)r- __\44: `Jf 1 4\-\---' . \ ., _ -- ,--------- . t. ----'--11- --'‘:--...11.k. ' ''A ._ ---17.--7.-__— \\,. \ •-ict-S tee' ' ' \ _...— _____-._ --- , \--. - - , 0-, .V.,- cV , \ \ . "- ® 2 ' 11\ \\ 1 , ..V,S- , \‘_\\,..\.\ ' ,, - ,, ,\ ____-----_-_:------:-:-- - --, ISIS% - ' Oil 111‘11:----71- \ \ ' ' '--V---\ _,.,---- ---''' ,1:9rZT-r"--- - .--' . 'I \ 1:-.‘ II-. ' \_._ - -./Nr--------- ---1. t t eet -., I\...,:.\- ___________v_:„... �_----. %-, - , ‘,......_... \ 5 jV...\51\ ti ti Short Term Rentals - - ' _ 111A0tOkal sstr@ t ti ;G til .Perm r,s A \' 1IOW* 1% W 1 y'__;--:--VA R y- ^vim^ .. Al \ _ CUP Status . \ _ 9 .approved ttiet 'A • 'l 9 treet ti 1 -, :, _::: • Denied fOt _ - i t� t ___Ie\ ti ,� = - Under Review 1 -�" -1 V i Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Items # 13 - 14 Christopher & Cathleen Sprauer [Applicants & Property Owners] Conditional Use Permit (Short Term Rentals) Address: 2200 & 2202 Mediterranean Avenue RECOMMENDED FOR APPROVAL— HEARD Chairman Wall: Yes. Yep. Madam Clerk: Okay. Our last agenda item are agenda items 13 and 14, Christopher and Cathleen Sprauer. Applications for Conditional Use Permits, short-term rentals, at 2200 and 2202 Mediterranean Avenue, located in District 6, formerly the Beach District. Would the applicant or the applicant's representative, please step to the podium? Christopher Sprauer: Good afternoon. Chairman Wall: Good afternoon. Please state your name for the record. Christopher Sprauer: This is Christopher Sprauer and my wife, Cathleen Sprauer. You want to hear a little bit about the project? Chairman Wall: Just tell us a little bit about your application?. Christopher Sprauer: Yeah. So, we purchased 2200 and 2202 Mediterranean back in December. We've been- Chairman Wall: Sir, you can move the mic up so you don't have to lean down all the way. 1 Christopher Sprauer: Absolutely. All right. A little tall. Yep. Purchased it in December. Since then, we've been renovating the property with the intent to use it as a short-term rental. We currently home share a property in Croatan that we use as a short-term rental, and we have one down in Sandbridge as well. So, we have experience as operators. So we pursued this project with the intent to file a CUP and use it as such. So, that's the project in nutshell. Chairman Wall: Okay. Thank you. Are there any questions for the applicant? George Alcaraz: I do. Chairman Wall: Okay, Mr. Alcaraz? George Alcaraz: So you'll be the onsite manager? Christopher Sprauer: That is correct. Yes. George Alcaraz: And you live close by? Christopher Sprauer: We do. We live in Croatan, so- Cathleen Sprauer: Seven minutes. Christopher Sprauer: Seven minutes away. George Alcaraz: Okay. Anyone else? Okay. All right. Thank you. 2 Christopher Sprauer: Absolutely. Madam Clerk: Mr. Chairman, we have one speaker, Chris Wood. Chris Wood: Hello again. Chairman Wall: Hello. Chris Wood: My name is Chris Wood for the record. I own the property next door to the applicant. I'm here to voice my support. We met last week, and they're wonderful people. They appear to be very good managers. I had a little concern because the driveway that they were using for parking was on our property, about three feet of it, and there's a bunch of encroachments on our property, a patio, a fence, some other stuff. So, we have agreed that they will remove the encroachments and put up a fence between our properties. I have also given them permission to use three feet of our driveway, but I understand that staff wants them to expand their driveway so that parking's on their property, which makes sense. But we have no problem with it, as long as they remove the encouragement and put the fence up. I don't know them, but they were very professional and seemed like they are going to be good operators. George Alcaraz: Mr. Wood, is this your residence or a rental? Chris Wood: It's a rental. George Alcaraz: Okay. And you said no problems at all so far? Chris Wood: Well, they just bought it and they haven't rented it yet, but they seem to be really nice people and good operators, and they're very... the people who sold it were supposed to remove all the encroachments before they sold it, but they didn't do that. As I said, they're also welcome to use three feet of our driveway, if staff will allow that. If not, that's fine, too. 3 George Alcaraz: I think that's great, that neighbors are working together. Chris Wood: Absolutely. That's the way it should be. George Alcaraz: For a change. In the OR district, too. Chris Wood: It's not the North End. George Alcaraz: Thanks. Chris Wood: Oh, sorry. George Alcaraz: Thank you. Chris Wood: All right. George Alcaraz: So I've got... so what you're saying is that they don't need that three feet, though. They've got... they're having to explain- Chris Wood: I'll let them comment on that, but I think that they do need it, but they need it for the parking. I'm happy to let them use mine, but I think staff wanted them to get their own. George Alcaraz: Okay. Right. Chairman Wall: 4 Any other question for Mr. Wood? Okay. Thank you. Chris Wood: Thank y'all. Chairman Wall: Okay. If you all could come back up for a minute. Make a motion. Okay. Christopher Sprauer: Yes, sir. We do need the additional three and a half feet of driveway. We can either use Mr. Wood's, and then I think the Planning Commission recommended or suggested that we just pave three feet of driveway, which we could either do concrete or if they're okay with it, I can just expand it with gravel to the east, slightly on the north side, to fulfill the three feet it required. Commissioner Oliver: I have a feeling that whatever is in your staff report, that the city asked you to do, is probably in your best interest to go ahead and do it that way. Robert J. Tajan: Staff understanding that there's some... I don't want to say gray area, but gray area to the parking issue. As noted, the Zoning Administrator has to approve it. Any expansion on the property does have to be pervious per the regulations. So we'll work with the applicant to assure that they get that final three feet in an appropriate manner. Christopher Sprauer: Yeah. We'll certainly comply with whatever needs to be done to take care of the driveway and the parking issue. So no issues. Chairman Wall: Okay. All right. I'm going to close... Okay. Thank you. Christopher Sprauer: Yep. Thank you. Chairman Wall: Okay. I'm going to close for comment. Is there any discussion now. I'll open it up for discussion among the planning commissioners. 5 George Alcaraz: I'd like to make a motion to approve it. Commissioner Klein: I'll second. Chairman Wall: Okay. So we've got a motion by Mr. Alcaraz. Do you have a second? Chairman Wall: A second by Robyn, Ms. Klein. Chairman Wall: Is there anyone needing to abstain? Nope. Okay. All right. Madam Clerk? Madam Clerk: The vote is open. By record a vote of nine in favor, zero against. Agenda items 13 and 14 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 2200 Mediterranean Avenue and 2202 Mediterranean Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 6 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have 7 a) One (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. b) Signage, approved by the Zoning Administrator, that identifies each parking space as reserved for the unit shown in the approved parking plan. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of 8 all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. 9 Chris Wood 2859 Virginia Beach Blvd,Suite 106 Virginia Beach,VA 23452 chris@mcleskey.com 757-675-0779 April 11,2022 Mr.Jack Wall,Chairman Virginia Beach Planning Commission 2875 Sabre Dr,Suite 500 Virginia Beach,VA 23452 REF:STR application,2200/2202 Mediterranean Ave Dear Chair Wall and Planning Commission Members, This letter is in support of the above reference STR application. I own the neighboring property to the West. In fact,we are the only direct neighbor to the subject property. I believe this is an appropriate use for this site. The property is on a main street(22nd Street)and is not "in the neighborhood"per se. Our support is conditioned on the following: 1. All encroachments will be removed from our property. This will include the pavers,the arbor, fence etc. 2. A fence is to be erected along the entire length of the structure,on the property line. This is critical,since their residents would be on our property otherwise Additionally,approximately 3'of the parking required is on our property. We have granted permission to the Sprauers to use this portion of the driveway until we develop the property next door. At that point,the Sprauers will widen their driveway to accommodate the required parking. I met with Mr.and Mrs.Sprauer. They were very cordial,and professional. They have other STRs and I believe that they will be good operators. Please do not hesitate to contact me with questions. Sincerely C ris Wood 1. The land boundary survey shown hereon is based on a current field survey performed on January 19,2022 and in combination with the plat(s)and/or deed(s)referenced herein.This survey was prepared without the benefit of a title report and Is Intended to only show easements that are described on the plat of record unless otherwise noted. 2. This property does not fall within a Special Flood Hazard Area as shown on the FEMA NFIP FIRM for the city of Virginia Beach,Virginia. Community Panel Number.515531 0126 G Dated:January 16,2015 This property falls within flood zone(s): X a 4 22ND HALF STREET Q (formerly 20'Lane(M.B.5,P.103)) ZP�t(rni' i r.�rkeh �r" �rivF y Pr(ro cL0 __ -' 6.9'/,u 7A''1o'yr 14sr00' loons.pib • 5.4' 5.1' 7 a/, / 0.S 42"wood 7 / x- x--,x- x Parcel B Parcel C - 109 -fence 5,860 5F x x 6'wood 0.1343 NYC I fence K x 5.2' HVAC I 5.0' 44,4'--! �. 1 0' -6'wood fence I -1,1 1 24.8' x arbor i H 4.6' =iI �� 114' - m 1.4' - x 0 2 story brick& frame house �--i�~ N(CI"� --I 4.6' - unit#2 r a d m 5.6'-- E.- �k�0 x xi 5.6' D! - x_ _x 142"wood Z Jc n1pJ Y f;,\1 4 1 f illil _ - 10x fence m 0.2' °4 common wall x D 11 6'wood fence - (>ll(fUG(hr j 2.2' _ i Z usw x 4;1R- 1 ti m m A 2 story brick 8 g a 1• x Z 3 frame house 1} ? 0 unit#2200 sF RI x .. 1 I m o k o x - iq / q x 4.7'-r- 24,8' t— _x_ X _ x I 42'wood 4.9 0.3'" Mi l - 9.5' ) fence 6'wood--1-- 1-'„ fence x HVAC I ' curb1 .1'\ x� 24.4 - conc. i overheed / (tyP•) wine — -- -- ' 8 76'10'13"W 45.00' ain(F) utility pole 22ND STREET (80') Graphic Scale 1"=20' /��' ' "H �F 11. Parcel C PHYSICAL SURVEY � /�' /j IIam.\ Resubdivision of Lots 1,3,5,&7,Block 56 0 10 20 40 0 -. Plat of Virginia Beach Development Company (M.B.254,P.95 8.96) ,_.,4 Virginia Beach,Virginia January 24,2022 DKT Associates u DENNIS T % I 11f3 • LAND SURVEYORS 1 • For. Ascensions Group Lic No 002189 1100 Granby Street,Suite 100 4 0 Job Number 25475 Drawing Scale 1" = 20' Norfolk,Virginia 23510 \9/I, 01/24/2022 ,O/ Field Book 368/72 Paper Size Legal Tel.(757)588-5888 wvwv.DKTAssodates.com F, Field Crew PE Revised Fax(757)588-5880 dktassod m ' ates@gmai.co `_ 3 U R v ° Drawn By RW Sheet ♦iW�I Reviewed DT of , la , pia wir-il , ,, ,_v _i---\ ' ,,,,_______ ___ OR s \- �' _ ---_ 22nd Veet ,. OR c73 o 4 co \"\ i, 1 co \ , „\\, 0 R OR _Stree ❑ ______---20_ a1i� \_----\ Dst N . , I , OR , vir —.1.11 millera ' INS�,,\\ rA Site w 'i1= ,, Coastal Accommodations, LLC _W. Property Polygons 410 22nd Street, Unit B S Zoning Building - imm. Feet 0 1020 40 60 80 100 120 r ,c, . „ t„.. c. ...)„ ,..,,, „ ..,,.. ,..:.::,....7. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: COASTAL ACCOMMODATIONS, LLC [Applicant] 22 EAST NEPTUNE, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 410 22nd Street, Unit B (GPIN 24270835830008). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: May 17, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 1,042 square-foot Short Term Rental within a development along 22nd Street. Constructed in 2015, the development sits on a 20,800 square-foot parcel along with nine other townhouse-style duplex units. The parcel is zoned OR - Oceanfront Resort and is within the boundaries of the Oceanfront Resort Short Term Rental Overlay District. The parcel sits on a city block bounded by 22nd Street to the north, Arctic Avenue to the east, 21st 1/2 Street to the south, and Baltic Avenue to the west. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi- family dwellings, commercial offices, commercial retail, and other resort-oriented uses. • Considerations: All other residential units within the development have received approvals for Short Term Rental Zoning Permits based on grandfathered status. 