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HomeMy WebLinkAbout8-16-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G1Nlp.•13z4C VICE MAYOR ROSEMARY WILSON,At Large S4` �S L MICHAEL F.BERLUCCHI,Rose Hall-District 3 04 j: +, LINWOOD O.BRANCH,Lynnhaven-District S Or BARBARA M.HENLEY,Princess Anne-District 7 N.D. "ROCKY"HOLCOMB,Kempsville-District 2 `'V_s`;" `7 ' DELCENO C.MILES,Bayside-District 4 JOHN D.MOSS,At Large AARONR.ROUSE,At Large °F OUR w.,`°4% GUYK.TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS August 16,2022 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. VBCPS SCHOOL REPLACEMENT UPDATE Melisa A. Ingram, Executive Director, Office of Facilities—VBCPS (Requested by Mayor Dyer and Vice Mayor Wilson) B. JUDICIAL CENTER(JUDGES) SECURITY PARKING UPGRADES 2:00 PM Shawn Rockwell, P.E., Interim Facilities Engineer—Public Works (Requested by Council Members Branch and Holcomb) C. RUDEE LOOP & CONVENTION CENTER RFII UPDATE 2:30 PM Taylor V. Adams, Deputy City Manager D. UPDATE ON CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE 3:00 PM Christopher S. Boynton, Deputy City Attorney II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. 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. MAYOR'S FORMAL SEATING OF THE VIRGINIA BEACH CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS August 9, 2022 H. MAYOR'S PRESENTATIONS 1. RECOGNITION OF KING NEPTUNE XLVIII W. Taylor Franklin and Court George& Gwen MacDonald, Celebration Chairmen 2. 60th ANNIVERSARY AWARDS Nancy Creech Jeanne Evans Cox Louisa Strayhorn I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Resolution to AMEND Exhibit A—Paragraph 3 of RES #4132 (Approving the execution of the First Amendment to the Dome Site Development Agreement)re Allocation of the Performance Grant between phases of the Atlantic Park Project (Requested by Council Member Branch) 2. Ordinance to TRANSFER$839,976 to Capital Project# 100225 "Judicial Center Maintenance" re Judicial Center Parking Security Upgrades (Requested by Council Members Branch and Holcomb) 3. Ordinance to AWARD a $5,000 Community Services Micro-Grant to The Kenneth Dorsey Jr. Foundation re support back-to-school supplies drives,free haircuts and free mentoring and tutoring services for Virginia Beach students (Requested by Council Member Moss) 4. Ordinance to AMEND Appendix J, Agricultural Reserve Program (ARP) Section 4(d) re processing of animals as allowed by the City Zoning Ordinance (CZO) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Second Amendment to the Purchase Agreement between the City and Princess Anne Hotel, LLC, at the intersection of Princess Anne Road and Community College Place 6. Ordinance to DECLARE approximately 4,693 square feet of City property at the intersection of Market and Columbus Streets, in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale to TC Hotel,LLC re construct twenty (20) additional hotel rooms 7. Ordinance to AUTHORIZE the acceptance of a dedication of approximately 0.619 acres of vacant land located on Leroy Road from Urban Associates—Foxfire re greenspace buffer 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the twenty-foot(20')strip of City property around Lake Joyce, located at the rear of 4528 Back Cover Road re construct and maintain rip rap, timber boat ramp, landscaping timber, existing wooden dock, block bulkhead, wood bulkhead and concrete boat ramp 9. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 45th Street 10. Ordinance to APPROPRIATE $90,000 from the Oyster Heritage Trust Fund to the FY 2022-23 Public Works Operating Budget re oyster shell recycling 11. Ordinance to ACCEPT and APPROPRIATE$51,700 In Lieu of Park Reservation from Enclave at Victory subdivision development to CIP #100299, Park Playground Renovations III 12. Ordinance to TRANSFER $136,494 within the FY 2022-23 Virginia Aquarium Operating Budget re security services K. PLANNING 1. WINNER'S PROPERTIES, LLC /THE RUNNYMEDE CORPORATION & EVERGREEN VIRGINIA, LLC for a Modification of Conditions re car sales and service at 3700 & 3736 Sentara Way DISTRICT 3 (Formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL 2. WITCHDUCK REAL PROPERTY, INC for a Conditional Change of Zoning from I-2 Heavy Industrial District to Conditional A-36 Apartment District re construction of up to 438 multi-family dwelling units at a density of 35.72 units per acre at 122 Mac Street DISTRICT 4 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 3. WILLIAM M. & JONI P.GREENE CO-TRUSTEES OF THE WILLIAM M. GREENE REVOCABLE TRUST & CO-TRUSTEES OF THE JONI P. GREENE REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1900 Landing Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 4. JENNIFER& JOSEPH BAILEY for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1404 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 402 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. PHILIP A. FLETCHER for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1400 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. LORI & STUART GOLDWAG for a Conditional Use Permit re short term rental at 2002 Baltic Avenue DISTRICT 6 (Formerly District 6 —Beach) RECOMMENDATION: APPROVAL 8. YOUSRY FARAGALLA for a Conditional Use Permit re short term rental at 314 29th Street, Unit A, DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 9. An Ordinance to AMEND Section 401 of the City Zoning Ordinance (CZO) pertaining to small scale agricultural processing as permitted uses in the Agricultural Zoning Districts (Sponsored by Council Member Henley) RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person 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=eed2493693ffe7734108feba179d2fdb3 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 16, 2022. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. VBCPS SCHOOL REPLACEMENT UPDATE Melisa A. Ingram, Executive Director, Office of Facilities—VBCPS (Requested by Mayor Dyer and Vice Mayor Wilson) B. JUDICIAL CENTER(JUDGES) SECURITY PARKING UPGRADES 2:00 PM Shawn Rockwell, P.E., Interim Facilities Engineer—Public Works (Requested by Council Members Branch and Holcomb) C. RUDEE LOOP & CONVENTION CENTER RFII UPDATE 2:30 PM Taylor V. Adams, Deputy City Manager D. UPDATE ON CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE 3:00 PM Christopher S. Boynton, Deputy City Attorney II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. 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. MAYOR'S FORMAL SEATING OF THE VIRGINIA BEACH CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS August 9, 2022 H. MAYOR'S PRESENTATIONS 1. RECOGNITION OF KING NEPTUNE XLVIII W. Taylor Franklin and Court George & Gwen MacDonald, Celebration Chairmen 2. 60th ANNIVERSARY AWARDS Nancy Creech Jeanne Evans Cox Louisa Strayhorn 1 e ':"*4%4'.11:41i 9,rs gbti 0uR moo is to tia Whereas: Nancy Creech has been a tireless community servant fulffiing numerous roles,many of them voluntary,all with the goal of enhancing the fives of Virginia Beach residents;and Whereas: She is the President of the Neptune'Festiva4 the non profit's long-time CEO and has been actively involved with the organization since 1974;and Whereas: 'Under her guidance,the festival's Boardwa&Weekend has become the City's Official Celebration andfargest annual event generating$23.5 mi/Eon in economic impact and$1.19 million in annual local ta.�revenue aril'was instrumental in bringing Virginia Beach's iconic King Neptune statue to the Boardwa fk and Whereas: She spent more than a decade as a mem6erof the'Virginia(Beach Planning Commission and was soon after elected to City Council and Whereas Nancy Creech has served as mem6er of the&sort Advisory Committee,chair of the'Virginia Beach Arts eZ Cultura[Advocacy Committee,a founding member of the Sandler Center Steering aZ 'Fundraising Committee,a hoard member of the'Virginia Beach(Poace'Foundation,the'Virginia Symphony Orchestra,the governors Schoolfor the Arts Foundation,'Virginia Maical'Iheater, Light RaidNow,the.7fampton meads Navy League,'Virginia(Beach'Vision;and Wh She has been honored'as the'First Citizen of Virginia Beach, Great Citizen of.�fampton meads, Hampton pads Woman of the'Year,a'Virginia Beach Champion for the Arts,Mardi Gras Queen, and a host of additional honors;and 'Whereas: 'Virginia Beach would not 6e the community that it is today without Mrs.Creech s vision, leadership,anddedacation;and Whereas: "Nostalgic'TAB"is a celebration of Virginia Beach pioneers and residents Ong up to the 60th anniversary of our great city in January 2023. Wow,'Therefore I,Robert M. "Bo66y"Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: Nancy Creech 24cipient of the "Virginia Beach Diamond"Award" In Virginia'Beach,and l calf upon the citizens and members within government agencies,pu6lac and private institutions,businesses,and schoo&in'Virginia(Beach to 6e of service for the benefit and 6etterment of the community so that future generations can appreciate andfurtlaer uplift our 6elovedCity of Virginia Beach. In 'Witness Whereof, I have hereunto set my hand and caused'the Official'Seal of the City of'Virginia Beach, 'Virginia, to he affixed this sixteenth Day of August,Two Thousand and Twenty-Two. .- may_ Imo, • '�"` Rpbert SM. "Bobby n Dyer • ;4�g r 5al ,. Mayor G�A.BF4C ie rr Nts OUR NATO 44 la to tiamatto it W yentas Jeanne Evans CaK has been instrumental in the growth and development of'Virginia Beach;and Whereas: During her tenure as the Chief of Staff to Second District Congressman Owen Pickett she helped 'Virginia Beach and the greater region preserve its military instal'ations and tenant commands through four Base Closure and realignment Commission hearings;and 'Wherear. She has further served the City in the Virginia(Beach Public Schools'Superintendent's Office crafting School Board-directed po&&cies and regulations,worked to ensure public transparency,and helped troubleshoot issues with administrators and educators;and Whereas:. She provided outreach to numerous locafcommunities including Virginia(Beach as the Rcgional Representative forrUS.Senator Jim Webb focusing on issues including transportation,environment, immigration,federal-appropriations,federalgrant opportunities,military procurement and more;and- Whereas: As the Executive Director of the Central-Business District Association,she has been an unflagging advocate for the Pembroke and-Town Center areas;and Whereas: Jeanne Evans Co. ,has or currently serves or chairs several integral community boards and commissions including the Chesapeake Bay Preservation Area Board the Virginia.ICistoric Resources Board the Green Ribbon Committee,the'Virginia Beach Mary Club,the Town Center Advisory Board the'Virginia Beach Advertising Advisory Board and more;and Whereas 'Virginia Beach is the thriving and successful community that it is today in large part because of the hard workof individuals ake Jeanne Evans Coy and Whereas: `Nostalgic VB"is a celebration of Virginia(Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. Now,'Therefore I,(Robert;fit. "Bobby"(Dyer,9tayor of the City of Virginia Beach,'Virginia,do hereby proclaim: Jeanne Evans Co., oRccipient of the "Virginia Beach cDzamon Aware In Virginia(Beach,andI calf upon the citizens and members within government agencies,pu6lc and private institutions, business,andschoois in Virginia(Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In'Witness 'Whereof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia, to 6e affixed this Sixteenth Day of August,Two'Thousand and-Twenty-Two. r ,. Robert 31. 'Bobby"(Dyer y � Mayor G1N1A•BEAc O t Lr a Ot O p! VrottamEttioit Whereas: Louisa Strayhorn has been a traifblazer in Coca(government,particularly for women of color,and Whereas She was the first 6fackwoman to serve on the Virginia Beach School-Board and as wetlas the first to 6e elected to the City Council and Whereas: During her tenure on the City Council Strayhorn was a staunch advocate for schools,public transportation,and an equitable distribution of pubfic resources;and Whereas: She championed the needs of residents of Seatackandworked to push forward the construction of the SeatackCommunity 1Zecreation Center,and Whereas Louisa Strayhorn conceived of and was instrumental in establishing'Virginia Beach's Minority Business Council;and Whereas After serving on the City Council'she continued to promote equity and diversity 6y leading the Virginia Department of Business Assistance with a mission to increase the number of minority-and women-owned small-businesses contracting with the state;and Whereas She has dedicated much of her career to serving the people of'Virginia Beach and beyond including chairing the'Urban League of?fampton meads and serving as Eecutive Director for'From One gland to Another,which supports(earning programs for underservedyouth;and Whereas °Nostalgic VB"is a celebration of Virginia(Beach pioneers and residents Ong up to the 60th anniversary of our great city in January 2023. Now,'Therefore I,2pbert M. 'Bobby"Dyer,Mayor of the City of'Virginia Beach, Virginia,do hereby proclaim: Louisa Strayhorn Wecipient of the "Virginia Beach Diamond-Award" In'Virginia Beach;and call'upon the citizens and members within government agencies,public and private institutions, business,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia(Beach. In Witness'Whereof I have hereunto set my hand and caused the Official Seat of the City of Virginia Beach, Virginia,to 6e affixed this Si2teenth(Day of f ugust,Two Thousand and Twenty-Two. ys -{ , , :'it_ , - 74°.-''',,11`61e6(../ T -i •• i Robert M. "Bobby"(Dyer ce :" - F,• A Mayor i I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Resolution to AMEND Exhibit A—Paragraph 3 of RES #4132 (Approving the execution of the First Amendment to the Dome Site Development Agreement)re Allocation of the Performance Grant between phases of the Atlantic Park Project(Requested by Council Member Branch) 2. Ordinance to TRANSFER$839,976 to Capital Project# 100225 "Judicial Center Maintenance" re Judicial Center Parking Security Upgrades (Requested by Council Members Branch and Holcomb) 3. Ordinance to AWARD a $5,000 Community Services Micro-Grant to The Kenneth Dorsey Jr. Foundation re support back-to-school supplies drives,free haircuts and free mentoring and tutoring services for Virginia Beach students (Requested by Council Member Moss) 4. Ordinance to AMEND Appendix J, Agricultural Reserve Program (ARP) Section 4(d) re processing of animals as allowed by the City Zoning Ordinance (CZO) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Second Amendment to the Purchase Agreement between the City and Princess Anne Hotel, LLC, at the intersection of Princess Anne Road and Community College Place 6. Ordinance to DECLARE approximately 4,693 square feet of City property at the intersection of Market and Columbus Streets, in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale to TC Hotel,LLC re construct twenty (20) additional hotel rooms 7. Ordinance to AUTHORIZE the acceptance of a dedication of approximately 0.619 acres of vacant land located on Leroy Road from Urban Associates—Foxfire re greenspace buffer 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the twenty-foot(20') strip of City property around Lake Joyce,located at the rear of 4528 Back Cover Road re construct and maintain rip rap, timber boat ramp, landscaping timber, existing wooden dock, block bulkhead, wood bulkhead and concrete boat ramp 9. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 45th Street 10. Ordinance to APPROPRIATE $90,000 from the Oyster Heritage Trust Fund to the FY 2022-23 Public Works Operating Budget re oyster shell recycling 11. Ordinance to ACCEPT and APPROPRIATE$51,700 In Lieu of Park Reservation from Enclave at Victory subdivision development to CIP #100299, Park Playground Renovations III 12. Ordinance to TRANSFER $136,494 within the FY 2022-23 Virginia Aquarium Operating Budget re security services ,r . �, _ , i. , ; -,,,.. iii .c. ,.._......., CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: Resolution to Amend Exhibit A of RES #4132 Regarding the Allocation of the Performance Grant Between Phases of the Atlantic Park Project. MEETING DATE: August 16, 2022 ■ Background: The City of Virginia Beach (the "City"), through its City Manager and staff, has engaged in extensive negotiations with representatives of Atlantic Park, Inc., a Virginia corporation ("Developer"), regarding the development of a mixed-use project on and around property owned by the City of Virginia Beach Development Authority (the "VBDA") located in the Oceanfront Resort area commonly known as the "Dome Site". On November 19, 2019, City Council and the VBDA each adopted resolutions authorizing the City Manager and the VBDA Chair to enter into the Dome Site Development Agreement (the "Development Agreement") and authorizing supplemental actions to allow for the multi-block, multi-use project (the "Project") to proceed. On November 16, 2021 City Council and the VBDA each adopted resolutions authorizing the execution of the First Amendment to the Development Agreement (the "First Amendment"). As provided for in the Development Agreement and First Amendment, once the Project is constructed, the Developer is eligible for an annual performance grant, which is a maximum of$5,000,000 of Project-generated revenues (the "Performance Grant") Exhibit A to the November 16, 2021 resolutions authorizing the First Amendment("Exhibit A"), among other things, approved breaking the Project into two phases and allocated the Performance Grant $3,000,000 to Phase I and $2,000,000 to Phase II(the "Current Allocation"). As projections for the Project continue to be refined, the parties desire to amend Exhibit A retain the ability to adjust the Current Allocation closer to closing on Phase I based on then-projected uses, sales and tax revenues for Phase I and Phase II. Closing on Phase I is expected by the end of this year. • Considerations: This action does not increase the Performance Grant, but only provides for an allocation between the phases. Developer has represented that increased flexibility in allocation will increase the likelihood of success of the Project. • Public Information: This item will be advertised via the normal City Council agenda process. ■ Requested by Councilmember Branch • Attachments: Resolution Disclosure Statement Recommended Action: Approval REQUESTED BY COUNCILMEMBER BRANCH 1 A RESOLUTION TO AMEND EXHIBIT A OF RES #4132 2 REGARDING THE ALLOCATION OF THE PERFORMANCE 3 GRANT BETWEEN PHASES OF THE ATLANTIC PARK 4 PROJECT 5 6 WHEREAS, the City Council adopted RES #4132 on November 16, 2021 ; 7 8 WHEREAS, RES #4132 included Exhibit A, Summary of Modified Terms; 9 10 WHEREAS, Paragraph 3 of Exhibit A, Summary of Modified Terms states: 11 12 3. The Performance Grant, which is currently a maximum of$5,000,000 13 of Project-generated revenues, will be divided between the phases, with 14 $3,000,000 allocated to Phase I and $2,000,000 allocated to Phase II. 15 16 WHEREAS, the anticipated project revenues for Phase I exceed the previous 17 projections, and accordingly, the City desires to amend Exhibit A, Summary of Modified 18 Terms to authorize the City Manager to agree to a revised allocation of the performance 19 grant between the two phases of the Atlantic Park Project. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA, THAT: 23 24 1. Paragraph 3 of Exhibit A, Summary of Modified Term shall be deleted and 25 replaced with the following: 26 27 3. The Performance Grant, which is currently a maximum of 28 $5,000,000 of Project-generated revenues, will be divided between 29 the phases, with $3,000,000 allocated to Phase I and $2,000,000 30 allocated to Phase II, subject to a possible final adjustment prior to 31 the closing on Phase I based on the then-projected uses, sales and 32 tax revenues for Phase I and Phase II. Any such adjustment to the 33 allocation of the Performance Cap between Phase I and Phase II may 34 be documented through a Memorandum of Approval in accordance 35 with the terms of Section 14.18 of the Development Agreement. 36 37 2. This Resolution shall be effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney_- CA15873 \\vbgov.com\dfs 1\appi cab ons\citylaw\cycom32\wpd cos\d005\p044\00822543.docx R-2 August 10, 2022 Disclosure Statement Itt13 k'alrl< & Communit> Dev.. • gin. 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 Atlantic Park,Inc. Does the applicant have a representative? ` ;Yes ❑ No • If yes,list the name of the representative. Michael A.Culpepper is the applicant a corporation,partnership,firm,business,trust wan unincorporated business?1 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-subsidiaryi or affiliated business entity2 relationship with the applicant (Attach a list if necessary) See attached 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§2.2-310L 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 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 Loral Government Conflict of interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement -NB Thinning & :4N-n- tyt -- s.- `el; `letis Known interest b, Public Official or Etnployae 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?3C Yes ❑ No • if yes,what is the name of the official or employee and what is the nature of the interest? City of Virginia Beach Development Authority Is owner. 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? r Yes ❑ No • tf yes,identify the financial Institutions providing the service. Applicant anticipates securing financing(capital provider has not been selected). 2. Does the applicant have a real estate broker/agent/reattor for current and anticipated future sales of the subject property? Yes ❑ No • If yes,Identify the company and individual providing the service. Venture Realty Group 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. BDO 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?r Yes ❑ No • If yes,identify the firm and individual providing the service. Cooper Carry,Hanbury,WPL,Kimley Horn 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 I P a g e Disclosure Statement 1443 Platy-ling 1)i..:€t:tr1)f." ii 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?M Yes In No • If yes,Identify the company and individual providing the service. Wit Jordan 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. WPI„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 ❑ No • if yes,Identify the firm and individual providing the service. Kaufman+Canoles Applicant Signature I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Coundj,VBDA,CEPA,Wetlands Board or any public body or committee in connection with this application. Art.of I or+s. /CPC !fret. ((1 _-t,�t_. Applicant Signature Nt•4•MAR A v./few"( P, I) Print Name and title - 1 - 'Lt_ 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 t.USCt3 ' .tsclosures must he uNlatc3 two(2)weeks prior to any Planning Commission and City Ccuncil m:et:ng that pertains to the applications No changes as of fate I Slinaiure I Print Name Revised 11.09.2020 3 I P a g e Atlantic Park,Inc. Venture Reeky Group Venture Realty Group 1,LLC Venture Waves,LLC Donna MacMillan-Whitaker Michael A.Culpepper John L.Gibson,III Bruce A. Berlin Elizabeth Matulenas Matthew L. Lafler Steven D.Green W.M.Jordan Company John R.Lawson H2O Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W.Bishard John K.Bishard Robert A.Deacon Disclosure Statement NA3 Planning& Community D elopment Owner Disclosure Owner Name City of Virginia Beach Development Authority("VBDA") Applicant Name is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? I Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The owner is a political subdivision of the Commonwealth of Virginia. Attached is a list of the Board of Commissioners of the VBDA • if yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • if yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(lii)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 P a g e „•1 tj J0 yG� if RJ t........‘:.... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $839,976 to Capital Project #100225, "Judicial Center Maintenance,” for Judicial Center Parking Security Upgrades MEETING DATE: August 16, 2022 • Background: The Department of Public Works, through its Facilities Management Group, the Virginia Beach Sherriffs Office (VBSO), and Office of Emergency Management (OEM), have taken steps to mitigate security vulnerabilities in the parking areas immediately adjacent to the court buildings. Most notably, funding was included in the FY 2021-22 Capital Improvement Program for design work to provide parking security upgrades. The basis of design for these upgrades is stakeholder comments and the Threat Assessment Report completed by the VBSO, dated July 1, 2017. Enhancements outlined in the report include the installation of cameras to cover parking locations and exterior building doors and parking lot perimeter enhancements, such as a higher brick wall or tall fence, to adequately conceal the enclosed areas from public view. Construction of the parking security upgrades as designed, as well as installation of cameras, are currently unfunded. Parking security upgrades to be completed include contracted installation of tall non- climbable pre-finished steel fencing with a sliding gate system that surrounds each of the three judges' parking lots. The fencing, as designed, will not allow physical or visual access into the parking areas. In addition, the south parking lot, which is the larger of three parking lots, will be expanded to include additional parking spaces. Project scope and total funds requested includes the installation of cameras, monitors, and associated conduit and cabling to surveil the enclosed areas. The project completion date is estimated to be summer 2023. Total budget estimate to complete the work as described (including design) is $1,089,976. As funds for design were provided in the amount of $250,000, this project requires an additional $839,976 to complete the specified work. • Considerations: City staff have identified funding sources to complete the construction and associated surveillance items from primarily completed projects. Project #100392, "City Security Enhancements," is still in use. Identified sources include: • Housing Resource Center (HRC) (#100207): $490,976 • Fire Asset Management Systems (#100072): $38,000 • Central Plant Generator (#100060): $14,000 • Library Enhancements (#100248): $149,000 • City Security Enhancements (#100392): $148,000 • Total: $839,976 Since this project will occur within a historical district, the specified improvements need to receive approval from the Historical Review Board. The next scheduled meeting for the Historical Review Board is August 17th. If approved by the Historical Review Board, the project will move forward as designed, and if denied, an appeal could be made for the City Council's consideration. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance, CIP Detail Sheet Requested by Councilmembers Branch and Holcomb REQUESTED BY COUNCILMEMBERS BRANCH AND HOLCOMB 1 AN ORDINANCE TO TRANSFER $839,976 TO 2 CAPITAL PROJECT #100225, "JUDICIAL CENTER 3 MAINTENANCE," FOR JUDICAL CENTER PARKING 4 SECURITY UPGRADES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $691,976 is hereby transferred from completed capital projects#100207, "Housing 10 Resource Center,"#100072, "Fire Asset Management Systems,"#100060, "Central Plant 11 Generator," and #100248 "Library Enhancements," to Capital Project #100225, "Judicial 12 Center Maintenance," for judicial center parking security upgrades, and 13 14 $148,000 is hereby transferred from Capital Project #100392, "City Security 15 Enhancements," to Capital Project #100225, "Judicial Center Maintenance," for judicial 16 center parking security upgrades. 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: /, -4 AAA,- itA v budget and anagement Services eify-Attorney's Office CA 15884 R-3 August 9, 2022 Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100225 'Title:Judicial Center Maintenance (Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location District:2 Project Type:Rehabilitation/Replacement Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 1,319,356 899,356 70,000 70,000 70,000 70,000 70,000 70,000 Description and Scope This project is for costs associated with the maintenance and renovation of the City's courthouse.The 318,502 square foot building was constructed in 1994.The building houses the General District Court,Juvenile and Domestic Relations District Court,Circuit Court,the Clerk of the Circuit Court, administrative offices,support staff for each of these courts,and the Wahab Law Library.Work to be performed under the scope of this project includes: HVAC,plumbing,carpentry,electrical,inspections,parking lot improvements/repairs,and security. Purpose and Need This project is funded by the$2 fee increase placed on all civil actions as approved by City Council with the FY 2016-17 budget.The Courthouse is one of the most utilized buildings in the City with over 1,500 visitors and 300 staff using the facility on a daily basis.As the building continues to age,various systems and fixtures will fail and need to be maintained or replaced. History and Current Status This project first appeared in the FY 2016-17 CIP. Operating Budget Impact Comments Operating budget impacts are not anticipated to occur. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount � Construction 07/16-06/28 1,319,356 Total Budgetary Cost Estimate: 1,319,356 •wti Means of Financing �..°• Funding Subclass Amount Local Funding 1,319,356 •1ooz2s Total Funding: 1,319,356 P 4 '' ► y + z. ti, ey .e FY 2022-23 to FY 2027-28 109 Capital Improvement Program f� 1 'Nk, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a $5,000 Community Services Micro-Grant to The Kenneth Dorsey Jr. Foundation MEETING DATE: August 16, 2022 • Background: The Kenneth Dorsey Jr. Foundation is a 501(c)(3) non-profit that seeks a Community Service Micro-Grant in the amount of $5,000. This local non-profit strives to help Virginia Beach students who may have less access to educational opportunities to succeed by empowering and inspiring them with free school supplies, free haircuts, and free mentoring and tutoring services as needed. The students at Virginia Beach Bayside Middle School are current recipients of the foundation's program offerings. • Considerations: The foundation does not currently have any alternative funding sources, and this grant will go towards its operating expenses in support of its program offerings. The funds will allow the foundation to continue its back-to-school supplies drive, provide free haircuts for kids returning to school, and provide free mentoring and tutoring opportunities in partnership with Virginia Beach City Public Schools. In addition, the foundation plans to add a reading program in partnership with local elementary schools, a professional development program (covering topics such as interview tips, dressing for success, and professional communication), and a post-grade school career path program to its program offerings in the future. This grant will ensure that the foundation can continue its programs to aid of Virginia Beach students. Funding for this grant will be Non-Departmental "Opportunity Grants." For FY 2022-23, this line item was budgeted at $15,000. If this grant is approved, the remaining balance will be $5,000. • Public Information: Normal City Council agenda process • Attachments: Ordinance, Application, Disclosure Form Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICE MICRO-GRANT TO THE KENNETH DORSEY JR. 3 FOUNDATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $5,000 Community Services Micro-Grant be awarded to The Kenneth 9 Dorsey Jr. Foundation as financial assistance towards its operating budget to support its 10 back-to-school supplies drives, free haircuts and free mentoring and tutoring services for 11 Virginia Beach students. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY J ) Budget and Management Services Ci Attorney's Office y CA 15883 R-1 August 2, 2022 city of V! Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: T UE KetwV6TH onvIsey FoutVO4'7iau Address: IU(e 1 Hlt r UIy&o t) 2"u'fr £ 4t$ , U4- 23'fsr Phone: ('7S7) - 69(3— v 4N L Email: KDcNLS GMAsL. CQM --- - - Amount of funding requested:$ S,000 ($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential approval by the City Manager. � r 7of r12Z. City Council Member Printed Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3)organization: 1 Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. ❑ Recognized government entity:state,county,or city agency,including law enforcement,fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑ K-12 public/private school, charter school, community/junior college, state/private college, or university. ❑ Nondenominational organization, if authorized by Virginia State Code,Section 15.2-953,with a proposed project that addresses and benefits the needs of the community at large. Page 1 of 3 ❑ Non-profit organization having state, regional,or local services benefiting the residents of the City of Virginia Beach. Areyou applying for fundingfor anyof the organizations listed below?Yes ❑ No g / If yes, please select the organization. ❑ American Cancer Society ❑ American Diabetes Association 0 United Way ❑ American Heart Association ❑ Children's Miracle Network ❑ N/A ❑ Other Supporting Documentation Please type and attach the following information with your application.Applications without the following attachments will be incomplete, and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following:Total project cost,other sources of funding(name, organization,501(c)(3)status,the amount of funding provided),and the program/project implementation time line (No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnership has existed. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date, and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized.I further commit that the use of grant funds authorized for my program,service, or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via my Page 2 of 3 signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant(CPA),within 12 months of receiving the grant award from the City. Organization Name: 'RIG K5N111ETrf LX)leS e �v Nhi d/ (Printed Name) Authorized Agent: K.c'Nit'GTr/ J . • (Printed Name) Authorized Agent: (Printed Title) Authorized Agent: (Signature) Date: F// J2 '22... Page 3 of 3 Virginia Beach Community Service Micro-Grant Application Supporting Documentation Kenneth Dorsey Jr.Foundation 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how(500 words or less). The Kenneth Dorsey Jr Foundation is a non-profit organization that puts forth efforts to directly impact the lives of Virginia Beach students.We strive to empower and inspire students who may have less access to educational opportunities than others.To date,the organization has hosted multiple school supplies drives,provided free haircuts for kids returning to school,and provided mentoring and tutoring services to students at Bayside Middle School. Our goal is to uplift the students in Virginia Beach while also providing diverse educational experiences to teach students how to thrive in the professional world. 2. Program/Project Description:Briefly describe your program or the service you intend to provide.Please include the following:Total project cost,other sources of funding(name, organization,501(c)(3)status,the amount of funding provided),and the program/project implementation timeline(No more than 1,000 words). Our organization is requesting financial assistance with operating expenses to continue our ongoing programs throughout the 2023 school year.These programs include a back-to-school supply drive&free haircuts for kids returning to school.In addition,we will continue to provide free mentoring and tutoring opportunities in partnership with VBCPS. Our services focus on providing children in the 757 with necessary tools to be professionally successful in life through mentoring,tutoring,and early career exploration. Currently,we do not have any alternative funding sources. Additionally,we have received 501 C3 status through the IRS.hi the future,we hope to implement a reading program in partnership with local elementary schools,a professional development program,and a post-grade school career path program. The professional development program would be aimed at covering topics such as interview tips,dressing for success,and professional communication.Whereas the post-grade career option program would highlight many different career fields including but not limited to college,the military,trade school,and entrepreneurship. 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program,service,or project you are proposing via this application?Has your organization previously?If so,please provide a written explanation.Any explanation should note the City related entity providing funding,how much funding,and how long the funding partnership has existed. Our organization has not received any funding in the past nor currently from the City of Virginia Beach for any past program,service,or projects via this application. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program,service,or project outside of the item proposed in question number three(3)above?If so,please provide a written explanation. Any explanation should note the City related entity that provided the funding,how much funding had been provided to date, and how long the funding partnership existed. Our organization has not received any funding in the past nor currently from the City of Virginia Beach for any past program,service,or projects outside of the item proposed in question number three(3) above. 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: ral porsel 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: PROVIDER (use additional sheets if YES NO SERVICE needed) Accounting and/or preparer of your tax return Financial Services (include Elending/banking institutions and o A'` -' ba`� current mortgage holders as applicable) Er Legal Services D' Broker/Contract-or/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. • AjA/r 771 CO,eje,y,TR q1/21'2Z- APPkhcANT'S SIGNAT RE PRINT NAME DATE 4,--rti-crtk,. :x si 'i ,',``; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Appendix J, Agricultural Reserve Program, Section 4(d) Pertaining to the Processing of Animals as Allowed by the City Zoning Ordinance MEETING DATE: August 16, 2022 • Background: The Agricultural Advisory Committee requested a revision to the City Zoning Ordinance to allow small scale processing in buildings under 3500 square feet, or under 250 head of livestock or under 20,000 poultry. This revision was recommended for approval by Planning Commission and is also on this agenda for Council's consideration. This Ordinance is a corollary to the zoning ordinance amendment to allow such processing on lands that are in the Agricultural Reserve Program (ARP). This revision will allow small processing to be considered an agricultural use on ARP lands. • Considerations: This will allow ARP property to use their property for this new addition to the use of Agricultural lands, helping to enlarge the ability of farmer landowners to make their farms more profitable. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning Department/Agriculture Department City Manager: tiro 1 AN ORDINANCE TO AMEND APPENDIX J, 2 AGRICULTURAL RESERVE PROGRAM, SECTION 4(d) 3 PERTAINING TO THE PROCESSING OF ANIMALS AS 4 ALLOWED BY THE CITY ZONING ORDINANCE 5 6 Section Amended: Agricultural Lands Preservation 7 Ordinance (City Code Appendix J) Section 4 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 4 of the Agricultural Lands Preservation Ordinance (City Code 12 Appendix J) is hereby amended and reordained to read as follows: 13 14 APPENDIX J. AGRICULTURAL RESERVE PROGRAM 15 16 . . . . 17 18 Sec. 4. Definitions. 19 20 . . . . 21 22 (d) Agricultural use means the bona fide production of crops, animal or fowl, including, 23 but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry 24 and dairy products; the raising of livestock and poultry; and the production and 25 harvest of products from horticultural, silvicultural or aquacultural activity. The term 26 also includes (i) the repair, expansion or replacement of no more than one bona 27 fide dwelling occupied by the landowner or tenant as of the date of application for 28 entry in the agricultural reserve program and no more than one freestanding mobile 29 home, as permitted by section 19-19 of the City Code; (ii) uses directly related to 30 agricultural activities conducted on the same property, including the sale of 31 agricultural products and agricultural-related products as permitted by section 401 32 (a) of the City Zoning Ordinance, dog kennels, riding academies, horses for hire or 33 boarding of horses and incidental sales of tack, riding apparel and similar items as 34 allowed by Section 401(a) of the City Zoning Ordinance; (iii) agritourism activities 35 allowed in accordance with section 401(a) of the City Zoning Ordinance; and (iv) 36 septic tanks and drainfields approved by the health department and which cannot 37 be located within an area not encumbered by an agricultural land preservation 38 easement. The term does not include the processing of agricultural, silvicultural, 39 horticultural or aquacultural products, except as an acccs ory use permitted by 40 section 401 of the City Zoning Ordinance. 41 42 . . . . 43 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: Agriculture Department City Attorney's Office APPROVED AS TO CONTENT: P/6/4I 01-1 Planning part4nt CA16868 R-1 July 8,2022 2 [ '�1tilA Df�,� rye �' �r l fog � �''& CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Second Amendment to the Purchase Agreement Between the City of Virginia Beach and Princess Anne Hotel, LLC, for Property Located at the Intersection of Princess Anne Road and Community College Place MEETING DATE: August 16, 2022 ■ Background: In accordance with Ordinance ORD-35841, approved by City Council on March 19, 2019, the City of Virginia Beach (the "City") and Princess Anne Hotel, LLC, a Virginia limited liability company ("Princess Anne Hotel") entered into a Purchase Agreement dated August 21, 2019 (the "Purchase Agreement"). The Purchase Agreement provides for the development of a 3.35+/- acre parcel of land at the intersection of Princess Anne Road and Community College Place (GPIN: 1485-44-0487) (the "Initial Parcel"), and an option to purchase and develop an adjacent 3.06+/- acre parcel (GPIN: 1485-44-3127) (the "Option Parcel"). The Purchase Agreement further provides for the City to enter into a Cost Participation Agreement with Princess Anne Hotel for the purpose of reimbursing Princess Anne Hotel the actual cost of providing certain infrastructure improvements on and servicing the Property, including extension of sewer force mains, public water lines and stormwater outfall pipes (the "Utility Extension"). In the Purchase Agreement, the estimated cost of the Utility Extension was $475,000. After further design and engineering, the estimated cost of the Utility Extension was increased to $789,000. That increase was reflected in the First Amendment to the Purchase Agreement, approved by City Council on December 10, 2019, by Ordinance ORD-3605Q (the "First Amendment"). Princess Anne Hotel acquired the Initial Parcel on April 2, 2021 for$1,994,100. At closing, $789,000 of the purchase price paid by Princess Anne Hotel was placed into escrow for payment of the costs of the Utility Extension, as contemplated by the First Amendment. Since closing on the Initial Parcel, cost overruns for the Utility Extension due to design changes and material increases have led to additional costs of $250,456. It is also contemplated that a longer sewer line will be required to serve the Option Parcel at an additional cost of$70,200, yielding a total added cost of$320,656 (the "Added Costs"). To facilitate an immediate start to development, Princess Anne Hotel and City staff have negotiated a resolution to the payment of the Added Costs whereby Princess Anne Hotel will bear those costs initially, and, should Princess Anne Hotel exercise its option under the Purchase Agreement and acquire the Option Parcel, it would receive a credit toward the purchase price of the Option Parcel in the amount of the Added Costs (the "Utility Credit"). As reflected in the Purchase Agreement, the price of the Option Parcel is $1,768,680. The Utility Credit would reduce that price to an amount not less than $1,448,024. • Considerations: City staff has determined that the Added Costs are necessary for the proper and complete installation of the Utility Extension. The Property will not be suitable for development without undertaking the Utility Extension. Except for the modification set forth herein, all other terms of the Purchase Agreement and the First Amendment remain unchanged and as approved by City Council. Should Princess Anne Hotel not acquire the Option Parcel it would not receive credit or be reimbursed for the Added Costs. • Public Information: Public notice will be provided via the normal City Council agenda process. • Recommendations: Approval • Attachments: Ordinance, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A SECOND AMENDMENT TO THE 3 PURCHASE AGREEMENT BETWEEN THE CITY OF 4 VIRGINIA BEACH AND PRINCESS ANNE HOTEL, LLC 5 6 WHEREAS, the City of Virginia Beach (the "City") and Princess Anne Hotel, LLC, 7 a Virginia limited liability company ("Princess Anne Hotel") are parties to a Purchase 8 Agreement dated August 21, 2019, as amended by a First Amendment to Purchase 9 Agreement Dated December 18, 2019 (collectively, the "Purchase Agreement"); 10 11 WHEREAS, the Purchase Agreement provides for the development of a 3.35+/- 12 acre parcel of land located at the intersection of Princess Anne Road and Community 13 College Place (GPIN: 1485-44-0487) (the "Initial Parcel"), and an option to purchase and 14 develop an adjacent 3.06+/- acre parcel (GPIN: 1485-44-3127) (the "Option Parcel"); 15 16 WHEREAS, the Purchase Agreement provided for the parties to enter into a Cost 17 Participation Agreement whereby the City would reimburse Princess Anne Hotel up to the 18 actual cost of providing certain infrastructure improvements, including extension of sewer 19 force mains, public water lines and stormwater outfall pipes (the "Utility Extension"); 20 21 WHEREAS, as set forth in the Purchase Agreement, the estimated cost for the 22 Utility Extension is $789,000, and that amount was placed into escrow when Princess 23 Anne Hotel closed on the acquisition of the Initial Parcel in 2021; 24 25 WHEREAS, the purchase price for the Initial Parcel was $1,994,100 and the 26 purchase price for the Option Parcel is $1,768,680; 27 28 WHEREAS, since closing on the Initial Parcel, cost overruns for the Utility 29 Extension due to design changes and material increases have led to additional costs of 30 $250,456. An additional $70,200 for a longer sewer line to serve the Option Parcel is 31 also anticipated, for a total added cost of $320,656 (collectively, the "Added Costs"); 32 33 WHEREAS, Princess Anne Hotel has agreed to bear the Added Costs in exchange 34 for a credit against the purchase price for the Option Parcel, should it be acquired by 35 Princess Anne Hotel, reducing the sale price of the Option Parcel to not less than 36 $1,448,024; and 37 38 WHEREAS, City Council is of the opinion that the Added Costs are necessary to 39 properly complete the installation of the Utility Extension and approving a second 40 amendment to the Purchase Agreement to allow a credit toward the purchase price of the 41 Option Parcel, in an amount not to exceed the Added Costs, is a satisfactory method to 42 achieve construction of the Utility Extension. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 1 That the City Manager is hereby authorized to execute an amendment to 47 the Purchase Agreement between the City and Princess Anne Hotel, to provide for a credit 48 against the purchase price of the Option Parcel equal to the actual amounts expended by 49 Princess Anne Hotel over $789,000 for the Utility Extension up to $320,656, and such 50 other terms, conditions or modifications as may be acceptable to the City Manager and in 51 a form deemed satisfactory by the City Attorney. 52 53 2. Except as modified herein, all terms, conditions and obligations of the parties 54 set forth in the Purchase Agreement shall remain unchanged and in full force and effect. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 57 , 20 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIEN U Economic evelopment City Attorney CA15798 \\vbgov.com\dfs 11a ppl icat ons\city law\cyco m32\wpd ocs\d029\p041100821086.docx R-1 August 1, 2022 a • L_,CAT I ._.,= �AP " 00 : "` (Not to Scale) \\\N\N\N\_________-__.---- n�14� U (i)wv": 'GA_ti ------ _ mum NI C LEGE •L /- 0-,,,C,7.-'- (*),47 /64/ '' • GPIN: 1485-44-0487 i> , (3.35+/- acres) i' is f...1 N. r' •('. 0 , l' /44/ N. / / µ N / 1444,4, Option Parcel i GPIN: 1485-44-3127 , (3.06+/- acres) 4 Jar A / f f � r�r y N-N/ ...,:, rr ; /---r- , . 1 i 7 1-7-----1 1, , / N ‘.\\\. ,,,.1 ----r- i ,.„ . , r' VNIIIIplioskh..7 ,,,,i, 1 , . • . -----ETT-: 4,H, • . . . , . . . * / • rr ________-- ------- ER OCR ARC.. ._- `` ,, 1 ,,., Disclosure Statement _ten, � .y � .r+�� ._-� .•�.,:_ v _�1 r- :- , -r a.,,,' i- '.7�e..z,-- :s_'; 'w =--.-.. ::----°' Virginia Bead APPLICANT'S NAME Princess Anne Hotel,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Coundi or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property I Disposition of City Modification of by City 1 Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Street Closure (Historic Review Board) Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CRY USE ONLY/Alt disclosures must be updated two(2)weeks prior to any Page 1 Of T Mimi ,Commission and City Council meeting that t•ettains to the aio�l,catton(s) Q APPUCANT NOTIFIED OF HEARING DATE: r 0 NO CHANCES AS OF DATE El REVISIONS SUBMITTED DATE • Princess Anne Hotel, LLC Agenda Item 15 Page 13 Disclosure Statement Virginia Beach Check here if the APPLICANT 1S fIOT a corporation, partnership, firm, business,or other unincorporated organization. Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) list the Applicant's name:Princess Anne Hotel,LLC If an LLC,list all member's names: Page S.Johnson, II If a CORPORATION, list the the names of all officers,directors, members, trustees, etc below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Harmony Hospitality, Inc. See next page for information pertaining to footnotes' and 2 4 - SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from_Anwlicant. ►�� Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Ei Check here If the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN complete the following, (A) List the Property Owner's name; City of Virginia Beach If an LLC,list the member's names: Page 2 of 7 Princess Anne Hotel,LLC Agenda Item 15 Page 14 Disclosure Statement Mr3 Virginia BiBaCfl If a Corporation,list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that haw a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) `Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly awns 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. f SECTION 3, SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Princess Anne Hotel,LLC Agenda Item 15 Page 15 Disclosure Statement APPLICANT •' Virginia Beac YES NO L SERVICE `PROVIDER(use additional sheets H needed) ❑ Accounting and/or preparer of your tax return �I ❑ Architect/Landscape Architect/ Sal Lsmole Land Planner ❑ Contract Purchaser(jf other than Elshe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ❑ ►;( Construction Contractors ��( ❑ Engineers/Surveyors/Agents MSA,PC Financing(include current ID �, mortgage holders ls �� selected or being consideredandender to provide financing for acquisition or construction of the property) 0 ❑ Legal Services Stier Davis Real Estate Brokers/ ❑ �!4 Agents/Realtors for current and anticipated future sales of the subject property 3a •- SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO -Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development R., ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 4 of 7 J Princess Anne Hotel,LLC Agenda item 15 Page 16 Disclosure Statement NE_ CERTIFICATION: I certify that all of the information contained in this Disdosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeti , or meeting of any public body or committee in connection with this on. _ i Page S.Johnson,II ?krci A?NJC NT'S SIGNATURE PRINT NAME Page 5 of 7 I ' Princess Anne Hotel,LLC Agenda Item 15 Page 17 Disclosure Statement OWNER Virginia> . YES I NO SERVICE PROVIDER ruse additional sheets it 1 needed J • ® Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser()f other than El ® the Applicant)-identify purchaser and purchaser's servke providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) - Construction Contractors el El Engineers/Surveyors/Agents 1IQrnley-Horn&MldAtiantic Surveying Financing(include current ❑ mortgage holders and lenders '�� selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the s ub_ect.property _--- • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ❑ , an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the offidal or employee and what is the nature of the Interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 6 of? Princess Anne Hotel,LLC Agenda Item 15 Page 18 • Disclosure Statement lrrginis Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information I provided herein two weeks prior to the Planning Commission. Council, VBDA :meeting. of meeting of any public body or committee In connection with this I licati n. 1 David L. Hansen ,1z6.te SIGNATURE PRINT NAME DATE Page 7of7 Princess Anne Hotel, LLC Agenda Item 15 Page 19 U CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance 1) Declaring Approximately 4,693 Sq. Ft. (0.107 Acre) of City- owned Property Located at the Intersection of Market Street and Columbus Street in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into a Purchase Agreement for the Sale of the Property to TC Hotel, LLC PUBLIC HEARING DATE: August 9, 2022 MEETING DATE: August 16, 2022 • Background: The City of Virginia Beach (the "City") owns a parcel of land located at the intersection of Market Street and Columbus Street, consisting of approximately 4,693 sq. ft. (0.107 acre) and designated as GPIN: 1477-54-0223 (the "City Property"). TC Hotel, LLC, a Virginia limited liability company ("TC Hotel"), owns property located at 4595 Columbus Street (GPIN: 1477-54-1216) (the "Hotel Property"), which is adjacent to the City Property. TC Hotel is constructing a Hampton Inn & Suites Town Center on the Hotel Property and desires to purchase the City Property from the City. The purchase of the City Property and incorporating it into the Hotel Property would allow TC Hotel to construct 20 additional rooms for the Hampton Inn & Suites Town Center. • Considerations: City staff and TC Hotel have negotiated the terms and conditions of the sale of the City Property, as set forth in the summary of terms attached to the Ordinance as Exhibit A. All easements and rights-of-way necessary for current and future City needs will be reserved by the City or dedicated by TC Hotel during site plan review. • Public Information: A public hearing will be advertised on July 31, 2022 in The Virginian-Pilot. The public hearing will be held on August 9, 2022. