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HomeMy WebLinkAbout12-13-2022 FORMAL SESSION AGENDA CITY OF VI=GINIA I ACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large GOA-8E4c VICE MAYOR ROSEMARY WILSON,At Large S4 MICHAEL F.BERLUCCHI,Rose Hall-District 3 0 4i: -• LINWOOD O.BRANCH,Lynnhaven-District S BARBARA M.HENLEY,Princess Anne-District 7 U ! { \iT N.D. "ROCKY"HOLCOMB,Kempsville-District 2 .s DELCENO C.MILES,Bayside-District 4 • :� JOHN D.MOSS,At Large ''+s Y•``' AARONR.ROUSE,At Large swot GUYK.TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District 1 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 December 13,2022 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. FEDERAL LEGISLATIVE UPDATE Debra Bryan, Director of Legislative Affairs Anthony Bedell, Senior Corporate& Government Relations—Becker& Poliakoff Alfonso Lopez, Senior Corporate& Government Relations—Becker&Poliakoff B. VB THRIVE UPDATE 1:45 PM Michele Anderson, President& CEO—United Way of South Hampton Roads (Requested by Council Member Miles) C. FLOOD PROTECTION PROGRAM & CAPITAL IMPROVEMENT UPDATE 2:15 PM Leisha Pica, Program Manager—Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator—Public Works II. CITY MANAGER'S BRIEFING A. AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED 3:15 PM JUNE 30, 2022 Laura Harden and Logan Booth—Cherry Bekaert Advisory LLC Letitia Shelton, Director—Finance III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM IV. CITY COUNCIL AGENDA REVIEW 4:00 PM V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS James K. Spore Dr. Cynthia Romero Frederick J. Napolitano 2. RECOGNITION- Sister Cities Association of Virginia Beach 2022 Youth Ambassador- Lucia Morton G. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—FARMERS MARKET Building 6, Space 2 to Flutterby Soap Company, LLC H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five(5)years at Virginia Beach Farmers Market with Flutterby Soap Company,LLC 2. Resolution to RENAME the Bayside Recreation Center as "The Louis R. Jones Bayside Recreation Center" (Requested by City Council) 3. Resolution to DIRECT the City Manager to develop a public input process re the City's Election System (Requested by Mayor Dyer) 4. Ordinance to AUTHORIZE a$50,000 Grant from the Tourism Investment Program(TIP) fund re The Virginia Sports Hall of Fame Foundations, Inc (Requested by Council Members Berlucchi and Branch) 5. Resolution REGARDING Membership of the Virginia Beach Cannabis Advisory Task Force (Requested by Council Members Berlucchi and Tower) 6. Ordinance to AUTHORIZE the 2023 North Landing River / Albemarle Sound Estuarine Symposium (Requested by Council Member Henley) 7. Ordinance to AUTHORIZE the City Manager to erect signs discouraging motorists from giving money to panhandlers (Requested by Council Member Wooten) 8. Ordinance to DECLARE and CONVEY approximately 2.25 acres of City Property located on Upton Drive to be EXCESS of the City needs and AUTHORIZE the City Manager to EXECUTE the documents necessary to complete the conveyance of the property near the intersection of Nimmo Parkway to Hospice House of Hampton Roads 9. Ordinances to DESIGNATE as EXEMPT re Local Property Taxes: a. The Princess Anne Crew Club Auxiliary b. Little Christian Academy c. Coastal Virginia Building Industry Association, Inc. d. Junior Achievement of Greater Hampton Roads, Inc. 10. Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operating Budget and Capital Improvement Program (Requested by the School Board) 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Bass Inlet(a/k/a Mill Pond)and an existing five(5)foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof, a marginal wharf, a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2 (Formerly District 7 —Princess Anne) (Deferred from November 15, 2022) THIS ITEM IS BEING WITHDRAWN 12. Ordinance to AUTHORIZE temporary encroachment into a portion of City right-of-way known as Baltic Avenue re construct and maintain an elevated pedestrian bridge approximately thirty-five (35) feet above ground level over Baltic Avenue District 6 (Formerly District 6 — Beach) 13. Ordinance to TRANSFER $2-Million from Capital Project#100048, Burton Station Road III," to Capital Project #100635, "Corporate Landing Business Park," re allow the advancement of the construction of infrastructure within the Corporate Landing Business Park 14. Ordinance to TRANSFER$431,750 from the General Fund Reserve for Contingencies to the FY 2022-23 Voter Registration and Elections Operating Budget re fund anticipated costs of the January 10, 2023, Special Election 15. Ordinance to ACCEPT and APPROPRIATE $2,404,940.98 from the Federal Emergency Management Agency (FEMA) to the FY 2022-23 Fire Department Operating Budget re reimbursement of costs for the deployment of the Virginia Task Force 2 Urban Search and Rescue team members in response to Hurricane Ian 16. Ordinance to APPROPRIATE $1,212,000 from the Tourism Investment Program(TIP) Fund to Capital Project #100145, "Atlantic Park Entertainment Venue"re meet estimated construction cost and building code requirements J. PLANNING 1. ORP VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots and to construct two (2),two (2) story single family dwellings located at 820 24th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. COURTHOUSE MARKETPLACE STATION, LLC & HARRIS TEETER PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re automobile service station at 2500 Nimmo Parkway DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. AT ASSOCIATES,LLP for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard DISTRICT 3 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1305 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. 208 10th STREET, LLC for Conditional Use Permits re short term rentals at 945, 949, 953, 957, 961, 965 Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. HOST MY HOME, LLC / DAVID DOWDY for a Conditional Use Permit re short term rental at 529 22nd Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. JD ENTERPRISES VA, LLC / LOROM, INC., for a Conditional Use Permit re short term rental at 512 19th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. JD ENTERPRISES VA, LLC / LOROM, INC., for Conditional Use Permits re short term rentals at 516 19th Street - Units Al, A2, A3, A4, B1, B2, B3, B4 & 518 19th Street, Units Al, A2, A3, A4, Bl, B2, B3, B4 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION ATLANTIC COMMUNITY DEVELOPMENT AUTHORITY AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 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=e88d3 afaaa57eac945a191 a69c9d340fd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 13, 2022. III I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. FEDERAL LEGISLATIVE UPDATE Debra Bryan, Director of Legislative Affairs Anthony Bedell, Senior Corporate& Government Relations—Becker& Poliakoff Alfonso Lopez, Senior Corporate& Government Relations—Becker&Poliakoff B. VB THRIVE UPDATE 1:45 PM Michele Anderson, President& CEO—United Way of South Hampton Roads (Requested by Council Member Miles) C. FLOOD PROTECTION PROGRAM & CAPITAL IMPROVEMENT UPDATE 2:15 PM Leisha Pica, Program Manager—Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator—Public Works II. CITY MANAGER'S BRIEFING A. AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED 3:15 PM JUNE 30, 2022 Laura Harden and Logan Booth—Cherry Bekaert Advisory LLC Letitia Shelton, Director—Finance III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM IV. CITY COUNCIL AGENDA REVIEW 4:00 PM V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MAYOR'S PRESENTATIONS 1. 60th ANNIVERSARY AWARDS James K. Spore Dr. Cynthia Romero Frederick J. Napolitano 2. RECOGNITION- Sister Cities Association of Virginia Beach 2022 Youth Ambassador- Lucia Morton �14 "XL Ur ouR NAr� Vr o Whereas: James x Spore came to'Virginia Beach in 1991 to serve as the City 9lanager and dedicated the bulkof his career—24 years—to making this City a great place to live,raise a family and visit;and- Whereas: 'With his guidance,the City consistently receivedTnpfe';A"bond ratings from all three financiaf rating agencies,economic development flourished,and tourism thrived—allfactors that helped keep residents'taxburden one of the lowest in the nation,-and Whereas: 31r.Spore always stnvedto workcolfaborativefy with regional partners,the state,businesses,and non-profits;and Whereas: `Under his thoughtful and steady leadership,`Virginia(Beach successfully compfeteda number ofsign ant projects which have had a lasting and quantifiable impact on the community including the Lake Gaston water supply project;the development of Town Center,the redevelopment of the gZesart Oceanfront to include the new Boardwalk the Big-Beach hurricane protection project,the 31st Street hotel,public parking and parkproject;Sandler Center,(Princess Anne Commons,including the Hampton 14,ads Soccer Complex the ODv/NSV Higher Education Center,Sportsplez relocation of Princess Anne<arkand baIffields,the Amphitheater, the health care complex the Advanced-Technology Center,Health Professions Building,Science Building,student activities center and Joint'Use Library on the TCC campus,Life Net,Operation Smile Headquarters,'Virginia Beach Eieldhouse,`tAB National Golf Course,`NCA/Tiides Swimming Complex and-Children's Hospital of the pings(Daughters dozens of major transportation projects including the replacement of the LesnerBridge;numerous school renovations and replacements;public safety improvements including seven Fire andEWS stations,two Police precincts and the Emergency Communications Center,i-Ely mixed use and public parking structure;an egpanded'Virginia Aquarium and the 9Kuseum of Contemporary Art(9KOCA);the creation of a system of first- class libraries,recreation centers and parks;and the restoration of the iconic CavalierJfotel and Whereas: Jfis success is attributable to a steadfast dedication to public service and an unwavering commitment to improving the quality of fife for all`Virginia Beach residents;and- Whereas: Nostalgic UB"is a celebration of`Virginia Beach pioneers and residents leading up to the 60,6 anniversary of our great city in January 2023. Now,(Tierefore I,12gbert JK. "Bobby"<Dyer,Mayor of the City of`Virginia Beach,`Virginia,do hereby proclaim: James X Spore Recipient of the 'Virginia Beach DiamondAward" In'tlirginia Beach,andI 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 OfficialSearof the City of`Virginia Beach,`Virginia,to be affixed this Thirteenth Day of December,Two ThousandantTwenty-Two. Wo6ert 94."Bobby"Dyer Mayor cI►•B c • i et of 0um 0,010 to tiamatton cs%,raar Dr.Cynthia Romero is a fixture in Virginia Beach and the local(Filipino community dedicated to the health and well-being of Hampton Roads and the cultural preservation of Filipino culture,and Whereat As an E4'76tS Sentara Endowed Chair for Academic Leadership Advancement,an Associate Professor of(Family and Community Medicine and the Director of the M.(Foscue Broc&Institute for Community and Gfo6afHeafth at E'OKS,Dr ppmem has championed change in areas from healthcare access to healthcare bias;and Wherear Dr.'pmero previously served as a'Virginia Health Commissioner,principal health adviser to the Governor,Secretary of?fealth and ifuman(Resources, 'Virginia GeneralAssem6fy and Board of Health and caredfor the Virginia Beach community in private practice for 16 years;and Whetras She is a strong advocate for patients and the medical-profession through her research and leadership in professional-medical-organizations,serving as President of the Philippine Med cat-Association of Southeastern'Virginia,Inc,Tidewater Academy of(Family Physicians,'Virginia Academy of(Family Physicians,Norfo&l cademy of Medicine,and the MedcafSociety of Virginia;and Whereas: Or&mero has been recognizedfor promoting justice in medicaleducation,community seance and healthcare equity by a host of organizations ranging from the American Academy of'Family Physicians to the Vrban League;and Whereas: She also serves as a volunteer with the American Heart Association,the Chddren's Hospital of the King's Daughters,Hampton Reads Community(Foundation,Hampton Reads BehavioralHealh Coalition,the'United Way of South Hampton Reads and more;and 1Mrurvar 'Virginia Beach is home to one of the largest(Filipino communities on the East Coast and Dr.Romero serves as Chair of the council of Vnited(Filipino Organizations of Tidewater which helps to maintain operations at the'Virginia Beach-basedPhilippine Cultural Center of Virginia;and Whereas: 'Nostalgic‘TAB"is a celebration of'Virginia(Beach pioneers and residents leading up to the 606 anniversary of our great city in January 2023. Now,'frenrfo►e I,Robert M. `Bobby'Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: Dr. Cynthia Wpmero Wecipient of the "Virginia Beach Diamond-Award" In'J'rgini%Beach,and I 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 uplft our beloved City of'Virginia Beach. In 'G1irtness Whereof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be affixed this thirteenth Day of December,Two' TiousandandTwenty-Two. - i \ ,.; s $414 Robert M. `Bobby'(Dyer `�:� Mayor ,0")rIA•B . 6e. 4;: 0 is e Vro deletion Whereas: Free%apolitano moved his famify to'Virginia Beach in 1955 and quick&committed himself to ensuring the community's future through active involvement in civic affairs and Coca(irufustry;and Where= In 1974,he conceived of an event that would bring the 9fampton meads region together in celebration of the end of summer and that idea gave rise to the Neptune Testiva1 and Whereas As a developer,he tookan active role in building homes for the community and became President of the NationafAssociation of 9fome Builders in 1982,working with the President and Congress to help solve the nation's home6udding problems.Today,he is Chairman of the Board of Pembroke Enterprises,Inc.,the commercial reaf estate,and development firm spearheading the$200 million Pembroke Square redevelopment project;and TUftereas 9Kr Napolitano is the recipient of the Brotherhood Citation from the National Conference of Christians and Jews,Budder of the Year Award from the 2fome Builders Association of Virginia, was elected to both the'Virginia and National9Come Buifders Associations.?far&of Tame,and received the American'Vocation Success Award presented by President George Bush;and Whereas: Me has served on boards and advisory councils at the state andfedera(fevel incfuding the'Federal 9Coine Loans BankBoard the Fannie 9Kae Board'Virginia's IndustrialcDevefopment Services Advisory Board and chair of the Board o;Commerce of the Commonwealth of'Virginia;and 'Whereas: 9fe afro served as Chair of the.?Campton cRyads Chamber of Commerce and'ForwardNampton Roads, as a Sentara.Jfealth Care board member,a founding board member of the'First Tee program for young people,on the Board of Cathoac Charities'Foundation and as 40-year board andeXecutive committee member of St.Ilary's 9fome for(Disabled Children;and 1,14ereax "Nostalgic'VB"is a celebration of Virginia Beach pioneers and residents reading up to the 60th anniversary of our great city in January 2023. Now,'Therefore I,Robert Y. `Bobby'Dyer,91ayor of the City of Virginia Beach,Virginia,do hereby proclaim: Eredericky. Arapo&itano Wrcipient of the "Virginia Beach cDiamondAward" In Virginia Beach,and I call upon the citizens and members within government agencies,pub&and private institutions,business,andschooCs 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 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 affied this thirteenth(Day of(December,Two Thousand and Twenty-Two. • •r3i,,tc�`'---lam. v ! \ 1. • . _ . 1p6ert 9►i. `Bo66y'Dyer 9Kayor G. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—FARMERS MARKET Building 6, Space 2 to Flutterby Soap Company, LLC pG C ro s! .i PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, December 13,2022,at 6:00 p.m.in the Council Chamber,City Hall-Bldg. 1, at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City- owned property located at the Virginia Beach Farmers Market: Building 6,Space 2,consisting of approximately 310+/-square feet of space, to Flutterby Soap Company LLC If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center-(757)385 5659. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbRov.webex.com/vbaov/ onstage/g.oho?MTI D=e88d3afa aa57eac945a191a69c9d340fd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on December 6, 2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON:DECEMBER 4,2022 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for up to five(5)years at Virginia Beach Farmers Market with Flutterby Soap Company,LLC 2. Resolution to RENAME the Bayside Recreation Center as "The Louis R. Jones Bayside Recreation Center" (Requested by City Council) 3. Resolution to DIRECT the City Manager to develop a public input process re the City's Election System(Requested by Mayor Dyer) 4. Ordinance to AUTHORIZE a$50,000 Grant from the Tourism Investment Program(TIP) fund re The Virginia Sports Hall of Fame Foundations, Inc (Requested by Council Members Berlucchi and Branch) 5. Resolution REGARDING Membership of the Virginia Beach Cannabis Advisory Task Force (Requested by Council Members Berlucchi and Tower) 6. Ordinance to AUTHORIZE the 2023 North Landing River / Albemarle Sound Estuarine Symposium (Requested by Council Member Henley) 7. Ordinance to AUTHORIZE the City Manager to erect signs discouraging motorists from giving money to panhandlers (Requested by Council Member Wooten) 8. Ordinance to DECLARE and CONVEY approximately 2.25 acres of City Property located on Upton Drive to be EXCESS of the City needs and AUTHORIZE the City Manager to EXECUTE the documents necessary to complete the conveyance of the property near the intersection of Nimmo Parkway to Hospice House of Hampton Roads 9. Ordinances to DESIGNATE as EXEMPT re Local Property Taxes: a. The Princess Anne Crew Club Auxiliary b. Little Christian Academy c. Coastal Virginia Building Industry Association, Inc. d. Junior Achievement of Greater Hampton Roads, Inc. 10. Ordinance to APPROPRIATE $48,294,167 from the FY2021-22 School Reversion Funds to the Virginia Beach Public Schools FY2022-23 Operating Budget and Capital Improvement Program (Requested by the School Board) 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Bass Inlet (a/k/a Mill Pond) and an existing five (5) foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof, a marginal wharf, a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2 (Formerly District 7 — Princess Anne) (Deferred from November 15, 2022) THIS ITEM IS BEING WITHDRAWN 12. Ordinance to AUTHORIZE temporary encroachment into a portion of City right-of-way known as Baltic Avenue re construct and maintain an elevated pedestrian bridge approximately thirty-five (35) feet above ground level over Baltic Avenue District 6 (Formerly District 6 — Beach) 13. Ordinance to TRANSFER $2-Million from Capital Project #100048, Burton Station Road III," to Capital Project #100635, "Corporate Landing Business Park," re allow the advancement of the construction of infrastructure within the Corporate Landing Business Park 14. Ordinance to TRANSFER$431,750 from the General Fund Reserve for Contingencies to the FY 2022-23 Voter Registration and Elections Operating Budget re fund anticipated costs of the January 10, 2023, Special Election 15. Ordinance to ACCEPT and APPROPRIATE $2,404,940.98 from the Federal Emergency Management Agency (FEMA) to the FY 2022-23 Fire Department Operating Budget re reimbursement of costs for the deployment of the Virginia Task Force 2 Urban Search and Rescue team members in response to Hurricane Ian 16. Ordinance to APPROPRIATE $1,212,000 from the Tourism Investment Program(TIP) Fund to Capital Project#100145, "Atlantic Park Entertainment Venue" re meet estimated construction cost and building code requirements c fi4.41-4-4,".. S%7) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Flutterby Soap Company LLC for City-Owned Property Known as Building 6, Space 2 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: December 13, 2022 MEETING DATE: December 13, 2022 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 2 in Building 6 at the Virginia Beach Farmers Market, which consists of approximately 310 sq. ft. of space (the "Premises") and received one submittal from Flutterby Soap Company LLC, a Virginia limited liability company ("Flutterby"). Flutterby has been leasing the Premises since 2015 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of homemade soaps, lip balms, lotions, body butters, facial care, salt scrubs and related items, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on December 4, 2022 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH FLUTTERBY SOAP COMPANY LLC 4 FOR CITY-OWNED PROPERTY KNOWN AS 5 BUILDING 6, SPACE 2 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 2 in Building 6 at 13 the Virginia Beach Farmers Market which consists of approximately 310 sq. ft. of space 14 (the "Premises") and received one submittal from Flutterby Soap Company LLC, a 15 Virginia limited liability company ("Flutterby"); 16 17 WHEREAS, Flutterby has leased the Premises since 2015 and desires to enter 18 into a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of homemade soaps, lip 21 balms, lotions, body butters, facial care, salt scrubs and related items, and for no other 22 purpose; and 23 24 WHEREAS, Flutterby has agreed to pay the City rent in the amount of $6,782.16 25 annually ($565.18 per month) for the first year of the term, with a five percent (5%) 26 annual rent escalation for each year thereafter. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for up to 5 years 32 between Futterby Soap Company, LLC and the City for the Premises, in accordance 33 with the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and 34 such other terms, conditions or modifications as may be acceptable to the City Manager 35 and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 38 , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM --/7' /7 City Attorney Public Works/ ' ties Ma a ement CA15631 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d030\p039\00849156.doc R-1 December 1, 2022 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Flutterby Soap Company LLC, a Virginia limited liability company PREMISES: Building 6, Space 2 consisting of 310+/- square feet TERM: Initial Term: January 1, 2023 through December 31, 2025, with two (2) additional one-year renewal options RENT: Initial rent of $6,782.16 annually ($565.18 per month) for the first year of the Term, with five percent (5%) annual escalation for each thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of homemade soaps, lip balms, lotions, body butters, facial care, salt scrubs and related items; and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. City of Virginia Beach Farmers Market 3640 Dam Neck Road LEASE EXHIBIT A Virginia Beach,VA 23453 757-385-43 FAX:368-5249 Request for Proposals %;-.-4..'\:(PWFM-22-0300) /*/'\ El Gard.n. ❑ ❑ , =New KitxJaen `, -% =- Garden ❑ ❑ ( , . 1 \\\\\\\\\\\ `\\\ 71 �%� ' -.1 1 Bldg.8 / \ ‘ L �•�• pp•n Girir / 3p / / / 1 zJ 44 46 3e137 I + i / / 111 r• E— 1E— / 111 ie 1 11� 20 MI1!171!• 1S1413121110 II ! • 7 ! ! 4 / 4. Unordered lipaess143 �\ a�xPpaq9sxptc7e � / / 6\\\\` 6 6 4 3 2kir J 111 BIdg.4 / \ �\ / 40 R/l 10'X. / / 9 10 11 12 13 14 16 11 \ 4% , ._, .• — S / 'S �� - i II T � Buil Na. C1 I i \ �' ill ding 6,Space 2 ,I co 7- _Ailktbs- 4'. / V „ w /,..., A, / \ \ ....... 51.--• \\% , 1 \ * imii — I IN %II N \I; C i ——,\ i0 1 ♦ Approx.3105q Ft. ,' f \ % 0 �. I0 1 T , 3 WI \ ------ / II vs! • / I ' /e, ,7 , '` 1 �. / N 1 _ kr — ._ // ., , „„_ 4,___. i . Est* ' \ , . ,A11. // // y, -\'`NN\ I Q speakers / y Dam Neck Road 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 \ 1Lt4efk7j6\ CowxLn Does the applicant have a representative? Yes 0 No • If yes,list the name of the representative. V a-t.e f t ay-t- is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 1:71.Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) )e GbIkAajt".4- . If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1 1"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. 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 '171,,No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure Does the applicant have any existing financing(mortgage,deeds of trust,cross- collaterallzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? • Yes .lo 2 • 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 I51 No • If yes,identify the company and individual providing the service. • 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 5a No • If yes,Identify the firm and individual providing the service. • 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. • Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. • 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 tSt{•No • If yes,identify the company and individual providing the service. 3 • 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 ,riZNo • If yes,identify the firm and individual providing the service. • 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 individua 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,�`,,r Print Name and Tide r vt I� ' w Qoi la, /1 Date IO/i a( ZD�Z Is the applicant also the owner of the subject property? 0 Yes 4;4 No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONL1r f11idisciosures must be updated two(2)weeks prior to any Planning Commission and City Co that pertains-to the applications—Ai j No changes as ofDate 42Ai Signature _A�//`'� —— Print Name 4 4 Continue to Next Page for Owner Disclosure Owner Name Vaep(1. JO( ICI-- Applicant Name \/t21 I "-e-V' e eo11 Ia f Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Etilres ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) V (e i4e Co ( V1 • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) 5 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(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(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. 6 • Does the Owner have any existing financing(mortgage,deeds of trust,cross- coflateralization,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 4,Z_No • If yes,identify the financial Institutions providing the service. • 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. • Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes T .No • If yes,identify the firm and individual providing the service. • Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. • Is there any other pending or proposed purchaser of the subject property?0 Yes 30 No • If yes,identify the purchaser and purchaser's service providers. • Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 'No • If yes,identify the company and individual providing the service. • 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 g-No • If yes,identify the firm and individual providing the service. 7 • 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 / f` Print Name and Trtie \/tOk 1.e(i.� (0 14 O i0--burrvA. Date l 0 j o I -Z,o Z 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Renaming the Bayside Recreation Center as "The Louis R. Jones Bayside Recreation Center" MEETING DATE: December 13, 2022 • Background: Louis R. Jones served the residents of the City on the City Council for 36 years. This tenure included two periods of service as the Mayor (July 1, 1982 through June 30, 1984 and May 1, 2018 through November 19, 2018) and fifteen and a half years as the Vice Mayor (November 1, 2002 through May 1, 2018). Mr. Jones was known as "Mr. Bayside," and he was instrumental in many projects including the Lake Gaston Project. He passed away unexpectedly on June 18, 2022. The Bayside Recreation Center is located at 4500 First Court Road. This facility serves the recreational and fitness needs of the Bayside community and surrounding areas. Honoring the memory of former Mayor Jones by renaming the Bayside Recreation Center would be a fitting reminder to the City's residents and visitors of the many years of service he provided to the City. • Considerations: The attached resolution renames the Bayside Recreation Center in honor of Louis R. Jones. The resolution further provides for the City Manager to take all steps necessary to revise the signage for the facility and all other references to the facility to include its new name. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION RENAMING THE BAYSIDE 2 RECREATION CENTER AS "THE LOUIS R. 3 JONES BAYSIDE RECREATION CENTER" 4 5 WHEREAS, Louis R. Jones served the residents of the City on the City Council for 6 36 years; 7 8 WHEREAS, his tenure on the City Council included two periods of service as the 9 Mayor(July 1, 1982 through June 30, 1984 and May 1, 2018 through November 19, 2018) 10 and fifteen and a half years as the Vice Mayor(November 1, 2002 through May 1, 2018); 11 12 WHEREAS, Louis R. Jones was known as "Mr. Bayside," and he was instrumental 13 in many projects including the Lake Gaston Project; 14 15 WHEREAS, Louis R. Jones passed away unexpectedly on June 18, 2022, at the 16 age of 86; 17 18 WHEREAS, the Bayside Recreation Center is located at 4500 First Court Road 19 and serves the recreational and fitness needs of the Bayside community and surrounding 20 areas; and 21 22 WHEREAS, honoring the memory of Louis R. Jones by renaming the Bayside 23 Recreation Center would be a fitting reminder to the City's residents and visitors of the 24 many years of service he provided to the City. 25 26 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the Bayside Recreation Center, located at 4500 First Court Road, is 30 hereby renamed as "The Louis R. Jones Bayside Recreation Center." 31 32 2. That the City Manager is hereby directed to take all steps necessary to revise 33 the signage for the facility and all other references to the facility to include its 34 new name. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ttor y's Office CA15983 R-1 November 30, 2022 Ku , (\..........„. f 7,,7 L1.c&--; ..-:,-/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Develop a Public Input Process Regarding the City's Election System MEETING DATE: December 13, 2022 ■ Background: The City Charter is the result of a consolidation agreement between the City of Virginia Beach and Princess Anne County, dated November 10, 1961. Starting in 1966, the City Charter provided for at large election of all members of the City Council. Legislation enacted by the General Assembly in 2021 changed any residence districts, such as the residence districts described in Section 3.01 of the City Charter, into wards, which are also known as single-member election districts. A remedial plan imposed by the U.S. District Court for the Eastern District of Virginia in December 2021 required the City to prepare for the 2022 general and special elections using a ten-district ward system of election. On July 27, 2022, the Fourth Circuit U.S. Court of Appeals vacated the district court's orders, but such vacation occurred after the candidates for the 2022 general and special elections had qualified, and accordingly the November 8, 2022 general and special elections proceeded under the ten-district ward system previously ordered by the district court. With the vacation of the district court's order, the City Council must enact a decennial redistricting plan prior to the November 2024 general election. The City Council desires to have a robust public input process that allows the residents multiple avenues to submit input to the City Council regarding the future of elections in the City. The City Council further desires to initiate and substantially complete the public input process with sufficient time to allow the City Council to decide whether to place a referendum on the ballot for the November 7, 2023 election to further receive the input of the residents; • Considerations: The attached resolution sets forth the outline of a plan for public input regarding the City's election system. The resolution describes a process beginning in January, 2023. The resolution further states a desire that the input process be substantially completed prior to August 18, 2023, which is the deadline for the City Council to request a referendum to be held at the November 7, 2023, election. Last, the resolution describes two liaisons to be appointed to represent the interests of the City Council, to provide informal direction where required, and to give regular reports to the City Council. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by Mayor Dyer REQUESTED BY MAYOR DYER 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 DEVELOP A PUBLIC INPUT PROCESS REGARDING THE 3 CITY'S ELECTION SYSTEM 4 5 WHEREAS, the City Charter is the result of a consolidation agreement between 6 the City of Virginia Beach and Princess Anne County, dated November 10, 1961; 7 8 WHEREAS, starting in 1966, the City Charter provided for at large election of all 9 members of the City Council; 10 11 WHEREAS, legislation enacted by the General Assembly in 2021 changed any 12 residence districts, such as the residence districts described in Section 3.01 of the City 13 Charter, into wards, which are also known as single-member election districts; 14 15 WHEREAS, a remedial plan imposed by the U.S. District Court for the Eastern 16 District of Virginia in December 2021 required the City to prepare for the 2022 general 17 and special elections using a ten-district ward system of election; 18 19 WHEREAS, on July 27, 2022, the Fourth Circuit U.S. Court of Appeals vacated the 20 district court's orders, but such vacation occurred after the candidates for the 2022 21 general and special elections had qualified, and accordingly the November 8, 2022 22 general and special elections proceeded under the ten-district ward system previously 23 ordered by the district court; 24 25 WHEREAS, with the vacation of the district court's order, the City Council must 26 enact a decennial redistricting plan prior to the November 2024 general election; 27 28 WHEREAS, the City Council desires to have a robust public input process that 29 allows the residents multiple avenues to submit input to the City Council regarding the 30 future of elections in the City; 31 32 WHEREAS, the City Council further desires to initiate and substantially complete 33 the public input process with sufficient time to allow the City Council to decide whether to 34 place a referendum on the ballot for the November 7, 2023 election to further receive the 35 input of the residents; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, THAT: 39 40 The City Manager, in coordination with the City Attorney, is hereby directed to 41 develop a public information and input process beginning in January, 2023 that includes 42 the following features: 43 - Multiple public briefings and input sessions in both the daytime and the evening 44 hours at various locations within the City; 45 - A webpage and web tool to allow residents to submit comments online; and 46 - Other opportunities for input at the recommendation of the City's 47 Communications Office. 48 As part of the public information and input process, the City Attorney's Office is 49 authorized to provide public briefings discussing the prior litigation and existing legal 50 precedents and statutes applicable to potential election methods to community groups 51 and organizations when requested by any member of the City Council. 52 53 BE IT FURTHER RESOLVED, THAT: 54 55 The City Council desires the public input process to be substantially completed 56 prior to August 18, 2023, which is the deadline to request a referendum election be held 57 at the November, 7, 2023 election. 58 59 BE IT FURTHER RESOLVED, THAT: 60 61 The City Council intends to appoint liaisons for the public input process, and such 62 liaisons are to represent the interests of the City Council, to provide informal direction 63 where required, and to give regular reports to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of . 2022. APPROVED AS TO LEGAL SUFFICIENCY: ity Attorney's Office CA15998 R-1 December 2, 2022 rJ�' bG 4,, 71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a $50,000 Grant to the Virginia Sports Hall of Fame Foundation, Inc. MEETING DATE: December 13, 2022 • Background: The Virginia Sports Hall of Fame Foundation, Inc., doing business as the Virginia Sports Hall of Fame (VSHF), is dedicated to developing the community of athletes and honoring athletic excellence in the Commonwealth. For over fifty years, the VSHF has honored those who have excelled in sport, and it looks to the future to educate, engage, and entertain sports fans across the Commonwealth. The City has the VSHF offices located in the Virginia Beach Town Center as well as the interactive and digital experience called "Walk the Hall," which is a free pedestrian tour of exhibits in six different hotel and office tower lobbies. An additional display recognizing champions from Virginia's sporting history is located at the Virginia Beach Sports Center at the Oceanfront. In FY 2017-18, FY 2018-19, and FY 2019-20, the VSHF was awarded $125,000 per year from the Virginia Tourism Authority for general operating expenses. These allocations were made by the Commonwealth to the City, and the City issued the payments to the VSHF. This funding from the Tourism Authority was to assist in the Hall of Fame's relocation from Portsmouth to Virginia Beach. In addition to this pass-through award, the City provided an annual contribution of $50,000 for three years. This amount was added to the FY 2018-19 Operating Budget during budget reconciliation to support marketing and advertising efforts of the museum to solidify their presence in Town Center. The most recently adopted budget of the Commonwealth of Virginia provided another $125,000 contribution to the museum; however, the City is no longer required to administer the grant to the organization. The Hall of Fame is requesting additional City funding to enhance its presence within the City in the amount of $50,000. • Considerations: The City recognizes the positive impact on the quality of life through sport as well as the economic impact through sporting events by generating year- round visitation and regional and national media exposure. Sporting events are vital to the tourism industry, and the $50,000 grant will assist VSFH with inspiring sports fans through programming and engaging entertainment. The funding for this project will be provided by Convention and Visitors Bureau from existing appropriations within Tourism Investment Program (TIP) Fund. The TIP Fund was established to provide funding and support for tourism-related opportunities that create a positive return on investment for the City. As a recipient of $50,000 from the TIP fund, the VSHF will be responsible for providing fiscal impact information to the City including: total number of attendees/visitors; percentage of attendees/visitors from out of market (defined as outside of the Hampton Roads MSA); and hotel room block/pick up if applicable and marketing plan associated with the Hall of Fame. ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance REQUESTED BY COUNCILMEMBERS BERLUCCHI AND BRANCH 1 AN ORDINANCE TO AUTHORIZE A $50,000 GRANT TO 2 THE VIRGINIA SPORTS HALL OF FAME FOUNDATION, 3 INC. 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A grant of $50,000 from the Tourism Investment Program Fund is hereby 9 authorized for the Virginia Sports Hall of Fame Foundation, Inc., to be provided by the 10 Convention and Visitors Bureau. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: wry,jiff Awr- y_ (.! udget and Management Services C or ey's Olfrce- _ CA15996 R-1 November 30, 2022 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 21/ Accounting and/or preparer of your tax return C'- Ler . , ec Financial Services (include ,$ El lending/banking institutions and current mortgage holders as tto^vc, U`\'Dr` applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. tarn. SC,b t APPLICANT'S SIGNATURE PRINT NAME DATE ue� 4 r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Membership of the Virginia Beach Cannabis Advisory Task Force MEETING DATE: December 13, 2022 • Background: On October 20, 2022, the City Council established the Virginia Beach Cannabis Advisory Task Force to review state and federal laws related to cannabis consumption, sale and manufacture; to make recommendations of best practices related to zoning and other policies to protect the public safety and quality of life of residents and visitors; to gather public input on the issue; and to perform additional duties assigned to the Task Force by the City Council. Considerations: The resolution that established the Task Force provided for sixteen members, including subject-matter experts, stakeholders, representatives of several professions and of several City entities, and three citizens from across the City. A substantial number of citizens have expressed interest in serving on the Task Force, and expansion of the Task Force membership to include two additional citizen members would benefit the Task Force and the City. The resolution adds two additional citizen members, for a total of five, and it also provides for staggered terms (half of the initial appointments will be for one-year terms; the other half, and all future appointments, are for two-year terms). • Public Information: This item will be advertised in the same manner as other agenda items. • Attachment: Resolution. Requested by Councilmembers Berlucchi and Tower REQUESTED BY COUNCILMEMBERS BERLUCCHI AND TOWER 1 A RESOLUTION REGARDING THE MEMBERSIP OF 2 THE VIRGINIA BEACH CANNABIS ADVISORY TASK 3 FORCE 4 5 WHEREAS, on October 20, 2022, the City Council established the Virginia Beach 6 Cannabis Advisory Task Force to review state and federal laws related to cannabis 7 consumption, sale and manufacture; to make recommendations of best practices related 8 to zoning and other policies to protect the public safety and quality of life of residents and 9 visitors; to gather public input on the issue; and to perform additional duties assigned to 10 the Task Force by the City Council; 11 12 WHEREAS, the resolution that established the Task Force provided for sixteen 13 members, including subject-matter experts, stakeholders, representatives of several 14 professions and of several City entities, and three citizens from across the City; 15 16 WHEREAS, a substantial number of citizens have expressed interest in serving 17 on the Task Force, and expansion of the Task Force membership to include two 18 additional citizen members would benefit the Task Force and the City. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the task force shall consist of eighteen members, including: 24 25 • A City Council member; 26 • A Resort Advisory Commission representative; 27 • A resort business professional; 28 • A commercial real estate professional; 29 • A healthcare professional; 30 • A Minority Business Council representative; 31 • Two cannabis industry representatives; 32 • A Planning Department representative; 33 • An Economic Development representative; 34 • A member from law enforcement; 35 • A civic league representative; 36 • A representative from Virginia Beach City Public Schools; and 37 • Five citizens from across the City. 38 39 2. That, for the initial appointments, the following shall be appointed to one-year 40 terms: the representatives of the Resort Advisory Commission, Minority 41 Business Council, Planning Department, Economic Development, and the City 42 Council; the member from law enforcement; one of the two cannabis industry 43 representatives; and two of the five citizen members. The other initial 44 appointments, and any future appointments, shall be for two-year terms. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: -7 /r&Z,4"a City Attorney's Offic CA 15999 R-2 December 6, 2022 44‘..V.A•:111- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the 2023 North Landing River / Albemarle Sound Estuarine Symposium MEETING DATE: December 13, 2022 • Background: On April 19, 2018, the City of Virginia Beach, in affiliation with the Albemarle-Pamlico National Estuary Partnership, Virginia Institute of Marine Science, The Nature Conservancy, and Old Dominion University, hosted the "2018 North Landing River/Albemarle Sound Estuarine Symposium" at the Virginia Beach Convention Center. The event cultivated stakeholder collaboration to identify, protect, and restore the significant resources of the North Landing River/Albemarle Sound, and highly knowledgeable speakers and subject matter experts addressed many topics during the day-long symposium, including the cultural history of the North Landing Watershed, an overview of the Albemarle-Pamlico Estuarine System, collaborative activities between Virginia and North Carolina agencies, the state of the forest, wetlands, climate change/sea level rise, fish habitats, and the research and activities of federal, state and local government agencies, nonprofits, and educational institutions. • Considerations: Approximately 175 people participated in the 2018 symposium, and each paid a $28 fee that covered the cost of a box lunch and a processing fee. The City and the City's symposium partners would greatly benefit from a follow-up symposium in which the City and other participants could share and discuss the substantial additional data that the City and others have collected in the four years since the first symposium. The ordinance requests that the City Manager take the steps necessary for the City to host the symposium in early-to-mid April 2023. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmember Henley REQUESTED BY COUNCILMEMBER HENLEY 1 AN ORDINANCE TO AUTHORIZE THE 2023 NORTH 2 LANDING RIVER / ALBERMARLE SOUND ESTUARINE 3 SYMPOSIUM 4 5 WHEREAS, on April 19, 2018, the City of Virginia Beach, in affiliation with the 6 Albemarle-Pamlico National Estuary Partnership (APNEP), Virginia Institute of Marine 7 Science (VIMS), The Nature Conservancy (TNC), and Old Dominion University, hosted 8 the "2018 North Landing River/Albemarle Sound Estuarine Symposium" at the Virginia 9 Beach Convention Center; 10 11 WHEREAS, the event cultivated stakeholder collaboration to identify, protect, and 12 restore the significant resources of the North Landing River/Albemarle Sound, and highly 13 knowledgeable speakers and subject matter experts addressed many topics during the 14 day-long symposium, including the cultural history of the North Landing Watershed, an 15 overview of the Albemarle-Pamlico Estuarine System, collaborative activities between 16 Virginia and North Carolina agencies, the state of the forest, wetlands, climate 17 change/sea level rise, fish habitats, and the research and activities of federal, state and 18 local government agencies, nonprofits, and educational institutions; and 19 20 WHEREAS, the City and the City's symposium partners would greatly benefit from 21 a follow-up symposium in which the City and other participants could share and discuss 22 the substantial additional data that the City and others have collected in the four years 23 since the first symposium; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA, THAT: 27 28 The City Council requests that the City Manager take the steps necessary for the 29 City to host a 2023 North Landing River/Albemarle Sound Estuarine Symposium in early- 30 to-mid April 2023 at the Virginia Beach Convention Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: .7ZO-rhe City Attorney's Office CA16000 R-1 December 5, 2022 rrPs'A yl) [ ,,,,,, ir 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Erect Signs Discouraging Motorists from Giving Money to Panhandlers MEETING DATE: December 13, 2022 • Background: City staff has recommended a holistic, coordinated approach involving community stakeholders—including multiple City departments, service partners, and businesses—to effectively address panhandling in Virginia Beach. Staff identified four key goals to address panhandling: (1) enhance understanding of panhandling in Virginia Beach and its impact on the community; (2) develop a campaign to educate and change behaviors of givers and raise awareness of how people experiencing homelessness can access services; (3) enhance and expand engagement with the business community; and (4) research and study successful programs to address panhandling in other communities. The posting of signage that discourages motorists from giving to panhandlers but instead provides a link to information about local nonprofits that donors could support, or that persons in need of services could contact for assistance, could support the second goal of educating and changing behaviors of donors and providing those in need with access to supportive resources. This ordinance will authorize a pilot program and direct the City to erect and maintain, at proper places within City rights of way, appropriate signs discouraging motorists from giving money to panhandlers. Such signs would be placed in locations where, in the judgment of the City Manager, it would be unsafe for motorists to give money to panhandlers. Staff would conduct a study once the pilot program has been implemented for a six-to-twelve-month period to determine the effectiveness of the signage, and if there is no significant decrease, the pilot program may be discontinued. • Considerations: The signs erected would read, "Give to Many, Not Just One" and include a QR code with a link to a list of local nonprofit community partners that donors could support or that persons in need could contact for assistance. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance. Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 ERECT SIGNS DISCOURAGING MOTORISTS FROM 3 GIVING MONEY TO PANHANDLERS 4 5 WHEREAS, City staff has recommended a holistic, coordinated approach 6 involving community stakeholders—including multiple City departments, service 7 partners, and businesses—to effectively address panhandling in Virginia Beach; 8 9 WHEREAS, staff identified four key goals to address panhandling: 10 11 1. Enhance understanding of panhandling in Virginia Beach and its impact 12 on the community; 13 14 2. Develop a campaign to educate and change behaviors of givers and 15 raise awareness of how people experiencing homelessness can access 16 services; 17 18 3. Enhance and expand engagement with the business community; and 19 20 4. Research and study successful programs to address panhandling in 21 other communities; and 22 23 WHEREAS, the posting of signage that discourages motorists from giving to 24 panhandlers but instead provides a link to information about local nonprofits that donors 25 could support, or that persons in need of services could contact for assistance, could 26 further the second goal above of educating and changing behaviors of donors and 27 providing those in need with access to supportive resources; 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 1. That the City Manager is hereby authorized and directed to undertake a pilot 33 program by erecting and maintaining, at proper places within City rights of way, 34 appropriate signs discouraging motorists from giving money to panhandlers. Such signs 35 shall be placed in locations where, in the judgment of the City Manager, it would be 36 unsafe for motorists to give money to panhandlers; and 37 38 2. That the signs erected pursuant to this ordinance shall read, "Please do not 39 encourage panhandling by giving money from your vehicle. Give to Many, Not Just 40 One," and the signs shall include a QR code or website with information regarding local 41 nonprofit community partners that donors could support or that persons in need could 42 contact for assistance. 43 44 3. That the City Manager shall have staff conduct a study once the signage pilot 45 program has been implemented for a six-to-twelve-month period to determine the 46 effectiveness of the signage, and if there is no significant decrease, the pilot program 47 may be discontinued, and the signage may be removed. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: orribl.Go4 City Attorneys Office . C...--'- CA15857 R-5 December 8, 2022 �-4KU 8�;1 it `V gyp•' Z IV, t iy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Re-declaring 2.25+/- acres of City Property Located on Upton Drive to be in Excess of the City's Needs and Authorizing the City Manager to Execute the Documents Necessary to Complete the Conveyance of the Property to Hospice House of Hampton Roads HEARING DATE: December 6, 2022 MEETING DATE: December 13, 2022 • Background: On August 15, 2017, by Ordinance ORD-3515G, City Council declared a 2.25+/- acre parcel (GPIN 2414-47-2012) located on Upton Drive near the intersection of Nimmo Parkway (the "Property") to be in excess of the City's needs and authorized the Property's conveyance to Hospice House of Hampton Roads, formerly known as Hospice House of South Hampton Roads, Inc. ("Hospice House"), a non-profit 501(c)(3) organization. City Council authorized the conveyance for Hospice House to construct and operate an approximately 12,000 sq. ft., 12-bed hospice care facility (the "Facility"). The Facility would be the first free-standing inpatient hospice care facility in the Hampton Roads region. The City had acquired the Property in 1985 through condemnation proceedings as part of the Transportation Safety Improvement Project, CIP 2- 024, which project has been completed. Pursuant to Ordinance ORD-3515G, the City and Hospice House entered into a development agreement, dated April 26, 2022 (the "Development Agreement"), to convey the Property to Hospice House once Hospice House met certain conditions necessary to close, including obtaining a conditional use permit and site plan approval. Ordinance ORD-3515G included an expiration date of June 5, 2022 to encourage intentional pursuit of their fundraising and permit approvals, but despite diligent efforts, the conveyance did not occur before the ordinance expired. Hospice House has represented that it is ready and willing to close on the conveyance of the Property. Hospice House has been persistent in meeting all necessary conditions to close, including securing financing, obtaining a conditional use permit, and receiving conditional site plan approval in order to construct the Facility. City staff recommends ratifying the Development Agreement and conveying the Property to Hospice House, pursuant to the terms of the Development Agreement, a summary of which is attached to the Ordinance as Exhibit B. ■ Considerations: Because the Property was acquired through condemnation, a minimum of three-fourths of all City Council members must vote in favor of the conveyance. • Public Information: A public hearing was advertised in The Virginian-Pilot on November 27, 2022 and will be held on December 6, 2022. Public information will also be provided through the normal City Council agenda process. A public hearing was also held in 2017 prior to the adoption of Ordinance ORD-3515G. • Recommendation: Approve the Ordinance ■ Alternatives: Deny • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval of the Ordinance i Submitting Department/Agency: Public Works/Real Estate City Manager: z6L- mo PA o 1 AN ORDINANCE RE-DECLARING 2.25+/- ACRES 2 OF CITY PROPERTY LOCATED ON UPTON 3 DRIVE TO BE IN EXCESS OF THE CITY'S NEEDS 4 AND AUTHORIZING THE CITY MANAGER TO 5 EXECUTE THE DOCUMENTS NECESSARY TO 6 COMPLETE THE CONVEYANCE OF THE 7 PROPERTY TO HOSPICE HOUSE OF HAMPTON 8 ROADS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 11 2.25+/- acres of land on Upton Drive (GPIN: 2414-47-2012) (the "Property"), and more 12 particularly described on Exhibit A, attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Property in 1985 as part of the Transportation 15 Safety Improvement Project, CIP 2-024, which project has been completed; 16 17 WHEREAS, on August 15, 2017, by Ordinance ORD-3515G, City Council 18 declared the Property to be in excess of the City's needs and authorized the 19 conveyance of the Property to Hospice House of Hampton Roads, formerly known as 20 Hospice House of South Hampton Roads, Inc. ("Hospice House"), a non-profit 501(c)(3) 21 organization, to construct and operate an approximately 12,000 sq. ft., 12-bed hospice 22 care facility (the "Facility"); 23 24 WHEREAS, pursuant to Ordinance ORD-3515G, the City and Hospice House 25 entered into a development agreement, dated April 26, 2022 (the "Development 26 Agreement"), to convey the Property to Hospice House once Hospice House met 27 certain conditions necessary to close; 28 29 WHEREAS, Ordinance ORD-3515G contained an automatic expiration date for 30 the conveyance of the Property to Hospice House, which date has passed; 31 32 WHEREAS, Hospice House has diligently pursued meeting the conditions, 33 however, due to various circumstances, conveyance of the Property has not yet 34 occurred and Ordinance ORD-3515G has expired; 35 36 WHEREAS, Hospice House has represented that it is ready and willing to close 37 on the conveyance of the Property, and City staff desires to complete the conveyance of 38 the Property to Hospice House as contemplated by the Development Agreement; 39 40 WHEREAS, Hospice House intends to close on the Property pursuant to the 41 terms of the Development Agreement, a summary of which are attached hereto and 42 made a part hereof as Exhibit B (the "Summary of Terms of Development Agreement"); 43 and 44 45 WHEREAS, the City Council finds that the Property is still in excess of the needs 46 of the City of Virginia Beach, and conveyance of the Property to Hospice House to 47 support the construction of a hospice facility would provide a benefit of the community. 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 51 1) That the 2.25+/- acres of City Property located on Upton Drive (GPIN: 2414- 52 47-2012), as shown on Exhibit A attached hereto and made a part hereof, is hereby 53 declared to be in excess of the needs of the City of Virginia Beach; and 54 55 2) That the City Manager is hereby authorized to execute any documents 56 necessary to ratify the Development Agreement and to complete the conveyance of the 57 Property to Hospice House of Hampton Roads in accordance with the Summary of 58 Terms as shown on Exhibit B, and such other terms, conditions or modifications as may 59 be acceptable to the City Manager and in a form deemed satisfactory by the City 60 Attorney. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 63 of , 2022. Requires an affirmative vote by three-fourths (3/4) of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , A4/0/ • AV-\ PUBLIC WORKS/REAL ESTATE fATTpNEYICE CA15819 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p046\00845775.docx R-1 November 23, 2022 2 EXHIBIT A ALL THAT certain lot, tract or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL `Y"' on that certain plat entitled "SUBDIVISION OF LOT 1393A RESUBDIVISION OF PROPERTY LOT 1393 SUBDIVISION OF RED MILL FARM SECTION 23 / SOUTH SHORE ESTATE (M.B. 279, PG. 92) AND RESIDUAL PARCELS A & B PROPERTY OF CITY OF VIRGINIA BEACH (D.B. 2466, PGS. 1258 & 1259) M.B. 279, PG. 92", dated April 24, 2019 and revised through May 7, 2021, prepared by City of Virginia Beach, Department of Public Works, Engineering Group, Survey Bureau, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 202107000121. LESS AND EXCEPT AND RESERVING TO the City any easements required for utilities, traffic control, communication facilities, drainage, maintenance, and access to accommodate any existing facilities for which an easement has not yet been identified as designated and described in a forthcoming plat(specific location and square footages to be determined by plat). LESS AND EXCEPT AND RESERVING TO the City that certain permanent easement designated as "PROPOSED 30' PUBLIC DRAINAGE EASEMENT" as shown on the aforesaid plat and as further described in a forthcoming plat(specific location and square footages to be determined by plat). LESS AND EXCEPT AND RESERVING TO the City all right, title, and interest of City in and to any and all easements, rights-of-way, private roads, and other rights of access, ingress and/or egress adjacent to, appurtenant to, or in any way benefitting the above- described property. IT BEING a part of the same property acquired by the City of Virginia Beach by Certificate of Condemnation dated April 4, 1985, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach at Deed Book 2401, Page 1838 (now Instrument Number 198508170328), as amended by Amended Certificate of Condemnation dated December 26, 1985, recorded in the aforementioned clerk's office at Deed Book 2467, Page 1845 (now Instrument Number 198508123161), title vesting by Final Order of the Circuit Court of the City of Virginia Beach, dated December 30, 1985, recorded in the aforementioned clerk's office at Deed Book 2473, Page 1279 (now Instrument Number 198608280491). EXHIBIT B SUMMARY OF TERMS OF DEVELOPMENT AGREEMENT CONVEYANCE OF EXCESS CITY PROPERTY GRANTOR: City of Virginia Beach (the "City") GRANTEE: Hospice House of Hampton Roads ("Hospice House") PROPERTY: 2.25+/- acres of City property (GPIN: 2414-47-2012) located on Upton Drive near the intersection of Nimmo Parkway (the "Property") CONSIDERATION: To be conveyed on the condition that the property be used as a hospice care facility serving the City of Virginia Beach. CONDITIONS OF CONVEYANCE: • Hospice House will build a 12-bed hospice facility of approximately 12,000 sq. ft., expected to include a family kitchen, chapel, staff lounge, volunteer room, executive and administrative support offices, conference room, and covered and screened porches (the "Facility"). • Hospice House will be responsible for all costs associated with designing, constructing, and equipping the Facility. • The Property will be conveyed to Hospice House "as is", and subject to all existing easements and encumbrances of record. • Hospice House will obtain financing and secure an income stream, that, in the opinion of the City, is sufficient to build and maintain the Facility and sustain its hospice program. Hospice House will be responsible for all future operating, maintenance, and replacement costs associated with the Property and the Facility. • The Property shall be used only for non-profit purposes consistent with the mission of Hospice House. The Property may not be sold or otherwise conveyed to another entity unless approved by the City. • If settlement does not occur on or before July 1, 2024, the City has the option of terminating the Development Agreement, in which case neither party will have any further rights, liabilities, or obligations to the other. • If Hospice House has not begun construction of the Facility by November 1 , 2024, the City will have the option of reclaiming the Property at no cost to the City. LOCATION MAP CO\Crc'T-AL SITE LA"^✓..— a L.AVGSG.AP: PLAN or SOUTH HAMfi TON ROADS HOSF I GE HOUSE �'� UPTON GRIVE 4 NIMMO PAR<;,\A" re... VIRGINIA BEACH, VA . �r 1' F.. *111' ..... . ' !� :1 That"+b.1..,, 1 qY... •• .,:.s . M — w 1 7:-: ., tk I r . . M( /' (It' i 1.1Y PN ) iii,73. ,., . ' • _ I . .. � - ,sae 't (FTON DRIVt �.«- .. .ads^;• -.-'A�^►-+.-► . 1 \,.. \... •� e I I - t Site Data G11w. 24114129n Geo A.w•ieaa•11r'u •CO Ac sift.An..lvN.lra•.., P•cel-A' r 2.2S Ac 40 0 40 Al Parcel 11• •1.74 Air 2.144fi Inr'MM R-7.5 7Napob.d lm1.0 11.7.1 1 110M-40 11 1.aln.Rut.A.y 51.. N/A M S A P-C'- P•ny,.•.1 R...Lnp Sim r 17.000 S1112 Sala) A`�: 2/0 i/6 • 1mslnnnWvmaa•FUTON•vn,•. Me Data • • !'nil a I m4l,,....l,iptar5•una...pc 4.1_nrr_ PM►M.R Rw1.Ar.A 0e4 O.h*1.n. 4. '504L MO Mf 1,1111 1•.1.AAE9 14•M01l,O}C,•r 41 SpKe;44dl 17 Somme OM%ANL.^l4r0we.•ROMA,t.17 1irI A4Q twolvate,ye cn i t Rout 1)nce.Virginia Roach.VA Dan: hrNnR R.,.«f.A to 1p.e� lrrl YIG.r,C/A TA Mt M7'wo[sy.rf car:#'CAUMPOrs A.AN•••.. , • ?t7-J+1f14:M Il w�I?t 7.JW)PM1N If•c 1 1Nn.11 NO APS.-flORJ OW.•O•.W nUT•K p 54 5-N•4045',MN'', . - •O.A '.:••C.7Q.lD•b+R 116@.PC.M••1'9011 O.MS-.'KM M1%,A i 1.•uRllne ellnl Ne.FneW.1.1 Q I fA.4l.!MONO 1A.P Ar."aM n 1 i ' v Disclosure Statement City of Viryirrrr fle i, 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 Hospice House of Hampton Roads Does the applicant have a representative? ■ Yes 0 No • If yes,list the name of the representative. Mark Borst 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 • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) None 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Disclosure Statement 123 City of Vitginh.Bauch 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. Mike Kos,Southern Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the firm and individual providing the service. Westminster-Canterbury on Chesapeake Bay 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. Duff Kliewer with Cox,Kliewer&Associates S. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ■ No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement City of Viryinnr Baut Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?■ Yes ❑ No • If yes,identify the company and individual providing the service. Chad Brochard,Whiting Turner 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 Cl No • If yes,identify the firm and individual providing the service. Scott Acey,MSA 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. Hugh Patterson&Stephen Brewer 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 p blic body or committee in connection with this application. j4A1/1 Ub`r pplicant Si nature vl i5 ( FO Print N me and Title I Zgi 22— Date Is the applicant also the owner of the subject property? 0 Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 3 Disclosure Statement city of Vi►9irm 6eod+ Planning&Commu i =. Development . Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement 1\13 City of Virginia Batch Planning & Community Development Owner Disclosure Owner Name Applicant Name Hospice House of Hampton Roads 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. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I Disclosure Statement U3 City of Virginia&ao Planning & Community I �elopment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/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? 0 Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the Ownerhave an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Disclosure Statement 'NB ('i(y n)l iryinia Spxuth 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 Print Name and Title Date Revised 11.09.2020 7 I HHHR BOD ROSTER Executive Director - Lynn Clements - 757-651-4832 Director 11111 Committee/Position I Phone Number Email Ms. Cindy Curtis Building, 757-373-7336 cindycurtisvtl@aol.com Exec, Treasurer Finance and Audit, Chair Dr. Marissa Galicia-Castillo Medical Advisor 757-839-1155 galiciacastillo.smc@gmail.com Dr. Paul Conkling Director 757-286-1463 paul.conkling@usoncology.com Mr. Patrick Gill Building,Co-Chair, 757-672-9391 patrick.gill@colliers.com Fundraising, Nominating Dr. Terry Jenkins Fundraising 757-214-5561 ljenkins37@gmail.Com Mr. John Langlois Director 757-681-7202 john@televideoproductions.com Mrs. Paula Miller Fundraising 757-773-8787 paulamiller87@msn.com Mr. Jim Oliver Fundraising 757-235-1889 ndjimoliver@gmail.com Ms. Mary Parker Fundraising 757-407-3277 parkers4125@cox.net Mr. Hugh Patterson, Esq. Legal Counsel, 757-422-1345 hpatterson@wilsay.com Fundraising,Honorary Chair Mr. Chick Robison, III Building,Co-Chair 757-630-7444 cdrobison3@cox.net Fundraising, Nominating, Chair Dr.Amelia Ross-Hammond Director (757)270-4658 anrphd@aol.com Dr. Paul Schellhammer Exec,Chair 757-287-0860 pfschellhammer@gmail.com Fundraising Mr. Jim Spore Building, 757-961-8181 james.k.spore@gmail.com Finance &Audit, Fundraising Mr. Martin Thomas Exec, Vice Chair 757-622-3317 mthomas@decklaw.com Fundraising Finance and Audit Ms. Barbara Unkle Exec,Secretary 817-676-5049 barbara.unkle@gmail.com Building, Finance &Audit, Fundraising HHHR BOD ROSTER Mr.Alvin Wall Finance&Audit 757-285-7286 awall@wec-cpa.corn Mr. Mark Warden Fundraising 757-623-3676 mark.warden@wstam.com I ,,...,. CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEMS: Ordinances to Designate The Princess Anne Crew Club Auxiliary, Little Christian Academy, Coastal Virginia Building Industry Association, Inc., and Junior Achievement of Greater Hampton Roads, Inc. as Being Exempt from Local Property Taxation MEETING DATE: December 13, 2022 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). • Considerations: The Commissioner of the Revenue has received four applications for tax exemption by designation, which are presented for the City Council's action. The Commissioner has reviewed the applications presented for formal action and finds each meets the City Council policy for Tax Exemption by Designation. Each of these applicants is seeking exemption from personal property not real property. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for these items was held on December 6, 2022, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (4); Commissioner of Revenue Summary of the Applications (4); Disclosure Forms (4); Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE THE PRINCESS ANNE 2 CREW CLUB AUXILIARY AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to The Princess Anne Crew Club Auxiliary; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 13 Princess Anne Crew Club Auxiliary a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by The Princess Anne Crew Club Auxiliary located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Princess Anne Crew Club Auxiliary for 23 exclusively charitable purposes; 24 25 (b) that each July 1, The Princess Anne Crew Club Auxiliary shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, The Princess Anne Crew 31 Club Auxiliary shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that The Princess Anne Crew Club Auxiliary cooperate fully with the 35 Commissioner of the Revenue with respect to audit of its financial records and 36 compliance with the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. APB-ROVED AS TO CONTENT: APPROVED AS TO LEGAL CIENCY: C/1/. .itv • Commissioner f t Revenue Ci Att rney's Office CA15974/R-1/November 8, 2022 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: The Princess Anne Crew Club Auxiliary Website: https://pacrew.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Princess Anne Crew Club Auxiliary's mission is to provide access to any high school student in Virginia Beach to a sport that many students could not be able to afford to get involved in due to the exorbitant costs. They accept rowers from any school, public or private, as well as homeschool students. Their student athletes learn leadership skills as well as the lifelong benefits of physical fitness, grit, determination, and teamwork. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $8,042.00 Tax: $140.53 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February 2,2011 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 Organi zation name: %\(\Ctt kn1 GC ?trr CU° 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) dAccounting and/or preparer of your tax return Financial Services (include -�r c Q11 4, e5 [l El lending/banking institutions and current mortgage holders as fbtintwAiicul cf4 applicable) E( Legal Services -� Broker/Contractor/Engineer/Other Service Providers L 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. le6Vit 061,1-ar3 (o (d y APPLICANT' IGNATURE PRINT NAME DA E OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Little Christian Academy Website: https://www.facebook.com/warriorschristian SUMMARY OF NONPROFIT BUSINESS ACTIVITY Little Christian Academy's mission is to provide a safe, loving, and nurturing environment sensitive to each child's emotional, intellectual, physical, and social needs. They empower students using the word of God through age centered devotionals. They are open to children ages 6 weeks to 12 years. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $2,056.00 Tax: $82.24 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c) 3 status— September 15, 2020 1 AN ORDINANCE TO DESIGNATE LITTLE CHRISTIAN 2 ACADEMY AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Little Christian Academy; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Little 13 Christian Academy a charitable organization within the context of§ 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Little Christian Academy located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Little Christian Academy for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Little Christian Academy shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1 , 2025, Little Christian Academy 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Little Christian Academy cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. AiVED AS TO CON ►pT: APPROVED AS TO LEGAL IEN -Y: • /AL_AA • Commissioner • 'W'evenue Att rney's Office CA15975/R-1/Noven • r 8, 2022 DISCLOSURE STATEMENT FORM 4 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: J _CJriLa.dern047. i 1 arrior f r� ea.a e �.. f t � �ire�to SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of. "--4. your tax return s J-latfm Financial Services (include D: lending/banking institutions and current mortgage holders as applicable) D (g Legal Services D cz, Broker/Contractor/Engineer/Other Service Providers _ _•.4. 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. /461 �e� s ic2,-1-zdza APPLI:AM" NA PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE COASTAL VIRGINIA 2 BUILDING INDUSTRY ASSOCIATION, INC. AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Coastal Virginia Building Industry Association, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Coastal 13 Virginia Building Industry Association, Inc. a charitable organization within the context of § 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Coastal Virginia Building Industry Association, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Coastal Virginia Building Industry Association, 23 Inc. for exclusively charitable purposes; 24 25 (b) that each July 1, Coastal Virginia Building Industry Association, Inc. shall file with 26 the Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Coastal Virginia Building 31 Industry Association, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Coastal Virginia Building Industry Association, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. AP VED AS TO CONTNT: AP OVED AS TO LEGAL U !IIY: • C mission of t a Revenue City At rney's Office CA15976/R-1/No er 8, 2022 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Coastal Virginia Building Industry Association Inc. Website: cvbia.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY A member trade organization representing more than 500 companies in Southeastern Virginia involved in residential home building, commercial construction and property management. Their mission is to improve the climate for quality housing for all incomes; promote the growth and development of the shelter industry; promote excellence and professionalism among members through educational and networking opportunities; and support and enhance the community through charitable projects. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $18,505.60 Tax: $740.24 RELEVANT INFORMATION IRS Granted 501 (c) 6 status—July 1955 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 r nization name: L' a&b'-/ V ,'ia Eui/J Aiust O ga , sera � SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of 14AI/, hor/) 4 ChetA,tur your tax return Financial Services (include 714)4e, awk ® lending/banking institutions and current mortgage holders as applicable) III Legal Services A/4,fri.tylar) . lam/GS Ej Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. K. Cal P 7.2/ APPLICANT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE JUNIOR ACHIEVEMENT 2 OF GREATER HAMPTON ROADS, INC. AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 personal property taxes to Junior Achievement of Greater Hampton Roads, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Junior 13 Achievement of Greater Hampton Roads, Inc. a charitable organization within the context of§ 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That personal property owned by Junior Achievement of Greater Hampton Roads, 17 Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on 18 a nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Junior Achievement of Greater Hampton 23 Roads, Inc. for exclusively charitable purposes; 24 25 (b) that each July 1, Junior Achievement of Greater Hampton Roads, Inc. shall file 26 with the Commissioner of the Revenue a copy of its most recent federal income 27 tax return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Junior Achievement of 31 Greater Hampton Roads, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d)that Junior Achievement of Greater Hampton Roads, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote of three-fourths of the members of the City Council. •''OVED AS TO CO T NT: APPROVED AS TO LEGAL U FICIENCY: tJiL commission - cip e Revenue ttor ey's Offic I 15647/R-1/No •- •er 8, 2022 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Junior Achievement of Greater Hampton Roads Inc. Website: hamptonroads.ja.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Junior Achievement is an organization dedicated to educating students K-12 about workforce readiness, entrepreneurship, and financial literacy through hands on programs.Volunteers serve as role models helping to positively impact young people's perceptions about the importance of education, as well as critical life skills.Junior Achievement's mission is to inspire and prepare young people to succeed. TAX IMPACT Real Property Parcel Assessment: None Tax: None Personal Property Assessed Value: $4,277.11 Tax: $171.08 Vehicle: RELEVANT INFORMATION IRS Granted 501 (c)3 status—January 1994 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: Junior Achievement of Greater Hampton Roads, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER (use additional sheets S if needed) Hobson Business Solutions El E3 Accounting and/or preparer of & Barnes, Brock, Cornwell, your tax return and Painter, PLC Financial Services (include Bank of America El lending/banking institutions TowneBank El and current mortgage holders as applicable) Williams Mullen El � Legal Services Payday Payroll, ADP, Cox Cornmunications, Broker/Contractor/Engineer/Ot USBank Equipment Finance, El0 her Service Providers Pitney Bowes, ESI/Xerox, and USI 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. Jamie Henry Jamie Henry 10.18.22 APPLICANT'S SIGNATURE - PRINT NAME DATE -- i ` i I tiN,,,.s Original Proposal gads ~ '66.4N\ gi./ City Council o c o. aro■►r• Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoptiorr February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from Iocal property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the proPertY. . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue • detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6,2008 Page 2 .of 4 • • 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on forms) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§ 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Ccuncil Policy Regarding AppIicationts for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall indude submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. r� ii fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $48,294,167 of School Reversion and Revenue Sharing Funds MEETING DATE: December 13, 2022 • Background: The current City and Schools revenue sharing policy (the "Policy") has been in place since 2019. Section 6 of the Policy outlines the process for the School Board to request lapsed funds and overperformance of certain revenues. In accordance with the Policy, the School Board adopted a Resolution on November 9, 2022, which is attached hereto. The total amount that the School Board is requesting to be appropriated by City Council is $48,294,167. Comprising the total amount is $15,680,703 of School Operating reversion funds, $3,746,765 of unspent debt service from the FY 2021-22 budget, $938,410 of additional revenue over the appropriated budget, $296,396 of reverted funds from the Athletics fund, $409,492 of reverted funds from the Green Run Collegiate Charter School fund, and $27,222,401 due to the overperformance of revenues that comprise the Revenue Sharing Formula. The School Board has requested funds be appropriated in the following manner: 1. A total of$35,294,167 to be appropriated to the FY 2022-23 CIP Fund, transferred in the form of pay-as-you-go funding: a. $3,746,765 with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds; b. $5,572,862 to offset state construction grants revenue under budget as estimated in the Adopted FY 2022-23 CIP; c. Project 1-015 Princess Anne High School Replacement - $10,547,220; d. Project 1-028 B.F Williams/Bayside 6th (Grade 4-6) School Replacement - $7,547,220; e. Project 1-029 Bayside High School Replacement - $4,880,100; f. Project 1-030 Payroll System Replacement- $3,000,000; 2. $11,000,000 to be appropriated to School Reserve Special Revenue Funds to be set-aside for Capital Project #1-018 Renovations and Replacement- HVAC Phase III ($9,200,000) and Capital Project #1-019 Renovations — Roofing ($1,800,000) for use in the FY 2023-24 Capital Improvement Program; and 3. $2,000,000 to be appropriated to the Risk Management fund. • Considerations: The attached ordinance presents to the City Council the proposed used of funds by the School Board. As required by the Policy, the Department of Budget and Management Services has prepared an ordinance for the City Council to consider the School Board's request. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, the amount of the appropriation request exceeds 1% of the Operating Budget, so a public notice was placed in the November 27, 2022, Beacon for a public hearing held on December 6, 2022. • Attachments: Ordinance, School Board Resolution Requested by the School Board of the City of Virginia Beach REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 1 AN ORDINANCE TO APPROPRIATE $48,294,167 OF 2 SCHOOL REVERSION AND REVENUE SHARING FUNDS 3 4 WHEREAS, the School Board of the City of Virginia Beach adopted a Resolution 5 Regarding FY 2021-22 Reversion and Revenue Sharing Formula Reconciliation on 6 November 9, 2022; and 7 8 WHEREAS, a public hearing was held on December 6, 2022 to meet the statutory 9 requirement of a budget amendment that exceeds 1% of the City's FY 2022-23 Operating 10 Budget; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA THAT: 14 15 1. $48,294,167 in reversion and revenue sharing funds are hereby appropriated for 16 the following purposes: 17 a. $11,000,000 to be appropriated to the School Reserve Special Revenue fund 18 to be set-aside for use in the FY 2023-24 Capital Improvement Program; 19 b. $35,294,167 to be appropriated to the Schools' CIP fund: 20 • $3,746,765 as pay-go with a corresponding reduction in authorized but 21 unissued Public Facility Revenue Bonds; 22 • $5,572,862 with a corresponding reduction in estimated state 23 construction grant revenue; 24 • Project 1-015 Princess Anne High School Replacement - $10,547,220; 25 • Project 1-028 B.F Williams/Bayside 6th(Grade 4-6)School Replacement 26 - $7,547,220; 27 • Project 1-029 Bayside High School Replacement- $4,880,100; 28 • Project 1-030 Payroll System Replacement- $3,000,000; and 29 2. $2,000,000 to be appropriated to the Schools' Risk Management Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services it m y's Office CA15981 R-2 December 7, 2022 . • s VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Carolyn T. Rye,Chair Kimberly A. Melnyk,Vice Chair District 5 - Lynnhaven District 7—Princess Anne Beverly M. Anderson Sharon R. Felton Jennifer S. Franklin At-Large District 6—Beach District 2—Kempsville Dorothy M. Holtz Laura K. Hughes Victoria C. Manning At-Large At-Large At-Large Jessica L. Owens Trenace B. Riggs Carolyn D. Weems District 3— Rose Hall District 1—Centerville District 4- Bayside Aaron C. Spence, Ed.D., Superintendent Budget Resolution Regarding FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 27, 2022,the School Board was presented with a summary of the unaudited financial statements for FY 2021/22(year-ending June 30, 2022), showing the reversion amount to the city's General fund; and WHEREAS,$15,680,703 is the amount of School Operating reversion funds available(excluding debt service and revenues over'under budget);and WHEREAS, $3,746,765 is the amount remaining in debt service from the FY 2021/22 budget due to the timing of bond sales, increasing the School Operating reversion amount to $19,427,468;and WHEREAS,$938,410 came in as additional revenue over the appropriated budget, increasing the School Operating reversion amount to$20,365,878;and WHEREAS,$296,396 reverted from the Athletics fund and$409,492 reverted from the Green Run Collegiate Charter School fund;and WHEREAS, the current total amount available for re-appropriation is $21,071,766; and WHEREAS,the city is currently indicating an FY 2021/22 revenue actual over budget of$27,222,401 based on the Revenue Sharing Formula; and WHEREAS,the total amount available for re-appropriation is$48,294,167; and WHEREAS,the Administration recommends the following for the available funds in the amount of $48,294,167: • $35,294,167 to be re-appropriated to the FY 2022/23 Capital Improvement Program - $3,746,765 to be transferred in the form of pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds - $5,572,862 to be transferred in the form of pay-as-you-go funding to offset state construction grants revenue under budget Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive ( P.O.Box 6038 I Virginia Beach.Virginia 234S6-0038 www vbsc hoofs corn 1111.0 • VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Budget Resolution Regarding FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation (continued) - $10,547,220 to be transferred in the form of pay-as-you-go funding for project 1-015 Princess Anne High School Replacement - $7,547,220 to be transferred in the form of pay-as-you-go funding for project 1-028 B.F. Williams/Bayside 6th(Grades 4-6)Replacement - $4,880,100 to be transferred in the form of pay-as-you-go funding for project 1-029 Bayside High School Replacement - $3,000,000 to be to be transferred in the form of pay-as-you-go funding for project 1-030 Payroll System Replacement • $11,000,000 to be re-appropriated to the School Reserve Special Revenue fund to be set-aside for projects 1-018 Renovations and Replacements - HVAC Phase III($9,200,000) and 1-019 Renovations and Replacements - Reroofing($1,800,000) for use in the FY 2023/24 Capital Improvement Program • $2,000,000 to be re-appropriated to the Risk Management fund NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of FY 2021/22 Reversion and Revenue Sharing Formula Reconciliation funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 9th day of November 2022. t C f �,t1 i A—AL _4 I./sw Clia • • '� i f o; S p1fj J ;es Carolyn T. Rye, Sch s• : and Chat q de • 6 ••••••••• oo,�.7s••• 14`I$� Attest: Regina .Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 2512 George Mason Drive 1 P.O Box 6038 1 Virgrnia Beach.Virginia 23456-0038 www.vbschools.com rx; y'•S L� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Bass Inlet a/k/a Mill Pond and an existing 5' City Drainage and Utility Easement, located at the rear of 2961 Sand Bend Road MEETING DATE: December 13, 2022 • Background and Considerations: James Whitt and Dana Whitt had requested an encroachment to construct and maintain an open sided boat lift with a roof, a marginal wharf, and a dock, and to maintain portions of an existing bulkhead with related bulkhead returns into City- owned property known as Bass Inlet a/k/a Mill Creek Pond at the rear of 2961 Sand Bend Road. This item was deferred from November 15, 2022 to December 13, 2022. After the deferral, the applicants submitted a redesigned plan for the boat lift, marginal wharf, and dock that has the improvements wholly placed within their property. As there will not be an encroachment into City property, there is no action for the City Council. Therefore, this item should be treated as withdrawn. Recommended Action: Withdrawal. No action required. feil-C-1. x, , PaJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachment into a Portion of City Right-of-Way Known as Baltic Avenue for an Elevated Pedestrian Bridge MEETING DATE: December 13, 2022 • Background: The Old Beach Village Company, LLC, a Virginia limited liability company (the "Applicant") is constructing a multi-building apartment complex on both the east and west sides of Baltic Avenue, south of 30th Street. The Applicant has requested permission to encroach into the airspace over a portion of Baltic Avenue and a portion of a public drainage easement for the purpose of constructing and maintaining an elevated pedestrian bridge (the "Temporary Encroachment") to provide access and connectivity to apartment buildings on both sides of Baltic Avenue. The Temporary Encroachment will be approximately eight-five (85) feet long with a clearance over Baltic Avenue of approximately thirty-five (35) feet. • Considerations: City staff has reviewed the requested Temporary Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. The customary period for removal of an encroachment is 30 days. However, due to the nature of the Temporary Encroachment, the Applicant has requested and staff has recommended a removal period of 180 days in the unlikely event that the Temporary Encroachment must be removed. The City will retain the right to remove the Temporary Encroachment at any time in the event of an emergency. • Public Information: Public information will be handled through the normal Council agenda process. • Alternatives: Approve the Temporary Encroachment as presented, deny the Encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit A, Agreement, Concept Drawings, Location Map and Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estate City Manager: Itow 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENT INTO A PORTION OF CITY 3 RIGHT-OF-WAY KNOWN AS BALTIC AVENUE FOR 4 AN ELEVATED PEDESTRIAN BRIDGE 5 6 WHEREAS, The Old Beach Village Company, L.L.C., a Virginia limited liability 7 company(the"Applicant")is constructing a multi-building apartment complex on its property 8 located on both sides of Baltic Avenue, south of 30th Street(GPINs: 2418-91-3390, 2418- 9 91-7239 and 2418-91-3040); 10 11 WHEREAS, the Applicant desires to construct and maintain an elevated pedestrian 12 bridge approximately thirty-five (35) feet above ground level over Baltic Avenue and a 13 portion of a public drainage easement to connect the apartment buildings(the "Temporary 14 Encroachment"); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§15.2-2009 24 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its assigns and 25 successors in title are authorized to construct and maintain the Temporary Encroachment 26 within the airspace over a portion of Baltic Avenue and a portion of public drainage 27 easement, as more specifically shown on the exhibit entitled: "EXHIBIT 'A' SHOWING 28 AREA OF ENCROACHMENT FOR PROPOSED ELEVATED PEDESTRIAN SKYBRIDGE 29 OVER BALTIC AVENUE FOR OLD BEACH VILLAGE APARTMENTS VIRGINIA BEACH, 30 VIRGINIA", dated February 24, 2021 (consisting of 2 pages), and further shown on the 31 concept drawing, dated December 17, 2020 (consisting of 3 pages). The exhibit and 32 concept drawing are attached hereto as Exhibit A, and on file in the Department of Public 33 Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachment are expressly 36 subject to those terms, conditions and criteria contained in the agreement between the City 37 of Virginia Beach and The Old Beach Company, LLC (the "Agreement"), an unexecuted 38 copy of which has been presented to the Council in its agenda, and will be recorded among 39 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as The Old Beach Village Company, L.L.C. and the City Manager or his authorized 46 designee execute the Agreement. 1 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 48 , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "id"A PUBLIC WORKS, REAL ESTATE CITY ATTORNEY CA15821 1lvbgov.comldfsl applicationslcity1awlcycom321wpdocs\d0011p039100849553.doc R-1 Prepared: 12/2/22 { 2 EXHIBIT A (Page 1 of 5) ^ 4 4145'. 