410 22nd Street, Unit B exists as an exception to the grandfathered status of the others due to the property manager utilizing it as her primary residence during the qualification period. The subject property is near the eastern terminus of Interstate 264, which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the 21st & 22nd Street Gateways serve as a major corridor through Central Beach, providing access to the Boardwalk and the beachfront via the ViBe Creative District, the Old Beach Neighborhood, and other significant resort destinations. The coastal architecture, quality construction of the structure, and innovative site layout foster sense of place, in keeping with the goals of the Oceanfront Resort District Form-Based Code Design Guidelines. In fact, this property is featured as a precedent image on Page 13 of the Oceanfront Resort District Form-Based Code to convey the type of development envisioned for this area. Therefore, the use of the dwelling as a Short Term Rental is consistent with Coastal Accommodations, LLC Page 2 of 5 this Gateway's purpose to create a sense of welcome and arrival to tourists and citizens alike. Additionally, the unit would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. There is one parking space located in the attached private garage, while an additional off-site parking space, located just across the 21st 1/2 Street alleyway at a private lot, is leased annually by the property management company, as shown on the parking plan provided in this report. While the required parking space is off-site, per Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Staff received no known opposition to the request. • Recommendation: On April 13, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 410 22nd Street, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. Coastal Accommodations, LLC Page 3 of 5 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 . 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 14.Accessory structures shall not be used or occupied as Short Term Rentals. Coastal Accommodations, LLC Page 4 of 5 15.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. Coastal Accommodations, LLC Page 5 of 5 21 .A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r0 City Manager:/?/:/9 Applicant: Coastal Accommodations, LLC Agenda Item Property Owner: 22 East Neptune, LLC Planning Commission Public Hearing:April 13, 2022 15 1)IB City Council District: District 6, formerly Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ksk'""- 3 - et C.' 29ths' Approval o street O .�� 2g th sveet � 27 th Staff Planner 4" 2-1th5.eel Stet LiaZ :on: L:cken:ach \\vi. 4�,sn et t 410 22nd Street, Unit B 2 ' ► t 23.asv"� l 22 ue _� GPIN ,, et _11.--- suet r \vim 24270835830008 < ;• 19tt,street Site Size lathst`eee, e,00 o,a 20,800 square feet z tree t N O 1 ....sheet 174 C Existing Land Use and Zoning District Duplex Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North _ c . . mil,100 � ,,'r P 22nd Street tip s 23�d Multi-Family Dwellings, Duplex Dwellings/OR _ ---, '. ',- , r Oceanfront Resort0, ' k T\* , % n. • St,1,rt e t South - 21st • 1/2 Street (Alley) �, Single-Family Dwellings, Duplex Dwellings, r ,� . k. '„11., -.- Multi-Family Dwellings/OR Oceanfront Resort w ' i/w' 0 `°` _1. , '`. f 01" East �� ". __ s -' `i Single-Family Dwellings/OR Oceanfront Resort _ .,. .-,. t ` • N, ,. '.vow ` . � +�� West i, f-'-__'- ,,% t Multi-Family Dwellings/OR Oceanfront Resort _ .4_ k1 . --- Coastal Accommodations, LLC Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This 20,800 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this two-bedroom townhome was constructed in 2015. • Staff inspected the site on March 2, 2022 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the Short Term Rental from parking in the street during the restricted hours. • There are no past violations for Short Term Rental use at this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of March 14, 2022: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No November 2021 Yes Short Term Rentals in the Vicinity ,.________ _-_,:.„ val.\.2.,.\. .\,\,4.-r 7\-.'.-c--; \ .9,-\.teii------ -----\V---* \ %---' ` t 1 \ ! -saes, e , 3,-,ciAt ---,,-----V- \.. \ , \ ___, r.._ . -7--6- __Aar,..,tio--et , ; \ , \ - ic.,3 0,-,. � . `'—' ' , ' 1''g V„.,Wttoi, ., `1 A\,t 1 -' r ;, .L,,-L-,c . ,. .V\-e, i „„ ,z. , "--\„\ , , ... _ \ -\_ vii, \ .„.„.4--,\-----. \ i ,..,-,,,,,,x,11.2.ii.-,6 tr., _,-...sli , , ___ , , . :1.---- M ,} .'` t..ems ,, , j .�,_JN —— 1 o ,7" � _ ' tree , , ;17:3 YY /-- c--T , 1 1 1 --Short Term Rentals yl "IP ---\ 111\ . 0111 ��t r ", STR Perm Is VA CUP Status \ 1C 1 ,. J , 1_-s`ti y 'C • *an,. tree _,_�&`` f. \` i C,- 1 1 R. 1 1= 4 v 1 �i - -lr- f J Coastal Accommodations, LLC Agenda Item 15 Page 2 Summary of Proposal The Applicant submitted a Conditional Use Permit request to operate a two-bedroom, 1,042 square-foot Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm:4 • Number of parking spaces required (1 space per bedroom required): 2 • Number of off-street parking spaces provided: 2 (1 space within garage, 1 space off-site) Zoning History # Request 1 CUP(Short Term Rental)Approved 01/19/2021 36 \ \ , , , °R 2 CUP(Short Term Rental)Approved 08/25/2020 41\ . ,\ t CUP(Short Term Rental)Approved 08/18/2020 CUP(Short Term Rental)Approved 07 07 2020 tends•• 3 CUP(Short Term Rental)Approved 07/14/2020 ilii CUP(Short Term Rental)Approved 07/14/2020 CUP(Short Term Rental)Approved 07/14/2020 CR l CUP(Short Term Rental)Approved 07/14/2020 \ •• 6/ 4 ALT(Special Exception to Form-Based Code)Approved 804/18/2017 ..115 ALT(Special Exception to Form-Based Code)Approved i Jam' 3, 04/18/2017 (Special Exception to Form-Based pApproved ---\1 5 6 ALTCode)1,,Asweet 03/11/2014 OR � '---1 bF 7 NON(Reconstruction of Nonconforming Use)Approved 04/10/2012 8 NON(Enlargement of Nonconforming Use)Approved 11/28/2000 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom, 1,042 square-foot Short Term Rental unit within a development along 22"Street in the Oceanfront Resort(OR) Short Term Rental Overlay District, where Short Term Rental use is to be expected. 410 22"d Street, Unit B is a townhouse-style duplex unit constructed in 2015.The unit shares a 20,800 square- foot parcel with nine other duplex units, all of which have received approvals for Short Term Rental Zoning Permits based on grandfathered status. This specific unit exists as an exception to the grandfathered status of the others due to the property manager utilizing it as her primary residence during the qualification period. The parcel sits on a city block bounded by 22nd Street to the north,Arctic Avenue to the east, 21st%2 Street to the south, and Baltic Avenue to the west. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, and other resort-oriented uses. Coastal Accommodations, LLC Agenda Item 15 Page 3 The subject property is near the eastern terminus of Interstate 264, which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the 21'& 22nd Street Gateways serve as a major corridor through Central Beach, providing access to the Boardwalk and the beachfront via the ViBe Creative District,the Old Beach Neighborhood, and other significant resort destinations. The coastal architecture, quality construction of the structure, and innovative site layout foster sense of place, in keeping with the goals of the Oceanfront Resort District Form-Based Code Design Guidelines. In fact,this property is featured as a precedent image on Page 13 of the Oceanfront Resort District Form-Based Code to convey the type of development envisioned for this area. Therefore,the use of the dwelling as a Short Term Rental is consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and citizens alike. Additionally,the unit would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. There is one parking space located in the attached private garage, while an additional off-site parking space, located just across the 21st 1/2 Street alleyway at a private lot, is leased annually by the property management company, as shown on the parking plan provided in this report. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 410 22nd Street, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. Coastal Accommodations, LLC Agenda Item 15 Page 4 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Coastal Accommodations, LLC Agenda Item 15 Page 5 Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • No letters of support/opposition have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on March 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 27, 2022, and April 3, 2022. • 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 28, 2022. • 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 7, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022. Coastal Accommodations, LLC Agenda Item 15 Page 6 • 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 13,2022. Coastal Accommodations, LLC Agenda Item 15 Page 7 Site Layout & Parking Plan • 2-Bedroom Unit • One Parking Space in Attached Garage • Additional Leased Parking Space Across Alleyway at 413 21st Street 21st 1/2 Street Alleyway lab • i vs r rr�rit / �.��.� �% ►siil y- / ►�� y C -126.el.-vg:4, 2a9• i.1Z1:41* `23.r ' �1•j9 �.-t/��A \Z 9 k ,t.5•4-.-r44,-4A g Ica.:•6g-..—k1L TWoFOliRo iTORY1:1't..1i iC. 2.• k..4rw: '4, ; - F-A.1,e,,_c-,.i.a"\,, 1p3i NG BtN, c' kk g% 2\ `c PI --, 1 \c'..c . /\4 r too 406A i UNIT 4068 ` ‘ \\ UNIT 410A UNIT 4106 i.... y ► °ILI k, . 41,;"..A -alieut- - i ...Adeti....44 . ..,,Airta.... tWW(4P043/44 V- 4. 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Pl. 1. go..1.64.`a '1' 4,44. -- ' v=r SA& -Al:, r..=�rikiti '-ate.. _ \_ . =4 .x'_- kA_)<! 22nd Street Coastal Accommodations, LLC Agenda Item 15 Page 8 Site Photos „ i N.-, \- __ '''.% in , :i.,..±,,. .. ._ 6,,, .. , i r.....1 ,, ,.. _ -4/ 111 lliiirealat r . _ 4i. ,_ ,.._ . -- ,,,ilw ----, 1 -7. - 0, -,' 64 7- tom. \� { V -, ' -...,,,,, Y -� • ram' Al 4' • 4S1-�,s... - , . —of, ...,. 10,.iikt . .-i'..':-. : 4.4-.4te \ :, rr 'jam j' i is` i r 0. - -104-. . . ..z4%. ..,.., ...4.:..-- -,, - . ._ 4 - 4.ic , , - 40 ,,,, „,.. ,,.;:,,,„..._ ,....„....s.. .,:. t.„ .,„,„. ; ._,..,,- .., ..,,,,, , •..,,,,.:,_., ,, ,: ..., ___,,:. .ft) ‘ . vs . ' . otb L .,. rl1 , ..., ate,) .a t i s.�-- wJ ♦ as 1 a.• ., it .. r i1- �` t , . i , • ‘,..,.:ii A.a..A,, t. •• 2 I - ft r i . , . I .d ,.. ., l.. ..1110LC,__ • • Coastal Accommodations, LLC Agenda Item 15 Page 9 Site Photos maw 7M | / ` OIL, / - AN 61 ' / ' - Coastal Accommodations, LL[ Agenda Item lS Page1U Disclosure Statement Disclosure Statement itp diVORAIN 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 Oty of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name ( oaSr t AtcUr'11tY1cciai'1 cn! Does the applicant have a representative? W Yes ❑No • If yes,list the name of the representative. _fhr ppiu,_1i Alki,;J n - Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 13''es ❑ No • tf yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) fh,ii,pp-I d -min f — — _ — • 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(ii 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 arc 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.Vs Code§2.2-3101 ^r „ ''2'7 1 - Coastal Accommodations, LLC Agenda Item 15 Page 11 Disclosure Statement Disclosure Statement Of r ,t ryi Nalr 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?Cl Yes No • tf 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 K)No • If yes,identify the financial institutions providing the service 1 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 he operated on the property?51 Yes ❑No • tf yes,identify the firm and individualnd providing the service 1,DDG " .�2' !tt Ltiftniiit — ill 77 {7)1r.JIux /,eh4rl3.f 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 IZ No • Iff yes,identify the firm and individual providing the service. 5 is there any other pending or proposed purchaser of the subject property?0 Yes '>'i(No • If yes,identify the purchaser and purchaser's service providers Revised 11 09 2020 2 I , Coastal Accommodations, LLC Agenda Item 15 Page 12 Disclosure Statement Disclosure Statement A/13 (VI, Vvesua e Planning&Community Deveiopn nt 6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating or I to be operated on the property?❑Yes o • If yes,identify the company and individual providing the service. [kweti the applicant hove an engineer/surveyor/agent in connection with the subject of the application or any business operatine or to be operated on the property? ❑Yes D-No • It yes,identity the firm and individual providinf,the service 8 Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. • Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing t 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. J/1J2fiz4e/ i1Z1li 4`)\-- ) Applicant Slghettare 2n� �1Ord aft»rcY , L LIIi1 f LGa°7 rn 1 Gei rnoda Print aftd Tittle 17/2 i— - - - Date Is the applicant also the owner of the subject property? 