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Location Map, and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: iv 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 4,693 2 SQ. FT. (0.107 ACRE) OF CITY-OWNED PROPERTY 3 LOCATED AT THE INTERSECTION OF MARKET STREET 4 AND COLUMBUS STREET IN EXCESS OF THE CITY'S 5 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 6 ENTER INTO A PURCHASE AGREEMENT FOR THE 7 SALE OF THE PROPERTY TO TC HOTEL, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property 10 located at the southeast intersection of Market Street and Columbus Street 11 consisting of approximately 4,693 sq. ft. (0.107 acre) (GPIN: 1477-54-0223) (the 12 "City Property"); 13 14 WHEREAS, TC Hotel, LLC, a Virginia limited liability company ("TC Hotel") 15 owns property located at 4595 Columbus Street (GPIN: 1577-54-1216) ("TC Hotel 16 Property"), which is adjacent to the City Property; 17 18 WHEREAS, TC Hotel is constructing a hotel on the TC Hotel Property and 19 has requested that the City declare the City Property excess and sell it to TC Hotel 20 to incorporate into the TC Hotel Property for the purpose of expanding the hotel; 21 22 WHEREAS, TC Hotel and City staff have negotiated the terms and conditions 23 of the sale as set forth in the Summary of Terms, attached hereto as Exhibit A; and 24 25 WHEREAS, the City Council is of the opinion that the City Property is in 26 excess of the City's needs. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 1 . That the City Property is hereby declared to be in excess of the needs of 32 the City of Virginia Beach, subject to easements to be reserved in accordance with 33 the Summary of Term, attached hereto as Exhibit A, and made a part hereof. 34 35 2. That the City Manager, or his authorized designee, is hereby authorized 36 to execute any and all documents necessary to sell the City Property to TC Hotel, in 37 accordance with the Summary of Terms, attached hereto as Exhibit A, and such 38 other terms, conditions or modifications as may be acceptable to the City Manager 39 and in a form deemed satisfactory by the City Attorney. 40 41 This Ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 44 day of , 2022. 45 46 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 47 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY P Lb City Attorney bliC Works, eal Estate CA15597 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p041\00816398.docx R-1 July 25, 2022 2 EXHIBIT A SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: TC Hotel, LLC, a Virginia limited liability company EXCESS CITY PROPERTY: Approximately 4,693 sq. ft. (0.107 acre) of City property located at the southeast intersection of Market Street and Columbus Street (GPIN: 1477-54-0223) ("City Property"), subject to the reservation or dedication of easements as set forth below. PURCHASE PRICE: $10,000.00 DEPOSIT: $1,000.00, to be applied to Sale Price DUE DILIGENCE PERIOD: 60 days from full execution of the Purchase Agreement SETTLEMENT: On or about 90 days after City Council approval CONDITIONS OF SALE: • Buyer to resubdivide the City Property into the Buyer's adjacent parcel, at Buyer's sole cost. • Seller to reserve and/or Buyer to dedicate to the City all easements identified by the City's Planning and/or Public Works Department during the site plan approval process, related to drainage, public & private utilities, future right-of-way improvements, pedestrian ingress/egress, amenities and traffic control. W _ ra _ c c 1 C‘ I aai 3 �� w. W V u C:),, a 0 r .�. Q el N r EL O w N 4eI p} 1 a . \ z0z � o OZOti o Q — 5 1— 0 , < 1— c ...1C70a E i .• , W o u ,. > '- and>12�Vd 1b�11N30 j. Z (.,. at , ;-r IMF OROet MINIM an CI ?�`_ c -- N -�-.- N o ...... ........ O C F,'•.. LA .., ` . _ C clOc IlillP , irl _hi- ,I ; v .r.A • MI NM USNWM r .� 4 1S 13�2it/W r 13>i IVW- w z p ! /� 2Ia 113211dD PI c ;r• '- - i (."';1:-:7 -.i.;-:°-1-'-.1: - -at i !.., f ' m- c , !!! V R 1 N i � N I 0 L i i i i If t: k d - L $ ti s ,sit _ 0 C u 1 W J 1 >f0 1 0 1 I J I Disclosure Statement City of%*xis Bougul, 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 TC HOTEL, LLC Does the applicant have a representative? t Yes ❑ No • If yes,list the name of the representative. Neil P. Amin Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? C Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) NEIL P AMIN, MANAGER JAY SHAH, TRUSTEE NARESH PATEL, MEMBER ROHIT PATEL, MEMBER • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) SHAMIN HOTELS. INC. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement11/3 • r► +amyl rt, Planning& Community ni'ty 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 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. TBD 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 123 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. MICHAEL SWEENEY, RA 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 Wage Disclosure StatementVi3 Planning& Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes in No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?in Yes ❑ No • If yes,identify the firm and individual providing the service. MSA, P.C. , C. Scott Acey, PE 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 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. Applicant Signature Neil P Amin, Manager Print Name and Title Date Is the applicant also the owner of the subject property? in 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 wI�2ef Signature �J Print Name f Revised 11.09.2020 3 I P a g e Disclosure Statement133 at of Avoid&ad Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement cry of iirgsua Mxh Planning&Coiutnunity Development Owner Disclosure Owner Name TC HOTEL LLC Applicant Name NEIL P. AMIN 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) NEIL P. AMIN, MANAGER JAY SHAH, TRUSTEE NARESH PATEL, MEMBER ROHIT PATEL, MEMBER • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) SHAMIN HOTELS, INC. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes tEl No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 S I P a g e Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. TBD 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?® Yes ❑ No • If yes,identify the firm and individual providing the service. MICHAEL SWEENEY, RA 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. 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. MSA, P.C. , C. Scott Acey, PE Revised 11.09.2020 Wage Disclosure Statement City QiIAmato haul. 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,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature NEIL P. AMIN, MANAGER Print Name and Title 1/10/2022 Date Revised 11.09.2020 7 I P a g e [ forrr----8.k2s.,,k CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acceptance of a dedication of approximately 0.619 acre of vacant land located on Leroy Road (GPIN: 2404-30-8615) from Urban Associates — Foxfire MEETING DATE: August 16, 2022 • Background: Urban Associates — Foxfire ("UAF") owns approximately 0.619 acre of vacant land located on Leroy Road known as GPIN: 2404-30-8615 (the "Property"). The Property is located adjacent to a City of Virginia Beach (the "City") police facility and the garage for the City's Department of Public Works Fleet Management Division (collectively, the "City Facilities"). UAF acquired the Property in 1985 as part of the development of the adjacent land into the subdivision now known as Foxfire Downs. The Property was never developed and remains vacant. UAF has no other interest in the Foxfire Downs subdivision, and wishes to dedicate the Property to the City. • Considerations: City staff recommends accepting the dedication of the Property for use as a green space buffer between the Foxfire Downs subdivision and the City Facilities at Leroy Road. Additionally, the Property could be used for any future planned expansion of the City Facilities should there be a need and available funding. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Accept with conditions, decline acceptance of the dedication. • Recommendations: Approval • Attachments: Ordinance, Location Map, and Disclosure Statement Recommended Action: Approval , Submitting Department/Agency: Public Works/Real Estate I` City Manager: 1 -1 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION OF 3 APPROXIMATELY 0.619 ACRE OF VACANT LAND 4 LOCATED ON LEROY ROAD (GPIN: 2404-30-8615) 5 FROM URBAN ASSOCIATES - FOXFIRE 6 7 WHEREAS, Urban Associates - Foxfire ("UAF") owns approximately 0.619 acre of 8 vacant land located on Leroy Road known as GPIN: 2404-30-8615 (the "Property") and 9 desires to dedicate the Property to the City of Virginia Beach (the "City"); 10 11 WHEREAS, the Property is located adjacent to City police facilities and the garage 12 for the City's Department of Public Works Fleet Management Division (collectively, the 13 "City Facilities"), and accepting the Property provides a green space buffer between the 14 City Facilities and a neighboring residential subdivision at Leroy Road; 15 16 WHEREAS, accepting the Property also enables it to be utilized as a part of any 17 future planned expansion of the City Facilities should there be a need and available 18 funding; and 19 20 WHEREAS, the acceptance of the Property promotes the City's goals to provide 21 green space and services to its citizens. 22 23 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 24 VIRGINIA: 25 26 1. That the City Council authorizes the acceptance of the dedication of the 27 Property by UAF. 28 29 2. That the City Manager or his designee is further authorized to execute all 30 documents that may be necessary or appropriate to accept the dedication of the Property, 31 including such terms and conditions as may be acceptable to the City Manager, and in a 32 form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 35 of , 2022. CA15424 R-1 PREPARED: 6/21/22 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p040\00764350.docx APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: INDL1' � G2 CWOREAL ESTATE C Y A RNEY V N oQ 4 O PRINCESS ANNE R• W-•.5ii ,,�� lTE �q y �o N N 9Z 73 ,--- '' '',/ City Garage (- `'�\ ----- - T �O 4S4111!k‘,-N,/ H !I I i I S I Legend ` 1.----) 2404-30-8615 LOCATION MAP CITY PROPERTY411k OWNER: URBAN ASSOCIATES FOXFIRE 41141P414414 GPIN: 2404-30-8615 Note: The Property shown is located ll Q Feet in AICUZ Noise Zone < 65dB. Z 144 0 50 100 200 L _ ral '4.i t '7'44 / . ,-• . - •, 411111111i'% vx 76: Z -m-1!- ri) Celli ik Al; AdiTiiiiiii6w4, 44t:,wiy , a) ,r) -' ,0.1 • ' - S , LL a) cl) itlit., ,.. LL 0 cn -141 W 0 4- , In 4 < < 03 co co , 2 i o 6 0 c..) .6 All11111111111 . 1 t.„ , ' 0 (1),,,, ,„..,Tr •:1- ,e1— < N`r ‘-• a. < ,.. . 1. 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W I r, W CL (I) -;. - f: 4i ' - 4.:"7' ,..`.. ...'''.':* E) v •k,,,,.5,0 0 •...,-1 ,t,,,,,,b .. . .... . . 0 a• 4.-, el CL ci) i c 't of,‘„ • 4., 0 I— ii, ti. ,s13 t it t'N -0 .q. mom i lib 4 4 C N (..) Cl: >, ,.4 41 .s::) 34 's f-*. 44 ' , -0 2 m 'c' 8 tt4..i - • -J 0 a_ a) - - * 111111111111.11 Ci: Disclosure Statement City of Vityinia Beach Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name URBAN ASSOCIATES FOXFIRE Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. I.William Berger,President,Larrymore Organization,Inc. /Suzanne W.Gruelle, Manager,B&W Properties,LLC 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 attached List of members) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Larrymore Organization,Inc is a General Partner of Urban Associates-Foxfire and B&W Properties,LLC is a General Partner of Urban Associates-Foxfire. '"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 I P a g e Disclosure Statement City of Vfrgbda Berth 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 J 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 in No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes II No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner 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 I P a g e 'NBDisclosure Statement Cit y of Virginia Baodi Planning&Community 5 ., Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure 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 pu 'c body or committee in c nection with this application. Applicant Signat re I.William Berger,President,By: Larrymore Organization,Inc.,General Partner Print Name and Title July 5,2022 Date Is the applicant also the owner of the subject property? ® Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e URBAN ASSOCIATES—FOXFIRE LARRYMORE ORGANIZATION, INC. DIRECTORS: I. William Berger Karen Bulgarino Andrew Goldrich Gail S. Berger OFFICERS: I. William Berger, President Karen Bulgarino, Secretary/Treasurer Andrew Goldrich, Vice President Michael E. Barney,Assistant Secretary STOCKHOLDERS: Lawrence J. Goldrich Marital Trust Lauren Goldrich Andrew Goldrich Vicki E. Goldrich Janice T. Goldrich Irrevocable Trust—2000 I. William Berger Inter Vivos Trust u/a dtd 6/13/94 Danielle B. Pariser Trust U/A Gail C. Berger Revocable Trust dated 4/6/09 Allison B. Weinger Trust U/A Gail C. Berger Revocable Trust dated 4/6/09 B&W PROPERTIES, LLC Suzanne W. Gruelle, Manager MEMBERS Suzanne W. Gruelle,Trustee of the Stanley Waranch Marital Trust under Restated Revocable Trust Declaration of Stanley Waranch dated April 1, 2003 Doris E. Waranch, Trustee of the Seeman Waranch Family Trust dated July 3, 2018 Lisa Waranch Gilbert,Trustee of the Seeman Waranch Family Trust dated July 3, 2018 Diane W. Garfinkel, Trustee of the Stanley Waranch Marital Trust under Restated Revocable Trust Declaration of Stanley Waranch dated April 1, 2003 Stuart H. Buxbaum by Jonathan W. Buxbaum,his attorney-in-Fact CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a portion of City- owned property known as Lake Joyce and the 20' strip of City property around Lake Joyce, located at the rear of 4528 Black Cove Road MEETING DATE: August 16, 2022 • Background: The John P. and Donna P. Lopardo Revocable Living Trust (the "Applicant") desires to construct and maintain 5.5' x 93' rip rap, 9' x 12' timber boat ramp, and 6' x 6' landscaping timber, and to maintain existing 4' x 23.5' wooden dock, 1' x 29.1' block bulkhead, 1' x 52.8' wood bulkhead, and 11' x 26' concrete boat ramp within the City's property known as Lake Joyce (GPIN: 1570-80-2438) and the 20' strip of City property around Lake Joyce (the "Temporary Encroachments"), located at the rear of the Applicant's property at 4528 Black Cove Road (GPIN: 1479-69-3056). • Considerations: City staff has reviewed the Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce, which is where the Applicant has requested to encroach. • Public Information: Public notice information will be provided via the normal Council agenda process. • Alternatives: Deny the Temporary Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map & Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estateif City Manager: ,42, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 20' STRIP OF CITY 8 PROPERTY AROUND LAKE JOYCE, 9 LOCATED AT THE REAR OF 4528 10 BLACK COVE ROAD 11 12 WHEREAS, The John P. and Donna P. Lopardo Revocable Living Trust(the 13 "Applicant") desires to construct and maintain 5.5' x 93' rip rap, 9' x 12' timber boat ramp, 14 and 6' x 6' landscaping timber, and to maintain existing 4' x 23.5' wooden dock, 1' x 29.1' 15 block bulkhead, 1' x 52.8'wood bulkhead, and 11'x 26'concrete boat ramp within the City's 16 property known as Lake Joyce (GPIN: 1570-80-2438) and the 20' strip of City property 17 around Lake Joyce (the "Temporary Encroachments"), located at the rear of its property at 18 4528 Black Cove Road (GPIN: 1479-69-3056); 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 OF 25 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 Applicant, its heirs, assigns 29 and successors in title are authorized to construct and maintain the Temporary 30 Encroachments into the City's property, as shown on the map entitled: "EXHIBIT A 31 ENCROACHMENT SHOWING PROPOSED RIP RAP, TIMBER BOAT RAMP, 32 LANDSCAPE TIMBER AND EXISTING WOOD DOCK, BLOCK BULKHEAD, WOOD 33 BULKHEAD & CONCRETE BOAT RAMP FOR JOHN P. AND DONNA P. LOPARDO 34 REVOCABLE LIVING TRUST LOCATED ON LOT 4, BLACK COVE POINT M.B. 62, PG. 35 37 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated January 20, 36 2021, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto 37 as Exhibit A and on file in the Department of Public Works and to which reference is made 38 for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 41 expressly subject to those terms, conditions and criteria contained in the agreement 42 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 43 copy of which has been presented to the Council in its agenda, and will be recorded among 44 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 i 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Applicant and the City Manager or his authorized designee execute the 51 Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of , 2022. CA15226 R-1 Prepared: 8/3/22 \\Vbgov.com\dfsl Wpplications\CityLaw\Cycom32\WPDOCS\D014\P002\00817347.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: BLIC WOR S, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY 2 PROPOSED 6'x6' NOW OR FORMERLY LAKE JOYCE LANDSCAPING TIMBER CITY OF VIRGINIA BEACH M.B. 62, PG. 37 EDGE OF WATER ALONG D.B. 1018, PG. 154 GPIN: 1570-80-2438 EX. WOOD BULKHEAD EXISTING 51.9' EDGE OF WATER ALONG FLOATING DOCK WOOD DOCK 44.0� o f EX. BLOCK BULKHEAD OF OTHERS �, o w 9.0 0� 39.2 r\ WOOD DOCK 35.6 1 7............, - "'�_ ,..,::•,:_;.,- __ WOOD DOCKOF OTHERS --- �� � ����91 OF OTHERSNOW OR FORMERLY s1 52.8 4.0' PROPOSED 5.5 x93 cc : ":- RIP RAP-TYP. 20' STRIP OWNED BY --- %DI EX. CONCRETE m CITY OF VIRGINIA BEACH �, PROPOSED 9 x12 • D.B. 1018, PG. 154 N, BOAT RAMP 11�}. TIMBER BOAT RAMP M.B. 62, PG. 37 i -4 1 PIN GPIN: 1570-80-2438 — PIN N 88,16'05" E 92.38 NOW OR FORMERLY 1 1 JAMES R. BORBERG 1I REVOCABLE LIVING TRUST 5' EASEMENT 1 ' M.B. 62 P. 37 -�-�+ D.B. 4216, PG. 1710 1 LOT 5 I BBQ CONCRETE M.B. 62, PG. 37 NOW OR FORMERLYPti.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:1 ; GPIN: 1479-69-4142 CURTIS EDWARD BAILEY i ::::: ' I LIVING TRUST �1 JOHN P.&DONNA P. LOPARDO ,�,ALTII o I.N. 20140905000837140 0 REVOCABLE LIVING TRUST N `� Gj LOT 3 0 1 I.N. 20090318000281240 ti3� M.B. 62, PG. 37 0 LOT 4 I ,i ‘ GPIN: 1479-69-2054 N ; M.B. 62, P.G. 37 O GPIN: 1479-69-3056 V DA r UTLER I = i ` c.No.38395 1 3 52 ,�, 2 STORY :::.:.:.:.:-:::. o 0 1 ?- 2 1�� BRICK & FRAME :: :�:::• 0 -.0. L ��� #4528 ::::::::::•:. 00 :: : ,..: 0 0 40 80 sI .... ........... ..Q.:I 00 / : : cr :.r.•:. 1. THIS PLAN WAS PERFORMED WITHOUT o :: THE BENEFIT OF A TITLE REPORT. ... ..•i::•. ,2. THIS EXHIBIT IS INTENDED FOR AN z ; .:.z:.:'::: ENCROACHMENT REQUEST ONLY. :�:�:F:.:. PIN EXHIBIT A •:.........F•.• ENCROACHMENT SHOWING PROPOSED RIP RAP, TIMBER BOAT -56, RAMP, LANDSCAPE TIMBER AND 169,2, 10 i PIN �,��5�6 EXISTING WOOD DOCK, BLOCK ENWE`- ROAD BULKHEAD, WOOD BULKHEAD & 0 1.5 � GR`I� PIN .56,00" W 6 50' J'N ) CONCRETE BOAT RAMP I S 7� E RO p,D FOR ACK COv 62 pG.37 JOHN P. AND DONNA P. LOPARDO 8`" M B REVOCABLE LIVING TRUST GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 4, BLACK COVE POINT 323 FIRST COLONIAL ROAD M.B. 62, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 20, 2021 I Sheet: 1 of 1 W\lopardo,John&Donna-4528 Black Cove Road\20-98 Exhibit.dwg,5/4/2022 3.10:16 PM r ipi4, q p; ilt '. - :At , .. , ,.. ....1044• \ ' 40 1 W.' . , 4 .. ....,, -.G.'', ,44-i-, 1 a e s , " (0 ' ,..0 r' ilk, -' 4 t, %,4:1 -.' Nt t ,„ %,,s .... !., LOCATION MAP ENCROACHMENT REQUEST Legend ..3, ..• OWNER: JOHN AND DONNA LOPARDO RLT .� 1479-69-3056 _ GPIN: 1479-69-3056 '� {" Feet City Properties �' -� ' ' Y 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 04/13/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\1479-69-3056\1479-69-3056 Aerial.mxd \ I- N !` r _ 4 a�1:1•�jl1r W�� E 's4 — ' ' '',7 --P— A. .. s SHORE D IL �/� R r NOFtSNP t k- k 20 • DLO .r_ r \-\ -____,,,, 1 rj ~� J E' / ; r -\.- % Ntk LOCATION MAP �� ENCROACHMENT REQUEST Legend �2 OWNER: JOHN AND DONNA LOPARDO RLT EZI ��` GPIN: 1479-69-3056 1479-69-3056 �� City Properties s- - '16 Feet -- 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 04/13/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\1479-69-3056\1479-69-3056.mxd Disclosure Statement tom., f.: Planning&Community' 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 NameP r t irpordb 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 ZNo • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) o 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 5 2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11Page 1VBDisclosure Statement ���rl'•'fli AF1W. :Manning&Community rst e inens 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?❑ Yes co 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,dads e t,ust,cross-coilater alization,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. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑ Yes M i+jc ▪ 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 rfg No o if yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes rig No a If yes,identify the purchaser and purchaser's service providers. 2JPage Disclosure Statement rievelopment 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 G If yes,identify the company and individual providing the service. l�:J`/al / 1`i.r•i/=1- Coe;1✓'f1 ifri/ t';r/.1 C✓ �:+J t fG-4T 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?fal Yes ❑ No c If yes,identify the firm and individual providing the service. .E.:441/;;". bo-v:d 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 e 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. z,stcLp,4rf1zL Applicant Signature P �4Lr — Print Name and Title c7 �� 2—Q L. Date ---- - Is the applicant also the owner of the subject property? J Yes ❑ No if yes,you do not need to fill cut the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated tvio(2)weeks prior to any Planning Commission and City Council meeting 3 that pertains to the applications No chargas as of Date 1 Signature 1j Print Name I 3IPage D sd sure Ste ye n - - - Yam_ _:ngE:4 L?3ms"7:=�,"i3`i,. • b. Does the applicant have a construction con actor in connection with the subject of the application or any business operating or to be operated on the property 0 Yes N_, if yes,identify the company and individual providing the service 7. Does the applicant have-an engines surveyor/ago t in connection with the subject of the application or any businesz operating or to be operated on the property? Yes D NO i,"yes,identify the firm and individual providing the service. 6. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated or.the property?0 Yes £ No I if yes,identify the firm and individual providing the service. Applicant Signature certify that all of the information contained in this Disclosure Statement Form 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 trier to the nee ing of Planning Commission,City Council,1/13DA,CBPA,Wetlands Soar= or am;public body or con,,flue in ccr nation with this apeiicatio_:. �pplirarrt S to r r G�2,bt G= _G J[,;)4 _l�t . 0...�j j�f;`�} �R ice/' V atlr i` JriV icc.. V f'(` LI L-00i4 Y Prirrt Name and Title Jr `j 2 oz /9 tit tL 2 ;kit ct.v Zc)_� /v Z�2Z Date is the applicant wise the owner of the subject property? K '' S 0 l'Ic c if yes;\Iou do not need to fill out the owner disclosure statement_ VGA r;.1 - 3, I�i r i,i . � � ,_r ,a+ f1 (T '� 14�;?It5�I-O''i��?� .Md:n[FT bit �`'C�ax�t � o s` . i..,'e No dnnzasasoi Date S1gna,ire Print Marne —.. 3IPag5 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 UUu , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN P. LOPARDO and DONNA P. LOPARDO TRUSTEES OF THE JOHN P. AND DONNA P. LOPARDO REVOCABLE LIVING TRUST, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee.". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "4" as shown on that certain plat entitled: "SUBDIVISION OF BLACK COVE POINT BAYSIDE BOROUGH VIRGINIA BEACH, VA.," Scale: 1" = 50', dated September 28, 1964, prepared by Alton M. Butler, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 62, at page 37 and being further designated, known, and described as 4528 Black Cove Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain 5.5' x 93' rip rap, 9' x 12' timber boat ramp, and 6' x 6' landscaping timber, and to maintain existing 4' x 23.5' wooden dock, 1' x 29.1' block bulkhead, 1' x 52.8' wood bulkhead, 11' x 26' concrete boat ramp, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (CITY PROPERTY KNOWN AS LAKE JOYCE) 1479-69-3056 (4528 BLACK COVE ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce 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 SHOWING PROPOSED RIP RAP, TIMBER BOAT RAMP, LANDSCAPE TIMBER AND EXISTING WOOD DOCK, BLOCK BULKHEAD, WOOD BULKHEAD & CONCRETE BOAT RAMP FOR JOHN P. AND DONNA P. LOPARDO REVOCABLE LIVING TRUST LOCATED ON LOT 4, BLACK COVE POINT M.B. 62, PG. 37 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated January 20, 2021 , and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 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 3 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 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 4 ($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. IN WITNESS WHEREOF, John P. Lopardo and Donna P. Lopardo, Trustees of The John P. and Donna P. Lopardo Revocable Living Trust, 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 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 THE JOHN P. AND DONNA P. LOPARDO REVOCABLE LIVING TRUST B �,\. L SEAL Y - / ( ) hn P. Lopardo, Trustee By R034-)6, 0p d' (SEAL) Donna P. Lopardo, Trustee STATE OF ,L.. CITY/ OF \fa , rA\ , to-wit: The foregoing instrument was acknowledged before me this 1 02 day of , 2022, by John P. Lopardo and Donna P. Lopardo, Trustees of The John P. and Donna P. Lopardo Revocable Living Trust. (SEAL) otary Public ����•`C�P\`LEE�O,,�' Notary Registration Number: �3I b 1 I a - of =: r • r � My Commission Expires: O:•••.... .• .• �4qy.PUe�,0, APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P B IC We KS - REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY 7 PROPOSED 6'x 6' NOW OR FORMERLY LAKE JOYCE LANDSCAPING TIMBER CITY OF VIRGINIA BEACH M.B. 62, PG. 37 EDGE OF WATER ALONG D.B. 1018,,PG. 154 GPIN: 1570-80-2438 EX. WOOD BULKHEAD EXISTING 51.9 EDGE OF WATER ALONG FLOATING DOCK WOOD DOCK r44.0: o "EX. BLOCK BULKHEAD OF OTHERS --�, 6 W 1 90 c 39.2 WOOD DOCK 35.6 ^ WOOD DOCK "' .lia . -,.I OF OTHERS _ �: — - -- __ ._ . .1, • OF OTHERS 1 52.8' 4.0' • 29.1 PROPOSED 5.5'x93' NOW OR FORMERLY s : cD --- o RIP RAP-TYP. 20' STRIP OWNED BY EX. CONCRETE PROPOSED 9'x12' m CITY OF VIRGINIA BEACH Q, BOAT RAMP 14- '" D.B. 1018, PG. 154 TIMBER BOAT RAMP M.B. 62, PG. 37 PIN r i - ,1 PIN GPIN: 1570-80-2438 1 N 88'16'05" E 92.38 NOW OR FORMERLY 1 1 JAMES R. BORBERG 1 5' EASEMENT 1 REVOCABLE LIVING TRUST M.B. 62 P. 37 -�-� D.B. 4216, PG. 1710 LOT 5 1 BBQ CONCRETE 1 M.B. 62, PG. 37 NOW OR FORMERLY iGPIN: 1479-69-4142 CURTIS EDWARD BAILEY iIL.K::K:K::.:.:.:.:.:.:.:.:.:.::.1 LIVING TRUST JOHN P.&DONNA P.LOPARDO 1f coo ,ALTH O I.N. 20140905000837140 0 ; REVOCABLE LIVING TRUST 1 o o�� �G1 LOT3 0 1 I.N. 20090318000281240 1 M.B. 62, PG. 37 ci 1 LOT 4 � r GPIN: 1479-69-2054 N I M.B. 62, P.G. 37 1 \SP,O GPIN: 1479-69-3056 1 U DA UTLER i 1Q c.No. 38395 1 al 1 ,21 5 4v 2 STORY ::::.:.::::. 2,.., O�� ,2 ���' I BRICK & FRAME o SS O E #4528 ....................4.....; .: :::• cD j NAL i ::: :: I 0 40 80 _ O . .............. ........ .. ................ . 0 1=1.1161e1.611== 0 1 J.. 00 1 ::ct:•:r.•:- 1. THIS PLAN WAS PERFORMED WITHOUT o :.w.:.::j..- THE BENEFIT OF A TITLE REPORT. .t•::i:•: /"2. THIS EXHIBIT IS INTENDED FOR AN z 1 .:. ::.... ENCROACHMENT REQUEST ONLY. 1 :::::• : PIN EXHIBIT A ::::::::::::::t. ENCROACHMENT SHOWING PROPOSED RIP RAP, TIMBER BOAT 1 -56� RAMP, LANDSCAPE TIMBER AND 16912, �p i PIN ��col-. p EXISTING WOOD DOCK, BLOCK ENWEL�' ROAD BULKHEAD, WOOD BULKHEAD & 1.5p �� GRE PIN .56,Opn .. 6 5p' J\N) CONCRETE BOAT RAMP S �/ E ROAD l FOR ACV Cl.) 62 pG.37 JOHN P. AND DONNA P. LOPARDO el- M5B" REVOCABLE LIVING TRUST GALLUP LOCATED ON LOT 4, BLACK COVE POINT SURVEYORS & ENGINEERS M.B. 62, PG. 37 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 20, 2021 I Sheet: 1 of 1 W:\Lopardo,John&Donna-4528 Black Cove Road\20-98 Exhibit.dwg,5/4/2022 3:10:16 PM I r6 zj '`' :)1v> P� a• v-- `yv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 Sq. Ft. Portion of an Unimproved Right-of-Way Adjacent to the Rear of 317 45th Street MEETING DATE: August 16, 2022 • Background: On September 7, 2021, by Ordinance ORD-3674A, City Council approved the request by Jeffrey and Paige Madrigal (the "Applicants") to close an approximately 334 sq. ft. portion of an unimproved right-of-way (the "Right-of- Way"), adjacent to the rear of their property located at 317 45th Street (GPIN: 2418-87-5164), for the purpose of incorporating the closed area into their adjoining property. • Considerations: There were four (4) conditions to the approval of the street closure: 1 . The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. It has been determined that the purchase price to be paid to the City shall be $12,358.00. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicants shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicants have submitted a subdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 2, 2022, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3674A. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department/ City Manager: 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 334 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 ADJACENT TO THE REAR OF 317 45TH STREET 6 7 WHEREAS, on September 7, 2021, the Council of the City of Virginia Beach 8 acted upon the application of Jeffrey and Paige Madrigal (the "Applicants") for the 9 closure of an approximately 334 sq. ft. portion of an unimproved right-of-way, adjacent 10 to the rear of their property located at 317 45th Street (GPIN: 2418-87-5164); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3674A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 6, 2022; and 15 16 WHEREAS, on August 2, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on September 7, 2021 (ORD-3674A), upon application of Jeffrey and Paige 24 Madrigal, is extended to September 6, 2023. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 27 of , 2022. 28 29 No GPIN Assigned (Right-of-Way) 30 Adjacent GPIN: 2418-87-5164 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: wait 49-, wAiliov City Attorney Planning epartryent CA15799 \\vbgov com\dfs 1\applications\citylaw\cycom 32\wpd ocs\d002\p042\00821881.doc R-1 August 4, 2022 \ ,„ ________________----------- ,„. , 7 , _ ,,,..., 7.5 7''' \* ' -, \ \. \ , , „.1 \\, --' . _______--N.,., i ,“ ., /t it .. , or; 1 \ irAdir-ter \ 1 i _,_. , \ 10 \ 1 r- R-7.5 \\_-\., , z R-20 1 o0 ' ,I T ----, ___ 1 1 1 \ \ a ',., ______ ________- , ___________----- __. Legend Jeffrey & Paige Madrigal ,, _ 5-.,,le ----� z��„t, Alley adjacent to 317 45th Street g Ilil_m________ ___IFeet w 1. Parking Lot Dade Aisle 0 1020 40 60 80 NB Virginia Beach APPLICANT'S NAME Jeffrey & Paige Madrigal DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exce on for (EDIP) Changes ti Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board __ __ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetin that pertains to the a lication(s). El APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: 8/3/22 jdbFittlf4. n REVISIONS SUBMITTED DATE: 1/1B Virginia Beach ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jeffrey & Paige Madrigal If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only iLproperty owner is different from Applicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 141B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 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 (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating_ or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES I NO SERVICE PROVIDER (use additional sheets if f i needed) [•7 El Accounting and/or preparer of your tax return ri Architect / Landscape Architect / Land Planner Contract Purchaser(if other than ri i the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ I I Construction Contractors _ V Elri Engineers/ Surveyors/Agents WPL Financing (include current Xenith Bank (formerly Monarch Bank); ri mortgage holders and lendersNavy Federal Credit Union Inlselected or being considered to provide financing for acquisition or construction of the property) ri Legal Services Sykes, Bourdon, Ahern& Levy, P.C. Real Estate Brokers / fl 0 Agents/Realtors for current and anticipated future sales of the subject ro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I 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 i scheduled for public hearing, I am responsible for updating the information 1 provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication. !_ Jeffrey MaVatel drigalMadrigal G-2 f/7 AP CANT'S IGNATURE PRINT NAME DATE i 11r L>1 r f,�lit L Paige Madrigal --- ra, Z� - Page 5 of 7 s, • r q r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $90,000 from the Oyster Heritage Trust Fund MEETING DATE: August 16, 2022 • Background: The City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP) in March 2001. Following multiple ordinances describing activities directed at increasing oyster habitats in the City's Chesapeake Bay watersheds and primarily the Lynnhaven River watershed, the City Council formally adopted the Oyster Heritage Plan in July 2016. The Plan was developed by the Department of Planning & Community Development with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, Lynnhaven River NOW, and the Chesapeake Bay Foundation. The Plan identified multiple sites in the Lynnhaven River watershed for construction and seeding of sanctuary oyster reefs, intertidal reefs, and oyster castles. The VOHP is primarily supported by private donations, and citations for violations of the City's Chesapeake Bay Preservation Act are earmarked for use in the City's tidal waters. Since its authorization in 2001, the Oyster Heritage Trust Fund has collected $931,131 in revenue and has spent $761,572 for various educational programs, oyster shell recycling, and building of sanctuary oyster reefs. The current fund balance of the Trust Fund is $169,558. The ongoing Oyster Heritage Plan implementation strategy represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed and shows local commitment to achieving Virginia and federal government objectives for restoration of the Chesapeake Bay. The current project consists of reimbursement for the continued oyster shell education and recycling program. The shell recycling project has proven to be quite successful in recovering oyster shells for construction and maintenance of oyster reef habitat. • Considerations: Funding provided will support a contract, managed by the Department of Public Works, which is currently the subject of a procurement solicitation. Provided the responses received from that procurement solicitation are within the funding set forth here, the City can award a contract for oyster shell recycling to be used in FY 2022-23. It is anticipated that the contract will be in place 60 days after this ordinance is adopted. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Virginia Beach Oyster Heritage Plan Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO APPROPRIATE $90,000 FROM 2 THE OYSTER HERITAGE TRUST FUND 3 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $90,000 is hereby appropriated from the fund balance of the Oyster Heritage Trust 8 Fund to the FY 2022-23 Operating Budget of the Department of Public Works, with 9 revenues increased accordingly, for the Virginia Oyster Heritage Program. Requires the affirmative vote of a majority of all members of the City Council. 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: fF Bu get and Management Services City Attorney's Office CA15887 R-2 August 5, 2022 EXHIBIT A Virginia Beach Oyster Heritage Plan e r 1. .t r 7 ri s '.yam JAY ,'X `� •���y� +�',"' �:----..-Alf- . -•-.),-4..,.7,.,,.,. .-:-,--,/.,..,,:'._- :.f.. ....,;1: ,.0,../_4-r,,,,.',...-.1':.1. .,.0,...,4'.".,0-4i.lt.0.0 1....,4,... L .� �ti;*- v r`4,r"s...,0,•,,7',..,. . '"9vrgi�0,,-A.,.,,.p,.t�....1...„.lr-1*.i)r,;s.a,...'3 '' . 4:.,4. ✓7 1....,-,4.-,u yCI-YA _,.1• i - r ,,.M. ,.. Y.S.*• 'fir. .y' , • " �/ '- rF'.+y 1 '; y ` Y' 1 r >'rr�. . ' +..°.�', -.0.., ,.._..i..:,-. 40 .- "r,,'- `t,.-,,,,'-A,-:,,z-,t.'i.,..'pj..,..'..'.'„,'..- —1,.4L.4:.,.1-4'. 1. Yc'rr+ _ - ". wit. _ _�, ,� r - N. - ' '' s6 'j v ..� :t • i.,,,,_,of 1yS 1�.. } "1 .`•- . 1... ..,......_ ,, „.- -. .... ..- .. , - ..• • .. _ . .... . . . .. . !s- 24,k____, 1,4,„4,,,,„,„ _rG • ® •j ,. - ti"' •.�` [ S r by , ., r ' %♦ ' ♦ -AP a +li' a L.'s,/ 3 �4 '�r i - r F .44.., � 4,412.. • • �- �� r , �r ..lPr 4,010 . r �, ,r! .4:7,dS y lifii'7 �l+ -'3 C� �'; ..0*, - - -''14'1, f;=‘,„ `VP'r ."-*."!. '%\ �•�'� ! - '4„/j' IN . 'ri41-..:°-ta', , 10%* ' \i, •- .., .... atitiVi,,F., .4,0 .___.:, .., Vt1'T' f •'},_ swr. /_ '' 1 / ..) `‘/�I�+•S ill. r iNk.• - bl _ ,Y/w1." , �+. r�ryi t. :N..-� Prepared by the City of Virginia Beach Department of Planning and Community Development Revised June 29 2016 Oyster Heritage Plan I. Acknowledgements Assistance was provided in the preparation of this document by the City's nonprofit, State and Federal partners. These include: College of William and Mary, School of Marine Science, Virginia Institute of Marine Science Lynnhaven River NOW U.S. Army Corps of Engineers, Norfolk District Virginia Marine Resources Commission Cover: Construction of the Athey Sanctuary Oyster Reef Habitat, 2009, Courtesy of Lynnhaven River NOW 2 Oyster Heritage Plan Contents Topic EXECUTIVE SUMMARY THE PLAN History of Virginia Beach Oyster Heritage Plan Plan Mission Oyster Heritage Plan Actions ATTACHMENTS 1- Alignment with City Vision and Plans 2- Oyster Heritage Restoration in Virginia Beach- Background, Justification and Oyster Reef Ecological Services and Benefits 3- Virginia Beach's Oyster Heritage Watersheds- A Brief Synopsis of Activities to Date by Watershed 4- Oyster Shell Recycling 5- Oyster Heritage Restoration Program- Research, Planning and Partnership Activities 6- Oyster Heritage Restoration Program Formula and Fee Structure 7- City Council Actions to Date (May 17, 2016) re: Oyster Heritage Program 8- References 3 Oyster Heritage Plan EXECUTIVE SUMMARY The Virginia Beach Oyster Heritage Plan formalizes what has been an ongoing City effort since March, 2001, when the City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP). The City Council adopted ordinances from 2002 through 2015 describing activities directed at increasing oyster habitat in the City's Chesapeake Bay watersheds and primarily the Lynnhaven River watershed. These efforts were initially funded through the use of funds derived from City Council and violations of the City's Chesapeake Bay Preservation Act and earmarked for use in the City's tidal waters. The success of the City's efforts within the Lynnhaven River was recognized when the City and its partners were selected to receive a 2009 Coastal America Partnership Award for outstanding efforts to restore and protect the coastal environment by President Obama. The success of the sanctuary reef initiative was partly responsible and clearly demonstrated in the Lynnhaven Watershed by the lifting of harvesting restrictions of over 2,244 acres versus 50 acres in 2002. This Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to achieve the highest possible quality and quantity of sustainable oyster habitat and populations within the City of Virginia Beach tidal waterways and to help accomplish multiple outcomes, including establishing sanctuary oyster reef habitat as recommended in various nonprofit, state and federal reports and plans; working to utilize oyster habitat and populations to help achieve local, state and federal water quality goals and objectives; and helping promote and support an economically viable oyster shellfish industry undertaken by commercial watermen in the City. The Plan includes a range of actions to support the City's oyster heritage strategy, including: oyster shell recycling, sanctuary oyster reefs, annual surveys, reporting and communication, education and awareness, update/reevaluate Oyster Heritage Fund formula, ongoing research and analysis, plan alignment, continuing a partnership with a nonprofit to allow fundraising and keeping the Plan current through amendments and revisions as deemed appropriate. The Plan also includes a number of attachments that provide specific details about various aspects of the Plan. 4 Oyster Heritage Plan HISTORY OF VIRGINIA BEACH OYSTER HERITAGE PROGRAM AND PLAN The Virginia Beach Oyster Heritage Plan formalizes what has been an ongoing City effort since March, 2001, when the City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP). The VOHP had three elements: construction of oyster sanctuary reefs; monitoring reefs and local oyster populations; and providing education to the public about the benefits of oyster restoration. To accomplish its ends, the VOHP partnered with a non-profit, the Virginia Oyster Reef Heritage Foundation, to conduct private fundraising because private donations are necessary to meet the funding goals and private cash match opportunities. The work plan for the VOHP was not focused upon the Lynnhaven River, so the City staff sought opportunities to undertake a similar partnership structure that included state agencies, the Army Corps, and one or more nonprofit partners to commit to oyster restoration in the Lynnhaven River. After the March 2001 ordinance, the City Council provided funding from the Oyster Heritage Fund for various activities focused in the Lynnhaven River. The City has worked with the Virginia Marine Resources Commission throughout. Initially, the City's nonprofit partner was the Chesapeake Bay Foundation. A citizen group called the Lynnhaven River 2007 citizens watershed organization emerged in 2002 and 2003 as having a desire to focus specifically upon the restoration needs of the Lynnhaven River, and this group organized a nonprofit, Lynnhaven River 2007 ("LR2007"). In September 2, 2003, the City Council adopted a Memorandum of Understanding between the City and LR2007 that described the coordination of effort in furtherance of improving water quality and restoring estuary habitats in the Lynnhaven River. In December 2006, LR2007 changed its name to Lynnhaven River Now (LRN). Between 2005 and 2010, the City of Virginia Beach and Lynnhaven River NOW worked in partnership with the U.S. Army Corps of Engineers to build 58 acres of sanctuary oyster reef habitat, primarily in the Linkhorn Bay and Broad Bay areas of the Lynnhaven River watershed. In 2008, Lynnhaven River NOW and the City of Virginia Beach constructed the approximately 1/3 acre Athey Sanctuary Oyster Reef at the confluence of Long Creek and the Lynnhaven Inlet in part with approximately 5,000 bushels of shells from the City's stockpile at the Landfill and Resource Recovery Center, collected through Lynnhaven River NOW's Save Oyster Shell project and funding obtained by Lynnhaven River NOW from the Fish America Foundation. In addition to the construction of sanctuary reefs, the City has provided funding for LRN to undertake shell recycling activities as restaurants and drop-off locations and an educational campaign called, "Save our Shells." Throughout, LRN has undertaken fundraising efforts to allow interested residents to make donations in furtherance of restoration efforts. 5 Oyster Heritage Plan PLAN MISSION The Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to achieve the highest possible quality and quantity of sustainable oyster habitat and populations within the City of Virginia Beach tidal waterways and to help accomplish multiple outcomes, including: • Establish sanctuary oyster reef habitat and other oyster habitat restoration methods such as intertidal reefs and oyster castles as recommended in various nonprofit, state and federal reports and plans. • Work to utilize oyster habitat and populations to help achieve local, state and federal water quality goals and objectives. • Help promote and support an economically viable oyster shellfish industry undertaken by commercial watermen in the City. OYSTER HERITAGE PLAN ACTIONS I. Department of Public Works A. Oyster Shell Recycling, Education and Fund-Raising If the City Council provides funding, the City, through its Department of Public Works will contract to have oyster shells picked up from area restaurants, public drop off locations and special events groups. This contract will be awarded based on the City and State Procurement Requirements. The intent of such contract is to continue the three- pronged approach described above as being first undertaken by the VOHP and later in the City's efforts: 1 . Shell Collection: The Department of Public Works will direct the gathering, transport and drop-off of oyster shells from restaurants and drop-off locations. The Contractor will be required to contact restaurants to enroll the restaurants and drop-off locations in furtherance of oyster recycling. In the recruitment of restaurants, the Contractor shall be able to describe the benefits of an oyster recycling program and the proper handling of shells. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. 6 Oyster Heritage Plan 2. Education: The Department of Public Works will direct the Contractor to provide educational information at farmer's markets, trade shows, or similar events. 3. Fundraising: The Contractor shall have the ability to receive tax deductible donations from residents or businesses. Upon receipt of such donation, the Contractor shall provide a written acknowledgement. Nothing herein shall mandate the use of such donations for a purpose other than that for which the donation was provided. B. Shell Storage, Curing The Waste Management Division of Public Works will collect shells at the City's Resource Recovery Center on Jake Sears Road. The shells will be stored and sequestered for 3 phases of curing cycles (0-6 months, 6-12 months and 12-18 months) as a City-owned resource at the Virginia Beach Landfill & Recovery Center to accomplish necessary curing for disease prevention for a total of 12-18 months and to accumulate sufficient shell to undertake sanctuary oyster reef habitat projects and shoreline oyster reef restoration projects. The Department of Public Works will designate the use and ultimate disposition of shells with the concurrence of the City Manager. Accounting of all shells received and disbursed will be kept and provided as part of an Annual Report. C. Neighborhood Dredging Special Service District: The Department of Public Works has completed a study on the benefits of oysters for nutrient reduction and a study on oyster reefs as mitigation option for mud flat impacts. The latter study was commissioned in coordination with Lynnhaven River NOW (LRN) to determine the feasibility of creating oyster reefs to mitigate for impacts to tidal wetlands. The study explored the establishment of either an oyster reef mitigation bank or an in-lieu fee fund for this purpose. An inter-agency meeting was held and the permitting agencies agreed in concept that oyster reef mitigation banking could be a viable form of out-of-kind compensation for impacts to tidal, non-vegetated (TNV). Mitigation banks are preferred over in-lieu fee funds for situations where the demand for credits will be somewhat unpredictable over time, as is the case with the Neighborhood Dredging SSD Program. The next step in the feasibility study is to gain agency approval on a method for calculating mitigation ratios between oyster reefs and TNV wetlands. The ultimate goal is to establish a multi-site oyster reef mitigation bank in conjunction with LRN where reefs would be constructed in various locations, and credits sold to mitigate for impacts to TNV wetlands in the Lynnhaven River watershed, and possibly expanding to serve all tidal watersheds in the City. Oyster Heritage Plan II. Department of Planning and Community Development A. Reef Restoration Project Planning Shell stockpiles must be held until such time that enough shell has been accumulated to undertake a sanctuary reef construction project. The amount of shell for a project is determined by reef location, reef size and other parameters, such as the internal composition of the reef, as some reef structures can be constructed with core material that is not shell (such as broken concrete). As shell resources are limited and extremely valuable commodities, oyster shell shall not be used by private businesses, or for purposes other than sanctuary oyster reef construction, sanctuary restoration and oyster research. Shells from the Oyster Shell Recycling Program shall only be used for the following purposes: 1. Sanctuary oyster reef habitat restoration projects constructed by the City; 2. Sanctuary oyster reef habitat restoration projects constructed by other agencies and nonprofits where the City is a partner or gives its approval; and/or 3. Match for state, federal and private funding or grants for sanctuary oyster reef habitat restoration projects in any of the City's waterways as noted above. The goal is to construct 100 acres of oyster sanctuary reef in the Lynnhaven River. City staff will evaluate the potential for establishment of sanctuary oyster reef habitat in the Eastern and Western Branches of the Lynnhaven River. Staff will also evaluate potential for establishment of additional sanctuary oyster reef habitat in the Rudee Inlet / Owl Creek watershed. Any construction efforts may require the coordination of the Department of Planning and the Department of Public Works. In the event that there is a cost share agreement between the City and a state, federal or non-profit partner that includes construction, the City Council will be briefed upon such project. If the construction requires City funding, a City Council vote to approve the construction project. Annual surveys of oyster populations may be undertaken by City partners as needed to support the analysis of future sanctuary development. There is no expectation or intention that Oyster Heritage funds will be used for this purpose. s Oyster Heritage Plan B. Reporting; Awareness Maintain and update information related to the City's Oyster Heritage Program on the existing City website to communicate City plans, activities, projects and accomplishments as well as benefits of sanctuary oyster reef habitat restoration to helping achieve water quality goals and sustainability of commercial shellfish operations. The Planning Department will submit an annual report on Oyster Heritage Fund activities and financial accounts, and such report may be a written letter to the City Council. Work with nonprofit, state and federal partners to implement an ongoing oyster heritage awareness program. Partners may include but not be limited to the Chesapeake Bay Foundation; the College of William and Mary, School of Marine Science, Virginia Institute of Marine Science; the Elizabeth River Project; Lynnhaven River NOW; the National Oceanic and Atmospheric Administration; the U.S. Army Corps of Engineers; the Virginia Department of Conservation and Recreation; the Virginia Department of Environmental Quality and the Virginia Marine Resources Commission. Determine the best potential locations for the construction of sanctuary oyster reef habitats, based on best available scientific research and other sources of information. This effort will be coordinated by appropriate staff. There is no intention or expectation the Oyster Heritage Fund will be used for this effort. Ensure continued City Plan alignment as appropriate with the federal Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan Maryland and Virginia prepared by the U.S. Army Corps of Engineers, Baltimore and Norfolk Districts in September, 2012. Work with City's Chesapeake Bay Preservation Area Board to reevaluate the current formula and fee structure used to determine donations to the Oyster Heritage Fund and evaluate relevancy of current formula to actual sanctuary oyster reef habitat construction costs. This plan may be amended and revised by action of the City Council. Non- substantive changes do not require action of the City Council. As advancements are made in oyster restoration science and new strategies are developed, the attachments of this plan may be supplemented without action by the City Council. 9 Oyster Heritage Plan Attachment 1: Alignment with City Vision and Plans (compiled by Department of Planning & Community Development) Envision Virginia Beach 2040 We value and enhance our greatest natural assets: a broad array of coastal resources that includes beaches, waterways, farmlands and wetlands. We are a model community for clean air and water, and our commitment to environmental sustainability. Local foods, open space and parks contribute to the overall quality of life and healthy living. Sustainability Plan Goal 15 We will achieve and maintain high water quality to ensure public health, protection and propagation of aquatic life, and recreation in and on the water. • Objective 15.2 - Increase bio filtration habitat (oysters, wetlands, submerged aquatic vegetation, living shorelines). Goal 16 We will promote the city's valuable ware resources for tourism, aquaculture, and as a center of excellence in marine and water quality research. • Objective 16.2 - Partner with local colleges and higher learning institutions to encourage marine research. • Objective 16.3 - Promote opportunities for aquaculture. • Objective 16.4 - Support our local fishing community and promote the sale and consumption of locally harvested sustainable seafood. Comprehensive Plan • Develop and implement policies and programs that protect, restore and enhance critical habitats along the City's waterways. • Restore and attain sustainable inventories of native edible oysters in the Lynnhaven River. • Restore oyster reefs in the Lynnhaven and Owl Creek estuaries by developing a hatchery plan and constructing sanctuary reefs. 