5r.4I' 44;'; STA TE _ V �`'� `11184 \,, \ SOUTH z P ° `9 ocp. sr9 /93 4'STE'M NARK • 0 SEE SHEET 2 FOR .9A, �, PROPERTY OWNER a. INFORMATION 4 !1cip\ C/• E iiTAR EASEMENT 00 (MB 269, PG 75) N62'37'6," 1 fr `) / : / 1' NO INGRESS/EGRESS JON .3j \ * /4; -\ / EASEMENT S TD �'• �� \(INST. j20111209001262810) �FE1 ir .s.. , �' (INST. #201 1 1 209001 262770) ��s. \ / \ i 3 f k,4 ff: 4*A. A„, , (z) 0 / 3 S? , -............„. � -4 4?", 09sd�\ cr, / PEDESTRIAN BRIDGE \ . tisT4.4p,_511.42.,,, ,^ OF tib,?a�c c FTE=41.00 . >>>? *40 2j, BALTIC AVE 446, G or CQ tDINATE TABLE '� $' CENTERLINE R/IV�\ ��?� �'r �� '>p ELEV=±6.0' 1 N 3481114.41 E 12219491.04 \'''` E WING CLEARANCE=35.0 2 N 3481160.66 E 12219500.24 `� - 3 N 3481170.41 E 12219499.31 4 N 3481278.36 E 12219515.25 ,ivi`� 9,161 5 N 3481146.86 E 12219568.91 Ng \ 6 N 3481198.19 E 12219576.71 l .4i 44 y� - 7 N 3481206.56 E 12219572.97 Q1� �\ 23 Ley-- 0 8 N 3481317.87 E 12219607.59 - ' ?2�3 , �(0/q \� SHADED AREA INDICATES AREA `� �� OF ENCROACHMENT IN CITY R/W © i �'�\�t CITY PUBLIC EASEMENTS i AREA=1,440 SF OR 0.033 AC it cs 0� 20 40 --� BLDG 6 6 �; 5-STORY APARTMENT W/ \ IMINIANIONIMII GROUND LEVEL PARKING 1 INCH=20 FT GROUND i LEVEL BLDG �\ - -- 0p FF =9.00' o - 1 - EXHIBIT 'A' f•r1%t oaf 1\4 S A., P.C P.C . - GRE-1' B. HAYES SHOWING r■ i►v�� M= Civil Environmental Sciences�. Surveying 0 �- AREA OF ENCROACHMENT i j Ili ■ 5032 Rouse Drive Lic. No. III0.11 ■ FOR Elam Virginia Beach,VA 23462 -oo 036291 et PROPOSED ELEVATED PEDESTRIAN ilLat 757.msao 264(0) lt. iv o� 2/24/21 ��4, SKYBRIDGE OVER BALTIC AVE FOR www.msaonline.com cs,si ��G OLD BEACH viLLAGE APARTMENTS PROJ. NO.: 18322 SHEET 1 OF 2 VIRGINIA BEACH, VIRGINIA DATE: 2/24/21 SCALE: 1 =20 • EXHIBIT A (Page 2 of 5) /14. •,f/LP , yRaN/q STA 9 9�1 f^ham 3�79F �S9F� souN Igy E coopO! i:' `9 SHADED AREAS INDICATE AREA� N'� 83/93 q S ',, ca• OF ENCROACHMENT IN CITY 9 H' N ' op / R/W de CITY PUBLIC 95r, oh�h EASEMENTS AREA=1,440 SF OR 0.033 AC \ 'VAR. WIDTH PUBLIC ll ht1 \ 4 git r ,pRAINAGE EASEMENT # • (MB 269, PG 75) N62'37'6:" cam. �,0 , �� 1 7'77 ' 1' NO INGRESS/EGRESS 30 l / EASEMENT ' EEO � ke ,�'- 1 (INST. j20 111209001262810)tiP 20 1 11 209001262770) eePt 4/ C-� II:tp, ----.....„, 14116,.., 5:0, /,:iivitieS�y `C/1/l/ S8•�3. h54 li/ i z �� .fRe 49/7,„_ rp-,4 0 1%, _ -440 -Za ® o EX/sfMc 0 THE OLD BEACH VILLAGE RAF COMPANY, LLC., PEDESTRIAN BRIDGE A VIRGINIA UNITED UABIUTY CO. N FFE=41.00' • WEST PARCEL ONE co lr BALTIC AVE ® THE OLD BEACH VILLAGE COMPANY, LLC., (INST. NO. 20051220002038680) at CENTERLINE A VIRGINIA UNITED UABIUTY COMPANY (INST. NO. 20140822000788980) o ELEV=±6.0' PARCEL W-3 (INST. NO. 20140821000785510) CLEARAN C E=35.0' (INST. NO. 20050706001026980) GPIN:2418-91-3040 (INSU.NO. 20111209001262770) #2800 BALTIC AVENUE GPIN:2418-91-3390 'AREA = 134,554 SF, OR 3.089 AC 9•A6 AREA = 46,741 SF, OR 1.073 AC F. • N9'.sf ,, 4..... JO THE OLD BEACH VILLAGE COMPANY, LLC., QV A VIRGINIA UNITED LIABILITY COMPANY �� 232 PARCEL E-1 © 22733, (0/4) 6 3' © (INST. NO. 20050706001026980) (INSU.NO. 20111209001262770) SEEIN:2418-91-7239, #2951 BALTIC AVE o AREA = 57,535 SF, OR 1.321 AC FOR •- EX/STING 0 20 40 COORDINATE BLDG 6 0 RAF iiMii-TOMINUMMI TABLE 5-STORY APARTMENT W/ GROUND LEVEL PARKING GROUND,,LEVEL BLDG e 1 INCH = ZO FT TV 0�, FF =9.00' o &,� ,t' EXHIBIT 'A' ■I:�■ mom N'l SA, P-C . `= - ,� SHOWING j mow'We j Eaivironmenta1 Sciences•S�weying �' GRE G B. HAVES 'z AREA OF ENCROACHMENT ■•UL'iW■ Civil& g O ■�11t�►7■ 5032 Rouse Drive V Lic. N o. FOR IIR0.'U I Virginia Beach,VA 23462 -off 036291 �� PROPOSED ELEVATED PEDESTRIAN ll�`'UIU 757-490-9264(0) 3 2/24/21 4 SKYBRIDGE OVER BALTIC AVE FOR ����`�� v��ww.msaonline.com Fsc,2 e ,. 'cl' OLD BEACH ViLLAGE APARTMENTS PROJ. NO.: 18322 SHEET 2 OF 2 NAL VIRGINIA BEACH, VIRGINIA DATE: 2/24/21 SCALE: 1"=20' EXHIBIT A (Page 3 of 5) I .l j / r 1 I , �, I / I flfU,' '-- • ♦♦♦ ' f` ; ♦ • r-- --../ g%) 1\ ... V."''--0_ i _ • ' 1 •% . o' 1 ; -o 0 - ♦,� G) ,� i• • I 0 1 ,() .--.---- •, Y / .' O 7.1 m 7 ♦ f /'' . .J m m Z. %/ 'we' ,� 'a O J , _ t...... , . • • • mo ).-. , ......:::::::::......_ .,I H co _co Off' /~!' Z n� :v: ,`‘ o �" rn m m 6%, %�% 3M0 m ,`'/ ,``.0 m W / *11:11011(1, —I c ' 0 'erni .+'` ,f m, %` ., i 0 �� • Off \ 116 ._ ',- . '''' ,\ ‘.. ..... .1 % %.° I Irs` 10(41 1 •'� +i , _tom w�' �` < ems , \ - ♦ ' r, 1` 0 �r- ! ` ` � ..�_ . . it •--r-lf: -; =`. .- % \ 2 \ ,3...8 Z 0 X €eT TIM .14`..' r i_ % obv,LLC PLAN @ LEVEL 0 - GROUND A +A i�Project number 15001. ._. Date 12/17/20 Al VIA DESIGN -- --. -- -- s OBV2 Drawn by MPC ChsckNd by SAC f Scale 4� O - g 48'-11" a‘ a . LEVEL 4-51'-8" 4- ,\„ ... ,.\ 1111 \ t A4 _ ___ °' LEVEL 3-41'-0" ems. - cffilept W STEEL FRAMED SKYBRIDGE �' cv _ 00 a _ .� 1 - - LEVEL s — ---- --- - --- -- _ EL2 30-4 f r . A. CONCRETE SUPPORT PIERS o ':ui_ -I__ LEVEL 1 -19'-8" Z ' >. . �; M O45 i a �,_ , lr Q E 2 , _ LEVEL O-GROUND-9'-0" zi c Id - cis+ -..771112_11=11 —- _ -- T.O. FOUNDATIONS -5'-0" -I f �' e!t 1 'SKYBRIDGE ELEVATION-BLDG 3 TO CENTER _ -' NTS { -- ` �- _ LEVEL 4-51'-8" 77 -- - / ` \ -. \ PA LEVE L 3-41'-0"Id V co STEEL FRAMED SKYBRIDGE .' ` '``''' 9 LEVEL 2- o CONCRETE SUPPORT PIER - : "` i,:::r.2 - ;-:` LEVEL 1 - -- I �,, , ,a<� �. 19'-8" ry 6.61TC -ch <: 6.52 8.15 .--_,.._ in ---- ---- LEVELO-GROUND 9'-0" _. Il - --II�El: — -- —-— _ -` S' —/46 r T.O. FOUNDATIONS 5'-0" z U ,If-,1�-11= ,,, -1- -1 `II = r,1-ci.cu Ic u �i�-�w :i=ii�(L" i = _. _ _ 1 - Hair- _ ._ , --If 111 11.=11F11=11= [I.l-11- 0. /��. a T� _ - = s i�`1�. .i, .u: J T -u I,c—i u.I= I JBRIDGEELEVATION-BLDG 4 TO CENTER r NTS .• - -- - - >P. 0 s a _ EXHIBIT A (Page 5 of 5) , —• IL .11. fr---p i i - -' 1 �r�t v 110111 - I I 0 r -,.; 3 1 / m ,,r. , : k. >___. .... "- 1 _.i . 1 1. r — 0 = 1..,,,:,,z2,-------,_:___,-,....._.., ;. ? IIh co "IE � 6 =!n I I I 0 111 - `I I I III[=tt 14 ( I m 11, :it: Nw I I ` I z 11T-4I g l'�—1 I 1 � , • t: ,I: I I I • 1 s1 1 '^ 1 I � IIM1 (T I t,� n Cn NI 1 r 1 1 0 I m 1 0 I t a 0 P 1 tr, I 8 , , .2 • Is." I co I p1I 1 O 11 $ IIP kr --I 1 -ol '' ,3 � I . 11-1=18 III i I —1Lr I - =1 1s'� Iiii i i 7'1 :—. : j__ a) 4------ 1 —.11i. tit• •%.••,---a.�.r'• O I I ,' A,311 Op i i r- r b p < -1 < p� //r�. Er- r 34'-0" r' r- -$ 4 r i I O �._ N, w,9 1, 7 ' Q C - -al CI) u2 v 9 t1 b b o co b ir-orlig, 1/rr0 I,go obv,LLC ELEVATIONS A '•/ Project number 15001 Date 12/17/20 A3 V I Ll DESIGN OBV2 } Drawn by MPC I Checked by -- SAC`Stile 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 ,R\-Q , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE OLD BEACH VILLAGE COMPANY, LLC, a Virginia limited liability company, ITS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: ALL THOSE certain tracts, pieces or parcels of land lying and being in the City of Virginia Beach, Virginia, as "WEST PARCEL ONE", as shown on that certain plat entitled "RESUBDIVISION PLAT AND 20' LANE CLOSURE OF PROPERTIES STANDING IN THE NAME OF FIRST SECURITY BANK, NATIONAL ASSOCIATION, AS DESCRIBED IN DEED BOOK 3642 AT PAGE 257 AND R. S. DICKSON & COMPANY AS DESCRIBED IN DEED BOOK 3657 AT PAGE 307, DEED BOOK 3657 AT PAGE 311 AND DEED BOOK 3732 AT PAGE 2037, LYNNHAVEN AND VIRGINIA BEACH BOROUGHS VIRGNIA BEACH, VIRGNIA", dated May 14, 1997, and revised through April 2, 1998, prepared by Langley & McDonald, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 269, Pages 71-74; and as "PARCEL W-3" and "PARCEL E-1", CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) GPINs: 2418-91-3040 (2800 BALTIC AVE); 2418-91-7239 (2901 BALTIC AVE) & 2418-91-3390 as shown on that certain plat entitled: "SUBDIVISION OF OLD BEACH VILLAGE VIRGINIA BEACH, VIRGINIA", dated September 20, 2011, prepared by Engineering Services Inc, and recorded in the aforesaid Clerk's Office as Instrument No. 20111209001262770. WHEREAS, it is proposed by the Grantee to construct and maintain an elevated pedestrian skybridge, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Baltic Avenue, 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: 2 A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' SHOWING AREA OF ENCROACHMENT FOR PROPOSED ELEVATED PEDESTRIAN SKYBRIDGE OVER BALTIC AVE FOR OLD BEACH VILLAGE APARTMENTS VIRGINIA BEACH, VIRGINIA", dated February 24, 2021, having a Scale of 1" = 20', and prepared by MSA, P.C., a copy of which is attached hereto as Exhibit A, to which reference is made for a more particular description. Said Temporary Encroachment is further depicted on the elevations exhibit, consisting of 3 pages and attached hereto as Exhibit B. 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 one hundred eighty (180) 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 3 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 and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 4 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 less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 5 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, the said The Old Beach Village Company, LLC, has caused this Agreement to be executed on its behalf by Jeffrey W. Ainslie, member of The Old Beach Village Company, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. 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. [SIGNATURES ON FOLLOWING PAGES] 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 The Old Beach Village Company, LLC A Virginia limited liability company By (SEAL) e W. Ainslie, member STATE OF CITY/COUNTY OF Vsr-ir\i& �� , to-wit: The foregoing instrument was acknowledged before me this ,2 nd day of Dec 4 m b er , 2022, by Jeffrey W. Ainslie, member of The Old Beach Village Company, LLC, a Virginia limited liability company. &ell) An T ) Notary Public �' ,w‘tk .RED,ly e, � ..,,.... ..., Notary Registration Number: -181 3( • My Commission Expires: , 1361)4 _ ID it, /'7�w.87 1cSk DM :r '••ttakt.t04\1#1 e///likfilliii \‘‘- � It'll" APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SIGNATURE PA/ itidAte c6pirE ALEXANDER W. STILES, fat/ 5 �a SENIOR CITY ATTORNEY DATE 8 ,OZ=.l :TWOS 1Z/i7Z/Z :31`da YINnenn `HOV38 VINIOdVA iVNp/S Z JO I. 133HS ZZF81 :'ON Tow S.I3Y1 NdY 3Odl1V HOY38 0�10 �\��3 S,y moa'auiluoes IFMA&M 80J 3AY 3 LlY8 ono waI88a)IS „''i Z/tZ/Z Ocy (0)V9z6-06b-Lsc 11 =l ii NYIa1S303d 03YA313 03S0d0lid L6Z9c0 a Z9b£Z VA'lima erui2.!A ar1irni� N ' l AUGa asnoli Z£OS ■►4�, IA 2�03 '� o �� p ■W111 MI 1N3Y4H3Y02I3N3 1) Y32IY _ �p�! 9NIMOHS x S3AYH 8 I•I,380 Sct X0A-u�.sax�PS Iq z�agmr3 ■Mi Will•uiJNA ,V, II8IHX3 .g `! cI S LEI ,l '`006= �0 'o-pp-. l 1� OZ=HON1 l a �me i� a�no�o 9ND1dVd 13A31 1NflONJ /M 1N3WlNVdY Ad01S-5 -- O 9 9018 �— Ot OZ '\---- --A,_ L OV £FO'0 80 JS OW 1=V38V c". - ''- i S1N3Y13SV3 Mend ADO ��\�, Ni/8 A 13 NI 1N3NHOVOdON3 JO \ \ i '_____°_ V38V S31VOIONI V38Y 030VHS (tv .Fr P e 69LO961ZZ l 3 L8'L l£181P£ N 8 O ' '_ ore ` �0 L6'ZLS61ZZ l 3 9S'9OZ 181►C N L x., IL'9LS61ZZ1 3 61'8611W N 9 ,� ~\ N 16'99S61ZZ1 3 98'9$1181£ N S SZ'S 1S61ZZ 1 3 9C'9LZ 1&$ N 1, `9�•6 `\� 1£'661761ZZ 1 3 WOL 1 MK N £ - P 'OOS6lZZ 1 3 99'091 l8�£ N Z ,0'S£=3ONVdY31O `�Y/11S/X9 `\�� ti0'161,61ZZ 1 3 lt'*1118 N 1 ,0'9T=A313 ir- Olt � '�y 3Ni-183033 � _ 318V1 31VNI08000 / woe/' 9N1IS/X33AVOlB O� `!� ,00'li=3ii 6"Gy o a VIdS303d � '� .!�' �d r7b 0 Ab „.. ,....,..----- , (7,s,.- 0 4. --g-- -- --....___,... x --.,----_,____ 7, g1,7",,, z ,„,, ------- ,_ 0 ov$,?4,---/ ,,,,,,,s, , - -----------, ---------- (OLLZ9Z 10060Z 11 LOZ# '1SNI)772 + \ �` (018Z9Z 10060Z 111 Oa '1SNI) Lp1, .`�., �� 0/„l,S' 1N3Y'L3SV3 , 1 ,r .0‘g �l0�' J � - 'SS3d 3/SS3d0NI ON ,l f Q, �9pti 4v .;+,MZ9N 5L Od '69Z 8M1 / / PSI% Se 414 1N3113SY3 30VN� '. a 1. v, 0f80d MIA 'WA! 7 AN0UYNd03NI 0) d3NMO JlLd3dOdd `: O •'`�6n d03 Z l33HS 33S .��S 31 d F6/fie �'N �, AC" Nl ��,IpI \ ,1 6 is 3Ny1dIL��1l�pS `6s4� o-g1�f,8! \/ ti� 9�1 .n`''� ��1gh �594 ♦ SOON glAVE 9 �''Y `�9 AREA � H'� �►kA S SHADED AREAS INDICATE /93 4, 'go, OF ENCROACHMENT IN CITY 9 NARA, ' / R/W & CITY PUBUC 9sr, OP h Ix EASEMENTS AREA=1,440 SF OR 0.033 AC 'VAR. WIDTH PUBUC �l 4 0 \ e •r ,pRAINAGE EASEMENT 4.2)IPP' 131 - ,N62'37's:" 1cs,.. • ;'30 '�j0\ !,, r :.--; .1, (EASEMENT RESS/EGRESS ° r'- 1 (INST. 2011120900 1262810) �. 0 tiP ST. 2011120900 i 262770 ,/,44aCct 1:6,,,. ---......„....... qitio.vr f#41:046; olf -... '" &(5 rW a s . ,._. * =.,. , 0,- 412 e 8 23:54.4/ s''''•••,..... i I _, ,:e.ii r RI •de10,,,., *412%. '."4 Os p i,1,,_ 05/) 16,5. y ---'... 'cr Cs-\''..j*'''S° V -0 EX/S11NC 4 � THE OLD BEACH VILLAGE RAY COMPANY, LLC., PEDESTRIAN BRIDGE A VIRGINIA LIMITED UABIUTY CO. +co FFE=41.00' WEST PARCEL ONE co -13, BALTIC AVE ® THE OLD BEACH VILLAGE COMPANY, LLC., (INST. NO. 20051220002038680) v' CENTERUNE A VIRGINIA UMITED UABIUTY COMPANY (INST. NO. 20140822000788980) ELEV=±6.0' PARCEL W-3 (INST. NO. 20140821000785510) CLEARANCE=35.0' (INST. NO. 20050706001026980) GRIN:2418-91-3040 (INSU.NO. 20111209001262770) #2800 BALTIC AVENUE GPIN:2418-91-3390 AREA = 134,554 SF, OR 3.089 AC 9•A6 AREA = 46,741 SF, OR 1.073 AC \ • /Kg. � 00 THE OLD BEACH VILLAGE COMPANY, LLC., Q�� F 2 AA VIRGINIA� UMITED UABIUTY COMPANY �� 32�, 23�, (0/4) 6 3' OD (INST. NO. 20050706001026980) © (INSU.NO. 20111209001262770 SEE r \ GPIN:2418-91-7239, #2951 BALTIC AVE SHEET 1 _ AREA = 57,535 SF, OR 1.321 AC FOR FOORaNATEI Ow oEX/517NC 0 20 40 BLDG6 R/1V iiiMIIMIIIIIIMINII TABLE 5—STORY APARTMENT W/ GROUND LEVEL PARKING GROUND;LEVEL BLDG9 1 1 INCH = 20 FT . TV Op FFE;=9.o0' 0 t f'_ EXHIBIT 'A' ■■� ■■ M S A, P-C C . `- ,•� SHOWING ��"��' w j En i onmea�l Sciences•S veying o GRE B. HAYES AREA OF ENCROACHMENT ■UM lid■ Civil& Fag g ■����►. ■ 5032 Rouse Drive U Lic. N o. FOR ■UI k '.dI Virginia Beach,VA 23462 -0 036291 �Lk PROPOSED ELEVATED PEDESTRIAN ritik:11111 757-490-9264(0) www.msaonline.com ��.� 2/24/21 � ��� OVER BALTiC AVE FOR F O�.D BEACH VILLAGE APARTMENTS PROJ. NO.: 18322 SHEET 2 OF 2 SS/ONAL ��G VIRGINIA BEACH, VIRGINIA DATE: 2/24/21 SCALE: 1"=20' EXHIBIT B (Page 1 of 3) i ______7 . - - f` i / yi'.wajv '-*k`♦ • ♦♦♦ i`� /• • < i tilt .`.' 8 ''' ' 4() ,-' , 0°\ 'i - . .% . , 1 013 n ' / m / . ,: ,--- Xi -4 2 , , ;,,, • • ` '• s ,.- .5... •. ,. • , - , , Q / �`♦N. Y / i`at �,�• �i� - ,Xi fM m_ ..7 • m �� `_--_'/��. i •f/l am • Op • + fir z n� ��z° '• n p7o �. O ? rnm �� m 5 co i C.) ..., C°1:, 0) m \/ \lc) �• • Z =70 • • 2Q.t :::'oseie co 0 • !I \ • • • • t • ! 1' • • 1400,,,06. .\ • \ N!Ilk: if , . 4.,.. 1• _Iiii,t. . .; • \ 6.111 : s r ; _ • b' 1 ; - . ,. - .{ , o 73 f , % \ i alp,— -,, , • , , • \ _ . ... ... Ilise 1 , 1 obv,PLC PLAN a LEVEL 0 - GROUND A V \ _____. i Project number 15001 Dace 12/17/20 Al v 1 A DESIGN OBV2 Drawn by MPC • Checked by sac Scale • _ l M , i o `����IIA 48'-11" J °ur ' LEVEL 4-51'-8" a. IIII I I l ' Bi "' 1 E-� - --- \Ilil ° '� Q' LEVEL 3-41'-0 4. -r••-_ .. :ram' 'a a :-L.:Lr —- (STEEL FRAMED SKYBRIDGE I '` , LEVEL 2-30-4 'CONCRETE SUPPORT PIERS�.._ it I 1 - .! -_— -----_— v LEVEL 1 -19'-0" CO - I --M 0 . _ ., _—__ _—_ wLEVEL0-GROUND-9'-0" ans -� �� -.n ���,_... —-—-—-—-- ' -- T.O. FOUNDATIONS -5'-0" -•� ill ]1=11-11 % i=E1 •Ulm IIi-it- ji-ifli-Aft gi, . ,� I » W ao v SKYBRIDGE ELEVATION-BLDG 3 TO CENTER 1 NTS r — ,I- ,� _ . - - — - — .-_ - __ _ LEVEL 4-51'-8" lill III rdI ibair III ii Imaiiirit -- ,1 ,. / . to / / . \ • LEVEL 3-41'-0" STEEL FRAMED SKYBRIDGE ,�. `•r,�` 4 LEVEL 2 - --• F:•;;: ------ i (CONCRETE SUPPORT PIER ::.:,' ;-•1 i fl '• �• :'�1 LEVEL 1 - ' V..:•,-::-/:::.,..•-*• —6.61TC - �:.- 6.52 6.15 ----� _t _—_—_---------_—_--- 4 ' ;� �LEVEL 0-GROUND-9'-0" �' T.O. FOUNDATIONS -5-0 = - AIIIIF 1: 741'�ii • ------------- . h'1=M—il :....,116 I_' .= i- ^ 0 _ II ',.III ..U=11' 1 �:.•1 14V11=11 11W11' 1=11=11*1--1111 1-1i - V-0„ �.,':1� wi '-'.yes■:��:-•- ...._ •._..• _11� .;.r-.-.r-..11..■ 11R r.� - v- - �1=�� I�r-„L' ■ iW�� �i"�li.- 1 I t�=�1.-L�1�-,ru--1i a u-��--i1-�i�-1ri-yn` --�u. _ ui SKYBRIDGE ELEVATION-BLDG 4 TO CENTER 2 NTS a - EXHIBIT B (Page 3 of 3) 1 zi cn cn -< 5 , . .... .. . 1 rn it= - . ,.,•. mr— 1;=„fi. :', , • - ..: . i ,... a:, 110-1 11 r- 'A= , I 1 a 1111: , 1 0 :11*I. 1 ch 11:11._ h t _1 11MIn .4'1 0 II1=H. ' al -I 0 ii# v= 4., 0 411. 1%) 0 ' I M Z IIMI Co 0 M API II=:II 1 •P3 11#1 limill n IV I -01 I i_w I 1 11:,,1 0 1 -I ; I i--nal z 1 r41 1V . xi 'n 1:1 1 8 M 1 IIPATE T I # cn i rTI c 1 gill -o I 0 13 i 03 I I- , 75 al I .0) Ill =-T 111 13 1 11 : 1 311 I g III I -11=1 -i cz I m Ill: •-f *_, — _ ._ Liii-grT_ ca !D. = v.ii:,;•:::;,:.:',." ' '7':-.:,--- -ky _ -1.... ..:%•:.:;2-1.1::::.:: :•,:.4, :•:,1 H;;li 0 -- z - le .I=I, •• ,::;:::: . .".J.. ,2_1: .:-......;,:-..f.-7.--:;.i.-. -- -, -n ,Ir 0 'ili op 1 I/7 cs z xi m T g \I .., ir. 1 - 0 in `-• > E m --I z r- 1-34-0" 1— ,I. ,,,r- j r::, .. Ns, , \O ? -7 0, 1 - ::•''.7-F1: *--. 0 > cn c° te co q. -a. - • . 6. q cri _ 62 ilt - O . 021 _ 62 — 42.siedif oiciii“.c1 obv,LLC ELEVATIONS A ,. \ • /e Project number 15001 Date 12/17/20 A3 VIA DESIGN OBV2 Drawn by MPC I Checked by SAC: Scale .... ---\;14 ,3-',/,.,'- \ - \.srr -- \ '.',. i • S OS `� . i"'..\, .„__,. , - \ ' ‘11°°' - . , vis,_ .?f..cii;-(/ 1 ..,-,, sa` 0�40 --. .-\_. -------"1.1•7 i Ir I I g %A w(III1011. 29T S 137 '', N'.,,t4-, • ), ..,_ , _ .. -,_ ...,_. `1, ,-__ k. % OV----------16. ,_,„ _ ,• ,_ .., . . _, L.70 ., ‘111 aIlIiiII1Im II C- 2a110A'S.1. (- . ' \\'' J` ' -3 1-- ) 1 ____----7 / • f �o < C-1 15 60 c' a' \t‘ - , / \\ �� \, A licb :r_),. 1 0 \____i \...... '"-.) c____,-\ _ _n • L rck C�/ r 23� As� It* _dliii I Liii .0 In _...iii / ,,,yi LOCATION MAP 6 L___ii cr---,, ENCROACHMENT REQUEST FOR Legend �p THE OLD BEACH VILLAGE CO LLC v �H :::::: 0 AND GPIN: 2418-91-7239 2418-91-7239 Ill° 0 �� Feet CITY PROPERTY + 11,111 __01 0 0 100 200 400 PrPnarMrl by P W/Fnn/Fnn Slinnnrt RP.rvir s RiirAaU na/73/7070 vnr-.n nr,n....:,......,n nn r:i..,,,A r'rpir1 A RA A nc,n,.u:-.n..,,1n.40 n4 nn.ns"..n n. ... N/13,„„ Virginia Beach APPLICANT'S NAME The Old Beach Village Company, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 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 Plannina_Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: la/ NO CHANGES AS OF DATE: / 7// 4/ • REVISIONS SUBMITTED DATE Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EXiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: The Old Beach Village Company If an LLC, list all member's names: Members: Jeffrey W.Ainslie, John W. Ainslie, Jr. Jackson H. Pope If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 AP3 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) 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. 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 4111.10101111 _ . „ • 41. APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I5iri Accounting and/or preparer of Wall, Einhorn & Chernitzer your tax return IXi n Architect / Landscape Architect / VIA Design Architects, PC Land Planner Contract Purchaser (if other than nn the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) 1-5-1 pi Construction Contractors Ainslie Group, Inc. & Hoy Construction 15—<1 n Engineers / Surveyors/ Agents MSA, PC Financing (include current Towne Bank, VHDA X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) piLegal Services R. J. Nutter- Troutman Sanders Real Estate Brokers / Crestline Realty Corp. X X Agents/Realtors for current and anticipated future sales of the subject property 4 4, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 15-1< 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 Yb Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. I' Jeffrey W. Ainslie 1-1-2020 APPLICANT'S IGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ElAccounting and/or preparer of Wall, Einhorn & Chernitzer your tax return X n Architect / Landscape Architect / MSA, PC Land Planner Contract Purchaser (if other than 151< the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n n Purchaser of the subject property (identify purchasers) and purchaser's service providers) nConstruction Contractors Ainslie Group, Inc & Hoy Construction l l Engineers / Surveyors/ Agents Financing (include current Towne Bank, VHDA X i-i mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Xri Legal Services Ruloff, Swain, Haddad, Morecock, Etal Real Estate Brokers / Crestline Realty Corp Inl Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1-1 an interest in the subject land or any proposed development l�l contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ,r14,rta, Jeffrey W. Ainslie 1-1-2020 PROPERT 'S SIGNATURE PRINT NAME DATE Page 7 of 7 r.;;1[ ,\r11A C r`g i=: s> i p bi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $2,000,000 to Capital Project #100635, "Corporate Landing Business Park Infrastructure," in the FY 2022-23 Capital Improvement Program MEETING DATE: December 13, 2022 • Background: Corporate Landing Business Park (the "Park"), located in Council District 5, was established in 1990 by the City of Virginia Beach Development Authority ("VBDA") as a planned multi-faceted business park encompassing 325 acres of land. The existing infrastructure, constructed by the VBDA with funding from the City, has enabled most of the developable parcels in the northern half of the Park to be sold. The southern half of the Park requires additional infrastructure to create developable parcels. The Corporate Landing Business Park Infrastructure Project(CIP#100635)first appeared in the FY 2022-23 Capital Improvement Program (CIP) to grow a diverse economy that attracts and retains businesses by constructing a new access road and essential infrastructure for the remaining vacant land within the Park. A total of $10,000,000 was requested, and $3,000,000 was appropriated on July 1, 2022, with the remaining $7,000,000 programed in the FY 2023-24 CIP. PROJECT COUNCIL APPROPRIATIONS FY 24 FY 25 — FY TOTAL DISTRCT TO DATE BUDGET 29 BUDGET 100635: Corporate Landing Business 5 $3,000,000 $7,000,000 - $10,000,000 Park Infrastructure • Considerations: The design for the new access road and first phase of the infrastructure is nearing completion and expected to receive approval before the end of 2022. The infrastructure will serve five development projects as well as open up an additional 30 acres of land in the Park for future development. One of those developments, Forbes Candies Inc. ("Forbes"), is close to site plan approval and should be ready to begin construction in early 2023. Three construction bids were solicited for the infrastructure work in the Park, and estimates came in at approximately $1,200,000 above the current $3,000,000 appropriation. Due to contingencies and the current market volatility, staff estimates $2,000,000 in additional funding will be needed to advance the first phase of infrastructure work in the Park this winter. Staff proposes that City Council approve transferring $2,000,000 from another Economic and Tourism Development Capital Project, Burton Station Road Improvements II (CIP# 100048) in order to advance the infrastructure work within the Park in conjunction with the Forbes development in early 2023. The next phase of Burton Station construction is not anticipated to begin before the fall of 2024 and as such, this transfer will not delay the Burton Station project. If approved, in the FY 2023-24 CIP, $2,000,000 that was previously programmed for Corporate Landing will be redirected to Burton Station. Total project costs for Corporate Landing are not expected to exceed the $10 million programmed at this time. • Public Information: Normal City Council agenda process • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Capital Project Detail Sheets (2) Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: f/h9 1 AN ORDINANCE TO TRANSFER $2,000,000 TO CAPITAL 2 PROJECT #100635, "CORPORATE LANDING BUSINESS 3 PARK INFRASTRUCTURE," IN THE FY 2022-23 CAPITAL 4 IMPROVEMENT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $2,000,000 is hereby transferred from Capital Project #100048, "Burton Station 10 Road III," to Capital Project #100635, "Corporate Landing Business Park," to allow the 11 advancement of the construction of infrastructure within the Corporate Landing Business 12 Park. 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 me 0 ce CA15995 R-1 November 30, 2022 Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100048 Tide:Burton Station Road Improvements Ill Jstatus:Approved Category:Economic&Tourism Development Department:Economic Development Project Type Project Location istrict:4 Project Type:New Facility Construction/Expansion Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 12,541,465 5.541.465 - 7,000.000 - Description and Scope This project will provide an area for commercial and residential development.Phase III-B includes:approximately 1,300 linear feet of new roadway for Tolliver Road,starting from the end of Burton Station Phase Ill-A;approximately 1,450 linear feet of Air Rail Avenue reconstruction with new water and sanitary sewer service;a preliminary design study for a potential Tolliver Road extension south to Northampton Boulevard;and relocation of an existing pump station to support area development.The existing sanitary sewage pump station on Air Rail Avenue requires replacement due to its age and lacks capacity for the projected sewage flows from the expanded service area.This project funds design and construction of water main,gravity sewer,and force sewer main,but only pump station design.Public Utilities CIP will fund pump station construction separately.An at-grade railroad crossing on Tolliver Road will be added in addition to modifications at several other crossings within the area. Purpose and Need The purpose of this project is to provide a connection between Burton Station Koad and Air Rail Avenue via an extension of Tolliver Road(formerly Golf Course Road}to provide infrastructure necessary to promote future development consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area implementation Plan. History and Current Status This project first appeared in the FY 2011-12 OP.The project was put on hold in April 2014 when the design was at 60%.The project was restarted in August 2015 and a new alignment for Tolliver Road was selected.In the FY 2016-17 OP,additional funding of$2,420,595 was provided,and$3,114,905 of previous years'appropriations were transferred from project 9-085 SGA-Burton Station Road Improvements Phase II to this project to cover the increased project costs totaling$5,535,500 due to shifts in the realignment of the roadways to be designed and built in response to requests from multiple property owners Including the Norfolk Airport Authority.In 2016 Phase III was broken in to two phases,Phase III-A and III-B.in FY 2017-18,53,895,035 was transferred from 9-091 Phase III-A to project 9-022 Burton Station Roadway Improvements I,combining the scopes of both projects and allowing the projects to be bid and constructed at the same time.Phase III-A construction completed in 2019.In FY 2020-21,$4,500,000 in appropriations to date were transferred to help finance the renovations of municipal center buildings 1,2,and 11.10096 designs are anticipated by the end of 2022 with construction beginning in 2023. Operating Budget Impact Comments To be determined. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities f Project Activities From-To Amount Design 06/12-12/22 1,500,000 17 Site Acquisition 07/22-10/23 2,400,000 Construction 10/23-06/25 7,387,320 Contingencies 06/12-06/25 1,254,145 Total Budgetary Cost Estimate: 12,541,465 •10004e Means of Financing Funding Subclass Amount Local Funding 12,541,465 Total Funding: 12,541,465 +�',;;, FY 2022-23 to FY 2027-28 378 Capital Improvement Program Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100635 "Title:Corporate Landing Business Park Infrastructure Status:Approved Category:Economic&Tourism Development Department:Economic Development Project Type Project Location Project Type:New Facility Construction/Expansion ''strict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 10,000,000 - 3.000,000 7,000,000 - - Description and Scope Corporate Landing Business Park(CLBP)was established In 1990 as a planned multi-faceted business park encompassing 325 acres of land.The existing infrastructure that was constructed upon establishment has enabled all developable parcels to be sold.This project will design and construct essential infrastructure to create developable parcels for the remaining vacant land.The project includes the design and construction of stormwater management facilities In the western and eastern parts of CLBP,a new access road from the intersection of General Booth Boulevard and Las Cruses Drive,and water and sewer extensions to establish approximately nine(9)parcels. Purpose and Need This supports the City's Economic Vitality strategy to grow a diverse economy that attracts and retains private companies and Council's goal to grow the local economy. History and Current Status ThIS project first appeared in the FY 2022-2 3(IP. Operating Budget Impact Comments To be determined. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - • - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/22-06/23 750,000 Construction 07/22-06/23 9,250,000 Total Budgetary Cost Estimate: 10,000,000 Means of Financing Funding Subclass Amount •100635 Local Funding 10,000,000 ,t }• Total Funding: 10,000,000 42, S FY 2022-23 to FY 2027-28 380 Capital Improvement Program i".. ` ', )15 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies for the January 10, 2023, Special Election MEETING DATE: December 13, 2022 • Background: A Special Election has been ordered for January 10, 2023, to fill the vacancy in Virginia's 7th Senate district following Sen. Jen Kiggans election to the U.S. House of Representatives. Section § 24.2-600 of the Virginia Code requires the City to pay the cost of conducting elections, including special elections. The operating budget for the Voter Registration & Election's Office does not include funding for a special election, so a transfer of funds is needed. The source for this transfer is the General Fund Reserve for Contingencies. • Considerations: The total cost for the election is estimated to be $431,750. Of the requested amount, $39,000 will be used to notify the citizens in the relevant district that they are eligible to vote in this special election. If approved, the balance of the reserve will be $662,234. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager: AD 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES FOR 3 THE JANUARY 10, 2023, SPECIAL ELECTION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 6 VIRGINIA: 7 8 That $431,750 is hereby transferred from the General Fund Reserve for 9 Contingencies to the FY 2022-23 Operating Budget of Voter Registration and Elections 10 to fund anticipated costs of the January 10, 2023, special election. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _i-L -LAL1215 -_ Budget and Management Services • or y's Office CA15990 R-1 November 28, 2022 ik rct ......y. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Deployment of Virginia Task Force 2 Urban Search and Rescue Team for Hurricane Ian MEETING DATE: December 13, 2022 • Background: Following Hurricane Ian, the Virginia Task Force 2 Urban Search and Rescue Team members were activated by the Federal Emergency Management Agency (FEMA) to respond to this event. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed, and the cost for responding to the event was $2,370,238.59. In addition, the department is entitled to $34,702.39 in revenue for the cost of preparing these claims. The total funds from FEMA for this deployment is $2,404,940.98. These funds will be deposited into the FEMA Administrative Grant upon receipt. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: fl) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE DEPLOYMENT OF VIRGINIA TASK 3 FORCE 2 URBAN SEARCH AND RESCUE TEAM FOR 4 HURRICANE IAN 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $2,404,940.98 is hereby accepted from the Federal Emergency Management 10 Agency and appropriated, with federal revenue increased accordingly, to the FY 2022-23 11 Operating Budget of the Virginia Beach Fire Department for costs associated with the 12 Virginia Task Force 2 Urban Search and Rescue Team deployment in response to 13 Hurricane Ian. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 36466ax) Budget and Management Services CitST me s Office CA15997 R-1 November 30, 2022 °icy r rE �s� �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,212,000 from the Fund Balance of the Tourism Investment Program Fund to Capital Project #100145, "Atlantic Park Entertainment Venue" to Meet Estimated Construction Cost and Building Code Requirements MEETING DATE: December 13, 2022 • Background: The City of Virginia Beach Development Authority ("VBDA") and Atlantic Park, Inc. (the "Developer") have entered into a development agreement for the redevelopment of the former Dome Site (the "Development Agreement"). As a part of this agreement, the VBDA is to acquire two structured parking garages, as well as an entertainment venue (the "Entertainment Venue"). As with other large development projects, the VBDA is the contracting party, and the City provides the funding to meet the VBDA's obligations. City staff recently received updated information from the Developer regarding the costs of the Entertainment Venue. Based on City Council-approved actions to date, Capital Project #100145, "Atlantic Park Entertainment Venue," is currently funded at $52,225,000. Based on the construction estimates provided by Developer, an additional $462,000 is needed to fully fund the construction of the Dome Site Project. Additionally, during project review City staff identified the need for enhanced fire suppression within the Entertainment Venue to ensure compliance with safety and building code requirements. The addition of this work results in the need for an additional $750,000. In total, the Capital Project needs an additional $1,212,000. • Considerations: The attached ordinance appropriates $1,212,000 for the Entertainment Venue. If approved, the VBDA will have aligned all necessary funding to allow the Developer to move to the final closing of its construction loan as contemplated by the Development Agreement. The recommended source of funding is the fund balance of the Tourism Investment Program Fund (TIP), which has an adequate balance to meet this need. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:Op 1 AN ORDINANCE TO APPROPRIATE $1,212,000 FROM 2 THE FUND BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM FUND TO CAPITAL PROJECT #100145, 4 "ATLANTIC PARK ENTERTAINMENT VENUE," TO MEET 5 ESTIMATED CONSTRUCTION COST AND BUILDING 6 CODE REQUIREMENTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 $1,212,000 is appropriated from the fund balance of the Tourism Investment 12 Program Fund to the FY 2022-23 Capital Improvement Program as pay-go to Capital 13 Project #100145, "Atlantic Park Entertainment Venue," to fund $462,000 in additional 14 construction costs and $750,000 for a stage and related fire suppression features. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &ad anagement ervices tt 's Office CA16001 R-1 December 7, 2022 J. PLANNING 1. ORP VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots and to construct two (2),two (2) story single family dwellings located at 820 24th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 2. COURTHOUSE MARKETPLACE STATION, LLC & HARRIS TEETER PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re automobile service station at 2500 Nimmo Parkway DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 3. AT ASSOCIATES,LLP for a Modification of Conditions to a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard DISTRICT 3 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 4. NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1305 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 5. 208 10th STREET, LLC for Conditional Use Permits re short term rentals at 945, 949, 953, 957, 961, 965 Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 6. HOST MY HOME, LLC / DAVID DOWDY for a Conditional Use Permit re short term rental at 529 22nd Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. JD ENTERPRISES VA, LLC / LOROM, INC., for a Conditional Use Permit re short term rental at 512 19th Street DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. JD ENTERPRISES VA, LLC / LOROM, INC., for Conditional Use Permits re short term rentals at 516 19th Street - Units A l, A2, A3, A4, B l, B2, B3, B4 & 518 19th Street, Units Al, A2, A3, A4, Bl, B2, B3, B4 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL •,, , 7.,..:.,,, , 4 a ,s.-„__._ ,-• „,,,,„, NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Reach City Council will be held on Tuesday,December 13,2022 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: Mtns•//vhecv webex com/vbgovionstaef/E nho?MTiD= F8Rr13afaaa57ean945a 191 a6q^Qr1340ft1 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m.on December 13,2022. The following requests are scheduled to be heard: ORP Ventures. LLC(Applicant&Property Owner)Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Address:820 24th Street GPIN(s):2417787663 City Council District 6 Harris Teeter Properties, LLC & Cour house Marketplace Station,LLC(Applicants)Courthouse Marketplace Station,LLC (Property Owner) Modification of Proffers Conditional Use Permit(Automobile Service Station) Address: 2500 Nimmo Parkway GPIN(s):1494632180 City Council District 2 AT Associates,LLP(Applicant&Property Owner)Modification of Conditions(Motor Vehicle Sales,Rental,&Service)Address: 2717 Virginia Beach Boulevard GPIN(s): 1497447924 City Council District 3 Nikola Gecrgiev(Applicant&Property Owner)Conditional Use01\1\ft Permit(Short Term Rental)Address:303 Atlantic Avenue.Unit 1305 GPIN(s):24273224032370 City Council District 5 208 10th Street.LLC(Applicant&Property Owner)Conditional Use Permits(Short Term Rentals)Addresses:945,965,961, 957, 953, 949 Pacific Avenue GPIN(s): 2427242573 City Council District 5 Host My Home,LLC(Applicant)David Dowdy(Property Owner) Conditional Jse Permit(Short Term Rental)Aodress:529 22nd Street GPIN(s):2417986545 City Council District 6 JD Enterprises VA, LLC (Applicant) LOROM, Inc (Property Owner)Conditional Use Permit(Short Term Rental)Address: 512 19th Street GPIN(s):2427070312 CtyCouncil District8 JD Enterprises VA, LLC (Applicant) LOROM, Inc (Property Owner)Conditional Use Permits(Short Term Rentals)Address: 516 19th Street-Units Al,A2,A3,A4,61,B2,63,B4&518 19th Street, Units Al,A2,A3.A4, 61, 62, 63, B4 GPIN(s): 2417979219 City Council District 6 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.MMC City Clerk BEACON-NOVEMBER 27,2022&DECEMBER 4,2022-1 TIME EACH 4/ th str A 18 i yet � 2401 s tree t Ptsci Rt.5 R5 D P1 N Site W.�,►a E Property Polygons ORP Ventures, LLC �:►J 820 24th Street Zoning Building rimr=milpFeet 0 510 20 30 40 50 60 c M ti* 1/4„......) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ORP VENTURES, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations for lot width) for the property located at 820 24t" Street (GPIN 2417787863). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: December 13, 2022 • Background: This 10,000 square foot lot originated from the Woodland Plat that was recorded in 1925 where each lot is approximately 35 feet wide by 125 feet deep. The lots were re-platted in 1976 into a single lot labeled as `Parcel B' that has a lot width of 80 feet and lot depth of 125 feet consisting of lots 17, 18, and portion of lot 19 of the Woodland Plat. The current lot is developed with a duplex and meets all the dimensional standards for property zoned R-5D Residential Duplex District. This request is to subdivide Parcel B into two lots each substandard in lot width in order to construct two, two-story single family dwellings, one on each lot. As the proposed lots will have only 40 feet of lot width where the Zoning Ordinance requires a minimum lot width of 50 feet for single-family development in the R-5D Residential District, a Subdivision Variance request has been submitted in order to legally establish these lots. Both proposed lots will meet the required 5,000 square feet lot area. • Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. While this proposal does not meet all the applicable criteria, the Planning Commission finds that a hardship exist due to the strict regulations of the Ordinance and that the proposed single-family dwellings are consistent with the pattern of development in the immediate surrounding area. In addition, the majority of single-family dwellings on this block are developed on smaller and narrower lots than the proposed lots. The proposed homes are of similar design with front loading garages, decorative trellis element above the garage, a small front porch, and multiple material finishes to provide visual interest. The applicant worked with Staff to provide variations in the design and colors of the front façade elevations to help distinguish the buildings. ORP Ventures, LLC Page 2 of 2 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Improvement Plan for Preliminary Subdivision of Lot B Block 10", prepared by WPL, dated August 30, 2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the site is redeveloped, the building exteriors shall substantially adhere to the renderings shown on pages 8 and 9 of this report, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed lots B-1 and B-2 shall only be developed with one single-family residence on each lot. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. �, Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner ORP Ventures, LLC Agenda Item Planning Commission Public Hearing November 9, 2022 City Council District 6, formerly Beach City r,t Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) f 6 Q 1 \----- Staff Recommendation 6. ``Q o Denial d �. r a 270s'ia G. Chinq=�ap,n lane Q. �o� 26th eSKeet I_i Staff Planner \ _ 2sih " r- i \_ 250 svee% ‘ Hoa N. Dao rd D•N \, F-� 2�1h"a"Sne• Bw eb' ` e 1 Location 1 r-\-- ___, 2•`a"stet 820 24th Street v.ite,i,,t DO W 1 ♦ z3`a" '-- e� G PIN �Ai �� 2'f 2��o t�S% 2417787863 22nd s'e att svot Site Size '2 t 2�st s"Qe`"sveo r- 10,000 square feet a 20`h sleet Y 2pth 4 c Y AICUZ '64 { • o 19`hsueet 70-75 dB DNL A.-- S1 Watershed P Pi �Z ,ethsvee` ' Chesapeake Bay ' y`- - --�'�� �f' Existing Land Use and Zoning District Duplex/ R-5D Residential - Surrounding Land Uses and Zoning Districts �� 4� North ,�,,,,,r. *: F 4. -'*: 24th Street r,, r 'i % Multi-family dwellings/A-18 Apartment J - '; ;` x e.c, k South -t .` 3 `s a _ , �;'' Single-family dwellings/ R-7.5 Residential �- East - - :4. n r �1 Single-family dwelling/ R-5D Residentialciii?p.,.. ` West p_iihilitir --04 ' i•y, k' _.".$ r Single-family dwelling/ R-7.5 Residential . • ?,�., -, :f ' rtAP.' ii-k -- 4 Shirr a*.. N s _ ! ,.- - .IX ..tee 4 `';S--_ =y ORP Ventures, LLC Agenda Item 1 Page 1 Background & Summary of Proposal • The 10,000 square foot parcel, zoned R-5D Residential Duplex District, is developed with a one-story duplex that was constructed in 1976. • This parcel originated from the Woodland Plat that was recorded in 1925. The plat included Lots 17, 18, and portion of Lot 19 with dimensions of 35 feet wide by 125 feet deep. The lots were re-platted in 1976 and Lots 17, 18, and portion of Lot 19 were consolidated into a single lot labeled as 'Parcel B'that has a lot width of 80 feet and lot depth of 125 feet. At that time, the requirements for lot width (75 feet) and lot area (10,000 square feet)for parcels zoned R-5D were met and a duplex or a single-family dwelling can be constructed on Parcel B as a matter of right. • In early 2022,the applicant acquired both this site, Parcel B, as well as the adjacent Parcel A to the east. This request is to subdivide Parcel B into two lots each substandard in lot width in order to construct two,two-story single family dwellings, one on each lot.As the proposed lots will have only 40 feet of lot width where the Zoning Ordinance requires a minimum lot width of 50 feet for single-family development in the R-5D Residential District, a Subdivision Variance request has been submitted in order to legally establish these parcels. The applicant also planned subdivide Parcel A for single-family. Required Minimum Required Minimum Lot Width Proposed Lot Width Lot Area Proposed Lot Area Proposed Lot (feet) (square feet) (feet) (square feet) Lot B-1 50 40* 5,000 5,000 Lot B-2 50 40* 5,000 5,000 *Variance Requested • The applicant has developed the four two lots directly west of this site with single-family dwellings as a matter of right and seeks to continue that pattern of development eastward. • The property is located within the 70-75 dB DNL of the Air Installations Compatible Use Zones (AICUZ). Residential uses are not compatible within this noise zone; however,the existing duplex was constructed prior to the adoption of the AICUZ regulations, and the proposal to create an additional lot will not result in increased density as the use of the parcels will be limited to single-family dwellings. Also,the property is currently zoned residential and a residential use is permitted to be built on the property as a matter of right even with the use not being compatible with the 70-75 dB DNL noise zone. • The existing driveway on this site is shared with the single-family dwelling on the adjacent eastern property which is also owned by the applicant. With this proposal,that shared ingress/egress will discontinue, and new driveways will be constructed for each lot. • The property is located within the Resort Area Strategic Growth Area. As the Resort Advisory Commission - Planning/Design Review Committee (PDRC)typically make recommendations on commercial and multi-family and not single-family development proposals such as this,the applicant worked solely with Staff on the details of the project. • The submitted renderings depict each of the two-story homes of identical design with a front loading garage, a decorative trellis element above the garage, a small front porch, and multiple material finishes to provide visual interest. While the applicant declined to submit a unique design for each dwelling as requested,the applicant worked with Staff to provide variations in the design and colors of the front façade elevations to help distinguish the buildings. ORP Ventures, LLC Agenda Item 1 Page 2 '`AA Stpeet FI Ct/ Zoning History # Request 1 CUP(Outdoor Recreation Facility)Approved 12/06/2016 42 CRZ(R-6 to Conditional A-2)Approved 02/04/1985 !Apo 006-17 000 000 . 