0 Yes lEallo • It 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 t,.rg.w Date 04/27/2022 stsn•tur. RAW r 44"41 Levi Anthony Luckenbach Coastal Accommodations, LLC Agenda Item 15 Page 13 Disclosure Statement Disclosure Statement \Ad Planning&Cotnintinidy _ Owner Disclosure �1 '' • Owner Name 21. 'L(51 1 f P .iW L< Applicant Name (_i) n<1 a! ma it i,l trYll nail J Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑No • It yes,list the names of all officers,directors.members.trustees etc.bears. (Attach a list rf necessary` ft en k P.vMMe s. /,C. -Akoaltg 301 'ro A A1, t. - t(u(u6�- Det4arc( ltioetit 11,44 Macy - !�o�rofGIS' - -- 1 . If yet list the businesses that ha re a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) /4//4 Known interest by Pubiit Official or Employee Does an official or employee of the tarty of Virginia It have an interest ifs The subject lend or any proposer"development contingent on the subject public action?0 Yes No If yes,what is the name of the official or employee and what is the nature of the interest? `parent-eubsidaarr relationship"means"a relationship that estctt when crap corm-tabor meaty or indrealy owns snores possessing more than 50 pe'cent of the t•atng power of another corporation' See State and lout Government Conflict of Interests Act.VA Code§2.2-3101 "Aft iiated Dimness entity reiatiursh.e. means"e relationship,other than parent subsidiary relationship,that exists when(a)one business entity has a controlling ownership mteresi in the uthe+business entity,(ii)a controlling owner in one entity it also a controlling owner in the other entity,or(ie)there is shared management or control between the business entitles. Factors that should be cons:dered in determining the existet ce of an affiliated business entity relabonship 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 or the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a riot'wohrng relationship between the entities" See State and Local Government Conflict of Interests Act,ye. Code§2 2.3101 xrrsrd 1 O'201C 51 Coastal Accommodations, LLC Agenda Item 15 Page 14 Disclosure Statement Disclosure Statement 1,13 rigt,`l'Irmo Anal Planning Fe C'urnniunity lewd mint Owner Services Disdosure i Does the Owner have any existing financing(mortgage,deeds of trust,crosstollateeat¢ation,etc)or are they considering any financing in connection with the subject of the application or any business opereters or to be operated on the property r9Yes ON* • If yes,Identity the financial institutions providing the service CLF &lc . 2 Does the Owner have real estate broker/agent/realtor for current and art crpated future sales of the s rbiec:prove•ty' ❑Yes 'No • If yes,identify the company ana rndrv+dug:pr,rvrdrng the service 3 Does the Owner have services for accounting and/or preparation of tax returns provided in cnnnectinn with the subject of thi application or any business operating or to be operated or the property ❑YeS eANo _ (/V-Hou s F • tf yes,identify the firm and individual providing the service 1 Does the Owner nave services from an arthttect/tandscape arehltect/land planner a o'nder,I in conrrert'vr,with the subject of the application or any business operating yr to be operated on the property'0 Yes gNo • If yes,identify the fern and individual providing the service 5 Is there any other pending or proposed purchaser of the subject proper ti 7❑Yes W No • If yes.identify the purchaser anti purchaser's service providers 6. Does the Owner have construction contractor rn connectioi with the subject of the application or shy business operating or to be operated on the property?0 Yes "C No • If yes,identify the company and individual providing the se'ice 7 Dees they Owner have an engineer/surveyor/agent rr,connection with the subject of the application or any business opeating or to hi'uvereted on the property v❑Yes Di NO • If yes,identity the firm and individual providing the service. Revf1e0 11 OS 70 0 6 Coastal Accommodations, LLC Agenda Item 15 Page 15 Disclosure Statement Disclosure StatementAid Planning&Community I)eka n'wnt S Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes IA No • rf yes,Identify the firm and individual prov,ding legal the service Owner Signature I certify that all of the information contained in th's O sdosure Statement form is complete true and accurate. I understand that upon receipt of notification that the application has been sdhed,uled 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 petal or committee in connection whh this application V Owner Signature M Met, #00,61 • Ic�/f i L, z Z kV&o f Print Name and TVA o 7 to LZ Date •?es ecitd5_�':t► r ..E.. Coastal Accommodations, LLC Agenda Item 15 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. Coastal Accommodations, LLC Agenda Item 15 Page 17 \ -\-..:A fI~�� 1. . -----1 \---ferls. ' \s -,----r•------ '. ,\\ ,, c___ \_______\___\\:______-___---- --._ -. 11111111...,01.,\ik-c/01 -- !mot _, r t 1 :" 1 r��_ �'S'� \.\,,5 t ...• .1 t r _ sue�J- +1 \.,,. O \\.\\ (.4 5,..J., .,....t.................---___- It \ \111111 O. % ` ,I ; '} } ` 1110 ' +_ Yam-- A}Q i , 1 �� - �r� `t s� 2 r.9 • \'., tt----- \\ .6•,° ,„,1 i "orig. --; wir '.,, In" . t _,.. 1:)\-' 16..4.0-.-1 '' ter' l° ik far iiiirg\\ CO-,,-- 111111Hvo. _ie....v.k„ .,--b-i ‘ \ss _ .,,,,,ii-sel,_ v„.. > < ...di OA eid._--:---.::::__.- g-H \ , ' t-1;1'.t 1.-- 1- \ \,, :.-_-.-„, ‘ \ Q , , \ _ „ ,, , , „ ,________ 0 . , U -- --- ".f—T-00111 Y; ‘-----ili$ ---VC\ \ ' \-..reA,,,,, --r-T\SP_ \\ t t d ---�c= 1, e \01 .-. k IS ----t_k - 1 A ,..:\ 1111 111)-)1\),: - .- \\ ' . . \ it r`--- �1 }S`', t ! \ligi , \ ---\___----S. '., ! Q� r y t 1, 1� -- 11 � ` ,, v. t w �t+ '+i l+ t E 4 it }�+ t ` �a t `� �. a o a� ,1 } ,1 1 5 ,� V ` t Q' h n c fg ✓' Virginia Beach Planning Commission April 13, 2022, Public Meeting Agenda Item # 15 Coastal Accommodations, LLC [Applicant] 22 East Neptune, LLC [Property Owner] Conditional Use Permit (Short Term Rental) Address: 410 22nd Street, Unit B RECOMMENDED FOR APPROVAL—CONSENT Chairman Wall: Okay, thank you. The next order of business is the consent agenda. And I'm going to turn that over to Vice Chair Alcaraz to run that portion of the meeting. Vice Chair Alcaraz: Thank you, Mr. Chair. Today, we have seven items on the consent agenda. These applications that are recommended for approval by Staff and the Planning Commission concurred that there are... And if there's no speakers in opposition, that we will be putting them on the Consent Agenda. Agenda item number three is a Conditional Use Permit for a car wash facility at the Northeast corner of General Booth Boulevard and Prosperity Road, and the applicant, Car Spa Incorporated, is their representative. There you go. Eddie Bourdon: Thank you, Mr. Alcaraz. Members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney. I represent Car Spa. I wanted to mention that Mr. Bruce Berlin, with General Booth Venture, LLC, who are the owners and developers of the property and the extra parcel to the North of this parcel is under their ownership. My applicant, in this case, Car Spa, is contracted by this piece of property. Also, Danielle Dansing with Kimley Horn are civil engineers here as well. Thank Hoa for all of his diligent efforts on this application and all eight conditions as staff has recommended are acceptable to the applicant. Vice Chair Alcaraz: Thank you. Eddie Bourdon: Thank you. Vice Chair Alcaraz: 1 Is there any opposition to this item being on the consent agenda? Hearing none, I ask Commissioner Weiner to read this item for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a request for a Conditional Use Permit for a car wash facility. In 2019, City Council granted a Conditional Use Permit request for operations of an automobile service station, Wawa, on the Northeast corner of Prosperity Road and General Booth Boulevard. The 9.48 acre parcel zoned B2 Community Business was proposed to be subdivided into two lots with the Wawa site occupying 5.51 acres in the Southern lot. There were no immediate plans for the remaining 3.97 parcel. The applicant now seeks to subdivide the Northern 3.97 acres into two lots with 2.21 acre and 1.76 acre lot. The applicant plans to develop 2.21 acre site with 5,700 square foot automated car wash facility. We recommend approval and put it on the consent agenda. Vice Chair Alcaraz: Okay. Thank you, Mr. Weiner. Agenda item number four is a Conditional Use Permit for motor vehicle rentals at 1112 Lynnhaven Parkway for Enterprise Leasing Company of Norfolk Richmond, LLC. Is their representative here to speak today? Eddie Bourdon: Thank you, Mr. Alcaraz and Commissioners. For the record, Eddie Bourdon, Virginia Beach attorney representing Enterprise. I believe Ms. Kayley Krug with Enterprise is with us this afternoon. And I want to thank Michaela again for a very thorough job in evaluating and keeping us on our toes with this application. All 15 conditions are acceptable to the applicant and we appreciate being on the consent agenda. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none. I ask Commissioner Bradley to read this item for the record. Commissioner Bradley: Thank you. The applicant is requesting a Conditional Use Permit for motor vehicle rentals on a one acre parcel zone B2 Community Business District. The site is currently developed with a 3,200 square foot building with an overhead canopy and accessory structure. The buildings on site were constructed in 1975 and were previously occupied by a restaurant with a drive through and a short term loan title business. The applicant proposes to display no more than 25 vehicles at any one time on the site. No automobile repair is proposed and staff is recommending a condition to prohibit that activity. The Planning staff recommended this. There was no known opposition, so Planning Commission decided to put it on the consent agenda. Vice Chair Alcaraz: 2 Thank you. Agenda item number five is a Conditional Use Permit for family daycare at the home at 1712 Moon Valley Drive for Nora Nimely. Is their representative here today? Please come forward and state your name. Hi. Nora Nimely: Good afternoon. My name is Nora. Vice Chair Alcaraz: Thank you. Do you accept all the conditions? Nora Nimely: Yes, I do. Vice Chair Alcaraz: Thank you. You may be seated. Nora Nimely: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Oliver to read this item for the record. Commissioner Oliver: Thank you. This is a request for a Conditional Use Permit to operate a family daycare home for up to eight children within the applicant's single family dwelling in the Lake Placid neighborhood. The applicant has over 10 years of experience in caring for children and the designated outdoor play air area is located in the backyard and is enclosed with a six foot solid privacy fence. The typical hours of operation are proposed as 6:30 AM to 6:00 PM Monday through Friday. Staff found the property to be well organized and well kept. This request for a Conditional Use Permit for a family daycare home, in staffs opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the suburban area. Staff recommends approval of this request with the conditions listed below, and therefore we have placed it on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number six for a Conditional Use Permit for home occupation located at 4500 Hollingsworth Lane, applicant Baking It, Caking It LLC. Is the applicant here? Please come forward. Hi, can you state your name for the record? 3 Brianna Small: Brianna Small. Vice Chair Alcaraz: Thank you. You accepted the conditions? Brianna Small: Yes. Vice Chair Alcaraz: Thank you. Brianna Small: Thank you. Vice Chair Alcaraz: You can be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have Commissioner Klein to read this item for the record. Commissioner Klein: The applicant is requesting a Conditional Use Permit for a home occupation to operate a commercial kitchen in the 460 square foot attached to garage of their single family dwelling in the Glenwood neighborhood. It is the applicant's desire to prepare baked goods and deliver them to customers at offsite locations. The applicant will be the sole operator of the kitchen. No other employees are proposed for this in-home business. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Agenda item number nine, Modification of Proffers at 5453 Wesleyan Drive for RVB3, LLC. Is their representative today here to speak with the item? Come forward and state your name, please. Todd Roethlisberger: Hi, good afternoon. Todd Roethlisberger, attorney with Poole Brooke Plumlee on behalf of RVB3, the applicant. Good afternoon, Mr. Chairman and members of the Commission, appreciate being on the consent agenda. We do agree to the terms set forth and appreciate Ms. Nowak's assistance with this application as well. 4 Vice Chair Alcaraz: Great. Appreciate that. Todd Roethlisberger: Thank you. Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Weiner to please read this for the record. Commissioner Weiner: Thank you, Mr. Alcaraz. This is a Modification of Proffers. The applicant is requesting a Modification of Proffers to redevelop a former Sonic drive-in restaurant building into a Little Caesars restaurant. The building is located on a 25,204 square foot out parcel in Wesleyan Common Shopping Center. We recommend approval of the Modifications of Proffers and place this on the consent agenda. Vice Chair Alcaraz: Thank you. Agenda item number 12, which is a Conditional Use Permit for a craft distillery at 712 Atlantic Avenue for Waterman Spirits, LLC. Please come forward. Eddie Bourdon: Mr. Chairman, members of the Commission, for the record, Eddie Bourdon, Virginia Beach attorney representing Waterman Spirits, LLC. Again, Brandon's done a very good job on this application, asked us a lot of questions, got a lot of answers from us, and all six conditions as recommended in the staff report are acceptable to the applicant. Vice Chair Alcaraz: Thank you. Eddie Bourdon: Thank you. Vice Chair Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Bradley to read this for the record. Commissioner Bradley: 5 The applicant is requesting a Conditional Use Permit to operate a craft distillery at 712 Atlantic Avenue. The property consists of multiple structures and uses including The Shack, which is primarily an outdoor resort establishment with dining, entertainment, and outdoor recreation facilities that has become popular with both visitors and residents. There is an existing 9,300 square foot masonry building on the Southern portion of the property. The craft distillery will produce and sell spirits with an 1,800 square foot portion of the existing structure facing Atlantic Avenue. Planning staff recommended this conditional use permit and Planning Commission has put it on the consent agenda. Vice Chair Alcaraz: Thank you. Kay Wilson: Mr. Frankenfield. Commissioner Frankenfield: Oh, are we ready to vote? Kay Wilson: No, I'm just ready for you to abstain. Commissioner Frankenfield: I need to abstain from The Festival, LLC. I am a service provider for that company and my company is at 1400 Woodhouse Road, Virginia Beach, Virginia. Thank you. Vice Chair Alcaraz: All right. Agenda item number 15 is a Conditional Use Permit for a short term rental at 410 22nd street, Unit B for Coastal Accommodations, LLC. Is there a representative here today to speak on this item? Please come forward. Just state your name for the record. Grace Morris: Grace Morris. Vice Chair Alcaraz: Okay. Thank you. Are the conditions acceptable to you? Grace Morris: 6 Yes. Vice Chair Alcaraz: Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Klein to read this for the record. Commissioner Klein: This 20,800 square foot lot is zoned OR, Oceanfront Resort. According to city records, it is a two bedroom town home constructed in 2015. The owner submitted a Conditional Use Permit request to operate a short term rental on site. Staff recommends approval and the Commission agrees. Vice Chair Alcaraz: Thank you. Mr. Chair, that was the last item for the consent agenda. The Planning Commission places following applications on the consent agenda: items number three, four, five, six, nine, 12, and 15. Chairman Wall: Okay, thank you. Do I have a motion to approve by consent of agenda items three, four, five, six, nine, 12, and 15? Commissioner Weiner: Second. Chairman Wall: Okay. All right. I guess he's already said you made a motion. Okay, thank you. Okay. So hearing seconds. Are there any Planning Commissioners besides Mr. Frankenfield that are abstaining on any of the agenda items that are on the consent agenda? Okay. The motion for approval is by Mr. Alcaraz, and the second is by Mr. Weiner. Madam Clerk: Okay. Thank you. The vote is open. By recorded vote of nine in favor, zero against, agenda items three, four, five, six, nine, and 15 have been recommended for approval. Agenda item number 12 by recorded vote of eight in favor, zero against, with one abstention by Commissioner Frankenfield, agenda item number 12 has been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 7 Alcaraz AYE Bradley AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE .-- --- --- - Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 410 22nd Street, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is 8 available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) 9 and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 _ 0 �� \ \ 0 it co AOR \, co OR IP" , ve, _OR /... et h stre __/ \ 401 \ scree 40.0 OR OR OR R7.5 1 OR Nam,` i rA Site w 'A' s Georgi Stoyanov viir, L Property Polygons 4005 Atlantic Avenue, Unit 115 s Zoning Buildingcimimiiiimiii=i Feet 01530 60 90 120 150 180 40041A r � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEORGI STOYANOV [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 115 (GPIN 24280514483890). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: May 17, 2022 • Background: This application was deferred by the City Council on April 5, 2022, as Staff was made aware of an error in identifying property owner information specific to this address and condominium complex. In an effort to fully ensure full compliance with all public notification requirements, Staff recommended the deferral of the request to the May 17, 2022 meeting and the application was heard again by the Planning Commission on May 11, 2022. The applicant is requesting to operate a one-bedroom, 357 square foot Short Term Rental unit within the Oceans II Condominiums. This 14,500 square foot site is known as the Oceans II Condominiums, located in the Oceanfront Resort District. According to City records, Oceans II Condominiums includes 42 condominium units that were constructed in 1976. However, part of the building was previously a motel that was constructed in 1956. • Considerations: Nine Short Term Rental Conditional Use Permits have previously been approved on the property. The condominium building is at the northern terminus of the Oceanfront boardwalk. The surrounding area is a mixture of high-rise multi-family dwellings, hotels, and other commercial and resort-oriented uses. The subject property lies on Atlantic Avenue corridor, which serves as the main north-south connector, including Pacific Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as the area where many Resort Area visitors stay and gather. Therefore, the use of the unit as a Short Term Rental is consistent with this purpose. The unit would provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. There are two adjacent off-site parking lots dedicated to Oceans II Condominiums, as shown on the parking plan provided in the staff report. The applicant has one assigned parking space (#26) in parking lot 2, thus, fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staffs Georgi Stoyanov Page 2 of 4 evaluation, are provided in the attached Staff Report. Prior to the Planning Commission's public hearing in May, four letters of opposition, three of which were from the same resident, were received regarding the request.. • Recommendation: On May 11, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with 1 abstention to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 115, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Georgi Stoyanov Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rentals. 12.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code Georgi Stoyanov Page 4 of 4 in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of March Planning Commission Hearing Letters of Opposition (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: Applicant & Property Owner: Georgi Stoyanov Agenda Item Planning Commission Public Hearing: May 11, 2022 City Council District: District 6,formerly Beach 17 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,Th .tns,reet \ , it Approval k Gob0y or Staff Planner / f Street 0 Hank Morrison Z ..t+�str Q rA StreN va liar Dr,ye .3 greet Location - \ .\ \1* 4005 Atlantic Avenue, Unit 115 °osw, tl Road ��2�` Li sr 24280514483890 O,Y t C Site Size \`� n 14,500 square feet = i " Sttet p O llu,ewe Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North ti -,..r.;,_ •yare1W--,11141410 Multi-family dwellings/OR Oceanfront Resort 7 i 4," South ; 40th Street (pedestrian beach access), hotel/ \t,. _ � = OR Oceanfront Resort 8 2 - vs, � \.,," j. ft- �. Public beach -Atlantic Ocean ,. !s ., cr., 4t ADOStreet s r '' s. 11 West - E= ,. Atlantic Avenue Multi-family dwellings/OR Oceanfront Resort k' t Georgi Stoyanov Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • This application was recommended for approval by consent by the Planning Commission at the March 2022 Public Hearing. However, between the Planning Commission Public Hearing and the City Council Public Hearing, Staff was made aware of multiple addressing errors on the state-required notice letters that were sent to adjacent property owners.To guarantee the public and adjacent property owners are fully aware of the application,the applicant must go before Planning Commission a second time. • This 14,500 square foot is the site of the Oceans II Condominiums in the Oceanfront Resort District. • According to City records, Oceans II Condominiums includes 42 condominium units constructed in 1976. However, part of the building was previously a motel that was constructed in 1956. • There are 42 off-street and off-site parking spaces within walking distance of the property. Each condominium unit is assigned one parking space. Twenty-two of these spaces are located in a parking lot across the street (40tn Street connector park)to the south adjacent to the Holiday Inn. The remaining 20 parking spaces are located in a lot diagonally across the street from the condominium development. • On-street parking is not permitted on this portion of Atlantic Avenue. • Nine Conditional Use Permits for Short Term Rentals have been approved on this site by the City Council. • No past zoning violations were found on this property. • Known Short Term Rental activity as of April 11, 2022: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISIONER OF THE REVENUE No 10/2021 No Short Term Rentals in the Vicinity i A►►ey t-1 4 Street L� 4 43rd Hab35d Street 4 .420 vA0 Street lien prive i '...;;.. — ' iiiro--*- , 4,-, .... , r. Cava ...... - rn,,,4--, -?-, 1 I: _ • ---3 r 1 NW, • v 11 Short Tam Rentals 11.' eur SW= 6. :., -.r i• --- 1 0 „ro : 36th Street Georgi Stoyanov Agenda Item 17 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a one-bedroom, 357 square foot Short Term Rental unit on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of off-street parking spaces provided: 1 96 Zoning History # Request OR 1 CUP(Short Term Rental)Approved 03/01/2022 CUP(Short Term Rental)Approved 11/17/2020 1 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 .a�$"«` CUP(Short Term Rental)Approved 08/25/2020 �, CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 02/04/2020 oR OR CUP(Short Term Rental)Approved 02/04/2020 R- 3 �N J 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 applicant is requesting to operate a one-bedroom, 357 square foot Short Term Rental unit within the Oceans II Condominiums, where Short Term Rental use is to be expected. Nine Short Term Rental Conditional Use Permits have previously been approved on the property. The condominium building is at the northern terminus of the Oceanfront boardwalk. The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial and resort-oriented uses. The subject property lies on Atlantic Avenue corridor, which serves as the main north-south connector, including Pacific Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as the area where many Resort Area visitors stay and gather. Therefore, the use of the unit as a Short Term is consistent with this purpose. The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. There are two adjacent off-site parking lots dedicated to Oceans II Condominiums, as shown on the parking plan provided in this report.The applicant has one assigned parking space (#26) in parking lot 2,thus,fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance,the Zoning Georgi Stoyanov Agenda Item 17 Page 3 Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. As the property is in a condominium form of ownership,the Board of Oceans II Condominiums' representative has provided verification that the application of a Short Term Rental Conditional Use Permit in the development is permitted. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 115, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Georgi Stoyanov Agenda Item 17 Page 4 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. Georgi Stoyanov Agenda Item 17 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Three letters of opposition,two of which are from the same person, have been received by Staff noting concerns related to a concentration of Short Term Rentals in the building and surrounding area and the perception of declining property values. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 24, 2022, and May 1, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 25, 2022. • 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 May 5, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 1, 2022 and May 8, 2022. • 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 2, 2022 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/governmentJdepartments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 13,2022. Georgi Stoyanov Agenda Item 17 Page 6 Site Layout & Parking Plan � um!! dornin►urn lite41.1.111.111...* ai iii N � � o`e ns\\ion , Irat, , ' ..* ' - ,. - _ ' A. t w �` .s _ , 40TH'S . ......""\ \ - ---\ID. .r..„,_ Q l 6 ‘t -S- i , , 1 .1.\..3 \...,\ .., I Parking , ,,� s T parking t.ot 1 , Asskgned '` ` Space#26 ' .. r'`"..k 7 \ , - . .\- \ ' \ 4°I . 0010111111 ` parking\-ot t.� t day"in Hot t -N fit:- tk., \-------- .c\let i .4.IL\ .71-' - ' irlt --I 4 Georgi Stoyanov Agenda Item 17 Page 7 Site Photos j_ 41PS 4. rAIVYk _ �'t- � . s �� .- , m..� i' • - - 5 Georgi Stoyanov Agenda Item 17 Page 8 — : _,._ ______ __ .. ._, ._ ._ Iiiir• . , .,.. .,..,__, . .:. -5-1-,-,,, i ,:. ____ . ,.,._;____::_ :,, • I I Itch f -__ - _ _ I _____ _____ , s e ,, _ • _,,. ___ ___ , , :...,, _____:._ _. Eye. -. - 1 , . ----. . - ---- -H..:-.o.--- - -:- -- i,.,._ ___ _____,,,,, . , I _ tom'A/.. - '' / , :T.' •l T-i . —. .4101,--4r-::^t ; Sit ci t- -` . - - •*-.....-44 0,00\-. . .....:...,•—s.N\ ,..!,I _.,,—.------ -- ti f tea.. _',_. .--41!,...46,... _so),._-__,-:.-- ,--- , . 1 -- y- -, 0+ �, .� r Site Photos Georgi Stoyanov Agenda Item 17 Page 9 ,N. • -i I 1 LP 'a v,„A ' - ' _ , ___ .- , , ,___..„.. _ ____ N . I liv,is, 4t _ _____ ..,.._. kiiiii1/4„, 1 e1/4„,„le., kt,4-1,- -k , , ,_ , , , , , _ , . IN.. 1 . ., 4**: _ ,Tif S Ilk ' 4 skill 1 tr . .., I I - fir, ,!.� f l e i III'` �'V' , -_'-- -Tail h -/10.., }.'• +: fir% =�' 1' 111 al __. . • N. -i' •t /i j -' ---"Zalii I-- i . , \ \ <'` I 1 . \ \\\\s\''':."L--, ',.. Lo _iniimminimmomp . _.- ,, ,-- - • i _ _ . . ._ l e . i ,.., _....._ . ,,,-t- „ __ rvilaa ...._.., . . ,.. .____ 4. .-„, , / ,--- --- .„,,,,., _,...., -- r,.1 ..-. . O i i 1 _ _._ ____ _ _........ ,. T.7ag- t t Rt .�: litc lie/ IMF- s _. Disclosure Statement Georgi Stoyanov Agenda Item 17 Page 10 Disclosure Statement Cam ri i'ay.ew Ireodi 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 Georgi Stoyanov Does the applicant have a representative? D Yes I No • if yes,list the name of tre representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Li Yes UI No I'yes,list the names of all officers directors r'embe•_ • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2 2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or('ii)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 arc common or cornrn.nged 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 Page Disclosure Statement Georgi Stoyanov Agenda Item 17 Page 11 Disclosure Statement \43 cti�ht�.wti s.� 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 Pi 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 fnar:'a'i^st•ut n-s p'cviding the sery ee. tJ Wi.ulusale Mu'rgag- Imran Bagwan 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property, ❑Yes El 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 lid No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from en 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?U 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 R No • If yes,identify the purchaser and purchaser's service providers Revised 11 09 2020 2 1 P a p; Disclosure Statement Georgi Stoyanov Agenda Item 17 Page 12 Disclosure Statement Planning&Community Development • 6 Does the aophrant have a construction contractor in cnnrn cr o•w••' .c•c s,bic.c the ac cation or any business to be oaera'ed on the property%171 Yes No • If yes,identify the company and indivroual provrdo g in se, ce / Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property%L Yes III No • If yes,identify the firm and individual prov ceng 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?D Yes IN 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 F orm is complete,true;and accurate ±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 Georg,Stoyanov-owner Print Name and Title 12/1/2021 • Date Is the applicant also the owner of the subject property? ■Yes C 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)weeksprior to any Piann►n:Commission and City Council meeting that pertains to the applications No �'/ �Q changes as of 05/05/2022' /GL� li'/L �o/1 i PrintNern Hank Morrison Revised 1 109 2020 3 1 P a g e Next Steps Georgi Stoyanov Agenda Item 17 Page 13 • 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. Georgi Stoyanov Agenda Item 17 Page 14 2 _ I— __ c Z 40 cn in V L7 t' o , , ., _� ccQam.,z ' i� rA- -.46- .46,' _.,....., - -'.,Q1, '..1 1, :, . . _ .. , , ( I. r I; _ kik, ..3»a .' t s aA. ar (LI __I _tea , 1 a i+ c ^ Q �] M - E fir= 9 en -:r 2 0 t' • (I) 0 1 Virginia Beach Planning Commission May 11, 2022, Public Meeting Agenda Item # 17 Georgi Stoyanov [Applicant & Property Owner] Conditional Use Permit (Short Term Rentals) Address: 4005 Atlantic Avenue, Unit 115 RECOMMENDED FOR APPROVAL—CONSENT This agenda item was included in the consent agenda. Mr. Georgi Stoyanov participated via WebEx and accepted all of the conditions of his application. A motion to approval all items on the consent agenda was made by Commissioner Alcaraz, with a second by Commissioner Weiner. By a recorded vote of 9 in favor, zero against, with an abstention by Commissioner Redmond, agenda item 17 was recommended for approval. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver ABSENT Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue Unit 115, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 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. Hank Morrison From: Charlene Leahy <cwleahy@gmail.com> Sent: Saturday, March 5, 2022 8:03 AM To: Hank Morrison Subject: Short Term rental - Accela record: 2021-PCCC-00374 Follow Up Flag: Follow up Flag Status: Flagged [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. Morrison, I am unable to attend the meeting to discuss the latest request for short term rental status on the Oceans II property. I would like to register my opposition. I have property adjacent to Oceans II and the new Marriott Condos, and am opposed to the number of units on both properties now requesting short term rental approval. Use of those properties for short term rentals subjects the owners of adjacent properties to multiple renters who may not follow applicable HOA or Virginia Beach rules. Our property value will be decreased if we are in an area that is surrounded by multiple short term rentals. Being next to a hotel is bad enough, but at least the hotel management has the right to govern misbehavior immediately. Finding and contacting the owners of units where renters are flouting noise, smoking, parking, or other rules puts an undue burden on individuals affected by the behavior. I want to go on record as opposing any and all Short Term Rental Conditional Use Permits for this area. Thank you for your attention to this matter. Charlene and David Leahy The Oceans, CS 13 4004 Atlantic Avenue Virginia Beach,VA 23452 1 Hank Morrison From: jimnora@aol.com Sent: Tuesday, March 8, 2022 1:50 PM To: Hank Morrison Subject: 4005 unit 115 3/9/22 public hearin 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 Hank Morrison, PLEASE NO MORE STR @ 4005 Atlantic Ave We are owners of a unit at the above address, and also operate a STR, however, we oppose any more STR, at this address. 4005 Atlantic Ave., has many STRs,whether they're operating illegally or not is hard to know. The nature of the layout of the building itself, lends to inconspicuous renting and avoiding the set VB STR, ordinances. It's my understanding that 4005 Atlantic Ave., could possibly have STR operating illegally without zoning permits. There are probably 15 STRs maybe upwards to 20. It's hard to tell who is legal or not. We as owners have requested a list of units that operate as legal STR and the owners contact, on our condo website or such a list mailed out to each owner via the HOA board or management company. But no such list has happened to inform owners. Is there a way that holds the board or management co. Accountable for signing off on STR and assuring required permits are in place. We feel as owners this accountability to the board and management would reduce illegal operation and assure o property owners our building is secure, safe and in compliance. We had our life and safety inspection in February and we asked the inspector how many inspections he had done from the STR at 4005 Atlantic Ave& he said "we were the only ones at this address." And yet there are STR all around us operating, and we know they know about the requirements and zoning permit. We know the board knows and management knows , we've suggested they send a notice to owners that are operating illegally the ordinance requirements and required zoning permit. To our knowledge nothing has been sent out. And even people on the board, continue to buy units, request CUPS, and yet continue to rent they're multiple units without being in compliance. SO PLEASE NO MORE STR AT 4005 Atlantic Ave. At least until all STR are in compliance are building is secured, and the HOA board has a plan to regulate STR, and our building violations are remedied Please make this letter known to those who are making decisions and allowing more permits for STR, at 4005 Atlantic Ave.. Understand we also have a STR, and rent responsibly, we enjoy ours as a family and also enjoy sharing it with guests who might not be able to experience all that VB has to offer. But to allow anymore permits for STR at this address would only decrease the enjoyment, safety, and the value of the current owner's property. 