10 Oyster Heritage Plan Attachment 2: Oyster Heritage Restoration in Virginia Beach— Background, Justification and Oyster Reef Ecological Services and Benefits (compiled by Department of Planning & Community Development) Unfortunately, in the last century, the once prominent oyster population in the City's waterways was decimated by overharvesting, loss of oyster habitat, oyster disease and decreased water quality. It has been estimated that the City's oyster population once fell as low as 1% of historic abundance, and this decline had drastically negative consequences for water quality and fish habitat in the City's waterways. The purpose of the City's Oyster Heritage Program is to help maintain the significant progress that has been made in the City's waterways over the past two decades, and to help sustain that improvement for the future. Oysters are a keystone species in the local estuarine ecosystem because they provide water filtration, shoreline protection, nutrient cycling, pH buffering, and food and habitat to myriad species of fish and other creatures that live in the City's tidal waterways. Thus, sanctuary oyster reef habitat restoration is widely recognized by scientists and resource managers as a premier strategy for revitalizing a tidal waterway's devastated oyster population and for restoring the critical ecosystem functions that oyster reefs naturally provide for water filtration and fish habitat in a waterway. Oysters are voracious filter feeders. A single adult eastern oyster (Crossostrea virginica), also referred to as the Atlantic oyster or Virginia oyster, filters 50 gallons of water a day and removes algae and sediment that cloud the water and hinder sea grass rebound. As an oyster filters, it assimilates nitrogen from the algae it consumes into its shell and body. It then produces bio deposits that serve as food for reef-dwelling organisms. There are naturally-occurring bacteria in an oyster reef that decompose the bio deposits and initiate a process called denitrification, which releases additional harmful nitrogen from the river in gaseous form. This reduces the negative consequences of estuarine eutrophication, and increases dissolved oxygen levels in our estuaries. Oysters form reef structures from their shells. Oyster reefs provide a community center in the estuarine system, like coral reefs provide in the marine system. In between the oysters' shells. there is interstitial space where small organisms can hide. These interstices provide habitat for myriad species of small fish, crustaceans, worms, bivalves and other invertebrates. Large predator fish then collect near the outskirts of oyster reefs because they can easily find food by foraging on the reef dwellers. In our Virginia Beach waters, we would expect to find the following sport fish using the oyster reef as habitat and as a food source: Black Drum, Black Sea Bass, Bluefish, Red Drum, Sheepshead, Speckled Trout, Striped Bass, Summer Flounder, Tautog and Weakfish. Oyster reefs are considered Essential Fish Habitat because they provide habitat and food for such a vast array of organisms. 11 Oyster Heritage Plan The City is committed to meeting the nutrient and sediment reduction goals established by the Chesapeake Bay TMDL. To accomplish this, a variety of techniques and practices must be employed. In its Phase II Watershed Implementation Plan, the City identified sanctuary oyster reef construction as one of its methods for reducing nutrients and sediments. Sanctuary oyster reef construction is not only an essential part of restoring our critically important native oyster population, but may also become an important and cost effective tool for the City and other local communities to employ to meet their respective TMDL reduction goals. The City is likewise committed to restoring the native oyster population through the construction and ongoing maintenance of sanctuary oyster reef habitat in our tidal waterways as a proven strategy for improving water quality and providing critical estuarine habitat. The establishment and protection of sanctuary oyster reef habitat areas through designation by the Virginia Marine Resources Commission helps to ensure that native broodstock of oysters remain in perpetuity as a source of oyster spat to help populate and sustain both private oyster lease areas and non-leased areas in our waterways. Additionally, work by commercial watermen to improve the quality of the habitat and oyster stock on private oyster ground leases helps to sustain these valuable resources. These leased areas are secured from the Virginia Marine Resources Commission, which is charged with administering the Commonwealth's public trust waterways and wetlands areas in perpetuity for the public good. In combination, sanctuary oyster reef habitat and private leased oyster grounds can work in harmony to provide a sound and sustainable strategy for the City's oyster heritage. 12 Oyster Heritage Plan Attachment 3: Virginia Beach's Oyster Heritage Watersheds— A Brief Synopsis of Activities to Date by Watershed (compiled by Department of Planning & Community Development) Lynnhaven River The Lynnhaven River is the southernmost river that feeds into the Chesapeake Bay. The river's inlet to the Bay is located approximately 5 nautical miles from the confluence of the Bay and the Atlantic Ocean. The Lynnhaven River is a highly developed watershed, covering approximately 41,300 acres (64.5 square miles) of the City. The Lynnhaven River watershed development pattern is largely residential and commercial in nature with a population of approximately 195,000, roughly 44.5% of the City's population, living in approximately 21% of the City's total land area. The Lynnhaven River's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the majority of the river was closed by the Department of Health for shellfish consumption until recent years. As described in a September 2105 article written by Romuald N. Lipcius et al. in the journal Frontiers in Marine Science, the Lynnhaven is a unique area: "The narrow inlet limits water exchange with the (Chesapeake) Bay proper, resulting in the Lynnhaven River sub estuary being classified as a trap estuary (Sisson et al., 2010), which promotes (oyster) larval retention. The system is well-mixed due to its shallow nature, and hydrodynamics are driven by tidal exchange and wind patterns. Much of the system is comprised of fine sediments, except for the near shore areas, which are of firm sand and shell." The famed Lynnhaven oyster is both a symbol of the Lynnhaven River's history and was once a keystone species in the system, providing water filtration, as well as food and habitat to myriad species of fish and other creatures that live in the river. Salinity in the Lynnhaven is generally above 20 parts per thousand making it a suitable place for oyster restoration efforts to thrive. In 1997, sanctuary oyster reef restoration became a major initiative in the Lynnhaven River and there have been clear signs of success from the undertaking. Between 1997 and 2005, the Virginia Marine Resources Commission (VMRC) constructed approximately 5.5 acres of sanctuary oyster reef habitat in the Lynnhaven and the reefs have been designated as sanctuaries, so that a self-sustaining oyster population can develop and thrive over time without the damage associated with harvest. Non-profit organizations including Lynnhaven River NOW, Oyster Reef Keepers of Virginia and Chesapeake Bay Foundation, stocked those reefs with 7,400,000 reproductive oysters grown by students and citizens. These oysters were transplanted onto the sanctuary reefs, where they release their offspring into the Lynnhaven River. In 2005, the Virginia Institute of Marine Science (VIMS)discovered 13 Oyster Heritage Plan that oyster settlement of juvenile oysters was more than 30 times higher in the Lynnhaven River than it was in other rivers in the Chesapeake Bay region where oyster restoration had also been underway. This spat settlement data demonstrate that oyster restoration can work effectively in the Lynnhaven. Between 2005 and 2010, the City of Virginia Beach and Lynnhaven River NOW worked in partnership with the U.S. Army Corps of Engineers to build 58 acres of sanctuary oyster reef habitat, primarily in the Linkhorn Bay and Broad Bay areas of the Lynnhaven River watershed. In 2008, Lynnhaven River NOW and the City of Virginia Beach constructed the approximately 1/3 acre Athey Sanctuary Oyster Reef at the confluence of Long Creek and the Lynnhaven Inlet in part with approximately 5,000 bushels of shells from the City's stockpile at the Landfill and Resource Recovery Center, collected through Lynnhaven River NOW's Save Oyster Shell project and funding obtained by Lynnhaven River NOW from the Fish America Foundation. Figure 1 below shows the generalized locations of completed sanctuary reef projects in the Lynnhaven River watershed. Sanctuary Reefs in Lynnhaven • 'tait. Parr 1*. 'ttr Virginia Beach ,* Reef Type * Intertidal Shell Reef Subtidal Shell Reef Oyster Castle i FIGURE 1: Sanctuary Reef Locations in the Lynnhaven River Watershed. Source: Lynnhaven River NOW 14 Oyster Heritage Plan The Baylor Surveys undertaken in the early 1900s by the Commonwealth of Virginia indicate that historically there were at least 1,000 acres of oyster reef in the Lynnhaven. A suggested goal of 100 acres of sanctuary oyster reef habitat created by 2021 has been proposed for the Lynnhaven River system by a partnership of nonprofit, state and federal parties. This goal is also suggested in the U.S. Army Corps of Engineer's Chesapeake Bay Oyster Recovery Master Plan which recommends between 40 to 150 acres of sanctuary oyster reef habitat are desirable for the Lynnhaven ecosystem. The 10% figure was derived from a variety of surveys, studies and targeted contracted research undertaken in part through the cooperative project for Lynnhaven Watershed restoration undertaken by the City and the U.S. Army Corps of Engineers. Additional research linked to water circulation patterns and oyster spat settlement have helped identify general areas where sanctuary oyster reef habitat establishment has the highest potential for accomplishing sustainable oyster populations in the river. While potential sanctuary oyster reef habitat restoration sites can be best located utilizing historical information such as the Baylor Surveys, recommended spawning stock reefs have the greatest ability to help restore native oyster stocks throughout the Lynnhaven estuary. Figure 2 below shows these areas. Chesapeake Bay 11 ' ♦♦ Broad Bay ?s' ♦ Lynnhav:n Bay ♦ ♦ ♦ Western Crystal Branch ♦ ♦ ; Lake ♦ 1 1 ♦ Linkhorn Bay \ Eastern Branch • • • • Lynnhaver River Recommended subestuary Spawning Stock Reefs FIGURE 2: Location of the Lynnhaven River sub estuary, potential oyster reef restoration sites (diamonds) determined from historical information (Baylor, 1893, 1894, 1895; Chipman, 1948), and sites in the sub estuary for restoration of spawning stock (dashed polygons) recommended by Lipcius et al. (2008) as putative sources. Thick arrow indicated tidal exchange through Lynnhaven Inlet between Lynnhaven Bay and Chesapeake Bay. Coordinates of Lynnhaven Inlet: 36` 54' 27.02"N, 76° 05' 31 .07"W. Source: http://iournal.frontiersin.org/article/10.3389/fmars.2015.00065/abstract 15 Oyster Heritage Plan The partnership expects this level of restoration to aid in the rebound of our native oyster population by establishing a healthy broodstock for the Lynnhaven River. Such an increase in the native oyster population and broodstock has sustainable benefits for significant water quality improvement and enhancement in the Lynnhaven as well as helping promote a revitalized commercial shell fishing industry. Eastern Branch of the Elizabeth River The Eastern Branch of the Elizabeth River feeds into the Chesapeake Bay by way of Hampton Roads harbor. The Eastern Brach is also a highly developed watershed, covering approximately 9,300 acres (14.5 square miles) of the City. The Eastern 'Branch watershed development pattern is largely residential and commercial in nature with a population of approximately 64,300, roughly 14.7% of Virginia Beach's population, living in 5% of the city's total land area. The Eastern Branch's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption. The City and other Eastern Branch communities — Chesapeake and Norfolk — recently completed an Action Plan with the nonprofit Elizabeth River Project to help restore environmental resources in the watershed. Included in the plan are recommendations to reestablish sanctuary oyster reef habitat at suitable locations. It is recommended that the City work with partners at the nonprofit, state and federal level to identify potential sites that may exist in the Eastern Branch for such work within the City. Rudee Inlet and Owl Creek The Rudee Inlet and Owl Creek area is the City's only direct ocean connected watershed. The watershed is the City's most man-altered watershed, due to past excavation of extensive wetlands areas associated with sand extraction for resort beach nourishment and constant efforts to maintain Rudee Inlet for navigation access to the Atlantic Ocean. Similar in many respects to the Lynnhaven and Eastern Branch of the Elizabeth River, Rudee Inlet and Owl Creek is also a highly developed watershed, covering approximately 3,000 acres (4.6 square miles) of the City. The Rudee Inlet and Owl Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 14.000, roughly 3.1% of Virginia Beach's population, living in less than 1.5% percent of the city's total land area. The watershed's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased 16 Oyster Heritage Plan waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption. The Virginia Aquarium in conjunction with Lynnhaven River NOW and the Rudee Inlet Foundation undertook the establishment of the first sanctuary oyster reef habitat project beginning in June, 2015. This project includes a section of shoreline reef located on the City's Aquarium property and constitutes approximately 200 square feet of intertidal reef. This reef was constructed using approximately 60 bushels of oyster shell obtained from the City's shell stockpile located at the City Landfill and Resource Recovery Center. The reef also includes a section of oyster habitat structures called oyster castles as illustrated below. G-,a?•;--�cF?rF� �'T;"�max. -- -��--�;c ---a-=_- - --^"€ s Ott. afr $ 1•- ►!! • is d 4 r FIGURE 3: Before and After Oyster Castle Recruitment on the Laila Shoreline Reef on Long Creek (Lynnhaven River Watershed). Source: Lynnhaven River NOW A sub tidal sanctuary oyster reef was installed in July, 2015 to complete the overall project which encompasses a total area of approximately 250 square feet. Shell for this project was not obtained from the stockpile at the City Landfill and Resource Recovery Center. Little Creek The Little Creek watershed encompasses approximately 8,900 acres (13.9 square miles) of the City. The U.S. Navy has built several sanctuary oyster reefs in the Little Creek inlet area with federal funds. The Little Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 48,800, roughly 11.1% of Virginia Beach's population, living in less than 4.5% percent of the city's total land area. The watershed's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds were largely eliminated with the creation of the various public water supply reservoirs and with federal government alteration of the watershed for military activities. The entirety of the river remains closed by the Department of Health for shellfish consumption. 17 Oyster Heritage Plan In the future, it recommended that the City partner with the U.S. Navy and other nonprofit, state and federal partners as appropriate to pursue further oyster restoration in the Little Creek watershed. 18 Oyster Heritage Plan Attachment 4: Oyster Shell Recycling (compiled by Department of Planning & Community Development) Lynnhaven River NOW with state grant funding conducted a pilot shell collection program in Virginia Beach in summer 2006. Seven local restaurants participated in the pilot program and two public drop-off sites were established. During the three months of the pilot program, 1,000 bushels of oyster shells were collected. These shells were removed from the solid waste stream and made available for restoration efforts by private individuals. In addition, the restaurant patrons were educated on the value of oyster restoration and recycling our shells. The Save Our Shell program has collected approximately 18,440 bushels of oyster shell from restaurants and other parties, along with over 700 bushels of oyster shells from the Wanchese Packing Plant in Suffolk, and kept this valuable resource for sanctuary oyster reef habitat construction out of the City's landfill. The scope of work for the Public Works Managed solicitation for Oyster Shell Recycling in Fiscal Year 2017 includes the following: 1. Shell Collection: a. At the direction of the Department of Public Works, the Contractor shall undertake the gathering, transport and drop-off of oyster shells from restaurants. By way of example, the following restaurants have previously participated in oyster recycling programs in the City of Virginia Beach: 21st Street Seafood Company, Abbey Road, Blue Seafood and Spirits, Bubba's, Captain George's, Chick's Oyster Bar, Coastal Grill, C.P. Shuckers (Oceanfront and Bayside), Croaker's Neighborhood Grill, Croc's 19th Street Bistro, Dockside, Five 01 City Grill, Harpoon Larry's, Lucky Oyster, Metropolitan Oyster Exchange, McCormick & Schmick's, Rockafellers, Salt, Sheraton Oceanfront, Steinhilbers, Surfrider (Marina Shores and Cypress Point), Swan Terrace at Founder's Inn, Tautog's, Yukai Seafood Buffet. The Contractor will be required to contact restaurants to enroll the restaurants in furtherance of oyster recycling. In the recruitment of restaurants, the Contractor shall be able to describe the benefits of an oyster recycling program and the proper handling of shells. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. b. At the direction of the Department of Public Works, undertake the gathering, transport and drop-off of oyster shells from public drop-off locations. By way of example, the following drop-off locations have previously participated in oyster recycling programs in the City of Virginia Beach: Virginia Aquarium, Whole Foods Market. The Contractor will be required to seek other public drop-off locations in furtherance of oyster 20 Oyster Heritage Plan recycling. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. c. The Department of Public Works may direct complaints it receives to the Contractor, and the Contractor shall respond to such complaints within 3 business days. If the complaint is not addressed to the satisfaction of the City, the City may require the Contractor to undertake remedial actions in furtherance of the subject of such complaint. 2. Education: The Department of Public Works will direct the Contractor to provide educational information at farmer's markets, trade shows. or similar events. For purposes of estimating the level of effort, the amount quoted in response to this RFQ should anticipate 20 hours of educational work per quarter. If there is additional education required, the parties may agree to a change order provided such change order is in writing. 3. Fundraising:The Contractor shall have the ability to receive tax deductible donations from residents or businesses. Upon receipt of such donation, the Contractor shall provide a written acknowledgement. Nothing herein shall mandate the use of such donations for a purpose other than that for which the donation was provided. 20 Oyster Heritage Plan Attachment 5: Oyster Heritage Restoration Program- Research, Planning and Partnership Activities (compiled by Department of Planning & Community Development) Oyster restoration has been successful, in large part, because of the synergy of multiple partners who each provide a necessary component of the oyster restoration effort. City, state and federal funds have largely been used to construct sanctuary oyster reef habitat structures on the footprint of historic reefs. Nonprofit organizations like Lynnhaven River NOW, Oyster Reef Keepers of Virginia, the Elizabeth River Project and the Chesapeake Bay Foundation coordinate citizen oyster gardening efforts in order to stock reproductive oysters to sanctuary oyster reef habitat sites and to perpetuate public engagement in oyster restoration. The Virginia Marine Resources Commission is committed to the conservation and restoration of shellfish populations in Virginia waters. The Commission oversees and tracks the transplant of oysters onto sanctuary oyster reefs. Researchers at the Virginia Institute of Marine Science study all aspects of oyster reef restoration, from reef biodiversity to reef dynamics to reef nutrient cycling and oyster diseases. The U.S. Army Corps of Engineers ensures continued collaboration of all of these agencies, and others, as they host quarterly meetings of an Interagency Oyster Restoration team. This team includes representatives from the U.S. Army Corps of Engineers, the Virginia Institute of Marine Science, the Virginia Marine Resources Commission, the City, the Chesapeake Bay Foundation, Christopher Newport University, Lynnhaven River NOW, the Elizabeth River Project, the National Oceanic and Atmospheric Administration, and other agencies and organizations. This meeting provides an invaluable opportunity for all of the City's oyster restoration partners to collaborate on initiatives, including those proposed in this Plan. The City will continue to participate with the Interagency Oyster Restoration team and other efforts to utilize the best science and the resources available to further oyster restoration, improve water quality, and reach our oyster restoration goals. The City does not employ an oyster scientist. Nevertheless, that expertise is available to the City from its partnership with various organizations and agencies with expertise in oyster restoration. Those groups include but are not limited to: • Chesapeake Bay Foundation • College of William and Mary, School of Marine Science, Virginia Institute of Marine Science • Elizabeth River Project • Lynnhaven River NOW 21 Oyster Heritage Plan • National Oceanic and Atmospheric Administration • U.S. Army Corps of Engineers • Virginia Department of Conservation and Recreation • Virginia Department of Environmental Quality • Virginia Marine Resources Commission The City is committed to continuing its partnership with these organizations and agencies to further oyster restoration efforts in our tidal waterways. 22 Oyster Heritage Plan Attachment 6: Oyster Heritage Restoration Program Contribution Structure (compiled by Department of Planning & Community Development) The Oyster Heritage Program formula and contribution structure was developed by Staff at the request of the Chesapeake Bay Preservation Area Board. The Board believes that this approach has been a tried and proven approach at helping to improve water quality in the City's Chesapeake Bay watersheds. The formula utilized was refined over an initial period of approximately 6 months' duration when the Board's City Staff and the Board adjusted and finalized the formula and contribution structure. The contribution is voluntary. Since that time, the City's Oyster Heritage Program formula and contribution structure related to activities requiring variances before the City's Chesapeake Bay Preservation Area Board has been as follows: (X/4)/27 x 15 x $1.65 = Oyster Heritage Fund Payment X represents new impervious cover in the Resource Protection Area (RPA) in square feet 4 represents 25% of the new impervious cover in the RPA and is intended to augment other water quality initiatives (200% buffer restoration, BMPs, E&S controls, etc.) for encroachment 27 represents square feet conversion to cubic yards 15 represents approximate quantity of bushels of oyster shell per cubic yard $1.65 represents the cost of oyster shell per bushel Example: 100 square foot impervious cover would equate to a fee of $22.92: (100 square feet /4)/27 x 15 x 1.65 = $22.92 The formula develops a contribution which is based upon the assumption of creating a sanctuary oyster reef habitat area approximately 12 inches deep for 25% of the total amount of impervious cover associated with a Board variance request. The Board's City Staff include this contribution recommendation for each variance request in the Board's agenda package each month with an amount calculated if the total amount of impervious cover is known; otherwise, City Staff include the formula and suggest in the Staff report that the contribution amount be calculated based on a final impervious cover amount once determined. Most applicants for variances have chosen to make the voluntary payment. In addition to the formula and contribution structure used by the Board, over the years a number of parties have made voluntary contributions to the fund that have been totally outside the purview of the Board. 23 Oyster Heritage Plan Attachment 7: City Council Actions to Date (June 1, 2016) re: Oyster Heritage Program (compiled by Department of Planning & Community Development) The following list summarizes all activities undertaken with City Council authorization for appropriation of funds from the Oyster Heritage Fund and other funding sources since its inception. August 13, 2002: Appropriation of $37,500.00 from the Oyster Heritage Fund to the Department of Agriculture and Transfer of$50,000.00 for the General Fund Reserve for Contingencies to the Department of Agriculture to help fund construction of approximately 8 acres of sanctuary oyster reef habitat. NOTE: Item 1 matched with $65,000 by special appropriation from the Commonwealth of Virginia secured through efforts of the City's legislative delegation. Total cost of approximately 8 acre project was $167,500.00 Project partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation. May 6, 2003: Appropriation of$8,000.00 from the Oyster Heritage Fund to the Department of Planning to establish education and informational materials partnership re: oyster restoration with Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation. September 9, 2003: Appropriate $52,339.00 from the Oyster Heritage Fund and $15,000.00 from the Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances to the Department of Planning to help fund construction of sanctuary oyster reef habitat with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation. May 11, 2004: Appropriate $70,000.00 from the Oyster Heritage Fund to the Department of Planning to help with development of an Oyster Heritage Plan, in partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation. Components of the Oyster Heritage Plan development and implementation strategy tasks were undertaken by grant funded temporary and existing Staff resources and associated expenses to perform the following tasks: • Long Creek Oyster Reef Project Design and Permitting Coordination with First Landing State Park Work (field work, permit applications, project design plans) • Oyster Shell Recycling Program with Area Restaurants Work (coordination, logistics for recycling, education, implementation and project kick-off) 21 Oyster Heritage Plan • Oyster Lease Map Coordination with VMRC and Mapping of New Priority Potential Reef Sites Work (GIS coordination) • Oyster Shell Recycling Program Publicity and Printing Costs Work (flier development and design, printing proofs, internal printing, distribution) • City Oyster Heritage Program Website Development Costs Work(website development and design, posting) • Reef Program Coordination Work with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 and the Chesapeake Bay Foundation (partner labor and support with project planning and production , information development, internal printing and publicity) Contractual manpower $30,979 City salaries and fringe $39,021 Total $70,000.00 July 17, 2007: Appropriate $137,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 2 of Oyster shell education and recycling program (year 1 no City fund support, approximately $15,000); (2) Lynnhaven River NOW to help construct approximately 1/3 acre of sanctuary oyster reef habitat near Long Creek channel and marsh islands (approximately $15,000), and (3) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth's match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 58 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay (approximately $107,000). January 13, 2009: Appropriate $126,539.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 3 of Oyster shell education and recycling program ($26,359); (2) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth's match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 58 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay ($100,000- combined with the $107,000 appropriated on July 17, 2007). February 23, 2010: Appropriate $25,579.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 4 of oyster shell education and recycling program. 25 Oyster Heritage Plan November 23, 2010: Appropriate $45,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 5 of oyster shell education and recycling program ($29,000.00) and (2) the Environment and Sustainability Office to utilize temporary Staff to help with site evaluation, design and coordination to support future construction of spat-on- shell oyster restoration facility ($16,000.00). May 22, 2012: Appropriate $33,680.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 6 of oyster shell education and recycling program and to undertake the annual survey of oyster populations on sanctuary oyster reefs in the Lynnhaven watershed. January 22, 2013: Appropriate $33,769.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 7 of oyster shell education and recycling program. January 14, 2014: Appropriate $33,727.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 8 of oyster shell education and recycling program. October 7, 2014: Appropriate $20,376.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 9 of oyster shell education and recycling program. February 3, 2015: Appropriate $20,780.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 10 of oyster shell education and recycling program. TOTAL AMOUNT APPROPRIATED TO DATE from Oyster Heritage Fund: $644,289 TOTAL AMOUNT APPROPRIATED TO DATE from General Fund Reserve for Contingencies: $50,000 TOTAL AMOUNT APROPRIATED TO DATE from Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances: $15,000 16 Oyster Heritage Plan Attachment 8: References (available upon request from Department of Planning & Community Development) Assessment of Oyster Reefs in Lynnhaven River as a Chesapeake Bay TMDL Best Management Practice, Mac Sisson, Lisa Kellogg, Mark Luckenbach, Rom Lipcius, Allison Colden, Jeff Cornwell, and Michael Owens, Final Report to the U. S. Army Corps of Engineers, Norfolk District and The City of Virginia Beach, Special Report No. 429 In Applied Marine Science and Ocean Engineering, Virginia Institute of Marine Science, Department of Physical Sciences, Gloucester Point, Virginia 23062, December 2011. Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan. Maryland and Virginia, September 2012. U.S. Army Corps of Engineers, Baltimore and Norfolk Districts. Overcoming Restoration Paradigms: Value of the Historical Record and Metapoiulation Dynamics in Native Oyster Restoration, Frontiers in Marine Science, 08 September 2015. Romuald N. Lipcius et al. Virginia Oyster Gardening Guide, 2nd Edition, 2013. Department of Environmental Quality, Virginia Coastal Zone Management (CZM) Program in partnership with the Virginia Marine Resources Commission, Virginia Institute of Marine Science, Tidewater Oyster Gardeners Association, Oyster Reef Keepers, Chesapeake Bay Foundation and Virginia Department of Health. 27 S rum ft_s- h� 2) ii r-J :aa•Mv'y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to CIP #100299, "Park Playground Renovations III," for a Cash In Lieu of Park Reservation Payment MEETING DATE: August 16, 2022 • Background: The Enclave at Victory subdivision is a proposed residential subdivision of 13 dwelling lots on an 8.19-acre parcel of land, located at 4125 Indian River Road and zoned as a R-10 Residential District. This development is a small, single-family residential subdivision that is insufficient to require a large park dedication. City Council adopted a policy in 1995 to allow for cash payments in lieu of park reservations, particularly when park land dedications would be less than one acre in size. The proposed development would yield a park dedication of only 0.3276 acres, less than the one-to-five acre minimum size preferred for a neighborhood park. In this particular case, both staff and the developer agree that providing a cash payment in lieu of a park reservation is the most appropriate option for addressing the subdivision's recreational impact. The payment would be appropriated toward improvements at one or more of the parks nearest to this development. • Considerations: Representatives of The Enclave at Victory subdivision have agreed to the Cash in Lieu of Park Reservation payment in accordance with the City Council policy. The amount of the payment is based on the 0.3276-acre (14,270 square foot) dedication requirement of the subdivision, multiplied by the assessed value per acre of the entire site, which was determined by the Real Estate Assessor to be $157,600. This would make the dedication requirement $51,700 for a cash payment in lieu of park reservation. • Alternatives: There are four options for addressing recreational/open space requirements for residential subdivisions that have appropriate zoning: park/open space reservation; park/open space deeded to HOA; park/open space dedication; or a cash payment in lieu of park reservation payment. The City Council may require the developer of The Enclave at Victory Subdivision to reserve, dedicate or deed to the HOA the total parkland/open space requirement instead of making the cash payment. • Attachments: Ordinance, Cash Payment in Lieu of Park Reservation City Council Policy, Location Map of The Enclave at Victory Subdivision Recommended Action: Staff recommends Approval. Submitting Department/Agency: Department of Parks and Recreation City Manager: A 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #100299, "PARK PLAYGROUND 3 RENOVATIONS III," FOR A CASH IN LIEU OF PARK 4 RESERVATION PAYMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 (a) $51,700 is hereby accepted in lieu of a park reservation from the Enclave at 10 Victory subdivision development, with local revenue increased accordingly; and 11 12 (b)$51,700 is hereby appropriated to CIP#100299,"Park Playground Renovations 13 III." Requires the affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _ — . , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . Budget and Management Services City Attorney's Office CA 15886 R-1 August 2, 2022 i a1E3‘44, ys p;,_ ,�; es fir` lot Oa POW DEPART MEN'OF PARKS AND RECREATION 2t64sANDSTO4$ROAD PLANNING.DESIGN,&DEVELOPMENT DIVISION "IRGMABEACr.VA234661207 i 757)385-1100 FAX(757)689 3736 T-Y:7'1 V:RGIMIk RELAY SECTION 4.5 OF THE SUBDIVISION ORDINANCE CASH PAYMENT IN LIEU OF PARK RESERVATION CITY COUNCIL POLICY PLANNING/DSC FILE #: E12-009941-CP and E12-013467-FP SUBDIVISION NAME: Enclave at Victory' Subdivision ZONING: R-10 Residential District TOTAL SUBDIVISION ACREAGE/MINIMUM LOT SIZE PER ZONING: 8.19 Acres / 10.000 Sq. Ft_ DEDICATION REQUIREMENT: 0.3276 Acres [(Total site acreage x 7%)/2] ASSESSED VALUE PER ACRE: i157.600 ASSESSED VALUE FOR SUBDIVISION REQUIREMENT: _51,700 (Dedication requirement x assessed value per acre) The undersigned representing (1dC`' I,7�� ' g � �..�� � �-_ � does hereby agree this date `l'a,1ozz,to the following cash payment In lieu of park reservation: y/, 0 ^".0 -.ELV41te ,ov-t-cltr Company Representative and Title P and ecreation I r q/14 I / i t A t1 eal Estate As ssor Planning/DSC , Por,4 PLO ic orks/Real Estate City Attorney's Office IPVITW` /N -4, .,,,,,,,, ilia jingpr• vy . 11111I- *40 kt_'-Niip / ea4Or •41/4/Irr &t tp 10.***,ke lea a 0 ..-+,114 0/4 \4•` - A 4r4V3- w v. .±. 11114. . - , • 0.1 .: , ,,p4L ip 4.4* \\ ' \ 41 0,* VP\10 • - -- .447:47 •4 $ .->.:-Nr44‘ * • .,_, 443,. ‘-tiP 44.io seot., - ,,, ,,, ts4:•• 47,t.#40iirb --' , ‘tg,4%! -)*.,• . 11.14,4,e112) -0104-4, 44.0 /vk.i. ,,,,,,$) loop,. 4 4- • . P 1m--4' ,, $0,144.67- , .k• 1.1 ‘,...t.-*- \ ,,* 0- 1' 44 ,,, 1 Obia,p1 I titii* air Ar ,-- • 4VVISI\ •vc.4 V- N ...., . , Es-4 s t 0 111XN‘ VP - 41'4k 11. 0 dife 4 Ilie 4 44k•' lb* .- .• oekv ,,.,A A 0 ,, ww • .,ri ( "poke •• - _ •. „...) .4 4 - I!. 4111416 - 44 ,i p' * •4 . , , , • . ,,,, . . ,„...4., i . 'P.t# rks7•7 .• -.;....irsii 6(.4, ...,i r I um* ir,... - _ .- \ • TitAil. - ...' am -..11111 - ,•lig IP 4,140 e; 41‘ .46.. A* 4° \ 41I ...110#41.1t* itVg, / 1 i ---------- \'ifecfaillttaAltit.04 .41 t 0 A -0 sr" , - cu • t;,,,t .E°' „-e-,41;1411P A V. • ..4p .1* 0 '. •.. . - - ' tri .#4,01, 4i.. •*. 4ttc?e... *•... AP - lc' ( okt,4a • "a i V le 0 '. •• - • k 41 # -- :440:/V4:44Z,v• a: . -. .• : • /./ -,plio , th. ; 11/40‘ 4- 44 mo Ao4 * • 4p, . 41 II, 1 4#0 \ 4,,, . ,,,_t top Aro Inte,s - ,.•, I ,. - .' - / :' SO 4:•-• 4t- - Irov** 4/74,•• - - , , ,- . . -,.... / * - - •• • - - Ato,01.04. -,0 -. .),„,,,-* v*4 0 41, # , --- . „ . • _ . . c _., _ ____ • II.4 46;#91 Va.,i: . ''''. .. / IT 44.4 it- 4 c.114N1 ill 4 l. .f 4€440/11'4 • 52 • ' * , - AA t OL 41-001411.0(0/,' •.• '' AZ`'e $ 0111,0\ ,sgiv. e 4 Top ov..... , . . 4v4y-itlit:::* .04 0 ...-. •. . /. .'7 .‘ r•04 0 . fort. ---" . 4,0•A - • . 0 , .„, . I,. ••• ighiv • /ILA. \-1.-- i OP • IP *4 *i g--.--,k 4410 V "Nil.' -Alk,,,44r1. 1 r- Or te: •:\09,'45* 0 "ii...14.3"tv-4 ; N,-„,-- i I . list \ •1* . . . Elt - 1 . / 1 i tir) // ) Disclosure Statement 1113 (ity of Viryinin&udd 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 Victory Baptist Church of Virginia Beach, Inc. Does the applicant have a representative? ❑ Yes E No • If yes,list 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) Leslie W.Smith,Trustee Norman S. Smith,Trustee David S.Springsteen,Trustee • 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 Disclosure Statement City c,!VivnW Btu h x 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. 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 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 0 No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes It 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. Traditional Concepts, LLC 2I Disclosure Statement city of%uguery Reueh 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 ft No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the engineer/surveyor/agent. Pinnacle Engineering 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 44711774 Applicant-Signature Leslie W. Smith,Trustee Print Name and Title July 29, 2022 Date 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 ElNo changes as of Date Signature Print Name 31 thlosureStatement AB. City of tiryinia Bend' Planning & Community Development Continue to Next Page for Owner Disclosure 4J Disclosure Statement w\B t'ity t;t Vuynw.t Boxii Planning & Community Development _____ —rim Owner Disclosure Owner Name Applicant Name Victory Baptist Church of Virginia Beach, Inc. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers, directors,members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means "a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 5I Disclosure Statement: City of%oihnirt Bead: Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the engineer/surveyor/agent. 6I Disclosure Statement \113 Cott of Vuyuua Kttieh Planning & Community 4411110 Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date 7I rr\DSIA��1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Transfer $136,494 within the FY 2022-23 Operating Budget of the Virginia Aquarium for Security Services MEETING DATE: August 16, 2022 ■ Background: The Virginia Aquarium campus is large, with a Main Building and the South Building anchoring the 38-acre natural area, numerous parking lots, and the Darden Marine Animal Conservation Center located off Bells Road. This facility welcomes over 600,000 guests annually. The visibility and popularity of the Virginia Aquarium brings inherit risks to the animals and guests. For example, the seal exhibit is vulnerable to having items tossed into the water, which poses a danger to the harbor seals. In addition, individuals have attempted to breach the exhibit, which poses a danger both to the harbor seals and the swimmer. For this reason, it is important for the Aquarium to have adequate security. To better meet the security needs of the Aquarium, the City's current contract with Allied Security Services, administered by the Office of Emergency Management, could be extended to provide security services at the Virginia Aquarium campus. This contracted security service could also provide, as needed, security for the Virginia Aquarium's private events in lieu of relying on off-duty Virginia Beach police officers. • Considerations: The Virginia Aquarium has identified funding within their controlled personnel accounts. Prior to this contract, these services were handled by both City positions and Abacus employees. In FY 2022-23, the Aquarium budgeted $136,494 within their controlled personnel accounts for security. The Aquarium wishes to join the City-wide security contract to ensure adequate coverage of the facility. Because personnel accounts are controlled, the $136,494 needs to be transferred to operating accounts to be able to issue the contract. • Public Information: Through the regular Council agenda notification process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Aquarium City Manager: er)2 1 AN ORDINANCE TO TRANSFER $136,494 WITHIN THE FY 2 2022-23 OPERATING BUDGET OF THE VIRGINIA 3 AQUARIUM FOR SECURITY SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $136,494 is hereby transferred from controlled personnel accounts to the 9 contractual services accounts of the Virginia Aquarium for the continuing provision of 10 security and after-hours monitoring at the facility and campus. 11 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: 7 Budget and Management Services City Attorney's Office CA15882 R-1 August 2, 2022 K. PLANNING 1. WINNER'S PROPERTIES, LLC /THE RUNNYMEDE CORPORATION & EVERGREEN VIRGINIA, LLC for a Modification of Conditions re car sales and service at 3700 & 3736 Sentara Way DISTRICT 3 (Formerly District 3 —Rose Hall) RECOMMENDATION: APPROVAL 2. WITCHDUCK REAL PROPERTY, INC for a Conditional Change of Zoning from I-2 Heavy Industrial District to Conditional A-36 Apartment District re construction of up to 438 multi-family dwelling units at a density of 35.72 units per acre at 122 Mac Street DISTRICT 4 (Formerly District 4—Bayside) RECOMMENDATION: APPROVAL 3. WILLIAM M. &JONI P. GREENE CO-TRUSTEES OF THE WILLIAM M. GREENE REVOCABLE TRUST & CO-TRUSTEES OF THE JONI P. GREENE REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1900 Landing Road DISTRICT 2 (Formerly District 7 —Princess Anne) RECOMMENDATION: APPROVAL 4. JENNIFER& JOSEPH BAILEY for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1404 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 402 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. PHILIP A. FLETCHER for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1400 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. LORI & STUART GOLDWAG for a Conditional Use Permit re short term rental at 2002 Baltic Avenue DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. YOUSRY FARAGALLA for a Conditional Use Permit re short term rental at 314 29th Street, Unit A, DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 9. An Ordinance to AMEND Section 401 of the City Zoning Ordinance (CZO) pertaining to small scale agricultural processing as permitted uses in the Agricultural Zoning Districts (Sponsored by Council Member Henley) RECOMMENDATION: APPROVAL q''`''1 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, August 16,2022 at 6:00 p.m.In the Council Chamber at City Hall,2nd Floor at 2401 Courthouse Drive,Building 1,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 nttns;//vheov webex.com/vbenv/onstac'e/e nhn?MTID=eed2493693 ffe 7 73410Sfeha179d2fdh. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on August 16,2022. The following requests are scheduled to be heard: Winner's Properties, LLC (Applicant) The Runnymede Corporation & Evergreen Virginia,LLC(Property Owners)Modification of Conditions Address: 3700&3736 Sentara Way GPIN(s):1487523853, 1487428775 Council District District 3 Witchduck Real Property, Inc (Applicant & Property Owner) Conditional Rezoning(1-2 Heavy Industrial District to Conditional A-36 Apartment District for construction of 438 dwelling units at a density of 35.72 units per acre) Address:122 Mac Street GPIN:1467837448 Council District District 4 William M.&Joni P.Greene Co-Trustees of the William M.Greene Revocable Trust&Co-Trustees of the Joni P. Greene Revocable Trust(Applicants& Property Owners) Conditional Use Permit (Alternative Residential Development)Address: 1900 Landing Road GPIN: 2317072265 Council District District 2 Jennifer&Joseph Bailey(Applicants& Property Owners)Conditional Use Permit(Short Term Rental)Address:303 Atlantic Avenue,Unit 1404 GPIN: 24273224032440 Council District District 5 Nikola Georgiev(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address: 303 Atlantic Avenue, Unit 402 GPIN: 24273224031610 Council District District 5 Philip A.Fletcher(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address: 303 Atlantic Avenue, Unit 1400 GPIN: 24273224032400 Council District District 5 Lori&Stuart Goldwag(Applicants&Property Owners)Conditional Use Permit (Short Term Rental) Address: 2002 Baltic Avenue GPIN: 2427071911 Council District District 6 Yousry Faragalla(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Addresses:314-A 29th Street GPIN:24280102823141 Council District District 6 CITY OF VIRGINIA BEACH-An Ordinance to amend Section 401 of the City Zoning Ordinance pertaining to small scale agricultural processing as permitted uses in the Agricultural Zoning 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-JULY 31,2022&AUGUST 7,2022-1 TIME EACH ri 0 [E] '- nu a 0 o 0.0 sui LI Oin-1 Ne)"/- c t a Lt-i- -0 0- LI in 0 i-kr G-- Dif= fc-1- .\\ irnig -A& c, Li Fi cLir' n „in n r1Lr;- - i-lite crtr ., , -lii---- . 4 N )- 1 1`-- ,<), 0 aid i cuLT; EcectA\ D Le,i) \ ,c) c.., ', b\c), Q � ❑ Q ' , d Q o Q0 0C) - Aigi ti) 4'9❑ 09 09 rA' \°c' -0,0 1. \0 u.. -- -rl \ LO O\C3\CP -,e3 EC4" �� o �• d-,.- qtP ' ❑ r`. 0, o Q� o ti 0d P �J \\\\' ° — i ti‘ IN I 2 ot \c xo'C'-' . 1‘ 1 N I :fC§, N Q - .Ce 9 \O tr; ' (4 m , >+ ° cp CO \ N •__ - ts ❑ I 2it; ii N H (.0 U.) 4 NI w w c4) '6. .< \ ' ===--] 4)'> A'%1/4'-• •-t. et 2 tO '‘,‘ \ ....0.1111amm_ 16, . 111 (,) rt.; ,—_ N L \�� CO h i\ .' IN-Ce \ .,, o \ moo 60 I .4().\451/ I ' ' ' >t 1 D 5 i))__ a as I tip_.� D_ \\ .ULn ° '. 0 N*4 pou 410 \ S I N 401 0 ‘ _-c cn ,„, N \ \ ‘' IS: CO V, a) . cc' , ct A ,ocippic-co- i 0 , A 0, to \ >, 0 ck ‘. 0_ \---- n >, a) � � (n � N m4 Qo , co )J(Irigicirl:Ln OC I �.r;U r , 4 c, r�, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WINNER'S PROPERTIES, LLC [Applicant] EVERGREEN VIRGINIA, LLC & THE RUNNYMEDE CORPORATION [Property Owners] Modification of Conditions to a Conditional Use Permit for the properties located at 3700 & 3736 Sentara Way (GPINs 1487523853, portion of 1487428775). COUNCIL DISTRICT 3, formerly Rose Hall MEETING DATE: August 16, 2022 ■ Background: In 1997, both parcels included in this request totaling 13.48-acres encompassed an application for a Conditional Use Permit for motor vehicle sales, service, and rentals. Subsequent requests were granted in 2002, 2004, and 2013 to expand the automobile service center, allowing automotive repairs, and to modify the site layout and building design. However, the western 3.22-acre parcel that was approved as part of the original 1997 plan for a parking lot and display area was never developed. Later in 2002, the 3.22-acre parcel was removed from the boundary of the automobile sales and service center. In February 2022, the applicant was unsuccessful in obtaining a Conditional Use Permit approval for the additional use of the western parcel for a separate operation for Motor Vehicle Sales and Service. Based on that disapproval, the applicant has revised their plan and proposes to add the new and separate 12,000 square foot automobile dealership on the larger parcel that presently contains a car sales and service business. Along with the additional dealership, up to 1.72-acres of the 3.22-acre parcel is proposed to be partially developed with only parking and display area of vehicles for sale, similar to the approval in 1997. The new dealership building is proposed to be similar in size and location as a 12,481 square-foot automotive repair building that was approved as part of the 2004 Modification of Conditions Request. Though approved, that building was never constructed. The submitted concept plan depicts new proposed building located east of the existing facilities, where it is currently a paved parking area. Parking for employees and customers is proposed in the front and east of the proposed building. This parking area will also be shared with the existing dealership and service center. The addition of this building requires 14 new parking spaces while 38 spaces are required for the existing facilities. The submitted plan indicates that the minimum parking requirement will be exceeded by three spaces. A new vehicular access point is proposed along Sentara Way in front of the smaller western parcel. Winner's Properties, LLC Page 2 of 6 • Considerations: While the Comprehensive Plan also recommends for office use at this location, the proposed development corresponds with the existing pattern of development on the site which was granted by City Council initially in 1997. The proposed modern style building, lot layout, and landscaping buffer will be complementary to the existing dealership already on the property. Consistent with the existing dealership, the three-foot high berm will be extended onto this portion of the site along Sentara Way to help screen the proposed parking and display areas from the adjacent residential dwellings across Sentara Way. As shown on the Concept Plan, the site will meet the required 12 percent landscaping for the display area. The proposed screening and the conditions as recommended will all assist with minimizing impacts to residential properties in the vicinity. A full and detailed review of all landscaping requirements will be done during final site plan submittal. Concerns regarding the loading and unloading of vehicles on Sentara Way and glare from existing lights were noted issues raised by several property owners in the vicinity with the application considered earlier this year. Along with recommended Conditions 25 and 26 to ensure that any light glare be directed onto the applicant's property and a reaffirmation that the loading and unloading of vehicles within the public right-of-way is prohibited, Staff combined the applicable conditions from all previous approvals into one comprehensive set of conditions noted below and in the Staff report. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received one letter of opposition and two letters noting concern. There were five speakers in opposition at the July Planning Commission public hearing. The opposition indicated disagreement with the proposed layout of the new parking area, an additional ingress/egress along Sentara Way due to diminished buffer and overall loss of mature trees, the location and of the car carrier loading and unloading area and timing of that activity, the existing up lighting of the large flag and flagpole located on the northern portion of the property, the one-story design, and concern about impacts to animals as well as residents' health and possible decline in property values due to lighting, and noise. • Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1 . All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 25, 1997, December 18, 2002, May 25, 2004, and November 12, 2013, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis — Virginia Winner's Properties, LLC Page 3 of 6 Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 4. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 5. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 6. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 7. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word — Floor Plan — Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 9. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. Winner's Properties, LLC Page 4 of 6 10.Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 11.No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 12.Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis — Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3) foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 13.No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of- way without written permission from the City or State, as applicable. 14.The existing vegetations in the area labeled as "1.3 acre portion of GPIN 1487- 42-8775 to be conveyed to City of Virginia Beach" on the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis — Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture shall remain and no construction shall occur in that area. 15.All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. Winner's Properties, LLC Page 5 of 6 16.Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 17.All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 18.All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11 . 19.All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 20.No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 21 .The use of an outdoor amplified speaker or paging system shall be prohibited. 22.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. 23.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 24.No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 25.A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are Winner's Properties, LLC Page 6 of 6 within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 26.Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 27.On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 28.Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29.On-street employee parking shall be prohibited. 30.Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right- of-way. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Letter of Concerns (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager Applicant Winner's Properties, LLC Agenda Item Property Owners Evergreen Virginia, LLC &The Runnymede Corporation Planning Commission Public Hearing July 13, 2022(Deferred June 8,2022,May6 City of 11,2022) Virginia Beach City Council District District 3,formerly Rose Hall Request Modification of Conditions Staff Recommendation -�, 1 b„„,er 1 rKrrn/e ta.. t Akott Road I J!�/ Approval € V q Lamp Avenue 1a ,...,04ig _._________k_Staff Planner G `�roa�adh 9 ' , Hoa N. Dao Bonney Road \ �� 9 i i -ir /-►�—_ Location a ; i.- , d - 3700& 3736 Sentara Way -� „ 4 0 —24 GPINs � 1.a 1292 chi_ or 1487523853, portion of 1487428775 __IL, 0,.�--, , . ) 1 \ Site Size 7 1 13.48 acres ` , /� r lParMway � �� AICUZ • co a P,�y�,aN Less than 65 dB DNL �' Sbrugnlr Dr iI��� Watershed _. �� Chesapeake Bay ` `� v Existing Land Use and Zoning District annty Ro of `y - Automotive sales, service, & rentals,vacant lot -• - ,_. _ A: ' x j _ .-2,3, / B-2 Community Business Arai 44 Surrounding Land Uses and Zoning Districts f `� �• North 14 -e•— • .' , , . .el - Interstate 264, Unimproved Third Street ,.- .-- . r i` ti;,,,, South --�8~J e Sentara Wayt wail J s '�1 ri.. Single-family dwellings, office/ R-7.5 �' - • .�_. R- r g Y �, .