1 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation Section 9.3 of the Subdivision Regulations indicates that City Council shall not approve a Subdivision Variance unless specific findings can be made. A brief analysis of each required finding is provided below. No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Staff Analysis: The Ordinance does not produce undue hardship. The property could be developed with a single- family residence or duplex. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Staff Analysis: The surrounding area consists of single-family dwellings and townhomes. The proposal would not be detrimental or adversely affect the character of the area. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Staff Analysis: The proposal is not recurring in nature, an amendment to the Ordinance is not required. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Staff Analysis: The hardship is self-inflicted by the applicant's request to subdivide the parcel in a manner not compliant with the Zoning Ordinance. Staff does not find any irregular shape or character of the property which would create a hardship. As a matter of right, the parcel can be developed with a duplex or a single-family dwelling that meets all the development standards. ORP Ventures, LLC Agenda Item 1 Page 3 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff Analysis: The parcel meets the development standards for property zoned R-5D Residential Duplex District. The hardship is created by the applicant's request to subdivide the parcel. The proposal to subdivide Parcel B,that currently meets all the dimensional standards for property zoned R-5D Residential Duplex District,to create two lots that are sub-standard in lot width, in Staff's opinion, is not supportable. When the parcel was platted in 1976, the lot met the dimensional standards of the R-8 Residential District at that time. While in 1988 the City reclassified the R-8 District to the R-5D Residential Duplex District,the existing Parcel B continues to meet the current dimensional standards for a duplex in the R-5D Residential Duplex District—75 feet of lot width and 10,000 square feet of lot area. In other words,the ability to develop the site with two dwelling units exists today in the form of a duplex. A similar subdivision variance request was sought in 2016 for a property located approximately 500 feet east of this site. The 100-foot-by-140-foot property was once four lots that were platted in 1925;those four lots were later consolidated into one parcel. The property was developed with a single-family dwelling and the applicant sought to create three lots for single-family dwellings with sub-standard lot width of 33.33 feet and lot area of 4,666 square feet. That request was denied by City Council for failing to meet the test required by Section 9.3 the Subdivision Ordinance. The City Council did not support in this instance the creation of sub-standard lots where by-right alternatives existed that would not be detrimental to the neighborhood. Staff believes that this same reasoning is applicable in this situation as this parcel can be developed with either a single- family dwelling or duplex. Furthermore, Staff's opinion is that the applicant has not demonstrated that the proposed subdivision, resulting in the creation of two sub-standard lots, is not a self-inflicted hardship. Review of the requirements that must be met for granting such a variance as noted above in Section 9.3 of the Zoning Ordinance compels Staff to recommend denial. Should the Planning Commission contemplate approval,the following conditions are provided for consideration: Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Improvement Plan for Preliminary Subdivision of Lot B Block 10", prepared by WPL, dated August 30, 2022,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the site is redeveloped,the building exteriors shall substantially adhere to the renderings shown on pages 8 and 9 of this report, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed lots B-1 and B-2 shall only be developed with one single-family residence on each lot. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. ORP Ventures, LLC Agenda Item 1 Page 4 Comprehensive Plan Recommendations The subject property is located in the Resort Area Strategic Growth Area as defined by the Comprehensive Plan. The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for Strategic Growth Area 8 and identifies the potential for three distinct, yet complementary, districts at Laskin Gateway, Central Beach and Rudee Marina. The plan is a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life, the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There do not appear to be any significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 24th Street 2,795 ADT' 12,500 ADT 1 LOS 4"D„ Existing Land Use 2—14 ADT Proposed Land Use 3—20 ADT 'Average Daily Trips 2 as defined by a duplex 3 as defined by two single-family 4 LOS=Level of Service dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of 24th Street is considered a two-lane undivided minor arterial roadway. It is not included in MTP. There are no roadway CIP projects slated for this segment of the roadway. Public Utility Impacts Water The site is currently connected to City water. If approved, each proposed single-family dwellings will be required to connect to City water.There is an existing 12-inch City water main along 24th Street. Sewer The site is currently connected to City sanitary sewer service. If approved, each proposed single-family dwellings will be required to connect to City sanitary sewer service. There are 15-inch City sanitary sewer gravity main and 10-inch City sewer force main along 24th Street. ORP Ventures, LLC Agenda Item 1 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 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 December 9, 2022. ORP Ventures, LLC Agenda Item 1 Page 6 Proposed Subdivision Layout N/F N/F N/F N/F LOT A LOTS 27 do 28 LOT 29 LOT 30 N.B. 302, PG. 6) N.B. 7, PG. 98) N.B. 7. PG. 98) (M.B. 7, PG. 98) CPIN: 2417-78-7689 10' PRIVATE GPIN: 2417-78-7659 GPIN: 2417-78-6782 GP N: 2417-78-5767 DRAINAGE EASEMENT I I I (M.D. 302, P3. 6) I I I i> 1 40.00' 40.00' i BLOCK B 10 I (M.R. 11 PC. 18) GPIN 241 78 7863 PROPOSED-� B-y B-2 PROPOSEDCCWCRETECONCRETE PAT10 (10'x10) PAT10 (1O'x10) 1 8.25' 8.25' .Q y F 20.AD' tz. '-' 20.00' v LOT A 1 N N N N.B. 15, PG, 18) N/F GPIN: 2417-78-8769 \ 3 3 LOT 16 W N.B.SEr 7. PG. 98) b. PROPOSED "z GPIN: 2417-78- 8G7 '� 2-STYE_ **100" VARIABLE $DWELLINGS 0 $D TLLIn� S ") RPA BUFFER ` MODEL '� (MODEL .2 fir 65) 11.75' *1'50' LANDWARD PROPOSED PROPOSED RPA FRONT ' f PORCH r�� (5 ar 1 D') 11.75 (5'x 1 D') ,i L...... c,m v 7 \ ` 9 ' `y 10.67' 9.33' as \ \ I •• - - • •••• • - PRISED' •. P•1ggpQ5ED .�', 1 O CONCRETE o p E O 440 TO P.I. OF h DRIVEWAY h.. h DRIVEWAY _? BARBERTON DRIVE l 1 cry (20.x.23.52 N', (20 x21.$) y ... �� 4 l 49,00' 1 40.001..... S 59' 7' E 80. ,............. e H7-- -. •...•;;.-.•..- 246Z STREET N (50' PUBLIC RIGHT-OF-WAY) (FORMERLY D STREET) (M.B. 7, PG. 98) ORP Ventures, LLC Agenda Item 1 Page 7 Proposed Renderings vi i 4 > s ,, ilk 'fr J t► N as i - t '4i. ' ' ' ''' / t. * 4 10. t t Y._ '' room '1 .- ...._. .._.... : ,,,,,,, _ .__. -_ ,,, :, _.-:,-;:k„..,:„...,,,f3„.. , ..,„ ,..,,--,. . 1, k :- ' - "7.'-.....-- ,,.\\ ME I ,.. aiallatiii : r , , i _ $ , .,,,,,,,,,,,A:\s„ 3. t .ti s, . 9 4 \ Ittrif li AL i ,•,..''. 2; i.-1 T 1.. tA\ ., k i is, I)4,-,-, ,, 4 , iittA \ , _ :....Ba is ' ". K _ :-. i Vi i 41. - v. _ ,-- J ORP Ventures, LLC Agenda Item 1 Page 8 Proposed Renderings 2 i , t 11 rti IN- >\./i Ot • 4 4.44 ''‘''- - e• , ,1. 3irt •• ir'z: 1 :, "- - .r. Ai • . 40- • d•- „ . .. �-07' ..._ 40 �_ t:1._ II_ f gi____ i -/ NMMOs ror _. ....k.......i, #111 I. - I 1111111 0 4 -11-- - :- - —1 i 1— 1: 0 L ■, •�® v �' Mil is i V F r i 1 • s ::; yi' i• 4111`°ram.' 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Jilriliiiirlsollearimiti.Aipir faileaolialillaiiiiMIWAraisiallieW1111111141~=7---1,—...Z 7:.:7-716.111bYtdrta,-..rd.. ,-- ORP Ventures, LLC Agenda Item 1 Page 11 Disclosure Statement Disclosure Statement Alb Planning&Community Development The d'sclosures contained in th.s 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/cr 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 ORP Ventures,LLC Does the applicant have a representative? 111 Yes 0 No • If yes.list the name of the representative R Edwarc Bourdon Jr.Esq Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?In Yes 0 No • If yes,list the names of all officers,directors,members.trustees,etc below (Attach a I,st if necessary) Steven W.Bishard&John K.Bishard,Managers • If yes,list the businesses that have a parent-subsidiary'or affliated business entity'relationship with the applicant (Attach a lit 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 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,CO a controlling owner,n one entity is also a controlling owner in the other ent ty,or(iii)there is sha-ed management or control between the business entities. Factors that shocld be considerec in determining the existence of an affiliated business entity relationship include that the same person or sjbstantia►ly the same person own or manage the two entities:there are common or commingled funds or assets,the bus.ness entities share the use of the same off ces or employees or otherwise share activities,resources or personnel on a regular basis,or there,s otherwise a close wo-king relationship between the entities See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 11 ORP Ventures, LLC Agenda Item 1 Page 12 Disclosure Statement Disclosure Statement 143 Ce5 fe&l:p4.03.-: PlanningCmunity Devmnt 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-collateralitation,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 provid ng the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service 3 Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 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?0 Yes No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?0 Yes •No • If yes,identify the purchaser and purchaser's service providers 2I ORP Ventures, LLC Agenda Item 1 Page 13 Disclosure Statement Disclosure Statement City Planning&Community = Development r. 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connect on 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 Travis Fox,Fox Land Surveys 8 Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon.Jr,Esq.,Sykes,Bourdon,Ahern&Levy,P C;Harry R.Purkey,Jr,Esq Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, • upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ORP Ventures,LLC By S l�/�/�i J Applicant Signature 7"C•e4-1 r, ,MD VA. ot,r-,�ec✓1 c,'t C.Print Name Name and Title 8'3I•az -- — — 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 stateme^t. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Q Na changes as of Date i 2022.11 22 Signature / P r"''h°'"` . Hoa N.Dao ORP Ventures, LLC Agenda Item 1 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ORP Ventures, LLC Agenda Item 1 Page 15 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Item # 1 ORP Ventures, LLC (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Address: 820 24th Street RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Thank you, Mr. Chairman. Our first item is, agenda item number 1, ORP Ventures, LLC. An application for a Subdivision Variance Section 4.4B of the Subdivision Regulations at 820 24th Street in Council District 6, formerly the Beach District. Mr. Bourdon: Thank you. Chairman, and members of the Commission. For the record Eddie Bourdon, Virginia Beach Attorney. My clients are here today. Mr. Bouchard couldn't be here, but Josh Moto and a couple other folks in their office are here. This is an application for which I provided you all a handout this morning during at your seats for your informal. This is a unique situation, the property in question is zoned R-5D. That zoning exists only on this piece of property and the one directly adjacent to it. The property is in the original woodland subdivision from 1925, and I've provided a copy of that subdivision plat in the handout that I gave you this morning. If you look at the two maps, the zoning maps I provided, it shows you that area and I am sure if you have been in the area 24th Street, Barberton runs essentially north south, 24th Street connects Birdneck Road to the Oceanfront, fairly heavily traveled road. Everything pretty much to the north of 24th Street in this subdivision is now multifamily from anywhere from A-18, A-12, A-36. The area south of 24th Street and east of Barberton as well as a little bit to the west of Barberton is a hodgepodge. There's a significant amount of R-7.5 Single Family zoning and then there's also a fair amount of A-12 zoning and some A-18 as well with some multifamily and some duplex, triplex development. I put a summary at the bottom of the first page of the handout I've provided and I've summarized that in blocks 1 through 5 and in blocks 10 and 11, and the blocks are shown on the subdivision plat of Woodland. There are 70 plus single family homes on originally plated lots that are now zoned R-7.5, and those lots are 35 feet in width and average 4500 square feet, R-7.5 zoning requires a lot width of 75 feet and on corner lots a lot width of 85 feet. Needless to say none of those lots are anywhere near that, and they require 7500 square feet in lot size. So the lots that are out there on average are 53% below the minimum lot width requirement of 75 or 85 feet and they're 35 feet and 40% below the minimum lot size of 7500 square feet when they are mostly and I don't think there's any that are 5000 square feet, there may be one that's very elongated, but they're completely non-conforming by substantial amounts, and there are at least 17 original 35 foot wide lights that have either a duplex or a triplex on it and less than 5000 square feet. This proposal is for a subdivision of this 80 foot by 125 foot lot that zoned R-5D to 240 by 125 lots that meet the lot size requirement for a single family dwelling in R-5D of 5000 square feet, and they are 40 feet wide rather than 50. So they're 20% below the minimum lot width. Most importantly they are wider and larger than at least 95% of the existing developed or developable single family lots in this immediate community zoned R-7.5. The proposed setbacks we have got larger setbacks, there, and that's for the purpose of having the property to the east of us, they out of the 50 foot seaward portion of the resource protection area that's applied to it now, obviously didn't exist until 1991, but our homes here will be set back 20 feet from each other, there'll be a total between the two, whereas in the rest of the community, these setbacks in R-7.5 are 5 and 10, and typically you'll have 15 feet between, but there are many that have variances and others that the 5 meets the 5, so they're actually 10 feet apart from each other in some cases. This proposal results in a less dense development per square foot, greater separation of the two units, and I've given you handouts, he's got the staff report, you can go and look for yourself. These will be extremely attractive two story homes that are totally consistent with the development pattern, again and larger in terms of the size of the lots. The properties, while mentioned this morning, there are four properties directly to the west of this that have redeveloped. The two that are immediately west, we're not actually redeveloped by the Bishards, they're the three-story units that are on single family homes, I should say. They're currently tax assessed at $572,000 each. The two that are immediately west of that, the two-story homes, which I've given you pictured up in the handout are very similar to what you see in this application. Those were done by the Bishards, and while they're only two stories, and they have less square footage, more in keeping with the community and the three stories, their tax assessed values are$562,000 each. All those green dots that I have on the handout showing where the single family homes are, they're typically assessed tax wise in the low to mid to upper threes, $300,000. There are a couple that are in the fours, but overwhelmingly they're in threes. We're seeing here organic redevelopment, 24th Street didn't cost taxpayers a dime, 24th Street is a heavily traveled street, unlike 23rd and 22nd, which are dead end cul-de-sacs nicer for people to have single family homes, but all these will wind up being redeveloped on 35 foot wide lots. So frankly, there is no other way to do this. I can't do a conditional A-12 and then do this without a subdivision variance, because A- 12, which there's a lot of out here doesn't allow single family homes. So there, it's common sense, this is the best way for this property to develop, putting a duplex on it other than the small little ones that exist on 23rd Street, in which there are a total of 6 of them actually, one on the corner and five that are east of the corner in little very old bungalows. It's just the best way to develop the property. There's, you know, putting a big duplex on here doesn't really make sense. It is all about quality. We want to promote quality. This isn't about quantity, it's not increasing density is trying to do a high quality job rather than do something that's going to not bring the caliber of development here up. So the three conditions that staff has put in the write up that they recommend, if you deem it in the best interest of the city to prove these subdivision variances are acceptable to my clients, and I'll be happy to answer any questions that you may have. Mr. Wall: Are there any questions for Mr. Bourdon? Mr. Bourdon: I should have stayed there. We have canvassed the neighborhood and absolutely no opposition from anyone. Mr. Wall: I've got a few questions. So it's interesting that you know, I see the consistency here. I see that it's certainly consistent with the development along 24th Street, but we've looked at the subdivision variance, and I don't see a hardship. Can you answer to anything with that? I mean, it's R-5D currently, there's no reason other than preference that it could be developed with the single family, with the subdivision variance that's being requested. So, do you have anything to have a hardship or any kind of new characteristics of the property or anything? Mr. Bourdon: The character of everything that is around it, number one, that's as unique a situation and truly I believe is a hardship. The other thing I want to mention and thank you for indirectly reminding me. In the informal you all were shown a plat that was not in the write up. It has nothing whatsoever to do with my clients at all, and it's not in this subdivision, either not in Woodland. Those were four 25 foot wide lots that someone chose where they could have built on a 50 foot lot and a 50 foot lot chose to try to get three lots at 33 and a third foot frontage on each of those lots, and I was taken aback that that would be put up on the screen in an informal briefing where we're not asking to do 33, and a third foot wide lots were in that case, I'm sure they're mostly 50 foot lots, they're not in this subdivision. This is not that situation in any way, shape, manner or form, and it's not east of here on 24th Street. We're trying to do what fits in this community and not build duplexes instead of single family homes. Now, the other circumstance that exists is the property to the east is also zoned R-5D, and it is encumbered by the Chesapeake Bay Preservation Area ordinates, which didn't exist when Woodland was plated or when it was developed, or when this property was created, as it currently is in the R-5D category or zoning district, and in order to minimize encroachment of the development on that property, and also develop it in the same fashion, if we did 50 foot wide lots, we'd have a house that's in the resource protection seaward 50 foot from the ditch that's out there. So we're trying to do what's consistent with the pattern, and what's best for the neighborhood in terms of value long term, as opposed to building a couple of duplexes, which will not be as valuable or will not promote the single family redevelopment that this area is predominant as far as these blocks, and the longer this goes where we don't have that take hold, the greater the likelihood that the B-2 on the southwest corner of Barberton and 24th Street becomes yet more multifamily development, and that is a possibility that you can't discount or rule out. We're trying to help establish and maintain the single family residential character of these blocks and not have it turned into yet more multifamily, and that's part of the intent here is to do a quality job, and not, you know, do something that won't lift the neighborhood. It's all about quality of development as far as we're concerned. Mr. Wall: Okay, all right. Thank you. Anything else? Any other questions? Alright. Well, I'm going to close then and open it to discussion among the Planning Commissioners. Anybody like to lead off? Mr. Redmond? Mr. Redmond: I accept what the applicant representative just said about the quality of this project. I think that's really what this all boils down to. Mr. Chairman, because I've thought about this application, where's the hardship involved, in my view, the hardship on this property is the Zoning Ordinance is simply too inflexible to be able to account for all of these various circumstances that arise and certainly in a case, where you have the opportunity to create a higher quality development of single family homes, on larger lots, as opposed to doing a duplex, that seems to me is the highest as the best outcome that we can expect from this property, and it just it doesn't reflect that. So as I said this morning in our informal meeting, this to meet and a lot of these things do boil down to a much more simple choice than we sometimes will allow, and that is, it's either going to be a duplex, or it's going to be two single family homes of the quality and the attractiveness that we saw on those on those elevations, and I for one, far prefer the idea of higher quality single family homes, they're small lots for sure, you'd have a duplex and it would very large on this lot, if that were the case. So to me, this is certainly a far preferable outcome, and then could be achieved by right. I think we get a broad public benefit anytime we have an aesthetic improvement like this in the neighborhood and a higher quality and higher value, and all of that I think we ought to, we ought to grab these opportunities when we can get them, so I certainly support this application. I hope you all will, too. Thanks. Mr. Wall: Okay, Mr. Weiner. Mr. Weiner: I want to echo a little bit about what Mr. Redmond said and I agree with him 100%, and as I said in the informal, I think we need to sit back and look at our Ordinance and maybe do some changing. How do you do that? I don't know. Let's leave that up to the professionals, but then all these different because this is very normal, what's going on down there and when you have somebody that actually wants to invest their money, and build, and tear down existing and build new, it's kind of hard for me to say no to that. So I'm gonna support this also. Mr. Wall: Mr. Bradley? Mr. Bradley: Similar to what's just been said, I appreciate the concern the Planning Department has, you know, talking about as far as a precedent, but when you go out and look at that site, clearly the style and the quality of the single family homes is going to be an improvement to what is there and you have two units to two units, so you're not increasing the density. So I'm gonna be supporting the application as well. Mr. Wall: Okay, thanks. Anybody else? Mr. Frankenfield? Mr. Frankenfield: I also support the application. I think it's very attractive. It's similar to many of the much of the infill development at the north end, and this is the more attractive approach. So I also support it. Mr. Wall: Okay, all right. Thank you. Mr. Redmond. Mr. Redmond: Mr. Chairman, I move approval of the application. Mr. Wall: So we have a motion by Mr. Redmond, and second by Mr. Weiner. One thing is with the approval, there are three conditions just to make note that there are three conditions that the city has placed into the application for this application. Okay, so, like I said, we have motion by Mr. Redmond, a second by Mr. Wiener and the vote is open. Madam Clerk: Mr. Chairman are there any abstentions? Mr. Wall: Are there any abstentions on this one? Madam Clerk: Vote is open. By vote of 8 to 0, agenda item number 1 has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Improvement Plan for Preliminary Subdivision of Lot B Block 10", prepared by WPL, dated August 30, 2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the site is redeveloped, the building exteriors shall substantially adhere to the renderings shown on pages 8 and 9 of this report, which has been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed lots B-1 and B-2 shall only be developed with one single-family residence on each lot. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 0 / 44eb st- fk Qeb' O Q„ 9e A, B2 G V,,, /B2 / / e6e/ so 0 o frii, // , ,/ �o ' 4„,,/A , ,_, /zt- ,/ 441V B 1 ( -N / / ,,‘ ( '' AG1\ KN/N N rA Site W (4 ►� F Property Polygons Harris Teeter Properties, LLC & _�J. Courthouse Marketplace Station, LLC s Zoning Building 2500 Nimmo Parkwayt Feet 012.T5 50 75 100 125 150 u�'1 00„ I„, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COURTHOUSE MARKEPTLACE STATION, LLC & HARRIS TEETER PROPERTIES, LLC [Applicants] COURTHOUSE MARKETPLACE STATION, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning & Conditional Use Permit (Automobile Service Station) for the property located at 2500 Nimmo Parkway (GPIN 1494632180). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: December 13, 2022 • Background: The property owner, Courthouse Marketplace Station, LLC, is applying for a Modification of Proffers to revise a list of prohibited uses for an outparcel of the Courthouse Marketplace Shopping Center and to allow an additional monument sign for a new Automobile Service Station. Along with this requested modification, Harris Teeter Properties, LLC is requesting a Conditional Use Permit to develop and operate an Automobile Service Station. The proposed fuel station will have 14 pumps, a 250 square-foot sales kiosk, and a few ancillary amenities, such as a single vacuum pump station and air pump. An existing bank building will be demolished as part of this redevelopment project. The applicant also proposes outdoor vending/merchandise display as part of their site operations. • Considerations: The requested Modification of Proffers and Conditional Use Permit to permit an additional monument sign and allow an Automobile Service Station on this out parcel are compatible with the overall Courthouse Marketplace Shopping Center and the goals of the Comprehensive Plan for this area. The original proffers associated with the Courthouse Marketplace Shopping Center predate much of this area's commercial and residential development and certain traffic improvements along Nimmo Parkway, including the signalized intersection at George Mason Drive and Nimmo Parkway. Today, this area is a well-anchored, neighborhood-service-oriented shopping center and the proposed concept aligns with this use character as well as its architectural character. A similar request for a Modification of Proffers and Conditional Use Permit to permit fuel sales on a separate outparcel in this shopping center were approved by City Council in 2007. Additional consideration was given due to the property's location in the Southern Rivers Watershed and the Courthouse Historic and Cultural District. As the Courthouse Marketplace Station, LLC & Harris Teeter Properties, LLC Page 2 of 4 redevelopment will reduce impervious surface and as the outparcel was included in the master drainage study for the shopping center, no adverse stormwater runoff impacts are anticipated. The Historical Review Board approved a Certificate of Appropriateness for this project on August 17, 2022. While the property is located within the Courthouse Historic and Cultural District, the Planning Commission recognizes that outdoor vending machines and display of merchandise are accessory to fueling stations and could be allowed when they are properly screened. Condition 10 has been modified to allow outdoor vending at this property, as indicated by the struck and underlined text 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. One speaker spoke in opposition at the public hearing; this same speaker also sent a letter of opposition. The speaker stated at the hearing and in his letter that he believed that as he is a property owner of a separate outparcel of the shopping center, that he needed to be included as a party to the Modification of Proffers application. The opposition speaker is the owner of the outparcel that contains the other Automobile Service Station in the Courthouse Marketplace Shopping Center. A Conditional Use Permit and associated Modifications of Proffers were approved by City Council for the development of that site with an Automobile Service Station. • Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0, subject to the following conditions: 1. When the site is redeveloped, the site layout shall be in substantial conformity with the conceptual site plan entitled, "Harris Teeter Fuel Center #239 Courthouse Marketplace Virginia Beach, Virginia," prepared by Kimley-Horn, and dated 07/07/2022, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The exterior of the proposed kiosk building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations/renderings entitled, "Harris Teeter Fuel Center #239 Courthouse Marketplace Virginia Beach, Virginia,"which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development, and as approved by the Historical Review Board under Certificate of Appropriateness #22-07. 3. When the site is redeveloped, the site shall be landscaped in substantial conformity with the conceptual landscaping plan entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach, Virginia, EX-1" prepared by Kimley-Horn, and dated 07/07/2022, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. A landscaping plan shall be submitted during detailed site plan review. Courthouse Marketplace Station, LLC & Harris Teeter Properties, LLC Page 3 of 4 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non- business hours. 5. A brick monument type sign shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. The sign shall substantially adhere in appearance, size and materials to the exhibit entitled, "HT#259 Fuel Center 2476 Nimmo Parkway Virginia Beach, VA 23456" dated 07/05/2022, prepared by Casco Signs Incorporated, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development 6. Prior to the commencement of any land disturbing activity, a stormwater plan shall be submitted for review and approval by the Development Services Center. 7. The final stormwater plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 8. A minimum of one oil/water separator shall be installed on the site to prevent sediments from being discharged into the stormwater facility. 9. Parking above the maximum number of spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 10.No outdoor vending machines and/or display of merchandise shall be permitted. Outdoor vending machines or merchandise display shall be screened from view of Nimmo Parkway by a brick enclosure or landscaping as approved by the Director of Planning. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) Courthouse Marketplace Station, LLC & Harris Teeter Properties, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / (V City Manager: Applicants Courthouse Marketplace Station, LLC & Agenda Items Harris Teeter Properties, LLC 5 & 6 Property Owner Courthouse Marketplace Station, LLC City of Planning Commission Public Hearing November 9, 2022 Virginia Beach City Council District 2,formerly Princess Anne Requests #5 - Modification of Proffers #6 -Conditional Use Permit (Automobile Service Station) ,__./ Staff Recommendation Approval Staff Planner Elizabeth Nowak 0 / k)4, e Location mot, W �� (.1•171. 2500 Nimmo Parkway � - GPIN .-�4F • 1494632180 A. . Site Size • 43,362 square feet % r • AICUZ ..-/, � Less than 65 dB DNL -,+M`'° i Watershed Southern Rivers (-`\ Existing Land Use and Zoning District Former bank building /Conditional B-2 Community Business & Cultural District Overlay ,`„ Surrounding Land Uses and Zoning Districts _` '`� ,ri North ,/-rt. ..'j,,, .. , Shopping center/Conditional B-2 Community Business with a Historic&Cultural District 0,o'-' ,-4, 4. Overlay sv South 0 , George Mason Drive ' . ,r Restaurant/ B-2 Community Business with a , Historic& Cultural District Overlay {'- cc. East ,y e Nimmo Parkway 4. Municipal Center/ B-1 Neighborhood Business with a Historic &Cultural District Overlay �Fo ,West 4 ' "ir ? �4So Shopping center/Conditional B-2 Community ti. N.._ A Business with a Historic&Cultural District Overlay Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Modification of Proffers and a Conditional Use Permit to develop an Automobile Service Station on an outparcel of the Courthouse Marketplace Shopping Center. The Courthouse Marketplace Shopping Center is opposite Nimmo Parkway from the Municipal Center and is located within the Courthouse Historic and Cultural District. • In 2003,several parcels were conditionally rezoned and resubdivided in preparation of the development of the Courthouse Marketplace Shopping Center. Proffers that had accompanied that application included: o Proffer 4,which restricted outparcel signage to non-internally illuminated, building mounted signs only and which stated the only freestanding signage on would consist of one freestanding sign along Princess Anne Road and one freestanding sign along Nimmo Parkway. o Proffer 5,which identified a list of prohibited uses from the shopping center and its outparcels, including Automobile Service Stations. • As part of this request,the applicant is requesting to modify Proffer 4 to install a second freestanding sign along Nimmo Parkway for the new Automobile Service Station and Proffer 5 to permit an Automobile Service Station on this outparcel (Outparcel 5, according to the conceptual site plan on page 10 of this staff report). • The Automobile Service Station will provide 14 fuel pump stations and a 250 square foot kiosk. A large flat canopy will cover the fuel stations and the kiosk. Exterior cladding of the kiosk and support columns will consist of red brick and neutral colored cast stone to match the primary building of the shopping center. The canopy will have a green metal roof with non-illuminated signage on two elevations. Proposed elevations and sign package are included on pages 11 through 16 of this report. • A dumpster enclosure that will be constructed of red brick and screened according to the requirements set forth in the Zoning Ordinance will be located near the northeast corner of the outparcel. Elevations of the proposed enclosure are included on page 11 and 12 of this report. • At its August 17, 2022 meeting,the Historical Review Board approved a Certificate of Appropriateness (COA)for the demolition of the existing bank building and for the proposed design of the fuel station. This approval, under COA #22-08, included approval of proposed building signage,the proposed freestanding sign, and design of the dumpster enclosure. • The proposed kiosk building will provide restrooms that will only be accessed from the exterior of the building. No interior access, for restrooms or purchase of fuel or other goods, are planned. Customers will be able to pay for fuel or other sundry items at a walk-up window. • In addition to the proposed kiosk building,the applicant is proposing two exterior vending machines. Staff is not supportive of having exterior vending machines at this location. • Existing landscaping on the outparcel will be retained with this project, including the existing brick wall at the southeast corner of the site. • The applicant is proposing seven parking spaces. These will be located perpendicular to Nimmo Parkway. A single vacuum station will be located on the south end of the row of parking spaces and will be screened by existing landscaping. • The applicant proposes fuel sales to be available twenty-four hours a day. Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 2 • The fuel center will employ three to four persons, with a maximum of two employees on-site between the hours of 6:00 A.M. to 10:00 P.M., daily. gel 2 _ / / >"'�. ►p Q� f / .°`.. `'�' Zoning History Ana& . ~.,. / '...` / / /-/ / # Request / J,-' ~ti 1 CRZ(AG-1,AG-2, B-1 with HCD to Conditional B-2 with HCD)Approved 06/08/2004 ;; : / REZ(AG-1 to B-1 Business-Residential)Approved / ` \ /1 �i, ff 03/03/1978 fV...� �� 2 CRZ(AG 1,AG-2, B 1 with HCD to Conditional B 2 with HCD)Approved 06/08/2004 02 REZ(AG-1 to B-1 Business-Residential)Approved f 03/03/1978 / `7 / 3 CUP(Golf Course,Clubhouse&Associated Facilities) 36,1 �9/ 444 F / i' Approved 05/14/1997 44s / 1 // REZ(AG-1,AG-2 TO 0-1 and B1)Approved 08/17/1987 \ 02 AGi 2 '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, these requests are acceptable with the proffers provided by the applicant and conditions recommended in this report. Given the proximity of the Municipal Center to this site and as this outparcel is located in the Courthouse Historic& Cultural District, special consideration is needed to evaluate proposed uses, design, or screening of development here. The architectural design of the Automobile Service Station is compatible with the area and the shopping center, as affirmed by the approval of a Certificate of Appropriateness by the Historical Review Board. Existing landscaping will be retained,which will meet the landscaping requirements of the Zoning Ordinance and ensure that there is a cohesive planting scheme with the remainder of the shopping center. Section 203(a)(32) of the Zoning Ordinance requires that one parking space per employee on a maximum working shift is required. A maximum of two employees are anticipated during operational hours and seven parking spaces are provided,which exceeds the maximum number allowed by the Zoning Ordinance. A condition is recommended to ensure the proposal will comply with Section 203(b)(9) of the Zoning Ordinance. Though approval is recommended for the Automobile Service Station,Staff does not support that outdoor vending and merchandising be permitted on this site, as depicted on the concept plan. Historically, Conditional Use Permits for Automobile Service Stations have been conditioned to exclude vending machine and outdoor merchandising outside of the building associated with fuel sales in an effort to maintain orderly and attractive sites. Given that this site is located in the Courthouse Historic& Cultural District, Staff believes this should be given extra consideration. Additionally,the Retail Design Guidelines found in Section 245(e)(2) of the Zoning Ordinance state that vending machines shall not be visible from a public street, and that if vending machines are present, building facades should include an area screened from public streets but visible to security personnel. Staff recommends a condition to prohibit these machines and merchandising as they will be visible from the right-of-way,thereby not meeting this Guideline. The applicant is not agreeable to this prohibition. For the reasons stated above, Staff recommends approval of this application,subject to the conditions listed below, including the prohibition as stated above and in Condition 12 below. Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 3 The site is located on an outparcel of the Courthouse Marketplace shopping center and there is currently a bank on this site. The approved Traffic Impact Study (TIS)for Courthouse Marketplace did not anticipate a gas station on this outparcel; however, Traffic Engineering has determined that a revised traffic study is not required with this application because the number of new trips does not exceed 150 trips in the peak hour. Additionally, all of the improvements called out in the original traffic impact study have been constructed, including the traffic signal at Nimmo Parkway and George Mason Drive intersection. The subject outparcel does not have direct access to any public street. Through the Courthouse Marketplace Shopping Center,there are two direct access points to Nimmo Parkway.There is also right- in/right-out access point on Princess Anne Road. The number of new trips generated by this proposed gas station will likely be lower than the trip generation estimates included in our comments. This is due to the fact that many of the Harris Teeter branded gas station users will likely be existing Harris Teeter grocery store generated trips. Additionally, there is an existing 7-11 gas station in the same shopping center, which will take some of the demand away from the Harris Teeter gas station. Staff's review of the applicant's conceptual stormwater management strategy finds that the development is likely to meet stormwater requirements for the Southern Rivers Watershed. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The developer of this project chose to complete a simplified Preliminary Stormwater Analysis providing exhibits that demonstrate a reduction in post-development flow rates and has volunteered a condition that states all stormwater regulations will be complied with during final design. The subject parcel is currently developed with 0.72 acres of impervious area, and the proposed project will reduce the impervious area to 0.65 acres. This reduction in impervious area will reduce the peak flow rate and total runoff volume discharged from the site into the public storm sewer system. As such, staff requested only land cover maps in lieu of more detailed calculations to verify compliance with Preliminary Stormwater Analysis criteria. Staff is unaware of any opposition to the request and is recommending approval subject to the following proffers and conditions. Proffers The following are modifications to proffers submitted by the applicant that were approved 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. 1. Proffer numbered "4" as contained in the 2004 Proffers is hereby deleted in its entirety and replaced with the following with respect to the Property as herein described: 4. When the Property,which was formerly designated "Outparcel 5" on the Proffered Site Plans under Proffer numbered 1 of the 2004 Proffers, is redeveloped, no internally illuminated, building mounted signage will be permitted. The only freestanding sign permitted on the Property shall not be illuminated and shall be located along the Property's frontage on Nimmo Parkway.The sign shall have the brick base, dimensions, and heigh as depicted and described on that exhibit entitled "HT#259 Fuel Center 2476 Nimmo Parkway Virginia Beach,VA 23456" dated 07/05/2022, prepared by Casco Signs Incorporated which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development ("Freestanding Sign Details"). 2. Proffer numbered "5" as contained in the 2004 Proffers is hereby deleted in its entirety and replaced with the following with respect to the Property as herein described: Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 4 5. The following uses shall not be permitted on the Property,formerly designated "Outparcel 5" on the Proffered Site Plans under Proffer numbered 1 of the 2004 Proffers: Automobile repair facilities, bino halls, carwash facilities,flea markets, heliports and helistops, mini- warehouses, motorhome sales, and motor vehicle sales and rentals. 3. Except for the modification by replacement of Proffer numbered "4" and "5" applicable to the Property as herein described,the remaining proffered covenants, restrictions and conditions as set forth in the 2004 Proffers are hereby ratified and affirmed. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. When the site is redeveloped,the site layout shall be in substantial conformity with the conceptual site plan entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach, Virginia," prepared by Kimley- Horn, and dated 07/07/2022, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The exterior of the proposed kiosk building,fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations/renderings entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach,Virginia," which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development, and as approved by the Historical Review Board under Certificate of Appropriateness#22-07. 3. When the site is redeveloped,the site shall be landscaped in substantial conformity with the conceptual landscaping plan entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach, Virginia, EX-1" prepared by Kimley-Horn, and dated 07/07/2022, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. A landscaping plan shall be submitted during detailed site plan review. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America.The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. A brick monument type sign shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. The sign shall substantially adhere in appearance, size and materials to the exhibit entitled, "HT#259 Fuel Center 2476 Nimmo Parkway Virginia Beach, VA 23456" dated 07/05/2022, prepared by Casco Signs Incorporated,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development 6. Prior to the commencement of any land disturbing activity, a stormwater plan shall be submitted for review and approval by the Development Services Center. 7. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 5 8. A minimum of one oil/water separator shall be installed on the site to prevent sediments from being discharged into the stormwater facility. 