4005 Atlantic Avenue building is a gem sitting in a beautiful area of VB, I believe you would agree. It is one of the small buildings still left on the Oceanfront with charm. We believe as owners it is our duty to take care of it, however the current explosion of STRs is stealing the unique charm of ownership of this community and the beauty it brings to the area of 40th &Atlantic. We believe it is a positive thing for the city of VB and 4005 Atlantic Avenue's owners to protect its unique charm. Unfortunately, with the explosion of STR and nature of our building, greedy investors are soliciting the units, buying up several and renting them out like crazy, not considering the effect, it has on owners who are full time residents and owners that use their units for family time and vacations. We do appreciate the city of VB for letting us voice our opinion concerning the impact of more STR will have at 4005 Atlantic Ave. and we hope you'll pass this on to those who will be allowing permits or not. Unfortunately, we are not able to attend the meeting nor comfortable speaking in public. But as owners that have rented for twenty years, we are so glad for the city's response to the current STR explosion, and the appropriate guidelines. Sincerely, Concerned Owners at 4005 Atlantic Ave. Sent from the all new AOL app for iOS 1 Sent fr•m the all new AOL a for iOS 2 Hank Morrison From: jimnora@aol.com Sent: Wednesday, March 30, 2022 9:44 PM To: Hank Morrison Subject: We're opposing "ANY MORE" STR 4005 Atlantic Ave. unit 115, for safety reasons 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. J. Morrison Please forward to City Council concerning STR, this address & Unit, hearing, and date. I'm writing this letter to oppose"ANY MORE" short term rentals at 4005 Atlantic Ave.. This is in reference to a public hearing regarding unit 115, we're opposing the allowing of once again adding "another STR" at Oceans II, 4005 Atlantic Ave.. There are currently, out of 42 units in this building 15 to 20 STR, some are operating legally while others are operating illegally. If the city of VB continues to allow, "any more" STRs you are allowing the owners and the units already operating legally and illegally to be at risk for harm. Our building already has several violations and allowing for'another STR' at this property only makes it more difficult to remedy the illegal STRs here, and adds another burden on the zoning department to work through the number of violations that are already on record, at this address, and it does not aid in helping the Zoning Department to isolate and remedy noncompliance STRs. We have a lack of security here at Oceans II. With the allowance of every applicant for a STR at this address you are opening up more and more opportunities for strangers to be on the property, at all hours. Along with lack of adequate security we do not have on site management, which leads to the opportunity of non compliance guests to roam and do what they want to at all hours of the day and night, putting others at risk for harm. Adding more STR only adds to the foot traffic on the property and questions of who is a guest and who is not. Oceans II not only has 42 units, which consists of wide open oceanfront units, wide open 2nd floor units, wide open third floor unite, wide open pool side units, wide open second floor units with a large back deck, wide open back of the building units, hidden hallway units, if one would want to sleep and keep warm there's always the hallway, or one could just go through the gate, which by the way, if there is a gate, there are no locks on them, all one has to do is pull up on the gate handle and one can roam anywhere they want to on the property. Oceans II also has a basement that have the time is wide open, a shed, open gated fenced dumpster back side, easy to climb, but why would one do that when you can just walk onto the property. As a matter of fact that is what people do all the time. They walk onto the beachfront lawn use the chaises, use the chaises on the second floor back deck. There's no limit to where owners, guests or just plain strangers can go on the property, at anytime of the day or night. And then of course there's another big factor that lends to the public roaming the property, we have a Restaurant on the property which is popular and brings the public in. Most of you on council probably have not been to Oceans II but maybe you have visited the Restaurant on the Property, if you have you probably know that there are no barriers to owner's units from the public. Owners have asked for adequate security but unfortunately it just isn't happening with current management and board. Which is why it is so important for City Council Members to stop allowing "More STR" please take this letter serious, it is not a joking matter. We have had people hiding in the basement, sleeping on porch furniture which for some units are under the bathroom windows, sleeping on the beachfront lawn and furniture. So, Please say "No". "More STR" it is a safety hazard! Harm waiting to happen, There are just too many strangers without proper security at this time. Please, you stopped STR in the North End Neighborhood, we're their neighbors too, please stop it here. It has not always been this run over with STR since the property was turned into condos in 1974. We have owned our unit for over 20 years so we know what we're talking about. Yes we do own a unit that is legally a STR, we also use it as a family, and with our grandkids, and give days at times for charitable reasons, as we have for many years. What is happening now is not what we're about and not safe for this building. It's out of hand here and our building is not made for"continuing to add STRs'. Please we're relying on council to make a good judgement call. Come check out the building and see all of the places to hide and how wide open and vulnerable our building and people are here, and remember we don't have any security to speak of or on site management, our gates do not have locks, our hallways and stairways do not have barriers to keep unauthorized people off the property or from getting to units. Thank You, 1 Concerned Owners at 4005 Atlantic Ave., VB P.S. We have received a notice concerning this hearing date, 4005 Atlantic Ave., unit 115. That is not a resident here at this address it belongs to someone else. We are returning it to the sender which is,the city of VB. This is the second time we have received a notice of a STR hearing that belongs to someone else. I called the city of VB the first time to alert them, but now we're still receiving a STR hearing notice that belongs to someone else. And now we're wondering where our notices are. Is this the proper order of things? Or should things be redone? 2 M . ►�i11A 6�1. 17. f,;C.—. a) -Jt: . �c LV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE TO ADD TERMS RELATED TO ENERGY STORAGE FACILITIES. AN ORDINANCE TO ADD SECTION 225.02 TO THE CITY ZONING ORDINANCE TO ADD REQUIREMENTS TO ENERGY STORAGE FACILITIES. AN ORDINANCE TO AMEND SECTIONS 1001 OF THE CITY ZONING ORDINANCE TO INCLUDE ENERGY STORAGE FACILITY AS A USE PERMITTED WITH A CONDITIONAL USE PERMIT IN THE I-1 AND 1-2 DISTRICTS. (SPONSORED BY VICE-MAYOR WILSON) MEETING DATE: May 17, 2022 ■ Background: This proposed amendment was deferred by the City Council on April 5, 2022, in order to provide additional time for study. Economic Development has received unsolicited requests to place energy storage facilities within the city. Energy Storage Facilities are currently not permitted as the use is not defined within the Zoning Ordinance. With the various renewable energy projects within the city, energy storage facilities are necessary to achieve maximum performance of these facilities. This amendment is sponsored by Vice Mayor Wilson. The purpose of this ordinance to add energy storage facility as a Conditional Use in the I-1 District (Light Industrial) and in the 1-2 District (Heavy Industrial). Energy Storage Facility will be added to Section 111 of the Zoning Ordinance defined as "Energy storage equipment or technology that can absorb energy, store such energy for a period of time, and redeliver energy after it has been stored. This term includes battery storage facilities." • Considerations: This ordinance will add energy storage facilities as a use in the Zoning Ordinance and include applicable regulations and restrictions. The ordinance considers the risk of fire associated with a battery storage use by proposing a 100-foot setback from all property lines to protect surrounding properties from the risk of fire. The use is proposed with a Conditional Use Permit (CUP) in both districts, allowing City Council to require the most current and most appropriate, site-specific fire prevention plans as part of the CUP in addition to the ordinance required 100 foot setback. Examples of current fire prevention City of Virginia Beach — Energy Storage Facilities Page 2 of 2 measures recommended by Dominion Energy (one group proposing this use) include: • 25 foot spacing or appropriate firewalls between groups of containers (less than 6MWh per group) • Battery management system (BMS) to monitor voltage, temperature, humidity, off-gassing, fire, ground fault, and DC surge • BMS will be able to safely shut down system prior to occurrence of thermal runaway events • Adequate facility signage on Hazardous Materials present in the vicinity • Fire detection system and system appropriate sensors and alarms • System-specific emergency response plan and adequate access/egress for first responders • Training for first responders on the potential hazards and risks As these proposed plans can vary, they will need to be submitted with any conditional use permit for review by staff (including the Fire Marshall's Office) to assure all safety measures will be met. 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 11-0, to recommend approval of this request. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Dominion Energy Presentation Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Planning Department/Agency: Department P - O City Manager: 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE TO ADD 3 TERMS RELATED TO ENERGY/BATTERY 4 STORAGE FACILITIES, TO ADD SECTION 5 225.02 FOR REQUIREMENTS FOR 6 ENERGY/BATTERY STORAGE FACILITIES 7 AND TO AMEND SECTION 1001 TO 8 INCLUDE ENERGY/BATTERY STORAGE 9 FACILITIES IN THE I-1 AND 1-2 ZONING 10 DISTRICTS 11 12 Sections Amended: §§ 111 and 1001 of the 13 City Zoning Ordinance 14 15 Section Added: § 225.02 of the City Zoning 16 Ordinance 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111 and 1001 of the City Zoning Ordinance are hereby amended 25 and Section 225.02 is hereby added and reordained to read as follows: 26 27 Sec. 111. Definitions. 28 29 For the purpose of this ordinance, words used in the present tense shall include 30 the future; words used in the singular number include the plural and the plural the 31 singular; the use of any gender shall be applicable to all genders; the word "shall" is 32 mandatory; the word "may" is permissive; the word "land" includes only the area 33 described as being above mean sea level; and the word "person" includes an individual, 34 a partnership, association, or corporation. 35 36 . . . . 37 38 Day-care center. Any facility, other than a family day-care home, operated for the 39 purpose of providing care, protection and guidance during a part of the twenty-four-hour 40 day to a group of: (1) children separated from their parents or guardians; (2) adults 41 sixty-two (62) years of age or older; or (3) persons under a disability during a part of the 42 twenty-four-hour day. 43 44 Decommissioning. The removal and proper disposal of equipment. facilities, or 45 devices on real property. including restoration of the real property upon which 46 equipment, facilities, or devices are located. Restoration of the real property shall 47 include soil stabilization, and revecgetation of the ground cover of the real property 48 disturbed by the installation of such equipment, facilities, or devices. 49 50 . . . . 51 52 Eleemosynary or philanthropic institution. A charitable or benevolent operation 53 qualifying for tax exemption under section 501 of the Internal Revenue Code of 1954, as 54 amended. 55 56 Energy storage facility. Energy storage equipment or technology that can absorb 57 energy, store such energy for a period of time, and redeliver energy after it has been 58 stored. This term includes battery storage facilities 59 60 . . . . 61 62 Sec. 225.02. Battery storage facilities/energy storage facilities. 63 64 (a) Application. Each application for a conditional use permit for a battery storage 65 facility shall include the following general information: 66 67 1.1) Decommissioning Plan. As part of the project application, the applicant 68 shall submit a decommissioning plan, which shall include the following: 69 70 a. The anticipated life of the project; 71 72 b. Contact information for the party responsible for site 73 decommissioning; 74 75 c. Timeline for, and written description of, decommissioning 76 procedures which shall include, but not limited to, removal of any 77 above and below ground tanks, cables, fencing, debris, buildings, 78 structures or equipment, to include foundations and pads, related to 79 the facility and restoration land and related disturbed areas to a 80 natural condition or other approved state. At time of approval, the 81 City Council may approve and condition a request by an applicant 82 to have certain items intended to be utilized to serve a permitted 83 use on the site to remain, provided site plan approval is obtained; 84 85 d. "Natural condition" shall be taken to mean the stabilization of soil to 86 a depth of three (3) feet and restoration of site vegetation and 87 topography to its pre-existing conditions provided that the exact 88 method and final site restoration plan shall be subject to site plan 89 review giving, among other things, consideration to impacts upon 90 future site use, environmental and adjacent property impacts. The 91 Director of Planning or their designee may approve a request by 92 the landowner for alternatives to site restoration to allow roads, 93 pads or other items which will serve a future permitted site use to 94 remain. Where applicable, if the Director of Planning or their 95 designee determines that a restoration plan significantly deviates 96 from the description and conditions approved by the City Council 97 such plan shall require amendment of the conditions by City 98 Council. 