-� ,. is , � _ �, Residential, B-2 Community Business .. r • ; East (' ;i. - -11 3:' « Rosemont Road " :-J '' Mini-warehouse/ B-2 Community Business �, t- `" = I . West H ,y,?n •frvi- Unimproved Spruce Street ►, * tw -. . , - Housing for Seniors & Disabled Persons/ R-7.5 Residential Winner's Properties, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The 13.48-acre parcels located in the Rosemont Strategic Growth Area (SGA) and zoned B-2 Community Business District was granted a Conditional Use Permit in 1997 for motor vehicle sales, service, and rentals. Subsequent requests were granted in 2002, 2004, and 2013 to expand the automobile service center, allowing automotive repairs, and to modify the site layout and building design. • The applicant now seeks another Modification of Conditions to construct a 12,000 square-foot building on the site. The new dealership building is proposed to be similar in size and location as a 12,481 square-foot automotive repair building that was approved as part of the 2004 Modification of Conditions Request. Though approved,that building was never constructed. • The new building will contain a separate dealership, albeit also owned by the existing property owner and applicant, and will operate independently of the existing business on the site. The applicant was unsuccessful in obtaining a Conditional Use Permit application for Motor Vehicle Sales and Service on the western 3.22-acre parcel. That request was denied by Council on February 15, 2022. Based on that disapproval,the applicant has instead proposed to add this new dealership on the site that already contains a car sales and service business. • The applicant also seeks to expand the existing parking lot onto a portion of the wooded parcel west of the existing facilities.The expansion will include additional space for staff parking, additional display area for sales, and a designated area for the loading and unloading of vehicles. According to the applicant, the remaining 1.3 acres of this wooded parcel will be conveyed to the City. • The submitted concept plan shows the new proposed building located east of the existing facilities in an area that is currently paved parking. The vehicle sales display areas are proposed to the west of the building and in the rear of the site. Display and parking areas will be screened by plantings and the existing berm along Sentara Way. • The new parking area will be shared with the existing dealership and service center. The additional sales and service building requires 14 new parking spaces while 38 spaces are required for the existing facilities.The submitted plan indicates that the minimum parking requirement will be exceeded by three spaces. In addition to the 55 parking spaces for employees and customers, 670 spaces are designated throughout the site as display area. As shown on the Concept Plan,the site will meet the required 12 percent landscaping for the display area. A full and detailed review of all landscaping requirements will occur during final site plan submittal. • The submitted renderings of the proposed building, shown on page 13 of this report, depict a modern design style building with glass and aluminum composite panels (alucobond). • A new vehicular access point is proposed near the intersection of Sentara Way (a public street) and Hyundai World Way(a private drive). A condition is recommended to ensure the proposed access will meet the Public Works Design Standards Manual.This will be reviewed at the time of site plan submittal. • According to the applicant, stormwater impacts will be addressed by either expanding the existing wet pond along I- 264 or by utilizing underground storage system underneath the parking area. A full and detailed review will occur during final site plan submittal. • The hours of operation will be from 7:00 a.m. to 10:00 p.m., seven days per week. Winner's Properties, LLC Agenda Item 6 Page 2 - -- 4 11 ` \1 1 e u Li t 6i ,.. ,w � _ Zoning History s� . I c {•;alb '. — — # Request D. 'ki A2 _- - �----`=1 SAa ; a 1 MDC(Motor Vehicle Sales,Service, & Rentals)Approved . - 7'm 11/12/2013 2_,_-----___.------<---,-- A_ ( `°rt4;;a w� ) .iTET.1a CUP(Automobile Repair)Approved 05/25/2004 J% /,\,-- �_'�*`" =''' CUP(Automotive Service Center)Approved 12/10/2002 i-%:cto /�;', ` �" •i=': •71n.� CUP(Motor Vehicle Sales,Service, & Rentals)Approved ./f .J%. o Vic"\ "'- 02/25/1997 ri '";� � __ _ /� ._•. 2 MDC(Assisted Living& Nursing Home)Approved _ _. .5 �,�i+�L• '.,, \,, fl•ta n 12/13/2011 I' C. 1' ° a = CUP(Assisted Living& Nursing Home)Approved r�,,,;� .•' 1 " `'7 _ _ C � �. 08/25/1992 tr. .C'-.. 01 rl 3 CRZ(0-2 to Conditional B-2)Approved 10/11/2005 r:�,�: r_.f:•f .i?�^�s: �+ i ter a ,IF, 4 STC(R-7.5 to B-2)Approved 02/10/1998 ..-_ .•fit- 14,,4 _,10,..s, E.,. ,"a' -vies 11i=><" ===;a 7. I�'� . 'di 5 REZ(R-7.5 to B-2)Approved 02/25/1997 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 1 ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,the applicant's proposal to add an additional building for the purposes of operating a second automotive dealership is acceptable.The Rosemont SGA Plan notes that this site should include a transition from an auto-oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities. While the Comprehensive Plan also recommends office use at this location,the proposed development corresponds with the existing pattern of development on the site which was granted by City Council initially in 1997. The proposed modern style building, lot layout, and landscaping buffer will be complementary to the existing dealership already on the property.There is existing three-foot high berm partially extends the length of the site along Sentara Way with mature trees where the berm is absent. Preliminary plans submitted with the application depicted the removal of several mature trees to accommodate an extended berm along the entire length of the site on Sentara Way. However, due to recommendations by Staff and the nearby residents to retain the mature trees along Sentara Way,the construction of an extended berm has been eliminated. Instead,the applicant proposes to retain the mature trees that are within the first 50 feet of the Sentara Way property line on the wooded parcel and plant a hedge row of evergreen shrubs in lieu of the berm. In Staff's view,the existing mature trees and proposed hedge row will provide the screening needed to the residential dwellings across Sentara Way. The new proposed automotive dealership will generate approximately 315 additional average daily trips. This number of trips is small in comparison to the daily trip count of a high volume by-right commercial use on a three-acre parcel zoned B-2, such as a fast food restaurant with a drive through. Several property owners near the project area raised concerns regarding the loading and unloading of vehicles in the public right-of-way and glare from existing lights during review of the applicant's previous application for development of the wooded lot to the west of the subject site. The applicant provided a Lighting Plan (page 14); however,the plan was limited to the existing facility. Conditions 25 and 26 are recommended to address the lighting to ensure conformance with existing standards. Condition 27 is recommended as a reaffirmation that the loading and unloading of vehicles within the public right-of-way is prohibited. The submitted site layout depicts a designated area for vehicle loading and unloading, providing further assurance that this concern has been addressed. The applicant seeks to retain two existing lights that illuminate the flagpole, directing light upward rather than downward as universally desired. As Winner's Properties, LLC Agenda Item 6 Page 3 the flagpole is located over 500 feet from the closest dwelling unit and is screened by an existing service building (Building A), Staff is agreeable to this request as noted in Condition 26. While the City Council denied an application to expand the automobile sales use on to the wooded site on February 15, 2022,this proposal is substantially different. The proposed expansion now only includes a new parking area on the western parcel with the remaining 1.30 acres of woods to be preserved as well as the retention of the existing 50 feet of mature trees along Sentara Way.The site layout associated with the approved 1997 Conditional Use Permit for Motor Vehicle Sales, Service, and Rentals depicted the entire western 3.22-acre wooded parcel as an expanded parking area. The location of the new dealership building is now proposed on the east side of the existing buildings as opposed to being constructed on the western wooded parcel. Staff believes that this application with the preservation of 1.30 acres of wooded area and the retention of the existing 50 feet of mature trees along Sentara Way are improvements over the previously approved application and the application recently considered by the City Council earlier this year. Based on the considerations described, Staff recommends approval of this request subject to the conditions listed below that are designed to reduce visual and operational impacts to the surrounding residents. Recommended Conditions 1. All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 25, 1997, December 18, 2002, May 25, 2004, and November 12, 2013,shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach,Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 4. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 5. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion,Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 6. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 7. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word—Floor Plan—Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application,which has been exhibited to the Virginia Beach City Council and is on file in the Department Winner's Properties, LLC Agenda Item 6 Page 4 of Planning and Community Development. 8. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 9. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 10. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof,to match the buildings. 11. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 12. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval.The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3)foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 13. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 14. The existing vegetations in the area labeled as "1.3 acre portion of GPIN 1487-42-8775 to be conveyed to City of Virginia Beach" on the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach,Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture shall remain and no construction shall occur in that area. 15. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 16. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 17. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. Winner's Properties, LLC Agenda Item 6 Page 5 18. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 19. All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 20. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 21. The use of an outdoor amplified speaker or paging system shall be prohibited. 22. 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. 23. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 24. No motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 25. A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 26. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and I- 264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 27. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 28. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29. On-street employee parking shall be prohibited. 30. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Winner's Properties, LLC Agenda Item 6 Page 6 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Conditions of 2013 Request A Modification of Conditions request to modify the site layout and design of the building. 1. When the building additions and parking area are developed,they shall be in substantial conformance with the Conceptual Site Layout entitled "Volkswagen Checkered Flag, Virginia Beach,Virginia" prepared by MSA, P.C. and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the buildings are developed,they shall be in substantial conformance with the Building Elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Elevations"). 3. When the Volkswagen Checkered Flag monument sign is constructed and installed, it shall be in compliance with sign and landscaping regulations. No pylon signs shall be permitted. 4. Flagpoles shall incorporate down-lighting in lieu of up-lighting. Only one set of flags representing the dealership or car manufacturer will be permitted on the site. 5. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch.A layout of this vehicle display with dimensions in the easements shall be submitted to the Planning Director for review and approval. 6. Any modifications of existing signs on the site or structures shall be required to comply with sign regulations. 7. No statue shall be permitted in the vehicle display area at the Drivers Mart Way entrance as indicated on the site plan referenced in Condition 1. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval. No statue shall be installed without said review and approval. 8. No outdoor paging or speaker systems are permitted. 9. In addition to the landscaping shown on the submitted plan, a meandering berm with a height of at least three (3) feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. 10. Any archways shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. There shall be no signage on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. This area shall be landscaped. All applicable setbacks must be adhered to. Winner's Properties, LLC Agenda Item 6 Page 7 11. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State. 12. Hours of operation shall be from 9:00 a.m.to 9:00 p.m. for the sales operation. Hours for the service center shall be limited to 7:30 a.m. to 10:00 p.m. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. 13. All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Conditions of 2004 Request (Not Constructed) A Conditional Use Permit request for an automobile repair garage. 1. The proposed building shall substantially conform in size and location with the submitted site plan titled "Conceptual Use Permit Exhibit for Driver's World, Proposed Prep Facility, 3700 Sentara Way, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 2/02/04. Said plan is on file in the City of Virginia Beach Planning Department. 2. The design, building materials, and building colors of the proposed building shall substantially conform with the submitted elevation plan titled "Proposed Prep Facility for Driver's World,Virginia Beach,Virginia", prepared by Lyall Design Architects, and dated February 2, 2004. Said plan is on file in the City of Virginia Beach Planning Department. 3. The site shall adhere to all of the conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on February 25, 1997 and December 18, 2002. Conditions of 2002 Request A Conditional Use Permit request to expand the existing automobile service center. 1. The proposed additions shall substantially conform in size and location with the submitted site plan titled "Conceptual Site Layout, Auto Nation, 3700 Sentara Way,Virginia Beach,Virginia", prepared by MSA, P.C., and dated 07/15/02. Said plan is on file in the City of Virginia Beach Planning Department. 2. The design, building materials, and building colors of the proposed additions shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion,Virginia Beach,Virginia", prepared by Lyall Design Architects, and dated July 15, 2002. Said plan is on file in the City of Virginia Beach Planning Department. 3. The site shall adhere to all of the conditions attached to the existing Conditional Use Permit approved by the Virginia Beach Council on February 25, 1997. 4. Street frontage landscaping, in accordance with the Site Plan Ordinance, Section 5A, shall be installed along the northern property line adjacent to Interstate 264. 5. There shall be no pennants, streamers, banners, balloons, or searchlights displayed on the site at any time. Winner's Properties, LLC Agenda Item 6 Page 8 6. The proposed shade structures shall be substantially in conformance with the submitted brochure titled "Shade Structures" which is on file with the Planning Department. The shade structures shall meet the following requirements: a. The framework shall be on noncombustible construction. b. The fabric shall be flame resistant. c. The structures shall meet wind load requirements in the area. d. The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof,to match the buildings. 7. Additional landscaping shall be installed as depicted on the plan entitled, "Conceptual Site Layout/Landscape Plan, AutoNation, 3700 Sentara Way,Virginia Beach,Virginia," dated 12/06/02.The Landscape Plan shall be revised prior to site plan review to indicate upgrade of the berms adjacent to Sentara Way. Conditions of 1997 Request A Conditional Use Permit request for automobile sales, service and rentals. 1. No outdoor paging or speaker systems are permitted. 2. The development shall substantially adhere to the submitted rendering, site plan, and landscape plan on file in the Planning Department. The color scheme shall be in keeping with the submitted color board. Minor deviations will be permitted only with the approval of the Planning Director. 3. In addition to the landscaping shown on the submitted landscape plan, a meandering berm with a height of at least three (3)feet at the peaks is required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. 4. The sign shall be monument style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department. All sign regulations must be adhered to. 5. No signage is permitted on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance.The archway shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. This area shall be landscaped. All applicable setbacks must be adhered to. 6. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the Expressway, or from the Third Street right of way. 7. Hours of operation shall be from 9 AM to 9 PM for the sales operation. Hours for the service center shall be limited to 9 AM to 10 PM.All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. 8. All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. 9. A direct access is required for construction traffic from Rosemont Road during construction of the facility. Construction traffic is prohibited on Sentara Way. 10. Any existing healthy trees located within Spruce Street and the 25-foot shall be protected and saved. New landscape material, as shown on the landscape plan, shall be added where existing vegetation does not meet the Category I requirements.There shall be a 66' buffer on Spruce Street. Winner's Properties, LLC Agenda Item 6 Page 9 Comprehensive Plan Recommendations The property is located within the Rosemont Strategic Growth Area (SGA) that is envisioned to transition from an auto- oriented retail strip to a mixed-use transit-oriented neighborhood center at higher densities. The land use plan for the subject property calls for an office use with maximum permitted height of up to four stories, incorporating water, open space, and stormwater management amenities and building fronting the streets with parking properly screened in the rear. Proposed developments in urban areas should also consider ways to integrate the site and building design guidelines established in the Special Area Development Guidelines for Urban Areas adopted by reference in the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sentara Way No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use 2a—883 ADT Existing Zoning 2b—1,400 ADT South Rosemont Road 33,200 ADT 1(2018) 32,700 ADT 1(LOS 4"D") Proposed Land Use 3—1,198 ADT 'Average Daily Trips 2a as defined by a 31,000 square 3 as defined by a 43,000 square 4 LOS=Level of Service foot auto dealership and service feet of auto dealership and service center use center use zb as defined by a 3-acre parcel zoned B-2 with a fast food and drive through restaurant Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sentara Way is a two-lane local street and South Rosemont Road is a four-lane minor urban arterial roadway. South Rosemont Road is designated on the MTP to be improved to a six-lane divided arterial with a 165-foot wide right-of-way and a bikeway. There are no roadway CIP projects slated on this portion of Rosemont Road or Sentara Way. Public Utility Impacts Water & Sewer The property is connected to City water and sanitary sewer services. Winner's Properties, LLC Agenda Item 6 Page 10 Public Outreach Information Planning Commission • The applicant's representative met with the Princess Anne Plaza Civic League on April 21, 2022 to discuss the details of the request. According to the applicant, 10-12 members of the Civic League and neighbor were in attendance and no objections were raised subject to these four requests: 1) no use of the outdoor speaker system; 2) shielding of the lights closest to Sentara Way; 3) no landscaping debris from applicant's property left in the City right-of-way; and 4) no loading/unloading of vehicles on Sentara Way. These are agreeable by the applicant and are added as conditions. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 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 August 12, 2022. Winner's Properties, LLC Agenda Item 6 Page 11 Proposed Site Layout i w j r Cr SZ. 1 `� !14;w; ,F1,1: S 1• W „`tii 0cc , '.:. we o i Z - -., i! 1_f r _..7 i !1( ,f,i. ,!,.! ../ ,, (1 O _1..: 4 i',0 , ,9 _ , ,, . y . - i, i , _ ,.., _ . 4. a s • -., I "f-1,.. .---. i i- 1.._ .f. - .am __y1•.. 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ROMIG DEPA j z1 �, �,•,•y" •' CO Srr.•fir _ All SA K P. 1 Ate . VIRGINIA BEACH,VIRGINIA ., • '� ✓.l GPM: 1+s�si-sssa (t1�: 6dsr,Zontrgg B1 , 7 /� r�-� � m...PvtU i / 4-,r% N NJ G, "�-eVY t_� I l Pa[tdna_Symmace �2 sp.o.. Z. •� O » r _ ../ram New Wk..a 1.rwnlnry: 351 Space, '....;-Jr•-.y �.. •. � 5,108 P.rldoi: 64 Spaces trsi� _-. W • .�_�'' - "• _ r' Fmploy.6 PuNn. 81 Spam. • . i 11v'�i•- r/ - S.k•,C.wmmn Parking: 63 Sp.or • ' ♦ .1 -RNrta..rm..-ur.e..0.8.r.AN TOTAL: 581*mom 1r :`• CO y atecw.a ratxer po.RAWL •' 1Ou eN a.,,,. C �- � .`' tire'4r+ .� r _TU• //i.i •• r' r.'. t Co�Y•�9NtAA0C ihC 11ep•,ogle -� •,-`w/ � Pam»tleO Ufe No.\3,, -. //���rr�� • " 0 ' 1:' . _'._.' ' . • . , '11111115-411 ,.4% ' 1 _- 41 '11101.7 I I, • -»' :. .. ���!SrrrUi rem fw�» - fir► �_ llll``,,,,���l •141+411 iFie no. , , rTT ,r 1 1 144 *PM.LOC.NeON �'''�''I�''''{�!"7/�� I ee,FAWN} I' r1"'' 11.'�UfI LL.''f INI , --7,-----re--7-IT .' TT � ' tr;:dI rinsp,rx� ' 7. 11,...T.,,,,„,„:,„.:%- fl . i----' 1 ... 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N rrr•1 "'°'" ' M SA P.C. w+wwttou•1e.ornAne k � DATE: 07/OI/13 *), iM-r....oertA+New N EX4IB1T roe'ODIFIOATION OF CONDITIONS Fie+vm�ISdaets•Rllsi�•ION r�orkiwae•re rywrw- Lnes wuw•n n tamer try NO wvs Im.rsAr�p rnMsr Miro ar P CM7 t F's�vovd A.�rr�6R.LAohl�p = 3..�h sre Isom,.ne.nas.rrurvrr t rek rertAto t ocoa les.•1D ane. - 507I Brine Drive V .A w e /M � •Rf rP�� r+e trace+wr••rr[•r.e.�r•1Arl.cOlrsr pwAwws AI!eoarr.a w .w•rt tTni Renck VA 2J�62 �� .�oeA �', yna�iro NI MUM�roN.e 1.01.11.40)'.ra.µ 757�90-92w�bferionlMr.a�imN(I`�) 7. to 1MOI.M R POT rrN•1 1AL O.LOON,IM...rOLPPO..TON ww nc.w:p-• D v D 0CrQ -0 0) 0) r+ � oo (D rD 1- 1--t 3 r 00 rn n 13 13 1 0 rD 0- I I hut MN SOUTH ELEVATION : = �=-+" """ IJ1 NJ O W I _...._ C EAST ELEVATION CrQ • T cz� 4.111101111101041.160. • NORTH ELEVATION w / • cPWEST ELEVATION G� \ 1111.111111.. , Q ABC. 6ak VOLKSWAGEN CHECKERED FLAG EXTERIOR BUILDING ELEVATIONS DATE: 07/01/2013 �� Q I.YALI.DES(Gh QQ' • rD v, v OC1 O (0 "a a • UU fD N r D rn n Approved Concept Plan (2004— Not Constructed) � - z s_ Y t < yG,T Ili R R $ia e e. 5, is �< V:Vi UI VI V1 0 D J'a. Pi riA I 111.' LL . a a v $ t N :: ; ! 1 O q € c a c m C v m Z ,.a 1 V �. 4 7 p < a s I ELLm t% m E ,, O` „ y < o z it < a a c c a i \ ait C M O 2 bND (( ______, _ A - -/ to et , C C Y � r V N v,W W / , i Itit 1--, _ .- , ( . ' . / i r 61= E a • C- ro n u C ;AR r, U a. 5 Winner's Properties, LLC Agenda Item 6 Page 20 Approved Elevation Plan (2004— Not Constructed) t or s E /II g®t si p® . . ,c. !,„e 33 t11 Pi 6 r 111111 a I; 1011 l';' • f a Y: IttIvtigtik pi t \ i II ors o woe a CS,o 0 0 lETIN �Qe®� a cZt'Tq' ii:ii!: • uO • , .I •■ Ul j e k A ri , . _3 < ilti , . e. F- O a Ilani igi ii. 6 ilii. i, a C~ u 1111 innIli 11111 x 1 sit e 111E111 1211 , - , Ell '. ct ME I cf,0 Z a C7 1# W i _..1 a 1. A 911, =1. „,W ii") i.__ i C irl t7,..,J V ?i rl Ti ® ti L Winner's Properties, LLC Agenda Item 6 Page 21 Approved Concept Plan (2002 — Building A) S `} z c s.1 -�i < 0 !�I a L 'a a 41 fi* .-r'4 z a ii; Willi ---............._ j g ii A g ; 2 ci ill L. t / 4.W P ' <b 1-!r, I 1-pi. i#ti Q !j fJ" n pw : '.-- . .., °Ll. ,, . ,,__ ,. .' . '. ' : i II / .,/ 7 • / / 1 ".• I lyt/ / ` / • i 5 • • i� P f;' /' / tI '—1,'..,..,'.•:::,:ate. i . `i; i47P ;_, .I i P 7.: I _ii.! , Ili i . - -] - - j L. 1 -�, - y j a ,ti c 1 - :. I " : 0 4� I i ;:';: a •fie 3 d .1 . 8 7, .4‘‘I \ 1 : � \ i 1 . i 1 • k Winner's Properties, LLC Agenda Item 6 Page 22 Approved Elevation Plan (2002 — Building A) W Y = ■ ,,,,,,, N w I , �_ tow g • I l<g i, - � O a � < ` DE it 1 i a ih Z a t k 1 .y[411� t{3 � 1W A O ( l R Z I O i 0 i..r e O88o8o0®00000 ;o1111I M z Y . < _ 1_a_ - ; o c a z 13I IIIII y X ° . . Q - 11111 ow ' Q . a - io ; O Wm p o- -{ W 1 a ' ' < i -!- I- < I O r f; I I.. «. 0 w a o U N i 0 III y_ I n z X mu u = _ ' o fcp g Winner's Properties, LLC Agenda Item 6 Page 23 Approved Shade Structures Plan (2002) • r TRILICTU ' II4 )11 1 ) li k I k tz - > .. '4 it .41Q6. WM -_ ii I - ��1 ��C� is . -' —rr:-z-.4..III-7-'tlIll- • Y ..,,- Le--;r . , 1; _ _AM-�`� '40;7'1 tI I-_-- _I ...:, ,y L — - G c. -• "�'� • '_ ma14, T�',�'",.*-ter `� — �_ s� e ,4r.or 411.1-111lbs /r1 . .�.- x �-ri i )(1-!JIC, ,..,-,40.6„ .v...._- 1 800 50-SHADE Winner's Properties, LLC Agenda Item 6 Page 24 Approved Concept Plan (1997) i I -14 IJ vi . . • .: t s, ii LI^ d e -4 — —-—-----1 _ — -- ------ --- At FE . 1 (gt., . . _. . 0. • , , (...1,0,...._ . ; I wg -- _.-, r•'.. ,I VAA- i 1 5 ....- -_' • A , , ' 1 ' •' '; -1 - . . - • ' le• i ., , i _ '‘ . 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L:,,..,--: .: ,. , \ T"", -1,36,s4pni4, —L, _.. 0..0,,•.-. - I 1 i ; \ , .% k•' ')'' /f \\ \\ r,. •V ft ; I ,,• , , : . \ - :.:=A1;,.:,: •, . i '' / -i 1 4;.-, •4'- r, ' \ ..:-,.. 't •;. ,.A ' i a-,- I , ,, . '" s:: ;i ' '' ' '• ) . l_ ,, I,, Flowi \, ; , • ,t,, _ 31,ii„ , . 2 1 ' . 1111 )'- . 1 1 1.1 ,,. k, •‘ . i 11111 i 110* .' \ • - i 1 I-- --I± i' '•. _ __________— ___ __ _ . - - — — Winner's Properties, LLC Agenda Item 6 Page 25 Approved Elevation Plan (1997) 1 VIVOV1A 1{76111 VINIOVIA t*;-7 a Iii LINN &MARK! M 1 >.• I_I - VW ALTIiO Ve TVS , l — I . fa0--. - --1 110 la I 8 IMP FA se. I I • • - v 2 III INI Till ill \ 1IIIII . I 11 \ IN 1111 t I u 1111 .1'. 1 H . : t 1 ev. ' - , \ , i .11'' Vat ; I _ • inn 0.!° ,4744*. -_,-,7 I -.-..4;..- ......- if4'":;`,1,,• V.47:1. _ . •11•11 III • . 4 , i II 7-', ,• , i: IIII - -- ,s. i II r ,Z.t• a' II X47.1 Fe . '•'. .0 i i 1,t. ,#.1t1,-..-•, 84% 111 II MIN ,sg. . is7is llimmii:11:11 t... ...„.. ., . ,11111111 ruin i'',4-: . : 1111 . _ 1 • len MI ' .•im •,4,- 1 • , 411116 . au g r-•.-..,77; . = I RI ilMI Mil ;. 11,1!! PM . 111 Z V..-.., - - fik. I : 41!•.! ' p _ 2. . III am i ,-,... li., ,,,-.„:..._i 11.1 mi 1 I ''ci - lin „,,,,. A,s. § on — Z? 3 U - gin • '', „v. Ill .t. .. m Winner's Properties, LLC Agenda Item 6 Page 26 Approved Elevation Plan (1997) Q� z n \ t C7 .0-1...140 1111 i\\ v -- --♦ 4 0:o ' 24 0-.A • --- .9-.8 .0-.£ • .0-2 .9 .9-.Z1 • Winner's Properties, LLC Agenda Item 6 Page 27 Disclosure Statement Disclosure Statement pi r.fy of Vivi.:Booth Planning&Community :,...,. Niii 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 Winner's Properties,LLC Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. Kyle D.Korte,Esq.and Billy Garrington 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) Stephen M.Snyder,William Snyder,and Benjamin Snyder • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Please see document attached as Exhibit"A" '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conf,ict of Interests Act,VA.Code 4 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(hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affi gated 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 1 Winner's Properties, LLC Agenda Item 6 Page 28 Disclosure Statement Disclosure Statement City of Yuyaw 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 • No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A 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 financia institutions prov d rig 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. N/A 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. N/A 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. Covington Hendrix Anderson Architects(Jerry Smith&Robert Antonio);Orbis Landscape Architecture(Nathan Lahy) 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 N/A Revised 11 09.2020 2 I Winner's Properties, LLC Agenda Item 6 Page 29 Disclosure Statement Disclosure Statement City oyv ,$7th _______ Ail3 Planning&Community Development • 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the company and individual providing the service N/A 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?In Yes 0 No • If yes,identify the firm and individual providing the service. 1.MSA,P.C.;2:Billy Garrington 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. Wolcott Rivers,P.C.Kyle D.Korte Applicant Signature i certify that al: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,1 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. /6R -- --------------- Applicant Signature le Sf 6Member Print Name and Title 03-0/- ZvzZ Date Is the applicant also the owner of the subject property? ❑Yes El No • If yes,you do not need to fill out the owner d sclosure 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 dumps es el Q 08.01 2022 spa d.. Print Name Hoa N Dao Revised 11.09.2020 3 I Winner's Properties, LLC Agenda Item 6 Page 30 Disclosure Statement Disclosure Statement C.,\MW Planning&Community Development Owner Disclosure Owner Name Evergreen Virginia,LLC Applicant Name Winner's Properties,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? PI Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Winner's Properties,LLC,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) Please see document attached as Exhibit"B" 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 MI No • If yes,what is the name of the official or employee and what is the nature of the interest? N/A "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirect y 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 4 2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity,s also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. Revised 11.09 2020 5 I Winner's Properties, LLC Agenda Item 6 Page 31 Disclosure Statement Disclosure Statement A/13 orb,of vi•vl•,a.odh 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. TowneBank 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 ind vidual providing the service. N/A 3. Does the Owner have sery ces 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. N/A 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?D Yes •No • If yes,identify the firm and individual providing the service. N/A 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. N/A 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. N/A 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. N/A Revised 11 09 2020 6 I Winner's Properties, LLC Agenda Item 6 Page 32 Disclosure Statement Disclosure Statement \33 ('eyofVtryiria5 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?MI Yes ❑No • If yes,identify the firm and individual providing legal the service. Wolcott Rivers,P.C. Kyle D.Korte Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Owner Signature L ,,��yy�� / Authorized signatory on behalf of 51e ,4ei M' Pub fd Evergreen Virginia. L L C. Y_ Print Name and Title 03 -0f—ZoZ2 Date Revised 11.09.2020 7 Ir'a g r Winner's Properties, LLC Agenda Item 6 Page 33 Disclosure Statement Disclosure Statement B Cry of Virginal Bmd: Planning&Community Development Owner Disclosure Owner Name The Runnymede Corporation Applicant Name Winner's Properties,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Andrew S.Fine,Chairman;Morris H.Fine,Co-Chairman Secretary;Matthew D.Fine,President;Jeffrey S.Fine,Vice President; Robert T.Fine,Vice President;Michael G.Fine,Vice President;Donald J.Frederick,Vice President and CFO • 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 Empl yee Does an official or employee of the City of Virginia Beach have ar 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? N/A '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2.3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 Revised 11.09 202. S I P a g e Winner's Properties, LLC Agenda Item 6 Page 34 Disclosure Statement Disclosure Statement 'NB City of Virginia Ran* Planning&Community - Development - Sao--•'�""- 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. N/A 2. Does the Owner 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 Property is under contract to sell to Winner's Properties,LLC 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 M No • If yes,identify the firm and individual providing the service. N/A 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes *No • If yes,identify the firm and individual providing the service. N/A 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. No,Winner's Properties,LLC is under contract to purchase 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. N/A 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 cn the property?i Yes Cl No • If yes,identify the firm and individual providing the service. Winner's Properties,LLC represented by Kyle D.Korte Reviser"11.09.202C Winner's Properties, LLC Agenda Item 6 Page 35 Disclosure Statement Disclosure Statement �y of.V 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. Fine,Fine,Legum,and McCracken,LLP;Morris H.Fine,Esq. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is compete,true,arc accurate I understand that, upon receipt of notification that the application has been schedules 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. /11. -or Owner Signature The Runnymede Corporation,Donald J.Frederick,Vice President and CFO Print Name and Title 26-April-2022 Date Revised 11.09.2020 71 Page Winner's Properties, LLC Agenda Item 6 Page 36 Disclosure Statement Exhibit A List of Winner's Properties,LLC Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. • EVERGREEN VIRGINIA,LLC • CHECK LEASE,LLC • CAVALIER PROPERTY,LLC • PATRICK HENRY PROPERTY,LLC • CENTRAL DRIVE PROPERTY,LLC Winner's Properties, LLC Agenda Item 6 Page 37 Disclosure Statement Exhibit B List of Evergreen Virginia,LLC Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. • WINNER'S PROPERTIES,LLC • CHECK LEASE,LLC • CAVALIER PROPERTY,LLC • PATRICK HENRY PROPERTY,LLC • CENTRAL DRIVE PROPERTY,LLC Winner's Properties, LLC Agenda Item 6 Page 38 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. Winner's Properties, LLC Agenda Item 6 Page 39 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 6 Winner's Properties, LLC [Applicant] Evergreen Virginia, LLC & Runnymede Corporation [Property Owners] Modification of Conditions Address: 3700 & 3736 Sentara Way RECOMMENDED FOR APPROVAL - HEARD Madam Clerk: Thank you, Mr. Chairman. Our next agenda item is agenda item #6, Winner's Properties, LLC. It's an application for a Modification of Conditions on property located at 3700 and 3736 Sentara Way in District 3, formerly the Rose Hall District. Mr. Wall: Okay, thank you. Please state your name for the record. Mr. Garrington: I will Mr. Chairman, ladies and gentlemen of the Planning Commission for the record, Billy Garrington on behalf of the applicant Winner's Properties, LLC. 3700 & 3736 Sentara Way. We thank you for hearing this case again today, Mr. Chairman. We have used up an unusual amount of your time and of your staffs time on this request, and we certainly hope that today will be the last time that we that we use up some of your time, but it's sometimes you run into one like this that has a heartbeat of its own, and this one certainly has a heartbeat of its own. So to refresh your memory on this, as you recall, we were back here back in February, and the original plan was to take this entire wooded parcel here and develop that for the new Genesis Dealership had had significant opposition from the neighborhood, from the BMX Bicycles, and from the staff too. So that plan was turned down by City Council. The plan that we have now is that you would take the Genesis Dealership and put it on this existing Hyundai Dealership, which has been there for 25 years, having been built back in 1997, when it was the Auto Nation Dealership, and it is now the Checkered Flag. So that's the request that you have now, the new dealership would be placed, as you see here. Part of this wooded area that we were originally trying to develop will be redeveloped again for additional parking, but it won't be the entire wooded parcel that you see. The rest of it will be dedicated, conveyed to the City of Virginia Beach. You've got a significant buffer along the front here, 50 feet to buffer any of that parking lot on these existing homes over here, along Windsor Oaks West. I got to tell you this, since we were here in February that people from Checkered Flag had been meeting with the Civic League and the residents that live in that area, and they have made significant strides along some of the areas that were a concern, and those concerns were on-street parking, which we had a problem with, and that has been resolved and is going to be resolved even better. You had the noise from the cars that were being unloaded, noise from the burglar alarm that was on the building, you had all kinds of problems, even with the lawn care people that were coming at odd hours of the day, the dumpster that was being delivered and dumped at odd hours of the morning, so we've tried to work with that. Offloading of vehicles on the public right away that were being done, and we're addressing that and the last one was lighting. You've got some lights that filter over into the neighborhood along the front of the Hyundai. We are in the process of taking shields and put it on the light fixtures that are there to shield that down to make sure that we don't eliminate the areas next door. So, it's not like the Checkered Flag people have not done anything since we were here in February because they have been trying to work with them. Have I made them 100% happy? I don't think there's any way we could make them 100% happy, but we have addressed the items that we can. So, if you would take just the staff write up that you have in front of you today with the 29 conditions that are in there, we're in agreement with those 29 conditions, and we would be well on our way to getting this approved, but you still have opposition from the neighbors in regards to the request even with those 29 conditions that you see there today. So, I'm here to tell you that we're in agreement with staffs write up, and Kyle Korte will expound upon that a little bit more, and then we'll hear from the opposition and see if we can rebut their opposition and tell you what we can and can't do to make this a better situation. But again, this is a dealership that's been there for 25 years, and we're going on to that existing lot with the new dealership. We're not taking all those trees down that we were before, and I'm sure your memory is very good. You had them talking about red-tailed hawks, you had them talking about foxes, you had them talking about all kinds of wildlife that we were going to displace. That whole area is not being developed anymore, like it was on our original request. Mr. Wall: Okay, thank you. Mr. Korte is going to speak as well? Mr. Garrington: Yes, sir. Mr. Korte: This is Kyle Korte again; I represent the Checkered Flag dealerships and a lot of their matters pending in the area. I'll reiterate what Mr. Garrington said, simply the efforts that have been made to accommodate the staffs recommendations, the staff's conditions, and to meet with and communicate with the neighbors and address any and every concern that could be addressed on their behalf. understand that you may hear from some folks today regarding potentially a location of that entrance way to the west of the property of the final location of that and there's a desire, I understand it, to have the entranceway remain where it is and just expand the parking lot to the left. Based upon the communications with Checkered Flag and the different folks that are in-charge of the operations, that is an untenable solution, because they need the entranceway to be as far to the west as it can be for the purposes of unloading and loading the vehicles there were, as you may recall, a source of significant disruption in the community to have that drive lane there where the cars can or the trailer can go up there and drop them off. The parking spots you see to the west are going to be the dedicated employee parking places, such that we're not disrupting customer service flow, or any of the potential customers that want to test drive vehicles. So as I understand it, and subject to being surprised shortly, I believe that is the chief objection as it sits here today from the neighbors, and Checkered Flag has made the every accommodation we could such that the drive entranceway there, as you'll see on the plan, it you know, it will just based on the location it will impact some mature trees, but the concession there was both the buffer area all the way to 50 feet to allow for the view corridor from the neighborhood, some noise buffering, and just aesthetically to the neighborhood to keep all the mature trees that can't be in place and the conditions that Mr. Down, the city staff had put in place to require other than that particular area where there will be the entrance way for the mature trees to remain in place, which we've agreed to, and to add what landscaping would be necessary to satisfy the city's requirements as far as street landscaping. I welcome any questions or any issues that may need further explanation, if Mr. Garrington or myself didn't do a sufficient job? Ms. Oliver: The buffer is to the left with the employee parking lot is, the drawing is short. The other side of that is Sentara Hospice House, right? Mr. Korte: Eventually, yes, ma'am. So, what you're seeing there the part that shaded blue is going to be the new proposed parking lot, 1.3 acres there is the parcel that Checkered Flag or Checkered Flag entity is under contract to purchase is that entire parcel that's outlined there. The plan is to develop the blue portion into the parking lot that's being proposed today. That green portion will be under the plan; it is going to remain as is. The ultimate plan is to convey it to the city, and understand there's some discussions there of how the neighborhood wants to. Do they want to remain wooded and undeveloped or within a park or city, you know, but that at the point is conveyed away, it's not ours. That 50 foot buffer you see is our property that they will be in-charge of maintaining as a buffer. Ms. Oliver: In front on Sentara Way? Mr. Korte: Yes ma'am, the southern portion of the parcel that abuts Sentara Way. Ms. Oliver: So that's the part that they are addressing not to the left, not the woods that separate the hospice house from the parking lot? Mr. Korte: As I understand it, the woods we are going to leave them completely untouched. There is no objection there. As I understand it in that plan, you see the entranceway, that entranceway will be landscaped with trees and entrance we will be moved to the far western portion almost where the green is, and so the objection is that entrance where as I understand the objection, that entrance way will require the removal of some of the trees there, and that's just, I mean, the nature, you know, unfortunately, you know, we've tried to, I heard the comparison of it, it's like cutting a pumpkin. We're trying to cut the pumpkin with a minimal amount of cuts, and that is where we are as far as having that development there. Ms. Oliver: Got it. Thank you. Mr. Wall: I've got a few questions. So, you've got the box outlined there. It looks like it goes up to the edge of pavement up to Sentara Way, you're not including that 50 feet as part of the dedicated write of Sentara Way, that 50 feet outside... Mr. Korte: It's 50 feet of the buffer, right. Mr. Wall: Okay, and up to the point of that green area, the 113 feet that's dedicated to the city? Mr. Korte: We are in the process of sorting through that. Mr. Wall: If this is what gets approved by City Council what assurances do we have that that's going to take place? Mr. Korte: The assurance is in the in the application of the conditions are that that green area remains as is, and it's labeled as being conveyed to the city because that's the ultimate intention. Mr. Wall: Part of the conditions? Mr. Korte: That's correct. Yes, sir. Mr. Wall: One thing that a little bit of new discussion on is the signage for the property branding or trademark, Checkered Flag itself, that it doesn't necessarily have to be lit from the ground up. Mr. Korte: Are we are talking the flag? Mr. Wall: Yes, we are talking about the flag, that is kind of outlined in condition #26, that everything is supposed to be shielded downward, but for some reason the flag is left out that that shielding. So, I believe there is a way though to direct that light downward. Mr. Korte: So, here's the issue and just to orient everyone the flag is, I guess, to the northern portion of that parcel almost to the BMP. Mr. Wall: So the flag is roughly 500 feet away from the..? Mr. Korte: Give or take right there, and I have not measured I believe, a city staff measured it from the from the Sentara Way border. I can't represent to you the exact distance, but I can tell you it's right next to the BMP, and it's the flag if you're on that obviously is 264 at the top of the depiction there, and if you if you drive they have the Checkered Flag blowing in the wind there and there are lights that are at the 14- foot maximum level that I did not realize their lights can until I walked the site, but when you see them they shine up directing towards the flag and the condition is a saving except those two lights, all other lights are 14 feet which is under code and then directed downward, and then the Sentara if you recall when we're here, you know, I'm whenever we were last here, the lights adjacent the Sentara Road, you'll see a condition in there. There was a potential light pollution issue from those lights to the adjacent properties on the far side of Sentara, I guess to the south of the parcel, and you'll see a condition in there that requires any lights within 25 feet of Sentara way to be shielded, such that no light would go, I guess be directed to the south. Mr. Wall: How many of these flags per se, you have quite a few Checkered Flag businesses; does each one have one of those? Mr. Korte: Generally, they have Checkered Flags,whether every location Mr. Garrington may know. I know I've driven by right when I visit the various dealerships there are Checkered Flags there, but I can't represent to you that everyone or what number has it I certainly don't know. Mr. Wall: I would imagine many, obviously important to their trade? Mr. Korte: Yeah, I would hope so. I would assume but I couldn't tell you if it was at every location and same one or whatnot. Per Mr. Garrington every location has one. Mr. Wall: Are they all lit from below or do they have lights on top of it? Mr. Korte: I usually shut my personal interest down around 08:30 and go to bed. Mr. Wall: Are there any other questions? Thank you for your time. Madam Clerk: Mr. Chairman. We have five speakers, Peter Burning, followed Sandra Shinabarger. Mr. Burning: Good afternoon, my name is Peter Burning. I live at 104 Presidential Boulevard, which is directly south on the other side of Sentara Way. I would say back in February and even back in November, myself and our neighbors were probably miles apart from what Checkered Flag wanted to do. Right now, I'd say we've moved into about,well, literally 100 feet, and that's the distance of from where their entrance is now, that was just discussed to where that new cut through the curb and through that buffer zone, right about where that white arrow is. So, they want to take the buffer zone, which is fantastic, and then basically knock its middle tooth out, and cut through there to create that entrance and maneuver space for the unloading and loading of the car carriers. Even though just down Sentara Way, that little spur between Sentara Way and Rosemont Road, Hyundai Drive, I think it's about 400 feet long of private drive provides plenty of space for loading and unloading of those car carriers, and they've done that and they've been doing that for some time. So saying that they absolutely need. Mr. Redmond:They've done that and have been doing that for some time. I don't know what you mean by that. Mr. Burning: Previously, they used to do the unloading of the vehicles right there on Sentara Way, right behind the houses, and there were cars parked on either side. They had created their own no parking zone there to do so. They've changed that after we brought it up. They've removed the parking from Sentara Way, and they started doing some unloading of car carriers right next to the Jack Rabbit Storage area on their private drive. Mr. Redmond: I didn't understand what you're saying. Mr. Burning: So there is plenty of space, they do want to do it on property, that private drive is their property so they can continue to do an on property. We just want to see that buffer, which is great to remain fully intact, because once you cut that 2627 eight foot out of it, it really makes a buffer a lot less effective towards the neighborhood, and throughout this process, they have been very helpful and coming towards and helping meet a lot of the expectations, we expect of a neighbor business that sits right next to a residential area. To address the condition 26 with the up lighting, think you've expressed it very well. It just shoots light pollution straight up into the sky. It reverses a specific condition from 2013 to down light those flags, and yes, every Checkered Flag applies those flags, just sending unnecessary light straight up into the sky by the city, which I'm sure, you know, the Comprehensive Plan specifically addresses light pollution, and light should be directed downward and giving them a condition straight up, I think goes straight against that. Mr. Wall: Thank you, Mr. Burning. Mr. Wall: So, your thoughts are that there are other opportunities to load and unload? Mr. Burning: Yes, and they've demonstrated that can be done. It's a longer walk for the truck drivers and takes a little longer time to do the unloading, that loading with the noisy ramps, the idling trucks, that would all happen to the east next to Jack Rabbit Storage and that office park just south, completely away from the homes, completely away from any residences, and I think that's a better solution than cutting through that that buffer and doing it on their property right there. Mr. Wall: I do have one thing, you've worked with them, these many months to get to this point. Did that come up, that access, previously or what was that? Mr. Burning: That's a relatively new layout, and they did provide the drawings a little while ago, and the more you look at it, the more you walk the area, you realize that 50 feet isn't that much, and a lot of the most mature trees are just beyond that 50 foot that we're going to lose. Mr. Wall: Did you look at where the right of way starts or where it ends to where those 50 feet starts at the edge of the right of way?Are you taking that from the edge of the pavement? Mr. Burning: So, looking at this, and I actually did this yesterday. So, looking at their scale, the 50 foot starts just on the other side of the sidewalk... Mr. Wall: Because that's where the right of way starts. Mr. Burning: So, 50 foot in from there is pretty good and saves a whole bunch of trees, which we're very thankful for, but then if you'd knock out, you know, a wide swath of that, it really cuts that buffer into two chunks, and really makes it less efficient just for driving trucks in and out which they don't really have to do. Mr. Wall: So, their layout is it's a fairly new layout compared to what it would look like over the past couple months, I mean. Mr. Burning: Previously, like they've said they would take the whole wooded area, and sort of do with as I please, but I don't believe that cut was there and there was no buffer at that time. Mr. Wall: There was no buffer. Mr. Burning: No, it would have been cut clear. So, this is better, we think the best solution is to keep that buffer fully intact and effective, and then use that other 400 foot of drive to do the operations on their property. Mr. Wall: Okay, Alright. Could you take your pointer and show me where you want this to occur, please? Mr. Burning: You can't see it on there. It's just off the map. If they could get higher into the east, you would see the Jack Rabbit Storage. It's called Hyundai Way Lane, used to be Drivers World Way. Ms. Oliver: The first slide has it on there. Mr. Burning: So right there where you see Drivers World Way, that's a roadway that connects Rosemont to Sentara Way. It's about two lanes wide, you know, plenty of space to do the offloading there, and they've done it before I've seen. They don't always have control of the truckers when they arrive and when they do their operations. But over time, I think they would learn to use that as the best place to conduct that operation. Madam Clerk: Sandra Shinabarger, followed by Eve Trulecky. Mr. Wall: Please state your name for the record. Ms. Shinabarger: I'm Sandra Shinabarger, I live on the opposite side of Rosemont Road, and wanted to point out that when you zoom out even further, I was talking to someone at the Department of Environmental Quality, and they pointed out, when you zoom out further, this is the very last of the wooded parcel and quite a large area. We're talking about neighborhoods called Windsor Woods, Windsor Oaks, and Windsor Forest. It is also affecting further down Windsor Gate, Princess Anne Plaza, Thalia, Birchwood, Malibu, Chimney Hill, etc. So I was just hoping you would all consider the health and property values of the hundreds of taxpaying residents who live all around there while you're also considering, you know, one wealthier resident who's already selling the Genesis cars around the corner at a high end dealership. Ms. Oliver: I'm sorry, ma'am, I didn't catch the last part of what you just said. We couldn't hear you, just the last couple of sentences. Ms. Shinabarger: Just considering the property values and health of hundreds of residents that live all around this larger area,while at the same time considering the one wealthier resident that's already selling the Genesis cars around the corner at a high end dealership on the Boulevard. So does that make sense? Anyway, there's a lot of people that are going to be affected by this because the trees filter the fumes. don't feel like, I just hope Commissioners wouldn't want to be remembered as a reason for smog in Virginia Beach and breathing problems like asthma. That's not a good look for relocating to Virginia Beach, and neither are heat strokes. I was hoping to show is when you zoom out, even Independence has woods in there, clover leaves out that exit ramp, and Rosemont doesn't have that. Like this is the last block of woods in this whole area, they're gone like everything's has been paved. So, I just wanted to point that out. Also, neighbors have repeatedly suggested building upwards and building