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Home My WebLink About5-16-2023 FORMAL SESSION CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 1t11A B VICE MAYOR ROSEMARY WILSON-District 5 cG MICHAEL F.BERL UCCHI-District 3 C� `_: • rp BARBARA M.HENLEY-District 2 fi tir N.D. "ROCKY"HOLCOMB-District 1 U ,' 5 ROBERT W. "WORTH"REMICK-District 6 1_' • ', ;. . DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 �. ==% et`'? JOASHUA F. "JOASH"SCHULMAN-District 9 °°F °j■ rK000 CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 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-LYNDONS.REMIAS May 16, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM A. "PROJECT WAYNE"UPDATE Taylor Adams, Deputy City Manager II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Scott Butler Atlantic Shores Baptist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS May 2, 2023 2. SPECIAL FORMAL SESSION May 4, 2023 3. SPECIAL FORMAL SESSION May 9, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Historic Preservation Month Sharon Prescott, Chair- Historic Preservation Commission 2. PROCLAMATION—Public Works Week Jeremy Kline, Deputy Director—Public Works Phillip Koetter, Operations Engineer—Public Works I. PUBLIC COMMENT 1. POTENTIAL REZONING OF A PORTION OF THE INTERFACILITY TRAFFIC AREA (ITA) TO ALLOW LIGHT INDUSTRIAL USES "Project Wayne" J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1.1 re ADD the Kempsville Area Library as a location for Absentee Voting in person 2. Resolution to MOVE the July 4, 2023, Regular Meeting of the City Council to July 18, 2023 3. Resolution to OUTLINE the process to occur upon completion of the Interim Agreement and Future Schools Facility Design Processes (Requested by Mayor Dyer and Council Members Remick and Taylor) 4. Ordinance to TRANSFER funds and to AWARD a$50,000 grant to The LAMBS Foundation re support the coordination and organization of the 2023 Juneteenth Festival (Requested by Mayor Dyer and Council Member Wooten) 5. Ordinance to APPROPRIATE $1.2 - Million from Parking Enterprise Fund Balance to FY2022-23 Economic Development Operating Budget re provide micro-transit services in the Resort Area 6. Ordinance to ACCEPT and APPROPRIATE $32,025 from a Class Action Settlement to Capital Project#100397, "Storm Water Quality Enhancements II," re mitigate storm water pollutants and improve water quality L. PLANNING 1. COMMONWEALTH CATHOLIC CHARITIES /CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re group home at 642 North Lynnhaven Road DISTRICT 8 (Formerly District 5 —Lynnhaven) RECOMMENDATION: APPROVAL 2. THE MINWER& JULIA SUBEH REVOCABLE JOINT TRUST DTD 8/29/2013 for a Change of Zoning from B-2 Community Business to I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 728 South Military Highway DISTRICT 1 (Formerly District 2 —Kempsville) RECOMMENDATION: APPROVAL 3. PRINCESS ANNE VILLAGE, LLC/PRINCESS ANNE VILLAGE, LLC & CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from AG -2 Agricultural District to Conditional PD-H2 Planned Unit Development (R-10 Residential District) and a Modification of Proffers to a Conditional Rezoning re properties located at 2369, 2373, 2375, 2377, 2381, 2385 Princess Anne Road and 2393, 2401, 2413 North Landing Road, Parcel between 2393 North Landing Road & 2385 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 4. AMIR YAHYA RAZI for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business and a Conditional Use Permit re automobile repair garage located between 2989 and 3005 Holland Road DISTRICT 2 (Formerly District 7— Princess Anne) RECOMMENDATION: APPROVAL 5. CHRISTINA DANIELLE PATTERSON/JN & RBD, LLC for a Conditional Use Permit re tattoo parlor at 328 Office Square Lane, Suite 203 DISTRICT 1 (Formerly District 2— Kempsville) RECOMMENDATION: APPROVAL 6. BOLD BEAUTY INK,LLC/ALVIN J. LANESE TRUST for a Conditional Use Permit re tattoo parlor at 968 South Oriole Drive, Suite 100 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. PATRICIA A. GANDY/SCOTT M. GANDY & PATRICIA A. GANDY for a Conditional Use Permit re home-based wildlife rehabilitation facility at 102 Willow Drive DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. WILLIAM J. WRIGHT,JR./BEACH FRONT FINANCING,LLC for a Conditional Use Permit re short term rental at 911 Pacific Avenue, Unit C DISTRICT 5 (Formerly District 6— Beach) RECOMMENDATION: APPROVAL 9. TARA RYAN/PACIFIC AIR 3,LLC for a Conditional Use Permit re short term rental at 925 Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 10. MILTON J. PRICE, III for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 603 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 11. FRANCES ROBBINS OMAN for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 217 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 12. Ordinance to AMEND Oceanfront Resort Form-Based Code Section 5.3.7 re temporary commercial parking lots RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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/weblink/register/r19d3 96830aec39721 d59313 f5420d689 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 16, 2023. I. CITY COUNCIL'S BRIEFING - Conference Room - 3:00 PM A. "PROJECT WAYNE" UPDATE Taylor Adams, Deputy City Manager II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM III. CITY COUNCIL AGENDA REVIEW 3:45 PM IV. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Scott Butler Atlantic Shores Baptist Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS May 2, 2023 2. SPECIAL FORMAL SESSION May 4, 2023 3. SPECIAL FORMAL SESSION May 9, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Historic Preservation Month Sharon Prescott, Chair- Historic Preservation Commission 2. PROCLAMATION—Public Works Week Jeremy Kline, Deputy Director—Public Works Phillip Koetter, Operations Engineer—Public Works • rottaratton W3lE4 AS: The NatUmal That forNistortc Preservation created Preservation Weekin 1973 to spotlight grassroots efforts in historic preservation inAmenca;and' 'WXE 'AS: President Rjchard'9K.Nixon signed resolution designating the weekof 94ay 6 to 12,1973 as NationalPreservation'Week and. WXtE4IAS: The National-Trust expanded the celebration to a month-long observance in 2005;and "'EWES: States and communities across the country now recognize the month of 94ay as 7ftstoru Preservation 94onth,•and- W7lEI AS: The theme of lfistoric Preservation Month 2023 is People Saving(Places,and WtlE4�,AS: The'Virginia(Beach City Council-established the 2fistoric Preservation Commission in 2008 to advise them on all issues related-to the preservation of historic 6uddings,structures and sites in the city;and E4�A S: The majority of the workof historic preservation is done by interested'individuals in local communities with the encouragement of local state andfederalgovernments;and' WJ{VWS: The 9fistoric Preservation Commission recognizes the workof early preservationists,both indrviduats and organizations,whose Leiication to the preservation of offer buildings has left'Virginia Beach a rich legacy of 18&century buildings and structures;; and WIFEWS: Preservation Virginia,a statewide non-profit,has preserved the 1792 Cape Henry Lighthouse since 1930,and' W3lEWS: The Princess Anne County'Virginia Beach NistoricalSoc ety preserved the 1764 Pembroke Manor and the 1759'Upper Wolfsnare properties,and "TEAMS: in the 1920s,Grace?(peter enlisted the aid-of the 94etropolitan Museum of Art to preserve the 17191horoughgoodNouse;and "'DUX: Henry Cray Nofheimer,II formed-the Adam lhoroughgoodMouse foundation in the 1950s to ensure the preservation of the 7horoughgood'house,and' WitrE*S; Witham Oliver,acquired the 1725 Lynnhaven Mouse in 1925 an/maintained'it with few changes until his family donated it to Preservation`Virginia in 1971 for its preservation;and (Dorothy 94.Nacre donated-a preservation easement to the'Virginia historic Preservation Easement Program to preserve the circa 1720 Wehlmn Mouse;and WXE IS: The Whiteheadfamily donated preservation easement to the'Virginia 7fistoric Preservation Easement Program to preserve the 1779 Pleasant Nall house;and 'WtlEWIS: Nealxpllum restored and preserved-the Pleasant Nall house and the circa 1720s Paget Nouse,known as Wolfsnare Plantation,and W ERJAS,. The 9Kayor and City Council support the preservation of Virginia(Beach's diverse and rich heritage and historic resources. 910141 7.VEZEEO4CE,I,Rp6ert 3.1.Dyer,94ayor of the City of Virginia Beach,'Virginia,do hereby proclaim: May 2023 Historic Treservation lKontIi In Vsginia Brach,andfurthermore calf upon the citizens,government agencies,public and private institutions,businesses and schools in'Virginia B,,wh to recognize the importance of Historic Preservation in maintaining the historical identity of the city and to commemorate this month with appropriate activities. In Witness Whasof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,'Virginia,to 6e affixed this Sixteenth:Day of Nay,Two Thousand Twenty-Three. 106ert 94.`Bobby'Dyer, 94ayor 444 OUR NAT°fi roctamation • Whereas. rPu6Cu works infrastructure is above, below, and alraround us; because of public works, we are aife to have clean waters,safe streets, efficient traffic, and livable communities;and Whereas. PPu6Cu-works professionals focus on infrastructure,facilities, and services that could not 6e provided without their dedicated efforts who perform at all levels;and Whereas: 'These professionals are responsible for re6uiaing, improving, and protecting our city's transportation,public buildings, traffic systems, beaches and waterways, roads and streets, stonnwater systems,and other structures and facilities that are absolutely essential to our citizens;and Wftereas: Public works services provided in our community are an integral part of our citizens' everyday lives; the health, safety and comfort of this city greatly depends on these services;and Whereas. We, as city leaders seek to enhance the prestige of the often-unsung heroes of our city -the Public Works professionals who serve the public good every day, with quiet dedication. Wow, 'Therefore, I, Rp6ert 911. "Bobby" Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim The Wee&ofMay 21 2T 2023, rIirginia Beacfi cPuôIic Workj Wee In Virginia Beach,and I cal upon all citizens to salute the hard wort,accomplishments, and commitment of these dedicated members of the Virginia Beach Public Works Department. In Witness Whereof I have hereunto set my hand and caused the Official-Seat of the City of Virginia Beach, Virginia, to 6e affixed this Si-teenth Day of Stay, Two'IhousandTwenty-Tree. 7°.ddfrthgleiee<1 Wpbert.11. "Bobby"Dyer �IKayor I. PUBLIC COMMENT 1. POTENTIAL REZONING OF A PORTION OF THE INTERFACILITY TRAFFIC AREA (ITA) TO ALLOW LIGHT INDUSTRIAL USES "Project Wayne" Vit `wv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City Council will Hear Public Comment on the Potential Rezoning of a Portion of the Interfacility Traffic Area (ITA) to Allow Light Industrial Uses PUBLIC COMMENT: May 16, 2023 On April 25, 2023, City Council was briefed on the proposed development of the first phase of an advanced manufacturing facility ("Project Wayne") on approximately 250 acres of City-owned land located within the Interfacility Traffic Area ("ITA"), south of the Green Line in the Princess Anne Commons (the "Project Area"). Project Wayne would bring significant capital investment and an estimated 400 jobs to the City of Virginia Beach. A rezoning of the Project Area to Light Industrial District (I-1) would be necessary for Project Wayne to move forward. This rezoning would be inconsistent with the existing ITA portion of the City's Comprehensive Plan. The purpose of this item is to hear public input at this preliminary stage regarding the possible rezoning of the Project Area to permit Project Wayne or other future light industrial development projects within the Project Area and/or the ITA. If Project Wayne moves forward, then the matter would come back before City Council for formal action on both the sale of City land and the rezoning of the Project Area. Both such actions would have additional opportunities for further public input. Background: The ITA is the flight path between NAS Oceana and Naval Auxiliary Landing Field Fentress. In 2005, as part of the City's response to the 2005 BRAC Order, the City Zoning Ordinance was amended to significantly restrict residential development, and the City adopted its ITA Acquisition Program and began acquiring land in the ITA. City Council first adopted the Interfacility Traffic Area and Vicinity Master Plan (the "ITA Plan") on January 25, 2011, which was made a part of the 2009 Comprehensive Plan. At that time, much of the ITA was still privately owned. The 2016 Comprehensive Plan included those ITA Plan recommendations, and in 2017, the City Council adopted amendments to the ITA Plan, because the City had acquired large quantities of land in the ITA. The ITA is south of the Green Line. The Green Line was established by City Council in 1979 to promote growth and urban development in the northern portion of the City, with the southern area to remain more rural. Just east of the ITA is an area designated by the City as the Transition Area. The ITA, Princess Anne Commons, and the Transition Area, each being immediately south of the Green Line, are intended to smooth the transition between the higher intensity uses to the north and the primarily agricultural uses to the south. "The Interfacility Traffic Area & Vicinity Master Plan focuses on conservation and preservation of sensitive uses, amenities for residents, employment, municipal services, and recreation." Comp Plan 2016, pg. 1-106. Reference Materials: Presentation from April 25, 2023, attached Link to City Council's April 25, 2023 Formal Session: https://youtu.be/jgGgAEArSYs Links to Comprehensive Plan Documents: Interfacility Traffic Area (ITA) and Vicinity Master Plan 2011 (amended 2017): Interfacility Traffic Area (ITA) and Vicinity Master Plan, 2011 (amended 2017) and 2017 Amendment to ITA and Vicinity Master Plan .411111 . - 4, _ fa-,. 4 Vt. ips, _ `tom i z • �s # 00 AL. ' . e , 446, ._„ - ,,, 'f..- - - '..: ---,-.1* csett.,-- _..... V - _ . M I ....e . _ _ , • ' .. _44'5/10P/0.10 , y r e•. CI 1..N `7 • ir IR if".'• „„ak or i _ 0 ,,,,, ff _ . ,,,i i i,..4. ,_:,..: .:. ,,,,.. 4 .. 4,,,s, .�. ' y e -- :. .111 0 .-,- f.. . v co • #, i CO'441‘...... , a) a) in Iu�. 11 >II < „ -Y liAl.......i IIIIW Ca .4 .' C . ;'. Al-, CO 0- U '..., -• '''-'-'44,..' (1111) a = 4' iliitook. - ,.... -A41 O o .• t U L 0 Project Wayne - Phase • Rezone property from AG- 1 to I - I • Advanced Manufacturing • 250 Acres • Capital Investment - $ 175M • New Employees - 400 Vicinityac rounArea an Interfacility imp • ITA is an overlay zoning districtFri,,ti.,, ,,;y, .,w,;, created in 2005 to address land r• �- ta,.... �'� g* use compatibility issues associated p Y � .. a4, �. with frequent overflights of military (Norfolk jets r. I FirliN dis .pi....i 4 I I 1 °WWII 'iv • • ITA Plan AdoptedUpdated 2011 ; U dated %UP Pik V NAS )A 2017 as art of the 2016 Vir inia IF'W Beech Oceana Beach Comprehensive Plan �� p g :_... \ • Area is located below the Green \ 30-* Line and is between NAS Oceana , ‘. 104 t and Naval Auxiliary Landing Field Fentress ; FF•nt • a •'ate r Chesapeake Economic Development I City Council Public Briefing I April 25, 2023 3 d b / 441 % , _. ,4 �`°\ } 1 __ o°a 1, a• ♦4 Q' / 4 40 4, Q, ro • , 4 I 7* 46 II), id.", , i ...,4 . 1 T WOO 0 II j -: Intl! '4 Ili 11164,-4- •Vila o .Q 1 + N 2 i fi#/ift S s% lei_ r d CO N O N N a Q U7 c .c co U_ (110) 0 I (1) a5 >, 2 _ I I< C il a. a 0 c 0 U W LC) 1 X13 o ' E o _ CV CD ▪ j a,• m E s F. d f. dC SE N [ e C U t0 N _ �4 N 41 f0 CI _ - U N in 7 �- � J ( m � Kt u w W 4 C u LL m W j yy 11 J a x t I0 .- - i < Z 0 A ` ^ o a y y a m t _ W C m Ae � C. 0N tz W 7 N, �� 1f II p u Z 0 R co .- N f`": C3 0 0 .a ► C N O CI) ..0 2 O • _ N U N .� 0 0 a. o > a) CD .� �..• mil Ix _co O O C 0..., m_ Q 0 U �, CL C =0 L co E 4-, o._ 0 ,> =_ C13 0 to 0 0 C 0 '5 '> &) o 11 0 .� 0 0 0) - 0 0 0 5 W Q OU) O E a O . > 0 0 0 0 W •i, ITA Land Plan _,... , .... .... „.., `. , _ ',,, '4,.,:-.0.. i t / • f .. • Expanded Recreation Fields A `.. c • w ;IL' ..L..._....t, ...,.. ,...,:iN • Municipal Services Facility • • Agricultural Production • , ' ,,,,, ql, ,,,„ . .•,0 tIC..?44t A__,„:„ •tt►4rtD.O4tttrt.,,D,,..t►Dt . %RONK441$IPt Ct•t4Cr►ity . ►tttttaVAT, h O MOD seCat*t,OM M4{tiYt, .,rt'aw0 LIMO 11100.0*tt• . •04,CVttVO4a MOOYC,MM .utw 1CMOOa sn• . .O. .t 400010 P4s. Economic Development I City Council Public Briefing I April 25, 2023 6 Potential • Take no action • Conditions on a potential transfer of land to Virginia Beach Development Authority • Rezoning with Public Engagement Economic Development I City Council Public Briefing I April 25, 2023 7 cc C 0 O M CI) N N CI tri O) C a) m U_ O U C O 0 U U C a) E Q 0 a) a) 0 U E O C O U W J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1.1 re ADD the Kempsville Area Library as a location for Absentee Voting in person 2. Resolution to MOVE the July 4,2023, Regular Meeting of the City Council to July 18, 2023 3. Resolution to OUTLINE the process to occur upon completion of the Interim Agreement and Future Schools Facility Design Processes (Requested by Mayor Dyer and Council Members Remick and Taylor) 4. Ordinance to TRANSFER funds and to AWARD a$50,000 grant to The LAMBS Foundation re support the coordination and organization of the 2023 Juneteenth Festival (Requested by Mayor Dyer and Council Member Wooten) 5. Ordinance to APPROPRIATE $1.2 - Million from Parking Enterprise Fund Balance to FY2022-23 Economic Development Operating Budget re provide micro-transit services in the Resort Area 6. Ordinance to ACCEPT and APPROPRIATE $32,025 from a Class Action Settlement to Capital Project#100397, "Storm Water Quality Enhancements II,"re mitigate storm water pollutants and improve water quality Esy si LV,Y�VJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1.1 of the City Code to Add the Kempsville Area Library as a location for Absentee Voting in Person MEETING DATE: May 16, 2023 Background: On March 30, 2023, the Virginia Beach Electoral Board voted to add a location for early voting. These locations allow in-person early voting prior to the date of the November election and the presidential primaries and include required hours on Saturdays. The new location is: Kempsville Area Library, 832 Kempsville Road, 23464 • Considerations: The proposed satellite location meets the Americans with Disabilities Act requirements. Upon approval by the City Council, the satellite early voting location will be available for the November general election. • Public Information: As required by Virginia Code § 24.2-701.2 (A), notice of this proposed change was published in the newspaper once a week for two consecutive weeks. A public hearing was held on May 2, 2023 to allow the public to comment upon the proposed change. Additionally, an advertisement will be placed in the newspaper prior to the November General Election. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Map Recommended Action: Approval Submitting Department/Agency: Department of Elections/General Registrar City Manager:MO 1 AN ORDINANCE TO AMEND SECTION 10-1.1 OF 2 THE CITY CODE TO ADD THE KEMPSVILLE AREA 3 LIBRARY AS A LOCATION FOR ABSENTEE 4 VOTING IN PERSON 5 6 SECTION AMENDED: § 10-1.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. Section 10-1.1 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 10-1.1. Satellite absentee voting locations; notice. 15 16 (a) As authorized by Code of Virginia § 24.2-701.2, the satellite offices to be used 17 in the city for absentee voting in person are the following locations: 18 19 Bayside Recreation Center, 4500 First Court Road. 20 21 Great Neck Recreation Center, 2521 Shorehaven Drive. 22 23 Seatack Recreation Center, 141 S. Birdneck Road. 24 25 Meyera Oberndorf Central Library, 4100 Virginia Beach Boulevard. 26 27 Kempsville Area Library, 832 Kempsville Road. 28 29 (b) The general registrar shall provide notice of such absentee voting locations at 30 the office of the voter registrar and at the voter registrar's website. Such notice will include 31 information regarding what time the location is available for in-person absentee voting 32 and other pertinent details. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r) Voter Registrar -City o ey s ffice CA16145 R-1 April 18, 2023 MAP: Kempsville Area Library a � I ¢,. m o ,�Q of ty 1Vf olea�e z c ee�,,,,,,,,is ` 1k y` ej' Are Advanced d t Rodent Solutions o ; iv,„ a a I 1 0-SAT Virginia Beach9 Vino Italian+Bistro / T.J.Mario 9 .Kempswlle Area Library 2 [owe[n [Mf 9 Duorin 0 [� c ~ [n $a'c S Q�. ',Dominos Pizza �s Ynot ttalian 9 E'+orip-y No The Sweet Spot 9 6,'a r: fr4f 4.Oro lokitwo, Brrcichouse Omer 99 110 Navy Federal c. [ Jungle Aouabcs9 S `4i410,4 Middle Sc vhoolo 0 F — 7 Servirpc Inc 0 Bus line- .68 miles from a bus stop Parking spaces-165 total (8 reserved for handicap) [ (,':'r.0y 1 POD � ��% i� 1 c;s ? ; CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Moving the July 4, 2023 Regular Meeting of the City Council to July 18, 2023 MEETING DATE: May 16, 2023 • Background: The City Charter provides that the City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Except for July and December, regular meetings are held on the first and third Tuesdays of each month at 6 p.m. in the City Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia. State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. • Considerations: July 4, 2023 falls on a Tuesday. Without action of the City Council, state law would transfer the July 4th meeting to the following business day. The attached resolution would move the July 4th meeting to July 18tn • Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers, and a public notice will be provided in the Beacon. • Attachment: Resolution Recommended Action: Approval City Manager: 0 1 A RESOLUTION MOVING THE JULY 4, 2023 REGULAR 2 MEETING OF THE CITY COUNCIL TO JULY 18, 2023 3 4 WHEREAS, the City Code provides the regular formal meetings of the City Council 5 in the Month of July shall be held in the Council Chambers of the City Hall Building on the 6 first and second Tuesdays of each month at 6:00 p.m.; 7 8 WHEREAS, state law provides that a regular meeting of the City Council may be 9 scheduled for a day other than the usual day upon adoption of a resolution; 10 11 WHEREAS, July 4, 2023 is a holiday and absent action by the City Council would 12 be rescheduled by operation of law to the following business day; and 13 14 WHEREAS, the City Council desires to maintain its Tuesday meeting schedule, 15 and therefore proposes the meeting from July 4, 2023 be moved to July 18, 2023. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, THAT: 19 20 1. The regular City Council meeting scheduled for July 4, 2023 is hereby rescheduled 21 for July 18, 2023. 22 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 23 and City Council Chambers. 24 3. The City Clerk shall post a copy of this resolution on the door of the City Council 25 Chambers from the date of adoption until 6 p.m. on July 18, 2023 and provide a 26 notice as required by law. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: • o ney's Office CA16096 R-1 May 3, 2023 ,;,,,,„. ....,...„ cS '�~SLR) ,„ C:e r~J� �i.a . titi :„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Outlining the Process to Occur upon Completion of the Interim Agreement and Future Schools Facility Design Processes MEETING DATE: May 16, 2023 • Background: The Public-Private Education Facilities and Infrastructure Act of 2002, Virginia Code §§ 56-575.1, et seq. (the "PPEA"), grants public entities the authority to create public-private partnerships for the development of a wide range of projects including educational facilities. The PPEA is intended to allow for timelier and more cost- effective procurement of such facilities. The Virginia Beach City Public Schools (the "VBCPS") received an unsolicited proposal for the design and construction of Princess Anne High School, B.F. Williams/Bayside 6tn and Bayside High School (the "Projects"). Following the required procedures under the PPEA, VBCPS solicited, reviewed, and advanced the negotiation of an Interim Agreement with S.B. Ballard Construction Company. The Interim Agreement will develop 30%design of the Projects over a twelve-month period, which should also allow the development of a proposed comprehensive agreement. The Interim Agreement has a not-to-exceed cost of $15,404,544. The School Board approved the Interim Agreement by resolution on August 9, 2022, and it confirmed its ongoing support by resolution on February 28, 2023. On March 7, 2023, the City Council adopted a resolution to provide the required authorization for the School Board to enter into the Interim Agreement. Due to continued questions regarding the PPEA process and the development of a long-term sustainability and affordability plan for Schools construction projects, certain actions were included as a condition of the City Council's approval of the Interim Agreement. The Resolution requested the VBCPS work with S.B. Ballard Construction Company to design functional school facilities that include options that find efficiencies of size and scale prior to or during the design process/community input process and, during the public engagement process, the VBCPS inform the public that construction timelines associated with the PPEA may not be financially feasible. The Resolution further requested that, at the conclusion of the Interim Agreement, the VBCPS brief the City Council with the 30% design options and updated construction cost estimates for the Projects, including scalable options, and present a financing plan to the School Board that is sustainable, affordable, and consistent with the City/School Revenue Sharing Formula. • Considerations: When the public entity is a school board, the PPEA requires the local governing body to approve the entry into an interim or comprehensive agreement, so the approval of the City Council will be necessary for the School Board to enter into a Comprehensive Agreement for the Projects. The attached resolution seeks to build upon the requirements of the March 7, 2023 resolution to provide more robust and regular reporting to the City Council during the design maturation process. The proposed process is as follows: a. Provide the City Council with the 30% design options and updated construction cost estimates for the Projects including scalable options and present a financing plan to the School Board that is sustainable, affordable, and consistent with the City/School Revenue Sharing Formula. b. In all new or substantially renovated VBCPS facilities, including the Projects, provide the City Council with reports, in addition to those provided in subsection a., supra, at the 25% design, 50% design, and 80% design with the updated costs, overview of the design, and other pertinent information that the City Council needs to provide its continued financial support of the applicable VBCPS facility. c. Guidance and direction will be provided by the City Council should funding limitations require the need to pivot to alternative scalable facility options as provided in any of the design reports to City Council. The resolution further requests the School Board adopt a resolution concurring with the proposed process. • Public Information: Normal City Council agenda process. • Attachments: Resolution Requested by Mayor Dyer and Councilmembers Remick and Taylor REQUESTED BY MAYOR DYER AND COUNCILMEMBERS REMICK AND TAYLOR 1 A RESOLUTION OUTLINING THE PROCESS TO 2 OCCUR UPON COMPLETION OF THE INTERIM 3 AGREEMENT AND FUTURE SCHOOLS FACILITY 4 DESIGN PROCESSES 5 6 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 7 Board received an unsolicited proposal for the design and construction of Princess Anne 8 High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"); 9 10 WHEREAS, following the required procedures under the Virginia Public-Private 11 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS solicited, reviewed, and 12 advanced to negotiation of an Interim Agreement with S.B. Ballard Construction 13 Company; 14 15 WHEREAS, the Interim Agreement will develop 30% design of the Projects over a 16 twelve month period, which should also allow the development of a proposed 17 comprehensive agreement, for the Projects with a not-to-exceed cost of$15,404,544; 18 19 WHEREAS, the PPEA requires a school board to obtain approval from the local 20 governing body prior to entry into an interim or comprehensive agreement; 21 22 WHEREAS, on March 7, 2023, the City Council approved a resolution that 23 authorized the School Board's entry into the Proposed Interim Agreement for the Projects 24 in an amount not-to-exceed $15,404,544 (the "Resolution"); however, due to continued 25 questions regarding the PPEA process and the development of a long-term sustainability 26 and affordability plan for Schools construction projects, certain actions were included as 27 a condition of the City Council's approval of the Interim Agreement; 28 29 WHEREAS, the Resolution requested the VBCPS work with S.B. Ballard 30 Construction Company to design functional school facilities that include options that find 31 efficiencies of size and scale prior to or during the design process/community input 32 process and during the public engagement process VBCPS inform the public that 33 construction timelines associated with the PPEA may not be financially feasible; 34 35 WHEREAS, the Resolution further requested that, at the conclusion of the Interim 36 Agreement, the VBCPS brief the City Council with the 30% design options and updated 37 construction cost estimates for the Projects, including scalable options, and present to 38 the School Board a financing plan that is sustainable, affordable, and consistent with the 39 City/School Revenue Sharing Formula; 40 41 WHEREAS, the City Council believes its fiscal responsibility, as the entity 42 responsible for levying taxes upon the City's residents, requires a more robust oversight 43 of the design of the VBCPS facilities; 44 45 WHEREAS, while the PPEA process makes approval of a comprehensive 46 agreement a statutory requirement, this process has amplified the desire of the City 47 Council to oversee design development of the VBCPS facilities; 48 49 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA, THAT: 51 52 The City Council hereby requests the following process be utilized in the 53 communication of design maturation of the VBCPS facilities including any future request 54 of the City Council to approve a comprehensive agreement for the current PPEA process: 55 56 a. As provided in the Resolution, provide the City Council with the 30% design 57 options and updated construction cost estimates for the Projects, including 58 scalable options, and present a financing plan to the School Board that is 59 sustainable, affordable, and consistent with the City/School Revenue Sharing 60 Formula. 