99 100 (2) Project Description. A narrative identifying the applicant, owner, and 101 operator, and describing the proposed battery storage facility, including an 102 overview of the project, its location, and maintenance plan for the project; 103 approximate rated capacity of the battery storage facility: a description of 104 ancillary facilities, if applicable; and analysis of the beneficial and adverse 105 impacts of the proposed _project on natural and historic resource, prime 106 agricultural soils, or forest lands. 107 108 a) Site Plan. The site plan shall conform to the preparation and submittal 109 requirements of the City Site Plan Review process, including supplemental 110 plans and submissions, and shall include the following information: 111 112 a. Existing and proposed buildings and structures, including 113 preliminary location(s)of all proposed equipment. 114 115 b. Existing and proposed access roads, drives, turnout locations, and 116 parking: 117 118 c. Location of any substations, electrical cabling, ancillary equipment, 119 buildings, and structures (including those within any applicable 120 setbacks). 121 122 d. Fencing or other methods of ensuring public safety. 123 124 j Special requirements. 125 126 (1) When the owner or other responsible party decommissions a battery 127 storage facility, they shall handle and dispose of the equipment and other 128 project components in conformance with Federal, State, and local 129 requirements. 130 131 ) At such time that a battery storage facility is scheduled to be abandoned, 132 the owner or operator shall notify the City Manager or his/her designee. 133 134 (3) Within 365 days of the date of abandonment,the owner or operator shall 135 complete the physical removal of the battery storage facility. This period 136 may.be extended at the request of the owner or operator, upon approval 137 of the City Council. 138 139 � A one hundred (100) foot setback shall be required along all lot lines. 140 141 ) Category VI landscape screening shall be required within the setback. No 142 other uses or structures shall be permitted in the setback. 143 144 Lc) Factors relating to approval. Before issuing any conditional use permit for a 145 battery storage facility, the City Council shall give due consideration to the 146 following factors: among others: 147 148 The visual impact of the project in conjunction with landscaping and 149 screening plans. 150 151 L) Impacts to protected environmental features. 152 153 t) Bonding requirements. The City Council may require a bond or letter of credit in 154 an amount and with surety satisfactory to the department of planning, securing to 155 the city compliance with the conditions and limitations set forth in the conditional 156 use permit. 157 158 . . . . 159 160 Sec. 1001. Use regulations. 161 162 (a) Principal and conditional uses. The following chart lists those uses permitted within 163 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective 164 industrial districts shall be permitted as either principal uses indicated by a "P" or as 165 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 166 prohibited in the respective districts. No uses or structures other than as specified 167 shall be permitted. 168 Use I-1 1-2 Battery Storage Facility/Energy Storage Facility, subject to the C provisions of section 225.02(b). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I (VIN,:):,),\.).V,..,,------ Planning D partrrlent City Attorney s Office CA15700/R-3/February 21, 2022 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing March 9, 2022 Energy Storage Facilities 0 IN cm,of Virginia Beach Request An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities. An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities. An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with a Conditional Use Permit in the I-1 and 1-2 Districts. Summary of Request This amendment is sponsored by Vice Mayor Wilson.The purpose of this ordinance to add energy storage facility as a Conditional Use in the I-1 District (Light Industrial)and in the 1-2 District (Heavy Industrial). Energy Storage Facility will be added to Section 111 of the Zoning Ordinance defined as "Energy storage equipment or technology that can absorb energy, store such energy for a period of time, and redeliver energy after it has been stored.This term includes battery storage facilities." Special Requirements will be added as follows: • Unsafe or abandoned facilities determined to be unsafe by the City Building Official shall be required to be repaired or be removed • Decommissioning plan will be required • A 100 foot setback will be required along all lot lines • Category VI landscape screening shall be required within the setback Economic Development has received unsolicited requests to place energy storage facilities within the city. Energy Storage Facilities are currently not permitted as the use is not defined within the Zoning Ordinance. With the various renewable energy projects within the city, energy storage facilities are necessary to achieve maximum performance of these facilities. Recommendation Staff recommends approval of this Ordinance as the battery storage facility use is necessary to support the offshore wind projects that will come into the City. City of Virginia Beach Agenda Item 1 Page 1 Virginia Beach Planning Commission March 9, 2022 Public Meeting Agenda Item #1 City of Virginia Beach An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities. An Ordinance to add Section 225.02 to the City Zoning Ordinance to add requirements to energy storage facilities. An Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permitted with Conditional Use Permit in the I-1 and 1-2 Industrial Districts. RECOMMENDE FOR APPROVAL— CONSENT Jack Wall: Thank you, Madam Clerk. The next order of business is the consideration of requests to withdraw or defer an item. Please come forward if you have any items to be withdrawn. Okay. Seeing none, please come forward if you have any items to be deferred. Okay, all right. Thank you. The next order of this is the consent agenda and I'm going to turn that over to the vice chair to run that portion of the meeting. George Alcaraz: Thank you, Mr. Chair. Today we have four items on the consent agenda. These applications that are recommended for approval by staff and the Planning Commission have concurred and the... I'm sorry. And there are no speakers signed for in opposition at this time. Is that correct? Okay. Item number one, An Ordinance to amend Section 111 of the City Zoning Ordinance to add terms related to energy storage facilities, an Ordinance to add Sections 225.02 City Zoning Ordinance to add requirements to energy storage facilities, an Ordinance to amend Sections 1001 of the City Zoning Ordinance to include energy storage facility as a use permit with a conditional use permit in the I-1 and 1-2 Industrial Districts, and I'm asking the Zoning Administrator, please come forward and present this agenda. Hannah Sabo: Thank you. Yes, this amendment was sponsored by Vice Mayor Wilson. It does include three portions. The first portion is an amendment to Section 111 of the City's Zoning Ordinance to add the definitions of energy storage facility and decommissioning. The second portion is adding Section 225.02 to the Zoning Ordinance that would add the requirements to the energy storage facilities as a new use, including a hundred foot setback and landscaping requirements and decommissioning. And then the last portion is an Ordinance to amend Section 1001 of the Zoning Ordinance to include energy storage facilities as a use permitted in the I-1 and 1-2 Industrial Districts, both with a conditional use permit. 1 George Alcaraz: Thank you. Is there any opposition to this item being placed on the consent agenda? All right. Hearing none, I'm going to go to consent agenda item number two, Baker Road Properties, LLC for I-1 Light Industrial District Conditional A-36 Apartment District. Is there a representative here to speak? Please state your name for the record. George Alcaraz: Thank you. Mr. Chair, that was the last item on the consent agenda. Consent agenda and the Commission places the following applications on the consent agenda, items one, two, four and five. Jack Wall: Okay. Thank you. Do I have a motion to approve by consent items one, two, four, and five? Madam Clerk: I'm sorry, Mr. Wall, who made that motion? John H. Coston: George made it. George Alcaraz: Yeah. I was going to make it. Jack Wall: Yes. Yeah, go ahead. George Alcaraz: Thank you. I make a motion to approve agendas one, two, four, and five in the consent agenda. Jack Wall: Okay, thank you. It's there a second? Donald H. Horsley: Second. Jack Wall: Okay. 2 Dave Redmond: Mr. Chairman. Jack Wall: Yes? Dave Redmond: Mr. Chairman, I am going to vote in favor of those items on the consent agenda. However, should note that I have a letter on with the City Attorney's office. So I will specifically be abstaining on agenda items, number four and five, the two short-term rental applications. I have a client in the travel industry and I abstain from not just individual applications, but any sorts of ordinances that relate to that as well. Thank you. Jack Wall: Okay. Thank you. So we have a second. Do we have any other abstentions? Okay. The motion for approval is made by Mr. Alcaraz and seconded by Mr. Horsley. Madam Clerk: Thank you, Mr. Chairman. The vote is open. Barry Frankenfield: Let's see if I can do this. I've never done this before. I've never done it before. Madam Clerk: By recorded vote of 11 in favor and zero against agenda items one and two, are recommended for approval. By recorded vote of 10 in favor, zero against with an abstention by Mr. Redmond on agenda items four and five have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Bradley AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 ig M. 4�-%M i•�f; It 1 4 P t ir. Y:r1 1. ,". i"t a r , ' / 'NIP 44°4 de • '4!‘ .!,' .,- fIT Li-ion Tin -- ., , Energy Storage in Virginia Mow Dominion ••• Energy® Battery Storage Development and Permitting Considerations July 2021 Executive Summary Dominion Energy Storage Provides Local Benefits when Properly Sited and Permitted Energy ❑ Need for Energy Storage in Virginia ❑ Virginia Clean Economy Act ❑ Grid Reliability ❑ Overview of Battery Storage and Lithium-Ion Projects ❑ Battery Energy Storage Risks Can be Mitigated by Permitting, Design, and Training ❑ Considerations for Localities ❑ Safety and Permitting ❑ Revenue Share/Tax Benefits /Siting Agreement 2 „ . iditnergyStorage in Virginia 07* Dominion .•�' Energy VA Clean Economy Act. Significant Changes to our Grid Expected /'''` ❑ VCEA to accelerate renewable energy growth in Virginia VIRGINIA ■ Establishes a mandatory Renewable Portfolio Standard (RPS) that provides a framework for 100% zero-carbon generation by the end of 2045 with critical CLEAN customer protections for reliability • 75%of RECs must come from Virginia facilities starting in 2025 ECONOMY ❑ Includes the following requirements of Dominion Energy Virginia: ACT OF 2020 • Solar/Onshore Wind: 16.1 GW including 1.1 GW of small scale (not to exceed 3MW) (-65%utility-owned, 35%power purchase agreements). We must petition the VA It's time to be ambitious. State Corporation Commission for at least: Comparison of State Energy Storage Policies • 3,000 MW by end of 2024 • 6,000 MW by end of 2027 (cumulative value) .; - i Goal ',.'" r i California 1.825 MW by 2020(Requirement) • Seven US states have policies tha) ■ 10,000 MW by end of 2030 (cumulative value) emphasize the role that energy Nevada 1.000 MW by 2030(Requirement) • 16,100 MW by end of 2035 (cumulative value) Massachusetts 1.000MWhby2025(Requirement) storage will play in their future New Jersey 2.000 MW by 2030(Goal) energy system • Offshore Wind: 5.2 GW utility-owned/purchased, including New York 3.000 MW by 2030(Requirement) Virginia currently has the largest] up to 3 GW by 2028 Oregon Minimum 5 MWh.up to 1'.peak load by 2020 I energy storage procurement • Energy Storage:2.7 GW including potential for 800 MW (Requirement) mandate in the US pumped storage;at least 35%from third-party agreements Virginia 3.100MWby2035(Requlroment) Source:Energy Storage Association 3 1 Energy Storage in Virginia �;i Dominion 00107-, Energy Dominion Energy Proposed Interim Energy Storage Goals Key Themes: Proposed VCEA Interim Energy Storage Targets for Dominion Energy Virginia Gradual ramp up of (Company Owned + PPAs) 3,000 storage over next 15 years 2,700 M w 2,500 Deployment is weighted toward the back half of 2,000 15-year period,when more renewables are m connected to our grid 1,500 1,200 MW causing the need for more storage Z,000 Allows for continued evolution of technology, 500 250 MW cost reductions, and V incorporation of lessons 0 learned 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 4 Energy Storage Overview Dominion Energy Storage System Uses Energy Energy Power Quality/ Imbalance/ Daily Peak Load Bulk Energy Frequency Shifting °q y Congestion Management c Pumped Hydro/ 3 i. uae.ta N Compressed Air ♦ . ..,.., r � �Energy Storage� •' _.. 