upwards has repeatedly been dismissed for about eight months, even though the Hyundai company, they promote a pro- environmental stance, they have that on their website that they're known for that. So that's what I was trying to hope to show there, and also as far as preserving the buffer,there was also an issue where some trees were removed on VDOT property and according to VDOT,there was not permission to remove them, and Checkered Flag admitted to doing it and they pointed out that it was a contractor mistake, so I have reason to believe that more mistakes would be made regarding aggressive tree removal, and wanted to clarify that the city was interested in 3.2 acres not the 1.2 acres as far as, thank you. Mr. Wall: Are there any questions for Ms. Shinabarger? Madam Clerk: Eve Trulecky followed by Arthur Trulecky, and then Bodn Trulecky. Ms. Eve: My name is Eve Trulecky, and I live across from the wooded area. In previous meeting, we said how beautiful it is and protect our neighborhood from noise pollution, the wooded area that affects the health and wellbeing of humans and other organisms. Deforestation, the permanent removal of trees to make room for something else like construction, or manufacturing is wrong, this forest beyond our house wasn't planted by humans, a forest planted by humans then left to nature own devices typically takes at least 100 years to mature, produce oxygen and absorb carbon dioxide, and like we said before,forests are home for many species. My other point, the lawyer who will represent dealerships previously said, we cannot predict when drivers will deliver cars due to bad weather, long drive, or traffic. Allowing to build a new business will have more problems, such things as vibration that causes walls to crack or toxic vapor that destroys vegetation, more population, traffic noise, and night lights. When we bought our house, we thought we would live in quiet peaceful residential area, not commercial. In 2020, more than 100 countries pledged to end or reverse deforestation. The Virginia Beach City also wants to retain its tree canopies. For this the reason I'm against the approval of this Conditional Use Permit, and I request that the council motion for this approval. Thank you. Mr. Wall: Okay, thank you. Are there any questions? Madam Clerk: Arthur Trulecky followed Bodn Trulecky. Mr. Arthur: Good afternoon. My name is Arthur Trulecky and I live on Presidential Boulevard. I'm against this plan, it is kind of the old switcheroo they presented us with something else, and now they're adding a driveway and it's completely wrecking the frontal view of the neighborhood. So as you pull into Presidential Boulevard, the first thing you see is the forest behind all the houses. So with that, they're going to be removing a good portion of it and there's going to be just a gap. We're going to be able to see the dealership for that, so therefore I'm against it. Additionally, think it should be considered that we build maybe a boundary wall, if this does go through, so that way it can prevent more noise, but overall, I'm against it. So thank you. Like a sound barrier wall, they have on the interstate something. Mr. Wall: On the south side of Sentara Way? Mr. Arthur: No from the interstate because you can still hear everything from the interstate because I mean, we're gonna be removing a good portion of the woods there. mean, that buffer zone that is presented right there wasn't what was originally discussed, because we want it to maintain the whole frontal view of it, and with that driveway being moved, I don't know, 150 feet, maybe it's just gonna get rid of all those mature trees up in the front. Mr. Wall: Well, I thought the discussion was just a few minutes ago that the plan originally, it was more expansive parking lot. Mr. Arthur: Yes, it was, but during the meetings and everything we discussed that we wanted to keep the frontal view, so in their plan that they presented us they had a buffer area where I think it was like a three foot buffer or whatever, and then the parking lot behind it. So we told them that we wanted to keep the frontal view of the trees and everything. So now they proposed this plan where they have a majority of the trees up front 50 foot, I don't know if that's 50 foot from the street or if that's 50 foot from the start of the property line, but now the added driveway is their what used to be where the red line is on the right hand side, that area is going to be now a buffer so they're going to have to replant trees right there in order to close off that street in and they are opening up that driveway all the way on the left. Mr. Wall: So maybe this may be a question for Mr. Korte. Madam Clerk: Final speaker, Bodn Trulecky. Mr. Trulecky: My name is Bodn Trulecky. I'm right across the dealership. We moved there in 2001 February and the dealership was very small, and I believe so it was called Drivers World. Without any notification few years later, I find out that dealer is expanding. They were asking once to build the bench up there, but I guess that some of the neighbors said no, and we succeeded that way, but later on they start expanding the dealership without me knowing about it. What I'm after we have about seven or eight houses right across the dealership that's a residential area, and we are getting all this noise, etc. Right by, you know, the seven houses from west to east we've got commercial area there. We've got building with the offices, nobody's there. Nobody, you know would complain about the noises, vehicles coming in, and I can see that the dealer is trying to put the driveway right across my house, and basically, it's not going to look good, and it's not going to be good for all the neighbors. The neighborhood is going to go down. Basically, the proposal is to put the big parking lot from north to south with the 50 feet buffer, which is not a lot, my driveway is 38 feet together with the apron. So, what is 50 feet? Why don't you think or why don't they think about putting their parking lot closer to the interstate from the west to the east, leave 200 feet from the Sentara Way. That's all what I have, but please review all this information and help us to decide what we want to do. Do we want to keep it neighborhood nice or commercial? Thank you very much. Mr. Wall: Okay. Thank you. Are there any questions? Mr. Alcaraz: I've got a question. My question is, so you say you live in a residential, right? But you always knew it was business or commercial across the street? You always knew that? Mr. Trulecky: As I said, 21 years ago, the Charlie Barker's or World of Drivers was on the right side, close to... Mr. Alcaraz: But you always knew it is commercial across the street? Mr. Trulecky: But in the plans of the city was no, we checked that. We checked that, are they gonna expand or not? We couldn't find anything. The city didn't tell us anything about it. Mr. Alcaraz: You never know if it's a business property, what they're going to do in the future. They could knock every tree down and put a building without doing this use permit? They're offering something. That's where I'm confused because they're offering a buffer. They're offering ways to try and get what you want, but they could, if this doesn't go, they could build a building and all trees go, every one of them because it's a business lot across from your residential. Mr. Trulecky: So, I'd be okay, if I open bed and breakfast in my house right across the street. Mr. Alcaraz: But that is residential. Mr. Trulecky: Why this is only 50 feet of street. Mr. Alcaraz: But you are your residential lot. Mr. Korte: I want to have one last final word too, but if you take what the last gentleman just told you, he is talking about why we don't take this parking lot and move it closer to the interstate to 264, but the problem we're doing that is that you take all these mature trees down, this blocking, the noise is coming off the interstate. So you haven't really accomplished anything by increasing the buffer up here and taking all those trees down. By leaving those trees along the interstate, it'll help block some of that noise that's coming off the interstate, and you also heard Mr. Burning say that when we were here, back in February,we were miles apart, and now we're within a driveway entrance and a light on the flagpole. That's how much we have conceded and how much we have worked together. So you got to admit that we have tried to do our best we can to be a good neighbor and get along with the people who live in the Presidential Boulevard. The thing I was pleased to hear is Mr. Burning's report the efforts of the neighborhood and Checkered Flag and coming together and trying to find a solution, because he's exactly right, we were miles apart. And, you know, Mr. Burning has taken the lead in the neighborhood, he's been very reasonable as far as meeting with us, communicating with the Checkered Flag and trying to find a resolution. And likewise, you know, I am an advocate for him, but I believe Checkered Flag has done the same thing. They've been very, very, very willing to think outside the box and listen to solutions, and one potential solution and that, you know, with Mr. Burning and myself, the communications as far as this drive aisle are relatively reasonable within the last as far as the discussions of how we could come to a place where we could all agree that it's not what we want, but it's what we could live with, had been within the last couple of days, and so the issue he raised today I had not heard before, and that is why we can't continue to offload up there next to the Jack Rabbit, and why that can't be the preferred location, and the reason for that is part of this application is the development of that new showroom,the Genesis showroom, and that would impact, you know, now there's nothing there, it's parking, but when we flip it and put that Genesis showroom there, it eliminates the possibility to use that on a day-to-day basis has a drive lane for the drop off of the vehicles, and so I just wanted to address that one item, and I'll take any other questions or clarifications. Mr. Wall: Any other questions? Mr. Redmond: I would just like to understand, you don't own what's call the Grassy Knoll? Mr. Korte: Yes, sir. Mr. Redmond:That's owned by Runnymede, I think. Mr. Korte: It is, we're under contract. Mr. Redmond: Now you're under contract to purchase that? Mr. Korte: We are under contract to purchase that. Mr. Wall: So, explain a little bit about the size of that parking lot, like you've talked about employee parking. Give us a little bit about your background about the employee parking and who is going in that additional parking area? Mr. Korte: Historically, when this application was first brought before your body and then City Council, there were issues with employees parking on Sentara Way. The employees for one reason or another elected instead of going to eat lunch in their car on site, they would park their car on Sentara Way and go eat lunch there. We candidly didn't have any objections, in them doing that, and we'd never heard or Checkered Flag, never heard any objection from the community, but in going through the application process, part of the requirement for having a business is you have somewhere for your folks to park while they work, and we did, and we do currently, for whatever reason they weren't doing it, and so since that time is a way to, you know, that was one of the big objections with community, we're not hearing much about, we just had everyone's time, we're not hearing about a bunch of the problems we've solved, and that was one of the problems, and so on that plan right now, where you see the drive aisle where the vehicles will be dropped off, that's going to be the dedicated, "employee parking" such that we know, you know, this, we're told is a company policy, that's where you go to park your vehicle while you're working, and we're hoping it's a Checkered Flag line that we sell, but it's going to be on that corner of the of the parking lot, and the intent is to keep them off the street, so it doesn't clog the right away there. Mr. Wall: So, the employees are all the way to the left or wherever designated within that, and then the rest of the parking is for the operation of the business, for customers? Mr. Korte: For customers and display. So, there's a service component as well, but it'll be vehicles that are being serviced or sold at the dealership. Mr. Wall: Well, who came up with the configuration? Like was that your engineer who was the? Mr. Korte: MSA, initially on the previous application, we had this thing standpoint. We had this dealership was on that was the whole wooded lot was developed with that there. So in order to make this work, part of the new plan was to put this here next to the Jack Rabbit Storage, and then we wanted to take the least amount of this wooded parcels we could, and the idea of becoming we're at the point where we don't have much more room, right now, if you drive by there, just because of the inventory shortage that you hear everyone talking about. They're there looks like there's plenty of space, but hopefully when things get back to normal, there'll be plenty of vehicles on lot. So, the number of parking spaces or we call display spots is the minimum that we can have and the reason for that as the concession to the neighborhood to allow that portion to remain wooded and not paved as a parking lot. Does that answer your concern to address your concern? Mr. Wall: Yeah, I think just some of the residents looking at the layout and configuration in more of an east west direction; say it would push into the one acre I think is what they are well providing buffer along Sentara Way. I think that's that was their hope and their intent was to have that buffer, you know, between the parking lot and Sentara Way. Mr. Korte: I think you heard some discussion, the initial plan when we met with the neighborhood showed this dealership being put here and then the parking lot here but didn't have any landscaping here. It was just the typical city require street frontage. So that was the portion that was added to address some of that concern as far as the aesthetics and the visuals as far as, you know, the concerns that were addressed, and that was the solution that's been proposed, which I understand is, has been well received except we have to an entrance way there at some point, you know, for the vehicles to be dropped off. Mr. Wall: No questions? Madam Clerk: No more speakers. Mr. Redmond: Staff question? Do we have a traffic count for Sentara Way or is it too small to be recorded? Does anybody know? I don't know, it's a fair answer. Ms. Smith: I don't want to look at Ric Lowman, he is back there, but if you look on page 10 of the staff report, it says present volume, no data available, but it does note the capacity. Mr. Wall: So, I'm going to just open up a discussion with the Planning Commissioners, and I think it's fair to be able to ask questions of staff at this time. One question, I do have is about this isn't necessarily the boundary, the right of way that's along the off ramp, but it's just right of way in general, and being able to get in maintaining clear right of way, so I don't know if anybody on staff can help explain that because we have, you know, a couple of things. One is where the pond is to the north, there's right of way between the business and the off ramp itself, the pavement. It appears that Checkered Flag maintains that ramp way, you know, they go in and they mow the grass, I think, and then that should have been a good question? Mr. Tajan: The portion, that is VDOT property, yes, they have an arrangement with VDOT. Mr. Wall: So, there is a condition in there to maintain the right of way and it current state or not in its current state, but, you know, with not to clear the trees. What ability do they have to clear the trees that are in between the parking lot, and the interstates, you know, one person brought up as a sound barrier, you know, adjacent to 264. But the trees themselves provide a sound barrier. So, what is, can anybody answer that what their ability is, some of that city property that's in there. Mr. Tajan: So, Chairman Wall, it's hard to see on this plan, but there's remnant right of way, which would be north of the proposed parking lot that is owned by the City of Virginia Beach, no one could go in there without permission to the city to clear those trees, but there are remnant parcels and right of way that are owned by the city. Mr. Wall: Okay, so there's city and then there's some VDOT right of way? Mr. Tajan: VDOT portion is the portion that is adjacent to immediately a part of the off ramp for 264 which is the portion that they currently maintain that portion that's wooded now currently is a mixture of parcels and right of way that are owned by the city. Mr. Wall: Okay, so that's going to be maintained in perpetuity, generally, unless somehow, they had some kind of agreement with the city, or they went in illicitly and cleared that tree. So that's a buffer that's going to be maintained. I just want to point that out that they don't have the ability to declare that like they've done over to the right, where not only do they have the pond there, they have been between the property line and taping where they're clearing, and I just have to trust that that's, accurate that they have an agreement with VDOT and I've heard under my understanding that that's common that you can ask VDOT and they will allow you to maintain the right of way, and can anybody confirm that? Are there other businesses that do that do similar and it's been mentioned me. You have in writing that they don't have an agreement to maintain, but my point is that there's a fairly large buffer currently that's going to be maintained in between the parking lot and 264. Alright, so this is open to discussion, so does anybody have anything else? Mr. Redmond:Well, I'm certainly going to support the application. I don't think this is all that hard. If you take a building and you drop it in the middle of the parking lot, which they have up near the Jack Rabbit now, you're dropping that on top of what was, a parking asset and you're gonna have to have more parking. So now they've come up with a parking lot instead of the functional dealership, which was a matter of some concern. I can't figure out what is so unusual about parking lot, and an entranceway to the parking lot. I mean, they do have a buffer there, but the idea that there's going to be forever continuous buffer, you can't have a chopper into the parking lot. It's going to have to have access, and it seems to me simply from a site design process where they have that entrance located makes the most sense. I'll bet you the traffic count on Sentara Way is miniscule. That's why you don't have any data available on it is because they don't do counts that are that small, the traffic that's going to be going back there is going to be I think, very, very small. They answered the concerns that they could answer. They addressed the things that they could address. I mean, you know, with a lot of moving parts, mean,they move big parts around big parking lots and buildings and some of these other smaller items that have to do with things. I think they've gone a very, very long way to try and, come up with a satisfactory solution. I don't know how you can do it any better than that? Well, you should all float over here. You should I mean, you know, you can always come up with something. What do you want Chinese food, no I want Mexican, I don't want Mexican, I don't know, you can always come up with something else, but you know, I don't know how much more you can do than what they have done, and it's a lot. So it seems to me it's an appropriate solution to their need to expand is not unusual, it seems to me for a thriving business to auto expand. I don't know how else they can do it, then what they've proposed. As for the lighting, how in the world, it makes a difference where that flagpole is located. Whether you light it up, or you light it down, I just can't imagine. So that doesn't seem to me to be a whole lot of water, it's just doesn't hold a lot of water. It's up against the BMP, and 264 for crying out loud. So I mean, I think they've gone a long way, I certainly support the application, I hope others will too, and, you know, at the end of the day city is going to end up with 1.3 acres of open space and they wouldn't have had it. So I mean, you know, and it belongs to someone, it's not, this isn't city property, it's not a public resource. It's a private resource. You know, somebody owns that, and this company is buying it. So the notion that they're going to develop, you know, a small part of it and give the rest of it way strikes me as something that's rather positive, and you know, and not, you know, not negative, I've said too much, so thank you. Mr. Wall: Anybody else? Okay, I've got a couple of things. So I kind of concur. I mean, I think that there are a couple of thoughts here, and I think it's private property at this point, you know, there's a thought we need to preserve this way, I would love to do that. I mean we don't necessarily have that, as something we can, we yourselves can leverage that much. Then there's the reconfiguration in order to maximize the buffer and that's a possibility, but at the same time, you know, they have a certain amount of parking spaces that they need with this business, and you know, the calculations, you know, typically what they are in the customer's showroom, or show vehicles, and they have employees, and there's been much discussion about parking on Sentara Way, and that parking is now shifted into the parking lot, and it's probably a better thing to have it off, it's going to be less busy. Now employees will be parking in the parking lot, and generally hidden by the existing material landscaping, you know, that's there'll be parking against or wherever they put them in the parking lot, and then there's the compromise, this layout and the entrance and as much as I would love to say to either defer or to you recommend an additional condition to remove that entrance it just from a traffic flow, even it's not to drop off vehicles that it just makes no sense one way or the other to have an entrance there in order to access that that point. I mean I don't necessarily like it and I feel for the people that live there, but I know one way or the other if it's going to be super negative. Ideally there wouldn't be an entrance there, ideally there wouldn't be a parking lot there, but I don't know if that's going to be the case with this application or with this site. So, I am going to support it. Mr. Redmond: Mr. Chairman I move to approve the application. Ms. Oliver: I second it. Mr. Wall: We have a motion by Mr. Redmond and a second by Ms. Oliver. Madam Clerk: Vote is open. By recorded vote of 10 in favor, 0 against agenda #6 has been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 25, 1997, December 18, 2002, May 25, 2004, and November 12, 2013, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 4. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 5. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia," prepared by Lyall Design Architects, and dated July 15, 2002, provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 6. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 7. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word — Floor Plan — Prototype Exterior Renderings", dated March 24, 2022, prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 9. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. 10. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof, to match the buildings. 11. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 12. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three (3)foot tall berm shall remain and all other portion of the property along rights-of-way, including 1-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 13. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 14. The existing vegetations in the area labeled as "1.3 acre portion of GPIN 1487-42-8775 to be conveyed to City of Virginia Beach" on the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis —Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture shall remain and no construction shall occur in that area. 15. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Any freestanding sign shall be monument-style with foundation plantings installed as required by the Zoning Ordinance. 16. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 17. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 18. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 19. All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 20. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 21. The use of an outdoor amplified speaker or paging system shall be prohibited. 22. 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. 23. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 24. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 25. A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within 25 feet of a property line from Sentara Way shall be no taller than 14 feet in height and shall be retrofit with additional shields within 90 days of the date of City Council approval, and as required by the Zoning Ordinance. 26. Except for the two light fixtures that are directed upward on the flagpole that is located between the buildings and 1-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 27. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 28. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29. On-street employee parking shall be prohibited. 30. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Michael Hewitt<comet.gunbuyer@gmail.com> Sent:Sunday,July 10,2022 1:59 PM To: Planning Administration<PlanAdmn@vbgov.com> Subject:Sentara way 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. Please vote against Checkerd flag from paving and clearing the woods on sentara way.As this will likely impact the local environment ! Michael . Princess Anne Plaza resident From: Peter Berning<prberning@aol.com> Sent:Tuesday, May 10,2022 2:50 PM To: dweinercvbpc@icloud.com; dredmondvbpc@icloud.com; bfrankenfieldvbpc@icloud.com; gAlcarazVBPC@icloud.com; dBradleyVBPC@icloud.com;JCostonVBPC@icloud.com; HCuellarVBPC@icloud.com; dhorsleyvbpc@icloud.com; dolivervbpc@icloud.com Cc: Planning Administration <PlanAdmn@vbgov.com>; Michael Berlucchi<mberlucc@vbgov.com> Subject: Planning Commission -Checkered Flag Application CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. 104 Presidential Blvd. Virginia Beach,VA, 23452 09 May 2022 Planning Commission 2401 Courthouse Dr. Building 1 Virginia Beach,VA, 23456 Dear Commissioners: My neighbors and I have been working together and with Checkered Flag representatives to come to a solution toward the Winner's Properties, LLC proposal being heard at this week's Planning Commission Public Hearing (Agenda Item 3). While we generally do not oppose this Modification of Conditions, I have some concerns with the long list of conditions included in the application. Many of the conditions are redundant and some of them conflict. The current format creates confusion for the owner/operators and for residents. It is difficult to tell if the owner is in compliance or not and when we may have to reach out to the city for assistance. I propose that the Planning Commission recommend rescinding all the current conditions and then propose an updated consolidated list of conditions. Below is a list that I think captures all the relevant current and past conditions while removing redundant and irrelevant ones. This will reduce the list from forty-eight conditions down to nineteen. Recommended Conditions 1. When the property is redeveloped, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach,Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The proposed access on Hyundai World Way shall meet the Public Works Design Standards Manual. 2. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval.The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis—Virginia Beach,Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Landscape plantings shall be maintained for the duration of the use and shall be subject to the review and approval of the Development and Service Center. 3. In addition to the landscaping shown on the submitted plan, a meandering berm with a height of at least three (3)feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. All landscaping plantings shall be maintained. 4. No trees or vegetation may be removed by the applicant from the City and/or State land located between the subject site and 1-264,the Third Street right-of-way, or within the sixty-six (66)foot buffer along Spruce Street without written permission from the City and/or State. 5. Full landscaping shall be installed and maintained at the base of the monument style sign on Rosemont Road. 6. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 7. Except for decorative flags, pennants, streamers, and the like that may be affixed or secured upon vehicles being located at least ten feet (10')from the property line adjacent to Sentara Way,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.There shall be no signs which are painted, pasted, or attached to the utility poles, trees, or fences, or in an unauthorized manner to walls or other signs.There shall be no electronic display signs on the site, and any portable or nonstructural signs shall be less than ten feet (10') in height and located at least ten feet (10')from the property line adjacent to Sentara Way. 8. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 9. All light fixtures on the site that are within twenty-five (25)feet of Sentara Way shall be no taller than fourteen (14)feet in height and all outdoor light fixtures shall be shielded to contain lighting and glare on site. All lighting shall be directed away from nearby properties to the west and south of the property. (Note 1) 10. Flagpoles shall incorporate down-lighting in lieu of up-lighting. Only one set of flags representing the dealership or car manufacturer will be permitted on the site. 11. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 12. The use of an outdoor amplified speaker system shall be prohibited. 13. There shall be no storage within sight of a public right-of-way of tires, merchandise, or debris of any kind outside of the buildings. 14. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 15. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. 16. No vehicle display shall be located between the existing storm water management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in the easements shall be submitted to the Planning Director for review and approval. 17. All vehicles for sale or rental shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot with the exception of the two concrete pads previously approved by the City. 18. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 19. All repair, service, maintenance, cleaning, and washing will be conducted inside the service center. Bay doors on the service center shall be closed while work is being conducted except for entering and exiting. Notes 1. The light fixtures throughout the property are installed above the fourteen (14)foot height limit set forth in the Virginia Beach City Code. The glare (the direct view into the bulb/chip of the light fixture)from these lights shine directly into the adjacent neighborhood to the south. If these fixtures are not brought into compliance with regard to their height,then they should be properly shielded to prevent glare. Shielding the light fixtures will not reduce the lighting levels on the property (important for merchandise visibility)and will only reduce the light levels that leave the dealership's property. If shielding only those lights that are close to Sentara Way brings them into compliance,then that will of course work. Additionally, it appears the owner is in violation of a number of existing conditions. Any approval from the Planning Commission should stipulate that the property be in full compliance prior to this proposal going before the City Council. Thank you for taking the time to read this letter and I greatly appreciate your service to our city and its residents. Sincerely, Peter R. Berning 757-409-5784 Hoa N. Dao From: Peter Berning <prberning@aol.com> Sent: Thursday, May 26, 2022 8:30 PM To: JCostonVBPC@icloud.com Cc: Kyle D. Korte; Hoa N. Dao; Michael Berlucchi; Robyn Klein;jwallvbpc@icloud.com; Planning Administration; Fran Sansone; ClintonE MillsJr Subject: Checkered Flag CUP Compliance Attachments: Checkered Flag CUP Non-Complicance Details.pdf Follow Up Flag: Follow up Flag Status: Completed 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. Commissioner Coston, During the most recent Planning Commission meeting on May 11, I spoke about the Modification of Conditions for Winners Properties LLC(Checkered Flag) application concerning a new car dealership building to be built on an existing dealership lot on Sentara Way. You asked me a question concerning which existing conditions for which the applicant was not in compliance. I mentioned a couple, but I don't think I provided a complete answer to your important question. Below(and attached with photos) is a detailed list of conditions currently in place for this property with which I think the owner/applicant is not currently in compliance. You'll notice that many of these conditions date back nearly 25 years and have not been enforced during each subsequent application process or at any time in between applications. I ask that during the next Planning Commission meeting these pre-existing conditions be required to be met by the applicant before the Commission or Council consider or approve the applicant's latest request and that a statement be added to the staff report stating the applicant is in full compliance or must be in full compliance within an agreed to time frame. It only makes sense that any applicant be in full compliance with previous conditions before being granted another conditional use permit. To be clear, I am in support of the applicant's plan to locate the new dealership building between their current building and the Jack Rabbit Storage property and want them to be allowed to proceed with their plans. The applicant has made many improvements and is working well with residents to be more neighborly while expanding their business. The remaining issue lies with the city's lack of enforcement of existing conditions, confusing lists of conditions, and incomplete staff work that is adding unnecessary delays to the applicant's request. Thank you for your service to our city and attention to this matter. Very respectfully, Peter Berning 757-409-5784 Note: I have cc'd Councilmember Berlucchi, Commissioners Wall and Klein, Planning Manager Hoa,the Planning Admin email address, Mr. Korte (representing the applicant), and members of the Princess Anne Plaza Civic League. Below is a list of conditions approved by the Virginia Beach City Council on February 25, 1997, December 18, 2002, and November 12, 2013,for the property located at 3700 Sentara Way for which I think the current owner/operator is not in compliance. I hope this provides a more thorough answer to your important question asked of me during the Planning Commission meeting on May 11, 2022. February 25, 1997— 1. Condition—"No outdoor paging or speaker systems are permitted." a. An alarm system with outdoor speakers that transmits a recorded voice is installed on the property (Fig. 1). b. Use of this system has been halted in the past few months after complaints by the residents across from Sentara Way. c. The voice alarm was frequently heard after hours and apparently triggered by motion detectors being set off by small animals or other movement. 2. Condition—"a meandering berm with a height of at least three (3)feet at the peaks is required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way." a. The berm along Sentara Way is incomplete and does not meander. There are some breaks/undulations. b. The berm does not extend along the entire length of Sentara Way frontage and ends approximately 100ft of the eastern end of the property(Fig. 2). c. There are no flowerbeds installed or maintained in the landscaping along Sentara Way. 3. Condition—"The sign shall be monument style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department." a. There is only grass surrounding the base of the sign installed on Rosemont Rd. b. Full landscaping shall include combinations of grass, ground cover, and low shrubs that shall be placed in a defined planting area that is a minimum of six feet in width and a minimum of seventy-five (75)square feet of planted area shall be provided around any freestanding sign and the sign shall display the street number of the property upon which the sign is located (Fig. 3). 4. Condition—"No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the Expressway, or from the Third Street right of way." a. Checkered Flag has admitted to removing trees and vegetation in these areas. Some with permission of VDOT. b. Fresh stumps (well within the past 25 years) are visible in these areas. c. Recently felled trees are visible in 2019 Google Maps Street View (Fig. 4). d. A series of Google Map Street View over many years shows that trees on both side of the exit ramp are being cut down and thinned, providing greater visibility for the dealership. Figure 5 shows only two years of removal/thinning. (Fig. 5). 5. Condition—"All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way." a. Lighting is not directed away from the residentially zoned property located to the south across Sentara Way(Fig. 6). 2 b. Since this property includes automobile repair facilities, all outdoor lighting "shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected,shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet." (Zoning Ordinance Section 224—Automobile repair garages). i. None of the lighting is deflected, shaded, or focused away from other properties. ii. All light fixtures are above the fourteen (14)foot height restriction and were installed after 2018 (i.e.,grandfathering does not apply). December 18,2002— 1. Condition—"Street frontage landscaping, in accordance with the Site Plan Ordinance, Section 5A, shall be installed along the northern property line adjacent to Interstate 264." a. There is no street frontage landscaping installed along the northern property line adjacent to 1-264. b. Along this frontage there is only a chain link fence, weeds, and previously existing trees (many of them have been removed and/or thinned) (Figs. 4& 5). c. Street Frontage Requirements -consists of a planting area, made up of trees and shrubs, located between the abutting edge of the sidewalk and display area curb line, or where there is no sidewalk, between the right-of-way line and the display area curb line. 2. Condition—"The Landscape Plan shall be revised prior to site plan review to indicate upgrade of the berms adjacent to Sentara Way." a. Berms adjacent to Sentara Way have not been upgraded and remain incomplete. November 12, 2013— 1. Condition—"Flagpoles shall incorporate down-lighting in lieu of up-lighting. Only one set of flags representing the dealership or car manufacturer will be permitted on the site." a. Flagpole and attached hanging sign (i.e.,flag) are lighted with "up-lighting"from light fixtures aimed upward and installed on the top of light poles. b. Signage exceeds sign height restrictions as their hanging sign projects higher than the roofline of the buildings on the property. 2. Condition—"No outdoor paging or speaker systems are permitted." a. A repeat of condition set in 1997. Redundant. 3. Condition—"a meandering berm with a height of at least three (3)feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way." a. A repeat of condition set in 1997. Redundant. 4. Condition—"No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State." a. Added "written permission" required before removal of trees or vegetation. b. It is unknown whether written permission has been received by City and/or State prior to removal of trees along exit ramp frontage. c. Checkered Flag states they have had an agreement with VDOT"for a few years"to remove/replace trees. 5. Condition—"All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara." a. A repeat of condition set in 1997. Redundant. 3 May 26, 2022 Dear Commissioner Coston, Below is a list of conditions approved by the Virginia Beach City Council on February 25, 1997, December 18, 2002, and November 12, 2013,for the property located at 3700 Sentara Way for which I think the current owner/operator is not in compliance. I hope this provides a more thorough answer to your important question asked of me during the Planning Commission meeting on May 11, 2022. February 25, 1997— 1. Condition—"No outdoor paging or speaker systems are permitted." a. An alarm system with outdoor speakers that transmits a recorded voice is installed on the property (Fig. 1). b. Use of this system has been halted in the past few months after complaints by the residents across from Sentara Way. c. The voice alarm was frequently heard after hours and apparently triggered by motion detectors being set off by small animals or • other movement. • 2. Condition—"a meandering berm with a height of at least three (3)feet at the peaks is required along the Sentara Way frontage. Flowerbeds,satisfactory to the Planning Director, must be incorporated ,. into the landscaping along Sentara Way." a. The berm along Sentara Way is Figure 1 Outdoor Speaker incomplete and does not meander. There are some breaks/undulations. b. The berm does not extend along the entire length of Sentara Way frontage and ends approximately 100ft of the eastern end of the property (Fig. 2). c. There are no flowerbeds installed or maintained in the landscaping along Sentara Way. -ter .. .¢ `• _ to Jr .{ 1 1p • 1 4 rS • - 1,0A Mk%7 igft it. F. Figure 2-Approx. 100ft of frontage without berm 3. Condition-"The sign shall be monument style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department." a. There is only grass surrounding the base of the sign installed on Rosemont Rd. b. Full landscaping shall include combinations of grass,ground cover, and low shrubs that shall be placed in a defined planting area that is a minimum of six feet in width and a minimum of seventy-five •!l •_'. (75)square feet of planted area shall Go,* be provided around any freestanding .rL7`1 ''- sign and the sign shall display the v. ; , a street number of the property upon _ 4; which the sign is located (Fig. 3). Figure 3-Sign missing landscaping and street number 4. Condition-"No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the Expressway, or from the Third Street right of way. a. Checkered Flag has admitted to removing trees and vegetation in these areas. Some with permission of VDOT. b. Fresh stumps (well within the past 25 years)are visible in these areas. c. Recently felled trees are visible in 2019 VAIN"! Google Maps Stree View (Fig.4). ! - 1• ...,..,., ., d. A series of Google Map Street View over many years shows that trees on both side of the exit ramp Figure 4-Recently Felled Trees(Google Street View-May 2019) are being cut down and thinned, providing greater visibility for the dealership. Figure 5 shows only two years of removal/thinning. (Fig. 5). sr P 4‘ ilil - -14,..'"4- - p4_ _ - ,.:._ 4 .r • Figure 5-Thinning and removal of trees along exit ramp 2018-2019. 5. Condition-"All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way." a. Lighting is not directed away from the residentially zoned property located to the south across Sentara Way (Fig. 6). b. Since this property includes automobile repair facilities, all outdoor lighting"shall be shielded to direct light and �, -.ar - '" - glare onto the premises, said 1,. ►,. 6.(01!.. . .. T lighting and glare shall be - Nil - ._ -- 44 deflected, shaded, and focused ?," r-r - `_^', _• — _{ away from all adjoining . -- property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet." (Zoning Ordinance Figure 6-Glare visible at sidewalk on south side of Sentara Way Section 224-Automobile repair garages). i. None of the lighting is deflected,shaded, or focused away from other properties. ii. All light fixtures are above the fourteen (14) foot height restriction and were installed after 2018 (i.e., grandfathering does not apply). December 18, 2002— 1. Condition—"Street frontage landscaping, in accordance with the Site Plan Ordinance, Section 5A, shall be installed along the northern property line adjacent to Interstate 264." a. There is no street frontage landscaping installed along the northern property line adjacent to 1-264. b. Along this frontage there is only a chain link fence,weeds, and previously existing trees (many of them have been removed and/or thinned) (Figs. 4 & 5). c. Street Frontage Requirements-consists of a planting area, made up of trees and shrubs, located between the abutting edge of the sidewalk and display area curb line, or where there is no sidewalk, between the right-of-way line and the display area curb line. 2. Condition—"The Landscape Plan shall be revised prior to site plan review to indicate upgrade of the berms adjacent to Sentara Way." a. Berms adjacent to Sentara Way have not been upgraded and remain incomplete. November 12, 2013— 1. Condition—"Flagpoles shall incorporate down-lighting in lieu of up-lighting. Only one set of flags representing the dealership or car manufacturer will be permitted on the site." a. Flagpole and attached hanging sign (i.e.,flag) are lighted with "up-lighting" from light fixtures aimed upward and installed on the top of light poles. b. Signage exceeds sign height restrictions as their hanging sign projects higher than the roofline of the buildings on the property. 2. Condition—"No outdoor paging or speaker systems are permitted." a. A repeat of condition set in 1997. Redundant. 3. Condition—"a meandering berm with a height of at least three (3)feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way." a. A repeat of condition set in 1997. Redundant. 4. Condition—"No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State." a. Added "written permission" required before removal of trees or vegetation. b. It is unknown whether written permission has been received by City and/or State prior to removal of trees along exit ramp frontage. c. Checkered Flag states they have had an agreement with VDOT"for a few years"to remove/replace trees. 5. Condition—"All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara." a. A repeat of condition set in 1997. Redundant. CONCEPTUAL SITE LAYOUT PLAN OF _____ .,Nis Mew t,7.40 AC • GHEGKERE FLAG GENESIS 1.7•2411175 �87•�2-0773 '. VIRGINIA BEACH, VIRGINIA _'` '°'~"'r =f " ` � �-' w ••ate• ._. Q I VAC.141640.49 FOR • rAR1tW0 RCOURICO .• �. - S tf -7-��.�._ ._ .MKGWO Y •M1.! r t S M••:�.-.17 _ -" �I ' h.Ot1./ M...CA, 4 :II•rPT. TOT..R 'IJ JM L0nRt7 7 V.,. ^ 1. ... : .,_ ..,...r �4 rRO.D![D OG ... TOTAL/ROV.7m II MALH f 1 `.. 104 DIN,ARC. 206 MKM 12999T91, ' - • i' '. ! .. ro by(,,,dy§4 1 .1yw, q;. ' `.R• • !r•�1 R, r0TK 161.+A141.1 APT'', .,'.: ] 4DW4',. f Y�1•v r•r r r.. 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S <t; /..J _i, .-z",.„,.., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WITCHDUCK REAL PROPERTY, INC [Applicant & Property Owner] Conditional Change of Zoning (1-2 Heavy Industrial to Conditional A-36 Apartment District) for the property located at 122 Mac Street (GPIN 1467837448). COUNCIL DISTRICT 4, formerly Bayside MEETING DATE: August 16, 2022 • Background: For decades this 12.26-acre property, located within the Pembroke Strategic Growth Area (SGA), has been used for heavy industrial activities consisting of warehousing, scrap materials stockpiling, bulk storage, and a recycling center. Initially, City Council approved a Conditional Use Permit for a recycling center in 1991 and a Conditional Use Permit was approved in 1994 to add storage and processing of salvage, scrap or junk materials. A modification of the 1994 Conditional Use Permit was granted in an attempt to resolve the issues through more clearly defined conditions that addressed where storage and activity on the site occurs and how the storage and outside activity was screened. Since 2019, City Staff have been working with the property owner to rectify on-going violations on the property. This recent application proposes to remove all industrial uses on the site and redevelop the property with a multi-family apartment complex. Specifically, the property owner has submitted a rezoning application from 1-2 Heavy Industrial District to Conditional A-36 Apartment District for the redevelopment of the property with up to 438 multi-family apartment units. The applicant envisions this development to provide a "quality, high profile development that does not yield options for affordable or workforce housing opportunities". Based on this statement, it is understood that the apartments will be offered at market-rates. The submitted proffered conceptual site plan depicts six multi-family buildings, five buildings proposed as five stories in height and one building proposed as one level of podium parking with five stories above (six stories total) and amenities that include a clubhouse and outdoor facilities common in present-day apartment complexes. The plan also depicts 792 parking spaces, exceeding the parking requirement by 13 spaces. To address stormwater on-site, the applicant is proposing a combination of underground facilities and the purchase of nutrient credits. Witchduck Real Property, Inc Page 2 of 3 ■ Considerations: In Staff's view and the Planning Commission concurred, that the proposal complies with the intent of the Pembroke Strategic Growth Area plan. The proposal is reflective of the vision of an urban-style of development with open space features, pedestrian orientation of structures and walkability to other desirable locations and amenities in the vicinity, high quality design and attractive building materials, and attractive landscaping features. Despite this, the applicant was unable to provide a Traffic Impact Study prior to the publishing of the Staff report nor ahead of the Planning Commission public hearing. Instead, the applicant has provided a proffer that indicates that the Traffic Impact Study will be submitted prior to site plan submittal with contents deemed acceptable by the Department of Public Works and that all necessary improvements will be installed prior to issuance of a Certificate of Occupancy, with improvements to include any necessary on-site right-of-way dedications, any on-site turn lanes, required signal system retiming, and any off-site improvements within the existing City right-of-way. This study would provide the important analysis on how this proposed 438 unit multi-family development will impact recent multi-million dollar City investment for right-of-way improvements to intersections, signalization, and associated roadway infrastructure in the surrounding Witchduck Road corridor. A Phase 1 Environmental Site Assessment (ESA) was provided revealing no evidence of Recognized Environmental Conditions (RECs) or Historical Recognized Environmental Conditions on the property. Due to the continuous heavy industrial-type uses for several decades, site visits conducted by Staff, Staff's historical knowledge of the site, as well as a note provided in the Phase I ESA which states "The Conclusions and Recommendations are based on a limited review of the site and cannot provide complete assurance that all liabilities were detected. The Conclusions and Recommendations do not reflect variations in site conditions not visually apparent or which could exist intermediate of the sample locations," Staff requested that a Phase 2 ESA be provided. A proffer has been provided by the applicant whereby the Phase 2 ESA will be provided prior to release of the final site plan and that any remediation required will be completed prior to the release of any building permits. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. 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 July 13, 2022, the Planning Commission passed a motion to recommend this item for approval on the Consent Agenda, passing a motion by a recorded vote of 10-0. Witchduck Real Property, Inc Page 3of3 ■ 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 f"7/' City Manager: ��� Applicant& Property Owner Witchduck Real Property, Inc Agenda Item Planning Commission Public Hearing July 13, 2022 City Council District District 4,formerly Bayside 12 City uf Virginia Beach Request Conditional Rezoning (1-2 Heavy Industrial District to Conditional A-36 Apartment District) v J i Jeanne Street - Staff Recommendation I'7-/j / ' I � ` ba,; Approval �'`a"e A. 4:, . ......... 4) .--. -NL. Staff Planner s o� t eveland St Marchelle Coleman I - "\...�Sauoin-Boul«al ood Location '� : Viii 122 Mac Street a t:' GPIN 1467837448 &II *C:r <14\ .. �6a Site Size C,bineAvenue 12.26 acres , , `Road ` AICUZ '. ;VWers ' '#VeliAltiki\ \ Less than 65dBDNL 4 \___0,eRo' +T� Watershed Chesapeake Bay Existing Land Use and Zoning District - a . "dif1.1, _ _- Industrial warehouse, scrap materials stockpile /1-2 Heavy Industrial - • .. a:. __ "-- Surrounding Land Uses and Zoning Districts" ;T ' North ,f r tr , Southern Boulevard - -#-� � y>:r � ` + f�,. a,--- - " ,, ' Office warehouse, warehouse, auto repair, 7 N' , ` 1 c".- �'3' Housing Resource Center/ I-1 Light Industrial, _ +- �" N �,�; B-4 Mixed Use _�, . , , �� ' . .