61 62 b. In all new or substantially renovated VBCPS facilities, including the Projects, 63 provide the City Council with reports, in addition to those provided in subsection 64 a., supra, at the 25% design, 50% design, and 80% design with the updated 65 costs, overview of the design, and other pertinent information that the City 66 Council needs to provide its continued financial support of the applicable 67 VBCPS facility. 68 69 c. Guidance and direction will be provided by the City Council should funding 70 limitations require the need to pivot to alternative scalable facility options as 71 provided in any of the design reports to City Council. 72 73 BE IT FURTHER RESOLVED: 74 75 The City Council requests that the School Board adopt a resolution concurring with 76 the foregoing process. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: Office o the City Attorney CA16159 R-1 May 10, 2023 t!1I f, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds and to Award a $50,000 Grant to The LAMBS Foundation for the 2023 Juneteenth Festival MEETING DATE: May 16, 2023 • Background: TEAM LAMB has approached the City with plans to host its second annual "Juneteenth at The Beach" festival in June. The LAMBS Foundation is the non- profit arm of TEAM LAMB, which describes themselves as "a big-brother organization who focuses on clothing, mentorship and community elevation." • Considerations: In 2022, the City of Virginia Beach partnered with TEAM LAMB for the inaugural "Juneteenth at the Beach" festival. The festival was held June 18th and 19th at the 24th Street Park. The event featured family-friendly events, a concert featuring emerging artists, a beauty pageant, yoga, poetry readings, and a car show, as well as the opportunity for vendors to sell food and merchandise. As a condition of receiving grant funding, The LAMBS Foundation will provide details regarding the use of the grant funds, event participation, and economic impact within 90 days of the event. • Public Information: Normal agenda process. • Attachments: Ordinance, Disclosure Statement; Proposed Project Budget Requested by Mayor Dyer and Councilmember Wooten REQUESTED BY MAYOR DYER AND COUNCILMEMBER WOOTEN 1 AN ORDINANCE TO TRANSFER FUNDS AND TO 2 AWARD A $50,000 GRANT TO THE LAMBS 3 FOUNDATION FOR THE 2023 JUNETEENTH 4 FESTIVAL 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $50,000 is hereby transferred within the General Fund to the Non-Departmental 10 Regional Grants. 11 12 2) A one-time grant of $50,000 is hereby awarded to The LAMBS Foundation 13 to support the coordination and organization of the 2023 Juneteenth Festival. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L.,,k41- .,.*-arm/Hans. Bridget and Management Services orney's Office CA16163 R-2 May 11, 2023 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: L.A.M.B.S FOUNDATION 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 If additional sheets c' 0 Accounting and/or preparer of Jennifer Branham your tax return TruisFinancial Services(include Navy Bank lending/banking institutions Federal or [� en ns Mortgage holders David and current mortgage holders as leader with New Rez applicsb�) Mortgage No ® Legal Services No o Broker/Contractor/Engineer/ot her 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 up David Leader 5/2/23 , * Zo 1 k, 1\114Y A ,EA ,4 1p * x * "4IMF AI\ illinlE \ zc • Ai THE BEACH ''' zs ,,, a- iti, A "-- PARTNERSHIP milt _ t Vra Pii , s': 11,21 i # ' a i i it . ., 111, PROPOSED TO: WWW.TEAMLAMB.US Mayor Bobby CEO, DAVID LEADER YDyerPRESIDENT, ED WALLS CREATIVE DIR., MICAH WALLS 850-586-9198 TEAMLAMBINC@GMAIL.COM :a 1,1* lq � � ABOUT IN JUNETEENTH AT THE BEACH r r- t% - 1- - , - . - - - - - - t : _ iric filo ,,,, : , it• SYOURCU" uurot - : I ^7 A �,.: r a "fin „0,07 , 4-. , . , , 1 . , . .‘,..7., Ai . . , . . / ,A, i . 0" 4 „A. ; : . tit, i „.. ....._ .1,-.1 , —4.'""—7' -1 ( Aric:,,,.;_-_ ,1-4011v ,t . The event "Juneteenth at the Beach 2023: Turning the Tide" will be a 3-day celebration of African American culture that is centered around music, fashion, art, food, fireworks, education, and history. During this event, attendees will enjoy an evening of live musical performances from national artists highlighting Black Music Month, a Miss Tidewater Black Beauty Pageant and an "Emerge" Artist Showcase. To ensure maximum exposure and promotion prior to the event, an advertising plan will be developed, outlining targeted marketing outlets, such as radio & television spots, print advertisements in local/regional magazines, and newspapers as well as online digital marketing plus social media platforms. CITY OF VIRGINIA BEACH PREVIOUS TITLE SPONSOR & The City of Virginia Beach sponsored the inaugural Juneteenth festival with a sponsorship of$15,000 and also a vote through City PRESENTING SPONSORS Council to make it an annual event. POOLSIDE COOKING 0 Local TV show that highlights chefs and entrepreneurs in the area. Directed by Jemmalyn Hewlett.Poolside Cooking airs on Sky4 TV and Roku.$10.00 valued in-kind sponsorshipCo . ONYX REALTY Number 1 African American and minority-owned real estate company in Virginia.The"Diamond Standard"of realty throughout Hampton Roads.$1000 cash prize for Tidewater pageant i PROJECT BACKGROUND • . v.1,-eal . ii, ..._ ‘.: 1,... . _ .., . il , .- ____ ,... ,. ... -,b ... . . ..__, ., - , Ati. 4 . ..� '44 4, ��,�' i ..... :_,..,„.. _ - ' i ''', ;:iii--: . ,. , , .., . Itik .... , i . ,I . 4 ' s..."Allill it\111111111\iir , fli — lea 4 1 , t .1. , „ -41- ,-, , i . _ lir. r - 1 --i E s I t JO • 111 2022 DEBRIEF In 2022.the Juneteenth at the Beach Festival premiered at the Virginia Beach Oceanfront,featuring various events to celebrate this national holiday.The event was well-received by the community and yielded positive reviews by participants. •Juneteenth weekend at 24th street park •Organized by 5 individuals(TEAM L.A.M.B.) •Over 12 different events during festival •34 vendors with positive sales margins •TEAM L.A.M.B. made approximately$2,000 in merchandise sales •Performances from 82 individuals&groups •Reached 120,815 social media users •3,006 festival registrations from 23 states •3 radio interviews&3 news channel appearances •Father of the Year&Miss Tidewater winners •No violence reported •Beach and park kept clean •Representation of cultural diversity •Virginia Beach history as first Juneteenth celebration •Local government support •Positive reviews GOALS & OBJECTIVES A multi-day Juneteenth celebration will impact positive cultural programming,thus attracting visitors, small business owners, creatives, and entrepreneurs to the Virginia Beach Oceanfront resort. During the 2023 Juneteenth at the Beach Festival,T.E.A.M. L.A.M.B.will curate the second annual event to continue cultivating community diversity and strengthening Virginia Beach's surrounding businesses. + E •-'-- �J I w rw...+ SIP._.+A.� j t t ...t tr ^Te (. �� . y 11 ` r ./ . '. ' ,IF i...-.Z.. ,,Nre \ N i 1 IE 1( [ r . 41 r i �� 40"; _-?' 115i4 Qo , pet J i �, 1 ' e ' t J 1(1, I a _:el �. • ice--- ' _ __._. _ . I BUSINESS SOLUTION In order to ensure the event runs smoothly and all tasks are completed on time,a timeline will 01 be developed that outlines each individual task required in order to successfully execute the event. The estimated costs associated with the event include rental equipment,insurance,permits, food and beverages,seating arrangements,restrooms,handicap access accommodations as 02 well as security measures to ensure the safety of all participants.A detailed budget summary will be created outlining all anticipated costs associated with hosting the event in order to ensure a successful outcome. 0 3 The risk management plan outlines potential issues or disasters that may arise during the event,such as inclement weather or medical emergencies.This should include an emergency response plan that covers all contingencies in case of unforeseen circumstances. RISK lq M4Y) MANAGEMENT N . , ._, ,,,. . . . ,: P • • I - • ,!, r- ..• . . 1 • If: Y , .,..4F tssi••e 1 r `a 11 • to �+•or •t titP,. . 1.1e 014 TN�i �1 i . iiii 1. Inclement weather: Prior to the event, monitor daily weather forecasts and if necessary, make any adjustments to the schedule for the duration of the event. Have a backup plan in place in case of severe weather, such as providing sheltered areas for attendees and having tents and/or marquees available to provide relief from sun or rain. 2. Power outages: Ensure that all rental equipment is tested prior to the event and have a backup plan ready in case of power outages (i.e. portable generators). 3. Medical emergencies: Have trained personnel onsite at all times during the event to respond quickly and efficiently to medical emergencies as they arise. Also, ensure that there are ample supplies of first aid kits available throughout the event area for any minor injuries or incidents that may occur. 4. Unruly attendees: Utilize security personnel at all entrances to the event to ensure that all attendees are properly screened and that any suspicious or disruptive individuals are not allowed entry. Also, have a plan in place for dealing with any unruly or disruptive behavior during the event (i.e. ejection from event premises). Additionally, create an emergency response team of security personnel and staff who will be ready and available in case they are needed.We will also provide overnight security to secure all the vendors' merchandise and supplies. *0 * lqM � IN BUDGET Juneteenth Event Schedule:June 17th, 18th, &19th • Tables tents and chairs for seating guests and vendors: $2,500 • Audio/visual equipment (microphones, sound systems, etc.): $20,000 • Lighting and production crew: $5,000 • Event Staff $5,000 • Food and beverage for VIP (catering services): $2,000 • Performers/special guests: $100,000 • Advertising materials (flyers, posters, social media campaigns etc): $15,000 • Insurance coverage for event liability and property damage: $500 • Logistics/supplies: $20,000 • Media: $10,000 • Crew: $10,000 • Security: $3,000 • Host/Speakers: $2,500 • Videographers/Photographers $3,000 • STEM program $1,500 • Total Budget$200,000 lqM 'Y' • With your support and community engagement, we are sure to leave a lasting impression and make Virginia Beach the go-to destination for tourists celebrating Juneteenth. The impact of this event will create unity in the community and bridge the gap between corporations, small businesses, and local creatives. D Thank you for bringing H.O.P.E. to Virginia. >III i 1 1 I . ' bi. 0 MIGHTYD, ,e roeur 1 Z \ A ,,,,,, •4 Ili ... ,.._ I _. ,. ,_ , ii.,, f,. c:. ,)... .. I— ,, \ .,.:,,, , , , . 4.„,.._ I ., , z.,. . ,_ „„.... ,.. i ,... ,. ... i . WWW.TEAMLAMB.US CEO, DAVID LEADER PRESIDENT, ED WALLS CREATIVE DIR., MICAH WALLS 850-586-9198 TEAMLAMBINC@GMAIL.COM 4,..,,,,, .,,, rt i7•, ttrJ CITY OF VIRGINIA BEACH AGENDA ITEM iN ITEM: An Ordinance to Appropriate $1,200,000 from the Fund Balance of the Parking Enterprise Fund to Provide Micro-Transit Services in the Resort Area MEETING DATE: May 16, 2023 • Background: The Resort Area Mobility Plan (RAMP) calls for enhanced shared mobility services at the Resort to improve circulation. On April 19, 2022, the City funded a one-year pilot program with Freebee for $550,000 from the Parking Enterprise Fund (PEF). As of the end of March 2023, Freebee has provided rides for over 80,000 people at the Resort. The average wait time is around 20 minutes during peak times. Ridership data shows Freebee activated all the neighborhoods surrounding the beach as well as businesses located west of Atlantic Avenue. Based on the initial success of the pilot program, the Resort Area stakeholders have expressed a desire for the expansion of these services. During the pilot program, the City funded 5 vehicles. Building on the success of that pilot and understanding the seasonal changes in demand, the City seeks to fund 10 cars during the peak summer season and 5 cars during the fall/winter season. To meet these new objectives, an additional $1 .2 million is needed to fund the additional year with expanded service. The PEF would be the funding source for the next year of the contract, with future year funding and continuation of the service to be decided later. A potential source of funding could be the Tourism Investment Program Fund. • Considerations: The expansion of this service will increase ridership capacity and seek to meet demand during peak times. This ridership model seeks to provide an environmentally friendly alternative to multiple parking stops within the Resort Area. Additionally, this service should help the City address the loss of public parking spaces at the Oceanfront. The fund balance of the PEF is currently $7,124,470. • Public Information: The City Council was briefed on the pilot project performance on March 28th, 2023. Various stakeholders and associations at the resort were briefed on the project as well. This item will be advertised as part of the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:f7 1 AN ORDINANCE TO APPROPRIATE $1,200,000 FROM 2 THE FUND BALANCE OF THE PARKING ENTERPRISE 3 FUND TO PROVIDE MICRO-TRANSIT SERVICES IN THE 4 RESORT AREA 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,200,000 is hereby appropriated, with revenue increased accordingly, from the 10 fund balance of the Parking Enterprise Fund to the FY 2022-23 Operating Budget of the 11 Department of Economic Development to continue micro-transit services in the Resort 12 Area using the Freebee service. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udgetagement Services and Mna or eYlAfrice CA16160 R-1 May 3, 2023 24�[ rsA-z-B4,1- psi 4 Min" J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from a Class Action Settlement to Capital Project #100397, "Storm Water Quality Enhancements II" MEETING DATE: May 16, 2023 • Background: On June 24, 2020, various cities, counties, and the Port of Portland that had sued Monsanto filed a Motion for Certification of Settlement Class and Preliminary Approval of Class Action Settlement in the Federal District Court of the Central District of California. In their complaints, Plaintiffs asserted that Defendant manufactured a class of industrial chemicals called polychlorinated biphenyls ("PCBs") between the 1930s and 1977 and stated various causes of action against Defendant for alleged PCB-related impairments to the environment, including to water bodies. Plaintiffs alleged that PCBs are present at sites and public properties, including in stormwater, stormwater and wastewater systems, water bodies, sediment, natural resources, fish and wildlife. Plaintiffs sought compensatory damages and injunctive and equitable relief. On March 14, 2022, the Court entered an order certifying the Action as a class action, and specifically certifying a Nationwide Class. The claims certified for class-action treatment include claims that Defendant's PCBs and PCB-containing products outweighed the benefits of their uses, that Defendant failed to warn of the risks of harm associated with the PCBs and PCB-containing products, and that Plaintiffs and the Settlement Class Members suffered property damage as a result of PCB contamination. The Plaintiffs and the Defendant have entered into an agreement to settle the Action. The Court has preliminarily approved the Settlement Agreement as fair, reasonable, and adequate. The Settlement Agreement identifies "Initial Settlement Class Members,"which include 2,528 cities (including the City of Virginia Beach), counties, and certain other governmental entities that hold a Municipal Separate Storm Sewer System (MS4) permit. More specifically, the Initial Settlement Class Members include any county, city, town, village, borough, township, and independent port district that, as of June 24, 2020, holds a NPDES Phase I or Phase II MS4 permit with jurisdictional boundaries within a USGS 12-Digit Hydrologic Unit Code (HUC) Watershed that contains and/or is immediately adjoining a Clean Water Act (CWA) § 303(d) waterbody impaired by PCBs. The Settlement is structured to provide compensation to MS4 owners only. In the Class Action Settlement Agreement between the parties, Monsanto has agreed to pay up to five hundred and fifty million dollars ($550,000,000) as the total and maximum dollar amount Monsanto will be obligated to pay as a net class benefit if the Court grants final approval and all other contingencies are met. This amount includes all payments (i) to Settlement Class Members in exchange for the Release as described in the Notice, and (ii) to the Plaintiffs as class-representative awards. Each Settlement Class Member who has not excluded itself from the Class will be eligible to receive a settlement check(s) from the Class Action Settlement Administrator based on the Settlement Class Allocation method developed by Lead Class Counsel, the Special Master, and the Named Class Plaintiffs' consulting experts, which has been approved by the Court as fair and reasonable. A team of City staff agreed that there was no risk to the City and recommended to continue participation in the settlement. The Settlement amount has been allocated among four separate funds for Class Members. Each member of the Monitoring Fund or TMDL, which the City falls under, has received no more than $32,025, depending upon the member's individual population, whether it holds a Phase I or Phase II permit, and whether the member is eligible for certain allocation under the TMDL and Sediment Sites Funds. According to these requirements, the City will receive the maximum allowed amount of $32,025. The funds are intended to pay for PCB sampling and/or any other mitigation efforts in the Settlement Class Member's sole discretion, as part of compliance with applicable law. • Considerations: Accepting the $32,025 from the PCB Class Action Settlement will allow the Department of Public Works to continue its efforts in stormwater and surface water quality monitoring to support pollutant load reduction and local water quality impairments. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Capital Project #100397 Detail Sheet Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: i'V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM A CLASS ACTION SETTLEMENT TO 3 CAPITAL PROJECT #100397, "STORM WATER 4 QUALITY ENHANCEMENTS II" 5 6 WHEREAS, on June 24, 2020, various cities, counties, and the Port of Portland 7 ("Plaintiffs") that had sued Monsanto ("Defendant") filed a Motion for Certification of 8 Settlement Class and Preliminary Approval of Class Action Settlement in the Federal 9 District Court of the Central District of California, 10 11 WHEREAS, on March 14, 2022, the Court entered an order certifying the action as 12 a class action, and specifically certifying a Nationwide Class, 13 14 WHEREAS, Plaintiffs and Defendant have entered into an agreement to settle the 15 Action, and 16 17 WHEREAS, the City participated in the settlement and was awarded $32,025; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 $32,025 from a class action settlement is hereby accepted and appropriated, with 23 miscellaneous revenue increased accordingly, to Capital Project #100397, "Storm Water 24 Quality Enhancements II," which seeks to mitigate storm water pollutants and improve 25 water quality. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LA and Management Services ity Attorn y's Office CA16164 R-1 May 3, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100397 "Title:Storm Water Quality Enhancements II "Status:Proposed Category:Storm Water Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement 'istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 18,816,472 10,416,472 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,0s. Description and Scope This project includes programs and projects to achieve stormwater pollutant reductions.This project includes performing project planning to identify water quality improvement projects to improve local water quality and to support implementation of Total Maximum Daily Load(TMDL)Action Plans.These action plans include:Bacteria TMDL Action Plan,Phosphorus TMDL Action Plan,and the Chesapeake Bay TMDL Action Plan.This project also includes updating these plans and measuring progress in achieving the required pollutant load reductions.This project includes studies,project planning,design, and may provide for construction of water quality improvement projects as funding allows.This program includes compliance tracking and reporting, inspections and monitoring,adaptive management,strategic planning,engineering studies,and public outreach and education associated with TMDL action plan implementation.This project also includes stormwater and surface water quality monitoring to support pollutant load reductions and local water quality impairments. Purpose and Need The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from its system to local waterways.The MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act.The MS4 permit requires the development and implementation of Total Maximum Daily Load(TMDL)Action Plans for impaired waterways in the City that are identified in the permit.These plans are incorporated into the MS4 permit and require the City to implement programs and construct stormwater management facilities to meet the City's pollution budgets or waste load allocations set by DEQ. History and Current Status This project first appeared in the FY 2012-13 CIP,as an ongoing program and is a continuation of project 7-183 Storm Water Quality Enhancements. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/19-06/29 280,000 Design 07/12-06/29 2,800,000 Site Acquisition 07/12-06/29 800,000 Private Utility Adjustments 07/12-06/29 200,000 Construction 07/12-06/29 11,300,000 Contingencies 07/12-06/29 3,436,472 NO MAP REQUIRED Total Budgetary Cost Estimate: 18,816,472 Means of Financing Funding Subclass Amount Local Funding 18,475,537 Federal Contribution 65,000 State Contribution 275,935 Total Funding: 18,816,472 L. PLANNING 1. COMMONWEALTH CATHOLIC CHARITIES/CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re group home at 642 North Lynnhaven Road DISTRICT 8 (Formerly District 5 —Lynnhaven) RECOMMENDATION: APPROVAL 2. THE MINWER& JULIA SUBEH REVOCABLE JOINT TRUST DTD 8/29/2013 for a Change of Zoning from B-2 Community Business to I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 728 South Military Highway DISTRICT 1 (Formerly District 2 —Kempsville) RECOMMENDATION: APPROVAL 3. PRINCESS ANNE VILLAGE, LLC /PRINCESS ANNE VILLAGE, LLC & CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from AG -2 Agricultural District to Conditional PD-H2 Planned Unit Development(R-10 Residential District) and a Modification of Proffers to a Conditional Rezoning re properties located at 2369, 2373, 2375, 2377, 2381, 2385 Princess Anne Road and 2393, 2401, 2413 North Landing Road, Parcel between 2393 North Landing Road & 2385 Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne) RECOMMENDATION: APPROVAL 4. AMIR YAHYA RAZI for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business and a Conditional Use Permit re automobile repair garage located between 2989 and 3005 Holland Road DISTRICT 2 (Formerly District 7— Princess Anne) RECOMMENDATION: APPROVAL 5. CHRISTINA DANIELLE PATTERSON /JN & RBD, LLC for a Conditional Use Permit re tattoo parlor at 328 Office Square Lane, Suite 203 DISTRICT 1 (Formerly District 2— Kempsville) RECOMMENDATION: APPROVAL 6. BOLD BEAUTY INK, LLC/ALVIN J. LANESE TRUST for a Conditional Use Permit re tattoo parlor at 968 South Oriole Drive, Suite 100 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 7. PATRICIA A. GANDY/SCOTT M. GANDY & PATRICIA A. GANDY for a Conditional Use Permit re home-based wildlife rehabilitation facility at 102 Willow Drive DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 8. WILLIAM J. WRIGHT,JR./BEACH FRONT FINANCING, LLC for a Conditional Use Permit re short term rental at 911 Pacific Avenue, Unit C DISTRICT 5 (Formerly District 6— Beach) RECOMMENDATION: APPROVAL 9. TARA RYAN/PACIFIC AIR 3, LLC for a Conditional Use Permit re short term rental at 925 Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 10. MILTON J. PRICE, III for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 603 DISTRICT 5 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 11. FRANCES ROBBINS OMAN for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 217 DISTRICT 6 (Formerly District 6—Beach) RECOMMENDATION: APPROVAL 12. Ordinance to AMEND Oceanfront Resort Form-Based Code Section 5.3.7 re temporary commercial parking lots RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,May 16,2023 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: mus./i vbeov.wehex comlwebunk/register/r19d396830aer3.9721 d5.931 Rf542(d689 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on May 16,2023. The following requests are scheduled to be heard: Commonwealth Catholic Charities(Applicant)Catholic Diocese of Richmond(Property Owner)Modification of Conditions(Group Home)Address:642 North Lynnhaven Road GPIN(s):1488805079 City Council:District 8 The Minwer&Julia Subeh Revocable Joint Trust dtd.8/29/2013(Applicant&Property Owner)Rezoning(B- 2 Community Business District to I-1 Light Industrial District)Conditional Use Permit(Bulk Storage Yard) Address:728 S Military Highway GPIN(s):1456279020 City Council:District 1 Princess Anne Village,LLC(Applicant)Princess Anne Village,LLC,City of Virginia Beach(Property Owners) Conditional Rezoning (AG-2 Agricultural District to PD-H2 Planned Unit Development (R-10 Residential District) Modification of Proffers to incorporate an 0.88-acre parcel into the Princess Anne Village development for up to a total of 93 dwelling units at a density of 2.50 units/acre Addresses:2369,2373, 2375,2377,2381,2385 Princess Anne Road&2393,2401,2413 North Landing Road,Parcel between 2393 North Landing Road&2385 Princess Anne Road GPIN(s):1494926240,2404012707,1494927384, 2404031158, 2403293752, 1494928455, 2404023254, 2404030056, 2404024848. 2404035242, 2404036378 City Council:District 2 Amir Yahya Razi(Applicant&Property Owner)Conditional Rezoning(AG-2 Agricultural District to Conditional B-2 Community Business District)Conditional Use Permit(Automobile Repair Garage)Address:Parcel on Holland Road,between 2989&3005 Holland Road GPIN(s):1495235225 City Council:District 2 Christina Danielle Patterson(Applicant)iN&RBD,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor) Address:328 Office Square Lane,Suite 203 GPIN(s):1466793843 City Council:District 1 Bold Beauty Ink,LLC(Applicant)Alvin J.Lanese Trust(Property Owner)Conditional Use Permit(Tattoo Parlor) Address:968 South Oriole Drive,Suite 100 GPIN(s):2418711141 City Council:District 6 Patricia A.Gandy(Applicant)Scott M.&Patricia A.Gandy(Property Owners)Conditional Use Permit(Home- Based Wildlife Rehabilitation Facility)Address:102 Willow Drive GPIN(s):2418733619 City Council:District 6 William J.Wright,Jr(Applicant)Beach Front Financing,LLC(Property Owner)Conditional Use Permit(Short Term Rental)Address:911 Pacific Avenue,Unit C GPIN(s):24272444111035 City Council:District 5 Tara Ryan(Applicant)Pacific Air 3,LLC(Property Owner)Conditional Use Permit(Short Term Rental)Address: 925 Pacific Avenue GPIN(s):24272444111145 City Council:District 5 Milton J.Price,III(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:303 Atlantic Avenue,Unit 603 GPIN(s):24273224031780 City Council:District 5 Frances Robbins Oman(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address: 4005 Atlantic Avenue,Unit 217 GPIN(s):24280514484090 City Council:District 6 City of Virginia Beach-An Ordinance to amend Section 5.3.7 of the Oceanfront Resort Form-Based Code Pertaining to Temporary Commercial Parking Lots. 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-APRIL 30,2023&MAY 7,2023-1 TIME EACH /cillcs- giNix / /4 ;7,/ - 7/- , 00 . 'h , tt/ / `fi 4::: \/ / 7, D, _ 0 z it": ,,,, coo Nr r 1•446, 4:1 Q _.— I o 6 cc \ ES Tr o CD CD <3e°4ii' ' . 4) 'ON' ei - • I : \CN1 N A , 0 <, / -0:) \ti/Ce/-6- . 2. / . ,,, / 0/ .11 ) ' /IP/ \c-5 Tr / /7 114 ,JVC‘Es // , ifit\ .,6)" .(2, 4 l)4fZio ' 5evc' • i �,J . ). ..:00„re „ ,./ i co ,_ ,\, 9. scp , , cx/3,,, v/, <,,> 0' <\? 0„ . q), \ 0 00 I .--)r - 0) Q� ��' �p/4( , ,O ��`p �o y N 0 3 Qa � < 2 ocu U ce v � <3 / co c p Tr2/&. ..tuN 'W Nti r 0 . ( 4,44wie.,*0‘ %/1 ,411)* .c', ,N\‘` 0E cs to 1P4S4 e+,, ,N- ,,\,. ). \ es- \ -, \ (..) ; • '9/4 '., \S" ' .< .' ' 4, < 4 p 4 • . . 0. 6 4Ip ()Ali 4 12L94-** Pt)0./. 0 o ti o to./ <0. ft, No , /\,\ r• ei/ / -- • • ÷06 \tp • / , 4 4).* 14 , 4 iVa, ti,/ce o > . -f-iit -- / >, 0,) ‘7' Z/ N* ' lett! , /4/41 AA IS - 1 \CD - / 0 Q p•\\ I-_ A\\. =0°5- -6 < c> ci) , 0 c,_ ._ 32 <n in a n°i m CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: COMMONWEALTH CATHOLIC CHARITIES [Applicant] CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions to a Conditional Use Permit (Group Home) for the property located at 642 N Lynnhaven Road (GPIN 1488805079). COUNCIL DISTRICT 8, formerly Lynnhaven MEETING DATE: May 16, 2023 ■ Background: The applicant is requesting to modify the conditions of a 1984 Conditional Use Permit for a Group Home on property zoned R-10 Residential District. The applicant seeks to extend the amount of time a resident can reside in the group home from 2 weeks to 90 days. The previous group home operated at this location from 1984 to 2021 and served runaway girls. The proposed group home will serve unaccompanied minors between the ages of 5 and 17, who crossed the southern border of the United States and are seeking to be reunited with their families living in the United States. The facility will operate 24 hours a day, 7 days a week with a staff member on-site at all times. All necessary services, including educational, nutritional, and mental health, will be provided on site for the residents. This group home will be run by Commonwealth Catholic Charities which will operate as a tenant to St. Nicholas Catholic Church. • Considerations: The previous group home, Seton House, operated successfully on the site for 37 years before relocating to another site in 2021 . The request to resume the group home use is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area as the use will provide a needed service and a change in the length of stay allowed would not negatively impact the surrounding area. Minor cosmetic changes to the exterior of the building are proposed. The first floor will include office space, dining space, and recreation space while the second floor will be renovated to provide individual and shared bedrooms. Although the applicant initially requested to extend the maximum length of stay to 90 days, Staff decided not to condition the length of stay since such a limitation is not established in the Zoning Ordinance. Commonwealth Catholic Charities Page 2 of 3 Staff has received 14 letters of support, 2 letters of opposition, and 1 letter of concern regarding the application. There was 1 speaker in support and 4 speakers in opposition at the Planning Commission hearing. Those in opposition cited concerns over previous issues with residents of the group home, the demographic of children residing at the group home, and the removal of the 90-day limit initially requested. Based on the concerns of the those in opposition, the Planning Commission recommended a maximum of 10 children between the ages of 5 and 17 for a period not to exceed 90 days. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. All conditions attached to the previous Conditional Use Permit granted on February 6, 1984, are hereby deleted, and superseded by the following conditions. 2. The proposed building shall be improved in substantial conformance with the submitted architectural renderings entitled "ST NICHOLAS BUILDING PLANS", prepared by R.P. Morgan. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Department of Planning & Community Development. 3. All existing landscaping on the property shall be retained and maintained. 4. The number of children associated with this conditional use permit shall be limited to 20 10 children or as determined by the occupancy load set by the Building Official's Office for this Group Home, whichever count is lower 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 6. 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. 7. 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. Commonwealth Catholic Charities Page 3 of 3 8. Children residing in the Group Home shall be limited to the ages between 5 to 17 and shall not reside on the property for more than 90 days. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (14) Letter(s) of Opposition (2) Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Commonwealth Catholic Charities Agenda Item Property Owner Catholic Diocese of Richmond Planning Commission Public Hearing April 12, 2023 10 City Council District 8,formerly Lynnhaven Virginia Beach Request Modification of Conditions (Group Home) Staff Recommendation , Approval t b AU;)LtY NAY Staff Planner ! 1 . '' ' \ Michaels McKinney F - a-. 1 c Location 642 N Lynnhaven Road (', GPIN l •• d4 i,, 1488805079141141161t, \ - Site Size 12.00 acresfr' sk %Ai ��' •AICUZ - , . 4, i , Less than65dBDNL J Cr} st \o Watershed i . A /4 Chesapeake Bay Existing Land Use and Zoning District Religious Use/ R-10 Residential • lillir - , if r Surrounding Land Uses and Zoning Districts �' 4%-' m IL' 7 '‘ieltot ot. -` ' ' North { 4......A y •` • ;: x � , ; Little Neck Road •, • '_, r".1• ` .- y'. _ Single-family dwellings/ R-5D Residential $0, , ' . p•� ",�.k� South ,°ro• � ' 4 Elementary school,single-family dwellings/ R- • °f .'�. • ,� ! blei, (•5 �►:_* - , 10 Residential - ' '` �4 j.-0:.., is 1.' East ./ . .:., Single-family dwellings/ R-10 Residential ' ` I. -5 '';',. r �►.. West . . y, . M. North Lynnhaven Road �; • .a , ' Single-family dwellings/ R-7.5 Residential ', 4 ."p. , ' Commonwealth Catholic Charities Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting to modify the conditions associated with a Conditional Use Permit for a Group Home, approved by City Council in 1984. Specifically,the applicant is seeking a modification to Condition 2 to extend the amount of time residents can be housed on site from two weeks to 90 days. • A former group home operated in this space between 1984 to 2021 and was operated by Mother Seton, a different entity not owned by the church. This proposed group home use will be operated by the St. Nicholas Catholic Church, located on the property. The previous group home served runaway teen girls who were below the legal age to emancipate themselves. Each resident was allotted a stay of up to two weeks in the group home.The current building has been vacant for a total of two years and the applicant seeks to re-establish the group home to serve unaccompanied minors, ranging from 5 to 17 years old who have crossed the border and are seeking to be united with their families. The applicant seeks to increase the maximum amount of time each resident can stay on site to 90 days. During the residents stay, efforts will be made by the applicant and Customs and Border Patrol to reconnect each resident with their parents or family members. • This use will go into an existing 5,000 square foot building on-site. Originally,this building served as a group home for up to 20 children and will be modified to accommodate 10 to 15 residents on-site. The facility will include offices, classroom space, a dining area and recreation space on the first floor. The second floor will include a mix of individual and shared bedrooms to accommodate siblings. It is the applicant's intent that the facility will operate 24 hours a day, 7 days a week with 10 full-time staff and 4 part-time employees to ensure a staff member is on-site at all times • As depicted on the submitted building elevations on page 9, only minor cosmetic improvements are proposed to the structure. o e �4v j V7 K4V 1-46.* iv* lok • 1 !` ..•�► �Q►.w `� Oi C3 Zoning History,� �'+;� .•`�! 0L v •w` ��4e NV �4 # Request • • •F.• .4*AV Oki 1 NON(Expansion of a Non-Conforming Use)Approved +; -;� , ♦V;- v c'a;�'' 07/05/2022 • irt-2,0,74434- /% •,��,. ',� � mo NON(Expansion of a Non-Conforming Use)Approved iY C� '►e A Lie / � �` 'Q 2 CUP(Mounted Columbarium)Approved 04/08/2003 r'� 4*/ �. %,�� ts� a_ MOD(Mounted Columbarium)Approved 04/08/2003 RV` / Ok. •t�.<y �j #' CUP Da care for the Elderl A roved 11/25/1995 �►' ( Y Y) pp�t �'� r CUP(GroupHome)Approved 06/23/1984 til 2501 4 .9.8 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a Modification of Conditions is, in Staff's opinion, acceptable given that the use is compatible with the surrounding area and has been successfully operating at this location for decades. During that time, staff has not Commonwealth Catholic Charities Agenda Item 10 Page 2 received any complaints related to the use. The Group Home will continue to provide a needed service that will support its community and residents. The existing building will undergo minor cosmetic changes to the exterior while interior renovations will be done to better accommodate residents. According to the 1984 Conditional Use Permit, Condition 2 required a sprinkler inspection that meets the approval of the Fire Inspection engineer. A sprinkler systems inspection was conducted on November 11, 2022,that found the current system satisfactory. Although the applicant was requesting to increase the maximum length of stay for residents of the facility to a finite amount of time (90-days), staff has decided not to condition the length of stay. Since the Zoning Ordinance does not restrict the amount of time an individual can reside within a group home, and since the use has been operating without issue for the last 37 years, Staff does not believe conditioning the length of stay is necessary for this application. Given that the use is not changing,staff does not anticipate a significant increase in traffic volume with this modification, given that the 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 6, 1984, are hereby deleted, and superseded by the following conditions. 2. The proposed building shall be improved in substantial conformance with the submitted architectural renderings entitled "ST NICHOLAS BUILDING PLANS", prepared by R.P. Morgan. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Department of Planning& Community Development. 3. All existing landscaping on the property shall be retained and maintained. 4. The number of children associated with this conditional use permit shall be limited to.2 10 children or as determined by the occupancy load set by the Building Official's Office for this Group Home, whichever count is lower S. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 6. 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. 7. 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. 8. Children residing in the Group Home shall be limited to the ages between 5 to 17 and shall not reside on the property for more than 90 days. 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 Commonwealth Catholic Charities Agenda Item 10 Page 3 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 1984 CUP Approval 1. Installation of automatic sprinkler and fire alarm systems meeting the approval of the Fire Protection Engineer. 2. Limitation of twenty children, each to be housed for a maximum of two weeks. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. A change in the length of time a resident can be housed would not negatively impact the surrounding area and would be supported by the Comprehensive Plan. 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 N Lynnhaven Road 2,800 ADT1 8,700 ADT 1(LOS 3"D") No Change Anticipated 2 1 Average Daily Trips 2 as defined by a Group Home 3 LOS=Level of Science Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Lynnhaven Road in the vicinity of this application is a two-lane undivided collector street. There are no plans to improve this portion of N. Lynnhaven Road. Public Utility Impacts Water & Sewer This site is connected to City sanitary sewer and City Water. Commonwealth Catholic Charities Agenda Item 10 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Commonwealth Catholic Charities Agenda Item 10 Page 5 Existing Site Layout ill, ,ift.,,,,/:'6. NN ,\''N ' ‘) /-r-I,.,--%, ��L r N. / ,./ N N - ,, / / 'N St. Nicholas Catholic Church N\ ' ! ' f , / 2 ME Cox Z Center for Elder Day \., Proposed Care \rGroup Home y,j_ Zyfy L'Z t F 4 Commonwealth Catholic Charities Agenda Item 10 Page 6 Proposed Floor Plan CAUTION: p, i F THIS PLAN WAS DERIVED MOSTLY FROM PHOTOS AND EXTERIOR ', I MEASUREMENTS.EXTERIOR DIMENSIONS ARE LIKELY ACCURATE WITHIN H-3'. INTERIOR PARTITIONS ARE LIKELY ACCURATE_+/-4. if 44 10' . ANIAIAR[CII AWN=VAWARM iveho -.II"- -ViRtIVI'R/1MYEli SIMIIVIAMS O.-•iJ•eevee$_-- -. 0 1 { r 11 .! •� _)-- -- L i� I f P • S Le N 'r --. -- YI ------- ••' ti.•.�.•!}:•:•:�:.:•: ��, �' --Yd}}}}:R►}}}.'�. JC•.'RY-.s:►Y]lA�- •}.e.....}}:•A.•a• f_s}...a:c.v.:4 a 11 J 17.4' 11a' 11•4518' 1E-11318' j 44•-8' / 1 x ,� — — — f . OLD RECTORY -FIRST FLOOR PLAN o 5 10 15 20 FT e j Scale:1f8"=1•-0' -- Commonwealth Catholic Charities Agenda Item 10 Page 7 Proposed Floor Plan CAUTION: THIS PLAN WAS DERIVED MOSTLY FROM EXTERIOR MEASUREMENTS EXTERIOR DIMENSIONS ARE LIKELY ACCURATE WITHIN+/-3' INTERIOR PARTITIONS ARE LIKELY ACCURATE=+/-4'. 16-1 12` 14'-6' 15'-2 12' - t / .1- ID no vo lit' 8 Li - $ • 1 ----\-1-17:1 - j-- .i., ::: 0 OLD RECTORY --- SECOND FLOOR PLAN 0. -_ 10 1l5 20 FT Scale:1/8"=1'-0" Commonwealth Catholic Charities Agenda Item 10 Page 8 Building Elevation J El _ r , ,.._. _.._ .___. 4..._ ..._ .1_________.1111LEL_E ._ „ix, SOUTH ELEVATION 3 ) Scale:1/8"=1'-0" RI r--- B ni El r . ( 2 " EAST ELEVATION 3 ) Scale:1/8"=1'-0" Commonwealth Catholic Charities Agenda Item 10 Page 9 Site Photos MI _ . s -..,1*.i, ' , I. 77i-,, $: 10. ,. -__ 1.— ,_ , '1i k i -., . . . . a -I 6it., ..,. -- ...... % 1"ti ' •. 't ''1W .7.4' .Or ' '; - - fp-101 . .,. .. - am _ .r - '�' o4.• s 4 if illi. 'ILA x • ` ♦• . '''.-a'h . ... J amR •:'i,I. r.c y,. 1,-F AW' 1"�A' 1,. Y 3 ¢' H 'aim`-..Yc*- 7"- -- i .0�y':r9''tt t'a1• ey s i wS014k"' .ail t `4G .l a,.r r '14 1 :+ 2 • 7'T.._1 •. fit- ' „ ,S. '�yj�`.3' t _. a7,f. • . + =tee }, i 1' Commonwealth Catholic Charities Agenda Item 10 Page 10 Site Photos . : -- , -----411.-,1.... - 1/4-....... go . . - e tit - Al1/446 ,-AV -....Nk, - Ilk _- -,- r , .-.. -- _ - wffliiillia' . ..., 0...... - ,,,... , . ..v. *: '‘,.•4, ',,-' 7-',-ti .-.'.'" ''',21k1: .....i• .42.- , 0.411. ' -.'.4' ,2.t '.-•• - ,;,-'.',' 4,..:„.../`-•: -,- : ‘N, ,- • N,„. , --r-— — — — -- — — — AILAII •,s 1111111 . ..: - IIP. •, '1 1111 I- -'.44'.' '-- a _ '‘ ... . - ,,. _ —„,...-7...........- .' . -_---------741K. . I__-„ . .,,,_. .- . : ,.,` " - -•-•.4 , — --...:.. -_ - -. -4, , Commonwealth Catholic Charities Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement Vri3 City of Virginia Beech Planning&Community -*- 11111111111114\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 Commonwealth Catholic Charities Does the applicant have a representative? 0 Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jay Brown,CEO;Anita Wallen,COO;Lori James CAO Attached list of Board members • If yes,list the businesses that have a parent-subsidiary:or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Commonwealth Catholic Charities Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement \43 City of Virginia Beach Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 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 Commonwealth Catholic Charities Agenda Item 10 Page 13 Disclosure Statement Disclosure Statement City of Virgmia Balch Pl- 114%41444041ii.,_ anning&Community Development a 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes lJ 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?E Yes l• No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Anita Wallen,Chief Operating Officer Print Name and Title 01-31-2023 Date Is the applicant also the owner of the subject property? ❑Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ,� �j El Nochanges as of Dat• 04/26/2023 Signature �� 27. o2',c.1 Print Name Michaela D. McKinney / Revised 11.09.2020 3 Commonwealth Catholic Charities Agenda Item 10 Page 14 Disclosure Statement Disclosure Statement Ni13 City of Virginia ginia Batch Planning&Community Development Owner Disclosure Owner Name Catholic Diocese of Richmond Applicant Name Commonwealth Catholic Charities 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? "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. Rev,sea 11.0y.2u2U 5 Commonwealth Catholic Charities Agenda Item 10 Page 15 Disclosure Statement Disclosure Statement V13 City of Vingi»ao&uth Planning&Communi Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • 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 11.09.2020 6 Commonwealth Catholic Charities Agenda Item 10 Page 16 Disclosure Statement Disclosure Statement Bo City of Virginia oth Planning& __________ 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 ure Rev.Venancio R.Balarote,Jr.,Pastor Print Name and Title 1/31/2023 Date Revised 11.09.2020 7 I P a g e Commonwealth Catholic Charities Agenda Item 10 Page 17 Letter Authorizing Owner Signature CATHOLIC DIOCESE OF RICHMOND Telephone (804)359-5661 Finance Office Fax 7800 Carousel Lane ♦ Richmond,Virginia 23294-4201 (804)358-9159 March 27,2023 Dear Sir or Madam: This is to certify that St. Nicholas, 712 Little Neck Rd., Virginia Beach, Virginia is a parish of the Catholic Diocese of Richmond. Rev. Venancio R. Balarote, Jr. is the Pastor of the Parish. Under the provisions of Code Section 57-17, Code of Virginia and the Code of Canon Law, Rev. Balarote is the fiscal agent of the Bishop of Richmond in regard to ordinary administration of the St. Nicholas Parish's financial affairs. Accordingly,he has the authority and must be the signatory on all leases, construction contracts and permits in the name of St. Nicholas Parish as they relate to ordinary administration. For acts of extraordinary administration as defined in the Code of Canon Law, Rev. Balarote has the authority to be the signatory on such documents once he has obtained the requisite approvals from the Bishop of Richmond. The Bishop of Richmond has consented to the lease of the premises located at 642 N.Lynnehaven Road,Virginia Beach,Virginia. Kindly see that Rev. Balarote is the primary signatory on all parish activities that involve this real property, construction contracts, and permits with the City of Virginia Beach in regards to the property located at 642 N. Lynnehaven Road,Virginia Beach,Virginia. Sincerely, /114. 4,/ Michael J McGee Chief Financial Officer Cc: Rev.Venancio R. Balarote,Jr.,Pastor St. Nicholas,Virginia Beach,VA Commonwealth Catholic Charities Agenda Item 10 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. Commonwealth Catholic Charities Agenda Item 10 Page 19 Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 10 Commonwealth Catholic Charities (Applicant) Catholic Diocese of Richmond (Property Owner) Modification of Conditions Address: 642 North Lynnhaven Road RECOMMENDED FOR APPROVAL— HEARD Madam Clerk: Our final agenda item for the day is agenda item number 10, Commonwealth Catholic Charities. It's an application for a Modification of Conditions, a Group Home at 642 North Lynnhaven Road in Council District eight. Would the applicant or the applicant's representative please step to the podium. Mr. Alcaraz: Sir if you could just state your name for the record. Mr. Brown: I'm Jay Brown from Commonwealth Catholic Charities. Mr. Alcaraz: How are you today? Mr. Brown: I'm doing well, Mr. Chairman. How are you? Mr. Alcaraz: Yeah, fine. Good. Just go ahead and speak your case. Mr. Brown: Sure. I'd like to take this opportunity to say thank you, Mr. Chairman, Mr. Vice Chairman, members of Commission, I'd also like to introduce Ms. Loretta Jackson, who's here with me. She serves as the local program manager of our ministry serving vulnerable children. We at Commonwealth Catholic Charities have partnered with the Commonwealth of Virginia's Department of Social Services and the Federal Department of Health and Human Services to provide quality care for unaccompanied children and refugee minors for well over 40 years. We're seeking a Modification of Conditions under an existing Conditional Use Permit that allows the operation of a group home for children, as staff has pointed out in their report. The existing limitation on the length of stay for children in our care is in conflict with the City's Zoning Ordinance and while we originally sought to extend the length of stay, we are satisfied with the staff recommendation to the length of stay condition be eliminated. I'd like to take the opportunity to thank Ms. McKinney and city staff for their professionalism and their assistance in this matter. We accept the conditions listed in the staff report and we appreciate your consideration of our application. I'm happy to answer any questions. Mr. Alcaraz: Sure. Are there any questions at this time? So, I'm going to ask the other speakers to come up and then I'll give you a chance to rebut. Madam Clerk: Mr. Chairman, we have five speakers signed up today. The first speaker, I'm calling Chris Carrasco to be followed by Don Landeskey. Mr. Alcaraz: Hi if you can just state your name. Ms. Carrasco: Good afternoon. I'm Reverend Dr. Chris Carrasco. I'm the pastor of King's Grant Presbyterian Church. We're located on 745 Little Neck Road right across the street from St. Nick's Catholic Church. And I would like to speak in favor of this application. I think CCC has a long track record of serving the most vulnerable in our nation. And I look forward to partnering with them in helping to provide meals or donations or any way that we can assist in this wonderful mission outreach service project that they have serving unaccompanied minors. So, we have, we are actually very excited about this opportunity and look forward to partnering with St. Nick's in the future for this ministry that we can provide with them. Thank you. Mr. Alcaraz: All right. Thank you for coming up. Madam Clerk: Next speaker Don Landeskey to be followed by Jim Zucchini. Mr. Alcaraz: How are you sir? If you could just state your name. Mr. Landeskey: I hope everybody can hear me. My name is Don Landeskey. I've been a resident of Virginia Beach Little Neck for over 50 years in the same house, a resident and a member of St. Nicholas Church for over 50 years and almost drive the same vehicle for 50 years, a little consistency. I'm opposed to this as a church member and what this is bringing to our community. The business, Commonwealth Catholic Charities will be bringing 80 illegal un-vetted refugees to Little Neck over a year's time. They will have an age of children that formally was up to 21. I don't see any children as 21, but now it's been 19. The business is also secular, so I'm not anticipating seeing any of these residents coming to our church. They're coming from a broken system that the government has set up for refugees at the border. Health and Human Services has lost control of monitoring these individuals that is in excess of over 150,000 per year. It's boiler plate with the federal government where they want to get these refugees out of their camp, which is gated. These people are sleeping on floors in plastic bags. There's a lot of pressure in the agency that mandates 20% of these occupants be sent to shelters like Seton House, 20% per week, if that is not done, then staff is reprimanded for that. These juveniles are in debt to the smugglers and/or cartel that have bought them across the border. Mr. Alcaraz: Sir, I'll have to end your comments, you get three minutes and you've exceeded that. Mr. Landeskey: Am I already over three minutes? Mr. Alcaraz: Yes sir. Mr. Landeskey: Okay. Mr. Alcaraz: Are there any questions? None. Thank you, sir. Mr. Landeskey: My pleasure. Thank you. Madam Clerk: Our next speaker is Jim Zecchini, followed by Eloise Zecchini. Mr. Landeskey:I have some handouts regarding this. If the council or the group would be interested in this? Mr. Alcaraz: You have to give them to the clerk over there at the corner. Thank you. Sorry, we have to give respect to everybody that's speaking today. You can come forward, sir. Just state your name. Mr. Zecchini: Thank you. Good afternoon. I'm Jim Zecchini and I'm a neighbor of St. Nick's. I've lived right across the street from the church and a group home since 1994, so I've been there a while and I've seen the operations and how changes have impacted the community. The staff report says that no complaints have been received about the group home formally, but there have been issues there over the years, not so much when the girls were there, but when the boys were there, there were issues, lots of issues with noise. On a few occasions, some visitors arrived with massive car stereos that were so loud that literally rattled the windows in our houses, which had to be solved by the police. The bus stop for the young men was directly in front of our house, which also brought a number of issues as you know, high schoolers get on the bus fairly early. So we had a lot of noise early in the morning, we had young men running through the yard, young men on our porch, damage to our mailbox. This was finally solved, talking to the school long enough that they moved the bus stop. In the evaluation recommendation section of the report, it says given that the use is not changing, if this proposed length of stay change is approved and the other recommended changes are implemented, this will be a very different situation than we've ever seen with this group home in our neighborhood. Previously residents were only there for a couple of weeks and they went to school all day, so they really weren't on site for a very long period of time. In this proposal, they will be onsite all the time. And if there are 15 or 20 residents in this small building, and it is a small building and I urge you to walk through it, it's not a big space. And they're there for weeks and months on end, especially the older ones, and they can be up to 17 or 18, they're gonna get bored and they're gonna get restless. That's gonna be a challenge for whoever is running the operation. It is small. I think in the time I've only about eight boys there and that's probably about the right number. There have only ever been girls there or boys separately. This proposal has both sexes, again in a small space; I'm concerned with what that might look like and how safe that might be. In a staff recommendation, it notes that this use is compatible with the surrounding area. The biggest thing in this surrounding area is the elementary school adjacent to this facility just a short distance over a small parking lot. The school's recess area is right next to this home where there could be, you know, up to 20 people in their late teens leaving there for long periods of times. Children also use the school's recess area for afterschool activities and play there. So this proposal could have 15 to 20 kids, some number of them be 16, 17 years old for weeks or months or unlimited amount of time in the small place. I am concerned with the interaction with five to basically 11 years old at this elementary school, day in and day out. The surrounding community, the area right next to this church and this facility is all about the elementary school and those kids, so my concerns with the allowed number of residents, the length of stay, which facilitates the number of residents and the age of the residents. Thank you all very much. Mr. Alcaraz: Thank you. Are there any questions? Yes, Mr. Plumlee. Mr. Plumlee: Mr. Zecchini, so you described the actions prior to, and you said that there were issues with regards to people coming into your yard, but the bus stop was moved in response to your complaints, is that fair? Mr. Alcaraz: Yes sir. Mr. Plumlee: And typically has the church been responsive to the issues that have been brought up by the neighborhood over the years when those issues arose? Mr. Zucchini: Well, sometimes the church has, sometimes the church hasn't. I said with the car issue, it was amazing the volume that these car stereos could put out. mean, I know one of the other neighbors ended up calling the police, I don't know who ended up resolving it, whether it was the police or the church, but you know, that happened a few times and it was amazingly loud. It's just a shame that you really have to call anybody, and these kids were there for a short amount of time. I'm really concerned if you have teens or you've raised teens or you've done things with groups of teens, they're gonna be in the space potentially that's small for a long amount of time. And if you don't keep them very engaged, things can happen and that's a real concern. Mr. Plumlee: Have you had a chance to express all of your concerns with the time that you're given? Mr. Zecchini: Yes sir. I have. It's tough to pack it all in, but it. I would like to say, I guess one final thing, I appreciate Michaela McKinney answering all my questions, I called and had a large number of questions and I appreciate Jay Brown. We had a very good lengthy phone call, and I appreciate your time sir, and answering my questions as well. Mr. Plumlee: All right, thank you. Appreciate it. Madam Clerk: Eloise Zecchini, followed by Steve Nimitz. Ms. Zecchini: Good afternoon. Thank you for letting us speak and get our concerns out. understand that most of the questions. Mr. Alcaraz: Can you just say your name for the recording? Ms. Zecchini: Oh, sorry about that. I am Eloise Zecchini. Mr. Alcaraz: Thank you. Ms. Zecchini: I live across the street from the Catholic Church, most of the questions you're hearing today are about things that are not under your cognizant, you know, we're here to decide whether we're going from two weeks to 90 days or to an unlimited amount of stay here. And I understand that but understand that this is the only forum we've been given, you know, it's already in a conditional use for a group home. As I understand it, there are really no limitations on what can go over there. So, we're very thankful that, you know, a reputable corporation or a company, a group of people are putting this on, but, you know, this is our only chance to get our concerns out, so thank you. Again, the highest concern is the location adjacent to the elementary school. I'd like to respectfully request deferral of item 10 based on the fact that the written and posted notifications stated an increase from two weeks to 90 days, and staff has recommended an unlimited stay based on the Zoning Ordinance, and I understand all that. It's just that is a big change in what we were, you know, seeing, what we've seen on the sign and what we've gotten at our homes as the notification. So, I believe there would be a more interest that just kind of change things. So, I believe there would be more interest in this agenda item, if it were deferred to another date and that's all I have. Thank you. Mr. Alcaraz: All right. Thank you. Any questions? All right, thank you. Madam Clerk: Our final speaker is Steve Nimitz. Mr. Nimitz: My name is Steve Nimitz. I'm the President of the King's Grant Community League. So, I guess that means I get a little extra time if I do run long. Mr. Alcaraz: You do get 10 minutes. Mr. Nimitz: So good afternoon, ladies and gentlemen, I've been the president of the King's Grant Community League for about eight years. During that time, we have successfully navigated any issues that arise with the two group homes that exist in our neighborhood, both were operated by the Seton organization. The Community League has approximately 1600 homes within our purview. About 350 of those are current dues paying members that receive our notifications. I'm here to provide comments on not just the application, but the process. And think some of my comments will echo what you heard from two others that spoke ahead of me. The building at the Catholic Church that has proposed to house this group home served as such for many years. In fact, the Seton operates two shelters within my community and operated them until the church unilaterally canceled or terminated the lease of the boys' shelter on this property back in 2021. The second shelter was opened after lengthy dialogue between its host church, the Seton House, and the King's Grant Community League. Today, the Community League continues to have representation on our board by Seton, which was a condition that this commission placed when that second shelter was proposed. No such dialogue has occurred for this application. I wrote to the city planner on March 31st citing a lack of understanding, meaning no details about this application, and