4 r Flnw w.•r: ci Batteries/ E 1 MW Sodium E Sulfur • u",..;. E I Ice/chilled e S Flywheels water Example Facility— Fluence Cube(6th Gen) yr Lithium Ion 1 kW Lead Acid erg 0.1 1 8 15 Discharge Duration(Hours) U Energy storage systems allow energy to be captured and used in various methods to provide enhanced grid reliability and resiliency U Increased renewable generation creates the need to store excess renewable energy produced for use at a later time U Lithium-ion is most prevalent technology being deployed in the field currently based on cost and performance Dominion Energy Virginia's power grid will need the installation of energy storage systems to manage increased renewable generation output over the next 15 years ............. ........................ 5 1 Overview of Battery Storage Systems j► Dominion „00elfor Energy What is a Battery Energy Storage System (BESS)? " Battery Energy Storage System (BESS) Main Components Example Facility- Fluence Cube(6th Gen) FJ1 Low v oltage and Algrr .40 9, -6.-S v Power Control Electronics medium v oltage E�_ components 4.:' 9ATTERYill''/ CUBENODECOREARRAY 'ASKSlinyle pnysi a! Cube or stnnq ofColkctron of NodesCollection of Cores Fire detectionnrbes[n�ne.v�,n <onnectedtoaconnetteatoan � � system a DC b. transformer mterconnectron3ATTERY skirt., �� it i i • • 0��/ Intelligence: 1 `r �!±>ar r `. Array Controls& Transformer • sarF` • Application Software • - CABINET ••} -'f . i Connection: • b . Battery caEmets and I Electncal&Other • aattery managemert systen• P Balance of Plant Q r--t • U \.__ __ "at Controller,Aux Panel, Safety Components. Source:Fluence Energy rnntinn Ftr Li-Ion BESS are designed as modular groupings of containers POWef 1r1 \--- Teko Equipment Conversion that can accommodate varying MW / MWh ratios 6 1 Battery Storage System Fire Protection Dominion BESS Spatial Separation Example Energy p p p Reference layout for 50 MW /200 MWh BESS N_' _ ___ __ __ _ __ ____ ______ _ BESS layouts are designed with safety and ,(- i maintenance needs as top priorities / $ $ $ $ $ 1 $ r SAPP/101.0.0,”, t rZLI t I CIAdequate spacing and/or firewalls to limit I T $ $ 11 $ _ _ onv-•f propagation of fire between containers `�_0 Q Q Q 0 Q Q _ _ . ! ❑ Adequate access/egress for first responders and t q maintenance personnel a - - - - I- . , _ _ _. _ _ ._ _ _ ❑ Containers designed for ease of access to swap ....1____i..::: ----_:—"F—',"17-$ parts without entry into container i $ $ $ $ $ $• • ❑ Containers can be easily removed in the event \ H 11 $ fa of failure .1i 7 °p'A' m. r nuanrv.'y •e ti IFF Battery Storage " 'tes /► Dominion Overviewfor +rifg oo" Energy localities and mitigation approaches FIRE SAFETY eiNBATTERY LAND USE & VISIBILITY PI: 111':1,1. TRAINING MANAGEMENT C43 ❑Operate batteries within safe ❑Cell / Module/Unit level ❑Battery storage containers limits and monitor cells to battery testing (UL9540A 4th typically less than 15 feet in reduce the risk of fire events edition)to be performed height ❑Significant separation (-25 ❑Battery cells in containers ❑50MW/200MWh project feet) between containers during operation expected to occupy less than reduces the risk of a 6 acres compound fire event ❑Operational monitoring to be conducted on a 24x7 basis U Standard setbacks for ❑Training will be provided to generation and transmission first responders on proper ❑Proper offsite disposal of equipment will be utilized response protocols battery cells when damaged, failed, or at end of useful life/ U Manual flooding capability in site decommissioning lieu of automatic fire suppression 8 1 Storage System Permitting Dominion II Local Permittin Considerationsfor Stora a nergy 9 Energy 9 Primary Require energy storage projects to be developed, designed and constructed in such a manner as to Concern purposefully limit opportunities for fire, explosion,or other safety and environmental hazards System Design • Allow flexibilityforvarious types of installations so long as they adhere to state and nationalcodes and standards • Battery racks installed according to NFPA855 standards to facilitate isolation of failed batteries Site Plan/Visibility • Minimum of 100-foot setbacks from residential or site boundaries;appropriate vegetative buffers • Recommended 25-foot spacing or appropriate firewalls between groups of containers(less than 6 MWh per group) Safe Operation • Battery management system (BMS) to monitor voltage,temperature, humidity,off-gassing,fire,ground fault,and DC surge • BMS will be able to safely shut down system prior to occurrence of thermal runaway events Safety Disclosures • Adequate facilitysignage(chemistry and contact person)and accessible Safety Data Sheets • Adequate facilitysignage on Hazardous Materials present in the vicinity Emergency Detection • Fire detection system and no utilization of automatic fire suppression • System appropriate sensors and alarms Emergency Response • System-specific emergency response plan and adequate access/egress for first responders • Training for first responders on the potential hazards and risks Water Management • Stormwater management plan requirements • BESS enclosure or cabinet will provide secondary layer of physical containment Decommissioning • Require site restoration at end of useful life and decommissioning • Consider appropriate level of decommissioning reserves supported by escrow or balance sheet 9 IDominion Policy Changes I Solar / Storage Projects Energy Taxing Solar / Storage Projects "SolTax" • Virginia lawmakers approved changes to how solar and storage • The University of Virginia and DMME have developed a tool projects are taxed;choice of property tax(M&T with pollution called "SolTax" to help localities determine the optimal choice control tax exemptions) or energy tax (revenue share) for obtaining tax revenue. Model to be updated to reflect • Recent 2021 legislation has been passed that increases the legislative changes. maximum amount of revenue share by 10 percent every 5 years starting July 1, 2026. Property Tax Energy Tax First five years:80%exempt Up to $1,400per MW of i,.� Second five years:70%exempt capacity installed per project. ` Remainder: 60%exempt _ Facility im3 s composite in e 100%exempt from property formula.ow tax; does not impact - �� w m - -......".:� composite index. ``- epreciation of asset will impa`'i Depreciation of asset will not -.. �.•r"-�-' tax revenue. impact tax revenue = more ":•� predictability of expected tax I°"°°' revenue over the life of the fr. a . ,__ .. asset. 10 IDominion Solar / Storage Policy Changes Energy Siting Agreements for Solar / Storage Projects ,. • Recent legislation permits local governments and project ,.,.. developers to negotiate business terms and conditions .: for approval of solar and storage projects. ...r. • Must be reasonably related to the project but may , ,,. include dedications of real property and funding for important local capital projects: fr-• , • Items in the locality's capital improvement plan; �, /�fir' • Funds for deployment of broadband. AV Other Key Pointsgia 1111 • Approval automatically deems solar/ storage projects in \I , I Q{iI .w substantial accord with the comprehensive plan. • Developer still files land use applications regardless of illilM , 1111.11111,11111110 whether an agreement is reached. • Siting agreement may supersede provisions of the zoning ordinanceif agreement is reached. 11 Dominion Energy Storage Dominion Energy Key Contacts vis Mit" 111.101104V1 0.1 10111 .- .41me s r t r r r r r. • f + ) ,,, John Larson, Director Public Policy& Economic Development Bonita Harris, Regional Policy Director john.larson@dominionenergy.com bonita.b.harris@dominionenergy.com 804-921-1762 757-359-0196 Ricky Elder, Manager - Business Development,Energy Storage Chris Rees,Business Development Manager, Energy Storage Rt.t.elder@dominionenergy.com Christopher.j.rees@dominionenergy.com 804-339-1270 804-219-8494 12 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION GREEN RIBBON COMMITTEE INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEAL BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMSSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person 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=edae2adadcl e739e4663d3986306b6161 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 17, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/10/2022 PAGE: 1 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A D N COMOOL O C N Y L ONOUWS T HCEEME S S E OE I H R YBS S E R N N , II ORDINANCES 1 Ordinances to AMEND City Code Section 18-5.2 DEFERRED 8-3 Y Y Y Y Y YNNY Y N re business license fees and taxes and provide INDEFINITELY Revenue Offsets(Deferred from December 14, 2021) 2 Ordinances to TRANSFER from City Council Reserve for Emergent Needs to the FY2021-22 Convention and Visitors Bureau Operating Budget: a $15,000 and AUTHORIZE the City Manager to ADOPTED 8-3 Y N Y N Y Y N Y Y Y Y EXECUTE a Sponsorship Agreement with TEAM LAMB,LLC re support Juneteenth at the Beach(Deferred from May 3,2022) b $69,450 and AUTHORIZE the City Manager to ADOPTED 9-2 Y Y Y N V" Y N Y Y Y Y EXECUTE a Sponsorship Agreement with the Virginia African American Cultural Center,Inc. (VAACC)re support Unity in the Community Art Walk along the Boardwalk (Requested by Mayor Dyer and Council Members Berlucchi,Rouse,Tower,and Wooten) 3 FY2022-23 RESOURCE MANAGEMENT PLAN A RECONCILED PROPOSAL a FY2022-23 OPERATING BUDGET ADOPTED 10-1 Y Y Y Y Y YNY Y Y Y 1 Ordinance to APPROPRIATE$3,364,574,046 consisting of$656,969,389 in inter-fund transfers, $251,274,350 for intemal service funds,and $2,456,330,307 for operations for the Fiscal Year beginning July 1,2022,and ending June 30,2023 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 FY2023 3 Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/10/2022 PAGE: 2 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A D N C O M O O L O C N Y L ON OUW S T H C E E ME S S E O E I H R Y B S S E R N N 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 Ordinances to AMEND City Code Section: a 35-64 and 35-67 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons b 35-137,35-159,35-182,and 35-207 re tax revenue for the Tourism Investment Program(TIP)and Tourism Advertising Program(TAP)Funds c 21-501 re Technology Fees d 33-72 re Technology Fees e 8-31,8-31.1,8-32,8-33,8-34,and 8-37 re increase Permit Fees 6 Ordinance to RE-AFFIRM the City's commitment and to clarify the scope re Open Space Program b FY2022-23 CAPITAL BUDGET ADOPTED 10-1 Y Y Y Y Y YNY Y Y Y l Ordinance to ADOPT the FY 2022-23 through FY2027-28 Capital Improvement Program (CIP) and APPROPRIATE$387,493,552 re FY 2022-23 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$69,107,404 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$2,177,367 4. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$22,597,430 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/10/2022 PAGE: 3 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W \A' U R E L J R T I O C A D N C OM 0 0 L O C N Y L ON OUW S T H C E E ME S S E 0 E I H R Y B S S E R N N B COUNCIL MEMBER MOSS'PROPOSAL NO ACTION TAKEN AS a F11022-23 OPERATING BUDGET RECONCILED PROPOSAL WAS 1 Ordinance to APPROPRIATE$3,345,419,868 ADOPTED consisting of$662,327,512 in inter-fund transfers, $251,274,350 for internal service funds,and $2,431,818,006 for operations for the Fiscal Year beginning July 1,2022,and ending June 30,2023 2 Ordinance to ESTABLISH Tax Levy of ninety- one and seventeen hundredths of a cent($0.9117) on each one hundred dollars($100)assessed valuation on Real Estate for FY2022-23 3 Ordinance to ESTABLISH Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2023 b FY2022-23 CAPITAL BUDGET 1. Ordinance to ADOPT FY2022-23 through FY 2027-28 Capital Improvement Program(CIP)and APPROPRIATE $337,169,700 for FY2022-23 Capital Budget, subject to funds being provided from various sources set forth herein (Incorporates ten (10) Ordinances from the Reconciled Proposal: II.3.A.a.-4,5(a-e),and 6 II.3.A.b-2,3 and 4) C ADJOURNMENT 8:07 PM