�0—. f \ • South 3. \f•I•s'‘ . Mac Street, 1-264 - _ - V > , • Bulk storage,tow yard/I-1 Light Industrial , s �f Q .w._ East ," - '-- 'I- • Asphalt plant/1-2 Heavy Industrial • g '` M West d,,, <. ti Office warehouse, bulk storage/I-1 Light Industrial Witchduck Real Property, Inc Agenda Item 12 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone a 12.26-acre parcel from 1-2 Heavy Industrial District to Conditional A-36 Apartment District to redevelop the property with a 438-unit multi-family residential community,with a resulting density of 35.72 units per acre. • The 12.26-acre property is located within the Pembroke Strategic Growth Area (SGA) and is currently being utilized for heavy industrial activity with multiple uses consisting of an industrial warehouse, scrap materials stockpile, bulk storage, and a recycling center. While the site is located in the Pembroke SGA,the site has been used for industrial uses for decades. • In 1991, City Council granted a Conditional Use Permit for a recycling center and a Conditional Use Permit for the storage and processing of salvage,scrap or junk materials in 1994. Since the granting of the Conditional Use Permit in 1994,there have been multiple code enforcement issues with the property. In response to the possible revocation of the Conditional Use Permit,the applicant requested a modification of the Conditional Use Permit in an attempt to resolve the issues through more clearly defined conditions.The Modification of Conditions application was designed to ensure compatibility of the use with the uses in the surrounding area,to ensure consistency of the use with City plans and policies, and to bring the site and the building into consistency with applicable site and building codes. • On May 3, 2019, a Notice of Violation was issued to the property owner outlining the violations of several of the conditions of the modification request including scrap vehicles, salvage,scrap junk, recycle materials and tractor- trailer container units being located outside the west, south, and east side of the building without adhering to the timeframe of during normal business hours and/or the materials being removed by the end of business day, temporary storage of motor vehicles were found outside of the enclosed area as depicted on the site plan, crushing of materials occurring outside in the areas that were prohibited, materials exceeding the height limitation and not being stored in an area enclosed with an opaque screen within the courtyard, storage of tires were not stored within the opaque wall enclosure consistent with applicable City, State, Federal Codes, landscaping and screening was not installed as required, and the overhead garage door on the southern end of the recycling facility was not kept closed during operation, as conditioned. • On March 10, 2022,Staff inspected the site for compliance with the Modification of Conditions approved on December 6, 2001. Staff observed similar violations, as mentioned above. As evident in the site photos on pages 14 and 15 of this report,several of those violations have still not been resolved as there are large stockpiles of construction debris and scrap material, scraped vehicles, and unscreened stored materials currently on the site, which continues the violation, as the applicant is not able to maintain an orderly site. According to the applicant, the site is in the process of being cleaned up. • As mentioned previously,the applicant is now seeking to redevelop the site with a multi-family residential community. The proposed proffered Conceptual Site Plan depicts six multi-family buildings,five buildings proposed as five stories in height and one building proposed with one level of podium parking with five stories above. Of the 438 apartment units, 34%will likely be one-bedroom units totaling 151 apartments, 43%will likely be two-bedroom units totaling 187 apartments, and 23%will likely be three-bedroom units totaling 100 apartments. • The development has an extensive amenity package to include an outdoor swimming pool, clubhouse, dog park,tot lot, walking trials, a corner urban plaza open space area on the northeast corner of Southern Boulevard and Mac Street, and a pedestrian connection to the future publicly accessible Virginia Beach Trail and surrounding sidewalks. • To address stormwater on-site,the applicant is proposing a combination of on-site underground facilities and the purchase of nutrient credits specific to meeting water quality and quantity requirements. Witchduck Real Property, Inc Agenda Item 12 Page 2 • The proposed development requires 779 parking spaces. The Conceptual Site Plan depicts 792 parking spaces, exceeding the parking requirement by 13 spaces. The parking plan includes 634 surface parking spaces, 92 garage spaces, and 66 podium garage spaces. In addition, 20 covered bicycle spaces will be provided, as required by the Zoning Ordinance. • The proffered building elevations, as depicted on pages 12 and 13 of this report, reflect an urban building style with exterior building materials consisting of fiber cement horizontal wood grain siding, cedar mill Nardi panel accents, CMU block and split face block materials,and variations of brick and stucco. • The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features,stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each guideline is provided below in the Evaluation section of this report. • As shown on proffered Conceptual Landscape Plan, streetscape plantings along Southern Boulevard and Mac Street, interior parking, and building foundation plantings are depicted as required per the Zoning Ordinance.The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements to ensure compliance with the Zoning Ordinance will occur during final site plan review. • A Traffic Impact Study (TIS)was requested but has not been submitted for review. In lieu of this, a proffer has been provided by the applicant that indicates that the TIS shall be submitted prior to site plan submittal with contents subject to acceptance by the Department of Public Works and all necessary improvements to be installed as a result of the rezoning done prior to issuance of a Certificate of Occupancy. Improvements may include but are not limited to on-site right-of-way dedications, on-site turn lane improvements, required signal system retiming, and off-site improvements within the existing City right-of-way. • A Phase I Environmental Site Assessment (ESA) was provided by TTC Corporation, dated August 24, 2021. The Phase I Environmental Site Assessment revealed that there are no current or pending environmental enforcement activities on the property,as well as no evidence of Recognized Environmental Conditions (REC) or Historical Recognized Environmental Conditions on this property. Due to the continuous heavy industrial-type uses for several decades, site visits conducted by Staff, Staff's historical knowledge of the site, as well as a note provided in the Phase I ESA which states "The Conclusions and Recommendations are based on a limited review of the site and cannot provide complete assurance that all liabilities were detected. The Conclusions and Recommendations do not reflect variations in site conditions not visually apparent or which could exist intermediate of the sample locations," Staff requested that a Phase 2 ESA be provided. To address this recommendation, a proffer has been provided by the applicant whereby the Phase 2 ESA will be provided prior to release of the final site plan and that any remediation required will be completed and written confirmation provided to the Department of Planning& Community Development, prior to the release of any building permits. Witchduck Real Property, Inc Agenda Item 12 Page 3 ICI LLE�� ��� \bt Zoning History 'Jr ��� r fpgiri115541.1 y Ei ( - � C # Request ark�,,,,,,.. _ �` : i _ 1 MDC(Storage and processing of salvage, scrap or junk) ;,� Approved 04/10/2001 �j_--1 -- 1:...�, CUP(Storage and processing of salvage, scrap or junk) I, jJ - �� Sifl � — Approved 12/06/1994 e2 (( _'Ll // o �� 2 CRZ 1-1 to Conditional B-4 Approved 09 15 2015 ''N ' A �' 0 �� --a CUP(Single-Room Occupancy Facility)Approved � � - °Ni° 09 15 2015 t %//j�,/' 11 ',y`A., ll1 ••//, �. , 3 CUP(Bulk Storage Yard)Approved 09/11/2012 i. �\ ,/� -� 4 CUP(Automobile Repair Garage)Approved 05/01/2018 I ,, ` „ .. 5 CUP(Church)Approved 04/13/2010 `� 6 CUP(Automotive Repair Garage&Transmission Shop) R10 R g2 1 �. ,fir ' - 0 ,�e c Approved 06/26/2012 7 CUP(I-1 to Conditional A-36)Approved 11/15/2016 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 to conditionally rezone this 12.26-acre parcel from 1-2 Heavy Industrial District to Conditional A-36 Apartment District for the construction of up to 438 multi-family dwelling units is acceptable as it complies with the intent of the Pembroke SGA Plan. The proposed request for a multi-family development embodies the envisioned characteristics of the Strategic Growth Areas (SGAs) and properly integrates the development guidelines for multi-family residential development stipulated in the Pembroke SGA Plan and the Comprehensive Plan's Special Area Development Guidelines for Urban Areas by adapting to a more urban style of development.The redevelopment of this site will provide open space features, as there will be walking trails and active recreational greenspace surrounding the facilities for residents to enjoy. Pedestrians have been considered in the development of this site, as the buildings are pulled closer to the street with the parking behind and on the side of the buildings, as to not dominate the views along Southern Boulevard and the majority of Mac Street. With this redevelopment, pedestrians are able to walk easily to and from other businesses, streets, bus stops and sidewalks. As mentioned previously,the buildings are urban in design utilizing high quality and attractive materials. Lastly,the landscaping proposed on site offers an attractive and welcoming development with street frontage, interior parking lot, and building foundation plantings throughout. The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each Guideline is provided below. In synopsis,the applicant submitted a Conceptual Site Layout and Landscaping Plan that integrates the design characteristics identified in both the Pembroke SGA plan and the Special Area Development Guidelines for Urban Areas. Setbacks and Building Location—This Guideline recommends buildings be located close to the street to make it more pedestrian friendly with off-street parking behind or beside buildings. Consistent with the Guidelines,the buildings are placed close to the street and off-street parking is located, under, on the side and behind the buildings, which helps to reinforce pedestrian circulation and allows pedestrians to walk along the building rather than along or across the parking lot. Street frontage plantings will be installed to provide an attractive screening along the right-of-way. Witchduck Real Property, Inc Agenda Item 12 Page 4 Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. The site layout for this project is designed to allow pedestrians to easily enter and exit the site using sidewalks and walking trails that provide connectivity to the proposed greenspace urban plaza and sufficient safe non-vehicular access to the future Virginia Beach Trail. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off- street parking areas should be located on the side and behind buildings and should create an internal circulation network that minimizes or eliminates curb cuts. To address this Guideline,the parking areas, as depicted on the Conceptual Site Plan, are located, in some cases, under the building, behind and on the side of the proposed buildings.The two curb cuts proposed will ultimately provide a safe ingress and egress for residents and guests. The Guidelines call for bicycle rack parking to be encouraged inside parking structures. All bicycle racks will be located within the buildings and are covered. Landscaping—This Guideline emphasizes that the need for quality landscaping is essential to the built urban environment. The importance of street trees and planters should be recognized and planned into the design. As depicted on the Conceptual Landscape Plan, streetscape plantings along Southern Boulevard and Mac Street include Evergreen trees and evergreen shrubs. In addition, interior parking and building foundation plantings are proposed. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. There are no known natural features on this site that are proposed to be protected. Stormwater Management as Landscaping Features—This Guideline encourages whenever possible,stormwater retention and detention systems be designed as open space or landscape amenities. In this instance,the applicant is proposing a combination of on-site underground facilities. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare. Lighting for pedestrians should be provided using indirect illumination from the building. The proposed site is deemed to be consistent with the lighting Guideline, as lighting is proposed to reduce glare and trespass in the internal parking lot areas, around buildings, and will prevent spillover onto adjacent properties. Signs—As indicated in this Guideline, signs should primarily serve to identify the name and street number.The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. A proffer has been provided that indicates that all signage on site, including the proposed freestanding sign,will meet the requirements of the City of Virginia Beach Zoning Ordinance. Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. No outdoor art is planned for this project at this time. Information provided by the Virginia Beach City Public School Staff indicates that the proposed development is within the threshold for increases in student population. Only the elementary school data indicates a student population above capacity; however,the overage is within the acceptable utilization range of greater or less than 10%of optimum capacity. Based on this,the redevelopment proposal is not expected to negatively impact current student enrollment. Given the location of this property near transit service and its close proximity to employment opportunities in this area, Staff recommended to the applicant that a percentage of the apartment units be available at a mix of income levels. However, the applicant envisions this development to be a "quality, high profile development that does not yield options for affordable or workforce housing opportunities." Witchduck Real Property, Inc Agenda Item 12 Page 5 This site is located in the Chesapeake Bay Watershed;therefore, a preliminary stormwater analysis is not required prior to this item being reviewed by Planning Commission and City Council. As indicated previously,the applicant proposes to provide a combination of on-site underground facilities and nutrient credit purchases, as needed, to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. While a Traffic Impact Study (TIS) has not been submitted, the applicant has provided a proffer(Proffer 5)which states that the TIS will be submitted prior to site plan submittal and that the Grantor shall, if necessary, adjust or modify the site plan to include any necessary on-site right-of-way dedications and/or on-site turn lane improvements, as well as, if necessary, complete required signal system retiming and other off-site improvements within the existing City right-of- way prior to the issuance of the first certificate of occupancy for the project. At this time, Staff is unable to provide any analysis on how this proposed 438-unit multi-family development will impact traffic and associated roadway infrastructure in the surrounding corridor but is recommending approval subject to the review of the TIS, once it is submitted and subject to Public Works acceptance of the TIS' contents and recommendations. The TIS is a vital part of the review process and is required, as stated in the Public Works Standards and Comprehensive Plan, when a project will generate over 150 new peak hour trips. In this case,this 438-unit multi-family development is projected to generate around 300 PM peak hour trips. Specifically,the City of Virginia Beach has made a multi-million dollar investment for right-of-way improvements to the Witchduck Road, Southern Boulevard, and Cleveland Street roadway network,which could be impacted. Staff believes that the proffer provided by the applicant will ensure that there will be no negative impacts to these improvements and that any impacts can be addressed by the applicant as part of the redevelopment of this site. As noted above,the applicant has agreed to provide the TIS prior to site plan submittal and indicates that they will modify as necessary the conceptual site plan included with this application to address all needed on-site right-of-way dedications, on-site turn lane improvements, required signal system retiming and off-site improvements within the existing City right-of-way prior the issuance of a Certificate of Occupancy,therefore, Staff recommends approval of the request. 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 in substantial conformity with the conceptual site plan entitled "Breeden Investment Properties, Inc. Architectural Site Plan—Scheme 05, 122 MAC ST, Virginia Beach,VA", prepared by Humphreys & Partners Architects, L.P. dated May 17, 2022 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). Proffer 2: The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled "Breeden Investment Properties, Inc. Elevations—122 MAC. ST,Virginia Beach, VA", dated April 11, 2022, prepared by Humphreys & Partners Architects, L.P., which have been exhibited to City Council and are on file with the Planning Department. Witchduck Real Property, Inc Agenda Item 12 Page 6 Proffer 3: The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan 122 MAC ST. APARTMENTS City of Virginia Beach,Virginia" prepared by AES Consulting Engineers dated May 9, 2022, which has been exhibited to City Council and is on file with the Planning Department. Proffer 4: GRANTOR will obtain a phase II environmental site assessment prepared in accordance with ASTM E1903-19 and will provide a copy to the Planning Department prior to site plan approval. If the phase II environmental site assessment recommends contamination remediation, upon completion of the recommended remediation,the GRANTOR will provide the Planning Department with either a copy of a "no further action" letter from the Virginia Department of Environmental Quality ("VDEQ"),or if no such letter or other form of written confirmation is available from VDEQ, an opinion by a licensed engineer confirming that the recommended contamination remediation has been completed, prior to the release of any building permits. Proffer 5: GRANTOR will submit a Traffic Impact Study ("TIS")to the Traffic Engineer for the Department of Public Works prior to site plan submittal. Based upon the results of the Traffic Engineer's analysis of the TIS, GRANTOR shall, if necessary, adjust or modify its site plan to include any necessary on-site right of way dedications and/or on-site turn lane improvements. In addition, if required by the TIS, GRANTOR shall complete signal system retiming and/or other off-site improvements within existing City right of way, prior to the issuance of the first certificate of occupancy for this project. Proffer 6: There shall be no more than four hundred thirty-eight (438) multi-family dwelling units on the Property. Proffer 7: The freestanding community identification sign shall be located at the main entrance to the Property off of Mac Street in approximately the location depicted on the Conceptual Site Plan; however, the orientation will be determined prior to sign package submittal. Proffer 8: All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 9: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. 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 site is located in an area of the Pembroke Strategic Growth Area referred to as the Central Village District. This district is envisioned by the Pembroke SGA Plan as an eclectic, mid to low-rise commercial and urban-residential area. More specifically a maximum building height of thirty to fifty feet is recommended (pp. 58). Due to the planned high residential density, a great deal of gathering places and open space will be required. The SGA Plan specifically calls out pocket parks and urban plazas as being appropriate in the Central Village District and recommends that twenty percent of the developed area be green space and thirty percent be open space (these spaces may overlap) (pp. 58).To achieve this, on page 54,the Plan recommends incorporating recreational activities as a secondary use of green infrastructure improvements. Witchduck Real Property, Inc Agenda Item 12 Page 7 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources on the property. Public Utility Impacts Water The site currently connects to City water. There is an existing eight-inch and 12-inch city water main along Mac Street. There is also an existing 42-inch City transmission water main along Southern Boulevard. Sewer The site currently connects to a City sanitary sewer manhole along Southern Boulevard. There is an existing eight-inch City sanitary sewer gravity main along Southern Boulevard and an existing 10-inch City sanitary sewer gravity main along Mac Street.There is also an existing 30-inch HRSD sanitary sewer force main along Southern Boulevard. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Point 0'View Elementary 743 students 686 students 33 students 33 students Larkspur Middle 1,555 students 1,694 students 11 students 11 students Kempsville High 1,897 students 2,026 students 11 students 11 students 1"Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 2022. Witchduck Real Property, Inc Agenda Item 12 Page 8 • 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 August 12,2022. Witchduck Real Property, Inc Agenda Item 12 Page 9 Proposed Conceptual Site Plan , \ \ , i \ . \ \ ...., \ i \ . •„__ — . fammanmpor miti ---- VIET g •,. • itr-LJ - - 7 . _ --pi— ------ q i — --L,I !i -1 I ::::•:',' - :'‘\, --- --------- . ,...., ;1,:.- 't,t . :.:-;•'-'..-- c . z„, • ' '- • '..1.--.\' • \ '0-.''--1 i ' \ ... -- ._ II 11 li 1 H 11 11 11 il I ' • ,----n. ', , \ \% _.......ik , .• •.zi: \ - \ s,........„_,, A —---" ' ..1;0_0,4, a, ‘,• A .\ \ , = ..,:_. . ____ —— ___, _... -.-- ,_ ' q-. . •::7.--- -r:: , . '0- \ \ ,,,•:- _ 44.4 1_1 , ••'' ''' , \;:.. ' 1\ \ _ 4 <:.?.\,,,.... \ \ _ ii., .\.,. .....:...,...1\ ., \ , . \ — .t:-- . •";"Y.1 A \ s, . .....v...... .,.... . 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Witchduck Real Property, Inc Agenda Item 12 Page 14 Site Photos —441111111111Till‘rwr-• — , iiipirpg 1 . l' SCRAP iv- . _:�—� ►ASS Al I I i k C ;MNu _. + , T- OFEk 1 1 f + 1 1 i tlIl i 11 1 i _ t -- . ail f }I;i '1ill ) i ` f - -a M • i 'I' ifilill '" l i {. / ! j! 1? i:; 4 i 4 r rat .:µ _-. ,r.- __ 'R .. f"aY -. s. `-. -.ram `, -y =�� +arwv yctp $e tiY . ysr :'I l -.. z —- _-- Ilk `_ - Aft „or 40,1"Mn le 4 d le Y f► 1 ,..... _, ,,,. ,, .. . . 1.0,r �� - � O — _ -� Y saw,• - ' Z-_ -; eis �• ,�., `- w - .'.,,...V .,. '':� \set Lv#.s: ': ,:::11tr'''1:--.. , ...,,Ti . ' .Lortfl!''‘,-1..,... --• i 44.1C''''.41`. -i •+-, .-, ,may,.. •, /+ "$." Av. , f.�- -; M Witchduck Real Property, Inc Agenda Item 12 Page 15 Disclosure Statement Disclosure Statement City y nJ Vtryutw 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 Witchduck Real Property,Inc. Does the applicant have a representative? II Yes ❑No • If yes,list the name of the representative. John T.Mamoudis Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Mark Calcagni,Tony Calcagni,Anne Calcagni and Antonio Calcagni • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Witchduck Real Property, Inc Agenda Item 12 Page 16 Disclosure Statement Disclosure Statement 1/13 City nJ Vi+gmia Bette 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? IN Yes ❑No • If yes,identify the company and individual providing the service. Troy Brinkley/Impera Commercial and Land Company John T.Mamoudis,Agent,Warren Sachs,Agent 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?ni Yes ❑No • If yes,identify the firm and individual providing the service. William Almond/WPL,Kelly Osburn/Humpreys&Partners Architects,LP.,Larry Barry/AES Engineers 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. Tommy Johnson/Breeden Investments Properties,Inc.,Lisa Murphy/Wilcox Savage Revised 11.09.2020 2 Witchduck Real Property, Inc Agenda Item 12 Page 17 Disclosure Statement Disclosure Statement Ci:y Vin)iniu&sxh 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?I Yes ❑No • If yes,identify the company and individual providing the service. Breeden Investments Properties,Inc./Individual-Unknown at this time 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?U Yes ❑ No • If yes,identify the firm and individual providing the service. Larry BarryAES Engineers,John T.Mamoudis/Agent,Warren Sachs/gent 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. John Richardson/Wolcott Rivers,Lisa Murphy/Wilcox Savage Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is comple:e,t•Je ,:nc au.0.ate r.a:rr,;,:ni:'h.it, Jpar receipt of notification that the appi cation has been scheduled fry public he.i.rig,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board for any public body or committee in connection with this application. l � �<Y/ Applicaut Signature Print Name and Title John T.MamoLcis Date 5/13/2022 Is the applicant also the owner of the subject property? ■Yes Cl No • If yes,yn:i do not nred to fill out the owner disclosure statement. FOR CRY USE ONLY/All disclosures must be updated two(2)weeks prior to any Manning Commission and City Council meeting that pertains to the applications No changes as of Daft• 7/26/2022 signature PrntNamc Marchelle L. Coleman Witchduck Real Property, Inc Agenda Item 12 Page 18 Disclosure Statement RESOLUTION OF SHAREHOLDERS AND DIRECTORS OF WITCHDUCK REAL PROPERTY,INC., A VIRGINIA CORPORATION The undersigned, being all of the Shareholders and Directors of Witchduck Real Property, Inc., a Virginia corporation ("Company"), authorize, approve and consent to the adoption of the following resolutions and the actions contemplated by the resolutions: NOW, THEREFORE, BE IT RESOLVED that the Shareholders and Directors deem it to be in the best interest of the Company that the Company actively market for sale that certain parcel of real property owned by the Company located at 122 Mac Street, Virginia Beach, VA 23462 ("Property") to a third party purchaser. RESOLVED that the Company is authorized to enter into any necessary agreements, instruments and documents to effectuate the marketing of the Property("Property Marketing");and RESOLVED that Shareholders and Directors of the Company hereby appoint John T.Mamoudis,as Authorized Agent of the Company,and in the name and on behalf of the Company, to negotiate the terms of and to execute any and all documents and other items in connection with Property Marketing, and to take such actions as he deems necessary in connection with the Property Marketing in order to obtain a fully executed sales contract for the Property. RESOLVED that all actions previously taken by any Shareholder, Director or Officer of the Company on behalf of the Company in connection with the Property Marketing be,and are,in all respects ratified and confirmed. THE UNDERSIGNED HEREBY CERTIFY that said resolutions are not inconsistent with the Bylaws, Articles of Incorporation and Certificate of Incorporation of the Company,as such documents have been amended from time to time,and that the undersigned are all of the Shareholders and Directors of the Company. Witchduck Real Property, Inc Agenda Item 12 Page 19 Disclosure Statement This resolution may be executed simultaneously in one or more counterparts,each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Effective Date: �-/�-/ aOZ,2.. SHAREHOLDERS DATE OF EXECUTION: 1104L,6, ti 01/ , TONIO CALCAGNI(4,168 Share 2 Z ,20 2Z MARK ALCAGNI(12,500 Shares) 0044- -e-- oz/d/- .204,.. ANN CALCAGND(-1,1 Shares) ,d, , 02/ ,202L ANTIIONY CALCAGNI(4.166 Shares) DIRECTORS DATE OF EXECUTION 3 ,202Z/ MARILIKAt \. 741/ ,20 ilk ANTHONY CCALCAGNI CL, - . ANNE CALCAGNI 14416441,1 Witchduck Real Property, Inc Agenda Item 12 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. Witchduck Real Property, Inc Agenda Item 12 Page 21 WITCHDUCK REAL PROPERTY, INC. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between WITCHDUCK REAL PROPERTY, INC., a Virginia corporation ("GRANTOR"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner of that certain approximately 12.26 acre parcel of improved real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN: 1467-83-7448-0000, located at 122 Mac Street,more particularly described in Exhibit A, attached hereto, and incorporated herein by reference ("Property"); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from I-2 Heavy Industrial District to Conditional A-36 Apartment District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the GPIN: 1467-83-7448-0000 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox& Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 Property, which have a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning, site plan,building permit, or subdivision approval,hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled`Breeden Investment Properties, Inc. Architectural Site Plan—Scheme 05, 122 MAC ST, Virginia Beach, VA",prepared by Humphreys &Partners Architects, L.P. dated May 17, 2022 ("Conceptual Site Plan"),which has been exhibited to the Virginia Beach City Council ("City Council")and is on file with the Virginia Beach Department of Planning ("Planning Department"). 2. The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled"Breeden Investment Properties, Inc. Elevations— 122 MAC. ST, Virginia Beach, VA", dated April 11, 2022,prepared by Humphreys&Partners Architects, L.P.,which have been exhibited to City Council and are on file with the Planning Department. 3. The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan 122 MAC ST. APARTMENTS City of Virginia Beach, Virginia"prepared by AES Consulting Engineers dated May 9, 2022, which has been exhibited to City Council and is on file with the Planning Department. 4. GRANTOR will obtain a phase II environmental site assessment prepared in accordance with ASTM E1903-19 and will provide a copy to the Planning Department prior to site plan approval. If the phase II environmental site assessment recommends contamination remediation, upon completion of the recommended remediation, the GRANTOR will provide the Planning Department with either a copy of a"no further action" letter from the Virginia Department of Environmental Quality ("VDEQ"), or if no such letter or other form of written confirmation is available from VDEQ, an opinion by a licensed engineer confirming that the recommended contamination remediation has been completed, prior to the release of any building permits. 2 5. GRANTOR will submit a Traffic Impact Study ("TIS")to the Traffic Engineer for the Department of Public Works prior to site plan submittal. Based upon the results of the Traffic Engineer's analysis of the TIS, GRANTOR shall, if necessary, adjust or modify its site plan to include any necessary on-site right of way dedications and/or on-site turn lane improvements. In addition, if required by the TIS, GRANTOR shall complete signal system retiming and/or other off-site improvements within existing City right of way, prior to the issuance of the first certificate of occupancy for this project. 6. There shall be no more than four hundred thirty-eight(438)multi-family dwelling units on the Property. 7. The freestanding community identification sign shall be located at the main entrance to the Property off of Mac Street in approximately the location depicted on the Conceptual Site Plan;however, the orientation will be determined prior to sign package submittal. 8. All onsite signage shall meet the requirements of the City Zoning Ordinance,unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. 9. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the A-36 Apartment District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office") and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 3 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 WITNESS the following signature and seal. GRANTOR: WITCHDUCK REAL PROPERTY, INC., a Virginia corporation By: IS/C (SEAL) Name: Mai cat c4j n; Title: (/;to - 9rez i d e►'st- COMMONWEALTH OF VIRGINIA CITY OF 1)i y j;v'ix. &2Ch , to wit: The foregoing instrument was acknowle5Iged before me this 18 day of May 2022, by Mai k C a h a h , as Ui tc- Dyes; devir of WITCHDUCK REAL PROPERTY, INC., a c Virginia oration on behalf of� rp said corporation. [SEAL] d r"Gt`4 a 4), 'pHCEP� -, Notary Public '.•• ••.�'� Registration No: 7B0 r6 0 8 .s NOTARY % s t•' PUBLIC % 's Z, G'*7804608 15 = My Commission Expires: Dy 30 2Do?6 n s ES s s / EXPIR i '� \iv '%., ALTM ? aq•,•uMN [Signature Page to Proffered Covenants, Restrictions and Conditions] I-1878334.1 1-1878358.1 Exhibit A to Proffered Covenants,Restrictions and Conditions Legal Description of the Property All that certain tract, or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia,being designated and described as "PARCEL 2A, 12.693 AC.",as shown on that certain plat entitled "RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF,AGENT (M.B 94 P.9)KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", dated August 3, 1973,made by Baldwin and Gregg, Engineers-Planners-Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 114 at page 38, to which plat reference is hereby made for a more particular description of the property hereby conveyed. AND That certain easement over the following described property: All that certain piece or parcel of land, lying, situate and being in the Kempsville Borough, the City of Virginia Beach, Virginia, and being designated as "EASEMENT B", as shown on that certain plat entitled "PLAT II SHOWING INGRESS & EGRESS EASEMENTS ON RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF, AGENT (M.B. 94, PG. 9) KEMPSVILLE BOROUGH, VIRGINIA BEACH,VIRGINIA", Scale 1" = 100', dated April 19, 1974, made by Baldwin and Gregg, Engineers-Surveyors-Planners, and which plat is recorded in the aforesaid Clerk's Office in Map Book 116 at page 32,reference to which plat is made for a more particular description of said property. AND The perpetual right, easement and privilege for ingress and egress, along, over and across the following described property,to wit: All that certain piece or parcel of land, lying, situate and being in the Kempsville Borough, the City of Virginia Beach,Virginia, and being part of "PARCEL 2B", as shown on that certain plat entitled"RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF, AGENT(MB. 94,P.9) KEMPSVILLE BOROUGH, VIRGINIA BEACH,VIRGINIA", Scale: 1" = 100', dated August 3, 1973,made by Baldwin and Gregg, Engineers-Surveyors-Planners,Norfolk, Virginia,which plat is recorded in Map Book 114 at page 38, reference to which plat is made for a more particular description of said property, as follows: To establish a point of beginning,begin at a certain point in the northern line of that certain piece or parcel of land designated as "PARCEL 2B",as shown on the aforementioned plat,which point is the northeastern corner of said Parcel 2B. Thence run N 84 degrees 54' 30" W, a distance of 525.16 feet to a point, which point of beginning; thence from said point of beginning, turning and running N. 84 degrees 54' 30" W., a distance of 50 feet to a point; thence turning and running along the arc of a curve to the left the radius of which is 50 feet, an arc distance of 78.54 feet to a point; thence turning and running N. 05 degrees 05'30" E., a distance of 50 feet to the point of beginning. A-2 AND That certain easement over the following described property: All that certain strip,piece or parcel of land,being rectangular in shape and being 24 feet, more or less, in width and 92 feet, more or less, in length and being shown and designated as that certain hatchmarked parcel marked "EASEMENT', as shown and described on that certain plat entitled "NORFOLK SOUTHERN RY. CO. EUCLID PROPERTY EUCLID, VA. M.B. 65",prepared by the Office of the Chief Engineer, Raleigh,N.C., dated September 25, 1970, and recorded in Deed Book 1319 at page 345,reference to which plat is made for a more particular description of said property as follows: Beginning at a point where the centerline of Pennsylvania Avenue intersects the southern most line of Lafayette Avenue (now known as Southern Boulevard), as shown on the said plat, thence running along the southernmost line of the said Lafayette Avenue in an easterly direction, 12 feet,more or less, to a point; thence turning and running in a southerly direction across the right of way of Norfolk Southern Railway Company, as shown on the said plat, a distance of 92 feet, more or less, to a point in the northern boundary line between the property of Norfolk Southern Railway Company and the property of the first parties; thence turning and running along the aforesaid boundary between Norfolk Southern Railway Company and the first parties, in a westerly direction, a distance of 24 feet, more or less; thence turning and running in a northerly direction across the property of Norfolk Southern Railway Company,a distance of 92 feet,more or less, to the southern line of Lafayette Avenue, as shown on the said plat; thence turning and running in an easterly direction along the southern boundary line of Lafayette Avenue, a distance of 12 feet, more or less,to the point of beginning. SUBJECT HOWEVER, to the understandings, reservations and conditions recited in the aforesaid Deed of Easement dated December 15, 1972, recorded in said Clerk's Office in Deed Book 1319 at page 341. AND The perpetual right, easement and privilege for traversing over, along, and across a certain 20-foot-wide railroad siding designated as "20' R/W EASEMENT", which extends from the railroad right of way of the Norfolk Southern Railway Company designated as "NORFOLK SOUTHERN RAILWAY CO. 40'R/W" and runs in a generally southwesterly and westerly direction across PARCEL 2B to the adjacent PARCEL 2A, as shown on that certain plat entitled "RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF, AGENT (M.B. 94 P. 9)KEMPSVILLE BOROUGH,VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated August 3, 1973, made by Baldwin and Gregg, Engineers-Surveyors-Planners,Norfolk, Virginia, which plat is recorded in Map Book 114 at page 38,reference to which plat is made for a more particular description of said property. IT BEING the same property conveyed to Witchduck Real Property, Inc., a Virginia corporation by deed from Lawyers Title Realty Services, Inc., Substitute Trustee, dated February 3, 1997, and recorded February 4, 1997, in Deed Book 3704 at page 1321. LESS AND EXCEPT property conveyed by Certificate of Take recorded as Instrument No. 201 51230001240680 and shown on plat recorded as Instrument No. 20151230001238860. A-2 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 12 Witchduck Real Property, Inc. [Applicant & Property Owner] Conditional Rezoning (1-2 Heavy Industrial District to Conditional A-36 Apartment District) Address: 122 Mac Street RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next agenda item # 12, Witchduck Real Property, Inc. for Conditional Rezoning at 122 Mac Street. Please come forward as the representative, state your name. Ms. Murphy: Good afternoon again, Lisa Murphy for the record, local land use attorney on behalf of Breeden Investment Properties, which is the contract purchaser, and in support of this application. We appreciate all of the kind words that you all said about the project. I know Breeden is very excited about it. It'll be a tremendous thing for the city. To the chairman's question at the informal session, the contract isn't contingent on the owner finding a new location. My understanding is he's looking for new location, but he'd have to comply with your Zoning Ordinance and find a new location that would be suitable in the city or elsewhere. So happy to answer any other questions, but we appreciate all of staffs work on this and being placed on the consent agenda. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Redmond to please read this for the record. Mr. Redmond:Thank you, Mr. Alcaraz. This is an application of Witchduck Real Property, Inc. for a Conditional Rezoning, from 1-2 Heavy Industrial to Conditional A-36 Apartment District, at 122 Mac Street in the Bayside District, which is just off of Witchduck Road in close proximity to Interstate 264. In fact, this is a very visible site from Interstate 264, and I think many would recognize, and if they don't recognize it already. This applicant is requesting to rezone 12.26 acre parcel from 1-2 Heavy Industrial to Conditional A-36 to redevelop the property with a 438 unit multifamily residential community with a resulting density of 35.72 units per acre. This property is located within the Pembroke Strategic Growth Area, but it's currently being utilized for heavy industrial activity with multiple uses consisting of an industrial warehouse, a scrap materials stockpile, bulk storage, and a recycling center. If you are familiar with this site, you will recognize it as an eyesore. It is a very old, very degraded, very unkempt, not very well kept. This use is not only this multifamily use of 438 units, is not only very necessary in Virginia Beach, it's also very welcome I think, in this particular part of the city. There's been a lot of investment; the city has made a lot of investment in Witchduck Road, the widening of that, and better integrating it with the highway and the other projects. There has been a fair amount of investment in development activity, and it's all very much to the community's benefit. This is an enormous improvement to this site. It's just a terrific improvement to this site. The staff saw it that way and recommended approval. There is no opposition to this, and so we have deemed it to be worthy of our consent agenda, and I am glad for that. Thank you, Mr. Chairman. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So, do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT 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 in substantial conformity with the conceptual site plan entitled "Breeden Investment Properties, Inc. Architectural Site Plan — Scheme 05, 122 MAC ST, Virginia Beach, VA", prepared by Humphreys & Partners Architects, L.P. dated May 17, 2022 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). Proffer 2: The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled "Breeden Investment Properties, Inc. Elevations — 122 MAC. ST, Virginia Beach, VA", dated April 11, 2022, prepared by Humphreys & Partners Architects, L.P., which have been exhibited to City Council and are on file with the Planning Department. Proffer 3: The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan 122 MAC ST. APARTMENTS City of Virginia Beach, Virginia" prepared by AES Consulting Engineers dated May 9, 2022, which has been exhibited to City Council and is on file with the Planning Department. Proffer 4: GRANTOR will obtain a phase II environmental site assessment prepared in accordance with ASTM E1903-19 and will provide a copy to the Planning Department prior to site plan approval. If the phase II environmental site assessment recommends contamination remediation, upon completion of the recommended remediation, the GRANTOR will provide the Planning Department with either a copy of a "no further action" letter from the Virginia Department of Environmental Quality ("VDEQ"), or if no such letter or other form of written confirmation is available from VDEQ, an opinion by a licensed engineer confirming that the recommended contamination remediation has been completed, prior to the release of any building permits. Proffer 5: GRANTOR will submit a Traffic Impact Study ("TIS") to the Traffic Engineer for the Department of Public Works prior to site plan submittal. Based upon the results of the Traffic Engineer's analysis of the TIS, GRANTOR shall, if necessary, adjust or modify its site plan to include any necessary on-site right of way dedications and/or on-site turn lane improvements. In addition, if required by the TIS, GRANTOR shall complete signal system retiming and/or other off-site improvements within existing City right of way, prior to the issuance of the first certificate of occupancy for this project. Proffer 6: There shall be no more than four hundred thirty-eight (438) multi-family dwelling units on the Property. Proffer 7: The freestanding community identification sign shall be located at the main entrance to the Property off of Mac Street in approximately the location depicted on the Conceptual Site Plan; however, the orientation will be determined prior to sign package submittal. Proffer 8: All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 9: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. 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. 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Greene Revocable Trust Building 1900 :__n d i n g -ioad — . Feet 0 60120 240 360 480 600 720 r►GtdlA D�1- w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILLIAM M. & JONI P. GREENE CO-TRUSTEES OF WILLIAM M. GREENE REVOCABLE TRUST & CO-TRUSTEES OF THE JONI P. GREENE REVOCABLE TRUST [Applicants & Property Owners] Conditional Use Permit (Alternative Residential Development) for the property located at 1900 Landing Road (GPIN 2317072265). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: August 16, 2022 • Background: The applicant seeks to create an additional residential lot from the existing 18-acre parcel in the southern portion of Virginia Beach on property along the North Landing River. Under the provisions of the Zoning Ordinance, as a matter of right parcels legally created prior to March 5, 1991 that have 15 acres of lot area are permitted to be divided once to create a second lot of at least one acre in size for a family member. The Zoning Ordinance does not allow water, marsh, or wetland to be counted in the minimum lot area calculation. As the existing 18-acre parcel only contains 11.56 acres of uplands, this provision to subdivide one lot from the larger parcel cannot be pursued. As an alternative, the applicant applied for a Conditional Use Permit for Alternative Residential Development where the overall density for the subdivision of land is determined based on the characteristics of the soil type(s). • Considerations: Per the Ordinance and subject to approval of a Conditional Use Permit, one dwelling unit per five acres is permitted on Type 1 soils and one dwelling unit per 10 acres is permitted on Type 2 soils. According to soil report submitted with the application, the site contains 10.50 acres of Type 1 soils. Based on this, the property could yield up to two parcels, which is the request of the applicant. No new development is proposed within 50-foot wide Southern Rivers Buffer nor within the Floodplain Subject to Special Restrictions. The Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan recommend a minimum 50-foot wide, vegetative buffer be installed between proposed residential structures and abutting agricultural operations. As there is no apparent active cultivation or livestock operation on the adjacent parcel at this time, it is recommended that this buffer not be required. Some elements of the architectural design of the dwelling are consistent with the recommendations in the Rural Area Design Guidelines, such as a front porch, pitched roof lines, board and batten siding, and a side-loading garage. Further details pertaining to the application, as William M. & Joni P. Greene, Co-Trustees of the William M. Greene Revocable Trust & Co- Trustees of the Joni P. Greene Revocable Trust Page 2 of 2 well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend this item for approval on the Consent Agenda, passing a motion by a recorded vote of 10-0. 1 . When Lot B is developed, the exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "New Residence for Kristin Bird," prepared by Bauman Design, dated June 15, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The 50-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall not be required. 3. A subdivision plat shall be required to be recorded prior to release of the approved final site plan. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (7/ City Manager: 740 Applicants & Property Owners William M. & Joni P. Greene Co- Agenda Item Trustees of the William M. Greene Revocable Trust & Co- Trustees of the Joni P. Greene Revocable Trust City of Planning Commission Public Hearing July 13, 2022 Virginia Beach City Council District District 2,formerly Princess Anne Request Conditional Use Permit (Alternative Residential Development) 4 •y�y Staff Recommendation Approval Min poinut Staff Planner ron Rom Hoa N. Dao ✓��s Location 4-.f 1900 Landing Road GPIN 2317072265 Site Size 18.12 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-1 &AG-2 ' �, 2 Q,� Agricultural 4 Jr Surrounding Land Uses and Zoning Districts . d> � North �, .. Single-family dwelling/AG-1 Agricultural �;,_ ,£ f•• t ,� r South =, f ° �: Landing Road .11\ Single-family dwellings/AG-2 Agricultural - '4, East te €: „W ,r � ¢�r � Single-family dwelling /AG-1 &AG-2 • , ' ` Agricultural ?*=•• �' 'l •'� West �. North Landing River "i . " ' • '• t William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for Alternative Residential Development to subdivide an existing 18.12-acre parcel into two lots for the construction of one additional dwelling. The proposed Lot A will be 15.10 acres, containing the existing dwelling, and the proposed Lot B will be 3.02 acres to be developed with a new dwelling. Both lots will meet the development standards for property zoned AG-2 Agricultural District. • Agriculturally-zoned parcels can be subdivided into two developable lots as a matter of right when: o they have been created prior to March 5, 1991 (adoption of the current Agricultural Ordinance), and o that are 15 acres or larger meeting the dimensional requirements of Section 402 of the Zoning Ordinance. • While this parcel was created prior to March 5, 1991 and is above the 15-acre minimum (18.12 acres), per Section 200 of the Zoning Ordinance only acreage located outside of water, marsh, and wetlands can be counted towards residential density. As in this instance only 11.56 acres are located outside of water, marsh, and wetlands,the applicant is pursuing this request for a Conditional Use Permit for Alternative Residential Development in order to create one additional lot. Proposed LOT A Proposed LOT B Minimum Lot Area (acres) 1 1 Proposed Lot Area (acres) 15.10 3.02 Proposed Lot Area Outside of Water/Marsh/Wetland/Flood (acres) 7.31 2.84 Minimum Lot Width (feet) 150 150 Proposed Lot Width (feet) 416.43 150 • This approach for subdividing parcels in the southern portion of Virginia Beach is based on soil types. Per the Zoning Ordinance,for Type 1 soils the maximum density is one unit per five acres and for Type 2 soils the maximum density is one unit per ten acres. The soil report prepared by Carl D. Peacock,Jr., Inc and submitted with the application indicates that over 10 acres of the site consists of Bojac fine sandy loam (#7) and Munden fine sandy loam (#19) soils which are well-drained,Type 1 soils.The remaining property under consideration consists of Dragston fine sandy loam (#13), Nawney silt loam (#21), and Nimmo loam (#24) soils that are poorly-drained,Type 2 soils. Based on this, the maximum density the site could potentially yield based on soil types combined with the required lot area is only two dwelling units. • The applicant proposes to construct a new 3,740 square foot single-family dwelling for a family member on proposed Lot B. The two-story single-family dwelling will be built on a raised slab with a brick skirt, as shown on pages 7 and 8 of this report.The existing home will remain on the proposed Lot A. William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 2 .sc21: - --,- v e..... - \6- ,th,,,, ,,,,,,,, . 1 .4.-41 A,/// S1fr// Zoning History 4 1 SVR Lot Width Approved 06 13 1995 ' 2 CUP Mobile Home for Farm Laborer)Approved �o .�f 04/14/1986 o , r' 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 Conditional Use Permit request for Alternative Residential Development to create one additional lot in Staff's opinion is acceptable.The applicant, who has owned the property since 2002, seeks to create one additional three-acre parcel for a family member to construct a dwelling. Under the provisions of the Conditional Use Permit for Alternative Residential Development,the maximum number of dwelling units permitted on the entire 18-acre site is based on the quality of the soils. As stated above, over ten acres of the property consists of well-drained, Soil Area 1 while the remaining eight acres will not support an additional dwelling due to the poor quality of the soils. Based on this, the proposal for two dwelling units will be in line with the density requirement. As the site is located adjacent to the North Landing River, hence the poorly drained soils associated with Soil Area 2, portions of the property are encumbered by the 50-foot wide Southern Rivers Buffer as well as within the Floodplain Subject to Special Restrictions. No new development is proposed within these sensitive areas. The Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan recommend a minimum 50-foot wide,vegetative buffer be installed between proposed residential structures and abutting agricultural operations. As there is no apparent active cultivation or livestock operation on the adjacent parcel at this time, it is recommended that this buffer not be required. Some elements of the architectural design of the dwelling are consistent with the recommendations in the Rural Area Design Guidelines, such as a front porch, pitched roof lines, board and batten siding, and a side-loading garage. Staff recommends approval subject to the conditions below, as it meets the intent of the Comprehensive Plan and the Rural Area Design Guidelines. Recommended Conditions 1. When Lot B is developed,the exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "New Residence for Kristin Bird," prepared by Bauman Design, dated June 15, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 3 2. The 50-foot wide,vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall not be required. 3. A subdivision plat shall be required to be recorded prior to release of the approved final site plan. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Rural Area. The Rural Area is located in the southern half of the city, south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation,tree farms, equestrian facilities,wetland banks,fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. They may include large open space areas that are retained in their natural state, used as farmland,gardens, equestrian centers or other rurally compatible uses. Houses are arranged and streets are aligned in ways that create or adapt to the natural rural setting and do not follow a typical suburban pattern of regimentation, enabling larger, continuous open space areas. It applies such building design techniques as large, open wrap-around porches, pitched roof lines, and detached or side-loading garages. It incorporates architectural details that take cues from local farm buildings, hunting clubhouses, and other examples which reflect the architectural heritage and agrarian character of southern Virginia Beach. 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. As the site is located adjacent to the North Landing River, portions of the property are encumbered by the 50- foot wide Southern Rivers Buffer as well as within the Floodplain Subject to Special Restrictions. No new development, nor does it appear that any existing development, is located or proposed in these environmentally sensitive areas. There does not appear to be any significant cultural resources associated with the site. William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Landing Road No Data Available Existing Land Use 3—10 ADT Proposed Land Use —20 ADT 1 Average Daily Trips 2 as defined by a 1 single-family 3 as defined by 2 single-family a LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Landing Road is considered a two-lane undivided local street. There are no roadway CIP projects slated for this portion of the roadway. Public Utility Impacts Water & Sewer City water&sewer are not available to the property. Health Department approval is required for private wells and septic systems. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022 and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 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 August 12, 2022. William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 5 Proposed Site Layout w o Z X < W o O. 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I i 71 I i GARAGE SIDE ELEVATION .02 WA F.VW . ,'O i WK.iceiiiiiiiIiiMININIMOINIIIIIIIMIMMInill II. 1■■i■IIIOIIIM1■■I■■/■MIIIMI1■■I■■1 IR► MIMIIMMIIEIMIIIIIIIIMIIIIINIIIIIIIIIIIIIIIMMIINIIIIMIIIIISIMMIIIINIIIIM !MI 71E1111111 ;II !MN IN �fllMLE�� il�..7• •IMMI•MINYsw�iM�•MYAYwOf•M Imo /■■11!