suggested this item be deferred for a month or until after the staff reports were available and we had an opportunity to engage our community. To date, I've not gotten any reply. Unlike the earlier Conditional Use Permit for the Seton shelter, no one in the King's Grant Community League has been contacted by either the church or by anybody in the Planning department. The staff reports were posted on the 6th of April. They do not represent a clear picture of what this change is about. Of most concern is the staff proposal to change the duration of occupancy from its current and beyond the church's proposal for 90-day limit to an unlimited stay, which would in effect make this an apartment house within King's Grant. The education impact is another concern raised by members of my community. The church's application states that there would be no public schooling of the residents of this home. There is a school next door, as you heard earlier, which is a concern, but we do not as a community understand how 5 to 17 year olds can exist in this building for months on end without some type of schooling and where would that occur? So, the conditions well, I think the conditions that were within the church's application and cite some of my concerns here, ought to be part of the conditions for approval and be adequately documented the age of the students or the age of the residents there. And I've heard things from an upper limit of 17 to an upper limit of 21. So, I'm not sure what the actual age is for the person staying there and how that will be managed. The duration of stay I think we could accept 90 days. The community does not accept an unlimited duration of stay, and there should be some mention, at least as a condition of what the education plan is if none, for the residents of that home. For instance, no use of the public school, no use of school transportation, those type things, which was those types of considerations were in the last conditional use permit that was provided in 2005 for the second Seton shelter, which is currently occupied by girls at the intersection of Edinburgh and Kings Grant Road. So, this community that represent is residential. It's almost entirely single family homes. There are a few non-single families near this property that are duplexes, but a group home without conditions is not compatible with the residential nature of this neighborhood. Thank you. Mr. Alcaraz: Are there any questions? None. Okay. Thank you, sir. Come back, Mr. Plumlee. Mr. Plumlee: I was deep in thought. Sorry. Tell me your name again, I'm sorry. Mr. Nimitz: Steve Nimitz. Mr. Plumlee: So, you mentioned that a 90-day limitation would be agreeable to the community is your understanding. Mr. Nimitz: And we have not had the opportunity to fully canvas our community because the staff reports were not posted until the fifth, I think it was the fifth of this month and the application, excuse me, the application that was available online with the agenda that was posted merely cited the 90-day limit. It didn't really go into any of the other details that involving education and those types of things. Mr. Plumlee: Okay. And the other issues you brought out were education and the age of the resident. And you've not received information regarding that or were told there would not be any educational requirements or understanding? Mr. Nimitz: That's correct. So, my concern is that if we approve a group home without conditions of duration and such, that this group home could then change purposes several years from now and become something else with no further action required here by this body. Mr. Alcaraz: When you say without conditions, what? Mr. Nimitz: Well, I don't know what the conditions that were imposed when this home was originally created in 1984. Mr. Alcaraz: Okay. Mr. Nimitz: I have no record of that. I do have records of all the proffers that were in place when the second group home was established in 2005. Mr. Alcaraz: And have you had any concerns with the community that you're with for the past 40 years over that? Mr. Nimitz: The good news is that we have a representative on our board from Seton and has been the same person for the last 18 years. And that person is the person we go to when we have issues with parking, kids wandering the street, those types of things. And so we don't engage the churches that host these properties, we engage the organization that operates those homes, which was Seton. Mr. Alcaraz: I'm gonna go back to, so you said parking. So there's a problem with parking when... Mr. Nimitz: At the girl shelter, which is at the intersection of King's Grant Edinburg. Mr. Alcaraz: Okay, but on this side, there is no parking. Mr. Nimitz: Not on this side, there's a huge parking lot on this side. But any issues in general with the group homes were dealt with by our representative on the board who also is on the Seton Board, so that's kind of how that process worked. Mr. Alcaraz: Thank you. Mr. Nimitz: Thank you. Mr. Alcaraz: All right, Mr. Brown, you can come forward and rebut. Mr. Brown: If it's okay, I'd like to introduce Ms. Jackson to talk about the specific operation that we have. Mr. Alcaraz: Please step forward and state your name. Ms. Jackson: Hi, my name is Lolita Jackson and I'm the program manager of the Virginia Beach Shelter. Mr. Alcaraz: Okay. What I'd like you to do is just rebut on what was said. So we don't have to go through the whole thing. Ms. Jackson: Our age group is from 5 to 17. We will not have any... Mr. Alcaraz: Just come closer to the mic. Ms. Jackson: Our age group that we serve is from ages 5 to 17. We will not serve anyone over the age of 17. As far as we have a safety plan in place where the children will never be unsupervised outside of the building, whenever they leave the building, they will be accompanied by a staff member. They will not venture over until we will not use the school area. We will not be affiliated with that area at all. As far as the educational plan, we have a certified ESL teacher on staff and an education assistant as well. Mr. Alcaraz: Okay. Thank you. Let them finish. Then we'll go to questions. Go ahead Mr. Brown. You wanna rebuttal anything? Mr. Brown: Just simply say that, that all education services are operated on site. That's built into the operation. But we're happy to answer any additional questions if there are any. Mr. Alcaraz: I'm gonna turn it over to the Commissioners. Mr. Coston, go ahead. Mr. Coston: How many residents at a time? Mr. Brown: Up to 10. We will not have more than 10 at a time. Mr. Coston: Okay. Please come forward so we can get on the record when, whatever your answer is. We have it recorded. Mr. Brown: I'm sorry, up to 10. We will not have more than 10 residents at a time. Mr. Alcaraz: Anything else, Mr. Coston? Ms. Cuellar? Ms. Cuellar: Yes. My question is when you first submitted your application, could you help us better understand why you selected 90 days? Mr. Jackson: Well, the 90 days is our process where we are clearing a sponsor. We very rarely go up to 90 days. We actually go between two weeks and 30 days. We need the 90 days just in case it takes us longer to clear a certain sponsor. Ms. Cuellar: Okay. And then my question is for our City Attorney in regard to our Zoning Ordinance, in the course of the research for this application, Ms. McKinney shared with us that there is no restriction as to how long a resident can stay in a group home. Could you just clarify that point of law for us? Ms. Wilson: Thank you. In the group home definition, there is no limitation as to time limits. However, if everyone agrees to the time limits, then it would be fine to put it in there, but we cannot impose a time limit. We, being the Planning Commission. Mr. Alcaraz: Thank you. Any other questions, Mr. Plumlee? Mr. Plumlee: I have a question. Okay, so 90 days is agreeable as a condition, ages 5 to 17 is agreeable as the condition and a limitation of residents up to 10 is an agreeable condition? Is that fair because this is like forming a contract? Mr. Brown: Yes. Mr. Plumlee: You know, a Conditional Use Permit, we set the conditions, you know, the city does and you can agree to it or reject it, but I just wanted to make clear that those were all agreeable conditions. Mr. Brown: Our preference is to operate a group home in conformance with the Zoning Ordinance. But if those conditions are necessary to get it through, we're happy to accept them. Mr. Plumlee: Thank you. Mr. Brown: All right. Thank you. Mr. Alcaraz: Mr. Clemons? Mr. Clemons: Yes. Thank you. I'm wondering, is there an admissions process or how are residents selected for the program? Ms. Jackson: We receive a referral from an intake facility down in Texas. And they're not local, they don't come from local organizations. We receive a referral, yes. Mr. Clemons: Is there any other screening that might take place beyond that? Ms. Jackson: Oh yes, we go through an extensive background process, a background check process yes sir. Mr. Clemons: Okay. Mr. Alcaraz: Good. Thank you. All right, Mr. Coston? Mr. Coston: Is there any anticipation of visitors? Ms. Jackson: No, the shelter is self-sufficient. The residents are not allowed to tell their families where we are, so there will be no visitation at the shelter. Mr. Alcaraz: Ms. Cuellar. Ms. Cuellar: My question, given the interest in our community with the change in the program at the Cabrini Center. Have you thought about a communication plan with your landlord St. Nicholas to inform not only the parishioners, but the greater community such as the King's Grant Civic League in regard to the operation or just, you know, some type of communication plan for an update as to how things are going? Mr. Brown: We certainly, you know, apologized to the King's Grant Civic Association, we didn't intend to leave them out. Our team had been in the neighborhoods knocking doors to try to communicate what was happening prior to posting our signs. We've met extensively with the parishioners of St. Nicholas and have largely allowed the parish to kind of drive communication regarding the proposed use given that it's their facility. We're certainly happy to attend any civic association, any community meeting to discuss our use, to discuss our program, to discuss our work and we'd certainly be happy for a seat on the board of the Kings Grant Civic Association as well. Ms. Cuellar: Thank you very much. Mr. Alcaraz: Is there any other. None, all right. Mr. Horsley: Yeah. I have a question. You said that these youngsters come to you by referral from Texas. Is that correct? Ms. Jackson: Yes. Mr. Horsley: So, is the gentleman right about it being illegal immigrants? Is that what they are and how can you do an extensive background check on those if they are illegal people? That's what I want to know. Ms. Jackson: We are doing the background check on the sponsors. The people that they're going to, the youth that come to us are children. They are between the ages of 5 and 17, and so there's no way to do an extensive background check on the child, and our background checks are geared toward the people that are receiving them. Mr. Horsley: So, what is your goal in 30 days say, what is your goal? What do you plan for those youngsters to go after that? Mr. Brown: Thank you for the question, Mr. Vice Chairman. So the ministry that we are conducting here, right is these children have come across the border. They've been apprehended by typically Customs and Border Patrol, and the Department of Homeland Security due to a number of federal policies and judicial settlements are not allowed to house these children. They need to be placed in the least restrictive setting possible for them, and so they are transferred to the Department of Health and Human Services under the custody of the Office of Refugee Resettlement. The Office of Refugee Resettlement then contracts with local state licensed facilities like Commonwealth Catholic Charities to care for these children and reunite them with their sponsors, with their family members who reside here in the United States. Processing, background checks, the determination of whether or not there's a reasonable case for that child to gain status in the United States. All of that happens prior to their arrival with us. Our job is to care for them, to educate them, to provide them with social assistance, with mental health assistance, with nutritional services, and to reunite them with their family. Mr. Horsley: So you plan to reunite them with their family that reside in the United States. Okay, so you have to go through the process of locating them and all that? Mr. Brown: Yes sir. We locate them. We conduct a background screenings and background checks to ensure that this is a safe place. We verify employment; we verify that these children can be supported, that they'll attend school. All of those things will take place while they're in our care. Our work will be certified by the Office of Refugee Resettlement of the Department of Health and Human Services and then we facilitate the connection of the child with their sponsor. Mr. Horsley: And they go back to their families, and you don't look, you don't try to find families locally to take them or whatever? Mr. Brown: Typically, there are not local families. We move these kids to wherever their family members are. Mr. Horsley: Okay, thank you. Mr. Brown: Yes sir. Mr. Alcaraz: Mr. Plumlee has another question. Mr. Plumlee: So there is a sponsor that's been identified prior to them being placed in this home. Is that fair? Mr. Brown: Yes. Mr. Plumlee: Okay. Thank you just wonderful. Mr. Alcaraz: All right, my turn. What I'm hearing this is, and correct me if I'm wrong, so this has been going on for 40 years and you've had a two week period to do all that you just said. So now you're asking for 90 days. Mr. Brown: Our partnership serving this population has extended back 40 years in a multiple different avenues and programs. We operate a very, very similar ministry to this one in the city of Richmond and that's where our experience is, that on average these children are with us for 27 days. We do allow for 90 based on the program rules because occasionally it takes us a little bit longer to ascertain who the sponsor is, how do we verify, where they are and the rest. But we've not yet had an experience where a child would be with us for longer than 90 days. The work of the staff upon arrival is to take care of these children, to verify who the sponsor is and to do the work necessary to reunite these children with that sponsor. So yes, it is rapid, it is very quick, and the team is extremely good at it. Mr. Alcaraz: So 90 days will actually help you do better at that. Mr. Brown: We don't have an issue with the 90-day restriction. The 90-day restriction does not... Mr. Alcaraz: Versus two weeks is a big difference. Mr. Brown: Oh certainly, yes, absolutely. I mean, we are asking for the extension to 90 days because it is essential for us to make sure that we can fully process the sponsors and make sure these kids will be safe on the other end. Mr. Alcaraz: All right. Any other questions? All right. You may be seated right now. We're gonna close it to public comment and I'm gonna open for discussion with the Commissioners. Once we have that discussion and anyone wants to speak, we can go ahead and have somebody make a motion. Mr. Plumlee. Mr. Plumlee: I would just like to say, I know there was some surprise to this item for the community, and they thought that they didn't have sufficient time to delve into this issue; however, I would be supportive of a recommendation for approval to City Council with the conditions that we've talked about 10 residents, 5 to 17 years of age that they have a sponsor before they're coming and that it's for this 90-day period of time, I would be in favor if we can condition it that way the recommendation, and since we're simply making a recommendation, you all have another chance, another body to go before and express any continuing, you know, objection that you have. So I'm not sure you're missing any opportunity to be heard with this recommendation. So I just wanted to make that point. Mr. Alcaraz: All right, Mr. Plumlee. Ms. Cuellar, go ahead. Ms. Cuellar: So first and foremost, I recognize that this is a very complex issue that Commonwealth Catholic Charities is stepping up to address and to support in our community. Having that said, I do would feel more comfortable based on the concerns of not only the letters and the calls that I've received is to moving forward with the condition of 90 days. I think too, what we're also reading here, it said up to 20 children but if it's truly gonna be more than 10, I think if we become a little more restrictive in our conditions, then it would be a compromise at this point before we move to City Council, if more citizens would like to come out and speak on this from Kings Grant. Mr. Alcaraz: All right, is anybody else like to, Mr. Horsley? Mr. Horsley: I'd just like to ask Kay, if you would, is it legal? What I mean, we're land use, mean we determine what the property is used for and can we put these conditions on a land use property? I mean, I don't think anybody's having a problem with it being a group home, but I think it's and that's really what our job is to say, if it's a group, we can have a group home here or not, but can we put these conditions on it legally? Ms. Wilson: Yes, as long as everyone agrees to these conditions, what my suggestion is that we, the last section we make these conditions part of a section that says in compromise with the community, everyone agrees that these conditions shall apply. That way, if anybody looks at it in 20 years, they know that we all agree to these conditions and that's why they're on. It's not that we impose them because we wouldn't have a right to impose them on them, particularly in the 90 days, but the other is we probably could, a Conditional Use Permit, you put conditions on so that it fits better in the neighborhood. So that's exactly what these conditions are doing. Mr. Horsley: Okay. So they've agreed. They have agreed. So we are good to go. Ms. Wilson: So we're good. Mr. Alcaraz: Okay. So let me make sure because one thing that I didn't know in agreement with the applicant was the 10 was that, I hate to ask you, Mr. Brown, even though we're closed, may I ask him to come up? Mr. Brown, may you come up please. A statement was just made from 20 to 10, does that sound right? Ms. Wilson: Yeah, that's what I heard from your program director, you wouldn't have any more than 10 at one time? Mr. Brown: Yes ma'am. Ms. Wilson: So I wanna be sensitive to that, this current recommendation is that? Mr. Brown: Yes, the maximum occupancy that we would anticipate is 10. We're happy to accept that as a compromise. Mr. Alcaraz: Did you have anything else to say before? Mr. Brown: I mean, I think the conditions that we are glad to accept is the 90-day limit, there said the 10 children and the age range from 5 to 17. Mr. Alcaraz: Thank you sir. Mr. Brown: Yes sir. Thank you. Mr. Alcaraz: Is there any other, anybody else? I'm sorry sir, we're closed. Yes, Miss. Ms. Cuellar: So Kay help us also with, did you have something? Mr. Alcaraz: Yes, go ahead. Ms. Estaris: What would happen if a child was to stay more than 90 days? What would be the situation? Ms. Wilson: They would be in violation of their Conditional Use Permit. But I get the feeling that, you know, there may be a child and he's there 92 days because somebody's car got broken down on the way from Pennsylvania. Then I think that's not something that we would bring in them in and ask to have their Conditional Use Permit vacated or gotten rid of, if you end up with, you know, the next 20 children are all there six months, then yeah, then we would have to bring them back in. Mr. Alcaraz: Mr. Plumlee. Mr. Plumlee: Yeah, they would just be subject to revocation at that point. They could have it revoked if they were to, as she said consistently exceed the time that would be the subject. Mr. Alcaraz: All right, Ms. Cuellar. Ms. Cuellar: One thing I was hoping to get a clarification on is that Mr. Nimitz mentioned that for Seton House, for the girls' property at the front of Edinburgh and King's Grant Road, that there's a representative on that board. Was there anything, Ms. McKinney? I'm not seeing Michaela here in regard to Seton House having a position, excuse me, the Civic League having a position on Seton House, the boys home. Ms. Alcock: We did not have a condition to that effect. Ms. Cuellar: No condition. Ms. Alcock: No ma'am. Mr. Alcaraz: All right. Thank you. It looks like we've had our discussion. Everyone's expressed their concerns and asked their questions, and is there anyone like to entertain a motion? Ms. Cuellar? Ms. Cuellar: I move that we approve the Modifications of Conditions with the compromise that we discussed here today. Mr. Alcaraz: Can you please state that? Ms. Cuellar: Okay. Mr. Alcaraz: Just the three... Ms. Cuellar: Oh pardon me, I'm sorry, yes. The three conditions would be that no more than 10 children between the ages of 5 and 17 will be in attendance, excuse me, in residence at the Cabrini Center and for no more than 90 days. Mr. Alcaraz: Thank you. Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: Vote is open. By a vote of seven in favor, zero against with an abstention noted by Commissioner Horsley, is your vote an aye? Mr. Horsley: Yes. Madam Clerk: Okay. Corrected, by vote of eight in favor, zero against agenda item number 10 has been recommended for approval with conditions as amended. Mr. Alcaraz: All right. Thank you. Thank you for attending, and that concludes our formal meeting. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. All conditions attached to the previous Conditional Use Permit granted on February 6, 1964, are hereby deleted, and superseded by the following conditions. 2. The proposed building shall be improved in substantial conformance with the submitted architectural renderings entitled "ST NICHOLAS BUILDING PLANS", prepared by R.P. Morgan. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Department of Planning & Community Development. 3. All existing landscaping on the property shall be retained and maintained. 4. The number of children associated with this conditional use permit shall be limited to 20 children or as determined by the occupancy load set by the Building Official's Office for this Group Home, whichever count is lower 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 6. 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. 7. 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. 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 1984 CONDITIONAL USE PERMIT APPROVAL 1. Installation of automatic sprinkler and fire alarm systems meeting the approval of the Fire Protection Engineer. 2. Limitation of twenty children, each to be housed for a maximum of two weeks. Date: /A 7 l A 3 Virginia Beach City Council 2401 Courthouse Dr, Virginia Beach VA 23456 Dear Council Members, I am writing in regards to Commonwealth Catholic Charities' (CCC)application for operating an emergency shelter for children at 642, N. Lynnhaven Road, Virginia Beach VA 23452. I have been informed that the shelter will house 10-15 children and CCC intends for residents to remain for up to 90 days. I fully support CCC's proposal as it is a valuable service to the most vulnerable of all. Please feel free to contact me if you need more information. Respectfully, Name: Address: 4.691-P1414-12-' ; Contact: Date: 2 I2g1�3 Virginia Beach City Council 2401 Courthouse Dr, Virginia Beach VA 23456 Dear Council Members, I am writing in regards to Commonwealth Catholic Charities' (CCC)application for operating an emergency shelter for children at 642, N. Lynnhaven Road, Virginia Beach VA 23452. I have been informed that the shelter will house 10-15 children and CCC intends for residents to remain for up to 90 days. I fully support CCC's proposal as it is a valuable service to the most vulnerable of all. Please feel free to contact me if you need more information. Respectfully, tif/J/JAJS.SU0L Name: oor, I.,o FQx-ro.\v Address: Contact: S-7 elf- m 00 C,r, VOL 42 3 /5�a Date: ,6"--/ /2 a`Z3 Michaela McKinney,City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach,VA 23452 via email: mmckinney@vb.gov Dear Ms.McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24/7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia,and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, 7/114.47/2„ Name: -7-1-‘,,,,ov -T,' /.9 Address: 2314.t— Contact: 9 1 �-� Livr.� �P� M- i I1I212 _,, 12,D4- Date: / Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St.,Suite 500 Virginia Beach,VA 23452 via email: mmckinney@vb.gov Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452, thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24/7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all,children. Please feel free to contact me if you need more information. Respectfully, i41,(-47°0-4-0111Jd Name: /11r5 - c.Ta h 5 PO I/O -- Address: 9"7! L I had Me 1(-�- �/� Contact: J d'n7c'e y _ 0 c� �o o :;oB;uoD :ssaippy :auz8N ZOLS-ZL9-L5L pBo�uaw a;nut 6S9 uo Z ns `XI ;o 1'0p;Euuoput azoui paau noA 3i atu;oB;uoo o;as g laa3 asuald •IIB jo op:pautnn ;soul aq;o;aotn ias algBnlBn IBsodold s 33D.ioddns ALIT I .sXBp 06 o;do lo3 urBcual o;s;uapisai l03 spualui Dj3 puB uaipltgo St-0 t asnoq'Iron.ra;tags aq;;umpauuo;ut uaaq • aneq I •ZSt£Z dA gongu! z A`pgo.uanBquuAl•N`zt;E ualplttto lo3 AouaRiauia u8 2ui;B.iado l03 uogBoilddc (yjj) 4sat;pBg3 otloq033 q;lBannuounuo3 guipic2ai 2upiinn urn I `siaquzaN puno31EaU • 95b£Z VA gorag BcU! I!A `IQ asnoq;m03 IOIZ ItounoD Ai3 goEag BtutanA £ZOZ`8Z.renrga3 Peter C. Poirier 908 Kings Cross Virginia Beach, Virginia 23452 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, Virginia 23456 Dear Council Members: I understand that Commonwealth Catholic Charities is applying for a license for an emergency shelter to accommodate up to 15 children under the age of 18 for up to 90 days at a time. The facility will operate as The Cabrini Shelter at St. Nicholas and will be located at 642 North Lynnhaven Road in ZIP Code 23452. As 24-year resident of 23452 I strongly support the application made in behalf of the proposed shelter. It will fulfill a real and well-defined need. In addition, it will signal the community's commitment to children and create a positive force for the future. I trust that Council shares the values of a local residential neighborhood that believes that the highest and best use of our resources is to protect and support children especially those who may be confronted with difficult challenges to their well being. Thank you for your thoughtful consideration and your support. Yours truly, Date: /g-�iC-t L Michaela McKinney,City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 via email: mmckinney@vb.gov Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, Virginia Beach VA 23452, thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24'7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, P4v/= Ydu 46/L `10vC Ct/4L,7c ig7)aJ. Name: GO"r s SG,tA�f( Address: 31 I r3 et o v tt)Z M v N5 Z Contact: adt.i 46cc @ en/►vI L, lAyi" Date: Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach,VA 23452 via email: MMckinneyPvbgov.com Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities'(CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452, thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time, that the shelter will operate 24/7, and it is my understanding that CCC is simply requesting that it be allowed to operate its facility according to the existing Zoning Ordinance. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, jA1(5-1/1/11 ---D. Name: Emily Phillips Address: 3400 Archer Court,Va Beach,VA 23452 Contact: emamalisPyahoo.com. 913.526.9223 From: Chris Carrasco To: Michaela D.Mckinney Subject: Letter in Support of CCC Application Date: Wednesday,April 5,2023 1:12:37 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. April 5, 2023 Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 Email: mmckinney@vbgov.com Dear Ms. McKinney, As the pastor of King's Grant Presbyterian Church, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, allowing for persons to occupy facilities for up to 90 days to facilitate their proposal to run an emergency shelter for 10-15 unaccompanied children. I believe it would be a wonderful way to care for"the least of these"and fully in line with not only Christian beliefs, but also our responsibility as members of the human race. These children are the most vulnerable in our society and what an opportunity to care for them. Some members at King's Grant are already brainstorming ways we can help, such as providing clothing or meals. I do hope you will support and approve this request so the CCC, a leading provider of human services for children in Virginia, can further protect the most vulnerable people in our society, children. Please feel free to contact me if you need more information. Blessings, Rev. Dr. Chris Carrasco Pastor, King's Grant Presbyterian Church 745 Little Neck Road Virginia Beach, VA 23452 c.carrasco@kgpc.org From: Chris Andersen To: Michaela D.Mckinney Subject: Support for Commonwealth Catholic Charities Application for sheltering children Date: Wednesday,April 5,2023 3:56:22 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time,that the shelter will operate 24/7, and it is my understanding that CCC is simply requesting that it be allowed to operate its facility according to the existing Zoning Ordinance. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Chris Andersen Name: Chris Andersen Address: 3117 Audley Way, Virginia Beach, VA 23452 Contact: 757-769-1528 Date: Apr' Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 • Virginia Beach,VA 23452 via email: mmckinney@vb.gov Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24/7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Name: LA'. f`s i44`Al Address: zu-t- c.kt.ke.,< VA roc 11'el- z" .kC`t Contact: 75--7 6 ge 6'30 From: Benjamin Chidester To: Michaela D.Mckinney Subject: CCC application Date: Thursday,April 6,2023 3:25:13 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, Virginia Beach VA 23452, thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time, that the shelter will operate 24/7, and it is my understanding that CCC is simply requesting that it be allowed to operate its facility according to the existing Zoning Ordinance. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Ben Chidester Name:Benjamin Chidester Address:717 Nottingham Drive Virginia Beach VA 23452 Contact:757-572-2472 Date: 4.5.23 Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 via email: MMckinney@vbgov.com Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452, thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time, that the shelter will operate 24/7, and it is my understanding that CCC is simply requesting that it be allowed to operate its facility according to the existing Zoning Ordinance. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Name: Amanda Pine Address: 745 Little Neck Road, Virginia Beach VA 23452 Contact: spine u)kgpc.org; 703-625-7649 Date: 02/28/23 Virginia Beach City Council 2401 Courthouse Dr, Virginia Beach VA 23456 Dear Council Members, I am writing in regards to Commonwealth Catholic Charities' (CCC) application for operating an emergency shelter for children at 642, N. Lynnhaven Road, Virginia Beach VA 23452. I have been informed that the shelter will house 10-15 children and CCC intends for residents to remain for up to 90 days. I fully support CCC's proposal as it is a valuable service to the most vulnerable of all. Please feel free to contact me if you need more information. Respectfully, rr1,1 /tA,ic10 Name: Tommy Di Nardo Address: 746 Suffolk Lane, Virginia Beach, VA 23452 Contact: tedinardoga,gmail.com, 757-408-6020 From: )im Zecchini To: Michaela D.Mckinney Subject: Commonwealth Catholic Charities proposal Date: Friday,March 31,2023 9:36:13 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Michaela, Thank you for your help yesterday. As a family who lives across the street from St.Nicholas Catholic Church, we see reasons why the proposed modification of conditions, and future use will not be complementary for our community, especially for Kings Grant Elementary which is directly adjacent to the proposed property. Previously, displaced children were there for a couple of weeks and went to school during the day. This short time spent at the group home had little impact on the community. If this proposal is approved,the residents will be on site 24/7 for 90 days. Even if there is supervision, how will residents who are older, 16 or 17, be monitored around the clock for 90 days?This is especially a concern with the adjacent elementary school and its recess area being about 50 yards from the group home. That recess area is also used by a number of children's activities after school. Almost nothing will be known about the young adults who will be there for 90 days. The parish staff told me the residents will be people who came across the border unaccompanied by a relative.Nothing will be known about their background, history or ability to stay for 90 days successfully and safely. If approved and the flow of immigrants begins, how will the city control this situation? If the facility is full and new people are scheduled to arrive will the population grow if no place is available to send people? How will the city ensure that residents are under 18?On the chance they have a birth certificate how will its validity be verified?How will the city ensure older residents do not have a violent past? Finally, to date the facility has only had females or in later years, males only. Is the facility being properly modified to safely house females with males? Thank you for your consideration. Please call if you have any questions. Sincerely, Jim & Ellie Zecchini 757-373-1360 From: Steve Nimitz To: Michaels D.Mckinnev Cc: board of Directors Subject: Modification of Conditions Application for Commonwealth Catholic Charities Date: Friday,March 31,2023 2:02:41 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. McKinney, The application for Modification of Conditions for Commonwealth Catholic Charities is on the Planning Commission agenda for April 12th. The location of the group home at St Nicholas Catholic Church that is the subject of this application is within the King's Grant community. To date, no one representing the applicant has contacted the officers or directors of the King's Grant Community League (KGCL)to provide information about the requested changes to Conditional Use and to address concerns that members of our community are beginning to voice. I expected that there would be outreach from the church as it pertains to the non-conforming use of the church's property. There has been none. Lack of information, including a completed staff brief for the Planning Commission,f prevents the KGCL from having a meaningful dialogue with neighborhood homeowners. In view of the short remaining time before the Planning Commission's scheduled vote on this application, I believe the item should be deferred from the April agenda to fully understand the applicant's proposal, give the King's Grant Community League time to consult with its members, hear their concerns, and provide the Planning Commission with our approval / disapproval. Sincerely, Steve Nlmitz President, King's Grant Community League 757-348-7920 February 20, 2023 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach,VA 23456 City Council and Citizens of Virginia Beach : My name is Donald M Leneski and I am an active parishioner of St Nicholas for over 50 years. I am a business owner and have been a resident of Virginia Beach for over 50 years I am opposed to the CCC Cabrini Shelter at St Nicholas by Commonwealth Catholic Charities(CCC) as proposed before the City Council today. I was on the St Nicholas Parish Council when the Chair of the CCC presented their original proposal. I had questions then and to date have not received any satisfactory explanation including what is before the City Council today. Please discover: Who is personally responsible and in charge of this program? Who's name is on the real estate lease for Cabrini Shelter with St Nicholas? Cabrini Shelter is secular.This is a business venture.The Federal government will pay$15000/mo for each Refugee Unaccompanied Minor(RUM).As proposed,this would income of$675000 for ninety days. Please confirm. The declaration by the proponents of this proposal that the RUM are vetted, have birth certificates and have family waiting for their release is extremely questionable and problematic. Bringing these Refugee Unaccompanied Minors to the Little Neck community or anywhere else, as proposed, is not in the best interests of the City and the Little Neck area. Therefore, I pray the City Council do their diligence and investigate and answer all questions before this program, as proposed,goes forward. Personally I believe the welfare of all concerned is at peril should this matter be advanced. f _ eg ds Dort Id M L eski 1201 Sycamore Road Virginia Beach,VA 23452 'Cc: Pastor St Nicholas Catholic Church Catholic Diocese of Richmond 04l SZl OOl BL OS 9Z5'Zl0 6uippng laad=mum Immo 6uiuoZ suo6Apd A1.18dad Aenny6iH /(aeNW S 8Z1 on V A `' ��, ^" £ 1,OZ/6Z/8 'pip 4snal 4uior aige3onab yagng eiinf Ig aannuiw eta ap"s Z8 Z-97Z-9 �1 61 � 3 %if C ' Vie'+V CITY OF VIRGINIA BEACH \.. AGENDA ITEM J ITEM: THE MINWER & JULIA SUBEH REVOCABLE JOINT TRUST DTD 8/29/2013 [Applicant & Property Owner] Change of Zoning (B-2 Community Business to I-1 Light Industrial) Conditional Use Permit (Bulk Storage Yard) for the property located at 728 South Military Highway (GPIN 1456279020). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: May 16, 2023 • Background: The applicant is requesting to rezone the at 728 South Military Highway from B-2 Community Business to I-1 Light Industrial, as well as a Conditional Use Permit for a Bulk Storage Yard. The applicant and an adjacent operator, HERC Rentals, plan to enter into an agreement to expand HERC Rentals's Bulk Storage Yard onto this property as part of a business expansion. The use requires a Conditional Use Permit, and the applicant wishes to rezone the property to be consistent with surrounding properties. The existing commercial building, which has most recently been used as a night club and a pawn shop, will be demolished and the parcel paved. A minimum six- foot tall opaque fence with Category VI plantings will be installed to screen the part of the Bulk Storage Yard at 728 South Military Highway; the fence will tie into the existing fence at 716 South Military Highway. Street trees will also be planted along the sidewalk in front of 728 South Military Highway. ■ Considerations: This area is located in the Military Highway Corridor Suburban Focus Area, as defined by the Comprehensive Plan. Goals for this area include a long-term vision of the corridor as a community commercial and residential area. These goals have long been a part of the Comprehensive Plan, including in 1992 when the applicant first rezoned this property from I-1 Light Industrial to B-2 Community Business. While properties west and further south of this parcel have slowly started to shift towards residential and community commercial uses, this property, properties immediately adjacent to the subject property, and others to the north along Military Highway have retained their industrial character and are likely to continue to thrive here has they have in the past. These requests are in character with the existing context, and, given the size of the parcel, the surrounding uses, and the relative ease that a Bulk Storage Yard can be redeveloped, it is likely that these requests will not impede future redevelopment of the site. This proposal will also have no negative effects on any existing residential or commercial properties. The Minwer & Julia Subeh Revocable Joint Trust dtd 8/29/2013 Page 2 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On April 12, 2023, 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 bulk storage yard shall be enclosed with Category VI screening, as required by the City's Landscaping Guide and as shown in the conceptual landscape plan titled "HERO RENTALS — 728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023. 2. As noted on the concept landscape plan titled"HERO RENTALS—728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023, fencing used at 728 S Military Highway shall be at least six feet in height and shall be opaque. No chain link fencing with or without slats shall be used to screen the bulk storage yard on 728 S Military Highway. 3. The site shall be landscaped in accordance with the City's Landscaping Guide and as shown in the conceptual landscape plan title "'HERO RENTAL — 728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023, including the required street frontage landscaping. 4. This Conditional Use Permit will be valid so long as the bulk storage yard is being operated in tandem with the operator on the adjacent property known as 716 S Military Highway. In the event the tandem operation should cease, a new Conditional Use Permit shall be required. 5. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 6. Signage on the site must be in accordance with sign regulations outlined in the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department eRit City Manager: Applicant & Property Owner The Minwer & Julia Subeh Agenda Items Revocable Joint Trust dtd 8/29/2013 7 & 8 Planning Commission Public Hearing April 12, 2023 city of City Council District District 1,formerly Kempsville Virginia Beach Requests #7-Rezoning (B-2 Community Business to I-1 Light Industrial District) #8-Conditional Use Permit (Bulk Storage Yard) :_..y + Olen Ard.n Roadi--` Staff Recommendation E Approval `� : ic $ r Q , g Staff Planner KY M+,�s,c'6 f Elizabeth Nowak \) s F ) 11 '°_ �_ ,. Location Trestman Avenue TA - MN 728 S Military Highway 84,,, ,�e _° E _ „ ; nue a Tole o GPIN 1456279020 !� 2 S ; a Site Size ;M'nco/ab, — ��,- s/'r�+a'byl�.i_ i ar-P4 e ; & t ci 40,421 square feet {4 o AICUZ y Less than 65 dB DNL / Watershed Chesapeake Bay Existing Land Use and Zoning District Former night club, pawn shop/B-2 Community 2 ` Businessatt, V SurroundingLand Uses and ZoningDistricts t *. � , `� = North Equipment rental, bulk storage yard/ I-1 Light a. Industrial ` South Automobile repair garage/I-1 Light Industrial :, East � s ioq Bulk storage yard/ I-1 Light Industrial '_ . r West -_ ` S Military Highway Multi-family dwelling, auto service/A-18 Apartment, B-2 Community Business, B-4 Mixed-Use The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone the property at 728 S Military Highway from B-2 Community Business to I-1 Light Industrial, as well as a Conditional Use Permit for a Bulk Storage Yard. The property is presently developed with a parking lot and a commercial building that has been used as a night club, pawn shop, and restaurant in the past. • The applicant desires to rezone this property and receive a Conditional Use Permit for a Bulk Storage Yard as they are working with Herc Rentals,the adjoining lot (716 S Military Highway),to expand Herc Rentals's business onto this parcel. Herc Rentals has been operating a heavy equipment sales and rental business on the adjacent property for several years. Herc Rentals presently has a Conditional Use Permit for a Bulk Storage Yard as part of their operations at 716 S Military Highway. • The subject property has been owned by the same owner for decades. In 1992,the property owner applied to rezone 728 S Military Highway from I-1 Light Industrial to B-2 Community Business. The rezoning was approved by City Council on March 24, 1992. Since that time, several different commercial businesses have been located on the site. • Redevelopment of this property to accommodate the expansion of the adjacent Bulk Storage Yard and heavy equipment sales and rental business will include demolition of the existing building.The lot will be repaved and 12 parking spaces will remain on site. • The applicant is proposing to enclose the Bulk Storage Yard with a minimum six-foot tall, opaque fence, and Category IV plantings as required per Section 228 of the Zoning Ordinance. Natchez Crape Myrtles and holly shrubs will be planted along the property line to provide additional screening of the site from S Military Highway. The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 & 8 Page 2 Zoning History # Request 1 CUP(Assembly Use)Approved 02/7/2023 CUP(Assembly Use)Approved 03/17/2021 2 MDC(Religious Use)01/16/2019 CUP(Religious Use)01/05/2016 w, 0 0,44 r 3 CUP(Automobile Service Station)Approved 08/04/2015 CUP(Automobile Service Station)Approved 05/13/1998 _r CRZ(I-1 to B-2)Approved 05/13/1998 4 MDP(Approved 05/13/2014 / C:= I CRZ(B-1& H-1 to Conditional B-4)Approved �n 4yV 12/04/2012 Q kr�� 5 0� 5 MDC(Bulk Storage Yard) 12/7/2010 cccCUP(Automotive Repair Garage)Approved 11/14/2006 ) 0 • CUP(Bulk Storage Yard)Approved 11/14/2006 CUP(Bulk Storage Yard)Approved 12/12/2002 R10 CUP(Temporary Recycling Operation)Approved 01/09/1994 Bt 4t, - CUP(Bulk Storage Yard)Approved 06/08/1994 2,2 /7 6 CUP(Bulk Storage Yard) 10/23/2007 O V 7 CUP(Motor Vehicle Sales)08/09/2000 n/ AD CUP(Mobile Home Sales)02/08/1994 8 CUP(Truck Rentals)03/10/1999 9 CUP(Bulk Storage Yard)05/10/1995 10 CUP(Bulk Storage Yard)Approved 06/22/1987 REZ(AG-2 to I-1)Approved 06/22/1987 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 This property is located in the Military Highway Corridor Suburban Focus Area (SFA), an area envisioned in the Comprehensive Plan as a commercial and residential corridor with a mix of office and service uses and different housing types. While the requests to rezone this property to I-1 Light Industrial and for a Conditional Use Permit for a Bulk Storage Yard differ from the primary goal of the Military Highway Corridor SFA, it is Staff's opinion that these requests are still acceptable and appropriate for the area give the site's history,the current trends in the area,the site's relationship to other properties in the Military Highway SFA, and the lot size. The uses of 728 S Military Highway have been relatively consistent over the past 30 years. A night club/bar operated here for many years, as well as a pawn shop. A Conditional Use Permit was granted in 2000 for a period of one year for a Bulk Storage Yard to store semi-tractor trailer vehicles with the intention to sell the vehicles from the adjoining truck sales establishment, a request very similar to the applicant's current proposal.The description of surrounding uses in the 2000 staff report were very similar to those in 1992 and today and noted that the request was compatible with the overall high intensity commercial uses within the corridor. When this property was rezoned to B-2 Community Business in 1992, it was also noted that most of the surrounding properties were zoned I-1 Light Industrial.The Comprehensive Plan at that time recommended this area for"retail/service uses[s]." While properties west across S Military Highway and further south along the corridor have slowly transitioned to office and other retail uses,the parcels immediately adjacent to the subject property and those northward along the east side of S Military Highway have remained I-1 Light The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 3 Industrial. Many of these light industrial businesses have been successfully operating here for decades and there is no apparent shift in this trend impending. Staff finds the consistency of the character of 728 S Military Highway and its adjacent properties notable in evaluating this request.The subject property is surrounded on three sides by properties zoned I-1 Light Industrial, several of which are presently operating as bulk storage yards. As it is likely that these uses will remain into the near future, it is similarly unlikely that this parcel will attract the kind of redevelopment interest recommended in the Comprehensive Plan.The proposed site layout will remove an aging,vacant building and replace it with new asphalt. Additional beautification of the site will be achieved through new landscaping. Natchez Crape Myrtles and holly bushes will be planted along the property line parallel with S Military Highway. Such screening has been lacking for many years.The Bulk Storage Yard will also be screened as required in Section 228 with an opaque privacy fence and additional Category IV plants. Bulk Storage Yards are relatively passive uses and would allow for the site to be easily redeveloped in the future. In summary,Staff recommends approval of these requests given the overall consistency of the use and character with this portion of the Military Highway Corridor SFA,the overall size of the property, and the improvements that will be gained with this development. Staff's recommendation for approval includes the recommended conditions and attachments as listed below. Recommended Conditions for Conditional Use Permit 1. The bulk storage yard shall be enclosed with Category VI screening, as required by the City's Landscaping Guide and as shown in the conceptual landscape plan titled"HERC RENTALS—728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023. 2. As noted on the concept landscape plan titled "HERC RENTALS—728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023, fencing used at 728 S Military Highway shall be at least six feet in height and shall be opaque. No chain link fencing with or without slats shall be used to screen the bulk storage yard on 728 S Military Highway. 3. The site shall be landscaped in accordance with the City's Landscaping Guide and as shown in the conceptual landscape plan title"'HERC RENTAL-728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023, including the required street frontage landscaping. 4. This Conditional Use Permit will be valid so long as the bulk storage yard is being operated in tandem with the operator on the adjacent property known as 716 S Military Highway. In the event the tandem operation should cease, a new Conditional Use Permit shall be required. 5. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles.There shall be no signs which are pasted or attached to utility poles,trees, or fences, or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs, or electronic display signs on the site. 6. Signage on the site must be in accordance with sign regulations outlined in 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. The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the city as the Military Highway Corridor Suburban Focus Area (SFA). Recommendations for any changes of land use in this corridor located near or adjacent to existing stable neighborhoods must be compatible uses and employ appropriate buffering features. The overall goal of the Military Highway Corridor SFA is to transition uses in this area way from industrial activities to more compatible uses such as medium density residential, office, hotel, or institutional uses. It is also recommended that access points be reduced when possible, with greater reliance on access management, inter-parcel access, and shared parking. Beautification of the corridor through landscaping is also strongly encouraged. Natural & Cultural Resources Impacts The property is located in the Chesapeake Bay watershed. No historical or cultural resources would be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Military Highway 44,900 ADT1 74,000 ADT 1(LOS 4"D") Existing Land Use 2 3 227 ADT Proposed Land Use —38 ADT 1 Average Daily Trips z as defined by a.51 acre of B-2- 3 as defined by a.51 acre of I-1- 4 LOS=Level of Service zoned property zoned property Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Military Highway is considered an eight-lane major urban arterial. The MTP proposes a divided facility within a 150-foot right-of-way. No CIPs are slated for this area. Public Utility Impacts Water The site currently connects to City water. Sewer The site currently connects to City sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 & 8 Page 5 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 28,2022. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 6 Concept Landscape Plan — 728 S Military Highway Firki ONLIIArld ...... z 9 '.1 . a .,, .., , AYMHOIH AHY.IfIVI Hinos OZL-GlYINEld alEIH 1 II , E. ' 7 idC.'e.- Cif t5k ,E H. q12 = < L,L' zpitiE I, _ig g i'' Wg Eq't, 0 : 1 1 c„ LiiER t>2-1 a vl 1 - I ; i 4 i:,., • c.,;r.:1 coack.... ---- I .5: ; WI it il ?.. I 4 ti. P II I .!! il I e - t -11 i f / 11 t 1 i . 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The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 12 Adjacent Property Photos a -0101. r. 6.0 Y`_<` • ._ 1. -Jam'. ?•i4te?: s x* ,, - 17". .r i •cyv ..rC sit ii 1 , ? swim!' z.y .,� Y3 ,sue * �;.. t '. - L'''' -'4r . 0604, a `.-- i .. - - ,-,v-,---- Al° 0. - ,,-44„, : - Alliill'' 1":// ___....—___ I. or rim`=� _ "..... 4, - is - _ a 1; = � /y ems. : _ __., The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 13 Disclosure Statement Disclosure Statement NtI3 Dry cif tivindro Sad Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the city of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name The Minwer&Julia Subeh Revocable Living Trust,Minwer H.Subeh Trustee dtd 8/29/2013 Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Morris H.Fine,Attorney 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) Minwer H.Subeh and Julia Subeh,Trustees • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity3 relationship with the applicant. (Attach a list if necessary) n/a 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose 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 The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 14 Disclosure Statement Disclosure Statement City of51 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 tl 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 connect'on with the subject of the application or any bus'ness operating or to be operated on the property? ❑Yes • No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes J No • If yes,identify the firm and individual provid`ng the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?i Yes 0 No • If yes,identify the firm and individual providing the service WPL-landscaping-Wily Almond,Aubrey Pontious 5. Is there any other pending or proposed purchaser of the subject property?I Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Pending Ground Lease Tenant Revised 11.09.2020 2 The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 15 Disclosure Statement Disclosure Statement M3 Planning&Community t 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ei No • if yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?IN Yes ❑No • If yes,identify the firm and individual providing the service. MSA,P.C.;Jeff Vierrether 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?IF Yes ❑ No • If yes,identify the firm and individual providing the service. Morris H.Fine,Attorney 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 pubic body or committee in connection with this application. -- Vim.,-----)Ail) ,---1-5?"--- __ ApplicantSignatuhe-- �,n�, fiT/7 YYe r- /J• Sc-E �/ Print Name and Title Minwer H.Subeh,Tr stee Date c2 f,?7 3 Is the applicant also the owner of the subject property? I®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 x No changes as of Date :::: 'j� [_i( / /❑ 04/26l2023 c G/_ a cti ih JaA Elizabeth Nowak i Revised 11.09.2020 3 The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. The Minwer&Julia Subeh Revocable Joint Trust dtd 8/29/2013 Agenda Items 7 &8 Page 17 Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Items # 7-8 The Minwer& Julia Subeh Revocable Joint Trust dtd. 8/29/2013 (Applicant & Property Owner) Rezoning (B-2 Community Business District to I-1 Light Industrial District) Conditional Use Permit (Bulk Storage Yard) Address: 728 S. Military Highway RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Next item on that consent agenda is item number seven and eight. Mr. Fine, glad to have you with us today. Mr. Fine: I'm Morris Fine, an attorney and I represent Mr. and Mrs. Subeh and I appreciate being on the consent docket and agreed to the conditions that are set forth in the record. Mr. Horsley: Thank you, sir. Is there any opposition to this item? Mr. Alcaraz: He accepted the conditions that were offered with the report with the city. Sorry, he didn't hear that. Mr. Horsley: Hearing no opposition, we will ask Holly Cuellar if she would read this into the record. Ms. Cuellar: Thank you. The applicant is requesting to rezone the property at 728 South Military Highway from B-2 Community Business to I-1 Light Industrial, as well as a Conditional Use Permit for a Bulk Storage Yard. Having that there's no opposition, the Staff is recommended for approval and the Commission is recommending it for the consent agenda. Mr. Horsley: Thank you, Commissioner Cuellar. Now, I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and eight, Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The bulk storage yard shall be enclosed with Category VI screening, as required by the City's Landscaping Guide and as shown in the conceptual landscape plan titled "HERO RENTALS — 728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023. 2. As noted on the concept landscape plan titled "HERC RENTALS — 728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023, fencing used at 728 S Military Highway shall be at least six feet in height and shall be opaque. No chain link fencing with or without slats shall be used to screen the bulk storage yard on 728 S Military Highway. 3. The site shall be landscaped in accordance with the City's Landscaping Guide and as shown in the conceptual landscape plan title "'HERO RENTAL —728 SOUTH MILITARY HIGHWAY" prepared by WPL and dated February 28, 2023, including the required street frontage landscaping. 4. This Conditional Use Permit will be valid so long as the bulk storage yard is being operated in tandem with the operator on the adjacent property known as 716 S Military Highway. In the event the tandem operation should cease, a new Conditional Use Permit shall be required. 5. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 6. Signage on the site must be in accordance with sign regulations outlined in 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. ' \ w 46 o -4h , LL (-4 o9 ° O O % 3 0 '4 O 0 M M S so�� N t 2 o — 015 Z 0 0 IL\ Q cts M o ce \C0--- N co N N = p 0o CD ce . ce 0 E° < ,- w a) N O � Q�\ o +� _ Q Q N ,� ., CD — CA 1X„,I --__< %— co .r. c,3 (...) 0i oe 5 ', 5 ina = ram' .�^0, O Q♦� -- CL a) 03 - a � . `. t � %— ♦♦ Q = M � Ltd oct Aid,, , '\'• ce :-...z.:,ct .i : jr .. N- I\ly= CD C•1 :16 13 W W 0 N\M t:Ar.Lii • C.) - c co o Q<ID � a (N. ' QQ � ~ Jce M Pri N ` ♦ cN \ ♦♦ Z r NLt5 t c O N N�` O ; 0 0 O ti 0 'i o IV ,‘ N. Cgs -`N M Z = L%,,,,„,°4-,T=.,Q o � � 0 ' _m ' • o N N M co c OC a 0 6� , 17 *� M N O Ns � o� o� m � CO CO _ N 41. �� El N . ), N .. NCO; O [} '( ' O ‹t -%-- , p N NP \ o N t0 Tr N 0 c-C 0 Cr.1 ta . / > 1 0 0 0 7 N N3 /?N�N CO m �(Die,/ / 0. .0 N /18 Q >,Q8� o Q >, m N W Nti a? o o .57 rl/^� (n a N 00• O o ��/ 00 Q Q 10- N ��// * 5 N-Nill N /f,CNUO N�� O O ► , \,�_� O •ct / i ?' !oS •••cyy��1 CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: PRINCESS ANNE VILLAGE, LLC [Applicant] PRINCESS ANNE VILLAGE, LLC & CITY OF VIRGINIA BEACH [Property Owners] Conditional Change of Zoning (AG-2 Agricultural District to Conditional PD-H2 Planned Unit Development (R-10 Residential District) & Modification of Proffers to a Conditional Rezoning for properties located at 2369, 2373, 2375, 2377, 2381, 2385 Princess Anne Road & 2393, 2401, 2413 North Landing Road, Parcel between 2393 North Landing Road & 2385 Princess Anne Road (GPINs 2404031158, 1494926240, 2404012707, 1494927384, 2403293752, 1494928455, 2404023254, 2404030056, 2404024848, 2404035242, 2404036378). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: May 16, 2023 • Background: The applicant seeks to rezone a 0.88-acre parcel from AG-2 Agricultural District to Conditional PD-H2 Planned Unit Development (R-10 Residential District) and to amend proffers associated with the Conditional Rezoning approved by City Council on January 18, 2022, to rezone an approximately 55.57 acre site to develop a neo- traditional style residential community. With the 2022 approval, the community was to be developed with up to 89 dwellings on 73 lots and 1 commercial parcel, resulting in a density of 2.45 units per acre. With incorporation of the 0.88-acre parcel into the development, the applicant is proposing an increase in density from 2.45 to 2.5 units per acre. The dwelling units will increase from 89 to 93 on 77 lots. Except for the removal of the "Extra-Large Single-Family" lots shown on the 2022 proffered plan, the overall layout, house styles, and open space is similar to the 2022 approval. The proposal includes a land swap with the City to allow for the construction of a pedestrian trail that will connect the Foxfire neighborhood to the Municipal Center and beyond. The land swap request was approved by Council on February 1, 2022; however, the terms of the agreement have not been met and Council approval will be required to extend the timeframe associated with the exchange agreement. A large portion of the property is located in a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area. The residential dwellings are concentrated on the northwestern portion of the site, away from West Neck Creek, which borders the property to the southeast. Five open space areas, totaling 6.27 Princess Anne Village, LLC Page 2 of 6 acres, are depicted on the plan that will be throughout the community and available for use by the residents as private parks. Due to the site's location within the City's Transition Area, the proposal was presented to the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA) on March 2, 2023. Consistent with the Transition Area Design Guidelines, the proposed house styles reflect the Tidewater vernacular and rural architecture. The exteriors will feature fiber cement and brick and each dwelling will have a front porch with varied rooflines. As such, the Committee found the proposal to be in keeping with the recommendations found in the Transition Area Design Guidelines. This site is located within the 65-70 dB DNL noise zone, Sub-area 2 of the Air Installations Compatible Use Zones (AICUZ). On March 15, 2023, the applicant met with the Joint Review Process (JRP) Group to discuss the increased density associated with the addition of the 0.88-acre parcel. The JRP determined that the proposed project is still in keeping with the standards of Section 1804(c)(2) and there were no objections to this request. Since the site is located within Historic and Cultural Princess Anne Courthouse/Whitehurst House District, the applicant appeared before the Historical Review Board (HRB) on February 15, 2023 and was issued a Certificate of Appropriateness that permitted the demolition of the existing structures and the approval of the Colonial, Farm House, and Craftsman architectural styles and exterior building materials for the proposed development. As recommended by the Comprehensive Plan, the applicant submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for this development with the previous 2022 approval. As a result of that review, Staff agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements. Since the subject rezoning and modification is minor in scale to the overall development of the site, an additional preliminary stormwater analysis was not deemed necessary by Staff. 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. • Considerations: The Planning Commission concurred with Staffs findings that the proposal is in keeping with the policies and goals set forth in the Comprehensive Plan for the Transition Area by providing a variety of dwelling styles that are compatible with the surrounding area and consistent with the Historical Area, and open space amenities that connect to public trails. While the Transition Area Guidelines recommend a maximum density of up to and no more than one dwelling unit per acre, the policies of the ITA Plan encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center. The Princess Anne Village, LLC Page 3 of 6 applicant is also proposing smaller lot sizes as allowed by the Transition Area Design Guidelines by meeting the design guidelines and providing additional open space accessible to residential units. The majority of the components of the Transition Area Design Guidelines appear to be met with this proposal, including. recommendations related to streetscapes, open space, pedestrian connectivity, and the architectural styles. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to these requests. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend these items on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of these requests. Proffers for Conditional Rezoning Proffer 1: The Property when developed shall be incorporated into the adjacent development known as Princess Anne Village and shall be subject to the Proffers for Princess Anne Village as approved and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in 2023, and as may be amended. Proffers for Modification of Proffers Proffer 1: When developed, the lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the Princess Anne Village Residential Development Criteria dated February 27, 2023 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. Proffer 2: When developed, the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled a "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated January 31 , 2023, (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: When developed, the number of single-family residential homes located on the Property shall not exceed a total of 77 homes and 16 Garage Apartments. Princess Anne Village, LLC Page 4 of 6 Proffer 4: Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. Proffer 5: When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free-standing sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 6: When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021, a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 7: When developed, there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. Proffer 8: When developed, a linear open space area along Princess Anne Road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 9: When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. Proffer 10: When developed, the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 3-page exhibit entitled "Thoroughfare Types" dated January 31, 2023, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Princess Anne Village, LLC Page 5of6 Proffers Relating to the Conditional B-2 Portion of Princess Anne Village to Remain: Proffer 11: Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. Proffer 12: When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. Proffer 13: The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. Proffer 14: Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. Proffer 15: Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. Proffer 16: All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreements Minutes of Planning Commission Hearing Concept Plans Princess Anne Village, LLC Page 6 of 6 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department e.t,4? 4 City Manager: jV I Applicant Princess Anne Village, LLC Agenda Property Owners Princess Anne Village, LLC & City of Virginia Items Beach 2 & 3 city./ Planning Commission Public Hearing April 12, 2023 Virginia Beach City Council District 2,formerly Princess Anne Requests #2-Conditional Rezoning(AG-2 Agricultural District to Conditional PD-H2 Planned Unit Development(R-10 Residential District)) #3-Modification of Proffers 4 r-actStaff Recommendation 4 Approval �a >ji ° A,414 Staff Planner ,4gar Marchelle Coleman Location Oft b 2369,2373,2375,2377,2381,2385 Princess Anne Ors sFo `'•., Road&2393,2401,2413 North Landing Road, Parcel o �q R .4 between 2393 North Landing Road&2385 Princess -„ 00 ►N°'NGR° o�' Anne Road � �� GPINs ,', 2404031158, 1494926240,2404012707, 1494927384, 2403293752, 1494928455,2404023254,2404030056, 1 2404024848,2404035242,2404036378 -e V Site Size 56.45 acres AICUZ 65-70 dB DNL;Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District .- ;, 4� 0: f: Single-family dwellings,undeveloped/AG-2 ‘• -44 ,.. ' r. Agricultural,PD-H2 Planned Unit Development(R-10) 5. 4, ' 4• (- p f. / Residential :?,. .`,gip,.4 ? ` . Surrounding Land Uses and Zoning Districts , , '�: ti North Princess Anne Road 4 _ - Single-family dwellings,office,automotive repair/0-2 ► �**" h Office, B-2 Community Business,AG-2 Agricultural 4 - '*mm a.••.� ,. . . - South iti -40 �,t' t Wooded,West Neck Creek,office/warehouse/AG-1 ., _ , Agricultural, 1-2 Heavy Industrial , . _ , East /4>N .------ ,irp. tt!,' - .,.. , , Single-family dwelling,wooded/AG-1&AG-2 •. . } F Agricultural ,''r*ti ;-ire °tis ;, West . �ly'' �_ F'; ;.. Princess Anne Road, North Landing Road Shopping center,wooded/B-1 Neighborhood Business, AG-1 Agricultural Princess Anne Village, LLC Agenda Items 2 & 3 Page 1 Background & Summary of Proposal • The applicant seeks to rezone a 0.88-acre parcel (2377 Princess Anne Road)from AG-2 Agricultural District to Conditional PD-H2 Planned Unit Development (R-10 Residential District) and to amend proffers associated with the Conditional Rezoning approved by City Council on January 18, 2022 to rezone 55.57± acres from AG-1 and AG-2 Agricultural District and B-2 Community Business to Conditional PD-H2 with an R-10 overlay and Conditional B-2 Community Business. • With the 2022 Conditional Rezoning approval,the applicant proffered that the development would be constructed in substantial conformance with the conceptual site layout plan exhibited to City Council. At that time,the owner of the 0.88-acre parcel was not interested in selling their property to be incorporated into the Princess Anne Village Community. The applicant has since purchased the parcel and seeks to incorporate it into this development. • The 2022 proffered conceptual plan depicts 89 dwelling units (73 lots with 16 garage apartments) and one commercial parcel, resulting in an overall density of 2.45 units per acre. With the incorporation of this new lot, 93 dwelling units are proposed (77 lots with 16 garage apartments) and one commercial parcel, resulting in an increase in density to 2.50 units per acre. While the overall site is 56.45 acres, since a portion of the land is within a utility easement and within City-defined wetlands,only 37.15 acres of the site can be used to calculate the allowable residential density. As such, the density of 2.50 units per acre is based on the 93 dwelling units proposed on 37.15 acres rather than the total area of 56.45 acres. • While the conceptual plan has changed slightly with the additional lot, in keeping with the previous plan, each dwelling is proposed to be rear-loading and accessed by a one-way alley. With the previous plan,four lot types were identified. With this modified plan, dwellings will be located on one of three lot types identified as either"Large Single-Family," "Medium Single-Family," or"Cottage."The "Extra-Large Single-Family" lots shown in the proffered plan have been removed. As stated previously, up to 16 garage apartments are planned as accessory units. Below is the proposed break down of dwelling types. Minimum Lot Size Lot Type Number of Lots (Square Feet) Large Single-Family 19 Medium Single-Family 3,400 45 Cottage 13 *Up to 16 Garage Apartments are also requested to be located throughout the community. • The five open space areas that were depicted on the previous plan will remain and will be available for use by the residents as private parks. • The proposed house styles reflect the Tidewater vernacular and rural architecture. The three proposed home styles include "Colonial", "Farm House", and "Craftsman". All exteriors will feature fiber cement siding and brick. Each dwelling will have a front porch and varied rooflines and are consistent with the Courthouse Historic&Cultural District Overlay, as well as the Transition Area Design Guidelines. • The parcel to be incorporated into this development is located within the Courthouse Historic& Cultural District Overlay. As such,the applicant appeared before the Historical Review Board and received a Certificate of Appropriateness to demolish the existing structures on the site and for the proposed new construction. A copy of the Certificate of Appropriateness is included on pages 25-26 of this Staff report. Princess Anne Village, LLC Agenda Items 2 &3 Page 2 • This site is located within the 65-70 dB DNL noise zone, Sub-area 2. On May 22, 2018,the applicant met with the Joint Review Process (JRP) Group to discuss the proposed project. Since the proposal was at density similar to, and in some cases, lower than the surrounding properties and conformed to the provisions of the Comprehensive Plan, the JRP did not object to the request. The applicant met with the JRP group again on March 15, 2023,to discuss the increased density associated with the addition of the 0.88-acre parcel. The JRP group determined that the increase in density to 2.50 units per acre is still in keeping with the standards of Section 1804 (c)(2) and thus raised no objections to the request. • The applicant appeared before the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA) on March 2, 2023,to brief the Committee on the proposal. The Committee found the proposal to be consistent with the Transition Area Guidelines and is supportive of the request. • The applicant and the City have entered into an Exchange Agreement to exchange property.The Exchange Agreement requires the applicant to construct a 10-foot asphalt or an 8-foot concrete trail within a 20-foot wide easement to be dedicated to the City.The design and location of the trail will be reviewed during Site Plan review and shall be to the satisfaction of the Department of Parks & Recreation, as specified in the Exchange Agreement. The Modification of Proffers request does not supersede the terms of the Exchange Agreement. Zoning History 3► ";i 6M E ;,,,- .fir'•�,,.� tS AG2 a ;3 # Request `'. �,e�, a 1 CRZ(AG-1,AG-2, & B-2 to Conditional PD-H2(R-10)& `'� 4 G2 Conditional B-2)Approved 01/18/2022 2 CUP(Specialty Shop)Approved 09/07/2016 CRZ(B-1 to Conditional B-2)Approved 06/11/1996 B:� s'�`�//, ,` � CRZ(AG-1 to Conditional B-1)Approved 01/28/1992 4.4" r /% / A, 1 REZ(AG-2 to B-1)Approved 01/09/1986 ;orA, g? „. / 3 SVR Approved 08/27/2013 14 CRZ B-1 B-2&AG-2 to Conditional B-2 Approved • \?r. �'• 4 12/09/2003 i.A � '..�•- � � CUP(Communication Tower)Approved 07 09 1996 t i • ,..(7 REZ(AG-2 to B-1)Approved 01/09/1986 12 REZ(AG-2 to B-1)Approved 01/25/1982 . AGi E / 4 CRZ(AG-2 P -H� t 02 ., A ( to D 2(R-7.5))Approved 07/02/2013 5 CRZ(AG-1&2 to R-10)Approved 10/23/2001 -�'AGI •' 6 CUP(Group Home)Approved 05/24/1994 7 REZ(AG-2 to 0-1)Approved 10/21/1985 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 requests to rezone 2377 Princess Road from AG-2 Agricultural District to Conditional PD-H2 Planned Unit Development (R-10 Residential District) and the Modification of Proffers to incorporate this parcel into the Princess Anne Village development are acceptable.The proposed Neo-traditional residential community meets the recommendations of the Comprehensive Plan by providing a variety of dwelling styles that are compatible with the surrounding area and consistent with the Courthouse Historic& Cultural District, and open space amenities that connect to public trails. Princess Anne Village, LLC Agenda Items 2 &3 Page 3 The applicant's proposal to amend the residential density from 2.45 units per acre to 2.50 units per acre for the development of four additional lots is consistent with other residential developments in the immediate area, approved in recent years. The 2023 Modification of Proffers will supersede the original 2022 proffers to reflect the amended Conceptual Site Layout,the Princess Anne Village Residential Development Criteria, and to incorporate this parcel into the development. Proffers 11-16, associated with the commercial B-2 zoned site,will remain in effect, as noted in the Modification of Proffers agreement. The applicant appeared before the Historical Review Board (HRB) on February 15, 2023, and was issued a Certificate of Appropriateness which permitted the demolition of the existing structures at 2377 Princess Anne Road and the proposed new construction. On July 18, 2018, and August 18, 2021, Certificates of Appropriateness were also issued that permitted the demolition of the existing structures on all the parcels associated with this development and approval of the Colonial, Farm House, and Craftsman architectural styles and exterior building materials proposed for the overall development,which will also remain in effect with these applications. As recommended by the Comprehensive Plan, the applicant submitted a preliminary drainage study to the Development Services Center(DSC)outlining their proposed stormwater strategy for this development with the previous approval. As a result of that review, Staff agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements. Since the subject rezoning and modification is minor in scale to the overall development of the site, an additional preliminary stormwater analysis was not deemed necessary by Staff. Further review will take place during the site plan approval process. As the proposal appears to meet the majority of the components of the Transition Area Design Guidelines, and the incorporation of this parcel into the overall development is minimal in scale while allowing for the completion of the linear park proposed along Princess Anne Road, deficient with the previous plan, Staff recommends approval of these requests subject to the proffers listed below. Proffers for Conditional Rezoning The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property when developed shall be incorporated into the adjacent development known as Princess Anne Village and shall be subject to the Proffers for Princess Anne Village as approved and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in 2023, and as may be amended. 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. Proffers for Modification of Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application Princess Anne Village, LLC Agenda Items 2 & 3 Page 4 be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the Princess Anne Village Residential Development Criteria dated February 27, 2023 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. Proffer 2: When developed,the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled a "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated January 31, 2023, (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: When developed,the number of single family residential homes located on the Property shall not exceed a total of 77 homes and 16 Garage Apartments. Proffer 4: Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. Proffer 5: When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free standing sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 6: When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021, a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 7: When developed, there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. Proffer 8: When developed, a linear open space area along Princess Anne Road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 9: When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. Princess Anne Village, LLC Agenda Items 2 & 3 Page 5 Proffer 10: When developed,the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 3-page exhibit entitled "Thoroughfare Types" dated January 31, 2023, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffers Relating to the Conditional B-2 Portion of Princess Anne Village to Remain: Proffer 11: Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. Proffer 12: When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. Proffer 13: The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. Proffer 14: Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. Proffer 15: Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. Proffer 16: All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. 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. Previous Proffers from 2022 Agreement The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the attached exhibit entitled Princess Anne Village Residential Development Criteria dated Princess Anne Village, LLC Agenda Items 2 & 3 Page 6 August 25, 2021 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. Proffer 2: When developed, the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated May 28t" 2021, (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: When developed,the number of single family residential homes located on the Property shall not exceed a total of 73 homes and 16 Garage Apartments. Proffer 4: Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. Proffer 5: When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free standing sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 6: When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021, a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 7: When developed, there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. Proffer 8: When developed, a linear open space area along Princess Anne Road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 9: When developed,the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. Proffer 10: When developed,the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 3 page exhibit entitled "Thoroughfare Types" dated May 28th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Princess Anne Village, LLC Agenda Items 2 & 3 Page 7 Proffers Relating to the Conditional B-2 Portion of Princess Anne Village: Proffer 11: Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. Proffer 12: When developed,only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. Proffer 13: The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. Proffer 14: Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. Proffer 15: Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. Proffer 16: All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within multiple "districts." The Interfacility Traffic Area and Vicinity Master Plan (ITA Plan), which is adopted by the Comprehensive Plan, identifies the site as being located in the Historic Princess Anne Center. The ITA Plan calls for"lining of streets and spaces with low-rise mixed-use buildings of two and three stories,"within the Historic Princess Anne Center. It also calls for attention on appropriate streetscaping elements including street lamps, planters and benches and emphasis on developing architecture consistent with areas such as Williamsburg. The property also borders the Municipal Center district as identified by the ITA Plan which recommends as an area with planned land uses, both public and private,and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. It calls for the introduction of a mix of residential units into the district to enliven the complex around the clock. Finally,the site is also located at the extreme edge of the Transition Area which calls for uses in this area should be limited to low-impact, low-density residential, low-intensity non-residential, open space and recreation, and agricultural, including row-crop farming and equestrian uses. For residential development, a maximum average of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines. Minimum lot sizes of 15,000 square feet are preferred; however, lot sizes of less than 15,000 square Princess Anne Village, LLC Agenda Items 2 &3 Page 8 feet are appropriate if additional active open space location recommendations as set forth in the Transition Area Design Guidelines are incorporated into the site design. The Plan calls for open space areas to be deliberately included and designed as a site amenity in all development. Open space should comprise a minimum of 50 percent of the developable area for residential development and 30 percent for non-residential development and should provide a balance of both "active" and "passive" open space areas. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. A majority of the site is impacted by the Floodplain Subject to Special Restrictions (FSSR). The applicant has obtained a Letter of Map Amendment (LOMA)from the Federal Emergency Management Agency that officially adjusted the areas located within the Floodplain Subject to Special Restrictions. In addition, a large portion of the site includes both City-defined, and United States Army Corps of Engineers defined wetlands. Likewise,the Southern Rivers Buffer Area also exists within the southwestern portion of the site. No development is proposed in any of the southwestern areas. The site is located within the Courthouse Historic and Cultural Overlay District. All projects proposed within the District must respect the heritage and reinforce the integrity of the district's historic character.The scale, placement, massing and proportion of buildings, additions and architectural details should be designed in a way that is consistent with the historic character of the district. New development should employ high quality site and building designs that complement the classic Neo-Georgian architecture of the Municipal Center. Historical siting's indicate that there may be human remains on or surrounding these properties, as required by State Law, an easement will need to be established and noted on the plat. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 6,600 ADTib 12,500 ADT 1(LOS 4"D"j Existing Land Use 2-10 ADT 13,700 ADT Proposed Land Use 1,407 ADT 1 Average Daily Trips(James 2 as defined by a single-family 3 as defined by 77 single-family 4 LOS=Level of Service Madison to Princess Anne Road) dwelling dwellings and 16 garage apartment lb Average Daily Trips(Princess units and a 5,000 square foot Anne Road to Holland Road) restaurant Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is a two-lane undivided minor arterial roadway.There are no roadway CIP projects slated for this portion of the roadway. Public Utility Impacts Water There is an existing 16-inch City water main along Princess Anne Road and North Landing Road. A City water main designed to Public Utilities Standards must be extended to serve the proposed development. Each proposed parcel must connect to City water with a separate and exclusive water service line and meter. Princess Anne Village, LLC Agenda Items 2 & 3 Page 9 Sewer There is an existing eight-inch city sanitary sewer gravity main along Princess Anne Road and North Landing Road that terminates at Holland Road, a six-inch city sanitary sewer force main fronting the property on Princess Anne Road, and a six-inch city sanitary sewer vacuum main along Princess Anne Road east of Holland Road. This vacuum main currently may not have capacity to support additional connections. A City sanitary sewer pump station and gravity collection system designed to Public Utilities Standards must be installed to serve the proposed development. Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sanitary sewer lateral and cleanout. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Princess Anne Elementary 675 students 703 students 19 students 16 students Princess Anne Middle 1,395 students 1,315 students 13 students 12 students Kellam High 1,875 students 2,093 students 18 students 17 students '"Generation"represents the number of students that the development will add to the school. z"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Princess Anne Village, LLC Agenda Items 2 &3 Page 10 fD fD 0 3 Princess Anne Village z Residential Development Criteria FEBRUARY 27, 2023 r+' rD 1. Density: Wien developed, the number of single family residential homes located cn the Property shall not exceed a total of 77 homes and 16 Garage Apartments 2. Minimum lot 3,400 square feet area in square feet: 3. Minimum lot area 3,400 square feet outside of water marsh, or wetlands: 4. Minimum lot width 35' in feet: 5. Minimum front yard 8' Front yards within Princess Anne Village shall be where the front facade of the setback n feet: home s facing rather than the alley. 6. Minimum front yard 8' Front yards within Princess Anne Village shall be where the front facade of the setback when adjacent home is facing rather than the alley to a 40-foot right-of-way created in accordance with section 4.1 (m) of the subdivision ordinance in feet: 7. Except as provided n 5 subdivision (6.1 ), 5 minimum side yard setback except when cnaN adjacent to a street in feet: m II C or' N r w n U m N J o5 a) a1 N no on � ( a d = a) > +' pieA luoil ay;alisoddo lot ay;to uo!pod ay}aq Heys pieA Jean aq ,£ -las pieA ieaJ wnwiuiw •£r, c -v a v :pal u!saJnlonJls a Q A ossaooe Jol poeq c -las pieA Jew wnw!uiw a '(Vol.)uoisinipgns -pJeA wail ay;alisoddo;cm ay;to uoipod ay;aq Heys pieA Jew ayl,£ ui papinoid se ldaox3 -z I. :pal ui samlonjls tiossaooe col ldaoxa)foeglas •pies(wall ay;alisoddo pi aqua uoipod ay;aq Heys pieA Jew ayl,£ pieA Jew wnw!um •1.1. :pal u! aoueu pao uoisinipgns ay; to(w)yip uolhas yliM aouep000e ui baleen AeM-jo-ly6u loot-ot e of luaoefpe uayM poeglas ,9 pieA apis wnwium .01. :laal ui;awls e of lueoe(pe pegles ,9 pieA apis wnwiumi •6 :aJnlonils tiossaooe ue se luawpede a6eie6 e Jol JO laaJls e of luaoefpe uayM ldaoxe pal g ueyl_lalea&6 ou ;ON anea ue yliM pue •co , ewe ui;eel aienbs 0g 6 �; ueyl Jabie1 ou sainpn.gs ',7: AJossaooe col)oeq u ,5 -las poet(apis wnwiumi .g c v E :leaf ui a 0 av a o Development Criteria a) CO 2 N CO 8 ac CoQ. 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Y . ;r //— --- . ---:'-- . ''' ' • t \ - --.- Princess r E i a �� • Anne Village, LLC Agenda Items 2 &3 Page 14 Proposed Conceptual Site Layout - /;- ., -�; ;., -miwo.. X, K b^, a \\i _ ' / do' -/ .\ \ /- . I '�- / tit s� , , .: t Uc ✓' kc 1 t 1 ._ .. E 7 A 1, . .p ,ii r� a a „ Y /sue ` v \ � t` ` kL. .T , Lit il, Ai 1 . , , , ,- t /\�i �� I ..ft.,, ,t_ ,i, i f—; J i 1 4 t ,�� slit 'i ( irF ' a _ ; i . • a$1 c ---j f 1 ,, _:- - .Y , 1 It 1 1 i\ r\ li i t i: ' ---fr,_ . 0 r 1 111At` s i s% _ _.«sof � - - - ,pp�, ��, # \..\ , _j' � .1 �IC j i 4\ , .. t "‘ ,• - ..,i.- ,. 4 11, 04,,..A 1 .,,, 1 . -_ i / (+: ill" i/lit)1.71 / 1 1 ' I . ''' 1(.' \, '‘) / /I \ - •-„_.. = \ . t 1' ,) A ,-. Nt...i4..- . .1,4- 9,. — I, 1 -.H 1 J ,., •, _; , is t ii -moil , L. - i ° �ii`-; `` s� \._? s I 4 ...,____,.., \\,....,____:. , • it, r it � Y��_'‘) -lII° I =/C A `. G \ —:'''''' .- r ic� t_ �iit t - . kt• i i � � , =f `` \ i`a _-E tea✓- . (#: ...„ _• 't--mod _- .i \' y I+ �. ,�i 2 , . . _e_. _: _i. v.,,__,c_., _=. . -.6% 111 -' VE • '. - ) .fi . .5., iCJ -r` Princess Anne Village, LLC Agenda Items 2 &3 Page 15 Proposed Parking Layout tC___ - .).eicy.,,V, / /<#,r ' \ \:*°-`,. i,, .g'-'7.:10,'r'' r <,' lo 1 \olik/, i.7.! -c I - hr ¢.� 7`\ � \ d c i j..i.4 1 ..:i'3. 1,.... k i-€ #) i iiipP I!.. - 1 i vi 1i, i.. � _ \ 1\10 id ver- , i t� W�1►. - - ; 110. f' ' , "' 1 N ,,, fi /1 i ' I ''I�a r \\ f f �1 I� 1 �� ' f i, l { r- i 1 3 1' 333j t r I =e 4. I I -rl "1' 1 l i i I I a ill lig- . ._-_ _ H ,., eg ,, ,,,K, ______- '- ' '4---- ---1.--------— ' ' (it 1 11 ti = ;it, 111 1114.', 1A----11--:, 1 4` 1 ll\.„ti,1;, Li \ _ _ si 1 -.:\ sir 1 ►0 ,— $� }.14 ►L, .- ,._, ...„10111,, 44101 'V',,,. . -4,- s ' ',- ,, , ., ,_________\ t'--' .., IL I ' AMP 1 ,\ ,[?'