9. Parking above the maximum number of spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 10. . Outdoor vending machines or merchandise display shall be screened from view of Nimmo Parkway by a brick enclosure or landscaping as approved by the Director of Planning. 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. Proffers from the 2004 Conditional Rezoning Request Proffer 1: When the Property is developed,the grocery store/retail facility shall be developed and landscaped substantially as shown on the exhibits entitled (a) "COURTHOUSE MARKETPLACE", dated 6/3/03, prepared by Engineering Services, Inc., and (b) "PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE, Virginia Beach,VA.", dated June 03, 2003, prepared by HBA which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Site Plans"). A detailed landscape plan for the Property which is coordinated with the Grantee's landscaping plans for Nimmo Parkway and Ferrell Parkway/Princess Anne Road, must be approved by the Planning Director prior to issuance of a building permit.The landscape plan for the Property will require that at least thirty percent (30%) of the new trees to be planted will be "evergreen" trees. Proffer 2: The Conceptual Site Plan depicts outparcels and illustrates a possible development layout for each. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures,the location,size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s)for any building(s)to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit.The Planning Director shall determine that each building on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a "main street" atmosphere. Proffer 3: The architectural design and building materials of the grocery store/retail structure to be constructed on the Property shall be substantially compatible with the architectural style and materials depicted on the two (2) exhibits entitled "PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE" dated June 3, 2003, prepared by HBA, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plans"). Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 6 Proffer 4: When the Property is developed, no internally illuminated, building mounted signage will be permitted. Outparcels, as depicted on the Conceptual Site Plan shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage with Ferrell Parkway/Princess Anne Road and one along the frontage of Nimmo Parkway. Proffer 5: The following uses shall not be permitted on the Property: automobile repair facilities, automobile service stations, bingo halls, car wash facilities,flea markets, heliports and helistops, mini-warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated "1" and "2" on the Conceptual Site Plan, no drive through uses shall be permitted. On the Outparcel designated "3", no drive through associated with a restaurant shall be permitted. Proffer 6: When the Property is developed, a public use, ingress-egress easement shall be dedicated over the two drive aisles/access roads which traverse the Property perpendicular to Nimmo Parkway curb cuts on Nimmo Parkway to the northwestern boundary line of the Property, as depicted on the Conceptual Site Plan. The owner of the Property will agree to grant an appropriate ingress-egress easement to serve both "Lot 16" and "Lot 22A" as depicted on the Conceptual Site Plan,from the easternmost main drive aisle, subject to the owner(s) of Lot 16 and Lot 22A executing a reasonable shared maintenance agreement with the Party of the First Part which reflects a reasonable sharing of construction and maintenance costs for the drive aisles and associated landscaping. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Comprehensive Plan Recommendations The subject property is located in the Suburban Area of the city, in the Courthouse Historic& Cultural District. One of the guiding development principles of the Suburban Area is to protect and enhance places of cultural and historic significance. 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. Given that the site has been previously developed,the applicant has provided an exhibit that shows a reduction in the overall impervious cover of the site. This exhibit is submitted in lieu of a preliminary stormwater analysis. Further review of stormwater impacts will occur during site plan review. The subject parcel is currently developed with 0.72 acres of impervious area, and the proposed project will reduce the impervious area to 0.65 acres. This reduction in impervious area will reduce the peak flow rate and total runoff volume discharged from the site into the public storm sewer system. As such, Staff requested only land cover maps in lieu of more detailed calculations to verify compliance with Preliminary Stormwater Analysis criteria. Based on the information provided by Kimley-Horn, Staff agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. The developer of this project chose to complete a simplified Preliminary Stormwater Analysis providing exhibits that demonstrate a reduction Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 7 in post-development flow rates and has volunteered a condition that states all stormwater regulations will be complied with during final design. The site is also located in the Courthouse Historic & Cultural District, locally designated historic district. This proposal to demolish the existing bank building and redevelop the outparcel with a fuel station was presented to the Historical Review Board at its August 17, 2022 meeting.The Historical Review Board approved a Certificate of Appropriateness for the proposed demolition and redevelopment, including proposed signage. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway 16,100ADT1 31,100 ADT 1(LOS°"D") Existing Land Use 2-527 ADT; 110 PM Peak Hour Trips Princess Anne Road 29,600 ADT1 39,700 ADTl Proposed Land Use 3-2,408; 195 PM Peak Hour Trips 'Average Daily Trips 2 as defined by a 5,250 3 as defined by a fuel station with 14 4 LOS=Level of Service 5 PM=Afternoon Peak square-foot bank with a fuel pumps Hour trips drive thru Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road adjacent to the site is an access controlled four-lane divided suburban major arterial. Nimmo Parkway adjacent to the site is a four-lane divided suburban major arterial that currently terminates at Princess Anne Road. There are no CIP projects planned for either roadway in the vicinity of this site. Public Utility Impacts Water The site is currently connected to City water. Sewer The site is currently connected to City sanitary sewer via an onsite private sanitary sewer system. Public Outreach Information Planning Commission • The applicant submitted an application for a Certificate of Appropriateness for this project and received a Certificate of Appropriateness from the Historical Review Board on August 17, 2022. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 8 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 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 December 9, 2022. Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 &6 Page 9 Proposed Site Layout _ _--,ir'r , - f ---............„.„.„ ONE et !1i' -ail 21 t�1.O61i k! a �s��- VENT STACK'S -'. & ' It" tom P' y 1 18.000 DUAL VERIZONEXISTING fSEMENT10' (1)28,000 DUAL , ( ) COMPARTMENT COMPARTMENT FUEL TANK FUEL TANK PROPERTY (UNLEADED& (DIESEL&E-85) LINE PREMIUM) EXISTING 15' PROPOSED - — rVEPCOEASEMENT FULL ACCESS Res a __- _p DUMPSTER ENCLOSURE 0 �, I Alit > R 2 5.0' , 0: R100' 1 b N4;:r 0 • I Z O w R250' • i EXISTING 15' I L rg g g g I VEPCO EASEMENT 10 I � I °Lij , 250'r •• • I I_255.0' ' TAN OPANE • f ♦ i EXISTING 20' 1 PRIVATE I 0 UTILITY :-- 240 SF KIOSK %, PROPOSED o EASEMENT b h CROSS ACCESS �_ _ 5 r' 35'FRONT YARD- - - a .-- I 95' E4 - _- _ J AIRNAC 81 - - -PROPERTY LINE EXISTING SIGN YARD HYDRANT I r ▪ EXISTING ED • BRICK WALL MONUMENT SIGN NIMMO PARKWAY E a 0 0 v ° GRAPHIC SCALE IN FEET o O,A 0 25 50 100 Iiiimil 0. . ° m KimIev> HornN HARRIS TEETER FUEL CENTER Kp PROJECT5640204 n 200 SOUTH TRY ,SUITE 200 #239 COURTHOUSE MARKETPLACE CHARLOTTE,NORTH CAROLINA 28202 SP-1A VIRGINIA BEACH, VIRGINIA PHONE:(704)333-5131 DATE 07/07/2022 NIS DOCumENT,7U A fl MTH THE CONCEPTS AID DE9Gw5 PRESENTED WIN N,AS MI IMSIHUNENT OF SERVICE IS MTEHOED ONLY FOR THE SPEaFIC PURPOSE AND WENT FM WHICH FT RIAS PREFARED. 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U ,,,,,, „..., 7 ly Q .5 LANDSCAPING ALONG NIMMO PARKWAY m TO MATCH EXISTING CONDITIONS NIMMO PARKWAY 5 I 1 3 L 0 U a 0 °o SCALE 1"=50'-0' IIIIIIIIIMINI O 0 10' 25 50 10C ? 1 I a i'D KimIev )HornN HARRIS TEETER FUEL CENTER Kp 20PROJECT ° 200 SOUTH TRY ,SUITE 200 #239 COURTHOUSE MARKETPLACE =1 CHARLOTTE.NORTH CAROLINA 28202 EX-1 - PHONE (704)333-5131 VIRGINIA BEACH, VIRGINIA DATE:07/07t2022 THIS 0001YEN1,T07THEA WTH THE CONQP TS AND DESIGNS PRESENTED NEAEN.AS AN INSTILMENT OA SEANCE,IS WENDED ONLY FOR THE SPECIFIC PURPOSE AND CUAAI FOR IHICH IT WAS PREPARED REUSE OF AND AIPROPER RE.UANES ON THIS DOOJYENT NTHOJT MNTIEN IWTMORQATR)I AND ADAPTATION BY KUILEY-NORM MID ASSOQATES,INC SMALL 6E MTNOUT UIIIIUTY TO Ka1LEY-HORN AND ASSOOATES,NO Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 14 Dumpster Enclosure Rendering .. , i . . = 9 . , ' 1 ,k 4191414 r --•141v . •• _Z ,:-iriwe'• - . i r- . - . 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LJ iN11111117- ----' '2• (Si.wo-rrdlrttae. �r o.s triune mow HT N2N2 Fuel Crag L��` a J'T \1 f Nan vier w HT Lap !l� T mo-na HT Gan ii. 2471 lbw Palm 4—Rrewl4 to be In h• 1,111*DNQM81411 hem maim , At Drawn I- A2v.n(_)M. a si DP�rM)MN v.Wells YN W I Weis* i LE➢ aY1f i Preliminary Design iti •s2u7o milts 1y4..r4r Harris Teeter ! nee¢I+MLOWBlatep.q.Main SatInddui(dipbIa parlay Pal plum -..-..-.-- Date: ad al)theq PIMar eleven;le. 07fl5/2022 lieges ern mmbmp aeAAt l lTl On trail pegbrea eMPl aeiasera al.taw-ink. =awm.k.mr try/-Nl ap Revision' NI ssaewvr!.11-,lac a aK.VOvr M7♦l.a Magi a..N..G-NO rev 4' I - 4.5*z7'E usrn Racway va.saw.e nay,•aa..l.a.awimp IS nowise on cop a4 In mo•nom 130t. Customer Approval WertMOe INm./.cran p tMr.e•noma ,ewnsa awearra.4 ogre. , ,u m s Trzm[a , Lairteedlsmbea S r,Is-s/oa O. er oneaea—� , own!MOsa(-040•Min 14'rieWl Si 3mm ACM Wks)returns*kid*hack Face is 3/10 2447 �k Check by write acrylic','deck tax hen-Run reran vk D. 4 Tuo[re IC PAIN= Barnum Luna while Lis powered by power gupety Oulapr geRFOIC M DI Irrwrt nrOmMawm Man,d ~ , r it r steel tube mR.�>w leralld n acewy.All wiring is Lk rrppr0ved CIIKOGW4 h ono ry.. provided„a MCG78e ....e.... t ...,....1..... hi Pa i�'!en rrarr,.Na a;Y'•.>,mr;m:art.v ncm.ap iRA.0 s ea Pen bin na.p.Caa.e s w.,/•' Mr� ........ lab: n.,,, :u7PI.:La,-prrtted L,MCG_. 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I wwra id..Y.� man LW wh m IFDa powered by power supply bgeed n Nair Saba. a.wa.aa.aa.. weeny.All wimp is UL approved SCO C{A - signs rig a=� w� �.. - Lego m. a.cc:<SS1xr';eaoiiC1nzwainwd rrl.7 : .:L2,2 prAcfCcMca= .e.nr .r...d Page 3ofS 12' rr__11.75 Customer HT N238 Fri Caster , 0917 alumun palmed Green �c• Y� 'C T Yi deck WI SintIrnr diet — 3471 Mimi.Adammounted Soh to aluminum. .08Q' • i !1'.4, e rpNie Brack VA 2546E �_— folded lib erkhColima• ' , a Died KeaypnrlkdW coeditYi Drawn;l► (outdoor gloss).Sutra&Seto be =PI .-----=1 LIT cut out on Eska cruderT'P Oar Ye track Sartre painted bled �. DUUI'a20M!1t mourned flush b Sinn Esc. Revkbrt — bided aluminum tab Taywn •SW rip win 3'16' I 0 1C) 0 ..r. li Rd"" meekisd mastic)holm II OM 10 motto Wok. a K) C)i 0 Cy. .. Custom Date: O0 4©(14)WVka mom(Moose Ear Style)Pump l0 8.1es �5 �a Sala:1 1/2._1 b a 10 o O.kW. C9�000 1 Design: Check ®® Mandedu2 E.nstaa aluminum pump ID sign(mouse ears) C.Oeerttkper Mouse ems to have d maniere!trite inner disc smear 7 ' $ $ ; background tri erect Drhted notice on lace W coded - T•saatr,w.pow,a outdoor gloss Dimensional suma numbers(aimed dad 11 .t POP.u..r a.r.lmec a.vmwn mamma.a CelsMetNl® 0 10 0 I .er.umek•eaa arty i q ............h Wes Mil PM S 3415 C(gloss)-.0e0'panel atom alla.tl M M. MfitsSldn-ime disc backgroundKDS 0 13 0 Ma 1.�ryo.al a I .ov^.•e u.r 4 km. MN Black(glom)-numbers Drnnrptype Wes 9Y134%rpm ).masers=:eantopar I t ks PMS 1385 C Brown 50%(pried viral)-HT loGc I® 0 4 14 PIS 2718 C Blue 50%(printed viral)-i T)opt casco P7t1S 3415 C Green 50%(plied vinyl)-HT kr c IWa A Mel Moe A Bide B signs PteS 11(5 C Red 50%(primed vinyl-HT logo ,eelL W 0' nr n�p�. pie bin Page 4dS Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5&6 Page 16 -t O 0 VI O 0 g 0 Z i' (1)D/F NOtFlwumlaated Vertical Freestanding Sign(Per Local Ordinances) L., Reid Side Bulling/Property rD ►�� O Seely a/8 1-0 TOIRL 80.8 tq.iL Ste and design et sign is be preliminary drawerg purposes 1.2 89 erltrwL 1ST Orel "4 Color Specs: and may change*hey.Must stay wain wing Re 13e5 c V...inui-HT Pe ta]3ReR73 nk.F ee ley-Mo.hot restrictions and review board 9uldelklea. 1.359 DIILe. 411.41P (• Customer. .._ IIIIII nst7teC She(prey-HTL,c 3e3O59DeeBlainstep-Emreara NT*239 Fuel Center . ON rlhe art 5 c Weal(pawl-Id ono ' "Trene.led.Green Nee•Pere Nee SkyAne to m miasmal pone enhm po CNN*: EIS/sue we n wee Wool-HT sign nee, inckrdn;g unleaded&Mese/parro[Casco wre In wrcL W.)•e ur cenLwt reht•e•m a tees have to make Mond Free/aces and graphics. 2475 Nlmmo Parkway MT mend evils ent t e See Jell with any doeskins Virginia Beach,VA 23456 Building I Property Reed Side Side 8 __.__ ___._.> Sale:3/I6"=1'•0' Drawing if 152'Daft r 323570 J T 4ti cabinet 36"base be closest to rod Date: 73'HT cabinet 73'pricer cabinet -- 28' 07I05/2022 38 5.- ' I-36.5 a_-- cabinet Revisor: n ♦3 t I : HT Fuel . g 0 I S 7 UNLEADED a D/F 28'deep Non-Lighted cabinet fabricated w1 -ace ° w .090"faces,.090'skins&Intarnal angle framing. t V.her rrpar e r q Customer Approval: d�It n • Top 8 returns painted black.Aluminum faces,painted white re es retire Wu =-- 3 b g with routed out',4"Hard PVC logo Copy S loon 3t if s in a.L her C pata7 licliiJ DIESEL1 3 5 painted HT colors as specified. (D e I D/F 28"deep Skyline 14'Scrol ing Digits Cabinet. E Sales: 1 g Digits to be back to back D.MarthaE85/SOLD HERE NO,NttN:vA: t on^aru;i,cr. - Fuel product panels to be 3/16'clear poycartl 7- Design Check by- 1_I.4-_._i 1_1..i_ (D 0.Doerlllrger wr 2nd surface vinei manhics r* Brick base go match building)'rev r1ny,n "0 this cove'see rroveriy a ch' an lerasgm ' C cASco sleds,Inc we remains 3" 3' 3' ) 3' C7 our propels we sign is purchased Side A r ail: i; a,-., End New (D aq m,Trct,o mpmdu.e>rw design or use tar Vera for w e V) pupa.,whom wmmn consent a Sit 1, t t 158 . t 42' r--F sugeM to praeatter to the sees a) extol aeowed by lew. �_�___ 1 12Dv f*Cllk p Ali components a Instillations se •• 5 583 O.D.Sch.40 Plpe to per Ground lighting. = Weed a heed M!It"Id01t�` Primary Electrical , - board Conduit Skyline flipper 4-..—AugerHole Concrete footing (City 4.(2)per side of sign)o Drawing Type. n Sales �111)120v 20amp circuits/service ��+� 73"do steel 2 cco °J o N• I n e e,, d I 74' 1— 24" ---II 24' ---I Page 5 of 9 (D > CD tin '-' m 0 at 3 rD CD - 2 a v N Oro (xi c) CD I- r N I- v a n Site Photos iii--siiiiiiiiiiiiiiiiii .--. . - _r--- Y-• ./.... , _. - ,. •. . , -- -- ..,_•.; -,,,, - :—..:,, -.- - --... .-.. •- —____, 3- -------,. • ... i ' 1111111 ' . . ., ic.—41 11.... • -- -- —_------- ...... .,.--,gz‘4_-- 111110111111111w— -- , -. .._._,„., . ,. ... .., i 7 , ...:,- - .......-- ,_..._ ___ . ..... - --i--,-.--:---_-- , , WI v ,-p, - - A , .. rinims.-•- .._ ,.. ill a 41irlit• j " 111; ''' L-x.41,1110W ' ....--- -: -- _. ----.7- _ --___ _ 1 -_- . - -C, - , -..,--, ',-,-,:-.,:,-,"..7,-,."_,;.=.;:',:::,;V:.:-..7::."--- '1::`fi.':':-`,"q---,.4°,;"fl!'.,,. ,•?.."'.--..,..,.-,".5. -.' :._, ' ',- , ' -`- k:';',-; ",•j--:f3'I''K''''':.4-4:142-1:_„ 4-. ,-tf... . ? 1,,-.-- Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 18 Site Photos sgir- hr • r , API •., .•� • f S Mit •.� _ .. a •,. _ .. `1,•K a..' .l, .. .. 4 .. Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 19 Disclosure Statement Disclosure Statement Ca!,nJ/'mnna Bm;fi 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 Harris Teeter Properties,LLC Does the applicant have a representative? ■Yes ❑ No • if yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See Attached • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See Attached "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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 09.2J_ 1 I Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 20 Disclosure Statement ACTION BY UNANIMOUS WRITTEN CONSENT OF TEE MANAGERS OF IMAMS TEETER PROPERTIES,LLC ieh iiiy i;&a 4 The undersigned,being all of the Managers of Harris Teeter Properties,LLC,a North Carolina Limited Liability Company (the "Company"), hereby consent to and adopt the following resolutions in writing as of the date written above: • RESOLVED,That Rodney C.Antolock is hereby removed from the office of Vice President of the Company;and further • RESOLVED,That Tammy DeBoer is hereby elected to the office of Vice President of the Company,to serve until her successor is duly elected and qualified;and further RESOLVED,That the current officers of the Company are listed below, incorporating the change(s)referenced above: Scott K.Nations -Presiderrt Christine S.Wheatley -Vice President and Secretary ( Carla L.Pike -Vice President and Treasurer Tammy DeBoer -Vice President Rick J.Landrum -Vice President Taryn G.Mecia -Vice President andAssistant Secretary Jacob Phares -Vice President • Dorothy D.Roberts Assistant"e4retapi Joseph W.Bradley &ssistali Tr. ,y x Tammy DeBoer Rick J. . • - Scott K.Nations • • Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 21 Disclosure Statement ACTION BY UNANIMOUS WRITTEN CONSENT OF THE MANAGERS OF HARRIS TEETER PROPERTIES,LLC February 1,2022 The undersigned,being all of the Managers of Harris Teeter Properties,LLC,a North Carolina Limited Liability Company (the "Company"), hereby consent to and adopt the following resolutions in writing as of the date written above: RESOLVED,That Rodney C.Autolock is hereby removed from the office of Vice President of the Company;and further RESOLVED,That Tammy DeBoer is hereby elected to the office of Vice President of the Company, to serve until her successor is duly elected and qualified;and further RESOLVED,That the current officers of the Company are Iisted below, incorporating the change(s)referenced above: Scott K.Nations -President Christine S.Wheatley -Vice President and Secretary I'. Carin L.like -Vice President and Treasurer Tammy DeBoer -Vice President Rick J.Landrum -Vice President Taryn G.Mecia -Vice President and Assistant Secretary Jacob Phares -Vice President Dorothy D.Roberts -Assistant Secretary Joseph W.Bradley -Assistant Treasurer Ta eB er Rick J.i ai drum Scott K.Nations • Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 22 Disclosure Statement ACTION BY WRITTEN CONSENT t OF ERE SOLE MEMBER OF HARRIS TEETER PROPERTIES,LLC February 1,2022 The undersigned,being the sole Member of Harris Teeter Properties,LLC,a North Carolina limited liability company(the"Company"),hereby consents to and adopts the following resolutions in writing as of the date written above: RESOLVED,That Rodney C.Antolock is hereby removed from the position of Manager of the Company,and further RESOLVED,That Tammy DeBoer is hereby elected to the position of Manager of the Company; and further RESOLVED,That the current Managers of the Company are listed below,incorporating the change referenced above: Tammy DeBocr Rick 7.Landrum Scott K.Nations HARRIS TEETER,LLC a North Carolina limited liability company sole Member of Harris Teeter Properties,LLC By. Christine S.Wheatley Vice President and Seer tary Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 23 Disclosure Statement Ansonborough Square Investors 1, L1.0 Ansonborough Squarc Retail,I I C Ardrcy KcII Invcs:mcnth,I.1.0 Creedmoor Retail,LLC C'.arrboro Rctai:,LLC Fuquay Investors 1,LI,C HTBcrcwick,LLC HT Carnes,LLC HT Carolina Colours,LLC HT HT-Cary Park#1,LLC HT Denver,LLC HT Fuel DE,LLC HT Forestville,TIC HT Fuel NC,LLC HT Fuel SC,LLC 11T Fuel VA,LLC IIT Hawfield,LLC 11T Johns Island,LLC I1T-Palisades,LI,C HT Fuel MI),I.I.0 HI Fuel NC,LLC HT Fuel SC IIT Fuel VA,LLC HTGRD,LLC HTP Bluffton,LLC HTP Plaza,LLC HTP Relo,LLC Latta Vi:lagc,LLC HTPS,LLC Mineral Springs Associates#1,1.LC Ponds Retail Partners,LLC I'urccllvitle Gateway holdings,LLC Rocky River Associates#I,LLC MTC Investors LLC RTS investors il,LI.0 RTS Investors,LLC Southpoint Associates 01,LLC HTTAH,LLC Taylortown Retail,LLC ITAC 119,LLC Woodmont of Greensboro,LLC Harris Teeter Supermarkets,Inc. HIPS,LLC ITAC 265,LLC Kirkpatrick West Retail,LLC Matthews Property I,LLC Stallings Investors I,LI.0 Woodmon:Holdings,LLC Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 24 Disclosure Statement Disclosure Statement City of Vim,.B.mn Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach t-ave an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property- ❑Yes •No • if yes,identify the financial institutions providing the service 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U 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,U Yes ❑No • If yes,identify the firm and individual providing the service. Kimley-Horn Associates Joey Racer 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 Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 25 Disclosure Statement Disclosure Statement N/13 Cary rj'irivw;ltoah Planning&Community ..• DeveIopment 6. Does the applicart 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 sery ce. 7 Does the applicant have an engineer/surveyor/agent n correction with the subject of the aoplicat on or any bus'less operating or to be operated on the property?■Yes 0 No • 'f yes,identify the firm and individual providing the service Kimsey-Horn Associates-Joey Racer B. Is the appl cart rece ving legal services n connection with the subject of the application or any business operating or to be operated on the property?t Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature certify that all of the information conta ned in this Disclosure Statement Form is complete,true,and accurate. I urderstand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two roks,Tirior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or comm*t ein onnection_with this application. Har-is Teeter Propert By: Applicant,gni L_ n t, 7 • ',ten t nrtY4c ----�1G� Print Name and Title Date,: Is the applicant also the owner of the subject property? ❑Yes I No • If yes,you do rot need to fill out the owner disclosure statemert. 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 XNo changes as of Darn 11/22/2022 signature , JBG Print Name Elieth Nowak 3IPagc Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 26 Disclosure Statement Disclosure Statement city of i'in o',c li o h Planning&Community Development - Owner Disclosure Owner Name Courthouse Marketplace Station,LLC Applicant Name Harris Teeter Properties,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sole Member-Phillips Edison Grocery Center Operating Partnership I,L.P.;General Partner of same-Phillips Edison Grocery Center OP GP LLC;Officers of same Robert F.Myers,COO,John Caulfield,CFO and EVP,Joe Schlosser,SVP • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Phillips Edison&Company,Ltd.Management Agent Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • if yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101 Revised 11.GL'.1ut,; 5 I Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 27 Disclosure Statement 00H Disclosure Statement 143 City cJ t 5ryrnrcz liaxn 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 Guardian Life Insurance Company 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 III No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes i No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ■No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • 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. Revised i i 09.2020 6 Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 28 Disclosure Statement Disclosure Statement ctry coim:nad. Planning&Communi .. 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? ■YesE No • If yes,identify the firm and individual providing legal the service R.Edward Bourdon,Jr.Esq.,Sykes,Bourdon,Ahren&Levy P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. TOWN&COUNTRY NOBLESVILLE STATION LLC, a Delaware limited liability company By: Phillips Edison Grocery Center Operating Partnership 1 L.P.,a Delaware limited partnership,its sole member By: Phillips Edison Grocery Center OP GP I LLC, a Delaware limited liability company,its General Partner Name*. for Schbsser.Vi,,r i'rrsidcnt Title: Relined 09181U?1 71Page Disclosure Statement Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 29 • Disclosure Statement City ofVoyinio Bead) Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Narne Courthouse Marketplace Station LLC Does the applicant have a representative? S Yes D 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?In Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sole Member-Phillips Edison Grocery Center Operating Partnership I,L.P.;General Partner of same-Phillips Edison Grocery Center OP GP LLC;Officers of same Robert F.Myers,COO,John Caulfield,CFO and EVP,Joe Schlosser,Senior Vice President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Phillips Edison&Company,Ltd.,Management Agent '"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 Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 30 Disclosure Statement Disclosure Statement N/13 1. City of virgin;u Niud: Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated or the property? i Yes ❑ No • If yes,identify the financial institutions providing the service. Guardian Life Insurance Company 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 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 busiress operating or to be operated on the property?I Yes ❑ No • If yes,identify the firm and individual providing the service. Joey Racer,Kimley-Horn Associates 5. Is there any other pending or proposed purchaser of the subject property?❑Yes II No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 31 Disclosure Statement Disclosure Statement city orvovt-,a�r 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 U 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?NI Yes ❑ No • It yes,identify the firm and individual providing the service. Joey Racer,Kimley-Horn Associates 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑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. COURTHOUSE MARKETPLACE STATION LLC,a Delaware limited liability company,By:Phillips Edison Grocery Center Operating Partnership I,L.P.,a Delaware limited partnership,its sole member;By:Phillips Edison Grocery Center OP GP I LLC,a Delaware limited liability company,its General Pa er Applicant Signature fi Print Name and Title 1Oe Schlosser,Senior Vice President September$2022 Date Is the applicant also the owner of the subject property? U Yes ❑No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/An disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as or Date 11/22/2022 S'tnaturc [ BC lPrint Na,. _ t. zabeth Nowak Revised 11 092020 3 I P F: Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 32 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. Courthouse Marketplace Station, LLC& Harris Teeter Properties, LLC Agenda Items 5 & 6 Page 33 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS COURTHOUSE MARKETPLACE STATION, LLC,a Delaware limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of September, 2022, by and between COURTHOUSE MARKETPLACE STATION, LLC, a Delaware limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of land which is hereinafter referred to as the "Property"located in District 2,formerly the Princess Anne District of the City of Virginia Beach,Virginia,containing approximately 43,362 square feet located at the northeast corner of the intersection of Nimmo Parkway and George Mason Drive. The Property is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify a condition to the Zoning Classification applicable to the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously Proffered Covenants,Restrictions and Conditions dated June 1,2003 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 2004407120106393 (hereinafter"2004 Proffers"),to reflect an amendment applicable to the uses permittable on the Property; and GPIN: 1494-63-2180-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,with the exception of one (1) modification to proffer numbered "5" and one (1) modification to proffer numbered"4"in the 2004 proffers applicable to the Property,it is the Grantor's intent to affirm all of the covenants, restrictions and conditions set forth in the 2004 • Proffers; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which, along with the unchanged covenants,conditions and restrictions set forth in the 2004 Proffers shall restrict and govern the physical development, operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered "4" as contained in the 2004 Proffers is hereby deleted in its entirety and replaced with the following with respect to the Property as herein described: 2 4. When the Property, which was formerly designated "Outparcel 5" on the Proffered Site Plans under Proffer numbered 1 of the 2004 Proffers, is redeveloped, no internally illuminated, building mounted signage will be permitted. The only freestanding sign permitted on the Property shall not be illuminated and shall be located along the Property's frontage on Nimmo Parkway. The sign shall have the brick base, dimensions and height as depicted and described on that exhibit entitled "HT#259 Fuel Center 2476 Nimmo Parkway Virginia Beach,VA 23456"dated 07/05/2022,prepared by Casco Signs Incorporated which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development ("Freestanding Sign Details"). 2. Proffer numbered "5" as contained in the 2004 Proffers is hereby deleted in its entirety and replaced with the following with respect to the Property as herein described: 5. The following uses shall not be permitted on the Property, formerly designated "Outparcel 5" on the Proffered Site Plans under Proffer numbered 1 of the 2004 Proffers: automobile repair facilities,bingo halls,carwash facilities,flea markets,heliports, and helistops, mini-warehouses, motorhome sales, and motor vehicle sales and rentals. 3. Except for the modification by replacement of Proffers numbered "4" and "5" applicable to the Property as herein described, the remaining proffered covenants, restrictions and conditions as set forth in the 2004 Proffers are hereby ratified and affirmed. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing 3 before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: COURTHOUSE MARKETPLACE STATION LLC, a Delaware limited liability company By: Phillips Edison Grocery Center Operating Partnership I, L.P.,a Delaware limited partnership, sole member By: Phillips Edis 1 i ocery Center OP GPI LLC, a Delawar it d liability company,its general partner By:__ Joe Schl ss r,Senior Vice President STATE OF OHIO ) ss: COUNTY HAMILTON) The foregoing instrument was acknowledged before me this t' day of September, 2022, by Joe Schlosser, Senior Vice President of Phillips Edison Grocery Center OP GP I, LLC, a Delaware limited liability company, the General Partner of Phillips Edison Grocery Center Operating Partnership I, L.P., a Delaware limited partnership, the sole member of Courthouse Marketplace Station LLC, a Delaware limited liability company, on behalf of said companies. Oki-j'I't'ec- iler2Ve Notary Public /az.,"\\I/V.(0 r ; BARBARA HOOD * i* Notary Public,State of Ohio � '�' ,,.,� ;,�; -�:-di My Commission Expires "J ,:,: August 5,2023 cS' ' : O 5 EXHIBIT "A" All that certain tract,piece or parcel of land,situate,lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Parcel 6" as shown on that certain subdivision plat entitled "SUBDIVISION PLAT OF PARCEL A COURTHOUSE MARKETPLACE INSTRUMENT 200412220199793 VIRGINIA BEACH, VIRGINIA", dated 9/14/05, made by Engineering Services, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20060202000188730. GPIN: 1494-63-2180-0000 H:\AM\—Mod of Proffers\Courthouse Marketplace Station\lst Amendment to Proffers_redlined 10-05-2022.docx 6 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Items # 5 & 6 Harris Teeter Properties, LLC & Courthouse Marketplace Station, LLC (Applicants) Courthouse Marketplace Station, LLC (Property Owner) Modification of Proffers Conditional Use Permit (Automobile Service Station) Address: 2500 Nimmo Parkway RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Mr. Chairman, our last agenda item, if we're ready to move on, are agenda items 5 and 6, Harris Teeter Properties and Courthouse Marketplace Station, LLC,which are applications for a Modification of Proffers and a Conditional Use Permit for an Automobile Service Station at 2500 Nimmo Parkway in Council District 2, formerly the Princess Anne District. Mr. Bourdon: Mr. Chairman for the record, Eddie Bourdon, Virginia Beach attorney representing Harris Teeter. With me today are Garrett Marovitz, who's the regional real estate manager for Harris Teeter, and Joey Racer, who is a civil engineer with Kimley- Horn, who are the civil engineers on this project, and so I don't forget, I want to thank Elizabeth for all of her hard work on this application through the Historic Review Board, as well as up to today. If I could, is there someone who is here in opposition? Madam Clerk: We have one speaker via WebEx. Mr. Bourdon: So, as you all are familiar with this from the briefing you had this morning, I'll start with just an editorial comment. Our Zoning Ordinance is about to be 50 years old, 1973. Now we've made a lot of changes, additions, what have you, but our definitions, i.e., service stations? Now I'm old enough, I remember when we had service stations on all the corners, okay, and this is a good thing that as a community and as a country for that matter, have progressed. We don't have service stations anymore. We have places where people get their car repaired that aren't on every street corner. We have convenience stores with fuel service, and we have grocers with fuel service. This is not a service station. I'm sorry, but that's the word we have in our Zoning Ordinance, and somewhere along the line, it would be helpful if that changed, because I can't remember the last time, I don't know that I've ever done a service station use permit. I may have, but it's been 30 plus years ago. This project is as you all know replacing, redeveloping a bank site on this property. I had the privilege of rezoning this property in 2003 for Armada Hoffler was a part of the whole shopping center, and, as Elizabeth pointed out this morning, I also had the privilege of modifying the proffer agreement provision that we're requesting to modify today for Wawa, who was going to build on an out parcel created, at that the time. There were no out parcels when we did the zoning on the property, and then Wawa, kind of went in hibernation for a few years, and Armada Hoffler sold the 7-Eleven, and they came in and modified it again, but that was just for their plan. But this proffer we've asked to modify, has been modified previously; in addition to that, the out parcels along Princess Anne Road, have been modified in their zoning and entirely, and that's why the condos are going up there now because there was not enough retail demand down here for all that retail space that was envisioned with this rezoning, and the proffers are a part of the zoning district of the property. So, all we're doing with the zoning district is we're changing the same thing, eliminating service station only from this property, not from all the properties, which is why we didn't do that, and back when the Wawa application came forward. So, this property will have no direct access from Nimmo Parkway, it will remained heavily landscaped and heavily screened. The conditions that are recommended by Staff are all acceptable. The 10th one is not, and you all knew that. We have vending cabinets, and sorry, I don't have pictures to hand out everyone, but I'll pass these out of if I can use them. The vending machines, again, showing my age like the gas station, or the service station, I should say, these are cabinets which people open like you're in the grocery store, and pick out a drink or what have you, and then pay for it at the kiosk. It's not a vending machine that you put cash into. It's not your, you know, not our parents' vending machines, and all that you see from the road is the black case. It faces inward to the shopping center. And so that's the only issue before us, and my clients, I've talked to them, I heard what y'all had to say in the informal about the Sandbridge gas service for Harris Teeter, and having the cabinets placed in a brick structure around them to buffer them, and we are willing to do that, my client is willing to do that. The smaller case that has the propane, couple of propane tanks that Elizabeth mentioned this morning, that, because the bollards to protect, it would be screened totally with landscaping, as opposed to brick, it sits out next to the shopping center part of the parking lot, but we would agree to those conditions that we screen that small case, which is very, very small, totally with landscaping, other than the opening that faces in inward to the site, to the parking lot, and the other cases and you've seen them by now, hopefully they've come around, we would screen with brick, and that I'm confident that that will satisfy the Historic Review Board as Elizabeth said this morning as well, and with that, if you want to add some conditions to that effect, we're amenable to those. Lastly, I'll go ahead and address the letter that you all received that I saw this morning for the first time from Mr. Glazer, and I'll give you my two cents and I'm not trying to be the city attorney here, but proffers are a part of the zoning of the property that are created by City Council. The parties to the proffers are the owner of the property and the City Council. Proffers are not private deed restrictions. No property owner who buys a property years later has any right to veto any change to the zoning district any more than you or I do if our neighbor wants to come in and, you know, change zoning on his property. The 7-Eleven built has no exclusive within the shopping center for gasoline sales whatsoever. The gentleman who wrote the letter apparently purchased the property, the ground underneath, 7- Eleven has got a long-term lease. Due Diligence would say you read your lease; they don't have an exclusive no way shape or form, do they. On the other hand, Harris Teeter had a height limitation, and that's why the condos that are out here on Princess Anne Road are not 35 feet wide, but are 28, and that's the way we had them rezoned because they had that in their lease; but the idea that some individual buying a piece of dirt later, one that's had the same proffer modified, could somehow have veto power if they don't agree: that isn't the law at all, and think that's the gentleman's proposal or his suggestion, and just it doesn't have any basis whatsoever. I will be happy to answer any questions. Mr. Wall: Are there any questions for Mr. Bourdon? Thank you. Madam Clerk: Mr. Chairman, we have one speaker who is via WebEx, Steve Glazer. Mr. Glazer, just a reminder on speaker policy, speakers have three minutes. We are going to un-mute you, please state your name and then begin your comments. Mr. Glazer: Hi, my name is Steve Glazer, can I join via video as well or just by verbally? Madam Clerk: Verbally. Mr. Glazer: I apologize for not being there in person, but regrettably, my mom recently passed away and I find myself in South Florida getting ready for a hurricane here and putting her affairs in order. I did write this letter of objection, and I believe that you've all seen it, and the basis of my objection is not a matter of whether it is a good idea or a bad idea to have an additional service station here or a fuel station here, but simply the fact that as a matter of contract law, I am an indispensable party and I have not been added as a party, and I disagree with Mr. Bourdon, believe that his name is and in first year contract law., one knows that all parties to a contract must be available and join in any amendment to that contract. This is not a zoning issue or a land use issue.You certainly are free to rezone my property, you are free to give conditional use permits, but a proffer is a private contract, not a zoning document, it's a private contract that voluntarily is entered into and expressly states that it's voluntarily entered into by the owners of certain properties. At the time, there were three separate owners in the City of Virginia Beach. Now that agreement voluntarily entered into was memorialized by a written contract, which is the proffer agreement, and that agreement was recorded among the land records, and it encumbers the property that I bought. It encumbers the shopping center, and it also encumbers the property, which is the subject of today's hearing in this application; and I submit that there is no unilateral ability to amend a private contract without all of the parties to that contract. Now you can rezone the property, you can rezone it to permit gas stations, service stations, you can rezone it to do whatever you want, but even if you do so there is a valid and enforceable private contract that exists and encumbers this property and says that there shall not be bingo parlors or shall not be service stations. I think we all know what a service station is whether they provide the additional services that sells fuel and this is what is intended to be here, and my objection is that I am a necessary and indispensable party, and that document, I'm not objecting, in fact, I think it's wrong, but if you want to give a Conditional Use Permit, I suppose you can do so that's within your right, but I do not believe that this body or the City Council has the right without my joinder to amend the contract. Madam Clerk: There are no more speakers Mr. Chairman. Mr. Wall: Thank you. I guess that was three minutes? Madam Clerk: Yes, that was three minutes Mr. Wall: Mr. Bourdon, would you like to come up? Mr. Weiner: I have a question for the speaker of staff for Ms. Wilson, what he said, is there any truth to that or? Ms. Wilson: A proffer agreement is not a contract. That's not how it's governed in Virginia. don't know where Mr. Glazer is a lawyer, but it's not considered that way in Virginia, and even if we want to take Mr. Glazer's take, then you have no authority to deal with it, because it's a private legal matter between those people. Not that I agree with that. I think it is a proffer and he does not have to be included. However, if we take his argument, you have nothing to do with that, and you can just move forward. Mr. Wall: Are there any questions for Mr. Glazer? Okay. With that Mr. Bourdon? Mr. Bourdon: Just ever so quickly. There are private deed restrictions placed on the entirety of the shopping center by the owner who developed the shopping center. Okay, that is enforceable. If someone were to put in their private deed restrictions, something that gave every owner the ability to approve this, that or the other thing, that would be enforceable as a contract. This is a proffer agreement between the owner of the property at the time that becomes a part of the zoning district, and that is the jurisdiction of the City Council, of the governing body. At no point did the City of Virginia Beach give up its zoning authority to anybody who comes along later and buys a piece of property that they can tell somebody what they can and can't do with theirs as far as usurping the City's zoning authority. His argument, I guess, would be if we came forward, instead of modifying the proffer and said, we want to just rezone it to straight B-2, without any proffers and get a use permit, that'd be okay. Since it doesn't make any sense from a zoning and land use standpoint, and it certainly doesn't make sense from a contract standpoint. Thank you. Mr. Wall: Are there any questions for Mr. Bourdon? Mr. Weiner: Mr. Bourdon, I know you said that you had no problem with modifying the enclosures around the machines and your clients don't so we're good if we modify that condition. Mr. Bourdon: Yes, Harris Teeter will agree that the vending cabinets will be enclosed on three sides with brick. And the one that is not by the kiosk that is just a small one that's for propane, it's shown on the plan, that one will be landscaped all around. Mr. Wall: Okay, thank you. Anybody else? Okay, I'm going close it up into discussion among the Planning Commissioners. Would anybody like to lead off? Mr. Weiner: To Staff: how would you word that on Condition 10? Take that completely away or is it up to us to come up with the wording? Mr. Tajan: I have taken the liberty to try to put some words together for the condition at the direction of the Commission. Mr. Weiner and Mr. Chair, if it's okay for me to propose a condition for that. Mr. Wall: Please do that would be amended condition number 10. Mr. Tajan: As amended, condition number 10 would read "other vending machines or merchandise display shall be screened from view from Nimmo Parkway by brick enclosure or landscaping as approved by the Director of Planning." It's good with me. Mr. Wall: It is good with me. Commission: That is fine with us. Mr. Wall: Thank you. Anybody else? I'm fine with this application. I have no objections to it, and I appreciate. Mr.Weiner,you know, I just went through the Historic Courthouse District Review Committee, and they approved it. I prefer not to have outdoor vending machines, but I think you need to mitigate that, and we've also approved recently one off of Princess Anne and South Plaza and that theme and with the mitigation of the brick screening up on this application, it is acceptable. Mr. Weiner: Mr. Chairman, I move approval of items 5 and 6 with the modification to condition number 10. Mr. Wall Okay, so we have motion by Mr. Weiner, and a second by Mr. Bradley. Are there any abstentions? Madam Clerk: Vote is open. By a vote of 8 and 0, agenda items 5 and 6 have been recommend for approval with condition 10 as amended. Mr. Wall: Thank you very much. Hope everybody has a nice Thanksgiving. So Madam Clerk, that was the last agenda item? Madam Clerk: Yes. Mr. Wall: Thank you all for participating in today's planning commission hearing. The meeting is adjourned. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz Bradley AYE Clemons AYE Coston Cuellar AYE Frankenfield AYE Horsley AYE Oliver Redmond AYE Wall AYE Weiner AYE PROFFERS The following are modifications to proffers submitted by the applicant that were approved 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. 1. Proffer numbered "4" as contained in the 2004 Proffers is hereby deleted in its entirety and replaced with the following with respect to the Property as herein described: 4. When the Property, which was formerly designated "Outparcel 5" on the Proffered Site Plans under Proffer numbered 1 of the 2004 Proffers, is redeveloped, no internally illuminated, building mounted signage will be permitted. The only freestanding sign permitted on the Property shall not be illuminated and shall be located along the Property's frontage on Nimmo Parkway. The sign shall have the brick base, dimensions, and heigh as depicted and described on that exhibit entitled "HT#259 Fuel Center 2476 Nimmo Parkway Virginia Beach, VA 23456" dated 07/05/2022, prepared by Casco Signs Incorporated which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development ("Freestanding Sign Details"). 2. Proffer numbered "5" as contained in the 2004 Proffers is hereby deleted in its entirety and replaced with the following with respect to the Property as herein described: 5. The following uses shall not be permitted on the Property, formerly designated "Outparcel 5" on the Proffered Site Plans under Proffer numbered 1 of the 2004 Proffers: Automobile repair facilities, bino halls, carwash facilities, flea markets, heliports and helistops, mini-warehouses, motorhome sales, and motor vehicle sales and rentals. 3. Except for the modification by replacement of Proffer numbered "4" and "5" applicable to the Property as herein described, the remaining proffered covenants, restrictions and conditions as set forth in the 2004 Proffers are hereby ratified and affirmed. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. When the site is redeveloped, the site layout shall be in substantial conformity with the conceptual site plan entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach, Virginia," prepared by Kimley-Horn, and dated 07/07/2022, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The exterior of the proposed kiosk building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations/renderings entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach, Virginia," which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development, and as approved by the Historical Review Board under Certificate of Appropriateness #22-07. 3. When the site is redeveloped, the site shall be landscaped in substantial conformity with the conceptual landscaping plan entitled, "Harris Teeter Fuel Center#239 Courthouse Marketplace Virginia Beach, Virginia, EX-1" prepared by Kimley-Horn, and dated 07/07/2022, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. A landscaping plan shall be submitted during detailed site plan review. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. A brick monument type sign shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. The sign shall substantially adhere in appearance, size and materials to the exhibit entitled, "HT#259 Fuel Center 2476 Nimmo Parkway Virginia Beach, VA 23456" dated 07/05/2022, prepared by Casco Signs Incorporated, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development 6. Prior to the commencement of any land disturbing activity, a stormwater plan shall be submitted for review and approval by the Development Services Center. 7. The final stormwater plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis, unless otherwise approved by the DSC, using the same basis of design that includes increased rainfall amounts and consideration for sea level rise. 8. A minimum of one oil/water separator shall be installed on the site to prevent sediments from being discharged into the stormwater facility. 9. Parking above the maximum number of spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. 10. Outdoor vending machines or merchandise display shall be screened from view of Nimmo Parkway by a brick enclosure or landscaping as approved by the Director of Planning. 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. PROFFERS FROM 2004 CONDITIONAL REZONING REQUEST Proffer 1: When the Property is developed, the grocery store/retail facility shall be developed and landscaped substantially as shown on the exhibits entitled (a) "COURTHOUSE MARKETPLACE", dated 6/3/03, prepared by Engineering Services, Inc., and (b) "PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE, Virginia Beach, VA.", dated June 03, 2003, prepared by HBA which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Site Plans"). A detailed landscape plan for the Property which is coordinated with the Grantee's landscaping plans for Nimmo Parkway and Ferrell Parkway/Princess Anne Road, must be approved by the Planning Director prior to issuance of a building permit. The landscape plan for the Property will require that at least thirty percent (30%) of the new trees to be planted will be "evergreen" trees. Proffer 2: The Conceptual Site Plan depicts outparcels and illustrates a possible development layout for each. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. The Planning Director shall determine that each building on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a "main street" atmosphere. Proffer 3: The architectural design and building materials of the grocery store/retail structure to be constructed on the Property shall be substantially compatible with the architectural style and materials depicted on the two (2) exhibits entitled "PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE" dated June 3, 2003, prepared by HBA, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plans"). Proffer 4: When the Property is developed, no internally illuminated, building mounted signage will be permitted. Outparcels, as depicted on the Conceptual Site Plan shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage with Ferrell Parkway /Princess Anne Road and one along the frontage of Nimmo Parkway. Proffer 5: The following uses shall not be permitted on the Property: automobile repair facilities, automobile service stations, bingo halls, car wash facilities, flea markets, heliports and helistops, mini-warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated "1" and "2" on the Conceptual Site Plan, no drive through uses shall be permitted. On the Outparcel designated "3", no drive through associated with a restaurant shall be permitted. Proffer 6: When the Property is developed, a public use, ingress-egress easement shall be dedicated over the two drive aisles/access roads which traverse the Property perpendicular to Nimmo Parkway curb cuts on Nimmo Parkway to the northwestern boundary line of the Property, as depicted on the Conceptual Site Plan. The owner of the Property will agree to grant an appropriate ingress- egress easement to serve both "Lot 16" and "Lot 22A" as depicted on the Conceptual Site Plan, from the easternmost main drive aisle, subject to the owner(s) of Lot 16 and Lot 22A executing a reasonable shared maintenance agreement with the Party of the First Part which reflects a reasonable sharing of construction and maintenance costs for the drive aisles and associated landscaping. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. GLAZER I HONIGMAN I ELLICK A Professional Limited Liability Company SGlazer@GHElawfirm.com November 8, 2022 VIA EMAIL (ENowak@vbgov.com) Elizabeth Nowak, Planner City of Virginia Beach Planning& Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 Re: 2500 Nimmo Parkway, Virginia Beach, VA—Application 2022-PCCC-00234 (the"Proffer Application") and Application 2022-PCCC-00215 (the"Use Application") Dear Ms.Nowak: I am the owner of SMG Virginia Beach LLC,the legal title holder of 2555 Nimmo Parkway, Virginia Beach, VA. That property is leased to 7-Eleven Corp. for a convenience store with gas pumps. For the reasons set forth below, among others, I object to the Proffer Application and the Use Application. Pursuant to Proffer Agreement dated June 1, 2003 and recorded with the City of Virginia Beach June 15, 2004 (the"Original Proffers"), a series of parcels aggregating approximately 24 acres of land contracted in writing with the City of Virginia Beach "for the protection of the community", to "prevent incompatible uses", and for other purposes to impose certain use limitations on the "Property" (defined therein as all of the approximately 24 acres that was then the subject of a rezoning and a portion of which, upon information and belief, is the subject of the Proffer Application and the Use Application). Those restrictions included in Proffer 5 a restriction that prevents the use of the Property for"automobile service stations" among many other limitations(for example, "bingo halls, car wash facilities, flea markets"etc.). The Proffer Application notes that the property in question is subject to and limited by the Original Proffers. The property I own also is part of the original approximately 24 acres and consequently also is subject to, limited by, and benefitted from the Original Proffers. The Original Proffers, upon information and belief, are recorded among the land records for all of the approximately 24 acres of land then owned by the "Grantor" and"constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, Grantees, and other successors in interest or title" (See NOW, THEREFORE clause). As owner of 2550 Nimmo Parkway, I am a successor in interest to Grantor. November 8, 2022 Page 2 As a successor in interest to Grantor, I am bound by the Original Proffers. They are recorded against and encumber title to my property. As a successor party to the Original Proffers, I am, as a matter of contract law, a necessary, required, and indeed an indispensable party to any amendment to the Original Proffers. The Original Proffers expressly provide in the second paragraph following numbered paragraph 7 that they may be amended or revised by recorded written instrument"executed by the record owner of the Property ...". I am a record owner of the Property and consequently my consent is a requirement for any amendment to the Original Proffers. I expressly have not and do not give consent. The party submitting the Proffer Application therefore has no legal right unilaterally to pursue the amendment of the Original Proffers. The Planning Commission must either deny the Proffer Application or postpone the hearing to afford the applicant the opportunity to seek to obtain the joinder of all necessary parties. The undersigned also objects to the Use Application. It necessarily follows that if the applicant of the Proffer Application cannot unilaterally seek to amend the proffers encumbering and benefitting my property at 2550 Nimmo Parkway, Harris Teeter cannot be granted a conditional use permit for a use that expressly is prohibited by legal and binding written instrument to which the City of Virginia Beach is a party. Respectfully submitted, Steven M. Glazer, Manager SMG Virginia Beach LLC, Owner of 2550 Nimmo Parkway, Virginia Beach, VA Cc: Mark D. Stiles, City Attorney (Mstiles@vbgov.com) B. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AT ASSOCIATES, LLP [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Vehicle Sales, Rental & Service) for the property located at 2717 Virginia Beach Boulevard (GPIN 1497447924). COUNCIL DISTRICT 3, formerly Beach MEETING DATE: December 13, 2022 • Background: The applicant is requesting to modify the conditions of a Conditional Use Permit for an Automobile Repair Garage on the B-2 Community Business District zoned parcel that was approved by City Council in 2005. The applicant is now seeking to replace and expand the existing 16,75 square foot maintenance building with a new 49,840 square foot maintenance building. This use will service larger vehicles such as box trucks and ambulances. Anticipated services include oil changes, brake replacements and engine rebuild. This building is not open to the general public. Exterior changes to the new maintenance building will consist of white insulated metal wall panels, a blue insulated metal roof, and white overhead doors. • Considerations: The site has a current Conditional Use Permit for automobile sales and service and has operated for a number of years. The request is consistent with the Comprehensive Plan's policies and land use goals for the Lynnhaven area, as the auto sales, rental and service business provides a service to the area and is compatible with the number of automobile related service uses along this section of Virginia Beach Boulevard. There is a predominance of auto-centric uses in the immediate vicinity. All work and storage of materials will occur within the building and no body work or paint work will take place on the subject site. The property is located in the 70 - 75 dB DNL noise zone and the greater than 75 dB DNL, the highest of the noise zones of the Air Installations Compatible Use Zones (AICUZ). Non-residential uses such as those proposed are compatible uses with Oceana's operations. Given that this use is closed to the general public, there will not be increase in the traffic volume with the expansion of the maintenance building. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. AT Associates, LLP Page 2 of 3 ■ Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. All conditions attached to the previous Conditional Use Permit granted on February 8, 2005, are hereby deleted, and superseded by the following conditions. 2. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD MAINTENANCE BUILDING, 2717 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA P.C. Architecture and Engineering, dated 08/17/22. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "BEACH FORD FLEET MAINTENANCE", prepared by MSA PC. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 4. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, and interior parking lot and display area landscaping. 5. All existing landscaping on the property shall be retained and maintained. 6. No outdoor speakers or public address system shall be permitted. 7. No motor vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right-of-way. 8. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 9. There shall be no outside storage of equipment, parts, tires, or materials. 10.No motor vehicle repair work shall take place outside of the building. 11.No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. AT Associates, LLP Page 3 of 3 12.AII on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on site. 13.AII outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 14.A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all poles mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. 15.Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department / City Manager Applicant & Property Owner AT Associates, LLP Agenda Item Planning Commission Public Hearing November 9, 2022 City Council District 3,formerly Beach 1 0 titu of Virginia Beach Request Modification of Conditions (Motor Vehicle Sales, Rental &Service) Staff Recommendation r . n Approval --,_-„,z'--:--ir Staff Planner 0 / _ '•'`T Michaela D. McKinney Vrgtn'aBeachg°��° fi� jt _' 0 k---- Location , s - - 2717 Virginia Beach Boulevard - B Ar *. southern Boulevard i G P I N S ea alive 1497447924 'a1a" � ,• c ,___} Site Size \, ,,� �, 2 12.41acres '�►04, s *, 2141.....v____,(-Th f AICUZi 70-75 dB DNL, Greater than 75 dB DNL 17 Watershed Chesapeake Bay Existing Land Use and Zoning District T Car dealership/ B-2 Community Business , - - - i • - - .r, Surrounding Land Uses and Zoning Districts `' y�y ` . ?F,o,,:'* ak.-' North r'-.-.`,-.,&,.:'''',P- ' -gc;;t--z.1-Lk ,- 4 --. :7„,„,..fr-,."-:'—::,-'.-,t,.i.i..,,4?-:;.,-',\ ..`l.'I Y } es Virginia Beach Boulevard : '}� Mixed retail center/B-2 Community Business i 1""',..'" Tr� js ` .�u ;,, ° el ^ • � ` t/ �7 `." -GSouth e N Lynnhaven Road '="`y "-u t - . - '�- t" < _, �6 -A. iSy r' yir,t,F, 7, a ~,'t , i, ::.Y Single-family dwellings, office/R-10 • .-- , •,:,..s 4. _ -y ,3,r Residential, B-2 Community Business v �~ " `' `` East r: ,- � - ' . 'S/ ` , Mustang Trail n ,� �. ire •o•Drive ..•*' � s- ' Yz ,,. Car wash facility, car dealership, office/B-2 , . f Ir 41, '� -a 4:, I' i ;' 1R :-w .-= Community Business _ 'B'.'_ West e,i ,,, _ . _ —i , _- 4 # _, illt Foundry Lane '.1* �Y ;. -;M,+� . Church, retail, parkinglot B-2 Community ` '' Dean Drive / Business AT Associates, LLP Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting to modify the conditions of a Conditional Use Permit for Motor Vehicle Sales, Rental and Service that was approved by City Council in 2005 for this 12.41-acre parcel zoned B-2 Community Business District. • The applicant is seeking to replace and expand the existing 16,075 square foot maintenance building with a new 49,840 square foot maintenance building. This building will not be open to the general public. It is anticipated that larger vehicles will be serviced such as box trucks, ambulances, and heavy-duty pickup trucks. Anticipated services will include routine vehicle maintenance such as oil changes,tire rotations, brake replacements, and engine and transmission rebuilds. • As depicted on the submitted building elevations on pages seven and eight,the proposed maintenance building will have exterior building materials of white insulated metal wall panels, a blue insulated metal roof, white overhead doors, and clearstory windows with translucent glazing. The building height is depicted as 45 feet in order to accommodate taller, larger vehicles. It is expected that the lowest vehicle clearance needed will be 30 feet. • All on-site parking has been met and exceeds the minimum parking spaces required per section 203 of the City Zoning Ordinance. • All work and storage of materials will occur within the building. According to the applicant, no body work or paint work will take place on the subject site. • It is anticipated that up to 48 employees will be on site at any one time. The proposed typical hours of operation will be from 7:00 a.m.to 8:00 p.m., Monday through Sunday. Zoning History 1-1,;,atti , u # Request 4 ` VI VOZ 1 CUP(Motor Vehicle Sales and Service)Approved �, flF ,.�"~�c 01/11/1997 „ 1 CUP(Motor Vehicle Sales and Service)Approved a "��a�► 4 �'� ��., s�� j�'I p 02/08/2005 y��,V'� 'e►. r 2 CUP(Church Additions)Approved 05/13/1998 /i • / / ..! � . � . CUP(Child Care)Approved 01/13/2004 . . 3 MDC Approved 09/10/1997 4 CUP(Motor Vehicle Sales)Approved 07/09/1997 4 1st Q, ,, v 0 ! 5 CUP(Motor Vehicle Sales)Approved 09/08/1993 0 LEI t1 ,�,� 1Arr°° 6 CUP(Bulk Storage Yard)Approved 04/19/2017 •< Al 7 CUP(Bulk Storage Yard)Approved 0/08/1995 • +� -j 8 CRZ(R-5D/0-2 to Conditional 0-2)Approved 0.0 .<*y4e dql 09/11/2012 , . 1— 9 CRZ(I-1 to Conditional B-2)Approved 06/25/2002 CUP(Fuel Sales/Convenience Store)Approved 06/25/2002 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 AT Associates, LLP Agenda Item 10 Page 2 Evaluation & Recommendation The request for a Modification of Conditions, in Staff's opinion, is acceptable given the predominance of auto-centric uses in the immediate vicinity. The request is consistent with the Comprehensive Plan's policies and land use goals for the Lynnhaven area, as the auto repair business provides a needed service to the area and is compatible with the number of automobile-related service uses along this section of Virginia Beach Boulevard. A portion of this property is located within the 70 to 75 dB DNL, but the majority of the site is located within the greater than 75 dB DNL noise zone of the Air Installations Compatible Use Zones (AICUZ). Many uses within these higher noise zones are restricted, as identified in Article 18 of the Zoning Ordinance; however, Motor Vehicles Sales, Rental and Service, is a compatible use and currently exists on this site. Current landscaping requirements have been met onsite. Condition 4 is recommended to ensure all existing vegetation will remain and will continue to provide adequate screening for adjacent properties, pedestrians, and along the rights- of-way. The proposed maintenance building will be located on the interior and western side of property and will not be visible from the roadways;therefore, additional screening is not required. Staff does not anticipate a significant increase in traffic volume with the addition of this use given that the maintenance building is closed to the general public. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. All conditions attached to the previous Conditional Use Permit granted on February 8, 2005, are hereby deleted, and superseded by the following conditions. 2. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD MAINTENANCE BUILDING, 2717 Virginia Beach Boulevard,Virginia Beach,Virginia", prepared by MSA P.C. Architecture and Engineering, dated 08/17/22. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "BEACH FORD FLEET MAINTENANCE", prepared by MSA PC. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 4. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, and interior parking lot and display area landscaping. 5. All existing landscaping on the property shall be retained and maintained. 6. No outdoor speakers or public address system shall be permitted. 7. No motor vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right-of-way. 8. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 9. There shall be no outside storage of equipment, parts,tires, or materials. AT Associates, LLP Agenda Item 10 Page 3 10. No motor vehicle repair work shall take place outside of the building. 11. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four(4) square feet installed or displayed on the exterior or interior of the windows of the building. 12. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning& Community Development is required for any new signage installed on site. 13. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 14. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all poles mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. 15. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Conditions of 2005 CUP Approval 1. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD SHOWROOM,2717 Virginia Beach Boulevard,Virginia Beach,Virginia", prepared by Clark Nexsen Architecture and Engineering, dated November 1, 2004. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "NEW SHOWROOM FACILITY FOR BEACH FORD", prepared by Clark Nexsen Architecture and Engineering. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, and interior parking lot and display area landscaping. 4. No outdoor speakers or public address system shall be permitted. AT Associates, LLP Agenda Item 10 Page 4 5. No vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right-of-way. 6. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four(4) square feet installed or displayed on the exterior or interior of the windows of the building. 7. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area.All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. Comprehensive Plan Recommendations This site is located within the Lynnhaven Strategic Growth Area. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Lynnhaven Area. Principles include locating uses that are compatible with the AICUZ restrictions and strengthening existing neighborhoods through community services and convenient retail while building on the existing good balance between homes,jobs, and services.The primary vision of the Lynnhaven SGA is to create a series of mixed use and flexible developments along with target public infrastructure improvements. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 33,500 ADT1 74,000 ADT 1(LOS 3"D") No Change Anticipated2 'Average Daily Trips 2 as defined by a maintenance 3 LOS=Level of Service facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane major urban arterial road, in the vicinity of this site, with an approximate right- of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no roadway CIPs scheduled in the vicinity of this site. Public Utility Impacts Water & Sewer This site is connected to City water and sanitary sewer service. AT Associates, LLP Agenda Item 10 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 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 December 9, 2022. AT Associates, LLP Agenda Item 10 Page 6 Proposed Site Layout \\111:‘‘.‘i\ <0.-.VW If Av a AY i' t �arum\�� .v Now MOM _ y, V .. U o it ` 1e la . t! 3 a m N a1 Co 1 - Is - 't :1p�% OA ti C LiVr1y O O i 0.= CI CJ r : WW I 7 al Vi =u ;its 1 0' _ AT 1; jle. if .- 4,; - .1...-4—'-_____*-4. NNNNN /)/i 'Wel; - • --:', • • \19, L. 01 J r yr lY 6 leis , . W ` .10 ss , irk o f s =_ N Y O . ' -1xn W \_ AT Associates, LLP Agenda Item 10 Page 7 O 0 tn fri BEACH FORD FLEET MAINTENANCE CL m (17 INSULATED METAL ROOF- r+ BLUE TO MATCH SHOWROOM 0 WHITE LOUVERS N WHITE INSULATED METAL WALL PANEL T.O.RIDGE +45.-0" IN 1 NORTH ELEVATION SOUTH ELEVATION D � Oq D m �^ Q O n rD CD CM CD 00 0 O 0 BEACH FORD FLEET MAINTENANCE I_ (17 a, SIGNAGE W/4'HIGH LETTERS 3' INSULATED METAL ROOF(BLUE TO MATCH SHOWROOM) INSULATED METAL WALL PANELS T.O. RIDGE (WHITE) +45'-0" OVERHEAD DOORS 0...iB ch FLEET MAINTANANCE CE TER (WHITE) EAST ELEVATION HOLLOW METAL DOOR AND FRAME(WHITE) GREY ARCHITECTURAL CMU SKIRT-TYP. CLEARSTORY WINDOWS W/ TRANSLUSCENT GLAZING 1.1.1 f•I.1 1•►•1 1•I•I•I►1 1•I.1 Fri f• •I WEST ELEVATION D � c1Q D rn Q o fD r r- l0 0 Site Photos A ti BEACH FORD • v }, - -140014..... ` ♦ I. ...AIL BEACH FORD ` _ fir„ ��, _ :Stag._ ..... � - -- ' i0 4r ',; f 161••• _� AT Associates, LLP Agenda Item 10 Page 10 Disclosure Statement 11111 Disclosure Statement City ofVirguuo Bondi 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 AT Associates,LLP Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. Douglas M.Will,P.E.,MSA,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Thomas A.Barton,Jr.,Thomas A.Barton,Ill,Robert H.Barton and Ann T.Barton • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Beach Ford has several business affiliated with AT Associates,LIP-Beach Ford,nc.,Barton Ford,Inc.and Beach Bubbles,LLC '"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 11.09.202E 1 AT Associates, LLP Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement city of Voyinio Batch 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 II 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. Truist Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the 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?NI Yes ❑ No • If yes,identify the firm and individual providing the service. BDO,Ed Amorosso 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes E No • If yes,identify the firm and individual providing the service. Clark-Nexsen,Inc.,Georgana Turner,LC LEED AP 5. Is there any other pending or proposed purchaser of the subject property?❑Yes Ii No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 AT Associates, LLP Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement 1/13 i`anning&Community fevem"nen1 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?L!Yes ❑No • If yes,identify the company and individual providing the service. PG Harris,Paul Harris and Matt Hemmis 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?[!i Yes ❑ No • If yes,identify the firm and individual providing the service. MSA,P,C.,Douglas M Will,F.E. 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?V.Yes ❑No • if yes,identify the firm and individual providing the service. Wil'iams Mullen,Tom Frantz Applicant Signature I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate I unde'stand 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. Applicant i•nature Print Name anh Title Robert H.Barton,Vice President Date I ,�aaa.,;— Is the applicant also the owner of the subject property? R Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of ar` 1 1/2 2120 2 2 ns+tti►e �Zi! GQG2�. Print Name Michaela D McKinney Revised 11.09.2020 31 Page AT Associates, LLP Agenda Item 10 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AT Associates, LLP Agenda Item 10 Page 14 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Item # 10 AT Associates, LLP (Applicant & Property Owner) Modification of Conditions (Motor Vehicle Sales, Rental, & Service) Address: 2717 Virginia Beach Boulevard RECOMMENDED FOR APPROVAL — CONSENT Mr. Weiner: Thank you. Next is item number 10, AT Associates, Modification of Conditions of motor vehicle sales and services at 2717 Virginia Beach Boulevard. Please state your name for the record. Mr. Barton: Thank you. I'm Tom Barton from Beach Ford and AT Associates. I appreciate the Commission's consideration and the hard work already put in. We're here to request that we build a 50,000 square foot commercial service center on property. We've kind of outgrown the existing service department and we quite regularly have conflicts with our retail customers versus our commercial and fleet customers. So we need more capacity, and we think the building will be a compliment to the property as it is and will help us satisfy the demand that's already there. Mr. Weiner: Great. Are all the conditions acceptable? Mr. Barton: Yes. Mr. Weiner: Great. Is there any opposition to this being placed on the consent agenda, hearing none, I have asked Mr. Clemons to read this into the record please. Mr. Clemens: The applicant has requested a Modification of Conditions, which in staff's opinion, is acceptable given the predominance of auto centric uses in the immediate vicinity. This request is consistent with the Comprehensive Plan's policies and land use goals for the Lynnhaven area, as the auto repair business provides the needed service to the area and is compatible with a number of other automobile related service uses along Virginia Beach Boulevard. A portion of this property is located within the 70 to 75 decibels, but the majority of the site is located within the greater than 75 decibel noise zone of the air installations compatible use zones. There was no anticipation of a significant increase in traffic volume with the addition of this use given that the maintenance building is close to the general public and based on the considerations that outlined above the Commission places this item on the consent agenda as subject to the conditions. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So Planning Commission places those on the consent agenda. So the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So the motion is made by Mr. Wiener? Is there a second? So second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the previous Conditional Use Permit granted on February 8, 2005, are hereby deleted, and superseded by the following conditions. 2. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD MAINTENANCE BUILDING, 2717 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA P.C. Architecture and Engineering, dated 08/17/22. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "BEACH FORD FLEET MAINTENANCE", prepared by MSA PC. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 4. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, and interior parking lot and display area landscaping. 5. All existing landscaping on the property shall be retained and maintained. 6. No outdoor speakers or public address system shall be permitted. 7. No motor vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right-of-way. 8. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 9. There shall be no outside storage of equipment, parts, tires, or materials. 10. No motor vehicle repair work shall take place outside of the building. 11. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 12. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on site. 13. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 14. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all poles mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. 15. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CONDITIONS OF 2005 CUP APPROVAL 1. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD SHOWROOM, 2717 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by Clark Nexsen Architecture and Engineering, dated November 1, 2004. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "NEW SHOWROOM FACILITY FOR BEACH FORD", prepared by Clark Nexsen Architecture and Engineering. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, and interior parking lot and display area landscaping. 4. No outdoor speakers or public address system shall be permitted. 5. No vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right- of-way. 6. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 7. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. OR OR treat i 4th S -----4he/ I \ � 1 ::::ts; t / e , \ `, J / I ' 1 \Ir'\ 5 ,, ' S. I , i 37 ! 4 OR G; \\ /i7OR Q \ ,ti 3r treat r ds Q 1 A�`O,R� \ N r A Site w Nz F Property Polygons Nikola Georgiev .�,�� 303 Atlantic Avenue, Unit 1305 s Zoning Building Feet 0 1530 60 90 120 150 180 kic Yr^ 11T 2� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NIKOLA GEORGIEV [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue Unit 1305 (GPIN 24273224032370). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: December 13, 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 November 22, 2022: • Conditional Use Permit Application Intake Date: September 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 experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, Nikola Georgiev Page 2 of 5 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. 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 Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On November 15, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1305 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 Nikola Georgiev Page 3 of 5 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. Nikola Georgiev Page 4 of 5 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. Nikola Georgiev Page 5 of 5 ■ 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 0 City Manager: Applicants & Property Owners Nikola Georgiev Agenda Item Planning Commission Public Hearing November 9, 2022 �� City Council District 5,formerly Beach 13 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,vhs"ee` ` earve Approval - �j,, 4 pinewood 0 :' N Norlol 90 Wee' '• , Staff Planner q Brandon HackneyA� A c ...i l soe Location ti D 5tt.sug.` 303 Atlantic Avenue, Unit 1305 —k r c,— 40,strt G e �� 3,1 list GPIN 24273224032370 I ---'.\-- ,1 ' ‘.t..,- c\s' Site Size 45,000 square feet >_*sit r i se A• f , Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 4th Street (Connector Park) .; f 1 tit Multi-Family Dwellings/OR Oceanfront Resort ` l• South q . i I Ate et4 lh u 3rd Street (Connector Park) n - � \p, Hotel/OR Oceanfront Resort ' `` `" A East s qd w -4„:).. ,-, Boardwalk - ` Atlantic Ocean, Beach ` LAB ' West /�, k' ;" Atlantic Avenue 11, 4 - . , Civic Use, Public Use/OR Oceanfront Resort lase sl r. 1 d.� '!•';:tea Nikola Georgiev Agenda Item 13 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 June 2022. • Known Short Term Rental activity as of October 24, 2022: • Conditional Use Permit Application Intake Date: September 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—June, 2022 Nikola Georgiev Agenda Item 13 Page 2 Short Term Rentals in the Vicinity c.- , Ham` .--,,, .,..61kr., ,, \ \ ,_____\ ,_...\\ \ \ .__ ,4 - , _ .. - i __ 1 � , �`- ;, i- -_ �� i t , i _ \ '.,, ,si \ ,.,. ' -/�-,f.0`/ /} lam r � --- w24 w'`• - Short Term Rentals • t4,. , ' ' ' ji S'R Dermas -I, -1 OS CUP Stpus 0�,- is \ 0 Ai,wo..a v / ,,,:ii a . • `/i t ` UncleRewew rr r ! ' 1 Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a two-bedroom, 941 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 13 Page 3 Zoning History 4 # Request oR� 1 COA(Colocation of Antennas)Approved 02/20/2017 2 NON(Enlargement of Nonconforming Use)Approved 4thstreet 04/12/2005 NON(Enlargement of Nonconforming Use)Approved 01/12/1993 .7, ,. 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 m MOD(Modification of Conditions)Approved 02/14/1995 OR OR STC(Street Closure)Approved 02/09/1993 MOD(Modification of Conditions)Approved 06/23/1992 —' gtceet 2T3 111 CUP(Outdoor Recreation Facility)Approved 05/26/1992 CUP(Outdoor Recreation Facility)Approved 03/24/1992 REZ(B-5 to H-2)Approved 06/11/1984 11110 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 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 1305 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 A23 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 13 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 1305 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 13 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 13 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 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 December 9, 2022. Nikola Georgiev Agenda Item 13 Page 7 Site Layout & Parking Plan Liik \ ---: t ,...... tr.?, 7 .,1„...-----:4 0:71if 41E.,:wi.:111;4:::i k '\ii 'I:i.'%-.,#"t:::-*:11:.1:1 i t --,- tik . ,,,., itoll; . i 1 \ ilk - i -- .1- l'i.t'‘'\'v. t er _. :_ _.,. , 4.‘ ; .. 111 • .0 fA OP ._ __, • 4 c L :' Xi A t , _ \ mow. ' 1111‘ \. . • 01_ It it 1 \ , . . lir)g1/4 • One assigned space on first floor • , c of parking deck-A23 r• _ ----' _ • • Historical exemption to s •y - 1 requirements; only one spaceA ,‘.. needed . . -.. Millidllifr -'; Alk i . Nikola Georgiev Agenda Item 13 Page 8 Site Photos .z INIIP itt It ! •. • • tt . • tw t OW H I • • .Or IP! - Pvr f II 1• • tea tt ' IIIIIF 1/ I > IIfLii ri f !#ii!!t IMFair t ,. 1' . 'fit'' i f :.-- -1- ---- ii -§---03 ,- es< \ , ' f pfs' plor an eh ,..., 111111, M/ • • R 1- •,, . • 1 • •'' • Is • • • ' lit ' i r • • ' Ue. •fir / Mir ! • •' • h•a'f i I • s V'` • • nor- g- _ i • f i.# Iz3'. M.t _ yr N v Nikola Georgiev Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement 1/13 City of Virginia Buick 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 El 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 11.09.202U 1 Nikola Georgiev Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement City of Vin inia Bead Planning&Comm ! l , _ 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 MI 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. Revised 11.09.2020 2 Nikola Georgiev Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement \J13 City of Virginia R,udi Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?E Yes I 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. 7 Applicant Signature Nikola Georgiev Print Name and Title Nikola Georgiev Date June-13-2022 Is the .,,a owner of the subject property? En Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of DaLe 11/29/2022 Signature Print Name Brandon M. Hackney Revised 11.09.2020 3 Nikola Georgiev Agenda Item 13 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 13 Page 13 iNN\NN >- cc .______---- ____------c----_,„ Al ------ ----- , , 4 i Ian 11 _-----:---------' S 1 / pi 1/2, \_--_-..,''---. -• -''''w. ----.--1'--,`, . tibIA, -.N--,,,, (n L. • irr— ---- �J ,4Z, c? 0 rr--- ; . '. .,- itir N., r,-,--- ' _- -- --- Olk .. .7i+ A. 1) I T i tis� 4., t YA Y it 1i �. 'Cr r gn c v 2 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Item # 13 Nikola Georqiev (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 303 Atlantic Avenue, Unit 1305 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, sir. Next is item number 13, Nikola Georgiev, a Conditional Use Permit for short-term rentals at 303 Atlantic Avenue, Unit 1305. Is the representative available? No representative. Madam Clerk: Mr. Vice Chairman, yes, he is on WebEx. Mr. Georgiev, if you would state your name, and then your comments please. Mr. Georgiev: Good afternoon, this is Nick Georgiev, all the conditions are acceptable. My name is Nick Georgiev. Mr. Weiner: Okay, thank you, sir. Is there any opposition to this being placed on a consent agenda? Hearing none, Mr. Redmond has agreed to read this into the record please. Mr. Redmond: Mr. Chairman. Agenda item number 13 is a Conditional Use Permit for short-term rental by Mr. Nick Georgiev, whom we just heard from. The application broadly meets the requirements of the ordinance in all the various ways, parking and the things that we typically look for and replace it on consent. Thank you. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So Planning Commission places those on the consent agenda. So the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So the motion is made by Mr. Wiener? Is there a second? So second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY O ABS O ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1305 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. 1. O R Pr ' OR 41.-._.-: street 10r" _ __________-- , , Ij 1` , OR \ rt. ' \\Ir 1 ras.t \ , , .• , OR fill '', R5S .o OR , 1 "P \\ o \ . _ , 4 , __I___ - \ o .d. \ 0 1 4. co C al '----- - )\ 1 et __ th stye ____ Site N W�� 208 10th Street, LLC Property PolygonsNW. • 945, 965, 961 , 957, 953, 949 Pacific Avenue s Zoning Building Feet 012.T5 50 75 100 125 150 r\tiU'••t1 ZZZ-! c..' 'J tJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 208 10TH STREET, LLC [Applicant & Property Owner] Conditional Use Permits (Short Term Rentals) for the property located at 945, 949, 953, 957, 961, 965 Pacific Avenue (GPIN 2427242573). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: December 13, 2022 • Background: The applicant is requesting six Conditional Use Permits to operate six four- bedroom, Short Term Rentals. According to City records, the site plan for the six four-bedroom row houses were approved in April of 2022 and are currently under construction. 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 registered with the Commissioner of the Revenue as a Short Term Rental as of November 2022. There are not past violations for Short Term Rental Use associated with this property. Known Short Term Rental activity as of November 22, 2022: • Conditional Use Permit Application Intake Date: September 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 site is one block from the public beaches of the Atlantic Ocean in the resort area of the city, an area where Short Term Rental use is common. The six, four- bedroom Short Term Rentals are required to have four off-street parking spaces per unit, totaling 24 parking spaces. six parking spaces can be accommodated on site by parking one vehicle in each of the units' two-car garage. 945 Pacific Avenue will have three onsite surface spaces, while the remaining five units will each have two onsite surface spaces, totaling 19 spaces onsite. The remaining five required parking spaces will be leased from the 9th Street parking garage, one block to the south, which is within the 0.25-mile radius requirement from the property. The Zoning Administrator has reviewed the alternative parking plan and has deemed it 208 10th Street, LLC Page 2 of 5 acceptable. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met and that the use of the property at this location for Short Term Rentals is appropriate. The site fronts the active Pacific Avenue and is in close proximity to the amenities offered at the oceanfront. 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 these requests. • Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of these requests. 1. The following conditions shall only apply to the dwelling units addressed as 945, 949, 953, 957, 961 and 965 Pacific Avenue, and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within each 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. An additional five parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its 208 10th Street, LLC Page 3 of 5 conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10.If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 14.Accessory structures shall not be used or occupied as Short Term Rentals. 15.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as 208 10th Street, LLC Page 4 of 5 a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures 208 10th Street, LLC Page 5 of 5 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. c� ' Submitting Department/Agency: Planning Department City Manager: ,I I 1 Applicant and Property Owner 208 10th Street, LLC Agenda Items Planning Commission Public Hearing November 9, 2022 CityCouncil District 5,formerlyBeach i4- 1 City of Virginia Beach Requests Conditional Use Permits (Short Term Rentals) Staff Recommendation ot,%reet t ', ,,h�fe` ,,th s Approval ✓ yi9`^`a Beach�u�vard ` �h greet Staff Planner �., Brandon Hackney �" ' f. west\-- li., * \ - 1:41ties..s,... t ii. i Location i ‘2..v 945, 949, 953, 957, 961, 965 Pacific Avenue ‘2`hs` -�"; .,,'' 4 Norfolk g* 1 ,. GPIN \- ' 9thsireet $lr4� f _�' p%t Y 2427242573 h 1 Ma bw are Avc^"e D ah street Site Size a . o V„9��+trot^a AVenueint venue Y so,Stteet 13,912 square feet H9hP° p,ve^"e 1eet Sd greet c Existing Land Use and Zoning District Townhomes/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North tlt i ► `t 10th Street - ,`' t a �` . - \` ;, -- Hotel/OR Oceanfront Resort ' 01 rsar.dea.4* South - -- _ `. Hotel/OR Oceanfront Resortdr snrri� ) East ,00,9J:t -�- • Commercial Parking Lot/OR Oceanfront Resort . '`� West ii,-, d ‘�1 Pacific Avenue 4. 0 -,. _ • q Commercial Parking Lot/OR Oceanfront Resort ^7 '{ '=_. ' -` ... j Norf01 ---' -, 'h , k Avenue i �. ;` 208 10th Street, LLC Agenda Items 14-19 Page 1 Background & Summary of Proposal Site Conditions and History • The 13,912 square foot lot is zoned OR Oceanfront Resort. • According to City records,the site plan for the six four-bedroom row houses were approved in April of 2022 and are currently under construction. • Staff inspected the site on September 13, 2022 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of 10/20/2022: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 1 ,t 'Vitt- t 31114-04 ?