•�/T■■1► IIIIIIII I. 1 1. 1 ■■1■■I■■11111111111. IN1■■1111111111■■1. ! : T LL III ;III I I .I L • I =-- — 1L -—1-____ r ........ . WCO,CLA,.... ,Tµ.-C11 T.P. v' REAR ELEVATION A202 ScAi F.1, . i ar William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 8 Site Photos , r�:�^ - ter' - F; . P. rd.:: to I': 'Ir? (0-iV :: RP. .� ,r ‘1016.r R „qr.. . , ,,,, ,-, ,i_ • - , '41r " ..." . •Pr, 'r- ram-_ _ _ " ,Ygyp -: +'Y ' • William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement VI3 , Cat v of Veryinia • Bnr.F Planning&Commu VIC De elopmen= - 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 William M.&Joni P.Greene Co-Trustees of the William M.Greene Revocable Trust and Co-Trustees of the Joni P.Greene Revocable Trust Does the applicant have a representative? I Yes J No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes D No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) William M.Greene and Joni P.Greene,Co-Trustees • If yes,list the businesses that have a parent subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2 2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2 2.3101. 1l William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement 143 licafi 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 arc or a^v proposed or velopr contingent on the subject public action?0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property% ❑Yes •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?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 2 William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 11 Disclosure Statement Disclosure Statement N/13 Ci:y nJt'iry inzu Balch Planning&Community. Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the company and individual providing the service. To be Determined 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. Michael L.Perreault,Koontz,Bryant,Johnson Williams 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?IN Yes 0 No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing.I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signal e William M.Greene,Co-Trustee Joni P.Greene,Co-Trustee Print Name and Title Date Is the applicant also the owner of the subject property? ®Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications y❑ No changes as of Date 08 01 2022 Signature Print Name William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. William M. &Joni P. Greene Co-Trustees of the William M. Greene Revocable Trust& Co-Trustees of the Joni P. Greene Revocable Trust Agenda Item 7 Page 13 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 7 William M. & Joni P. Greene Co-Trustees of the William M. Green Revocable Trust & Co- Trustees of the Joni P. Greene Revocable Trust [Applicants & Property Owners] Conditional Use Permit [Alternative Residential Development] Address: 1900 Landing Road RECOMMENDED FOR APPROVAL-CONSENT Mr. Alcaraz: Item# 7 William M. & Joni Greene, Co-Trustees of the William M. Greene Revocable Trust & Co-Trustees of the Joni P. Greene Revocable Trust for Alternate Residential Development at 1900 Landing Road. Mr. Bourdon: Thank you, Mr. Vice Chairman, Chairman Wall, members of the Commission. For the record, Eddie Bourdon, Virginia Beach Attorney, representing the Greene family. Ms. Joni Greene is here today along with her adult daughter for whom will be building the house on the lot that's proposed for her family. We appreciate staffs assistance with this application. All three conditions as recommended by staff are acceptable. I appreciate being on the consent agenda. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Ms. Cuellar to speak on this. Ms. Cuellar: The Greene family is the applicant on this permit and is requesting a Conditional Use Permit for Alternative Residential Development to sub-divide an existing 18.12 acre parcel into two lots for the construction of one additional dwelling. The proposed lot A will be 15.1 acres containing the existing dwelling and their proposed lot B will be 3.02 acres to be developed with the new dwelling. Both lots will meet the development standards for property zoned AG2 Agricultural District, seeing no opposition, the Commission recommends approval for the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 . ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE • Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT CONDITIONS 1. When Lot B is developed, the exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "New Residence for Kristin Bird," prepared by Bauman Design, dated June 15, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The 50-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall not be required. 3. A subdivision plat shall be required to be recorded prior to release of the approved final site plan. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. i OR 1 OR 4 et th Street ieet[ \ -� th ___q , , \ ,16);\ GR/0R o OR / c tb OR a i IT 30 street - •:" i .z tz iF d stree �___ 3r __- O R IT IN rA Site W- 1. Jennifer & Joseph Bailey .Property Polygons v�J. Zoning 303 Atlantic Avenue, Unit 1404 Building Feet 0 1530 60 90 120 150 180 I t�C .t"1L�?� ji CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JENNIFER & JOSEPH BAILEY [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue, Unit 1404 (GPIN 24273224032440). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: August 16, 2022 • Background: The applicant is requesting to operate a two-bedroom, 943 square-foot Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower, along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. 303 Atlantic Avenue, Unit 1404 was constructed in 1975. The parcel is zoned OR Oceanfront Resort and is within the Oceanfront Resort Short Term Rental Overlay District. The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east, the 4th Street Connector Park to the north, the 3rd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi- family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. According to the Applicant, this property was not used for Short Term Rental purposes prior to July 1 , 2018, and therefore is not Grandfathered for such use. The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. There are no past violations for Short Term Rental Use associated with this property. There is no known history of advertisement or operation of the rental. Known Short Term Rental activity as of July 26, 2022: • Date Rental Listing First Advertised: N/A • Conditional Use Permit Application Intake Date: April 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: N/A • Considerations: The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort-oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable, vibrant, engaging community Jennifer & Joseph Bailey Page 2 of 5 at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit, labeled Space D30 on the fourth floor of the attached parking deck. According to Section 2303 (b)(a)(ii) of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Bases Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom, therefore only one parking space is required for the entire unit. Staff received one letter in opposition noting concerns that the use will increase condo fees and will require additional maintenance in the common areas. It should be noted that the letter of opposition was received from an existing condominium owner that is currently operating an STR without the appropriate approvals. 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. • Recommendation: On July 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, with one abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1404 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. The dwelling unit shall comply with all required Fire and Building Code requirements. Jennifer & Joseph Bailey Page 3 of 5 4. 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.. 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. Jennifer & Joseph Bailey Page 4 of 5 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. 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. Jennifer & Joseph Bailey Page 5 of 5 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 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicants & Property Owners:Jennifer & Joseph Bailey Agenda Item Planning Commission Public Hearing:July 13, 2022 City Council District: District 5,formerly Beach 20 city(4 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 1 Approvalove `° 4 pinewood Drive ___-_ NortoIkAvenue 90 Street Staff Planner --' Levi Anthony Luckenbach Ate" 1 t yv Sweet Location "�, q ; ��street 303 Atlantic Avenue, Unit 1404 i, - m 6,t%,Skil t\ i�'" 3d s G P I N '---\: 24273224032440 ------r-----\--- 1 , ---, � ,a � Q� gyp' Site Size 4�� o 7 45,000 square feet r ( IS S .cy q e ` yd' Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North "1=:41 ' • 4th Street (Connector Park) ...i Multi-Family Dwellings/OR Oceanfront Resort s - , South 3rd Street (Connector Park) •., - ; Hotel/OR Oceanfront Resort "`' , East : ,fir Boardwalk ',-- l . •`t 4 • \k 4, Atlantic Ocean, Beach � ..,,,,IA1\ 1 West ' f. Atlantic Avenue ? sd sre ,,``� Civic Use, Public Use OR Oceanfront Resort16111 • 3d t ,- s 1 -r t= '. A Jennifer&Joseph Bailey Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this two-bedroom unit, located within the Dolphin Run condominium tower, was constructed in 1975. • Staff inspected the site on June 13, 2022 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • There are no past violations for Short Term Rental use associated with this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not considered Grandfathered for such use. • The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. • Known Short Term Rental activity as of June 27, 2022: • Conditional Use Permit Application Intake Date: April 1, 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Jennifer&Joseph Bailey Agenda Item 20 Page 2 Short Term Rentals in the Vicinity 1 • 01 1Hr r CD— AL.,01 atOPP4. e vim Short Term Rentals -.. L>�� 0 1TP o 'C �P status � � s r i r.-::rota 4 t • an�e �fe f 11.11110$ .AW Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 943 square-foot Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and Article 2300 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; historical exception made): 1 • Number of off-street parking spaces provided: 1 Jennifer&Joseph Bailey Agenda Item 20 Page 3 2 Zoning History 4 # Request oR� 1 COA(Colocation of Antennas)Approved 02/20/2017 2 NON(Enlargement of Nonconforming Use)Approved streo 04/12/2005 NON(Enlargement of Nonconforming Use)Approved ill d 01/12/1993 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 m MOD(Modification of Conditions)Approved 02/14/1995 STC(Street Closure)Approved 02/09/1993 �� gtteet MOD(Modification of Conditions)Approved 06/23/1992 CUP(Outdoor Recreation Facility)Approved 05/26/1992 T3 —41A CUP(Outdoor Recreation Facility)Approved 03/24/1992 a oR REZ(B-5 to H-2)Approved 06/11/1984 - 4 CUP(Communication Tower)Approved 03/14/1995 5 REZ(B-S to H-2)Approved 12/17/1984 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, 943 square-foot Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower, along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. Being within the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is to be expected. 303 Atlantic Avenue, Unit 1404 was constructed in 1975.The unit shares the parcel with other condominium units in the building, several of which have received approvals for Short Term Rental Zoning Permits.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4th Street Connector Park to the north,the 3'Street Connector Park to the south, and Atlantic Avenue to the west.The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. The subject property lies along the Atlantic Avenue Corridor,which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable,vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit, labeled Space D30 on the fourth floor of the attached parking deck. According to City of Virginia Beach Ordinance, Appendix A,Article 23,Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties,the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Bases Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom,therefore only one parking space is required for the entire unit. Jennifer&Joseph Bailey Agenda Item 20 Page 4 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 303 Atlantic Avenue, Unit 1404 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. The dwelling unit shall comply with all required Fire and Building Code requirements. 4. 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. 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. Jennifer&Joseph Bailey Agenda Item 20 Page 5 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. 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. 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. Jennifer&Joseph Bailey Agenda Item 20 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022, and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 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 August 12, 2022. Staff received one letter of opposition to this request from a neighbor in the building. Jennifer&Joseph Bailey Agenda Item 20 Page 7 Site Layout & Parking Plan it ' ,.....--- • g------- 0,- i , 1110 ___. v.... .. r'''tispir- ,,, ot,, ,,,- ....-•••• t . .04. IF %411111 .-............".% Vt. :4 • -. - . 1 % •, 1 .,, all 0, • \ 6 ' it7 / ' • ..;.- i , i4k-- • • , t ,_ . . ....„,... . _., ....A. ...5i‘ . _ie.... . (--1 • • tr .: tits". ...,.. 0!,' z r1 so e , it 101 ''' ,. . 1 .:::„ , • 1 „2„. , _...... • . \ -•4' ' ,,._,, , •1/4 . ..----- , 'e." - , • ,,, \ , _.... , ....„..... . r q : . , -,to • • _ ... ,,, ,, .i. , AO kk: • _ s e s,.... ........' 4. - f i ir .. .,, , , ‘ *gig . ,, A k \. . ef-04, wir v„4-,, F. 4,--, ..,---. __-. • .. , ,,. ri '-: , * ' %Pos*".r--'-. ' - • •. . . 4, ' .. . - A . ; ..., . 1' Itc:14.4 : 041. 111' .. ,. ._, IP . 0 \ "'• \* ' ' , , . • ,-' -;e'lit - ' 11111.17r\ . . ,:41. •• .i., i_,. ' . •. - ,, . ., 111011/4 , . — 1 1 oi . -..„..... . li • One Assigned Space in Parking . . _ ...„...:-...„ . -,‘ Deck ,.......... is 1 • • Historical Exemption to ,L Requirements; Only One Space Needed i 41111111.•:111111111111111111 , • eillille ilk i - • •-Ali - u , Jennifer&Joseph Bailey Agenda Item 20 Page 8 Site Photos 4- ..,..--, .._._......,,--,:- %IP :! 1111101 -.1 a ill a a . . ...„ ,.. . bit- • lai Ilkte , likk 11140 1 I I I I P I. •• s A. \-:- . ' It !Mir -7 air Il • : ' ea : I 1 ik a Ilk: I,e. r Miir1 .;.,,, . Igill 1 air . I i•i ii-./i . i.I...•tna,o.„-r. s ..1. - 7 11':r311i1e11liI1nP 1u1lkeiV1."ti.,1-A .1 -1 1w111,1itfttm•.l.u,..4mi., . , • . „„ _ 11 1 i 1.111 . , - , • _...,...,,- - . '7*-01tan. _ _ .....e.......,.._ .:-. ... . .:, = —i I.gia- 1 . ., 4,-0 D 28 . , . . „ • , 10 : -'1 ' I IIT II"I 31 11111 111 • 11-111'1-1 1..1 ii' 4 ......--..., _ -- . -.. . _.'• Jennifer&Joseph Bailey Agenda Item 20 Page 9 Disclosure Statement Disclosure Statement '.. Planning R Community 1A3D�eti•ektptlettt he disclosures contained in this form are necessa-y to inform pub)c 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 ceveloprrent 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 (cant IcIosure Applicant Name -n"i4Ae► 4 10 trt, 16ai it11 Does the applicant have a representative? �Yes ❑No •7 • If yes,list the name of the representative Margie Chapman contact phone number a 757?eg 2122 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes No • •yes •t the rames of all officers,directors,members,trustees,etc below. (Attach a list if necessaryl • f yes, ist the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) 'parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA Code 4 2 2 3101 ''Affiliated business entry relationship"means-a relationship,other than parent subsidiary relat►onsh+p,that a lists 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 contrdiing vwnri iii the uthei entity,vI is sllaivd IIid%Agtn.isO.l tr LUIIIIUI tIitWersi the business entities. Factors Mal should be considered in determining the existence of are affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities*See State and Local Government Conflict of Interests Act,Va Code 4 2 2 3101 1IP,tr Jennifer&Joseph Bailey Agenda Item 20 Page 10 Disclosure Statement Disclosure Statement PiaMang a(..-unununity .�.x Development Known Interest by Public Official or Employee Does an official or employee of the Utyd Virginia Beach have,it irt crest 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 I Does the aI pl cant have any existing financing(mortgage,deeds of trust.cross-coliaterahkation,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 No • if yes.identify the financial institutions orovrorng the service Select Portfolio Services Does the appacant have a real estate broke►/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 he a services to'accounting and/or reeparatvon of tas returns provided in connection with the subject of the appl cat►an or any business operating or to be.operated on the pto;ae' MI Yes 0 NO • it yes,identity the firm and individual providing the service t inda Hill.Director,the Archer Group d Does the appl cant have services horn a^architect/landscape architect/lard planner orovtded in connection with the subject of the application or any business operating or to be operated on the property,❑Yes No • if yes,identify the firm and individual providing the service S Is there any other pending or proposed purchaser of the subject property U Yes U No • if yes,Identify the purchaser and purchaser s service providers • Jennifer&Joseph Bailey Agenda Item 20 Page 11 Disclosure Statement Disclosure Statement11/3 •.' `•rig•germ Planning&Community Development 6 Does the applicant have a construction contractor it connection with the subject of the application or arty business operating or to be operated on the property'0 Yes ■No • if yet,identify the company and mdrviduai providing the service 7 Dots the applicant have an engineer/surveyo►/asewt in connection with the subfect of the application or any business operating a tc be operated on the property?❑Yes III No • It yea,identify the firm and individual providing the service 8 Is the applicant recenirig legal services in cornect,on with the subtect of the application or any business operating or to be operated on the property?0 Yes ■No • if yet,identify the firm and individual providing the service Applicant S.iznature I cent,teat all of the information contained in this Uisciosure Statement f orm 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 o•any public body or committer In connection with this application • aic�� / .4 c nifty Battey$ " Joseph Sauey a O.Jns I' Print Name and Tele 00 'PIA, d 0.?J GO /Ay* .2 02.? pate Is the applicant also the owner of the sublet property? U Yes 0 NO • if yes,you di,not nerd'u 61,out ti,r,iwnrr iirtirkiu;re statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and(sty Council meeting that pertains Cu the applications • ""3"`‘'''' pair 7/28/202 • """V"e I L- i Anthony Luckenbacn-Y Revised 11 09 2010 3 I a Jennifer&Joseph Bailey Agenda Item 20 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Jennifer&Joseph Bailey Agenda Item 20 Page 13 STR VICINITY MAP JENNIFER & JOSEPH BAILEY ava \ \ V4, ' Isows sue t 17 ath lick. .... *SW ,err411.119 Ili IS: •SigS° "IP co- --I" sii P, �r. \er ,\ + °rig 't iti ;5t r � Oat 0 attiiiti 1 ►ram ' ; see �rrr� • rrrrra. ._ ` 0 ,_i**a I at. . rto e t 1\11,0 - 1 1‘...... / 4 \i •" Short Term Rentals A \, STR Permits _,. /hb . , / 0 CUP Status 1‘ ,,,/ Approved :411# III • Denied 'N/ Oil Under Review iippA,_ ,,,, ibp ip II III ill Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 20 Jennifer & Joseph Bailey [Applicant & Property Owner] Conditional Use Permit [Short Term Rental] Addresses:303 Atlantic Avenue, Unit 1404 RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. Agenda Item #20 Jennifer and Joseph Bailey, short-term rental at 303 Atlantic Avenue Unit 1404. Please come forward. State your name for the record please. Ms. Chapman:Margie Chapman, property manager at Berkshire Hathaway. I'm here to represent Jennifer and Joseph Bailey, and we accept it. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Oliver to please read this. Ms. Oliver: This applicant is requesting to operate a two-bedroom 943 square foot short-term rental in the Dolphin Run Condominium Tower located at 303 Atlantic Avenue unit 1404. It meets the requirements, the City Ordinance for short-term rental and therefore we've put it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think,there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items #18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15,and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner ABSENT CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1404 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. The dwelling unit shall comply with all required Fire and Building Code requirements. 4. 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. 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 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. 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. 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. Levi A. Luckenbach From: patrick brannac <pgmbrannac81@yahoo.com> Sent: Thursday,July 7, 2022 11:01 AM To: Levi A. Luckenbach Subject: Strong objection to short term rental of 303 Atlantic Avenue Dolphin Run Condominium 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. Levi Luckenbach, I strongly object to short term rentals of Dolphin Run Condominium. Running this condominium like a hotel increases maintenance of the condominium enormously which will increase the condo fees , cause excessive wear and tear , and prevent many owners from enjoying the quiet peaceful condominium as it is now. I am the owner of unit 1203 and I do not approve of short term rentals. If you need to contact me by phone my number is 717-860-9064. My wife Merete's number is 717-830-9223. I will be unable to attend the hearing in person. Kind Regards, Patrick G. Brannac, M.D. OR 1 OR\ et 40 stye \ ) 1. e v. / Ii 1, -pip 7 I , ,•••' YA , \%' \ ! GRAM i OR i /13 ' /OR treat NI" 3rd S, / v., / ..Oil / l / _ ___--- _ - -'eir t S d Stye is 3r _ \ OR N rA Site w (4& „ Property PolygonsN i kola Georgiev __ VA P Y s Zoning 303 Atlantic Avenue, Unit 402 Buildingsiicii - olo Feet 0 1530 60 90 120 150 180 r'tyLi 1- sj eft CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NIKOLA GEORGIEV [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue Unit 402 (GPIN 24273224032440). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: August 16, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom, Short Term Rental within the Dolphin Run Condominium. According to City records, the Dolphin Run condominium tower and parking garage were constructed in 1975, with approximately 110 units, many of which are occupied with transient lodging. According to the Applicant, this property was not used for Short Term Rental purposes prior to July 1 , 2018, and therefore is not Grandfathered for such use. The property is registered with the Commissioner of the Revenue as a Short Term Rental as of April 2022. There are not past violations for Short Term Rental Use associated with this property. Known Short Term Rental activity as of July 26, 2022: • Conditional Use Permit Application Intake Date: May 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: N/A • There have been no documented stays nor have any lodging taxes been paid to the Commissioner of Revenue • Considerations: The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort-oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit. According to Section 2303 (b)(a)(ii) of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not Nikola Georgiev Page 2 of 5 experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom, therefore only one parking space is required for the entire unit. Staff received one letter in opposition noting concerns that the use will increase condo fees and will require additional maintenance in the common areas. It should be noted that the letter of opposition was received from an existing condominium owner that is currently operating an STR without the appropriate approvals. 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. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. A letter of opposition was received about the request. • Recommendation: On July 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, with one abstention, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 402 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. a) The dwelling unit shall comply with all required Fire and Building code requirements. 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 Nikola Georgiev Page 3 of 5 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 Nikola Georgiev Page 4 of 5 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 for every seven (7) consecutive days. 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 Nikola Georgiev Page 5 of 5 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 Letter(s) of Support (1) Letter(s) of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department0 City Manager:pit Applicants & Property Owners: Nikola Georgiev Agenda Item Planning Commission Public Hearing:July 13, 2022 City Council District: District 5, formerly Beach 21 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation `\.‘5". pve y Approval t . e°— ;- t Pinewood Drive i_ t e Norfolk Avenue h Staff Planner ---'- "` '` �� �` lel Brandon Hackney --` O v----Suertl-: � � ::::\Location9 �303 Atlantic Avenue, Unit 402 A ist�"` 1 f - 1� a as�6t ' I GPIN _ - 24273224032440 1--'' ,L-- � QoQP'a�/ Site Size �o o., a It 45,000 square feet �� � 02`� Is �£eater Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North •` • • 4th Street (Connector Park) ., �i 1Multi-Family Dwellings/OR Oceanfront Resort '6 1,. South D , ' 3rd Street (Connector Park) L4th a Hotel/OR Oceanfront Resort '� 5 East )r? :1 Dd � 1 Boardwalk 'k Atlantic Ocean, Beach t,` 3 1 West f/• ' • Atlantic Avenue Civic Use, Public Use/OR Oceanfront Resort tbaliks 5;0 ,-,: --'-'': '—#. f.. t!ty-v71 ( ' Nikola Georgiev Agenda Item 21 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this two-bedroom unit, located within the Dolphin Run condominium tower,was constructed in 1975. • Staff inspected the site on June 13, 2022 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • There are no past violations for Short Term Rental use associated with this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • The property is currently registered with the Commissioner of the Revenue as a Short Term Rental as of April 2022. • Known Short Term Rental activity as of June 24, 2022: • Conditional Use Permit Application Intake Date: May 1, 2022 • There have been no documented stays nor have any lodging taxes been paid to the Commissioner of Revenue. CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes—April, 2022 Nikola Georgiev Agenda Item 21 Page 2 Short Term Rentals in the Vicinity .....n \"-r; B ,---- ..?, r, ---411 )6 I '-e *Or-7- liel. A --- ill % • toe t\II\ IlkIlvt; L....x,.... ,,,,o5,- thst\_)_"Is Short Term Rentalsq�4*-4 t J. CUFF Status �� ` A•11014 ..7.0t A itt 14141 I, WI / !i Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 943 square-foot Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and Article 2300 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; historical exception made): 1 • Number of off-street parking spaces provided: 1 Nikola Georgiev Agenda Item 21 Page 3 Zoning History 4 # Request oR� 1 COA(Colocation of Antennas)Approved 02/20/2017 2 NON (Enlargement of Nonconforming Use)Approved a„,sue.' 04/12/2005 NON(Enlargement of Nonconforming Use)Approved 01/12/1993 ,. � 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 OR5 MOD(Modification of Conditions)Approved 02/14/1995 OR STC(Street Closure)Approved 02/09/1993 MOD(Modification of Conditions)Approved 06/23/1992 CUP(Outdoor Recreation Facility)Approved 05/26/1992 3T3 0 -10Stme CUP(Outdoor Recreation Facility)Approved 03/24/1992 oR REZ(B-S to H-2)Approved 06/11/1984 • 4 CUP(Communication Tower)Approved 03/14/1995 5 REZ(B-5 to H-2)Approved 12/17/1984 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 Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower, along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. Being within the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is to be expected. 303 Atlantic Avenue, Unit 402 was constructed in 1975.The unit shares the parcel with other condominium units in the building, several of which have received approvals for Short Term Rental Zoning Permits.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4th Street Connector Park to the north,the 3rd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable,vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit, labeled Space A25 on the first floor of the attached parking deck. According to City of Virginia Beach Ordinance, Appendix A, Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties,the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Bases Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom,therefore only one parking space is required for the entire unit. Nikola Georgiev Agenda Item 21 Page 4 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 303 Atlantic Avenue, Unit 402 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. a) The dwelling unit shall comply with all required Fire and Building code requirements. 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. Nikola Georgiev Agenda Item 21 Page 5 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 for every seven (7)consecutive days. 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. Nikola Georgiev Agenda Item 21 Page 6 Public Outreach Information Planning Commission • Staff received one letter of support and one letter of opposition for this application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022, and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 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 August 12, 2022. Nikola Georgiev Agenda Item 21 Page 7 Site Layout & Parking Plan w ...- yam'"- # 0- t ! 44{ } a r f ,,,,.,.„... i . `' ' , - 4 A . .3 I' . Ilk i -. .....--4110f i 1 5A \II , ‘0, ,t viiiiiIt At '. `. 00 ppp ;. v _:. __ ,„ _ , fr ' ' '- -•'OA , tin , • . . • 0 . ' :' \ \ .+.v"`i `` j 1, Iiili ilk?, , 7 I°. . 1.4, * . 1 illy, ' ' 'I°. A ta, e o - 4 ~.. . f., F , • One assigned space on first floor -1 -": a, , c 4 of parking deck—A25 1 _ -%ram' ,' - �,. • • Historical exemption to -f I - • requirements; only one space .;. t , �` needed � - Allir- ^ \ . • '. gattwrilli Im— .........etrowleto * —•■41:1111111,4 t 1 At • Nikola Georgiev Agenda Item 21 Page 8 Site Photos _e Itillir ill Roar a 1110 lip I • $ vow i • l fir • I. t - _A 117111:1114 I lair t ifir . E . I � jj 303 1 -k, , % - . .., #--,. - . ..., , . ..... _ .... .... --- 2 ....„.____I-t.:_.-- .f.; * i -y w J i: ..., - .�s�YlttlwwaRhawasv.-.s. dye • .. �_--- ( — ' I,4 ---„:7 - . Wp Tr 117- ,.7 1 1 r illf'l, -'-- IIIIII W. jj- .a;.7, Nikola Georgiev Agenda Item 21 Page 9 Disclosure Statement Disclosure Statement City of Virginia Beod 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 Nikola Georgiev Does the applicant have a representative? ❑Yes Mi No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes I No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary.or affiliated business entity'relationship with the 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. Revised 11.09.2020 1 I Nikola Georgiev Agenda Item 21 Page 10 Disclosure Statement Disclosure Statement 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?0 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 I No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 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 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑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 Nikola Georgiev Agenda Item 21 Page 11 Disclosure Statement Disclosure Statement City of Vuyinia Bauch 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?E Yes I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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?❑Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Nikola Georgiev Print Name and Title Nikola Georgiev Date May-25-2022 Is the applicant also the owner of the subject property? I Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications gie No changes as ofDate 07/26/2022 Signature A _1111 Print Name :randon Hackney Revised 11.09.2020 3 Nikola Georgiev Agenda Item 21 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Nikola Georgiev Agenda Item 21 Page 13 STR VICINITY MAP NIKOLA GEORGIEV f� , 'O , ity* „...., ,,,,..„ .„,:,, ,...,:. , cy,, ... .,,,, % _ '',:amikt% r' 1 ' I! VOIrC \,,, ".-, 1 • y ,, _ d I 4 _t t 1 , - ti co, 5 tt ,\-\ g-ii--1--' --Am '..J . / '\ ',------c--, ; ,-__. - t v--,-- ----. ,...3 , , \, i \__ , tiee- -,-,,-171-7Cafm----,7 - 1H0 L-,t-Nt-4\ tt-e----------i- ' ' 411' iV J , t ` ii. ti, � t � 1` ,, /• `1. ree3._____j ' ',, . , , n , . , s \ ,/,---, ,\, ,.,J,, __ N. __ , L. ,/ - -\, -\., i Short Term Rentals - f --- `--- r-,„ , . ,,,,---`n )--\ \\A \-\ CUP Status G ,4I - - ,_ •,,. 7/ •_ .,.. ,._ i_ ,it.... 1 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 21 Nikola Georgiev [Applicant & Property Owner] Conditional Use Permit [Short Term Rental] Addresses:303 Atlantic Avenue, Unit 402 RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next item is item #21 for Nikola Georgiev for short term rental at 303 Atlantic Avenue Unit 402. Please come forward. Madam Clerk: Mr. Vice Chair, he's also WebEx. Calling Nikola Georgiev, please pause two to three seconds while we unmute your audio feed, and then please state your name and if the conditions of your application are acceptable. Mr. Georgiev: Hello, this is Nick Georgiev. I accept all the conditions. Mr. Alcaraz: Is there any opposition this item being placed on the Consent Agenda? Hearing none, I asked Commissioner Oliver to speak on this. Ms. Oliver This applicant is requesting to operate a two-bedroom short term rental located in the Dolphin Run Condominium Tower at 303 Atlantic Avenue Unit 402 located in the Oceanfront Resort, short-term rental overlay district. It meets the requirements of the City Ordinance for short term rentals therefore the Commission has placed it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think,there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items #18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15,and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 9 . NAY 0 . ABS 1 . ABSENT 1 Alcaraz AYE Bradley AYE . Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner ABSENT CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 402 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. a) The dwelling unit shall comply with all required Fire and Building code requirements. 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 for every seven (7) consecutive days. 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. Oceans II-Unit 207 Conditional Use Permit P phra:ssetPanl coca 4 rasa • This email oieMrtek from outside of the City of Vkrkie W.A.Oe not dice knobs a open attachments 1.104f.you rewrite the soaker and know the canon Is see. Brandon Hackney Planning Department Virginia Beach.VA 23452 I,Linda Urgo,am the owner of an Oceans II Condo,4005 Atlantic Avenue.Unit 107 Virginia Beach,VA 23451,which is located below Unit 207 owned by Tom Cunningham. Torn Cunnigham has made me aware that he is applying for a Conditional Use Permit.subject to the ordinances adopted by the City of Virginia Beach regarding short-term rentals and I am sending this to indicate that I have no objection to him being approved for a Conditional Use Permit.which would allow him to rent out his unit on a short-term rental basis Tom Cunningham has always demonstrated a hands-on presence.attending to his unit like the valuable asset that it is Please feel free to contact me should you need anything further. Linda Urge Levi A. Luckenbach From: patrick brannac <pgmbrannac81@yahoo.com> Sent: Thursday,July 7, 2022 11:01 AM To: Levi A. Luckenbach Subject: Strong objection to short term rental of 303 Atlantic Avenue Dolphin Run Condominium 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. Levi Luckenbach, I strongly object to short term rentals of Dolphin Run Condominium. Running this condominium like a hotel increases maintenance of the condominium enormously which will increase the condo fees , cause excessive wear and tear , and prevent many owners from enjoying the quiet peaceful condominium as it is now. I am the owner of unit 1203 and I do not approve of short term rentals. If you need to contact me by phone my number is 717-860-9064. My wife Merete's number is 717-830-9223. I will be unable to attend the hearing in person. Kind Regards, Patrick G. Brannac, M.D. OR \o \R t hstree ree �, 4t i\ _/iti AO _,J ' \ \ i \ \ \ 7 , t , c'; 0 GR1OR a O R \TD cr' OR \ 4) treat Tr3rdS tot /' treet '� 4" --- rd s _ ---- ,. OR v.. 3 'T 0'R \ \ ,n , �� Site w 4, I: Phillip A. Fletcher `' Property Polygons s Zoning 303 Atlantic Avenue, Unit 1400 Building Feet 0 1530 60 90 120 150 180 rf.,.,,,,,,,,„ c , (4, ,L r, .„i 4`%.,..,,,,,_, h., 4-sf; CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: PHILLIP FLETCHER [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue Unit 1400 (GPIN 24273224032440). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: August 16, 2022 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom, Short Term Rental within the Dolphin Run Condominium. According to City records, the Dolphin Run condominium tower and parking garage were constructed in 1975, with approximately 110 units, many of which are occupied with transient lodging. According to the Applicant, this property was not used for Short Term Rental purposes prior to July 1 , 2018, and therefore is not Grandfathered for such use. The property is registered with the Commissioner of the Revenue as a Short Term Rental as of August 2020. There are no past violations for Short Term Rental Use associated with this property. Known Short Term Rental activity as of July 26, 2022: • Date Rental Listing First Advertised: March 11, 2020 • Rental Listing was removed April 30th, 2022 • Conditional Use Permit Application Intake Date: May 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: N/A • Documented stays registered with the Commissioner of Revenue: • May 2022 — 10 • June 2022 - 12 • Considerations: The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort-oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more walkable, vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. Phillip Fletcher Page 2 of 5 There is one assigned parking space associated with this unit. According to Section 2303 (b)(a)(ii) of the Zoning Ordinance, "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom, therefore only one parking space is required for the entire unit. Staff received one letter in opposition noting concerns that the use will increase condo fees and will require additional maintenance in the common areas. It should be noted that the letter of opposition was received from an existing condominium owner that is currently operating an STR without the appropriate approvals. 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. • Recommendation: On July 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, with one abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1400 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. a) The dwelling unit shall comply with all required Fire and Building code requirements. 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 Phillip Fletcher Page 3 of 5 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 Phillip Fletcher Page 4 of 5 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 for every seven (7) consecutive days. 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 Phillip Fletcher Page 5 of 5 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 Letter(s) of Support (1) Letter(s) of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: Phillip A Fletcher Agenda Item Planning Commission Public Hearing:July 13, 2022 IN/I " City Council District: District 5,formerly Beach 22 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation s�, � -- %\ l.a►keOr've Approval 2 D �2 pinewood Drive -—► N orl 01 kAve nue 9o,Street Staff Planner i Brandon Hackney — Or!` Location ® gos'. 303 Atlantic Avenue, Unit 1400 d — ,�ti _"1°` c • e --- 1-- see GPIN -'3�, 24273224032440 �. �",a(� �— ( le -/ Site Size ,� _- .� G �o ,r 45,000 square feet Boa e s� I - . h 0 d` Q Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North ' Mdialif 4th Street (Connector Park) .b ' Multi-Family Dwellings/OR Oceanfront Resort r . South 3rd Street (Connector Park) \ w/ „t6ect Hotel/OR Oceanfront Resort ''' �{- East i jr, `` le $ ;,x Boardwalk _-" /', '' -t. ` ' Atlantic Ocean, Beach :: ,. 41 It West �' Atlantic Avenue ,' e� ir (1. _ Civic Use, Public Use/OR Oceanfront Resort 3dst .1,,,,,,:t* v:ii* ♦ � _ yr ' :.. 1,4 . .It gam` Phillip A. Fletcher Agenda Item 22 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom unit, located within the Dolphin Run condominium tower,was constructed in 1975. • Staff inspected the site on June 13, 2022 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue. • It was determined that the applicant previously advertised and rented this property on a short-term basis, as shown in the table below. The issuance of a Conditional Use Permit will rectify this issue of noncompliance. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • The property is currently registered with the Commissioner of the Revenue as a Short Term Rental as of August 2020. • Known Short Term Rental activity as of June 27, 2022: o Date Rental Listing First Advertised: March 11, 2020 o Conditional Use Permit Application Intake Date: May 1, 2022 o Rental Listing was removed April 30th, 2022 o According to Commissioner of Revenue,the unit had ten documented stays in May 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No May 2022 Yes—August, 2020 Phillip A. Fletcher Agenda Item 22 Page 2 Short Term Rentals in the Vicinity .76% II I 17jorti it- soy t1 ;10, ' th r e 111 Short Tenn Rentals ,,q L> , , **IF CUP Stttus • 111 ! I l J Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 943 square-foot Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and Article 2300 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 • Number of off-street parking spaces provided: 1 Phillip A. Fletcher Agenda Item 22 Page 3 Zoning History 4 OR # Request 1 COA(Colocation of Antennas)Approved 02/20/2017 2 NON(Enlargement of Nonconforming Use)Approved sus.' 04/12/2005 NON(Enlargement of Nonconforming Use)Approved 01/12/1993 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 MOD(Modification of Conditions)Approved 02/14/1995 I OR /� STC(Street Closure)Approved 02/09/1993 MOD(Modification of Conditions)Approved 06/23/1992 CUP(Outdoor Recreation Facility)Approved 05/26/1992 T3 or CUP(Outdoor Recreation Facility)Approved 03/24/1992 r REZ(B-5 to H-2)Approved 06/11/1984 3 4 CUP(Communication Tower)Approved 03/14/1995 5 REZ(B-5 to H-2)Approved 12/17/1984 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 three-bedroom Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower, along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. Being within the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is to be expected. 303 Atlantic Avenue, Unit 1400 was constructed in 1975.The unit shares the parcel with other condominium units in the building, several of which have received approvals for Short Term Rental Zoning Permits.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4th Street Connector Park to the north,the 3'd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. The subject property lies along the Atlantic Avenue Corridor,which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination,affording a more walkable,vibrant, engaging community at the Oceanfront Resort. The use of the dwelling as a Short Term Rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit, labeled Space D25 on the first floor of the attached parking deck. According to City of Virginia Beach Ordinance,Appendix A,Article 23, Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties,the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Bases Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom,therefore only one parking space is required for the entire unit. Phillip A. Fletcher Agenda Item 22 Page 4 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 303 Atlantic Avenue, Unit 1400 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. a) The dwelling unit shall comply with all required Fire and Building code requirements. 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. Phillip A. Fletcher Agenda Item 22 Page 5 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 for every seven (7)consecutive days. 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. Phillip A. Fletcher Agenda Item 22 Page 6 Public Outreach Information Planning Commission • Staff received one letter of support and one letter of opposition for this application. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022, and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 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 August 12, 2022. Phillip A. Fletcher Agenda Item 22 Page 7 Site Layout & Parking Plan .------ g_____—.- , fipto - , ill viiit 4 4 14,i' 10 i ' , V, 1 -- ,max ,,, . �t # . • 7 , , ''. \II t • { 1 1 Ilk_ I,. L I $ t.f -- ..,,, ''' / f'') \ 1,,Pfi • ? •• fd ' ' ,� • - \ — ► .•/ Y '°0 ' — a i " t ► 14 1 1 ! t •* itist t •' '..- Int \ look_ t vat ,4 . kr .. vii — _• § _ ,, , '01...—" ' '11' 1° - 01' e • .. 1 , . k • . ' .. •ili. ._ . - . f,,,, -., . • * . ,, r \ miiiiii. I‘ ' -44i? , t ir'', , 411 ... t '�;. ' 4. •-/ 'IC . - 11P; • One assigned space on first floor r vi ,,-' of parking deck-D25 ,��_ '� .: a • • Historical exemption to ¢ ,� ; �`' _ . requirements; only one space needed �° - _.....:Isiti* ,-2 ilk i , Phillip A. Fletcher Agenda Item 22 Page 8 Site Photos - iiiip,,,..., \ • • \ \ t ,-1, • • ; \ / /r VAN IP. Iig MI I • ' • 1 g WI I air • • c ♦u,llrenst ! Ineammus t• ii • Jn� l� �! r!. i. Sx - `-- , ' ow • 1 I--._, / , ; r—i-------i 4_0 i 111 iw 'i ' w ' i 11 . 0 / 1 1 Lw s..!/ I l w • , " h.„.;1•100, lits . . , Ala lag 1161116 I L- - - i'lk .4"F . ' 4 3 ti' 4 t 3 A ! ` q t L 4"��Sir�ifif,1If f .ktVlp �q tt,y, r 11t L1!l: 7i . :3 •- 'cr• ^Y .ram Phillip A. Fletcher Agenda Item 22 Page 9 Disclosure Statement Disclosure Statement Na3 City af Virginia Bad ispammr, Planning&Comity 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 PHILLIP A FLETCHER Does the applicant have a representative? ❑Yes II No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes IN No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(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 F rr Phillip A. Fletcher Agenda Item 22 Page 10 Disclosure Statement Disclosure Statement Ahvi3 Planning&Communit} 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 INNo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coilateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. Fay Servicing 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 Allison James Estates&Homes of Virginia,LLC,Joseph Quinn,Broker 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. Timothy Sidow,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?❑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 11'a g Phillip A. Fletcher Agenda Item 22 Page 11 Disclosure Statement Disclosure Statement ViVirtila Saki 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 III No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes it No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Phillip A Fletcher Print Name and Title PHILLIP A.FLETCHER,Owner Date,�/3/c?cp.. 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 Date 07/26/2022 �„tur` �� ra No thanes as of � lMot Mame iINam' Brandon Hackney Revised 1109.2020 Wag Phillip A. Fletcher Agenda Item 22 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Phillip A. Fletcher Agenda Item 22 Page 13 STR VICINITY MAP PHILLIP FLETCHER 1, , y i 1 `� 1 � I 1i. � r� 1 çi 1l , Iy 1`A J ~I rii J _I 1 ' 1} \\ i 1 /� I y 11r1 (...Atv... y co 5 1 = I l /► � \ 1 --,1 -\,_ i \ , ,,A ,cla.„5,,,, ,, intrik _---- -----,T, ,,, r.,.............1 6 . _ i AFL 1 '1 \ i I! �11•�•t } 1 ' �I L ,I I ra 1 1 '` If 11 I I t, '\ 1 1 `, It -------siree 1` ;, 2.1 , f \J1,' Short Term Rentals ti., , . .,._ CUP status,,, 0 •=,___,._ ., „ ., /// \ A ,•,. ,_ a „Rpm . .. . ..., _ . _ . .. 'r�441,'s'Akil,ii ,11-wirio• \ ., _ _ fi,... , Is. Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 22 Phillip A. Fletcher [Applicant & Property Owner] Conditional Use Permit [Short Term Rental] Addresses:303 Atlantic Avenue, Unit 1400 RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you.And the last item for consent is item#22 for Philip A. Fletcher, for short- term rental at 303 Atlantic Avenue Unit 1400. Please come forward. State your name, sir for the record. Mr. Fletcher: Phillip Fletcher. Mr. Alcaraz: Thank you. Do you accept the conditions? Mr. Fletcher: Yes, I do. Mr. Alcaraz: All right. Thank you may be seated. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Oliver to please read this for the record. Ms. Oliver: This applicant is requesting to operate a three bedroom short-term rental located within the Dolphin Run Condominium Tower on Atlantic Avenue 303 Unit 1400. Located in the Oceanfront, short term rental overlay district. It meets the requirements of the City Ordinance for short term rental and therefore the Commission has placed it on the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think,there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items #18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15,and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner ABSENT CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1400 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. a) The dwelling unit shall comply with all required Fire and Building code requirements. 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 for every seven (7) consecutive days. 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. 2022 Board of Directors rIjk:DOLPHIN RUN President Rob Mills Dolphin Run Condominium Association,Inc Vice President Eugene Naughton 303 Atlantic Ave. Treasurer Joyce Holloway Virginia Beach,VA 23451 Secretary Tom Cuneo (757)425-6166 Connie Witte Wayne Reeves Regina Cummings Fletcher J DATE: May 27,2022 TO: Virginia Beach Zoning Department—STR FROM: Brianna Mickens, Dolphin Run Condominium Association Rental Manager SUBJECT: LETTER of SUPPORT for DOLPHIN RUN-UNIT 1400 As the Rental Manager for 40 units within the Dolphin Run Condominium Association (DRCA), I head a staff that provides management and oversight to the units participating in the In-House Rental Program. Unit 1401 is one of the participating units and is adjacent to Unit 1400. The owners of Unit 1401 live out of the area, and have authorized DRCA,the exclusive right to represent them in managing their property and rentals. In my capacity of representing Unit 1401, as well as an employee of Dolphin Run, Unit 1400 has our complete support in obtaining the Conditional Use Permit. Although we cannot speak to the management and oversight of any unit not participating in our program, I can comfortably state that the city of Virginia Beach would have minimal concern regarding the operation of STRs my staff and I manage and support. Located in the Virginia Beach Oceanfront Resort Area, DRCA consists of 106 units of 1, 2, 3- bedroom units and 4 two-level Penthouse units overlooking the Atlantic Ocean and Rudee's Inlet. Built in 1975,the 110-unit condominium building is 16 stories high and also includes office space, conference/board room with small kitchen, a large lobby area and a front desk(similar to that at a hotel) that assists owners,guests,visitors and renters Amenities include an inground swimming pool,an exercise facility, roof-top terrace and storage areas for luggage carts. DRCA is both a residential and short-term rental facility that allows owners to occupy their units, rent them, or both. Because of its unique function as both a condominium and hotel, DRCA is somewhat of an anomaly in Virginia Beach. It has been home to many vacation travelers for several decades. Most condominiums disallow or strictly monitor long-term rentals for financing purposes and prohibit short- term-rentals. Very few encourage rentals of less than 30 days and hire staff to manage them. DRCA hires in-house rental management support staff, including the Rental Manager,Association/Owner Services, Reservations staff, Administrative personnel and Maintenance technicians. We have operated as a condominium hotel/short-term-rental facility for more than 40 years, and our governing documents specifically allow owners to rent their units to individuals for a minimum of 3-nights. Because the rental program generates income to assist with the maintenance of the building, it is a significant part of our operations. One main advantage is our location: we are in the Oceanfront area and more than 90%of our neighbors are motels, inns, hotels,timeshares, shops, restaurants and parking facilities that either engage in, or contribute towards the success of short-term-rentals. In closing, again Dolphin Run is in total support of the CUP for Unit 1400 and any Dolphin Run unit which it represents. We would also like to work with the city to ensure that all DRCA rental units comply with city guidelines and to streamline the permit approval process for in-house participants. Levi A. Luckenbach From: patrick brannac <pgmbrannac81@yahoo.com> Sent: Thursday,July 7, 2022 11:01 AM To: Levi A. Luckenbach Subject: Strong objection to short term rental of 303 Atlantic Avenue Dolphin Run Condominium CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you i recognize the sender and know the content is safe. Dear Mr. Levi Luckenbach, I strongly object to short term rentals of Dolphin Run Condominium. Running this condominium like a hotel increases maintenance of the condominium enormously which will increase the condo fees , cause excessive wear and tear , and prevent many owners from enjoying the quiet peaceful condominium as it is now. I am the owner of unit 1203 and I do not approve of short term rentals. If you need to contact me by phone my number is 717-860-9064. My wife Merete's number is 717-830-9223. I will be unable to attend the hearing in person. Kind Regards, Patrick G. Brannac, M.D. 1 OR .�� treat lsts - OR 2 � _,-- :\:['epet° _- �, h 1 0 2-:\ 1 OR , 0 \ \ � � ID _, , eat � T , \ ,, , , ,,,.. \ 0 116 Ilk .._.,__ 20 TIlli II '' ,R e �. O R �� -�h str _at -- \‘. cv ---2� stree\ \ t " OR 20 a 4, , 'V:_: \ , IP - OR `, QV \01-R-U\ \ a• o \OR\ _. Si\ AA__ \, rA Site w Abi. ,, Property Polygons Lori & Stuart Goldwag -�'� Q Zoning 2002 Baltic Avenue Building Feet 0 1530 60 90 120 150 180 ^"mil!` 4 i. 1\j5), CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: LORI & STUART GOLDWAG [Applicants & Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 2002 Baltic Avenue (GPIN 24270719110000). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: August 16, 2022 ■ Background: The applicant is requesting to operate a three-bedroom, 2,472 square-foot Short Term Rental in a single-family residential dwelling along Baltic Avenue. 2002 Baltic Avenue is a single-family home constructed in 1959. The parcel is zoned OR Oceanfront Resort and is within the Oceanfront Resort Short Term Rental Overlay District. The lot lies on the northwestern corner of Baltic Avenue and 20th Street. The surrounding area is a mixture of single-family dwellings, duplex dwellings, multi- family dwellings, commercial offices, commercial retail, and other resort-oriented uses. Two previous Conditional Use Permits for Short Term Rentals at this location were granted based on a proposal to redevelop the site with a duplex structure. The applicant is seeking an additional Conditional Use Permit to operate a Short Term Rental in the existing single-family structure, which is currently leased to residents on a long-term basis. According to the applicant, this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not considered Grandfathered for such use. The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. There are no past Violations for Short Term Rental use associated with this property. Known Short Term Rental activity as of July 26, 2022: • Date Rental Listing First Advertised: N/A • Conditional Use Permit Application Intake Date: May 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: N/A • 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 serve as a Lori & Stuart Goldwag Page 2 of 5 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 site's mature trees afford vital urban greenery, while the the quaint mid-century architecture and the structure's human scale does not directly conflict with the intended goals of the Oceanfront Resort District Form- Based Code Design Guidelines. Additionally, the proposed use would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations, the use of the single-family dwelling as a Short Term Rental is consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and residents alike. Parking is provided via the driveway and the attached private garage at the side, fronting 20th Street. The garage is utilized for one of the three required spaces, with the other two located in the driveway. 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. • Recommendation: On July 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, with one abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 2002 Baltic 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. 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. 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. Lori & Stuart Goldwag Page 3 of 5 6. 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. 7. 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. 8. 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. 9. 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. 10.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. 11 .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. 12.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. Lori & Stuart Goldwag Page 4 of 5 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.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. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.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. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.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). 19.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 Lori & Stuart Goldwag Page 5 of 5 prescribed by the Planning Department and shall be provided during the yearly permit process. 20.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 Depa a Agency: Planning Department City Manager: Applicants & Property Owners: Lori & Stuart Goldwag Agenda Item Planning Commission Public Hearing:July 13, 2022 City Council District: District 6,formerly Beach 19 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation -soh.aryF q° ze"• Approval �o� g6th steel. 1 2500 Or 25th street t\ e _ 24th Hall 5" 2 Staff Planner 41fi / -e 240 Stre�� q 23rd street Levi Anthony Luckenbach T. -- a st�e� ra Str,,P1 23rd Sheet 9 i Z2r.d 22nd Street q Location \ 3 2002 Baltic Avenue r _.— d 2,itstreex„ ,st-e Beet r v, 2Qta1 A e GPIN 0 24270719110000 teat '� i '18th� 11 StRet levard • a ve9 n a Bea eon Site Size t 16tn ghee 6,978 square feet _ \ —\- == et y ~A ;' .,\re' cm. ,41 street rttey �..oet Existing Land Use and Zoning District Single-Family Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Single-Family Dwellings OR Oceanfront Resort _ ,F. — '--1 g Y g / -..� r . South x- -4 , -- 1. , ` , 20th Street ' b. t� ,. Single-Family Dwellings/OR Oceanfront Resort si_ .- > .' �-' - - 1 3�. East _ -� - '' Baltic Avenue - `• E� Single-Family Dwellings, Multi-Family Dwellings ~ /OR Oceanfront Resort West Duplex Dwellings/OR Oceanfront Resort - r - m al , :I r..._.,%. . •i N.... .,, ::, -.----;:,‘ s • • �:,. IL- Lori &Stuart Goldwag Agenda Item 19 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,978 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 1959. • Staff inspected the site on June 13, 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 associated with this property. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018, and therefore is not considered Grandfathered for such use. • The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. • Known Short Term Rental activity as of June 27, 2022: • Conditional Use Permit Application Intake Date: May 1, 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Lori &Stuart Goldwag Agenda Item 19 Page 2 Short Term Rentals in the Vicinity lY - — 1. V--.. l 1 ^` - ' I, ice"- 1 ,1 \ 6\ + :5 ,cN r \L1\\ free a t__-ri___--, -1---, 71.- Vi \� l�ip� �� ` ire.: "AI-. ___- ,c- - 1--,:\- __Ut am* 07.:,--0111 \ ...e :-Ai VA-----A \ gp, 17_2,- am ''',. _111 re -11_. -_\OV `'. 4 iv `°\.-1f_.. `�� • It1 ,, „116:00271"-*---yegit,... til ' ----- VIC ---- y 11 - 1 _ 1 .� t cc'C., _ \gt ' % 1 Or... . % I iiii _ --lir 1 A Short Term Rentals ~) t :' �' �,,-.- CUP stabs � :1�- ` ��L- .011 __ - el • -\�i �aC 1 J % `\ Se i Yi9ltr► A �� Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a three-bedroom, 2,472 square-foot Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 and Article 2300 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 Lori &Stuart Goldwag Agenda Item 19 Page 3 Zoning History -40R # Request OR V 1 ALT(Special Exception to Form-Based Code)Approved 08/17/2021 5, Zplh�1f Street `� 2 CUP(Short Term Rental)Approved 10/20/2020 7 CUP(Short Term Rental)Approved 10/20/2020 3 CUP(Short Term Rental)Approved 06/09/2020 1\ \ CUP(Short Term Rental)Approved 06/09/2020 � 4 SVR(Subdivision Variance)Approved 09/06/2016 5 ALT(Special Exception to Form-Based Code)Approved somas"'°f 06/07/2016 --\ 6 ALT(Special Exception to Form-Based Code)Approved • 10/08/2013 o , SVR(Subdivision Variance)Approved 10/08/2013 1- 7 ALT(Special Exception to Form-Based Code)Approved 05/14/2013 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 three-bedroom, 2,472 square-foot Short Term Rental in a single-family residential dwelling along Baltic Avenue. The parcel is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, where Short Term Rental use is to be expected. 2002 Baltic Avenue is a single-family home constructed in 1959. The lot lies on the northwestern corner of Baltic Avenue and 20th Street. The surrounding area is a mixture of single- family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, and other resort- oriented uses.Two previous Conditional Use Permits for Short Term Rentals at this location were granted based on a proposal to redevelop the site with a duplex structure. The applicant is seeking an additional Conditional Use Permit to operate a Short Term Rental in the existing single-family structure, which is currently leased to residents on a long-term basis. 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 site's mature trees afford vital urban greenery,while the the quaint mid-century architecture and the structure's human scale does not directly conflict with the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally,the proposed use would further diversify lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Given these considerations,the use of the single-family dwelling as a Short Term Rental is consistent with this Gateway's purpose to create a sense of welcome and arrival to tourists and residents alike. Parking is provided via the driveway and the attached private garage at the side,fronting 20'Street.The garage is utilized for one of the three required spaces, with the other two located in the driveway. 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. Lori & Stuart Goldwag Agenda Item 19 Page 4 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2002 Baltic 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. 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. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. Lori &Stuart Goldwag Agenda Item 19 Page 5 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. 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. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. 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). 19. 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. 20. 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. Lori &Stuart Goldwag Agenda Item 19 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022, and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 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 August 12, 2022. Lori &Stuart Goldwag Agenda Item 19 Page 7 Site Layout & Parking Plan ice` i I j ' 1`1 ' .r.ac I AN,' 1 l - •t...' •• i`I 7. w• Tr • +II• ,I t 1 . ice' t � _ t t t Wt .-f' a+r+t I S. iIM J!i9.• •- • • all[3 . ,VVrr ,• 11 f 4 M r `1*` ... - ; 3 t t:jet i`:a•`. ♦*.-^s.Y';' *I. I fir. • 11 e ' ..,,,,, '. \ ..... • . '`..., i r.' \1-- .i f t c 1(U1�11 1 • t ;II I \ f ! 6 11 I \ • i f • , v • � tnr . ° L. 11 wile I \i' e- ,t."...r •••-•..... ...... If • tIiji ii S .ik '''''‘-.g....1 :ratirrei-... g !. ,� � r .»mow �t�• i #^' +� r �" i;`' r%a. �T1T1t _ ± I ill ) ............:.....r....7.............\fl;' . M HSTREET "'�` \ lI1T A;; 11 \� II • 3-Bedroom Home • 2 Parking Spaces in Driveway • 1 Parking Space in Garage Lori &Stuart Goldwag Agenda Item 19 Page 8 Site Photos ,.._ ,.....„- • . ...-. ,„.:ts, , . ,,, - ...:-,,„.......':;w4A, "it,,!1.., . ,, �,�'04 • ; I. •iiiii, N t _ ,j f*. -' ;fit,.• \ t�±��ti +( SS . -,r . - AilAX . 4 53: . __,__ ix , Fir,•7--,-„- - , ., ffill- ' ..., , :,.., ...;..it. :.:‘,..1. . - -1,7, - __ , mini iiiiiii •. 1 A i t • _A - .... . I iiim . _ +w4a t 14-of{ t\ 4l c'51'.4` N • 1 es t i-------- 4 PPE 1 .- - - ®�■I r ' I P`•'s . r1rx \. . , � '- t 4L ;N4.; #t * :" 'n ' ; a __ � J.:. t !! \ . ::: Lori &Stuart Goldwag Agenda Item 19 Page 9 Disclosure Statement Disclosure Statement Planning&(.omrnttnit) Ik relrtpntent 1 he disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Lor &Stuart Goldwag Applicant Name — — Does the applicant have a representative? I 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 • f yes,list the names of All officers c ii.c tors members,trustees,etc be ow {Attach a 1st rt necessary • if yes,list the businesses that have a parent subsidiary•or affiliated business entity relationship witi the app'cant (Attach a list rf necessaryl -Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting powe►of another corporation" See State anc 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,(n)a controlling owner in one entity is also a controlling owner in the other entity,or(iiil there is shared management or control between the business entities Factors that 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,resource's or personnel on a regwar 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 e Lori &Stuart Goldwag Agenda Item 19 Page 10 Disclosure Statement .143 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 U No • It yes,what is the name of the official or employee and what is the nature of the interest? Appi wi t 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 applri.Sion c:r any business operating or to be operated on the property ❑Yes ■No • If yes,identify the financial institutions providing the service Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • 'f 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 w th the subject r f the application or any business operating or to be operated on the property?❑Yes a No • If yes,identify the firm and individual providing the service 4. Does the applicant have services from an architect/landscape architect/land planner provioed in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the firm and individual providing the service 5 Is there any othe,pending or proposed purchaser of the subject property?❑Yes le No • If yes,identity the purchaser and purc'racer's service providers Lori &Stuart Goldwag Agenda Item 19 Page 11 Disclosure Statement Disclosure Statement Planning&Community Deveiopment 6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service 8 Is the applicant receiving legal services in connection with the subject of the application or any business operating or to he operated on the property?❑Yes i No • If yes,identify the firm and individual providing the service Applicant Signature certify that ali of the infor-na:iron 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,CSPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature L-004___GSLI.41 44/ . Print Name and Tide %7/1 7 JCR°a-a., Date Is the applicant also the owner of the subject property? ®Yes 0 No • If yes,you do not reed 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 •4 r a chnw.a"a oar! 7/28/2022' canan" Print Now Levi Anthony Luckenbach 1109.2020 Lori &Stuart Goldwag Agenda Item 19 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Lori &Stuart Goldwag Agenda Item 19 Page 13 '. \-'1A tt \ -- V---\ ---- \p‘Z ‘e -------..s- '. '---\ \, ' - .-1W \' - -_---- 1------\,t_l _ ---1)(it - q- .::' nu,_-------1--- -_ _ _ _ y _--4 \1 ' __--.-•'--'-'-- 't VAT) =' -T.-- e. \\,, • t4 \ _____ 1 4 . --..___-____Ai___i `!K - --t--� A\_ V. H ecr \ it, ; .... vos , .____)__. .., _-\-L-s---___ :1'" V::: ' .f.)-'. - .-- - , , ----1 t__:„,,- , , -_ . Ile.:,aiti-___-,- ,,\ .A - : >-, `/ f� \- _...-D, r . .,. , .--_-__\ Si,:ilk --1 \ . _ V, 011111 %. .,.\1\e'tiu ___- .ib.S :::_-_-_\ . , , _ ,_ _ 1. ,_ r zcc _, \--_ ,_ ,,�_ _ -o��, _-- y, - - \ t it•)r- 1,,, \1 il, �� _0, rt.,tti S te- �T- -, 4-2.3) --It .tett•nero* .___-.. \---___-_A__---tn\ *' AD'-----Cfrj_-_----0 _ IT A A . \--- 0 *':, ____fl cs)\---___I-______:ot, ,.- ___ _ __-_,-i_i6.,-- ,--__-_\0 -_-:_-_-_-_ --Ill , _ it. .., C4 ___-A4 .---- ----n '1\ . . .V. O. --- ---Yi ' WIMP \ - -- -.. 121T 1 C' a) 1 , -- - - ssfik. 1 (1-'--\\:\ \ \ \,„ L a y a al c 1 _ A Ail 000 \ _.--- '. ........,------ , -, = 1. 11 i t r" r-^`� 1 1 ) l 1 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 19 Lori & Stuart Goldwag [Applicant & Property Owner] Conditional Use Permit [Short Term Rental] Addresses: 2002 Baltic Avenue RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. Next item is #19, for Lori & Stuart Goldwag for a short-term rental at 2002 Baltic Avenue. Please come forward. State your name for the record please. Ms. Goldwag: Lori Goldwag. Mr. Alcaraz: Do you accept the conditions? Ms. Goldwag: I do. Mr. Alcaraz: Thank you, you may have a seat. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I've asked Commissioner Bradley again to please read this for the record. Mr. Bradley: The applicant is requesting a Conditional Use Permit to operate a three bedroom 2472 square foot short-term rental on the subject site. The regulations for short term rental use are identified in Section 2411.2 and article 2300 of the city's zoning ordinance. Staff recommended this item. There's no known opposition and Planning Commission puts it on our consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think,there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items #18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15,and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner ABSENT CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 2002 Baltic 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. 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. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. 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. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. 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). 19. 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. 20. 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. \__________ , ,,r___ ,,,, 6 \ vik \ I c , OR tr t CD \ = 29t cv ill— cl) . R --OR63 �, 0 _OR ,• 1 4 CD CD eet -- 220 Str \ . OR r, 4 Site W )= E Yousry Faragalla Property Polygons NV^ El Zoning 314-A 29th Street Building m :iiimiliFeet 0 1530 60 90 120 150 180 (t yr! sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YOUSRY FARAGALLA [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 314 29th Street, Unit A (GPIN 24280102823141). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: August 16, 2022 ■ Background: The applicant is requesting to operate a three-bedroom, 2,472 square-foot Short Term Rental in a residential duplex dwelling unit along 29th Street. The duplex structure at 314 29th Street, Unit A was constructed in 2006. The parcel is zoned OR Oceanfront Resort and is within the Oceanfront Resort Short Term Rental Overlay District. The lot is near the southeastern corner of the intersection of Arctic Avenue and 29th Street. The surrounding area contains an assortment of mixed-use buildings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, dining establishments, hotel resorts, and other resort-oriented uses. According to the applicant, this property was used for Short Term Rental purposes prior to July 1, 2018, but is not considered Grandfathered for such use. The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. It was determined that the applicant previously advertised and rented this property on a short-term basis, so the issuance of a Conditional Use Permit will rectify this issue of noncompliance. Known Short Term Rental activity as of July 26, 2022: • Date Rental Listing First Advertised: November 25, 2014 • Conditional Use Permit Application Intake Date: May 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: • Total May 2022 Host Compliance Documented Stays: 1 • Total June 2022 Host Compliance Documented Stays: 1 • HomeAway Listing Removed: June 30, 2022 ■ Considerations: The subject property sits near Laskin Road, which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, the Laskin Road Gateway serves as a main corridor leading to the Oceanfront, with the goal of fostering an urban, mixed-use core with an eclectic Yousry Faragalla Page 2 of 5 and vibrant village-like setting. Property immediately surrounding the subject site has been recently redeveloped to fit the Resort Area Strategic Growth Area's vision for the gateway. The site's existing configuration, including the use, density, architecture, and massing, does not directly conflict with said vision, so it is a welcome component of the neighborhood's built environment. The use of the property as a Short Term Rental would further diversify the mix of uses in this area, consistent with the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally, the proposed use would provide additional lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Parking is provided via the front driveway and the attached private garage. The garage is utilized for one of the three required spaces, with the other two located in the driveway. This parking configuration still allows for unobstructed flow to the additional parking areas utilized by the other duplex unit, 314 29th Street, Unit B. 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. • Recommendation: On July 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, with one abstention, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 314 29th Street, Unit A 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. 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. Yousry Faragalla Page 3 of 5 6. 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. 7. 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. 8. 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. 9. 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. 10.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. 11.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. 12.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. Yousry Faragalla Page 4 of 5 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.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. 15.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16.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. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.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). 19.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 Yousry Faragalla Page 5 of 5 prescribed by the Planning Department and shall be provided during the yearly permit process. 20.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 / City Manager: d ' Applicant& Property Owner: Yousry Faragalla Agenda Item Planning Commission Public Hearing:July 13, 2022 City Council District: District 6,formerly Beach 18 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 35t"Nab St"°t� — Approval +2 .i5 t r".: ••-----._,,g It Staff Planner ,�,,�rks)a = 33,d sKee` Levi Anthony Luckenbach R0,,a s`i Ls"e' A. Road, Location t,�sk"'�� 1othSueet 314 29th Street, Unit A Q z�Rs"O '' 28I Saes Q a it.sort• Strut GPIN 2"" 24280102823141 w ` " i.. ¢ 26t"S`f Qet g _, c _ ?i- i J 26t"Street= ; 250SW°.- Site Size t` 2At"st,Qe` 7,500 square feet �� t"syeet street 1i�N ee tr t 20 S er 2 d -\-- ptl� # \-� ..,,2 sweet ,,cueet Existing Land Use and Zoning District Duplex Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts "At liliarl North ,.. . ...wk. �� - 29th Street v. ',L..' "`�'' Mixed-Use Development, Multi-Family _--�-'"r^ `J�t;�-,3 '' , Dwellings,Commercial Office/OR Oceanfront - '� Resort -:-i- Kw i South ;� "vt " "'A k •Hotel Lodging/OR Oceanfront Resort ` East ". k-e-F -.• �, Mixed-Use Development, Multi-Family • Dwellings,Commercial Retail/OR Oceanfront ,'`'• 464 ilk - ' Resort ° -�r` ,0 West - - 1,� .,` _` % i Duplex Dwellings, Multi-Family Dwellings/OR �.:,.- �, _ Oceanfront Resort �:..) L- • t ri‘A ••-- ; S Yousry Faragalla Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,500 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom duplex unit was constructed in 2006. • Staff inspected the site on June 13, 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. • It was determined that the applicant previously advertised and rented this property on a short-term basis, as shown in the table below.The issuance of a Conditional Use Permit will rectify this issue of noncompliance. • According to the applicant,this property was used for Short Term Rental purposes prior to July 1, 2018, but is not considered Grandfathered for such use. • The property is not currently registered with the Commissioner of the Revenue as a Short Term Rental. • Known Short Term Rental activity as of June 27, 2022: • Date Rental Listing First Advertised: November 25, 2014 • Conditional Use Permit Application Intake Date: May 1, 2022 • Listing Activity Since Conditional Use Permit Application Received: • Total May 2022 Host Compliance Documented Stays: 1 • Total June 2022 Host Compliance Documented Stays: 1 • HomeAway Listing Removed:June 30, 2022 CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No June 2022 No Yousry Faragalla Agenda Item 18 Page 2 Short Term Rentals in the Vicinity • „coo La '" 30 -13 Lse , kkA teL444, _„ NO% 21 ' , Short Term Rentals H1d�{ — 'i 1 sch CUP Status 1 t _ 15,11 l s�� tal{ s t ree Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a three-bedroom, 2,472 square-foot Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 and Article 2300 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 3 Yousry Faragalla Agenda Item 18 Page 3 Zoning History 2 •R # Request 2 oR ---2.90- 1 SVR(Variance to Site Plan Ordinance)Approved OR 08/08/2006 2 CRZ(Change of Zoning)Approved 05/09/2006 zet,sveet 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 three-bedroom, 2,472 square-foot Short Term Rental in a residential duplex dwelling unit along 29th Street.The parcel is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, where Short Term Rental use is to be expected. The duplex structure at 314 29th Street, Unit A was constructed in 2006. The lot is near the southeastern corner of the intersection of Arctic Avenue and 29th Street. The surrounding area contains an assortment of mixed-use buildings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, dining establishments, hotel resorts, and other resort-oriented uses. The subject property sits near Laskin Road,which serves as a main gateway to the Oceanfront Resort Area.As identified in the Resort Area Strategic Action Plan (RASAP) 2030,the Laskin Road Gateway serves as a main corridor leading to the Oceanfront,with the goal of fostering an urban, mixed-use core with an eclectic and vibrant village-like setting. Property immediately surrounding the subject site has been recently redeveloped to fit the Resort Area Strategic Growth Area's vision for the gateway. The site's existing configuration, including the use, density, architecture, and massing, does not directly conflict with said vision, so it is a welcome component of the neighborhood's built environment.The use of the property as a Short Term Rental would further diversify the mix of uses in this area, consistent with the intended goals of the Oceanfront Resort District Form-Based Code Design Guidelines. Additionally,the proposed use would provide additional lodging opportunities for visitors and travelers who frequent the Virginia Beach Oceanfront. Parking is provided via the front driveway and the attached private garage.The garage is utilized for one of the three required spaces,with the other two located in the driveway.This parking configuration still allows for unobstructed flow to the additional parking areas utilized by the other duplex unit, 314 29th Street, Unit B. 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. Yousry Faragalla Agenda Item 18 Page 4 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 314 29th Street, Unit A 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. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. Yousry Faragalla Agenda Item 18 Page 5 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. 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. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. 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). 19. 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. 20. 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. Yousry Faragalla Agenda Item 18 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 13, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 26, 2022, and July 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 June 27, 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 July 7, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 31, 2022 and August 7, 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 August 1, 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 August 12, 2022. Yousry Faragalla Agenda Item 18 Page 7 Site Layout & Parking Plan [P+ , 1 laftr STREr i al1i , ,pi.sk j r �,��a�� R/ti(MINK MMy iti //// ,:g \ \\\ i II / il ii e. ), 1; r 11...\X Ili i4 I isk li 1, . gi,ii 1 144 II t � a'I . e/ bil ,... 1.1 , .„. 4 / a li -- 4, .►•�'` i t I I t f i i 6_,.., // Nakti Z F i g �� 4 / m%. la i II 1 : & at ik - 1: Ipi ir.T, rip 1 Y le ;1 No.1k%t4,k 11ea1!11„ lieh !i I(i/ 1:rl,..i1'i gdo!il!3)1 hin11I11Sl 1§!i4ilf�01( // " v1� .i$ . a/t It1.ttc1 4 .it,A/..„,//,,,'_,/,•i-",,-1,,,,.„,. /'/,-.„,,/,,,,,, /,/,••1,'4\•_17„/,2,,/,,.,-L/-/-,i/ :--i2ifi / w ' Q off i i ' `/ 7 / / ♦ Z" a `� - by i' N 4 // / / //// /• t% 11 14 pigs " f //irk/ ;4 ♦/ ' p y j l 0 e3 i ' / Jo/ ; / , ri ,..,:i 1; i t € .' i7 // // / / , / 1 i2'A $ • / // / // ' k l //// /s / It M e # / // /; / / /1 El !11!3: i Iz /////// k. //j,,;/;'// i4 !y v I I 0 0 L // / / / // / // /////// // /// /4 III ;I :I ,x -- ian::r• -- n .i PI o �` 1i . ii `ice >'"•a` :-� 0 ii--. \ : ' /CO 1 Or iv c M., •• 3-Bedroom Unitxi i!ill M-I 7 • 2 ParkingSpaces in Driveway ' iii �� •al'"' `��o p 1st%r��-� •tl:r �; • 1 Parking Space in Garage ,� •ll Yousry Faragalla Agenda Item 18 Page 8 Site Photo .".N..- P N \ 44 . '.. ...006,;......_____ ... . , :N. q , .- .......- , . . •-' i.V"'''r ..„...„,-r,-,-- g' : Lik....I 1 Ir ----, . , ,, 1 r--7 I \„ I 2'- " ' i - ______ - _ . .................., - 111 ill lia iirittiri _-____ tit . 1.111 ivy ..., r a : 1 , __ MIMI —- ------- _ ——_____—_ ____, ____. Pc' '• 1 ' -- ----:-_-_— ___ ___- - - - - Tilll --------- MIIIMM -- __ ----A.:•..!,4"--7"' . _..g'-'; .gt-. --,.. ,_ ..., . ..._ .1,..-... . , _. . . :-• _., 711M111% '•.- . 1- __ rs •_-.:_,.`r _.....,...„ _ -----,..L',,. .,7i, MIIIIIMMIII -II wisium L' .,-W., .7 .,.. .--. - .... ,. WO • • 1 '1- --.` ' Nk. • ... . le r--,, " ' e , . .•. , 1 a.. . -7-- '-'• . • P t ...'-' 1 ., - ,'-- 1 , 4Irf, , .00001111110116 . _ .., • . ..., .. . -dip _ • .- . -,--- . .. -----___ _ Yousry Faragalla Agenda Item 18 Page 9 Disclosure Statement Disclosure Statement A/13 CA.of Vavirow Planning& Community _.a L1e ek)pment ,s. The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 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 Councl-or a City board,commission or other body. Applicant Disclosure Applicant Name Yousry Faragalla 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 • No • I`yes,list the names of all officers.directors,members,trustees,etc.below. (Attach a 1st 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 w+•en one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2 2.3101 '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in deter-nining the existence of an affiliated business entity relationship include that the same person or stbstantialty the same person own or manage the two entities;there are common or commingles funds or assets;the business entities share the use of the same of.ces or employees or otherwise share activities,resources or personnel on a regu ar basis;or there is otherwise a close working relationship between the entities" Sec State and total Government Conflict of Interests Act,Va Code 4 2.2-3101 1 Yousry Faragalla Agenda Item 18 Page 10 Disclosure Statement Disclosure Statement -VB 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 deve opment contingent on the subject public action?❑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-collaterallsatlon,etc)or are they considering any financing in connection with the subject of--e arc+cation or any ousiness operating or to be operated on the property? ❑Yes S No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/rea!tor lot c,,rrent and anticipated future sales of the subject property? ❑Yes ■No • if yes,identity 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 applicaton or any business operating or to be operated on the prooerty?❑Yes No • If yes,identify the firm and individual providing the service 4 Does the applicant have serv.ces 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 fun 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 2 Yousry Faragalla Agenda Item 18 Page 11 Disclosure Statement Disclosure Statement V13 Planning&Community Development • 6 Does the app:c.i:t havr a construction contractor in connection with the subject of the application or any busiress 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 app.+cant 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 provid ng the service. S Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,Identify the firm and Individual provid ng the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,any accurate understand thet upon receipt of rotification that the applicatioi 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 Yousry Faragalla,Co-owner Print Name and Title 4/13/2022 Date Is the applicant also the owner of the subject property? II Yes ❑No a If yes,you do not need to fill out the owner disclosure stateneert. 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 charges as el Date 7/28/2022 s"turi Levi Anthony Luckenbach q,+vis.-d 11.ns.20'J Yousry Faragalla • Agenda Item 18 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Yousry Faragalla Agenda Item 18 Page 13 r r1 t — r ,,, . \ .k. } _1:=Y' r _ r \t;•1: ‘1,, , :7------ ‘ I. . -:‘c.. .- ,%\, .:.5.......Sf) JVA + Cl- \:.....,; :::_i_i_______---:::::---.... iv, QJ _ - >,ICI ,l x j - >- 0 A 11-.‘.e-pe,04166 ;"--‘'n . ao .• 9 . I— < r_tr.......---°'''''2\ 11.:_____%.. . , .... \ _ \ III 3� �+��a"+`-" '� L r „, Z iii< t0 \ bdc----' I. ,i • .,.._„, . •• rt.!. _•.c4 U ti t_ .-.„,,. eri,, — cc > v) , .... I--- >_ tia______.- iii_:‘ „ -----*F-t4 .111111,4 Cli ' c,n .____.,or, 0 \ k • '0 �v, j7 :,_ =- illw AI'-;;------c y ' I 7— .. 11 , ,�I \fil .� —�• ,. wit.,40::4 - I . I, c y OW arai 0 r- r 01101 __ ____ • f',, .....;ca__., ((/ ___________,....• L Wver5,_ l :ry-1 .. OD t y I a Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 18 Yousry Faragalla [Applicant & Property Owner] Conditional Use Permit [Short Term Rental] Addresses: 314 -A 29th Street RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: Thank you. The next item is agenda item #18 for Yousry Faragalla at 314-A 29th for Short-Term Rental. Please come forward. Madam Clerk: Mr. Vice Chair, this applicant is also WebEx. Yousry Faragalla, please pause for two to three seconds while we unmute your audio feed, and then state your name and if the conditions of your application are acceptable. Mr. Faragalla: This is Yousry Faragalla, the owner and I accept the conditions. Mr. Alcaraz: Thank you. Is there any opposition to this item being placed on the Consent Agenda? Hearing none, I ask Commissioner Cuellar to read this for the record. Ms. Cuellar: The applicant is requesting a Conditional Use Permit to operate a three bedroom 2472 square foot short-term rental on the subject site. The regulations for short- term rental use and identified in section 241.2 in article 2300 of the City's Zoning Ordinance. Staff recommends for approval and the Commission recommends for approval to the consent agenda. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think, there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items#18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE _ Frankenfield AYE Horsley AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner ABSENT CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 314 29th Street, Unit A 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. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. 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. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. 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). 19. 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. 20. 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. �ctU 1 CZ .) I IN S r CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: AN ORDINANCE TO AMEND SECTION 401 OF THE CITY ZONING ORDINANCE PERTAINING TO SMALL SCALE AGRICULTURAL PROCESSING AS PERMITTED USES IN THE AGRICULTURAL ZONING DISTRICTS. (SPONSORED BY COUNCIL MEMBER HENLEY AND AT THE REQUEST OF THE AGRICULTURAL ADVISORY COMMISSION) MEETING DATE: August 16, 2022 • Background: Staff met with the Agricultural Advisory Commission (AAC) on January 10, 2022, to discuss an amendment to permit small-scale production of agricultural products on sites which feature existing or proposed agricultural operations. Between February and March 2022, staff worked with members of the AAC on the specific language of the proposed ordinance amendment. At the quarterly meeting of the AAC, on April 11, 2022, members of the commission voiced their support of the proposed amendment language. Additionally, staff worked with the Department of Agriculture to define the limits of small-scale production to ensure that processing uses do not overtake traditional farming uses on a parcel, in keeping with the request from the AAC. No changes to the Agricultural Reserve Program Uses are proposed under this Zoning Ordinance amendment. • Considerations: This ordinance amendment will add three small-scale processing uses, by right, in the AG-1 and AG-2 Agricultural Districts. The proposed uses will permit the processing of livestock, poultry, and agricultural products only in conjunction with traditional agricultural operations on the same parcel. Additionally, this amendment features a yearly limit for the quantity of livestock and poultry processed, as well as a maximum area of processing for general agricultural products, in order to ensure that the use remains small-scale and subordinate to the primary farming uses they are tied to. 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. 1 AN ORDINANCE TO AMEND SECTION 401 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SMALL SCALE 4 AGRICULTURAL PROCESSING AS 5 PERMITTED USES IN THE AGRICULTURAL 6 ZONING DISTRICTS 7 8 Section Amended: § 401 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 Sec. 401. Use regulations. 17 18 (a) Principal and conditional uses. The following chart lists those uses permitted 19 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 20 respective agricultural districts shall be permitted as either principal uses 21 indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 22 indicated by an "X" shall be prohibited in the respective districts. No uses or 23 structures other than as specified shall be permitted. 24 Use AG-1 AG-2 Small-scale processing, extracting, packaging, or fabricating of P P agricultural product, in conjunction with a bona fide agricultural operation on the same parcel. Maximum processing area not to exceed 3,500 square feet, not including area for storage. Processing not to include livestock or poultry. Small-scale processing or packaging of livestock in conjunction P P with a bona fide agricultural livestock operation on the same parcel; not to exceed the processing of 250 head of livestock per year; processing and packing does not include the slaughtering of livestock. Small-scale processing or packaging of poultry in conjunction with P P a bona fide agricultural poultry operation on the same parcel; not to exceed 20,000 poultry per year; includes the slaughter of poultry raised on the same parcel. 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: PlanningDe artmerit CityAttome 's Office Y City of Virginia Beach —Agricultural Processing Page 2 of 2 ■ Recommendation: On July 13, 2022, the Planning Commission passed a motion to recommend this item for approval on the Consent Agenda, passing a motion by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing July 13, 2022 Small Scale Agricultural Processing Ciro of Virginia Beach Request An Ordinance to amend Section 401 of the City Zoning Ordinance pertaining to small scale agricultural processing as permitted uses in the agricultural Zoning Districts. Summary of Request This amendment is at the request of the Agricultural Advisory Commission (AAC) and Sponsored by Council Member Henley. Staff met with the AAC on January 10, 2022,to discuss an amendment to permit small-scale production of agricultural products on sites which feature existing or proposed agricultural operations. Between February and March 2022,staff worked with members of the AAC on the specific language of the proposed ordinance amendment. At the quarterly meeting of the AAC, on April 11, 2022, members of the commission voiced their support of the proposed amendment language. Additionally, staff worked with the Department of Agriculture to define the limits of small-scale production and ensure that processing uses do not overtake traditional farming uses on a parcel, in keeping with the request from the AAC. The purpose of this amendment is to add three small-scale processing uses, by right, in the AG-1 and AG-2 Agricultural Districts. The proposed uses permit the processing of livestock, poultry, and agricultural products in conjunction with traditional agricultural operations on the same parcel.This amendment sets a yearly limit for the quantity of livestock and poultry processed, as well as a processing area maximum for general agricultural products, in order to ensure that the use remains small-scale and subordinate to the primary farming uses they are tied to. No changes to the Agricultural Reserve Program Uses are proposed under this Ordinance amendment. Recommendation Staff recommends approval of this Ordinance as the uses were requested by the Agricultural Advisory Commission, and the proposed uses will be incidental to, and beneficial towards, the operation of agricultural uses within the City. City of Virginia Beach Agenda Item 1 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 401 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SMALL SCALE 4 AGRICULTURAL PROCESSING AS 5 PERMITTED USES IN THE AGRICULTURAL 6 ZONING DISTRICTS 7 8 Section Amended: § 401 9 10 WHEREAS,the public necessity, convenience,general welfare and good zoning 11 practice so require, 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 Sec.401.Use regulations. 17 18 (a) Principal and conditional uses The following chart lists those uses permitted 19 within the AG-1 and AG-2 Agricultural Districts Those uses and structures in the 20 respective agricultural districts shall be permitted as either principal uses 21 indicated by a "P"or as conditional uses indicated by a "C" Uses and structures 22 indicated by an "X" shall be prohibited in the respective districts No uses or 23 structures other than as specified shall be permitted. 24 Use AG-1 AG-2 Small-scale processing, extracting, packaging, or fabricating of P P agricultural product,in conjunction with a bonified agricultural operation on the same parcel. Maximum processing area not to exceed 3,500 square feet, not including area for storage. Processing not_to include livestock orpoultry. Small-scale processing or packaging of livestock in conjunction P P with a bonified agricultural livestock operation on the same parcel, not to exceed the processing of 250 head of livestock per year; processing and packing does not include the slaughtering of livestock. Small-scale processing or packaging of poultry in conjunction with P P a bonified agricultural poultry operation on the same parcel; not to exceed 20.000 poultry per year:includes the slaughter of poultry raised on the same parcel. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ,2022. City of Virginia Beach Agenda Item 1 Page 2 Ordinance 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: o.� Planning De rtme City Attorney's Office CA15858 R-1 June 21,2022 2 City of Virginia Beach Agenda Item 1 Page 3 Virginia Beach Planning Commission July 13, 2022, Public Meeting Agenda Item # 1 City of Virginia Beach An Ordinance to amend Section 401 of the City Zoning Ordinance pertaining to small scale agricultural processing as permitted uses in Agricultural Zoning Districts RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Okay, thank you. The next order of business is the consent agenda, and I'm going to turn that over to the Vice Chair to run that portion of the meeting. Mr. Alcaraz: Thank you, Mr. Chair. Today we have 17 items on the Consent Agenda. These are applications that are recommended for approval by staff, and the Planning Commission has concurred, and there are no speakers signed up in opposition. Agenda Item #1 City of Virginia Beach, an Ordinance to amend a section of 401 of the City's Zoning Ordinance pertaining to small scale agricultural processing as permitted uses in agricultural zoning districts. City staff is coming to speak on that. Ms. Sabo: Ms. Good afternoon, Hannah Sabo, Zoning Administrator. This is an Ordinance to amend section 401 of the City's Zoning Ordinance pertaining to small scale agricultural processing as permitted uses in the Agricultural Zoning District, and this amendment is sponsored by Councilmember Henley. This was brought forth as a request to the Agricultural Advisory Commission back in 2021, and we've been working with them on this amendment ever since and the Agricultural Advisory Commission did vote to support this amendment at their meeting on Monday, July 11, 2022. There are a number of existing agricultural uses that are already permitted in the agricultural one and two districts including agriculture orchards, vineyards, nurseries, along with agricultural products sales up to 3500 square feet by right and then with a conditional use permit over that as well as fine farm wineries or breweries and farm distilleries. There are three uses that we're adding to the agricultural districts. The first one is small scale processing or packaging of livestock, in conjunction with a bona fide agricultural livestock operation on the same parcel not exceeding 250 head of livestock per year, does not include the processing of livestock. The second use is the small scale processing of poultry again in conjunction with a bona fide agricultural poultry operation on the same parcel not exceeding 20,000 poultry per year, and that does include the slaughter of poultry, and then the third use is the small scale processing, extracting, packaging or fabricating of agricultural product in conjunction with a bona fide agricultural operation on that same parcel. The maximum processing area is not to exceed 3500 square feet, and does not include the area for storage and that does not include the processing of livestock or poultry. And again, this is an ordinance to amend section 401 of the City's Zoning Ordinance pertaining to small scale agricultural processing as permitted use in the Agricultural Zoning District. Mr. Alcaraz: Thank you. Mr. Chair that was the last item on the Consent Agenda, the Planning Commission places the following applications on the consent agenda, items number 1, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. Mr. Wall: Okay, thank you. First, I'm going to do motioning, we have quite a few items on the Consent Agenda. I'm going to ask for the motion and then we're going to get to the abstention I think,there are a couple. So do I have a motion to approve by consent agenda items? 1, 4 & 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. We have motion by Mr. Alacaraz and a second by Mr. Horsley. Are there any abstentions? Mr. Alcaraz: Yes. On #17, I have on file on the Planning Commission meeting files a disclosure regarding the July Planning Commission discussion and vote on #17 U.S. Surf Company Inc. at 2017 Arctic Avenue. I will abstain from voting or discussing this matter at the July 13, 2022 Planning Commission Public Hearing. Mr. Wall: Okay, thank you. Anybody else? Mr. Redmond: Mr. Chairman, I have a letter on file with the City Attorney's office abstaining from all STR applications and ordinances and short term rental applications and ordinances. In this meeting that would be agenda items #18, 19, 20, 21, and 22. It will be in support of the consent agenda, but specifically abstaining from those agenda items 18, 19, 20, 21 and 22. Thank you. Madam Clerk: Vote is open. By recorded vote of 10 in favor and 0 against agenda items 1, 4,5, 7, 10, 11, 12, 13, 14, 15, and 16 have been recommended for approval by consent. Agenda Item #17, by a vote of 9 in favor and 0 against with Commissioner Alcaraz abstaining is recommended for approval by consent and agenda items 18, 19, 20, 21, and 22 by a vote of 9 in favor and 0 against with Commissioner Redmond abstaining are recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver AYE Redmond AYE Wall AYE Weiner ABSENT K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person 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=eed2493693ffe7734108feba179d2fdb3 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 16, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/09/2022 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 V W W U R E L A R T I O C A DNCCMOOL O C N Y L 0 A OUWS HCEEMNS S EOE I H R Y B T S ERNN CITY COUNCIL'S BRIEFING A. MAYOR'S TASK FORCE FOR YOUTH James A.Cervera VIOLENCE PREVENTION Co-Chair (Requested by Mayor Dyer) IL PUBLIC COMMENT 1. CANDIDATES FOR CITY COUNCIL 32 SPEAKERS VACANCY-BAYSIDE III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV- CERTIFICATION OF CLOSED SESSION 10-0 Y Y Y Y Y Y Y Y Y Y VI A-E ADD APPOINTMENT OF BAYSIDE DISTRICT ON CITY COUNCIL MEMBER Delceno Miles APPOINTED Y Y Y Y Y Y Y Y Y Charlotte Zito Y F. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y July 12,2022 2. SPECIAL FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y August 2,2022 G. MAYOR'S PRESENTATION I. PROCLAMATION Ramon W.Breeden,Jr.Day H. PUBLIC HEARINGS 1. CREATION OF EIGHT(8)NEW 1 SPEAKER PRECINCTS,MODIFICATION OF PRECINCT BOUNDARIES,AND CHANGE OF THREE POLLING LOCATIONS 2. DECLARATION AND SALE OF EXCESS I SPEAKER PROPERTY At Southeast intersection of Market Street and Columbus Street CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/09/2022 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 V W W U R E L A R T I O C A DNCCMOOL O C N Y L 0 A OUWS T HCEEMNS S EOE I H R Y B T S ERNN J.1. Ordinance to AMEND City Code Section 10-1 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y re create eight(8)new precincts,rename CONSENT precincts,and relocate three(3)polling locations;to AUTHORIZE maintenance upon precinct lines to conform with recent district boundary changes;and to REQUEST a waiver to administer a split precinct J.2. Resolution in observation re International ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Overdose Awareness Day CONSENT (Requested by Council Member Berlucchi) J.3. Ordinance to AWARD a $5,000 Community ADOPTED 9-0 Y Y Y Y Y Y Y Y Y A Services Micro-Grant to Giving with a Golden Hand, Inc. re support "Stop the Violence" events(Requested by Mayor Dyer) J.4. Ordinance to AMEND City Code Section 7-66 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y re designation of city highways for golf cart CONSENT operation and posting of signs J.5. Ordinance to AMEND City Code Section 18- ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y 108.2 re license code for mobile food vending CONSENT J.6. Ordinance to EXTEND the date to satisfy the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of 18th Street CONSENT between Pacific and Arctic Avenues J.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Black Duck Inlet and a 5' public utility and drainage easement at the rear of the 321 Back Bay Crescent re remove and replace a boatlift and four(4)8"wood piles, wood pier and wood bulkhead J.8. Ordinance to APPROPRIATE$240,878.08 to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y the Ocean Park Volunteer Fire and Rescue Unit, CONSENT Inc.re an interest-free loan to purchase two(2) replacement ambulances J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $1,930,000 from the Virginia Tourism CONSENT Corporation to the FY 2022-23 Conventional and Visitors Bureau Operating Budget re marketing efforts J.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $221,642 from the Virginia Department of CONSENT Behavioral Health and Development Services to the FY 2022-23 Department of Human Services Operating Budget re Permanent Supportive Housing Program CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/09/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 V W W U R E L A R T I O C A DNCCMOOL O C N Y L 0 A OUWS T HCEEMNS S E OE I H R Y B T S ERNN J.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $58,750 from the Virginia Department of CONSENT Behavioral Health and Development Services to the FY 2022-23 Department of Human Services Operating Budget re support staff retention for substance use and mental health programs J.12. Ordinance to TRANSFER$100,000 from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y General Fund Reserve for Contingencies to the CONSENT Department of Cultural Affairs re support the 5/31 memorial design stipends and additional facilitation services including a memorial liaison to families and survivors K.1. ATLANTIC DEVELOPMENT DEFERRED 10-0 Y Y Y Y Y Y Y Y Y Y ASSOCIATES,LLC&WPL VENTURES, INDEFINITELY,BY LLC for a Variance to Section 4.4(b)of the CONSENT Subdivision Regulations re subdivide two(2) lots at 111 73rd Street DISTRICT 6(Formerly District 5-Lynnhaven)(Deferred from May 17, 2022) K.2. SXCW Properties II, LLC/TRACT NO. 8, APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Rezoning from AG-2 PROFFERED/AS Agricultural District to Conditional B-2 Business CONDITIONED,BY District and a Conditional Use Permit re car CONSENT wash facility at the Southwest corner of Sandbridge Road&Fisher Arch,East of 1973 Sandbridge Road DISTRICT 2 (Formerly District 7-Princess Anne) K.3. HUNTER'S MILL APARTMENTS,LLC/ APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y HUNTER'S MILL APARTMENTS,LLC& PROFFERED,BY LADERBERG SQUARE, LLC for a CONSENT Conditional Rezoning from A-18 Apartment District&B-2 Community Business District to Conditional A-18 Apartment District at 397 Brixton Drive,parcel West of 5444 Virginia Beach Boulevard&triangular parcel between 397 Brixton Drive & 500 Aylesbury Drive DISTRICT 4(Formerly District 2-Kempsville) K.4. KATHERINE ANN OLIVAS/ APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y KATHERINE OLIVAS & JESSICA CONDITIONED,BY MCGOWAN for a Conditional Use Permit re CONSENT family day-care home at 2717 Inglewood Lane DISTRICT 2 (Formerly District 1- Centerville) K.5. GLORIOUS GROOMING,LLC/JODHA H. APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y GOODMAN ESTATE for a Conditional Use CONDITIONED,BY Permit re home occupation at 140 South Gum CONSENT Avenue DISTRICT 4 (Formerly District 5- Lynnhaven) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/09/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 V W W U R E L A R T I O C A DNC C M O 0 L O C N Y L 0 A OUWS T HCEEMNS S EOE I H R Y B T S ER N N K.6. THOMAS MARK GOLDSBERRY for a APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re home occupation at CONDITIONED,BY 1140 Treefern Place DISTRICT 5 (Formerly CONSENT District 6-Beach) K.7. WROBLEWSKI ART, LLC/ OCEANA APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y PARTNERS,LLC fora Conditional Use Permit CONDITIONED,BY re tattoo parlor at 1329 Oceana Boulevard, CONSENT Suite 110 DISTRICT 5 (Formerly District 6- Beach) K.8. 365 TATTOOING, LLC/ LITTLE NECK APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y TOWERS,LLC fora Conditional Use Permit re CONDITIONED,BY tattoo parlor at 3500 Virginia Beach Boulevard, CONSENT Suite 610 DISTRICT 8 (Formerly District 5- Lynnhaven) K.9. U.S.SURF COMPANY,INC./ APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Y SUNSATIONS REALTY,LLC for CONDITIONED,BY Alternative Compliance re outdoor CONSENT recreation facility and recurring outdoor special events at 2017 Arctic Avenue&317 20th Street DISTRICT 6(Formerly District 6-Beach) M. APPOINTMENTS RESCHEDULED B Y CO N SENS U S 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/09/2022 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTEL R B H 0 V W W U R E L A R T I O C A D N C C M O 0 L O C N Y L 0 A 0 U W S T H C E E MN S S E OE I H R Y B T S E R N N SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 7:04 P.M. OPEN DIALOGUE 3 SPEAKERS 7:14PM