\\ _ �. v ' t dr‘ I I ' ' li i \ *1 a. iiiiity Ill 1 -‘,‘' ----, t L s \f .r _ kg OM 1 > cif . \‘ c Il I ,.. --'' \ --, 's , \N, k\ -.7:-.' ;..f . ' �_J„ om rill \C ei) < ''� --- J l _ , '� � ., 's 111��,�""^ 'IP` i '0t `� VI CV'' _. j / ''� '\� \s' ��- \_/"� ` - re _ r _�— j- A It .4;' -' ir , , - ,F't te 7,..,:...,.... --- ,,.... -. ,--., _ J Princess Anne Village, LLC Agenda Items 2 &3 Page 16 0 13 0 vi rD D. O i . ,, se,.' . ,),,,, 011 �l r �. 11pr nr iwr,Vin e'` h CU d- {{i I I I N 111 I I i,, I f I HidI . i ., ,l I I I I I I lhoroughtare'tj-pe — el, Fire A c et,bane PSI 1 i ••,1 I I I Pr Pith r i 1 RA Rear Alley 3'!S 51 =. .3..6 .'t'>t h.5"5' S� .1 ,' Si' Street 45' } 5, I' 'L'R 'Bail 1-Right-of-Way Width -Paventeut Width ttltltlttltllttlttltlIM S T-4 5-2 2 Illmillm S T-5 0-2 7 R A-2 4-13 X X-#- \r met Street Rear Alh7 Thorouf hfarc'hipe Note:When developed,the street widths,curb T3.T4.75 T3,74,T5 T3,74,T5 Tnmeet Zone heights.centerline radii.rear lane.rear alley 45'ROW 50'ROW 24'ROW Right-of-way or Cnrnlriu VChilil street sigtrage and trail widths shall be decel- 22'Pawment,5'Gtmpne or Cobbles 27'Pauenrent 13'Pavement Patron 11 Wnith oiled in substantial conformity with the 2-page __ ----_ _ _ -- —.- -- exhibit entitled"ThorouOfue Types"dated Skim!Mtwement Shiu Morrment Slow Movement Movement May?Rdr,2021,a copy of which Ira been ex- One Wav'I'raftir ku,Slav l',ttic One Way]raffle I rattle banes lubited to theVir ittia Beach City Council and ['Irking()ne Side PirkingOne Sid- ,o Parking Parking lane., in on file with thc Virginia Beach f)cpartment 25'Curb Radnir 23'Curb Raskin 2i Palm at Ally;Apron at Street Pnrrnent%Curb of Planning. 1"I leuler Curbs .1"[leader Curbs (owned Crow'n.or Straight Slope Curb'A}w 17 6.5'Tree Lawn 6.5'Treee Lawn 5.5'Lawn Pinner Type(inelu,ks6"Curb it oily) 5 Alke,30'o.e. Mlee,31r s,a caries Lndxapr Type n 5'Sidewalk One Side i Sidewalks No Sidewalk Walkway lAle CD > Vt 00 N ',kite, CD > 1L CD MICH,IF.I,WATKINS AnCHITFCT,I.rc: r• r+ January 31,2J23 Thoroughfare Types 1 rrnrccs Anne Village -p 3 tL 0) to an (�D N.) sp I--' I--" 'I W ("1 13 0 13 0 1n CD —I // ( ati fit' `'�;�., �' - \.\ l l l 1 1 { ' \, \` ,, .': MY1øe1 ;A� „p' t V vl , lliiiii '11I I 1 a + -1 ' , ill! ,rir. V , i i I 1 . I . ,1 , • 0 , I . ,I ' . 1 I I Thoroughfare Type I I hl. Fire Acnxs I an, PI Path I RAlLuuAlley I i ST Strut ` 'I R frail I'I S� 1 21' I P l:)ncr,•t: ~^Width as shown i Right-of-Way ,Pavement Width PT-V-S BP- 10-8 ammo. TT.-21-5 ---- P-1 v 5A XX-If-P Pith Dike Path Fire Ac it lane d is a I k A I t,n Prin.e.. .Anne Reid Thonneµhratc TY1v: T3,T4 Tl.T2.T3 T3,T4,T5 Transc,t Zona. Private 2(I'Sa Trailhasement"' 11'IIOW R:1s tintdaty Sint,.elk Rtµhl.,f-way or Eminent Width 3'miu, 10 Asphalt or 8'Concrete A'(;rassrave 15 Pavement t II'(irasspave pub:r,\.w"s Prvement Width N/A Pedestrian Eire ligtdlunentonly 1xois 1as icn. Mtr merit N/A N/A N/A ,/___ PA Hoed 'traffic I ow N/A N/A No Parking Parking lanes N/A N/A N!A 10 nuu P:ntrnent/Cetth K/A N/A N.':1 (:urb Type Vaires Wrics N"A (flatter type',includct h'Curt,if sot' 'TJ lires,pnmd cover.shntbs,lawn Tress&Shrubs(min.of 1 Tres per 35 linear feel) N'A I ants ape type N/A AIM Atphaltor Concrete Trail 5.Srdewnik Walkw ay Type = *Notes:path may accoi odate veinal- N,:1 "Note. Proposed 2 pchlic access easement only applies to the sidswalk adia:ent to Notes nrincess Anne Road Sidewalk may meander where necessary preserve select lac access when necessary Coto cornice? D W. ulracent alley with street. high-quality trees. 00 N (D > NATCHAF.I.WATKINS A1CH1TII IT,T.TA. e = = Thoroughfare Types nnecss Anne Village 0- January 31,2023 g l 0) (D ltev.4.4.23(:UH C (D — y Vf CM CM CDD lV fD t- Q° rr- 00 w (1 Proposed Home Styles 4 E' ,1 0. 1: -lied! .. lililliP1141111 i - iA ♦T N i R W it: �, id E. ;:, ,Ifi . v) :-, A : ._ ..., . p " 0 c < of (Wii ill*"'" . ' ; Allk,.----, ,• ''.4 ' 0 * f• ih gil t i L► J Wm. 3 Z CA Z ill W �!z ss '5 imtj = EN...t, F. i -,., ,. NMI I ,I U. - - ii\ o ,:iiiir ( : ql M .'Z\e ......_ ...___ A ...... .i 1 1 w. r:r...:.,,.,1'v.-,, R v 41%4. ss r�e r .1 ...../ imp., ! 4 r artglit ` / --t..:74,* ,. - 4.-4. ,4 ,:,1 g_, s , .. • Princess Anne Village, LLC Agenda Items 2 & 3 Page 19 Proposed Home Styles ..r' J r _7 . , i ...=:: .• iidc4, A w V) 4 "II': 14'• ° et—dit.-,; 1-4%; ol ...i 1 ' '• • yam. } 1 1 V) Z Q w Z 0 v € CJ> > 1 sl , - II ' __21 IP Fig f- '' A ' . 124 Princess Anne Village, LLC Agenda Items 2 & 3 Page 20 Proposed Monument Sign ,.. , . . 40 ' • -:-. ' - iii14# ., . .. , ' .. .) '- . '''' '•'....2-41'''''-''''., .14 -- .*. , ,', 'N'4#1041/4.-‘, 'IV:** •.,.. .._ . ' I. V ... .... _• . • . . .. ii ''-1;• • ' .- ' ' * .115, , _.•- ''. i „ . ! 4 • N -`17-,... _ . tr_,_ . ',._ .. "iCia.'. _ :----._ , - - •1 411. . ,.. . ''.._ I "Mink.ailfa 4,0401104. ' . . > - Princess Anne . .......ir - - Villacfe ,-, ..... ..._ - ... 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'te,.• V` --- it�, — - _ 4,'� k,, iv._ . - "-*IA. 4— .` - ...._ ,-,------ sirlev-----:.:.--, - A ‘1111° _t ' 'f a - •ram '-v tI �.,,._ ._ r _ , e i Princess Anne Village, LLC Agenda Items 2 & 3 Page 24 Certificate of Appropriateness - 2023 cv ai C n_i i ty of Virgi a B each r VrYrdir \rim,.c.n1 naSAME r SLUE SR DEPARTMENT OF PLANNING&COMMUNTY DEVELOPMENT NRGOM BEA.vr:HS HISTORICAL REVIEW BOARD February 16,2023 Princess Anne Village,LLC PO Box 55202 Virginia Beach,VA 23471 RE: Certificate of Appropriateness Application#23-01 — Princess Anne Village, LLC— Demolition& New Construction—2377 Princess Anne Road-GPIN 2404031158- Courthouse Historic&Cultural Overlay District Dear Princess Anne Village,LLC: On February 15,2023 a Certificate of Appropriateness was issued by the Historical Review Board for demolition and new construction at 2377 Princess Anne Road subject to the following conditions and exhibits: 1. Prior to demolition, the existing house shall be documented with high-resolution photographs showing all four exterior elevations and a wide angle view of the building relative to Princess Anne Road. Photographs shall be labeled with the date and short description and submitted to Historical Review Board Staff (e.g. 2023-02-15_North Elevation). Photographs may be submitted digitally. 2. The same conditions of approval established under Certificate of Appropriateness #18-07 shall apply to the redevelopment of 2377 Princess Anne Road. 3. Once construction is complete, the applicant shall submit photographs of the finished buildings to Historical Review Board Staff. Photographs shall be labeled with the date and short description (e.g., 2023-02-15_North Elevation). Photographs may be submitted digitally. 4. In the event of unanticipated archaeological discoveries, contact the Historical Review Board at(757)-385-3066 or(757)-385-8573 prior to continuing work. 5. Contact the Historical Review Board Prior to making any changes to the proposed design, location, configuration, or materials that are subject to the issuance of a Certificate of Appropriateness. Issuance of the Certificate of Appropriateness by the Historical Review Board does not imply approval of any applicable City ordinances or discretionary approvals. Please attach this letter and the accompanying attachments to any permit or Development Services Center submissions. Princess Anne Village, LLC Agenda Items 2 & 3 Page 25 Certificate of Appropriateness - 2023 Princess Anne Village,LLC COA#23-01 If you need further assistance, please contact Elizabeth Nowak at 757-385-3066 or by email at enowakavbgov.com. Sincerely, /t% Elizabeth Nowak Planner II CC: RJ Nutter, Applicant Representative Lewis R. Mikesell& Michele T. Mikesell, Property Owner Building File Attachments(2) Annotated Demolition Exhibit from COA#18-07(1 page) COA#18-07(Previous Approval Letter; 11 pages) Princess Anne Village, LLC Agenda Items 2 & 3 Page 26 Joint City-Navy Review - t JOINT CITY-NAVY REVIEW PROCESS GROUP FINDINGS PER THE 2008 MEMORANDUM OF UNDERSTANDING BETWEEN NAVAL AIR STATION OCEANA&CITY OF VIRGINIA BEACH Applicant: Princess Anne Village,LLC Meeting Date: March 15,2023 Meeting Location: 2875 Sabre Street,Suite 500 Attending: Applicant&Representatives: RJ Nutter Joint Navy-City Staff Group: John Lauterbach,NAS Oceana/Aviation-AICUZ Technical Advisor Carrie Bookholt,City of Virginia Beach/Planning Kaitlen Alcock,City of Virginia Beach/Planning Marchelle Coleman,City of Virginia Beach/Planning Beverly Wilson,City Attorney's Office 4 • Princess Anne Village, LLC Agenda Items 2 &3 Page 27 Joint City-Navy Review Joint Review Process Group Princess Anne Village,LLC Page 2 of$ GPINs 2404031158,1494926240,2404012707,1494927384,2403293752,1494928455,2404023254, 2404030056,2404024848,2404035242,2404036378 BACKGROUND 2377 Princess Anne Road Site Location: 2369,2373,2375,2381,2385 Princess Anne Road&2393,2401,2413 North Landing Road,Parcel between 2393 North Landing Road&2385 Princess Anne Road AICUZ: 65-70 dB DNL;Sub-Area 2 Existing Zoning: AG-2 Agricultural(2377 Princess Anne Road)PD-H2 Planned Unit Development(R- 10 Residential)(Princess Anne Village,LLC) Proposed Zoning: PD-H2 Planned Unit Development(R-10 Residential) Existing Use: Single-family dwelling Proposed Use: Single-fa mily dwellings Rezoning of property at 2377 Princess Anne Road from AG-2 Agricultural to PD-H2 Planned Unit Development(R-10 Residential)and incorporation into development Request: with a total of 93 dwelling units(77 lots with 16 garage apartments)with a density of 2.50 units per acre. "As part of the Virginia Beach Zoning Ordinance, the administration of Article 18,Special Regulations in Air Installations Compatible Use Zones (AICUZ), is wholly the responsibility of City of Virginia Beach staff. Participation in the Joint Review Process Group by U.S.Navy personnel assigned to Naval Air Station Oceana is limited to providing technical advice on matters such as the U.S.Navy AICUZ Instruction,from which Article 18 is derived,and questions pertaining to naval air operations. All conclusions and opinions with respect to an application's adherence to the requirements of Article 18 are solely those of the City of Virginia Beach staff." RELEVANT FACTS ASSOCIATED WITH PROPOSAL The applicant is requesting to rezone the 0.88 parcel at 2377 Princess Anne Road from AG-2 Agricultural District to PD-H2 Planned Unit Development(R-10 Residential)and incorporate it into the Princess Anne Village Development. Princess Anne Village was approved by City Council on January 18, 2022 for 89 dwelling units(73 lots and 16 garage apartments)at a density of 2.45 units per acre.By incorporating this parcel into the development,four additional lots are proposed,increasing from 89 to 93 dwellings units Princess Anne Village, LLC Agenda Items 2 & 3 Page 28 Joint City-Navy Review Joint Review Process Group Princess Anne Village,LLC Page 3 of GPINs 2404031158,1494926240,2404012707,1494927384,2403293752,1494928455,2404023254, 2404030056,2404024848,2404035242,2404036378 (77 lots and 16 garage apartments).The overall density will increase from 2.45 units per acre to 2.50 units per acre. The site is located within the 65 to 70 dB DNL AICUZ,Sub-Area 2. Section 1804(c)of the Zoning Ordinance establishes regulations that apply to discretionary development applications for residential uses with this AICUZ. • APPLICABLE ZONING ORDINANCE PROVISIONS Sec.1803(a)-Applicability The provisions of this Article[18]shall apply to discretionary development applications for any property located within an Accident Potential Zone(APZ)or 65-70 dB DNL,70-75 dB DNL,or>75 dB DNL Noise Zone,as shown on the official zoning map,that have not been approved or denied by the city council as of the date of adoption of this Article.For purposes of this Article,discretionary development applications shall include applications for: 1) Rezonings,including conditional zonings; 2) Conditional use permits for new uses or structures,or for alterations or enlargements of existing conditional uses where the occupant load would increase; 3) Conversions or enlargements of nonconforming uses or structures,except where the application contemplates the construction of a new building or structure or expansion of an existing use or structure where the total occupant load would not increase;and 4) Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structure where the total occupant load is increased. Sec.1804(c)(2)—Discretionary development applications;city council policy For property within Sub-area 2 of the 65-70 dB DNL Noise Zone,discretionary development applications for residential uses may be approved only if the city council finds that the proposed development: (i) Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan;and (ii) Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation,the Princess Anne Corridor Study,Princess Anne Commons Design Guidelines,or Mixed Use Development Guidelines. 4 Princess Anne Village, LLC Agenda Items 2 & 3 Page 29 Joint City-Navy Review Joint Review Process Group Princess Anne Village,LLC Page 4 of 5 GPINs 2404031158,1494926240,2404012707,1494927384,2403293752,1494928455,2404023254, 2404030056,2404024848,2404035242,2404036378 EVALUATION The Joint Review Process Group(JRP)evaluated this request for compliance with the above provisions of Section 1804(c)(2)of the City Zoning Ordinance. With regard to the first criteria provided in Section 1804(c)(2)of the Zoning Ordinance pertaining to density,the proposed density of 2.50 units per acre for the Princess Anne Village is less than the densities of the surrounding residential communities which include Holland Crossing at 2.98 units per acre, Courthouse Forest at 2.71 units per acre,Highcourt at 3.02 units per acre and Courthouse Green at 3.82 units per acre. Directly across Princess Anne Road are five single-family dwellings on large lots. These homes are not included within any of the surrounding homeowners'associations or civic leagues and were not considered as part of the evaluation. With regard to Section 1804(c)(2) of the Zoning Ordinance pertaining to conformance with the Comprehensive Plan,the proposed development is located within multiple"districts." The Interfacility Traffic Area and Vicinity Master Plan(ITA Plan),which is adopted by the Comprehensive Plan,identifies the site as being located in the Historic Princess Anne Center,and along the boundary of the Municipal Center. The ITA Plan calls for the"lining of streets and spaces with low-rise mixed-use buildings of two and three stories,"within the Historic Princess Anne Center. The property also borders the Municipal Center district as identified by the ITA Plan which recommends as an area with planned land uses,both public and private, and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. Finally,the site is also located at the extreme edge of the Transition Area which states "For residential development,a maximum average calculated density of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines." Although the proposed density of 2.50 is higher than that which is called for in the Transition Area,its location within multiple districts that call for increased residential development where permitted, and its geographic separation from much of the Transition Area by West Neck Creek,in the JRP Group's opinion,gives the recommendations for the other districts more weight. It is the opinion of the Joint Review Process Group that the proposed residential density of 2.50 units per acre meets both Section 1804(c)(2)(i)and 1804(c)(2)(ii). It is lower than the densities of similar residential neighborhoods in the immediate area and is a density that is consistent with the recommendations for this area as outlined in the Comprehensive Plan. Princess Anne Village, LLC Agenda Items 2 & 3 Page 30 Joint City-Navy Review Joint Review Process Group Princess Anne Village,LLC Page 6 of 6 GPINs 2404031158,1494926240,2404012707,1494927384,2403293752,1494928455,2404023254, 2404030056,2404024848,2404035242,2404036378 For the City-Navy Joint Review Process Group a4.71-6.,L__te4,,e-i___• Kaitlen S.Alcock Interim Planning Administrator Department of Planning and Community Development Princess Anne Village, LLC Agenda Items 2 &3 Page 31 Site Photos • �� ,� -K'+ R _ , J - ? t i.r • ,` * t -:‘,11W1. - I •-. . 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' -7 -:',-t-4•••'-'bs«.•* , • :'"" '- :' 1:'----;44,...-41:t.:;:';''k41:21: '4'-----""...... ...."'"....."..'"."------.- 4.......,,'---..11::',..-: , • te., r •• ., -'^ya _ �#'. 4 ►� -x ,.4•1. -�'•=:` :."--'' :.yy", .,- - • C- 64114A. . . _. . , y F _ .;r i '. it fi Y v _ # k �' . mow. '' • r' 'e , x 3.h. y$A."-•-t .-• _ �-T S�r�"f'_.. �• r Princess Anne Village, LLC Agenda Items 2 &3 Page 32 Site Photos _ . . , - _ •,c,tk • ' • ;&.sgoir•fi' ' llAk•-•S`-',':'‘'.1k ` • • .2-••• -4, „. F';; . , , , • • .' • 4110t- . _ - - - " - • : , - ,";,* ,- • * •4,',•e•-' • 4:st. ' .. • y..1 e , • - 4 ' 3C. • t , A 141141. • • 4" . ‘,;it • • 4- _ _ # • - ar j " - --- 44.111rterel • Princess Anne Village, LLC Agenda Items 2 &3 Page 33 Disclosure Statement Disclosure Statement • (Ito Di Planning&Commu.'�,y .._ 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 Princess Anne Village,LLC Does the applicant have a representative? Yes ❑No • If yes,list the name of the representative. RJ.Nutter,Esq.,Troutman Pepper,LIP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?t Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Richard Burroughs;Charles F.Burroughs,III • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i P a g e Princess Anne Village, LLC Agenda Items 2 &3 Page 34 Disclosure Statement Disclosure Statement Citi,•1 Villas;Akact Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ii. No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Frye Properties-Michael Watkins,Architect 5. Is there any other pending or proposed purchaser of the subject property?❑Yes S No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Princess Anne Village, LLC Agenda Items 2 & 3 Page 35 Disclosure Statement Disclosure Statement NiB Pity of vvyhm.Ban, Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes I No • If yes,identify the 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. Kimley Horn-Laurence Benson;Kellam Gerwitz Engineering-Bob Kellam 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. Troutman Pepper-RJ.Nutter Applicant Si nature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ✓b.4L!,.l t- `•L Applicant Signature C trl A Lea r�, c , I I MA-&AL t Print Name and Title 3ktJ t k 'a_o 3 Date Is the applicant also the owner of the subject property? ❑Yes I No Yes24040311580 as to all p000arcels except GPIN • If yes,you do not need to fill out the owner disclosure statement. FOR PITY USE ONLY/All disclosures must be updated Iwo(2)weeks prior to am Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 4/26/2023 Signature I Pant Name I Marchelle L.Coleman Revised 11.09.2020 3 I P a g e Princess Anne Village, LLC Agenda Items 2 &3 Page 36 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. Princess Anne Village, LLC Agenda Items 2 & 3 Page 37 Document Prepared By: Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 Kimberly Shepherd(VSB#38702) AGREEMENT THIS AGREEMENT (this "Agreement"), made this day of , 2023, by and between PRINCESS ANNE VILLAGE LLC, a Virginia limited liability company; (the "Applicant" and "Owner"hereinafter referred to as the "Grantor", and to be indexed as Grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the "Grantee", and to be indexed as Grantee). WITNESSETH: WHEREAS, Grantor initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-2 to Conditional R-10 with a PDH-2 overlay, as to parcel referenced herein as GPIN 2404-03-1158-000; and WHEREAS, Princess Anne Village, LLC recently acquired the parcel located in Virginia Beach identified as GPIN No. 2404-03-1158-0000; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 R-10 with a PDH-2 overlay are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-10 and PHD-2 zoning districts by the existing City's Zoning Ordinance(CZO),the following reasonable conditions related to the physical development,operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation GPIN No.2404-03-1158-0000 147126737v1 of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs,personal representatives, assigns, grantees and other successors in interest or title,namely: 1. The Property when developed shall be incorporated into the adjacent development known as Princess Anne Village and shall be subject to the Proffers for Princess Anne Village as approved and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in 2023, and as may be amended. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. 2 147126737v1 GRANTOR: PRINCESS ANNE VILLAGE LLC, a Virginia limited liability company By: """'�^C4 , 1-(4/""1/6. '2' Its: `" ikt-iAcs c --- STATE/CO MONWEALTH OF V k 1 n CITY OF i t I\,q S 2s; to-wit: V The foregoing instrument was sworn to and acknowledged before me this /"1 day of f\k_ctc-c , 20a3 , by CANcArl es a 1„, in her/his capacity as of Princess Anne Village LLC, a Virginia limited liability mpany . She/he is either persona known to me or has produced \i t r--,,,, pc,✓es'S L i-c_e s c_as identification. a Witness my hand and official stamp or seal this i 7 day of -c1,1 , 20 QJ. Zau/71 1 2/,/,,iA Notary Public (SEAL) My Commission Expires: /SD/off ozs` Registration Number: 764-fa Lt..) „„.11 III1141,4 sos`A F. N//v•,�. . f /OOTARj Odd: i tt,:;smom.Expires no 75 2438 14 #1..,�O�,.j,�,A,,'•B O �,`:;�o ,,ts;;�+IfhhNO' 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: City of Virginia Beach, a Municipal Corporation By: 4- Its: City Manager STATE/COMMONWEALTH OF P 1l`,( GZ CITY OF '�'y t -wits--J The foregoing instrument as sworn to and acknowledged before me this - day of r u c& , 20:.)3 , by ' O -i C k . .t> u htµo 9 in her 's capacity as Aket�-�C�C -e' of the Cityof Virginia Beach,a Municipal Corporation. She is either CL-k-N4 g p rP rsonall know to me or hasproduced as identification. pe y i ntlfication. Witness my hand and official stamp or seal this C) day ofa ru u rj ,20 3. '')./Lda_ 77,/( cf 6&/r- Notary Public (SEAL) �/My Commission Expires: ( /3(-)/(93 1 Registration Number: 93 93 5 EXHIBIT A Legal Description 2377 Princess Anne Road,Virginia Beach,VA ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough,near Princess Anne Courthouse, in the City of Virginia Beach, Virginia, and more particularly described as follows,to-wit: BEGINNING at a pipe in the southern line of the right of way of Princess Anne Road(State Highway Route No.629),distance 110 feet as measured along a course, S. 54 degrees 51'W from a pump point in the southern line of the right of way of Princess Anne Road, which said pump point is also located in the dividing line between property now or formerly of Eva M. Burton and other property now or formerly of Sidney A. Wood and Judith I. Wood and from the point of beginning thus established running S.36 degrees 30'E 216.6 feet to a pipe located in the center line of a ditch, thence turning and running along the center line of said ditch S. 49 degrees 54'W 175.34 feet to a pipe located in said ditch;thence turning and running North 36 degrees 30'W 223.7 feet to a pipe located in the southern line of the right of way of Princess Anne Road; thence turning and running along the southern line of the right of way of Princess Anne Road along the arc of a curve to the right, the chord of which bears No. 51 degrees 11'E and is of a length of 175.04 feet to a pipe, to point of beginning. IT BEING the same property conveyed to Lewis R. Mikesell and Michele T. Mikesell, Husband and Wife, by deed from Sidney A. Wood and Judith I. Wood, Husband and Wife, said Deed dated May 26, 1995 and recorded May 30, 1995 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3500, at Page 1761. 5 Document Prepared By: Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 Kimberly Shepherd(VSB#38702) AGREEMENT THIS AGREEMENT (this "Agreement"), made this 6th day of January, 2023, by and between PRINCESS ANNE VILLAGE, LLC, a Virginia limited liability company ("Owner" and"Applicant",hereinafter referred to as"Grantor",and to be indexed as Grantor);and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the "City", and to be indexed as Grantor and Grantee). WITNESSETH: WHEREAS, Princess Anne Village, LLC is the current owner of those certain parcels located in the City of Virginia Beach, Virginia,identified by GPIN Numbers 2404-02-4848-0000, 2404-03-6378-0000, 2404-03-5242-0000, 1494-92-8455-0000, 1494-92-6240-0000, 2404-02- 3254-0000, 2404-01-2707-0000, 2404-03-0056-0000 and 2404-03-1158-0000; the City of Virginia Beach is the current owner of those certain parcels located in Virginia Beach identified by GPIN Number 1494-92-7384-0000 and a portion of GPIN Number 2403-29-3752-0000, as more particularly described in Exhibit A attached hereto and incorporated hereby by reference(the "Property"); and WHEREAS, Grantor previously initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City, so as to change the classification of the Property from AG-2 to Conditional R-10 with a PDH-2 overlay, as to all parcels referenced herein except as to GPIN Number 2404-03-1158-000; and WHEREAS, said Zoning amendment was granted on conditions proffered in Agreement dated June 10, 2021, and recorded January 20, 2022 in the Clerks' Office of the Circuit Court for the City of Virginia Beach,Virginia as Instrument Number 202203004570("June 10,2021 Proffer Agreement"); and GPIN No.2404-02-4848-0000 GPIN No.2404-03-6378-0000 GPIN No.2404-03-5242-0000 GPIN No. 1494-92-8455-0000 GPIN No. 1494-92-6240-0000 GPIN No.2404-02-3254-0000 GPIN No.2404-01-2707-0000 GPIN No. 1494-92-7384-0000 GPIN No.2403-29-3752-0000 GPIN No.2404-03-0056-0000 GPIN No.2404-03-1158-0000 153574788v1 WHEREAS,Princess Anne Village,LLC obtained ownership of an additional contiguous parcel located in Virginia Beach identified as GPIN Number 2404-03-1158-0000; and WHEREAS, Princess Anne Village, LLC initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City, so as to change the classification of the Property from AG-2 to Conditional R-10 with a PDH-2 overlay as to this contiguous parcel located in Virginia Beach identified as GPIN Number 2404-03-1158-0000; and WHEREAS, the proffered conditions as contained in this Agreement shall supersede the previously approved proffers contained in the June 10, 2021 Proffer Agreement; and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 R-10 with a PDH-2 overlay are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the City,as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-10 and PHD-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development,operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the City as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the City in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the City, after a public hearing before the City advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. 153574788v1 NOW THEREFORE,the Grantor,for themselves,their successors,assigns,grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs,personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the Princess Anne Village Residential Development Criteria dated February 27, 2023 (the "Development Criteria"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. 2. When developed, the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled a "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated January 31, 2023, (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the number of single family residential homes located on the Property shall not exceed a total of 77 homes and 16 Garage Apartments. 4. Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. 5. When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free standing sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. 6. When developed the entrance open space areas shall be in substantial conformity with the elevation entitled"Entrance Way"dated June 4,2021,a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. 153574788v1 7. When developed,there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. 8. When developed, a linear open space area along Princess Anne road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. 9. When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. 10. When developed, the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 3-page exhibit entitled "Thoroughfare Types" dated January 31, 2023, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffers Relating to the Conditional B-2 Portion of Princess Anne Village 11. Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. 12. When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. 13. The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. 14. Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. 15. Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. 16. All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. 153574788v1 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW] 153574788v1 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: PRINCESS ANNE VILLAGE LLC, a Virginia limited liability company By: Itutifivi 3,44-0/. Its: r'I A c,C — STATE/COMMONWEALTH OF Vi', • ff CITY OF V;r3i^iq 84• e v il ,to-wl The foregoing instrument was sworn to and acknowledged before me this I day of , 20�, by C14'/es (6a rf#K�jhf Ti in her/his capacity as of Princess Anne Village LLC,a Virginia limited liability company . She/he is either personally known to me or has produced ✓:s)i ,k Pe;II/3 1.16 8 i X as identification. Witness my hand and official stamp or seal this II day of ,20 2) . Notary Public (SEAL) My Commission Expires: /0(51/20 X Registration Number: Foo q 6 Z 7 Ct Z,s ‘40 TA Mr .Expi,,., n 0 asz6 Pq: lkittsQ&/ 4.4 THh 0*> 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: City of Virginia Beach, a Muir' ipal Corporation By: ` l� Its: City Manager STATE/COMMONWEALTH OF .J j 1 i �� CITY OFF, ,12'toLl et C .to-wit: The foregoing instrument was sworn to and acknowledged before me this 3-C day of u , 20 2 3 , by 7ct-h-j ck A , D to i i cul,' in her capacity as f1,1Ci C ), of the City of Virginia Beach,a Municipal Corporation. She is either persortally know to me or has produced as identification. Witness my hand and official stamp or seal this day of re b"uu t,,20 :)3. 71 'VC66L4 .