\ --If ,5.,c't -1 11" I� . Al1eYi- r Short Term Rentals0 4t1ra �. \.\--Stlottevlt\t;c___-\e't\ e Status - 171„7000 6 208 10th Street, LLC Agenda Items 14-19 Page 2 Summary of Proposal The applicant submitted Conditional Use Permit requests to operate Short Term Rentals on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. 945 Pacific 949 Pacific 953 Pacific 957 Pacific 961 Pacific 965 Pacific Avenue Avenue Avenue Avenue Avenue Avenue Number of bedrooms in 4 4 4 4 4 4 the Short Term Rentals: Maximum number of guests permitted on the 8 8 8 8 8 8 property after 11:00 pm: Number of parking spaces required (1 space per 4 4 4 4 4 4 bedroom required): Number of parking spaces 4 3 3 3 3 3 provided onsite: Number of parking spaces provided offsite at 9th 0 1 1 1 1 1 Street parking garage: ORa •" Zoning History OR/ �1' t _# Request 1 CUP(Short Term Rental)Approved 03/07/2022 --- ah_sues' . CUP(Short Term Rental)Approved 12/16/2021 OR CUP(Short Term Rental)Approved 10/27/2021 ror V. Vii CUP(Short Term Rental)Approved 04/29/2021 R•ss D OR CUP(Short Term Rental)Approved 04/21/2021 '8 y // CUP(Short Term Rental)Approved 01/05/2021 CUP(Short Term Rental)Approved 06/09/2020 • CUP(Short Term Rental)Approved 02/24/2020 CUP(Short Term Rental)Approved 11/25/2019 Norfolk Avenue °`hs" CUP(Short Term Rental)Approved 11/04/2019 ;-:::4. 2 STC(Street Closure)Approved 10/05/2004 OR •SS 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 208 10th Street, LLC Agenda Items 14-19 Page 3 Evaluation & Recommendation The applicant is requesting to operate six, four-bedroom Short Term Rentals located at 945, 949, 953, 957, 961 and 965 Pacific Avenue. The six townhouse style units are currently under construction. The site is one block from the public beaches of the Atlantic Ocean in the resort area of the city, an area where Short Term Rental use is common. The six,four-bedroom Short Term Rentals are required to have four off-street parking spaces per unit,totaling 24 parking spaces. six parking spaces can be accommodated on site by parking one vehicle in each of the units'two-car garage. 945 Pacific Avenue will have three onsite surface spaces, while the remaining five units will each have two onsite surface spaces,totaling 19 spaces onsite. The remaining five required parking spaces will be leased from the 9th Street parking garage, one block to the south, which is within the 0.25-mile radius requirement from the property. The Zoning Administrator has reviewed the alternative parking plan and has deemed it acceptable. Staff believes that all other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met and that the use of the property at this location for Short Term Rentals is appropriate. The site fronts the active Pacific Avenue and is in close proximity to the amenities offered at the oceanfront. 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 units addressed as 945, 949, 953, 957, 961 and 965 Pacific Avenue, and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within each 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. An additional five parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 208 10th Street, LLC Agenda Items 14-19 Page 4 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. 208 10th Street, LLC Agenda Items 14-19 Page 5 Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022 and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 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 December 9, 2022. 208 10th Street, LLC Agenda Items 14-19 Page 6 Site Layout & Parking Plan W u d ,OAV131� 4444.:"� ,is N • Sir ! fi.f■Y f ^ ...■�w.1.fffMn: fl ; CO 't ....s. Iii 46-1 IA f. 0 'I..,w wux.af■oa...._. e dJ Y M i < i{!)(!f � yJ I. i l} �f 1i I r- I. ( `f! •° f u i3 IIIIIIii1 ✓ a d !, \11 Ii i • 1 !i - 1`'still 949 ■ � ' w 1 1 ill! ci :li`11•;� �ji 1 S In! c - .. ! 11 II 1 f1 97K C . ° a; r,, I .4;1 ) t.` 1961 ; 4 c a, '7:' Ili IIis , , 961 rt.. !1 • 1,� r .r 1 ::: A 3: • .�...�. „. �..� .._.. .fwy•'. ii ��t; a t `, !� , 4 Xi ■ ■ sill : .. ;:r 1 Lamar ce.. .aail ' t '17 i V f 111 11, er .-,i 1▪ 't i 4.!li 1 i co d. to 02 a, I^ V a, a, a, a, Q, ar a c n: toea 'al Y U L V Q 4 a N N. N V�1 v 1a 1 ` I ` I ` ` lE ` I ` to a O a, O a, a, O a, y O a, W O a, y O ar a, va, y o 0a V O 0a... O 0a_ O 0a= O 0a: O 00 'O N - ,n2 U1 -c '2 N 11 f`a - (V j T3 RI N w - O 0a c O to O 'C O 0a O .0 O to O O to O C O 0a O .''1 c 208 10th Street, LLC Agenda Items 14-19 Page 7 Site Photos i E _ III _ al ii! *41111Yi. -----' "1 .14- --., , _ 4*-7--_-_----ar_ ' -. : —7.---:_ . , c , ' I 1 1 1 I I.I I . . ' - ' .1 _ s 1.- I I 1.iiiiiiiiilliont, ____ , Eta..,__'I :I:: -,1' -.:-.::‘-' ii- Am 208 10th Street, LLC Agenda Items 14-19 Page 8 Disclosure Statement Disclosure Statement city of Viryirda Both 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 208 10th Street LLC Does the applicant have a representative? I Yes ❑No • If yes,list the name of the representative. Edward Bourdon 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) Chris Ettel,George Clarke,Michael Etter,Laney Ettel • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(Ili)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiiiated business entity relationship include that the same person or substan:ially 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 208 10th Street, LLC Agenda Items 14-19 Page 9 Disclosure Statement Disclosure Statement Cit Virrniaate Planning&Community ........._.. Development it 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 ❑ No ▪ If yes,identify the financial institutions providing the service. Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current ano 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?IN Yes ❑No • If yes,identify the firm and individual providing the service. Wi liam F.Nagle,CPA,PC 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the appiication or any business operating or to be operated on the property?111 Yes ❑No • If yes,identify the firm and individual providing the service. Carroll Johnson,Residential Designs LLC 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage 208 10th Street, LLC Agenda Items 14-19 Page 10 Disclosure Statement Disclosure Statement Cily e'Vitpndo Beach Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated or the property?I Yes ❑No • If yes,Identify the company and individual providing the service. VB Homes Design Build LLC;Chris Ettel,Member 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑No • If yes,identify the firm and individual providing the service. WPL Surveyors and Engineers 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Harry R.Purkey Jr.PC;Eddie Bourdon 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 ignature Print Name and Title Chris Ettel Date Is the applicant also the owner of the subject property? El 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 11/29/2022 Signature .11' Print Name Brandon M. Hackney Revised 11.09.2020 Wage 208 10th Street, LLC Agenda Items 14-19 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 208 10th Street, LLC Agenda Items 14-19 Page 12 jyr-_ V ail : I 1. t £-% i ti 1 1 i t s. , n 1.- r_ , �� � psi ';;_ ^'.. \.1 OA imiog _ l lip sn3Q7S drip - 2,y...c Z"1 IS 0 y l' 411111111\ 77- 'ti, 4 sie uaa wal 1oLIS 7,:ft--att I\ \\ ii 001111111 1-S or- la"-‘1) :). jt tri•A ,r0717 ..a----1-Z .. R. . ,..-ft i . 1- - -i.A3,. --?M „ Ma A 14,,_.... 1. 11- --- .—\,,,_: ,. - _ n_ D.A.. . o ._ - ,. 7\ ., . , 4 1 IL • i ppiov,- 6-11 • b• -uld ''.- , . ...f, II , 1 i 1 vd: 4.., .,___ _ ii A . ---.0--- ---:- , A-all4, i t „Alt:, _- •,. fitto .„... _ t_77-.c.i\I . ....1 ...,,44.,‘,/gid wigs Ask iika,,,___ ..... ......4-v, . Awriti,\ ' --,-\---'9- \ ,r,....- ---44k., . ,. .4,...r, -,,„- 7,„,,,,,, 0 uoir---7ifki-7-----\---A\tvi_.!?,: \.* ------- T - , .. _____-__4) . .. % .,\, 1...).),. 1 ____05. ,,v.___7 __.46, ___:_-- 41 i. 0.,.... v,A,c:C ' --7"Z=4;c:13 • - .10-114.‘d-TY. .. t s, ? \ . Dli 133WIS HIOI 80Z dVW All N IDIA HIS Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Items # 14-19 208 10th Street, LLC (Applicant & Property Owner) Conditional Use Permits (Short Term Rentals) Addresses: 945, 965, 961, 957, 953, 949 Pacific Avenue RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, Mr. Redmond. Next one is items number 14 through 19, Conditional Use Permits for short-term rental at 208 10th Street. Welcome sir. Mr. Bourdon: Thank you Mr. Weiner. Mr. Chairman, and members of Commission.Again, Eddie Bourdon, Virginia Beach attorney representing 208 10th Street, LLC. All the 21 conditions as recommended in the staff report are acceptable to my clients and appreciate Brandon's work on the applications. Thank you. Mr. Weiner: Thank you. Any opposition to this being placed on the consent agenda? Hearing none, Ms. Cuellar read this into the record please. Ms. Cuellar: The applicant is asking for a Conditional Use Permit for short-term rentals. There are six four bedroom units. They are located in the Oceanfront Resort area and the property addresses are 945, 965, 961, 957, 953, 949 Pacific Avenue. Staff has approved it. The conditions have been accepted and we want this to be on the consent agenda. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So Planning Commission places those on the consent agenda. So the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So the motion is made by Mr. Wiener? Is there a second? So second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 945, 949, 953, 957, 961 and 965 Pacific Avenue, and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. The garage space within each 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. An additional five parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 1111;PIR5D 1 S rest 22nd a_- /- ____-- __ \\ 1, % R \ . C:\liR \ \ \ , 22Stce8t I � t------ OR N re Site W., �. �Property Polygons Host My Home, LLC ��y O Zoning 529 22nd Street S Building Feet 0 510 20 30 40 50 60 ram. "i 2,,. ......) CITY OF VIRGINIA BEACH \.._ AGENDA ITEM ITEM: HOST MY HOME, LLC [Applicant] DAVID DOWDY [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 529 22nd Street (GPIN 2417986545 ). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: December 13, 2022 • Background: The applicant is requesting to operate a five-bedroom Short Term Rental in a residential townhome dwelling located at 529 22nd Street. The townhome was constructed in 2017 and lies on a city block bounded by 22nd 1/2 Street to the north, Baltic Avenue to the east, 22nd Street to the south, and Mediterranean Avenue to the west. It was determined that the applicant previously advertised and rented this property on a short-term basis, as shown in the table below. The listings have been removed and reposted several times since Intake of the Conditional Use Permit Application on June 3, 2022. The listing was most recently removed on July 19, 2022 and is not currently advertised. The issuance of a Conditional Use Permit will rectify this issue of noncompliance. At this time, the property is only being listed as a long-term rental, for a period of greater than 30 days. • 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 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 manicured appearance and structure's coastal modern farmhouse architecture align well 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 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. Host My Home, LLC Page 2 of 4 • Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 529 22nd Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions 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 Host My Home, LLC Page 3 of 4 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). Host My Home, LLC Page 4 of 4 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. • 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: "1 , Applicant Host My Home, LLC Property Owner David Dowdy Agenda Item Planning Commission Public Hearing November 9, 2022 ,r,��t City Council District District 6,formerly Beach 20 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approvaler - (pla— - • rili Staff Planner 44, `'( t 0 _ Garek Hall Hannigan % \ ��_ 0 Location ! WI,Street� ` f �- 73, d H all el 529 22nd Street B Street , �_ ...3 A Street • .�� sior ipolli GPIN Now w 24179865451$ WO Illier1111111111.miala Site Size litwww011111101111111160/11.1111 2,795 square feet Existing Land Use and Zoning District Townhouse Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 22nd 1/2 Street (Alley) "'` _ tl Stee.. _'1. r Multi-Family Dwellings, Duplex Dwellings/OR F *. ; - Oceanfront Resort _ L _ T l�r :,- ,;.... r South ,:,' �, " ___„, '�.► 22nd Street . ,,, d ,ma's Single-Family Dwellings, Multi-Family Dwellings, . 4a" ` .•off , ,t` -. Duplex Dwellings/OR Oceanfront Resort !., r ge ': A •-is ‘ voitl..........- _ -- East t ` • -�` Townhouse Dwellings, Attached Dwellings/OR _ A`� Oceanfront Resort ' 7. '- _y :l f West k., _ ,> _ _ -i .- i Townhouse Dwellings, Attached Dwellings/OR v, ." > .;'i ' it ' Oceanfront Resort ` ids -- ' .,a '� ikt Host My Home, LLC Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • This 2,795 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this four-bedroom townhome was constructed in 2017. • Staff inspected the site on July 11, 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. • 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 was previously registered with the Commissioner of the Revenue as a Short Term Rental,though registration expired on July 31, 2020 and was not renewed. • It was determined that the applicant previously advertised and rented this property on a short-term basis, as shown in the table below. The listings have been removed and reposted several times since Intake of the Conditional Use Permit Application on June 3, 2022.The listing was most recently removed on July 19, 2022 and is not currently advertised.The issuance of a Conditional Use Permit will rectify this issue of noncompliance. • Known Short Term Rental activity as of October 19, 2022: • Date Rental Listing First Advertised: March 7, 2018 • Listing Activity Since Conditional Use Permit Application Received (August 15, 2022): • Total Host Compliance Documented Stays Since Intake: 3 • August 18, 2022: Listing Removed • August 22, 2022: Listing Reposted • August 26, 2022: Listing Removed • August 29, 2022: Listing Reposted • October 6, 2022: Listing Removed • October 10, 2022: Listing Reposted • This unit has been used as a long-term rental unit in compliance with the Zoning Ordinance. CURRENTLY ADVERTISED AS STR LAST KNOWN STR RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No August 2022 No Host My Home, LLC Agenda Item 20 Page 2 Short Term Rentals in the Vicinity 2 th #\1'W...'L-as) ,_\ . _ v_____ street 5 , _____44s_______-----\1___ :::C'e\.3::::c\ \ -i �� �`---\ -.--- --=_ 11013,__Al'.1‘ 44 \t_k\ \_str.eer, . sa?:,_.-:), . 4 ' t . _ 5- I"-_--/-L----- --- \ — 044 \ a 01 I w I. \\ , e\ -' - T', itaffak ' ! .. ; `' 11 �Illk __ ---_ - -: . .. � t �► ''+�1i f 11 -� Y >. o tree VIC:13 idtiC 4 \ Short Term RentalsIP ...• ,5 CU Illisi y:.F: 104 ' -e i{ � `St e 1) .t- is 7 tie Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a four-bedroom, 2,621 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: 5 • Maximum number of guests permitted on the property after 11:00 pm: 10 • Number of parking spaces required (1 space per bedroom required): 5 • Number of off-street parking spaces provided: 2 Host My Home, LLC Agenda Item 20 Page 3 �qd sue" R015T 1111 Et. -- 3 Zoning History # Request 1 MDC(Communication Tower)Approved 06/21/2022 2 CUP(Short Term Rental) Denied 08/25/2020 out wet3 CRZ(A-12 to Conditional RT-3)Approved 12/09/2008 - 1 I i OR - V OR 15�µat15«get OR 1 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 five-bedroom, 2,621 square-foot Short Term Rental in a residential townhome dwelling along 22nd Street.The parcel is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, where Short Term Rental use is to be expected. Constructed in 2017,the structure at 529 22nd Street lies on a city block bounded by 22nd 1/2 Street to the north, Baltic Avenue to the east, 22nd Street to the south, and Mediterranean Avenue to the west. The surrounding area is composed of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, hotel resorts, and other resort-oriented uses. The subject property is near the eastern terminus of Interstate 264,which serves as a main gateway to the Oceanfront Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030,the 21'& 22"d 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 manicured appearance and structure's coastal modern farmhouse architecture align well 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 two assigned spaces at the rear, off of the 22"d%Street alleyway. An additional three spaces are intended to be leased off-site,from the 25th Street garage, on an annual basis.The applicant has provided a signed "Intent to Lease Off-Site Parking"for the three additional spaces. Given this, Staff is recommending a condition which would require the applicant to receive an approved parking plan from the Zoning Administrator prior to approval of any yearly Short Term Rental permit from the Zoning division. An application similar to this one was withdrawn by the applicant previously due to a repeated history of noncompliance with the requirements of the Zoning Ordinance:The subject unit was utilized as a Short Term Rental on numerous occasions without an approved Short Term Rental permit and without being registered with the Commissioner of the Revenue. Additionally, Staff had received a number of complaints pertaining to the continued operation of the property Host My Home, LLC Agenda Item 20 Page 4 as a Short Term Rental without the required Conditional Use Permit and subsequent Zoning Permit. As Staff was inclined to recommend denial of the application at that time,the CUP application was subsequently withdrawn. It should be noted that while the application was requested to be withdrawn on August 6, 2022,the property was reposted for rental on August 11, 2022, and hosted two stays in August, despite knowing that the use of Short Term Rental was illegal, knowing that the unit was not registered with the Commissioner of the Revenue, and having already withdrawn a CUP application. Given this, Staff is recommending a condition which will require the applicant to be registered with the Commissioner of the Revenue prior to approval of any yearly Short Term Rental permit from the Zoning division. As the requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can reasonably be met with this application, Staff recommends approval of this request, subject to recommended conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 529 22nd Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions 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. Host My Home, LLC Agenda Item 20 Page 5 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. Host My Home, LLC Agenda Item 20 Page 6 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 11, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 24, 2022, and July 31, 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 July 25, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on August 4, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 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 December 9, 2022. Host My Home, LLC Agenda Item 20 Page 7 Site Layout & Parking Plan (� ASPHAL T -- ii: .... ..... .q.- .....- 1 av_K t: _ i - ' I \ Reserved - , tc- I Parking for 529 1 22"St -\ ,-, --1__ --:--- ;\44-..:2.,' i - ;',Askik''.--: R! '! v Aint,111-. ir' • ts. kt-v411101*41, 1...,:..- i Ni- 1,'.'y' i IT5)1C kca— .__ m_ __ __ __ _ L.__ 4011 __ (5)IG— 1 (6)N— (6)N— `. — :1 !SIG � I lii ,, I T ill" , • o. (12)Is • .• i 1 O. o • i o o 529 22 nd St ' I. % i. Gig 5-bedroom •14 i •% 4 0 oMetownhouse ' ` ii. • m (202 RS • ! + O (2)PT (1)RR ( ) • 1 0 2' ' (2ZPT (1)RF ' (2)PT (1)RR C � i (1)RR y • •� (2)PT '{' ..;w V��h modle, i 1 I. { ....... Oil 1!CO*O.A0 ' (8)RFw.— I F . (5O15 (7)RF • 5-Bedroom Unit �- .-4..,,. G - vi. : 717 µ 1. • 2 Assigned Parking (1)AG (1)Ae Spaces in the Rear \ • 3 Parking Spaces to ' \ be leased Off-Site b Host My Home, LLC Agenda Item 20 Page 8 Site Photos ,. . i t - _ .. , ' _.•%,..---,..-.--- •I/ 1 - --"---- -, ,7410 misinimagaillig= ...-1_.,... all IIIIIIII NMI II=Mil ioNN F .ii. inn piAR --. .......,_, -- , illIMI \ 4iff , i Mfr I i . p \ 8 i 4 i , •,. A,., _ _,...... - 4-4 -14001- _1011. iir Ow ../..--; \-- ...... . ..... t 4 "T" Ito ... IIIIII III '9 •'", ' L.L.-...' '''‘. ' ', f.--,,Cf 1 -iti -1.-- , %,444iit,,,, 1711r-r.; -," ' 1. ..‘-.-,-'.. ""- - ... . - • r. • >t ,.. „„.,..., _ ifir••••••••••••1* 111111111 = i.. 4' ' .1.4':. ''' ' '4 , .-- -,.-z. ,z- IMagiii , ' r F-7:'''' ,•:". '4 . ...0•-7, t" it__ "0• ''' •.• - ,, .•,*;','-'- -1 I, '.-ri,'"' ......-.- ,,4.•!.,, '' i' ' i ,.e. .,...; , _ ) ,,--It 1 . . . . i-\_., -•..-.;54.-' :. :. - __;: i, _,`...t'si' -4: -4 ' i>. 4,-.-,-:7,4_:-•,- .4-?::?$'..,.+, ' - ' -7t-iii.. ._ , - • .... -, , ,...........,___. ..„,, • _________________...1._....... . _ , . ...... . , . , ,..,...;,. ,- Host My Home, LLC Agenda Item 20 Page 9 Disclosure Statement sirac�re ver,,cec" Disclosure Statement " V113 City"%'iytan Balch 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 Host my Home LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Sierra Alderman 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) Sierra Alderman-Owner • 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 Host My Home, LLC Agenda Item 20 Page 10 Disclosure Statement virleiabeit Disclosure Statement Vlfc� cif y oni yr„i litun Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes It No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? D Yes • No • If yes,identify the company and individual providing the service. 3. Does the 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?E 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?C Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,icentify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Host My Home, LLC Agenda Item 20 Page 11 Disclosure Statement .ijiature.-=:r•: Disclosure Statement Ca y tiViry,:en&mit Planning&Commun' 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 U 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 I 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,CEPA,Wetlands Board or any public body or committee in connection with this application. UGC 14e 4 4'4K o�rac-ixzc etr Applicant Signature Sierra Alderman,Owner Print Name and Title 4/28/22 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 th.-t p'rtains to the applications itval No chances as of Date Signature 11 29 2022 _ Print Name Garek Hall Hannigan Revised 11.09.2020 3 i Host My Home, LLC Agenda Item 20 Page 12 Disclosure Statement Disclosure Statement Ahr3 cdy ofViry;:u R4Ixia Planning&Community Development 111106 Owner Disclosure Owner Name David Dowdy Applicant Name Host my Home LLC Is the Ov.ner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ® No • I'yes list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • 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 a No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2,2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. Revised 11.0.9.2u20 5 Host My Home, LLC Agenda Item 20 Page 13 Disclosure venficatai Disclosure Statement \13 Clic Vinjiniu Stull 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 applicatior or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. Sierra Pacific Mortgage 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the 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?0 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?C Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes • No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes a 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 N No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Host My Home, LLC Agenda Item 20 Page 14 Disclosure Statement ••xp:WUM.•; sctosure Statement Cit y of Vi,yirio 5tuch Planning&Commuw' .s 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?El 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 beer scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Zaet;e0"^"J'� pv IL ;AEA kW/-�IYSOG Owner Signature David Dowdy Print Name and Title 4/28/22 Date Revised 11.09.2020 7 1 P d g r Host My Home, LLC Agenda Item 20 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Host My Home, LLC Agenda Item 20 Page 16 ....„ . .. ,_._..,.... , ____,,, .,, , ... ,_ �,-,' � - ��� ,,v_________ ,�� ��;.., � `max'` ' . i' -re)) -.,-.A„:,:,0 ,\'\ ,,,eC.,\..,\i0-.5,-s-_ ,� _mil~ -41J,. ". _-__:� _I4 & ,mo \,--._ ti1..1. \\ 1 ,_I_R_6li -_- - - 1 \l �11. 1 c., Ii 1' ki ..\ _____-:----1,0 '-'-': '-'14 ' ' .. ,ileS , \.--.03:)1.----..' ''lifie 12 1 \- ‘1.-111.11011,11*____ --4.11 S� 5 _ - �, i .. l � 1i Y 'C S .y y� J. �� �� i 55I 1 .-�.- CL ik: . - T_Ti NI.*4.--- \ 'tiP la 1 1 ---- - 'r . - ".; 0 \ .-°'7' --'-*1-; (97-42--16 Cr '' -- •-•---1 N , :::-• 'c \ill.'iiiiiiir- -51"'---- ' - I ', ...i \. iii.--iiik.\ 1. =B ad -2S N .- C ' ' ` --- SST ,i r ti, _ � _ C' 1= CO y t dy $ 13 Jf 111) - U r� M dot= \ S ;,ti -�, y'� ,,v \�1 � � �l I 1 1111 I 1 �, r lics-- 1 -- � "mi ViAlic--- � k ., �1� .'' ern. /. \I\I • , )1.-rJ,,,,,,los . \ , �l _ L--, 'ti00 p T. ti, -I, .5 \‘'' \,10011001 \ .‘ ik \\,\ E L u 41 F � CCh G � Iji L N ! I 1 1 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Item #20 Host My Home, LLC (Applicant) David Dowdy (Property Owner) Conditional Use Permit (Short Term Rental) Address: 529 22nd Street RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you ma'am. Next is item number 20. Host My Home LLC, David Dowdy, Conditional Use Permit for short term rental of a 529 22nd Street.Welcome, please state your name for the record. Ms. Alderman:My name is Sierra Alderman with Host My Home, LLC. I'm representing David Dowdy for 529 22nd Street. We agree to all conditions and let me know if you have any questions. Mr. Weiner: Great. Thank you. Is there any opposition to this being placed on a consent agenda? Hearing none, Mr. Redmond would like to read this into record please. Mr. Redmond:Thank you, Mr. Weiner. Agenda Item application number 20, Host My Home LLC is a Conditional Use Permit for short-term rental at 529 22nd street. This application broadly meets the requirements of the ordinance, finding no objectionable items we therefore recommended for consent. Thank you. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So Planning Commission places those on the consent agenda. So the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So the motion is made by Mr. Wiener? Is there a second? So second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 529 22nd Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions 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. LOR street 1 9th • fff9/ OR OR A Site wANL-F Property Polygons JD Enterprises VA, LLC 512 19th Street Zoning s Building Feet 0 510 20 30 40 50 60 etak 4u it.); 4y, • -� • vv` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JD ENTERPRISES VA, LLC [Applicant] LOROM, INC. [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 512 19th Street (GPIN 2427070312). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: December 13, 2022 • Background: The applicant is requesting to operate a Short Term Rental in an existing single- family residential dwelling along 19th Street, near the intersection of 19th Street and Mediterranean Avenue. The subject site is within the Oceanfront Resort(OR) Short Term Rental Overlay District. Additionally, this property is located within the ViBe Creative District. It was determined that the applicant previously advertised and rented this dwelling on a short-term basis, beginning on November 12, 2021. However, this dwelling was not rented after the intake of these applications on September 12, 2022 and has been in compliance with the Zoning Ordinance since September 29, 2022, when the property listing was removed from the Short Term Rental websites. • Considerations: The subject property is located between the Convention Center and the Oceanfront and is in the VIBE Creative District. In addition to this application for 512 19th Street, the applicant has also submitted applications for 16 proposed short term rental units at the adjacent property, 516 19th Street, resulting in a proposed 17 short term rental units between the subject address and 516 19th Street. To accommodate the required parking for both properties and all 17 STR units, the applicant has created a plan which utilizes the parking lot on the subject property, the parking lot on the neighboring property, and a parking lot located across the street at 513 19th Street, all of which are under common ownership. This parking plan provides the 2 required parking spaces for the dwelling at 512 19th Street as well as providing the required spaces for the STR units located on the neighboring parcel, 516 19th Street. 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 November 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. JD Enterprises VA, LLC Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 512 19th Street. Additionally, the Short Term Rental use shall only occur within this dwelling unit. 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. JD Enterprises VA, LLC Page 3 of 4 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 JD Enterprises VA, LLC Page 4 of 4 alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department - p m9City Manager: Applicant JD Enterprises VA, LLC Agenda Item Property Owner LOROM, Inc Planning Commission Public Hearing November 9, 2022 City Council District 6,formerly Beach 21 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation M_ " Approval • ot ►+. ba • F • Staff Planner .,1. OS:00 Garek Hall Hannigan lle1111110111.„-a Iti i.7 .. ..............., s*`-'4,1. '. • 1101 Location �, - 512 19th Street -Ik, 1t lig ate` III 1 G PI N _ ,� oevard 0 gcsh� � \._________i 2427070312 9.te , �rtb V.14th ate = n n Site Size p 150,9'eet A 19,110 square feet la,%tee'y' - oe1 ) 1 l n V 'th Meet q ( 110 Existing Land Use and Zoning District T-�- —coa eO- ,eAreet Single-family Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 19th Street :. Multi-Family Dwellings & Office/OR - r If. -. �" a7.1, : s„,,,,,_ ,: ,,,,...:::„....„,p,::::7 st\ �!Oceanfront Resort - 1 - Y;:South Multi-Family Dwellings/OR Oceanfront Resort i . „•r+ ei i' East " •.e: ,. sU Residential Dwellings/OR Oceanfront Resort t ; - st -- } West , 'I." fi _ -- Eatingand drinkingestablishment OR •-'- � x `` �`y✓�', w� Oceanfront Resort .,_<; 's••� - ,' JD Enterprises VA, LLC Agenda Item 21 Page 1 Background & Summary of Proposal Site Conditions and History • This 8,680 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this 964 square-foot structure was constructed in 1939. • The applicant is also requesting an additional 16 STR units at the neighboring property 516 19th Street • Staff inspected the site on July 22, 2022 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 19th Street. • It was determined that the applicant previously advertised and rented this dwelling on a short-term basis, as shown below. However,this dwelling was not rented after the intake of these applications on September 12, 2022. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • The known Short Term Rental activity at the subject address as of October 14, 2022, are as follows: o Date the dwelling at this property was first advertised by the applicant (per Host Compliance): November 1, 2021 o Date of Conditional Use Permit Application intake: September 12, 2022 o Total documented stays on this property after intake (per Host Compliance): No documented stays o Date dwelling listing was removed at this property: September 29, 2022 UNIT CURRENTLY ADVERTISED LAST KNOWN STR RENTAL UNIT REGISTERED WITH THE COMMISSIONER OF THE REVENUE No July 2022 YES JD Enterprises VA, LLC Agenda Item 21 Page 2 Short Term Rentals in the Vicinity 24th tree , - 1 al IL� 1. its_ l �2 Ti t .��s�ree` r*c� \---1 .---, 1 � �n t `faa *� 'V iti lit __pst . f = ` sir e _,__A ` ani\ 11�'nr� .„2 . ic-1:2\ .4---1_____7 --V . orit, ---,•-=-------AS , 1 11 w_4_11a11n t�l�`w 1 ,,m .1 'Vh 1 d `11 -'r- -ram- i A 4 —►t► 1; 1VII t- _1 11 r_ °' tnt It'I a 1 .1 �1' 6 1. •Short Term Rentals ,_, 0 110111111r • ' - ------------ - - \ -------\ t c� i CUP Sht, 0110...git----- a\ • ..- . -1311 0 1 ;4 I I a-,, 7 R ..' Or---) - \-zp...ix, Summary of Proposal The applicant is requesting a Conditional Use Permits to operate a two-bedroom dwelling as a Short Term Rental. 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 (2 per bedroom):4 • Number of parking spaces required for STRs (1 space per bedroom required): 2 • Number of parking spaces provided: 2 Parking Spaces JD Enterprises VA, LLC Agenda Item 21 Page 3 Zoning History ' # Request R 1 CUP(Craft Brewery&Open Air Market)Approved °R 11/07/2017 2 STR(Short Term Rental)Approved 06/06/2021 3 CUP(Outdoor Recreation Facility)Approved a / _ 06/08/1999 OR OR S 4-7 STR(Short Term Rental)Approved on 08/25/2020 �� STR(Short Term Rental)Approved on 06/09/2020 STR(Short Term Rental)Approved on 02/18/2020 OR OR a 1 X.1111111 STR(Short Term Rental)Approved on 02/04/2020 a_ _ 8-10 STR(Short Term Rental)Approved on 08/18/2020 o- 1 STR(Short Term Rental)Approved on 08/18/2020 m ''° �R� STR(Short Term Rental)Approved on 6/09/2020 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 Short Term Rental in an existing single-family residential dwelling along 19th Street, near the intersection of 19th Street and Mediterranean Avenue.The subject site is within the Oceanfront Resort (OR) Short Term Rental Overlay District. Additionally, this property is located within the ViBe Creative District.This dwelling, located at 512 19th Street,was constructed in 1939, according to City records. The surrounding area is a mixture of multi-family dwellings, commercial retail, and eating and drinking establishment uses which are typical of the Ocean Resort and ViBe Creative District. It was determined that the applicant previously advertised and rented this dwelling on a short-term basis, beginning on November 12, 2021. However,this dwelling was not rented after the intake of these applications on September 12, 2022 and has been in compliance with the Zoning Ordinance since September 29, 2022, when the property listing was removed from the Short Term Rental websites. In addition to this application for 512 19th Street,the applicant has also submitted applications for 16 proposed short term rental units at the adjacent property, 516 19th Street, resulting in a proposed 17 short term rental units between the subject address and 516 19th Street.To accommodate the required parking for both properties and all 17 STR units, the applicant has created a plan which utilizes the parking lot on the subject property,the parking lot on the neighboring property, and a parking lot located across the street at 513 19th Street, all of which are under common ownership.This parking plan provides the 2 required parking spaces for the dwelling at 512 19th Street as well as providing the required spaces for the STR units located on the neighboring parcel, 516 19th Street. Based on the considerations above,Staff recommends approval of this Conditional Use Permit application, along with the recommended conditions listed below, due to the applicant working to bring the property into conformance with the current requirements of the Zoning Ordinance. JD Enterprises VA, LLC Agenda Item 21 Page 4 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 512 19th Street. Additionally,the Short Term Rental use shall only occur within this dwelling unit. 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 JD Enterprises VA, LLC Agenda Item 21 Page 5 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. JD Enterprises VA, LLC Agenda Item 21 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022, and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 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/BookmarkedAg nda.pdf on December 9, 2022. JD Enterprises VA, LLC Agenda Item 21 Page 7 Site Layout and Parking Plan r ii , UK rwiEMOAr: ---. ,; 1-NiPit 7./.... PARKING LEGEND r I mud_ On site parking spaces j I1�' 1 19 r }�__ -_ 99'4 I 3 Off-site parking --- ---T = - spaces W , 21 rl'n.' ; . : N/---.....— .,.; I i t&i.. A-�IrdP&A. • JD Enterprises VA, LLC Agenda Item 21 Page 8 Off-site Parking Location „..... fie://_,/ Lob .` �. r .• - v ---- , v - . + ..i., % - ' moot . _- th d „� :-1.1_ 51319 Street, - ` Off-site parking 1:- 7:: "),,,e, . 1 , 4 _ f „ ,„ , / 4400.116 lip" -._ . . ... , , ..... _ .... .; -,I.- _ il II ---- :- 512, 516, and 518 - -.—_- 19th Street It • $ 77,. it' .,6 ,AI \\:.\. A1T'-'-'- " 1.....:„.1..1 , ......., \ ftl - ,...1. . - ___,-.........•„,,ia 21 _-, ' 0 - i 400kj.....imi s. . f 7 JD Enterprises VA, LLC Agenda Item 21 Page 9 Site Photos tatudic a # # I _,y •mot-1M . hill*: • ' _ a w.. a r 11 as — •• _ , go 4 i . ._ to • S .Y 4 • - 41 1, 4 _ _--- _ ,,,„ ______ _,. ____ . _._._._._____ ._ .,... .„. .;,,,„ . . ., . . II -iiii - - Al f + mom l• ' ' tie i r !ff.A jilt r 1 1 .7 . I 140-1111k.amit iiifrii 4.4 maami iiia —-,- —fill ---I._ _ , f r. .411 JD Enterprises VA, LLC Agenda Item 21 Page 10 Disclosure Statement Disclosure Statement 4nai Planning&Comti�unit} Development �.• The disclosures contained in this form are necessary to inform public official:.who may vote on the application as to whether they have a conflict of Interest under Virginia law. The completion and submission of this form is required for ail applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City t.cwncil or a City board,commission or other body Applicant Disclosure Applicant Name JT 4tr. Ve.S...1/g 4 LA— Does the applicant have a representative? ❑Yes • it yes,int the name on the representative 11 the apphtant a eurpoe8laom,partnership,firm,business,trust or an unincorporated business? ZYes ❑No • i yes,list the names of all officers,erectors,members.trustees.etc.below (Attach a list if necessary; - v 4 s i c4_,__%.4 VIL.S - - _ . "Su►S 1�1 -TA y 10 r _ - • If yeS,,list the businesses that have a went-ubsit ry'or a'f1wted business entity'relationship with the applicant. (Attach a list if necessary) t crpn,v4S VA, LLL ''Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns stares possessing more than 50 percent of the voting power of another corporation' See State and t cca:Government Conflict of interests Ati,VA Code 4 2.2-3101. 2'Affiliated business entity relationship"means'a relationship,other than;went sierudisry relationship.that exists when(i)one bus.necs entity has a controing ownership interest in the other business entity,(ii)a controlling owner in one entity is also a rentm$ine ownrrr in the other entity.or(ii)there is shared rrtanaeement or control between the business entitles. Factors that .new ore sr..+aJ..re I,.Aw.w.mt..iwd/ .,r•..rwr.n..ati.n..v7.,44#that fhw cornoisorartro AI 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 wanting relationship between;he,ii'.tie•' See State and local Cxrrernrr nt Conflict of Interests Act,Va Code 4 21.3101. Revised 11.09.2020 1 P a g JD Enterprises VA, LLC Agenda Item 21 Page 11 Disclosure Statement Disclosure Statement Orr f raVe.:alcut Planning&Cornm1]nitl' Development Known Interest by Public Official or Employee irotes an official ix employe:v of the City of Virginia Beach haw an interest in the subvert land or any proposed development contingent on the st,b,ect pLblec.ectr W' . I YeS Gar tl0 • it yes„yr'ut is t'e i.:iic of ow official or employee and what is the nature of the interest, Applicant Servkes 2. Does the applicant have any misting Rnandr*finortgage.deeds of trust,cross•(oltatereLzation.etc)or arr they coml.:feriny any financing r't connection with the wbfeet of the application or any business a;7,rrt:ng of to be oo l.itedd on'rx•lrtnp.,rtt„ ❑Yes L7if No • it yes.identify the financial institutions providing the service 2. f)oes the.ipptitaret have a teal estate broker/aCant/rcaltor for current and antec,ipated future sales of the subject property? ❑Yes 10 • 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�connection with the subtect of the application or any holiness operating or to be operated on the property?Lib 'Yes No • if yes.identify the firm and individual providing the serve 4 peps the appl r ant!rive services from an architect/landscape architect/land planner provided rot connection with the subie:t o' tt'e 3Gp-ca,ort or any bussness oper.iting or to be operated on the property?U Yes .l._4,'Np • if yes,identify the firm and individual providing the service `,. is tire any other pending nr proposed purchaser of the suoiect pro etty?U YeS (K IrV • it yes,identify the purciw.r,and p,urttus?s service prorrs.-rs ..ti•i.v1i' 1( P• i JD Enterprises VA, LLC Agenda Item 21 Page 12 Disclosure Statement Disclosure Statement myCri iw,► * Planning&Community Development the applicant have o construction coati n connection with the su ject of the application or arty business operalinn or to be operated on the property?0 Yes No • it yes,identify the company and individual providing the service 7 toes the applicant have an engineer/surveyor/agent in con ion with the subject of the application or any business operating or to be operated on the property?U Yes No • if yes,Fdentdy the firm and individual providing the service. 8 Is.the applicant receiving ktgal services In nection with the wbfect of the application or any business operating or tc br operatr,i on the property?Q Yes No • if yes,rcic•ntify the firm and,ndiudual providing the service 6iplkartt Slav mg. certify that all of the information contained in the.Dtsdosure Statement Rim)is complete,true,and accurate. I undet:tend that, ,,tine,rnerpt of notifv2ition that the application has been scheduled for pubiir hearing._I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CEPA,Wetlands board or any public bode or committee In connection with this application. r / Applicant Signature L' Print Name and Title 64t14- .t virS 044.eu- kr- o✓ bkikovir nate Z t. is the applicant also the uwrw-t of ttw S4abjelt gonprrtO n Yes !"1 rVO • ,f yes,you do not need to fill out the owner d=sdosure statement fOR CITY USE 4NtY/All disclosures must be updated two(2)weeks prior to Corwrission and City Council Meeting that pert9i+s to the applications ,......r... wt� 11/29/2022 ",.,.' - ... 1' i �_•P rtit r iacrlc Garek Hall Hannigan • 31 • JD Enterprises VA, LLC Agenda Item 21 Page 13 Disclosure Statement Disclosure Statement \113 Cw i.y**Ow low. Planning&Community Development Owner Disclosure Owner Name LOROM,Inc Applicant Name JD Enterprises VA,LLt Is the Owner a corporation,partnership,f ern.business.trust or an unncorporatec business? 5J Yes ❑No • If yes,stt the names of al officers.erectors.members,trustees.etc below (Attach a bstif necessary) R 1 CitCi L. eCejstti efl-y P. ;cl_e.�s • fl yes let the businesses that have a parent-subslciaryt or acid,ated business entity'relationsixp with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Vvgrva Beach -ave an interest in the subject land or any proposed development contngent on the subject public acyan'0 Yes E No • `f yes,what is the fume of the official or employee and what is the nature of the interest" `Yarent subsidiary relationshp means`aretatronshpthat rusts whenone corpora*onc5rectlyorend,rectty owns shares posseserg nem than SO percent of the voting power of another corporal on' See State and tot al Govwnrnent Lona<t of Interests Act vA Code42 2 3101 "Affauated bus ness entry relations-hp'means'a relatanshp-other than parent-subsidiary retatonship,that exists when;:one business entity has acontrolling ownership v,terestin the other business entity,(i)acontroling owner in one entity is also a controlling owner ih the other entity,or(r.)there is sharedmanagernent or control between the businessentities Factors that should be considered in determining the existence of an affiliated buss nes entity retab onsh p include that thew me person v substantially the sax'person own or manage the two er ages there are common or commingled funds v assets.the bushes entities share the use of the same offices or er►pb-rea v otherwise share amities.resources or personnel on a regular basis;or there is otherwise a dose wtriong retabonshp between the entities' See State and Loci Government Conner of-+rtetests Act va Code 422.3101 51 JD Enterprises VA, LLC Agenda Item 21 Page 14 Disclosure Statement Disclosure Statement • Pinning Sr Cammu pity Deveinprnentt owner SST s Oifklosur, D.-*the Owen ira v any vithaing financing(murti r,Ovals of trust,aoss•vvibtaralitation,au)or ma they us/waterlog arw Meanong to co- trade the sublx of ttc:pp Kahan cr any nusrw s operating cr to:c apr•ate 1 cr.the pro:,crty" Yfs a NO • Vet.,Wen'Ay Vv.Goo rtiafitrsli_Ilianiat•tidrrmgI rrs�rvtr 1. Oxs the Chine'hire a red estate Joker/ageat/rea►tor kr airi nt and ant drated Wore vies of the subject p-t►pe-hi' f res 19;No • ryes,Iriw,:dy via tvinpar'a d,dnk:wl pr lwic ire,th,r air s;a. 1 Weser Game•ha.r s•rti:rs-ar accour ttos andioc preparation al tat return;ptArlyd is cr,rvw.t,,n wi•,the•rtlrj..t cat the appllal oeur are/Llairrras tyw t r to;,V.4w .tusl urr ties iao;wity?❑Yes pa NO • Nys,i;lsrdfy.rv'rut.rd irr:ividual outfit!! N v iv!Yi;x 4 Does the Owner have services•r.in an xchitsdllarvttcape architect/land planrw it tc mitt on w.t:l tht su'vj•tt tht a.7piicatib t a'at/twsirrvs.t.yv Aug if it:t,v uwr.:ai un.Iw pros/gay?❑Yesi vac, ▪ I'rp,id.rosy:hyfrm,rrdirr}vdualt.rtwtiS Kt v bit vita S. Is exile any ether pendhtz or oroposed purchaser o'the subtat pro:eery?L Yes No • I'yes,Icentifyttecurchax-and Luc'aser;;e^AceProt,id`r, G. Dues 11r4•Cwr+rr'v.v a cunstiet.tiu+r tunt.a.lur n.u+r rv.1i;.r with II v►.UitU_f Ih.r aµp'tview:u an/hzinesr,t p►r!ting;r to oe operates o-the proxy'L Yes t Nu • Ityes,wend'?d'e ompa^yani rdi.rdual pro.id ate the scry c;. 7. Dues the Carnal a.r rn vioxingralfau,vvsw/avant+r ca v,tit.'with:'w;Lt.-tr.t_1 th..L;pi Cats, or atr,r business.per atinit or to be o:e rattd:;n rt e U Yes Mu • if ves.idtndh tt+c fie"and nd v,du:I p-:vljrng the 61 •a.c JD Enterprises VA, LLC Agenda Item 21 Page 15 Disclosure Statement Disclosure Statement tea. _ -.-. r�isrw.•a...s Planning&Community Deveippntent 8 ►the OStrer reee v rig legit sere col in co xecti-n with shr•uisets nlfo irati-n Pe any him•r.np.rdn_F, y it,h per nee ee on the properly?Li tif No • if was. dirt Iv t'se 1hm anC i•.dvid-al protild nr IQ» the SOT ta. Owner Signature I r.n'ly Out al nl•rr i*r ati in no•tai•M in t•ti~Odour*Statere-I I crm s cemp!tt true,end k'. atc i"nne•t.e-,i O.►t, twws rrtri.rt er rutir..tiurr tn.:the a:pl cation hat been scheduled to p.lslie'tenant I am rr.pnr ti htr tnr r-dr,••tit he IMormat'on prov'dol hstrgln two woods pia'to the maetin,g of Morey rt Comrniwion•Cit j C.wntii•vine CR=a,Wrtln kik R .rn or ony Obit tcd1'or;or'mince conr eclat with this:pip katior•. j • Ow•�er natu.•r i 1- r ►rit,t aLrrry•rd Tidy a f4 n O.t. • JD Enterprises VA, LLC Agenda Item 21 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JD Enterprises VA, LLC Agenda Item 21 Page 17 i't % \•ty a ar 'i • 'y :____.----27______------ • \I —7—\ '�_,_� 1I ----\\I i it ti 'mi• . ti __--+,, . , \, . , \-„,-,,-.:,.,' A.\.._._._L___.___\____po, ' --. IP*. _____„. \,,\ _.____-•• .,\ I No, \ 2,'‘) _ „,,\ { , , . a :. _ _______ _____•4„ \ or . 5 L, _- r-; _ ►. - 11:tiiSt# ..1 ', V 1, ,‘ .... ..i ..--,--- ---(1) WO silli . i 411 - 10::v. -3 14 /14 , \\---- 10\ ,.....6,1_ a 1.3 --- ' ist , \ , ___--._1 i illil-M\ . . ,..\ .,.-), . . 00.— ii.,-:-.-- i . . u 11-AW • ,, \____- , . CL. _, - ' OW 1 -- VW.' - ' ' va . Ira 14 00 00 age -1,--/". -----=,---- ., r w. .-VP 3 v.OS °I'', ' .400-\V--- , 0 ti y 'C t!, \ •-•tom ,, cn 4.111..5_.- ,\\r.0Loii:wii•i l Oilo.\ y .. ti j fir]/!, 3 ' -r_ ___ r 1 ti > LELJ lis, ____OVI 21.47.7----4--iFv.c4 iNg"• a y� L.......,: _., \ *=_--,- \ ViVii\II.. :Ld . - .., • --1),.• ., fit •1 11111_,a'v.\ ---- -fi-OV ,,,,,i, Y 51 t - -ow �� 5y i l Nli,, I \'1 r , , . \ _______ 73. •r 1 1 I 14.1' n j ti I co l' iiiii...\ %a,)-\ ., 1.- n r 1 a N P j ji____ __-.-..1I. Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Item # 21 JD Enterprises VA, LLC (Applicant) LOROM, Inc (Property Owner) Conditional Use Permit (Short Term Rental) Address: 512 19th Street RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, sir. Next is item 21, JD Enterprises for a Conditional Use Permit for short term rental at 512 19th Street. Is there any applicant? Please state your name for the record. Mr. Taylor: Good Afternoon. My name is Justin Taylor and this is my partner Daniel Davis, we're with JD Enterprises Virginia LLC. Just want to thank the Commission for hearing our items today. We are grateful to be here. It's been a long journey so far. We agree with all the conditions and recommendations that have been made and we'll do our best to make sure they're all being followed. Mr. Weiner: Great. Thank you, sir. Appreciate it. Any opposition to this being placed on the consent agenda? Hearing none, Mr. Redmond has agreed to read this one into the record. Mr. Redmond:Thank you, Mr. Weiner. Agenda Item Number 21 is an application by JD Enterprises Virginia LLC for a conditional use permit, specifically a short term rental at 512 19th Street in Virginia Beach. The application broadly meets the requirements of our ordinance and finding no objectionable items, the commission has therefore placed it on our consent agenda. Thank you. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So Planning Commission places those on the consent agenda. So the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So the motion is made by Mr. Wiener? Is there a second? So second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY O ABS O ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 512 19th Street. Additionally, the Short Term Rental use shall only occur within each dwelling unit. 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. h Street A90 OR OR1111 _ - OR OR N rA Site w.��1`. Property Polygons JD Enterprises VA, LLC 0 Zoning 516 19th Street - Units Al , A2, A3, A4, B1 , B2, B3, B4 & s Building 518 19th Street, Units Al , A2, A3, A4, B1 , B2, B3, B4 Feet 0 510 20 30 40 50 60 c ri M. ��wU 6 -ye, s l , f•,) ,y.k !;." W e N J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JD ENTERPRISES VA, LLC [Applicant] LOROM, INC. [Property Owner] Conditional Use Permits (Short Term Rentals) for the property located at 516 19th Street (GPIN 2417979219). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: December 13, 2022 ■ Background: The applicant is requesting to operate 16 Short Term Rental units in an existing multi-family residential dwelling along 19th Street, near the intersection of 19th Street and Mediterranean Avenue. As the subject site is within the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is to be expected. Additionally, these units are located within the ViBe Creative District. It was determined that the applicant previously advertised and rented units on this property on a short-term basis. Additionally, units on this property were advertised and rented after the intake of these applications. Staff informed the applicant on numerous instances that the advertising and renting of the units was not permitted prior to the issuance of a Conditional Use Permit. However, prior to the hearing at Planning Commission, the property had been brought into compliance with the Zoning Ordinance. • Considerations: The subject property is located between the Convention Center and the Oceanfront and is in the VIBE Creative District. In addition to these applications for 516 19th Street, the applicant has also submitted an application for an additional proposed short term rental unit at the adjacent property, 512 19th Street, resulting in a proposed 17 Short Term Rental units between the subject address and 512 19th Street. To accommodate the required parking for both properties and all 17 STR units, the applicant has created a plan which utilizes the parking lot on the subject property, the parking lot on the neighboring property, and a parking lot located across the street at 513 19th Street, all of which are under common ownership. This parking plan provides the 31 required parking spaces for the units at 516 19th Street as well as providing the required two spaces for the STR unit located on the neighboring parcel, 512 19th Street. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There are no known opposition to these requests. JD Enterprises VA, LLC Page 2 of 5 ■ Recommendation: On November 9, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of these requests. 1. The following conditions shall only apply to the dwelling units addressed as 516 19th Street, Unit Al, A2, A3, A4, Bl, B2, B3, & B4, and 518 19th Street, Unit Al, A2, A3, A4, B1, B2, B3, & B4. Additionally, the Short Term Rental use shall only occur within each dwelling unit listed. 2. The Short Term Rental located at 516 19th Street Unit Al shall consist of only one bedroom. 3. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short-Term Rental purposes. a) The dwelling units 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 JD Enterprises VA, LLC Page 3 of 5 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.AII 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. JD Enterprises VA, LLC Page 4 of 5 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. 20.Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a new Certificate of Occupancy must be obtained from the Building Official and the structures must be consistent with the applicable requirements of the Fire and Building code. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing JD Enterprises VA, LLC Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 6 -0 City Manager: t)\19 Applicant JD Enterprises VA, LLC Agenda Items Property Owner LOROM, Inc Planning Commission Public Hearing November 9, 2022 2 2 3 8 ,,,,, City Council District 6,formerly Beach Virginia Beach Requests Conditional Use Permits (Short Term Rentals) Staff Recommendation l ,lore ' Approval ,. 00000� of 4't \ e �� • StteeY' y3rd Street Staff Planner 8Street '� '"d Garek Hall Hannigan 22ndStreet g � - �l. r."-t: "---- � I I& Location * -„„iiiiii_0010 WO 516 19th Street, Unit Al, A2, A3,A4, B1, B2, B3, s� ��01111141� and B4 �� , 518 19th Street, Unit Al,A2, A3,A4, B1, B2, B3, neou`e"�r is 6ea6 e and B4 vrg"^ 1eo street i GPIN ....V-91 151h Stre 2417979219 141n sheet y p�1• 13th Street ip ,i 110 Stceet Site Size '�—\ 1 Street _ ,./ Street 19,110 square feet Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts Northto, s 3 --' , 19th Street — '. Multi-Family Dwellings& Office/OR Oceanfront Resort �'' age South J..- - - ,,,. � _ _ _T,,,, e _ Multi Family Dwellings/OR Oceanfront Resort !r East , 1- .y . Residential Dwellings/OR Oceanfront Resort ` �- :-`� r , 1 ' Westi r . 31. ,�.o Eating and drinking establishment/OR Oceanfront Resort _ . --.3--;:". - - A - .--.-5-_---- - iii Vtli 1 JD Enterprises VA, LLC Agenda Items 22-38 Page 1 Background & Summary of Proposal Site Conditions and History • This 19,110 square-foot lot is zoned OR Oceanfront Resort. • There are two separately addressed 3,161 sq.ft. structures on this lot, 516 and 518, which both contain 8 dwelling units. • According to City records,these units, located within the previous Paradise Resort Inn motel, were constructed in 1967. • This request is for all 16 dwelling units on the property. • The applicant is also requesting an additional STR unit at the neighboring property 512 19th Street • Staff inspected the site on July 22, 2022 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 19th Street. • It was determined that the applicant previously advertised and rented units on this property on a short-term basis, as shown below. Additionally, units on this property were advertised and rented after the intake of these applications. Staff informed the applicant on numerous instances that the advertising and renting of the units was not permitted prior to the issuance of a Conditional Use Permit. • The issuance of a Conditional Use Permit will rectify this repeated history of noncompliance. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Due to the nature of this site, specific details for the individual units are not known as the listings were not directly associated with unit numbers.The known Short Term Rental activity at the subject address as of October 14, 2022, are as follows: o Date rental units at this property were first advertised by the applicant (per Host Compliance): November 26, 2019 o Date of Conditional Use Permit Applications intake:July 1, 2022—October 10, 2022 o Total documented stays on this property after intake (per Host Compliance): 84 documented stays o Stays were documented in July, August, and September(per Host Compliance) o Date rental units listing were removed at this property: September 29, 2022 UNITS CURRENTLY ADVERTISED LAST KNOWN STR RENTAL UNITS REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2022 Yes JD Enterprises VA, LLC Agenda Items 22-38 Page 2 Short Term Rentals in the Vicinity :ti}1 1t rcf► 1 t eet 4%-t t . - --,'~ \ `t it ` ;:. --x - 1 s - --264 ti----c-:).\, _ -1\ a, __ _______- 19q -_- AI .-,---,7-.7_7;- , ---- --- SOO 111 —5 _ -—^ lel 4. ot} rd t a Short Term Rentals - a s O%%b ee 1 6t p -. ,� i� l '15t t t CUP Status t1 �. ...a sill --�� ��I ROSS NO - -..-1---=---11-n7:_1: \ s•(/'\--' Summary of Proposal The applicant is requesting 16 Conditional Use Permits to operate 1 one-bedroom unit and 15 two-bedroom units 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: 516 19th Street Number of guests Number of Parking Unit Number of Bedrooms permitted after 11 p.m. (2 per bedroom) Spaces required Al 1 2 1 A2 2 4 2 A3 2 4 2 A4 2 4 2 JD Enterprises VA, LLC Agenda Items 22-38 Page 3 B1 2 4 2 B2 2 4 2 B3 2 4 2 B4 2 4 2 518 19th Street Number of guests Number of Parking Unit Number of Bedrooms permitted after 11 p.m. Spaces required (2 per bedroom) Al 2 4 2 A2 2 4 2 A3 2 4 2 A4 2 4 2 B1 2 4 2 B2 2 4 2 B3 2 4 2 B4 2 4 2 • Number of parking spaces required for STRs (1 space per bedroom required): 31 • Number of parking spaces provided on-site: 16 • Number of parking spaces provided on adjacent site: 14 • Number of parking spaces off-site: 3 Spaces at 516 19th Street Spaces at 512 19th Street Spaces at 513 19th Street 16 14 3 JD Enterprises VA, LLC Agenda Items 22-38 Page 4 i —--\ \ OF \ ? \\ \ . OR o; 0 0 19",s°`e` —_ - Zoning History . OR # Request •"/ 1 CUP(Craft Brewery&Open Air Market)Approved 11/07/2017 2 STR(Short Term Rental)Approved 06/06/2021 OR111Z 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 s 0 0 shotehsm C"6 o greet `�, r'J 1 , ,la 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 16 Short Term Rental units in an existing multi-family residential dwelling along 19th Street, near the intersection of 19th Street and Mediterranean Avenue. As the subject site is within the Oceanfront Resort (OR) Short Term Rental Overlay District,Short Term Rental use is to be expected. Additionally,these units are located within the ViBe Creative District.These units located at 516 and 518 19th Street were constructed in 1967, according to City records. The surrounding area is a mixture of multi-family dwellings, commercial retail, and eating and drinking establishment uses which is typical of the Ocean Resort and ViBe Creative District. Prior to intake of these applications, units at this the subject property had been advertising and used as a Short Term Rentals as early as November 25, 2019, per Host Compliance. On April 27, 2021, a Zoning Complaint was opened on Accela regarding the operation of Short Term Rentals at the property. Staff completed an investigation of this complaint record and issued a Notice of Violation to the property owner on October 13, 2021.The property owner acknowledged the Notice of Violation on October 19, 2021, and indicated that he would speak with his tenants about the violation. Between March 16, 2022, and March 28, 2022, Short Term Rental Permits were submitted to Staff by JD Enterprises,the applicant of the subject requests. The units were continuously listed and utilized as Short Term Rentals in the period between the Notice of Violation being issued and the submittal of the Short Term Rental Permits. By June 14, 2022, Staff had received the completed applications for the Short Term Rental Permit and had determined that the units were not grandfathered and would require approved Conditional Use Permits. A letter of denial was sent to JD Enterprises on June 14, 2022. The subject applications were submitted to Accela the same day. Following the intake of these applications, Staff informed the applicant that the subject units were not permitted to be utilized as Short Term Rentals until approval of the Conditional Use Permit applications by City Council, on July 8, 2022. However,the subject property had 36 documented stays in July 2022, per Host Compliance. On August 8, 2022, Staff once again asked the applicant to end all Short Term Rental use at the property until the Conditional Use Permits were approved by City Council. The applicant acknowledged this email on August 11, 2022, and Host Compliance indicates that listings for this property were removed on August 7, 2022. Despite this, the subject property had 33 documented stays in August 2022, per Host Compliance.The listings for this property were reposted on September 3, 2022. Further, JD Enterprises VA, LLC Agenda Items 22-38 Page 5 units at the property hosted 15 stays in September 2022. The listings at this property were removed September 29th, 2022. While six of the applications were intended to be heard at the October 12, 2022, Planning Commission meeting,those items were deferred by the Commission so that all the applications on the subject property could be heard on the same agenda. During the period of deferral,the applicant has ceased all advertising and stays on the property in order to come into compliance with the requirements of the Zoning Ordinance, per Staffs request of the applicant. As this application is to convert the entire 16 units to Short Term Rentals, a condition has been added to require retrofits to the building be installed, consistent with the requirements of the building code, prior to the operation as a Short Term Rental in the future. In addition to these applications for 516 19th Street,the applicant has also submitted an application for an additional proposed short term rental unit at the adjacent property, 512 19th Street, resulting in a proposed 17 Short Term Rental units between the subject address and 512 19th Street. To accommodate the required parking for both properties and all 17 STR units,the applicant has created a plan which utilizes the parking lot on the subject property,the parking lot on the neighboring property, and a parking lot located across the street at 513 19th Street, all of which are under common ownership. This parking plan provides the 31 required parking spaces for the units at 516 19th Street as well as providing the required two spaces for the STR unit located on the neighboring parcel, 512 19th Street. Based on the considerations above and due to the applicant working to bring the property into conformance with the current requirements of the Zoning Ordinance, Staff recommends approval of these Conditional Use Permit applications, along with the recommended conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 516 19th Street, Unit Al, A2, A3,A4, Bl, B2, B3, & B4, and 518 19th Street, Unit Al, A2, A3,A4, B1, B2, B3, & B4. Additionally, the Short Term Rental use shall only occur within each dwelling unit listed. 2. The Short Term Rental located at 516 19th Street Unit Al shall consist of only one bedroom. 3. An annual (yearly)Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwellings for Short-Term Rental purposes. a) The dwelling units 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. JD Enterprises VA, LLC Agenda Items 22-38 Page 6 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. JD Enterprises VA, LLC Agenda Items 22-38 Page 7 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. 20. Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a new Certificate of Occupancy must be obtained from the Building Official and the structures must be consistent with the applicable requirements of the Fire and Building code. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 10, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 23, 2022, and October 30, 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 October 24, 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 November 3, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 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 November 28, 2022 JD Enterprises VA, LLC Agenda Items 22-38 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 December 9, 2022. JD Enterprises VA, LLC Agenda Items 22-38 Page 9 Site Layout and Parking Plan _l_F.,FaroriMe it Ill. w cj.w .—s .' 6 _ .— . . ,.ti,.,,.,,.. ,I.., , '20 . CQG peQ Grr 10'rl9rnrre •'REPINED ''',,\\\--17''' I - f PARKING LEGEND lik IpitOn-site parking f(I spaces I' ` 19 — 5 — 3 Off-site parking 11 , — T spaces - .:: - 19A 20 21 • ; � N17 IIli : umit r a 01' RE7 7 'Jody One jT 413 4.5 ♦ --,3 45 0 ,•Po JD Enterprises VA, LLC Agenda Items 22-38 Page 10 Off-site Parking Location A r'l. ' ' _____94 ._', A-,,_..t,.-- ,-., ,. ,...,t4 „:,- t s f` # - . „, 41::\":;.,i1-.:4.4-1''... ''':. ';':-4—; //../ -..-("1/...,‘ c-4 513 19th Street, - Off-site parking -- / 't u• / Art • if ''' :1 ' - it,k VA° - . i , r _- s. - - __,. �-- '7 —- s- 512 516, and 518 19th Street w ' � si • i A ko......, . lik G 3 E_ ,f td . - t - . i i I , si JD Enterprises VA, LLC Agenda Items 22-38 Page 11 Site Photos lit ,, f _ - ri 40 ...!-::: 1/ S - '-+sa . 61) e) - - ""r icr.,-m - __ C)RT C t J'�"n tom---- 4 /I .!. r allkIll �- w rrr JD Enterprises VA, LLC Agenda Items 22-38 Page 12 Disclosure Statement Disclosure Statement Planning&Codlmlunit\ Development The disclosures contained in this form are nece s..ary 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 thy development and/or use of property in the City of Vi'pinia Beach requiring action by the City Council or a City board,cormmission or other body. Applicant Disclosure Applicant Name h Qs 4tr S el 14 t L.Lc., Does the applicant have a representative? ❑Yes Erg • yes..rct the name of the representoive is she applicant a corporation,partnership,ftrm,business,trust or an unincorporated business? Yes ❑No • If yex tint the names of all officers,director:,members.trustees.etc.be;ow. (Attach a list rf necessary; _. —3-‘14W1e% icy logy- • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. a list if necessary) ✓airs k� VA LLC— parent-as i k:Wry relationship"means"a relationship that rusts when one corporation diroctty or indirectly owns stares possessing more then 50 percent of the voting power of another corporation." Set State end local Government conflict of interests Air,VA Code S 2.2-3101 2'Affiliate d business entity rrf,ttiunship"means"a relationship,other than parent subsidiary r^bat►nnthip,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 rnanapement or control between the business entitles. Factors that ►••fw•tl Y•f....•tJ�...J I••rho Ito,cr.1r.:.0•i...•••v.••.-.d...ii,b,....4 I.,.v••••••.•.••.•fir..•emt.n••fn+.r••..,,r;•,rr..flh at The.a*Hv ro•rrM tK substantially the same person own or manage the two entities;there arc 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 or a regular basis,or there a otherwise a close wortirng relationship between the entities' See State and local nt vernr.v nt donfLcr of Interests Art,Vol Code 9 22-3101. JD Enterprises VA, LLC Agenda Items 22-38 Page 13 Disclosure Statement Disclosure Statement • NA3 civil'en*.NINA. R Planning&Community Development nt Known Interist by Public official or.Employee Does an official or ample/yew of the City of Virgaila Beach have an inverts!,n!he subject land or any proposed development coast n gent on vie subject public actior.' j Yes i,l_ Iilo • If yes,wtut is the name of the offs rat or'improve..and what is the nature of the interest' Applicant Services Disclosure 1. Does the applicant have any r+ri.ting financing(moitgase.deeds of trust.uoss-coleteralization,etc)or are they considering, any financing yi connection w ti-ti.'•tit 4,0 of the application or any business operating or to be operated on!he property' ❑Yes :4 No • :f yv.,s�ntify the financial institutions providing the Service. 2. foes the applicant have a real estate broker/agent/rcaltor for current and anticipated future sates of the sublet':property? ❑Yes Gal‘ • If yes,identify the company and esdnriacral providing the service. 3. Does the applcant have services for account rni..,nd/or preparation of tax returns pr,,vrcedd connection with the w.trr.I the application or any business operating or to be er,.er sted on the property?I.]Yes V No • If yes,kentify the firm and individual providing the sc rare 4. Does the applicant have services from an archrect/landscape architect/land planner pror"idcdA rinrtrct.in with the subtext or the application or any business oporadng or to be operated cm the plop rty)❑Yes 1,._t,14 o • tf yns,identify the fim and individual providing the service. `r le there a \ h,•r perternt;air proposed purr hater of the subject property?U Yes Lie‘.- • !'yew,,it- ti'/tin pi rcti ire-.reef pur0—doer's service prcyv.neis RMse+d 11.09f 2020 ! I JD Enterprises VA, LLC Agenda Items 22-38 Page 14 Disclosure Statement Disclosure Statement cryV 11,00.rarai Planning&Community Development C, floes the applicant have a construction corny w in connection with the subject of the application or any business operating or to be operated on the property?0 Yes g No • It yes,identify the company and individual providing,the service 7. Does the applicant have an erl8inaer/strye$or/a snt in to ion with the suniect of the appbcation or ary business operating or to be operated on the property?0 Yes No • +t yes,;dentlfy the firm and Individual provldir4;the service. 8. Is the applkant rece;ving legal sf.Kvkes in nection with the subject of the application or any business operating or to be oper:.tert on the property?fl Yes No • tf yes,identify the hum and•ndnvidual providtne the service Applicant Signature I certify that all of the Intorrnielon contained in this Disclosure Statement Form is complete,Jug,and.,tc;:U,e. .urL:Er:ta'J upon receipt of nratif,catinn that the application has boon scheduled fo,peeh'ir hee irn;.I em►e5ponsitsle for updating the inlormation provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CEPA,Wetlands Board or any public body or committee in connection with this apptecatiee Applicant Signahur Print Name and Title 1� �T btAgiNtr )atu 2.e is the applicant also the owner of Ow prnpetty, f Yes Ft No • hies,you do not need to till out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks pro to a m.t'lanning Commission and City Council meeting that pertains to the applications 11 29 2022 ( Pda~" IGarek Hall Hannigan JD Enterprises VA, LLC Agenda Items 22-38 Page 15 Disclosure Statement Disclosure StatementNIB Pia nning&Community Development VOW 4 Owner Disclosure Owner Name LOROM,Inc Applicant Name JD Enterprises VA,LLC is the Owner a corporation,partnership,f ern,business,trust or an unncorporateC business?10 Yes 0 No • If yes,list the names of al officers.directors,members,trustees,etc below (Attach a ishf necessary) RiCrf7tral L. (i.dfher, f',-es�a/s..i • /yes,kg the busrtesses that have parent•subsidraryt or affiated busness entity!•elatonship wrth the Owner (Attach a list if necessary) Known Interest by Public Offidal or Employee Does a^oflKtat or employee of the City of Virginia Beach have a^nte•est in the sabiecI land or any p•oposed devebprnert c ontr a^t on Ire subiect pudic actors)❑Yes No • f yes.%%hat,s the name of the official or ernployee and what s the natu•e of the merest I'Parent subsidiary relationship*means"arelationshpthat cents when one co!pry at ion directly orrndrectfy owns shares ppssessirg more than SOpercent of the voting power of another corporation' See State and local Government Conflict of Interests Asti vA Code42 2.3101 •'AtfJtated bus nest entty relationship'means'a relationship.other than p vent•substdiary relatonsh,;,that twists when{i one business entity has a cont robing ownership interest in the other business entity,(i)a controlling owner in one entity is also a controlling owner in the other entity,or(ri)there rs shared management or control between the business entries Factors that should be considered n(*term.nfig the existence of an a ff i is ted busi ryes entry rota ti orns r p"dude that the same person cr subslant oily the saw'person own or manage the two err it es.there are cornerson or commingled funds or assets,the busies entities share the the of the same off,ces or employees err otherwrse share actwities,resources or personnel on a regular basis,or there is otherwise a dose wc'•fig rrlatiornhtcv between the entities" See State and local Government Conflict of snterests Act Va Codes 22-3101 51 JD Enterprises VA, LLC Agenda Items 22-38 Page 16 Disclosure Statement Disclosure Statement x� _ -,- Manning Sr Comm nity Developi,wmt Owner Services Disdosmre D:wa tiw Owrei. have any*misting finanting(mertgsgv,dwrds d trust,ayss-cullatrraluatien,etc)or a-w they eansicering any Mande*in Co nedixt with the subjx of tte pp icatlan r r anv nusinrss oprrating_r to:c Dpr••atc 1 o-the pro:.rrty•' Yes No • rt y,t•:ht.fr' u• ii... .Ibnli.iliurisyi *due !r•s•ivti 2. D.ta the CMne'hare a reed estate teokttr/agenttyrrattor to iir•rnt And ant ri and tuturr s-Ins:1 th,tint Pit p'. e"ty' ❑Yes 54 No • t yet,i Jirn:dy ttre tuniprnn•a.d,rd wk w l p;uvitan y thy svi t iur. S. Dn ttw.Ost+ne'hate srM7s*or accounting and/or preparation at t.+:retain pruArteli to cr.-rwrs n vn' lhr.•rat►jN t or Ito• di/pi laden ur any busiiiraa ti.pvietiog t..Iv tit,c w•ohm!on 11w pro.eiv?❑Yes rg No • t'yes.iJ*'tify.tb`iris red in:kidual t.ivrith x t,w.arvi:x 4 Does the Owner have services Maw an aac died/landscape architect/land planner p-widec it ccnnsctiOR with the subject of Slit a.plitatii i Or any business we aUnti ui to be v.i,.tod wr.Iw propel tr7 U Yes 100 • I'yin,identify:h.r rim end fn.l•Avai wuvid..tt t.v sir t+iw. 5. Is.d*ere any:The,penyle;or arapo:cd purchx.er*'the t.ubject pro Duty?L i Yes ®No • I yes.lcentlfy11e:urchik-and Pile'aser';;e••iccproodCrs 6. Ovra 11w Cw t uir hake a tonstrrdinn cindrautor is tvrrrle:liv-i with the►rt4t4t ui Olt.i pp!a tiun u any b•r Ines a epee itinti.r to oe operated on the property'❑Yes 0 Net • If yes.Ic`end'j tee:Or►:paryan$lreltklduIt pro.id rse ttir scry cc. 7. Duva lie Cwrri atv on vagirw eritutvey^rw/axunt I i tun v,tiu with t'e u :.f Urc.Gti>i ratio' ut aril busintaa Joe'alin,t or t.,be o:era;_d:n tt-e a•cper:,R U Yes • eves.iteno`r d'_fi•^and Ad vtdu:I p•:vi Ling th^SC'vKC JD Enterprises VA, LLC Agenda Items 22-38 Page 17 Disclosure Statement Disclosure Statement N/13 Planning&Community Deveiopnient 8 s the G en'etreievr*legalse+vicesi\riIn cti-n:Atlrthr ireti :rr^vI:uti,e4snpofah-gnrtohe cperitec on the poperiv?L.!Yes t4 No • if yes, der t tv tie firm arc I-divid.al paid ng Ie?a thi:seer ca. Owner Signature f„that al of-he nkvr•atiin rn-tai-ed in? Oia-bsur date ne•I[can s ccntp ete.ttue,and acc.,-ate. I unier<_1an1 th V-anr n•�.d- V( alifiutivtr that the a.pl crtio.,has}pen scheduled to p.tsli Ielrine,1 am re•pnnsihP Inn under mg the Intc►wit on ptorldel heralds tw_weeds pricy't:the mretin&of PI?nn tit;Connmiy.sion•City found',Vaf14•CADA,Weila-xk a.>ard or any p_5Nc t ody or tor"mitten "conrectlon with this.pp It.slbr. Cwier'iknatLry `� � R�Ghd rep( i14rpt��'fEF' . Pr Hi Weruw dud Yki, 0e-_s/_ a02 13,u, JD Enterprises VA, LLC Agenda Items 22-38 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JD Enterprises VA, LLC Agenda Items 22-38 Page 19 i t t''', �1 �-.. \ 9,-----'.4-Iiipik .,,---,� ...__ ---, ''----l ' •ft , ::-?--/4- 11-..„'-'•". I\ ____ ,...\\110,„ r l'''' i,A J lC,1I s . \ r V - r =ems\\,, S \ --- Milk. \-.00ii -i.:-.-. \ 0 ,, . _._ vA.,e•-u_ . ., k. ,:„______lowii ex , _ _0•0_-__, 0- \ „ . , . .._____Ip.. ..___ I*J.:_ . \ \___ .(s. . ...._....\ .___-- 001 ,,. .. \, ..._. _k... , . _________ 10 ,, st..."ev • \:, . \ \--,- , , -.Oa -Utlir, u s.lia 1111-,00,\ \Olt, u"'OA Vit , ,:-,--.- -- ',livi 6��1in_ _1 W. \' 11P%\ 7; -; st.\ .-- .it.....ko-.- ili\‘. Ira ,,, � =Y t oii. ,iii ti l P 5 -i 4°e OVIt '0110,a.' 0 11.‘ \\. - _...---__ - ti A i y~ O .!,,-••- • -_---\---'"---% 40, ____4„;\ • \,OWL .81\ 14 U Itc ''„ --",-----(11) MI SI w t • V\ , -_-___--,;', - .._•.„ 01 oi,, . -_,_.-- - \ 1 Filk s 1Xe• • \\ ... .A . V\, 00 � f•� �b. • ~'� cc z -*' • ..-2--J--, --- 0 ii _......... V- j,,_______ _„,,,,,--_ - -----,0..--- 0_, \ A IIS\ .. V) CI __-_---v• c---. ' _5.t:4----- ----;'- 44)LIDP tuq _---10 '.., % illjarititt __ 11111. 0.6..' , .,... lik__________ \ SI '� ace Al \11.4.' es ,. ''"" ` ."C sL i c i ., \ 'V „ PI _.:-,-;:-(--ctls ' '' ' t` ccs - C °1111 till- ff ;,, u 1` 1 /,, LL N � .L �, \ ....a , ,._j.� Au N q [.) -,-.A 7 \ \ Y/ ,, 0 , 0 Virginia Beach Planning Commission November 9, 2022, Public Meeting Agenda Items # 22-38 JD Enterprises VA, LLC (Applicant) LOROM, Inc (Property Owner) Conditional Use Permit (Short Term Rental) Address: 516 19th Street - Units Al, A2, A3, A4, B1, B2, B3, B4 & 518 19th Street, Units Al, A2, A3, A4, B1, B2, B3, B4 RECOMMENDED FOR APPROVAL— CONSENT Mr. Weiner: Thank you, Mr. Redmond. Next are items 22 through 38, JD Enterprises, Conditional Use Permit for short term rentals. State your name for the record one more time. Mr. Taylor: Justin Taylor and this is my partner Daniel Davis, we're with the JD Enterprises VA, LLC. Mr. Weiner: All the conditions area acceptable? Mr. Taylor: Yes. Mr. Weiner: Good. Any opposition to this being placed on the consent agenda? None. Mr. Redmond, one more time please. Mr. Redmond: Mr. Weiner agenda items number 22 through 38, an application by JD Enterprises. Virginia, LLC for conditional use permits for multiple units of short term rental at 516 19th Street. The application broadly meets the requirements of our short term rental ordinance, finding no objectionable items we therefore placed it upon consent. Thank you. Mr. Weiner: Thank you, Mr. Redmond. Mr. Chairman, I move for approval on the consent agenda. That's the end of our consent agenda. I move for approval on the consent agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, 22 through 38. Mr. Wall: Okay, all right. Thank you. So Planning Commission places those on the consent agenda. So the motion is... Mr. Weiner: The Planning Commission places those agenda items on the consent agenda. Mr. Wall: So do I have a motion? Mr. Weiner: We made it. Mr. Wall: You made it right, but did you make it on? Mr. Weiner: Yes. Mr. Wall: I see that,just checking. So the motion is made by Mr. Wiener? Is there a second? So second by Ms. Cuellar. Are there any abstentions? Okay, vote is open. Madam Clerk: Vote is open. By a vote of 8 to 0 agenda items 4, 7, 10, 11, 13, 14 through 19, 20, 21, and 22 through 38 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz ABSENT Bradley AYE Clemons AYE Coston ABSENT Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 516 19th Street, Unit Al, A2, A3, A4, B1, B2, B3, & B4, and 518 19th Street, Unit Al, A2, A3, A4, B1, B2, B3, & B4. Additionally, the Short Term Rental use shall only occur within each dwelling unit listed. 2. The Short Term Rental located at 516 19th Street Unit Al shall consist of only one bedroom. 3. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwellings for Short-Term Rental purposes. a) The dwelling units 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. 20. Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a new Certificate of Occupancy must be obtained from the Building Official and the structures must be consistent with the applicable requirements of the Fire and Building code. 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. K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION ATLANTIC COMMUNITY DEVELOPMENT AUTHORITY AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 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@a,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=e88d3 afaaa57eac945a191 a69c9d340fd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on December 13, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/06/2022 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L M R T I 0 C A DNC I MOO L O C N Y L 0 L OUWS T HCEEME S S EQE I H R YBS S ER N N CITY COUNCIL'S BRIEFINGS A. QUARTERLY PUBLIC HEALTH UPDATE Dr.Caitlin Pedati,District Director B. RESORT ADVISORY COMMISSION BJ Baumann, ANNUAL REPORT Chair C. NOISE ORDINANCE UPDATE Mark Stiles, City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS IV-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-E F. MINUTES A 1. INFORMAL/FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y B Y Y Y November 15,2022 S T 2. FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y November 22,2022 I N E D G. MAYOR'S PRESENTATION 1. RESOLUTION-75Th ANNIVERSARY Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Chief Andrew Rabideau CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/06/2022 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE I. B H H W W U R E I_ M R T I O C A DNC I MOO L O C N Y L 0 L 0 U W S T H C EEME S S E 0 E 1 H R Y B S S E R N N H. PUBLIC HEARINGS 1. FY2022-23 VIRGINIA BEACH CITY 1 SPEAKER PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP) AMENDMENTS- Appropriation of Reversion funding 2. PPROPOSED TAX EXEMPTIONS 1 SPEAKER FROM REAL AND PERSONAL PROPERTY TAXES: a.The Princess Anne Crew Club Auxiliary b.Little Christian Academy c.Coastal Virginia Building Industry Association,Inc. d. Junior Achievement of Greater Hampton Roads,Inc 3. DECLARATION AND CONVEYANCE OF 3 SPEAKERS EXCESS CITY PROPERTY Approximately 2.25 acres of City-owned property on Upton Drive near the intersection of Nimmo Parkway J.1. Ordinance to AMEND City Code 18-5.2 re ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y business license fees and taxes and provide OPTION 1 revenue offsets: Option l($200,000 Threshold Version) Option 2($300,000 Threshold Version) Option 3($500,000 Threshold Version) (Requested by Council Members Moss,Rouse Tower and Wooten) J.2. Ordinance to AMEND City Code Section • MOTION TO 5-6 Y N N Y N Y Y N YNN Chapter 23,Article II re noise(Requested by APPROVE FAILED Council Members Moss and Tower)Deferred /DENIED from October 18,2022 J.3. Ordinance to ADD Article XVI to City Code • WITHDRAWN,BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Chapter 35 re establish disposable plastic bag CONSENT tax Deferred from September 6, 2022 (Requested by Council Member Tower - COUNCIL MEMBER TOWER REQUESTS WITHDRAWAL) J.4. Ordinance to ACCEPT the recommendations ▪ ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y of the Citizens Committee on Boards and BY CONSENT Commissions (Requested by Council Members Berlucchi and Henley) J.5. Resolution to REQUEST the Virginia Beach POSTPONED 7-4 Y N Y N Y Y Y N Y Y N Development Authority(VBDA)to continue INDEFINITELY forbearance on the loan to Vanguard Landing, LLC (Requested by Council Member Henley) CITY OF VIRGINIA BEACH - SUMMARY OF COUNCIL ACTIONS DATE: 12/06/2022 PAGE: 3 B AGENDA R I I ITEM# SUBJECT MOTION VOTE 1. B H 0 W W U R E L NI R T I O C A DNC 1 MOO L O (' N Y L O I_ O U W S T II C E E M E S S EIDE 1 H R YBS S ER N N J.6. Ordinance to APPROPRIATE S100,000 of ADOPTED, 10-1 Y Y Y Y Y Y N Y Y Y Y the Tourism Investment Program(TIP)fund to BY CONSENT the FY 2022-23 Convention and Visitors Bureau Operating Budget and INCREASE the Annual Grant re Neptune Festival(Requested by Council Members Berlucchi and Branch) J.7. Ordinance to DECLARE City-owned property ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y at 3000 Barberry Lane to be in EXCESS of BY CONSENT the City's needs and AUTHORIZE the City Manager to sell same to Joseph P.and Amy L.Heilman J.8. Ordinance to AUTHORIZE acquisition of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y property in fee simple and the acquisition of temporary and permanent easements,either by agreement or condemnation re Shore Drive Corridor Improvements-Phase III Project, CIP 100381(formerly CIP 2-117) J.9. Ordinance to AUTHORIZE temporary DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City right-of- INDEFINITELY way known as Windsor Crescent re maintain existing stone patios,stone walls,PVC fence, brick steps,fire pit,wood fence and grassy area at the rear of 3868 Jefferson Boulevard (District 9,Formerly District 4—Bayside) J.10. Ordinance to AUTHORIZE temporary ADOPTED 10-1 Y Y Y Y Y Y Y Y Y Y N encroachments into a portion of City-owned Property known as West Canal re maintain an existing vinyl bulkhead, construct and maintain a vinyl bulkhead,wharf,and four (4)pile boat lift at the rear of 2304 Windward Shore Drive(District 8,Formerly District 5— Lynnhaven) J.l 1 Ordinance to APPROPRIATE$2-Million of ADOPTED 10-1 Y Y Y Y Y Y NY Y Y Y the Tourism Investment Program (TIP)fund and AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water,LLC J.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y $3,575,692 from the Virginia Department of BY CONSENT Transportation(VDOT)for roadway work to CIP Projects 100425 "Traffic Signal Rehabilitation Project Phase II" and 100401 "Street Reconstruction Phase II"and FY2022- 23 Public Work Operating Budget re purchase a bucket truck and street light parts J.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y S750,000 from the Commonwealth BY CONSENT Opportunity Fund to Virginia Beach Development Authority(VBDA)re award for the Acoustical Sheetmetal Project CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/06/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L M R T I O C A DNC I MOO L 0 C N Y L 0 L OUWS T HCEEME S S EOE IHR YBS S ERNN J.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y $562,485 from the Virginia Department of BY CONSENT Criminal Justice Services to the Virginia Beach City Public Schools as a grant subrecipient re 15 Security Officers and/or Security Assistants J.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y $440,000 from the Department of Behavioral BY CONSENT Health and Development Services to the FY2022-23 Human Services Operating Budget re support substance use disorder programs J.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED, 11-0 Y Y Y YYY Y Y Y Y Y $214,809.75 from the Virginia Department of BY CONSENT Agriculture and Consumer Services to the FY2022-23 Agricultural Reserve Program (ARP) Special Revenue Fund Operating Budget re reimburse City for a portion of cost to acquire preservation easement J.17 Ordinance to ACCEPT and APPROPRIATE ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y $146,220 from the Department of Behavioral BY CONSENT Health and Development Services to the FY2022-23 Human Services Operating Budget re Project LINK support services K.1. ATLANTIC DEVELOPMENT DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSOCIATES,LLC&WPL VENTURES, JANUARY 17,2023 LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re subdivide two(2) lots at 111 73'Street DISTRICT 6(formerly District 5-Lynnhaven)Deferred from August 9,2022 K.2. PRINCESS ANNE COUNTRY CLUB / APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y PRINCESS ANNE COUNTRY CLUB & CONDITIONED, EXPANSION ONE, LLC for a Change of BY CONSENT Nonconformity (Expansion of Non- Conforming Use)re one-story dwelling for event space and overnight lodging at 3901 Holly Road,488 Linkhom Drive,3800 Pacific Avenue DISTRICT 6 (formerly District 6- Beach) K.3. SXCW PROPERTIES II, LLC for a DENIED 10-0 Y Y Y Y Y Y A Y Y Y Y Conditional Use Permits re car wash facility B &automotive service station at 3264 Holland S Road DISTRICT 3(Formerly District 3-Rose T Hall) A N E D K.4. EARTHSCAPES ENTERPRISES, LLC / APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y VALIANOS PROPERTIES,LLC&JEM, CONDITIONED, LLC for a Conditional Use Permit re bulk BY CONSENT storage yard at 619 & 623 London Bridge Road DISTRICT 3(formerly District 6-Beach) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/06/2022 PAGE: 5 13 AGENDA R }i ITEM# SUBJECT MOTION VOTE L B H O W W U R E L M R T I O C A DNC I MO 0 L O C N Y L 0 L 0 U W S T H C E EMES S E 0 E I II R Y B S S E R N N K.5. FANTASY TATTOO COMPANY/WCSC, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Use Permit re tattoo CONDITIONED, parlor at 1920 Centerville Turnpike,Suite 118 BY CONSENT DISTRICT 7(formerly District 1-Centerville) L. APPOINTMENTS RESCHEDULED BYCO N S ENS US 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION ATLANTIC COMMUNITY DEVELOPMENT AUTHORITY AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORYTASK FORCE WETLANDS BOARD ACTIVE TRANSPORTATION ADVISORY Reappointed: 1 1-0 Y Y Y Y Y YYYY Y Y COMMITTEE Brian Hickman 3Year Term 1/1/2023— 12/31/2025 Extended: Dee Oliver Representing Planning Commission Liaison Thru 2/28/2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/06/2022 PAGE: 6 B AGENDA E R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L 0 L 0 U W S T H C E EMF S S E 0 E I Il R Y B S S E R N N ATLANTIC COMMUNITY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT AUTHORITY Barbara Henley Elected Term 1/1/2023- 12/31/2026 N.D."Rocky" Holcomb Elected Term 11/30/2022- 12/31/2024 BAYFRONT ADVISORY COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y William Hearst 3 Year Term 1/1/2023-12/31/2025 Extended: James Frankenfield David Redmond Representing Planning Commission Liaisons Thru 2/28/2023 BOARD OF ZONING APPEALS Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y James L.Wood Unexpired thru 12/31/2024 Reappointed: Kevin Newton 5 Year Term 1/1/2023-12/31/2027 CHESAPEAKE BAY PRESERVATION Appointed: AREA BOARD Stephen Ballard 3 Year Term 1/1/2023-12/31/2025 COMMUNITY SERVICES BOARD Appointed: Barbara Booker- Williams Robert Crawford Unexpired thru 12/31/2023 +3 Year Term 1/1/2024-12/31/2026 Brianna Dempsey Unexpired thru 5/31/2023 Vanessa Griffin 3 Year Term 12/6/2022- 12/31/2025 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/06/2022 PAGE: 7 B AGENDA R H ITEM# SUBJECT MOTION VOTE I. B H 0 W W U R E L M R T I 0 (' A D N C I MOO L O (' N Y L O L OUWS T HCEEMES S EOE I H R YBS S ERNN Thomas Russell Unexpired thru 12/31/2022 +3 Year Term 1/1/2023-12/31/2025 Reappointed: Patricia Alspaugh Representing Family Member 3 Year Term 1/1/23-12/31/025 Todd Walker 3 Year Term 1/1/23-12/31/2025 EASTERN VIRGINIA MEDICAL SCHOOL Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD Preston White Unexpired thru 6/30/2025 GREEN RIBBON COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y William McClain Representing Coastal Virginia Building Industry Association Unexpired thru 10/31/2024 Extended: David Weiner Representing Planning Commission Liaison Thru 2/28/2023 HISTORIC PRESERVATION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Harriet Frenzel Bobbie Gribble Christi Lyons 3 Year Term 1/1/2023-12/31/2025 MILITARY ECONOMIC DEVELOPMENT Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMITTEE John J.Cummings Unexpired Term thru 2/28/2026 OPEN SPACE ADVISORY COMMITTEE Extended: 11-0 Y Y Y Y Y Y Y Y Y Y Y Jill Ewell Representing Parks and Recreation Commission Liaison Thru 2/28/2023 PARKS AND RECREATION COMMISSION Extended: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Jill Ewell Thru 2/28/2023 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/06/2022 PAGE: 8 B AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC 1 MOO L O C N Y L 0 L OUWS T HCEEME S S E O E I H R YBS S ERNN RESORT ADVISORY COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Elizabeth Baumann Charles Cayton Lori Overholt Michael Ronan 3 Year Term 1/1/2023-12/31/2025 PLANNING COMMISSION Extended: 11-0 Y Y Y Y Y Y Y Y Y Y Y George Alcarez David Bradley Holly Cuellar James Frankenfield Dee Oliver Jack Wall David Remond David Weiner Thru 2/28/2023 TA/ITA CITIZENS ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Phyllis Sawyer Unexpired thru 2/28/2024 WETLANDS BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Jarrod Katzer Alternate Member 5 Year Term 12/6/2022- 12/31/2027 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 10:53 PM OPEN DIALOGUE 3 SPEAKERS 11:03 PM