(e/r- f Notary Public (SEAL) My Commission Expires: /' /� 393 Registration Number. (� / _ 7 EXHIBIT A Legal Description Legal Description by Metes and Bounds of Area to be known as Princess Anne Village 2377 Princess Anne Road, Virginia Beach, VA Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough, near Princess Anne Courthouse, in the City of Virginia Beach, Virginia, and more particularly described as follows, to-wit: BEGINNING at a pipe in the southern line of the right of way of Princess Anne Road(State Highway Route No. 629),distance 110 feet as measured along a course, S. 54 degrees 51'W from a pump point in the southern line of the right of way of Princess Anne Road, which said pump point is also located in the dividing line between property now or formerly of Eva M. Burton and other property now or formerly of Sidney A. Wood and Judith I. Wood and from the point of beginning thus established running S. 36 degrees 30'E 216.6 feet to a pipe located in the center line of a ditch, thence turning and running along the center line of said ditch S. 49 degrees 54'W 175.34 feet to a pipe located in said ditch;thence turning and running North 36 degrees 30'W 223.7 feet to a pipe located in the southern line of the right of way of Princess Anne Road; thence turning and running along the southern line of the right of way of Princess Anne Road along the arc of a curve to the right, the chord of which bears No. 51 degrees 11'E and is of a length of 175.04 feet to a pipe, to point of beginning. IT BEING the same property conveyed to Lewis R. Mikesell and Michele T. Mikesell, Husband and Wife, by deed from Sidney A. Wood and Judith I. Wood, Husband and Wife, said Deed dated May 26, 1995 and recorded May 30, 1995 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3500, at Page 1761. 147080677vI Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Items # 2 & 3 Princess Anne Village, LLC (Applicant) Princess Anne Village, LLC, City of Virginia Beach (Property Owners) Conditional Rezoning (AG-2 Agricultural District to PD-H2 Planned Unit Development (R- 10 Residential District)) Modification of Proffers Addresses: 2369, 2373, 2375, 2377, 2381, 2385 Princess Anne Road & 2393, 2401, 2413 North Landing Road, parcel between 2393 North Landing Rod & 2385 Princess Anne Road RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: The next items are items number two and three Princess Anne Village, LLC. Mr. Nutter: Thank you, Mr. Horsley it's a pleasure to be here. My name is R. J. Nutter and represent the applicant. We appreciate being on the consent agenda and thank you for your that opportunity, happy to answer any questions but thank you again for being on this agenda. Thank you. Mr. Horsley: Thank you, Mr. Nutter. Is there any opposition? Hearing none, we have asked Mr. Michael Clemons to read this into the record. Mr. Clemons: Thank you very much. The applicant seeks to rezone the 0.88-acre parcel located at 2377 Princess Anne Road from AG-2 Agricultural District to Conditional PD-H2 Planned Unit District, and to amend proffers associated with the Conditional Rezoning approved by City Council on January 18th, 2022. The 2022 proffered conceptual plan depicts 89 dwelling units, which includes 73 lots, 16 garage apartments, and one commercial parcel, which will result in an overall density of 2.45 units per acre and with the incorporation of this new lot, 93 units are proposed, again 77 lots and 16 garage apartment and one commercial parcel. Now, while the conceptual plan has changed slightly with the additional lot in keeping with the previous plan, each dwelling is proposed to be rear- loading and accessed by one way by one way alley. Five open spaces that were depicted on the previous plan will remain and be available to residents. The parcel that's to be incorporated into this development is located within the courthouse, historic and cultural district overlay. As such, the applicant of course, appeared before the Historical Review Board and they received the Certificate of Appropriateness to demolish the existing structure to be replaced with the new one. I kind of lost my place here. The request to rezone 2377 Princess Anne Road and the Modification of Proffers to incorporate this parcel into the Princess Anne Village development are acceptable. The proposed neo- traditional residential community meets the recommendations of the Comprehensive Plan by providing a variety of dwelling styles that are compatible with the surrounding area. Given no apparent opposition that we are aware of, this item was placed on the consent agenda. Mr. Horsley: Thank you, Mr. Clemons. Mr. Horsley: Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE PROFFERS FOR CONDITIONAL REZONING The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property when developed shall be incorporated into the adjacent development known as Princess Anne Village and shall be subject to the Proffers for Princess Anne Village as approved and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in 2023, and as may be amended. 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. PROFFERS FOR MODIFICATION OF PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the Princess Anne Village Residential Development Criteria dated February 27, 2023 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. Proffer 2: When developed, the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled a "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated January 31, 2023, (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: When developed, the number of single family residential homes located on the Property shall not exceed a total of 77 homes and 16 Garage Apartments. Proffer 4: Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. Proffer 5: When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free standing sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 6: When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021, a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 7: When developed, there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. Proffer 8: When developed, a linear open space area along Princess Anne Road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 9: When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. Proffer 10: When developed, the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 3-page exhibit entitled "Thoroughfare Types" dated January 31, 2023, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFERS RELATING TO THE CONDITIONAL B-2 PORTION OF PRINCESS ANNE VILLAGE TO REMAIN: Proffer 11: Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. Proffer 12: When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. Proffer 13: The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. Proffer 14: Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. Proffer 15: Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. Proffer 16: All references hereinabove to zoning districts and to applicable regulations refer to the Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by Grantee. 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. PREVIOUS PROFFERS FROM 2022 AGREEMENT The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the lot dimensions, setbacks, height and other development criteria set forth in the City Zoning Ordinance shall be as set out in the attached exhibit entitled Princess Anne Village Residential Development Criteria dated August 25, 2021 (the "Development Criteria"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Development Criteria shall be in lieu of all corresponding criteria in the Virginia Beach Zoning Ordinance applicable to the R-10 zoning district. Proffer 2: When developed, the project shall be developed in substantial conformity with the conceptual site plan consisting of 3 pages entitled "Conceptual Site Plan with Context", "Conceptual Site Plan" and "Program and Parking" dated May 28th, 2021, (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: When developed, the number of single family residential homes located on the Property shall not exceed a total of 73 homes and 16 Garage Apartments. Proffer 4: Residential structures constructed on the Property shall be in substantial conformity with the conceptual architectural renderings consisting of 2 pages entitled Home Styles, Princess Anne Village, "Elevations", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and which have been approved by the Virginia Beach Historical Review Board on July 18, 2018. Proffer 5: When developed, access to the Property from North Landing Road shall be landscaped and contain a monument-styled free standing sign substantially as shown on exhibit entitled "Monument Sign", a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 6: When developed the entrance open space areas shall be in substantial conformity with the elevation entitled "Entrance Way" dated June 4, 2021, a copy of which has been exhibited a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 7: When developed, there should be a pedestrian trail system on the Property and that will connect to the adjacent City trail system as shown on the concept plan. Proffer 8: When developed, a linear open space area along Princess Anne Road within the residential zones will be subdivided as shown on the elevation site plan entitled "Linear Open Space", dated June 4th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file unless modified by the Virginia Beach Historical Review Board with the Virginia Beach Department of Planning. Proffer 9: When developed, the Applicant will construct turn lanes at the vehicular entrance to Princess Anne Village substantially as shown on the Concept Plan. Proffer 10: When developed, the street widths, curb heights, centerline radii, rear lane, rear alley street signage and trail widths shall be developed in substantial conformity with the 3 page exhibit entitled "Thoroughfare Types" dated May 28th, 2021, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFERS RELATING TO THE CONDITIONAL B-2 PORTION OF PRINCESS ANNE VILLAGE: Proffer 11: Vehicular access to the portion of the Property zoned Conditional B-2 shall be from the road system within Princess Anne Village and not directly from the North Landing Road. Proffer 12: When developed, only the following uses shall be permitted on the Property zoned Conditional B-2: Restaurants with no drive-through, office, and retail. Proffer 13: The height of any principal structure on the Property zoned Conditional B-2 shall not exceed 45 feet. The exterior design and building materials shall be complimentary to the building materials and architectural designs of the homes in Princess Anne Village and shall be subject to approval by the Virginia Beach Historic Review Board. Proffer 14: Any freestanding sign on the portion of the Property zoned Conditional B-2 shall be a monument style sign, externally lit, and shall not exceed 8 feet in height. The final design and building materials of any freestanding sign shall be subject to approval of the Virginia Beach Historic Board. Proffer 15: Further conditions lawfully imposed by applicable development ordinances may be required by Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. 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RESIDENTIAL t6 �- _ t q 1 14 is 'I l \ Large Single-family 19 _ Fi1 4 4 l 13• ( ` � �I Ilf = Medium Smgle-family 45 �I-9 10Illii, $ i ��. _ r- Cottage 13 t � � ! IACV��,, �-�iY�/ _ r _ .r'` Tow 77 o I ! ' I. .4q..-.3raltaiii �� Imli - Parking Rrquired �f 4 . li�,a' 1 1� .,i -./�!'i \� 118A�1®i �.r.-- t lot I $ 2 spaces perI S4 :1/-' (w�l1l llnn __..��ri��W ____ -r. ----- — ' Total 154 I I MA r'>= -� �. IIL, -.^'r��\ gyp/ \ Parking Provided 5 ti •I 1/II j ..iTc 1 . / \� 17� On lots 154 r - - I ■ `' It /� Ahl On-street 65 c I II li�w= 11 'A� ��\. Total 219 I' , ' • II I:r�1�r_ III,, \� t1t�! r Difference +65 1, d J' Q •I1 �_ EY l��l t f :D Milliinir 1 "'111 I - '- :• .NIIf� l I!, J �.1 It Ii 'II 1 ��I d��s ry . " , II 11J11II: ' @/ri/i.'11�'�._ �` \,; 0 ® - ` I •/ 4 II■Il�a �r �_:= -1\ � �,'; a� - -! - - /-� n' 60' 120 240' 1 This ars dve plaids subject o n L:,I ons , \I� \, �\ ,•ii0 MICHAEL WATKINS ARCHITECT,I.I.0 Princess Anne Village January 31,z1123 Program & Parking ,�� s A"ti N-J yy .. E :AI 7► 1 3 v r;;Gci/A/,�' A&16,, I n s F L L d Ili awk,%.,, -,,f, id,, _ ea bc s., J.� iiii i i 1t 1 I di r. r y a N $ 00 ` ME J till , „7., ..t. 4.2 0,:. Z v O u L O Y 14 ,, 1 I. I_ I r•t • 1 t s Ir tll E��: B F. h. 11„_. t ` >f I,, _�i. 1 i ,I .2?k_l G w y 3 'i:, .;h,. 1. /;. 11 i Iell 1N� ;ia.G d y F` m a y tJ - O y 1.,`t_( • - /1 AMA1 .1 1 �{'�i'•1 C y 'O V C U y 'T '\. mg, t- ,raw'4 OM,....1 A Ill, g IL . -f� .. iA ;, ''. Ij o`. ' l X P C a E - E ,9 3 ,, ` ti" �l F Q i l' -, � O N n u c R w ct � o ; u Z ez o _ C- ( TETfl O V1v, i7 F 4 N a ' • a ... ... ... .... -� N > ''' C S P N u 0 ; E.. 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I I I ` J ' EEiI _, .� . s...` — --.......-1. - ��.+� 1 v 1 i �' '1, ,'{ �a� �.' �1 i \I 1 . ;4 I I � -Thoroughfare Type • 't I I FL Fire Access Lane 1 1 PT Path ;I I I I RA Rear Alley I I ST Street I TR Trail I4,Is' I 21' i 5'f I 10' Asphalt,or Right-of-Way I a' I Concrete Width Width as shown [Pavement Width PT-V-5 smossim BP- 10 8 �� F L-2 1-5 PT - V - 5A X X-#-# Path Bike Path Fire Access Lan Thoroughfare Type e Sidewalk Along Princess Anne Road T3,T4 T1,T2,T3 T3,T4,T5 Transect Zone Private 20'SecondaryTrailEasement•"' O'ROW R/W Sidewalk Right-of-way or Easement Width 5'min. 10 Asphalt or 8'Concrete 8'Grasspave+5'Pavement+8'Grasspave Public Access Pavement Width N/A Pedestrian Fire Equipment only lots Easement P A• Movement N/A N/A N/A e 4 / Road Tiaffic Lanes N/A N/A No Parking making Lanes N/A N/A N/A 10'min- 5' Pavement/Curb N/A N/A N/A Curb Type Vaires Varies N/A PlanterType(includes 6"Curb if any) Trees,ground cover,shrubs,lawn Trees&Shrubs(min.of 1 Tree per 35 linear feet) N/A Park Landscape Type N/A ADA Asphalt or Concrete Trail 5'Sidewalk Walkway Type *Notes:path may accomodate vehicu- N/A "'Notes:Proposed 5'public access easement only applies to the sidewalk adjacent to Notes lar access when necessary to connect Princess Anne Road.Sidewalk may meander where necessary to preserve select adjacent alley with street. high-quality trees. MICHAEL WATICINS ARCHITECT,LLC Princess Anne Village January 31,2023 Thoroughfare Types 5 Rev.4.4.23 CUE! NV / tri / 1/ /I /7 -O- 0 o co a al 4,z02 / 0 IX a, o o� _ in 0 0 M 4a / \\\\ 9; i Q 0. N c N ctS 0 a) a 0 a_ 1 t o a c a) o 'c co cn 0- N m �.,-.., fL (V g! � JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMIR YAHYA RAZI [Applicant & Property Owner] Conditional Change of Zoning (AG-2 Agricultural to Conditional B-2 Community Business) Conditional Use Permit(Automobile Repair Garage)for the property located between 2989 & 3005 Holland Road (GPIN 149523525). COUNCIL DISTRICT 2, formerly Princess Anne MEETING DATE: May 16, 2023 ■ Background: The applicant is requesting to rezone a property between 2989 and 3005 Holland Road from AG-2 Agricultural to Conditional B-2 Community Business and a Conditional Use Permit in order to develop and operate an Automobile Repair Garage. The applicant plans to construct a 7,050 square-foot facility that will be split between use as an Automobile Repair Garage and retail space. The building will be clad with neutral colored EIFS and red brick. 24 parking spaces will be provided on site, which meets the parking requirements for both uses. Wall signs and a monument-style sign will be installed. To buffer adjacent parcels, existing mature vegetation at the rear of the site will be retained and two, 15-foot landscape buffers will be installed along the eastern and western property lines This property is located in the greater than 75 dB DNL noise level of the AICUZ, the APZ-2, and the Southern Rivers Watershed. • Considerations: The applicant's development proposal is consistent with the character of recent developments in this corridor of Holland Road. Zoning in this stretch of Holland Road has been transitioning from Agricultural zoning classifications to B-2 Community Business, a shift that is supported by recommendations in the Comprehensive Plan. Additionally, three recently approved Automobile Repair Garages are located just north from this property on Holland Road. The use is compatible with the corridor, as well as use regulations in the high noise zone and APZ-2 of the AICUZ. With the Conditional Rezoning request, the applicant is proffering a list of prohibited uses that are considered incompatible with the APZ-2 and high noise zone, as well as a preliminary stormwater analysis, concept site layout, concept landscaping plan, and building plans. The proffers and recommended conditions will ensure future development of the site remains compatible with goals of the Amir Yahya Razi Page 2 of 4 AICUZ and Comprehensive Plan. The property is buffered from nearby residential uses and the development is anticipated to have no negative impact on traffic. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There was one speaker in opposition of the request at the Planning Commission public hearing. The speaker noted concerns related to traffic, number of similar uses in the vicinity, loss of wildlife habitat, and concerns for stormwater runoff onto her property. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. Proffers: Proffer 1: The Property shall be developed in substantial conformity with the conceptual site plan entitled "Cogent Center Preliminary Development Plan, Virginia Beach, Virginia", prepared by AES Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). Proffer 2: The architectural design and building materials of the building built on the Property shall be substantially compatible with the architectural design and building materials depicted on the building elevation plan entitled "Cogent Center, Virginia Beach, Virginia", dated November 1, 2022, prepared by CL Pincus Jr. & Co., which has been exhibited to City Council and is on file with the Planning Department. Proffer 3: The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is on file with the Planning Department. Proffer 4: The following uses otherwise permitted by right or permitted with a conditional use permit in the B-2 Community Business District shall be prohibited: (i) animal hospitals and veterinary establishments, pounds, shelters, commercial kennels; (ii) assembly uses; (iii) bars, nightclubs, wine tasting rooms and eating and drinking establishments (as principle or accessory uses); (iv) business and vocational schools; (v) colleges and universities; (vi) child-care education centers; (vii) hospitals and sanitariums; (viii) medical and dental offices and clinics; (ix) open air markets; (x) outdoor cafes; (xi) outdoor plazas; (xii) riding academies; (xiii) Amir Yahya Razi Page 3 of 4 recreational campgrounds; and (xiv) recreational and amusement facilities of an outdoor nature; provided, however, recreational and amusement facilities, which are partially or temporarily enclosed on a seasonal basis may be permitted with approval of City Council, with sufficient safeguards to preserve and protect the existing character of adjacent properties. Proffer 5: All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 6: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis provided by AES Consulting Engineers dated October 27, 2022 and shall utilize the same basis of design. Proffer 7: All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 8: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Conditional Use Permit Conditions: 1. All automobile repairs must take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted, including tires. 3. The development of the site shall substantially conform to the site layout entitled Cogent Center Preliminary Development Plan, Virginia Beach, Virginia", prepared by AES Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"). 4. The site shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is on file with the Planning Department. The street frontage screening, interior parking lot coverage and foundation screening shall meet or exceed the minimum requirements of the City's Zoning Ordinance. A landscape plan shall be submitted during site plan review for review and approval. Amir Yahya Razi Page 4 of 4 5. The architectural design and materials of the building shall be substantially compatible with the architectural design and building materials depicted on the building elevation plan entitled "Cogent Center, Virginia Beach, Virginia", dated November 7, 2022, prepared by CL Pincus Jr. & Co., which has been exhibited to City Council and is on file with the Planning Department. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. The freestanding monument sign to be erected on the Property as designated on the Site Plan shall not exceed a height of eight feet (8') and shall be constructed with materials compatible to the proposed building. 8. The freestanding monument sign referenced in Condition 7 shall be landscaped per the landscape and screening requirements in the Zoning Ordinance. 9. A photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department iLA ) City Manager: Applicant & Property Owner Amir Yahya Razi Agenda Items Planning Commission Public Hearing April 12, 2023 5 & 6 City Council District 2,formerly Princess Anne City of Virginia Beach Requests #5 -Conditional Rezoning (AG-2 Agricultural to Conditional B-2 Community Business) #6 -Conditional Use Permit (Automobile Repair Garage) Staff Recommendation Approval —'44111160101y- Staff Planner '4aa Elizabeth Nowak '�a; '�1, 0° FiPn Location ° Parcel on Holland Road, between 2989& 3005 a,�a a,• Y �aS sk h'ay „6''7'O Holland Road c` r GPIN >// ` ( ¢°'• 1495235225 � '�, ,.•�Q�» Site Size ' � . • 1 ,„ost-00-wr► 39,611 square feet AICUZ Greater than 75 dB DNL; APZ-2 Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped/AG-2 Agricultural •' 0a ''.1 .,K • °'4„o. 4_ 4. „IL Surrounding Land Uses and Zoning Districts , s ' �ari: f North Holland Road • � i; .'" •- Single-family dwelling, retail/Conditional I-1 ' i �x -i` A .;*-: Light Industrial, Conditional B-2 Community r Business South `` Single-family dwellings, undeveloped parcel/ R- ' - r. 5D Residential, AG-2 Agricultural ! _ East Single-family dwelling, religious use/AG-2 Agricultural West Single-family dwelling, bulk storage yard/AG-2 Agricultural Amir Yahya Razi Agenda Items 5 & 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Rezoning of an undeveloped 39,611 square-foot property on Holland Road from AG-2 Agricultural District to Conditional B-2 Community Business District. The applicant is also requesting a Conditional Use Permit to develop and operate an Automobile Repair Garage on the property. • This corridor of Holland Road falls within the greater than 75 dB DNL noise zone of the Air Installation Compatibility Use Zone (AICUZ) and is within the Accident Potential Zone-2 (APZ-2).This site is also located in the Southern Rivers Watershed. • The applicant proposes to construct a 7,050 square-foot building and will dedicate half of the building(3,525 square feet)for use as an Automobile Repair Garage.The other half of the building (3,525 square feet) will be a related retail use. The Automobile Repair Garage will be located in the rear half of the building and the retail space will front Holland Road.This is illustrated in the concept site plan included on page eight of this report. • The proposed retail/repair garage building will be rectangular with overhead garage doors at the rear.Aluminum storefront systems will provide customer access to the building and similar aluminum windows are proposed along the north and south elevations. Exterior cladding material will be a mix of red brick and EIFS in a neutral, tan tone. • 24 parking spaces, including two ADA accessible spaces, will be provided. Four spaces are required for the proposed Automobile Repair Garage, according to Section 203(b)(16), and 14 spaces are required for the retail area per Section 203(b)(29),thereby exceeding the parking requirement for this site by six spaces. • Elevations submitted by the applicant depict proposed building signs on the south elevation and a monument sign is proposed near the northeast corner of the parcel along Holland Road. • The building will be clad with red brick veneer and neutral-colored EFTS. Green awnings will cover aluminum storefront systems and will provide some visual relief to the elevations. Overhead garage doors will be located on the north and south elevations in the rear half of the building. • A bioretention BMP is proposed parallel to Holland Road as part of the stormwater management plan for the development. • As part of the Conditional Rezoning application,the applicant is proffering the proposed site layout, concept landscape plan, building elevations, lighting, signage, and a list of prohibited uses consistent with the incompatible land use list identified in the AICUZ use table found in Article 18 of the City's Zoning Ordinance. • The proposed hours of operation for the auto repair service will be between 8:00 a.m. and 6:00 p.m., Monday through Saturday. While the applicant intends to employ four employees initially, that number is expected to increase to up to 10 employees in the future.The proposed hours of operation for retail are currently planned to be between 9:00 a.m. and 9:00 p.m. daily; however, depending on the retail tenant,the closing time may be earlier. Amir Yahya Razi Agenda Items 5 & 6 Page 2 ( Zoning History ti # Request 5+\ Approved 01/22/2013 2°� �q -. 1 CRZ(AG-2 to Conditional B-2) pp 2 MDP Approved 10/09/2012 CUP(Bulk Storage Yard)Approved 01/12/1999 CRZ(AG-2 to Conditional I-1)Approved 01/12/1999 3 CRZ(AG-2 to Conditional 0-1)Approved 03/11/2008 4 MDC Approved 10/23/2007 CUP(Religious Use)Approved 06/10/1997 CUP(Religious Use)Approved 04/11/1995 / O CUP(Religious Use)Approved 05/12/1992 4 5 MDP Approved 02/12/2002 o CUP(Building Contractor's Yard)Approved 01/09/2001 �P m CRZ(AG-1&AG-2 to Conditional I-1)Approved 01/09/2001 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 requests for a Conditional Rezoning to B-2 Community Business District and a Conditional Use Permit for Automobile Repair Garage are, in Staff's opinion, acceptable. While this general area of the city is recommended as a Suburban Focus Area in the Comprehensive Plan,the site's location in the highest noise zone of the AICUZ and the APZ-2 limits uses and development that might otherwise be encouraged. Given the incompatibility of residential uses and most uses that gather people in one place (such as restaurants, hospitals, etc.),this site is ideal for neighborhood service oriented development, such as the proposed Automobile Repair Garage and associated retail. The use will provide a needed service for nearby residents and is compatible with other automobile service and repair businesses in the immediate area.The proposed building plans will use quality materials and the design, color, and scale are compatible with planned and existing developments along this section of Holland Road. During review of these applications, it was discovered that this lot was not properly platted, and Condition 10 is recommended to rectify this oversight. The existing parcel exceeds the required dimensional standards for the proposed B-2 Community Business District. Proffers from the applicant, listed below, will ensure the site is developed as proposed. The applicant also has included a proffer that would exclude certain by-right uses in the B-2 Community Business zoning district that are identified in Article 18 of the Zoning Ordinance as being incompatible with the high noise zone and APZ-2, ensuring that any future redevelopment remains consistent with the City's joint goals with the Navy for compatible development in sensitive areas. The proposed building and site design are consistent with the scale, material quality, and overall character of development on Holland Road.The proposed bioretention area and associated plantings will soften the site as viewed from the street. Hedge shrubs proposed along the north and south property lines will help provide a visual buffer from adjacent properties. Sufficient street frontage, parking lot, and dumpster enclosure plantings are shown on the submitted concept landscape plan. Staff notes that there is an existing neighborhood to the rear of this site. The subject parcel; however, does not immediately abut any of these properties. A sliver of an irregularly shaped AG-2 Agriculture parcel lies between the rear parcel line of the subject site and the rear parcel lines of nearby residential properties. Between the proposed 15-foot rear yard,the proposed drive aisle, and the interceding AG-2 property,the rear wall of the proposed Automobile Repair Amir Yahya Razi Agenda Items 5 &6 Page 3 Garage will be more than 75 feet from the closest rear residential property line. Given the overall distance between the service and residential uses,the retention of some of the mature vegetation at the rear of the parcel, and the intervening property,Staff has minimal concern about this development negatively affecting the residential area to the south. A traffic analysis conducted by Staff indicates that there will be no adverse impact on traffic with this proposed development. Per the Zoning Ordinance, 18 parking spaces are required for the 3,025 square feet of Automobile Repair Garage and the 3,025 square feet of retail space. A total of 24 spaces are provided in the concept layout, which satisfies this requirement. As recommended by Staff,the applicant has submitted a preliminary stormwater analysis to the Development Services Center (DSC) outlining their proposed stormwater strategy for this site.The DSC has reviewed the preliminary stormwater analysis and based on their findings, is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for this site. Upstream and downstream impacts will be more closely reviewed during site plan review for this project to ensure that negative impacts will not occur upstream and downstream as a result of this development. More detailed information can be found in the Stormwater Impacts section of this report. Given these reasons, Staff is recommending approval of the request for a Conditional Rezoning to B-2 Community Business and for a Conditional Use Permit for an Automobile Repair Garage subject to the proffers and conditions provided below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall be developed in substantial conformity with the conceptual site plan entitled "Cogent Center Preliminary Development Plan,Virginia Beach,Virginia", prepared by AES Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). Proffer 2: The architectural design and building materials of the building built on the Property shall be substantially compatible with the architectural design and building materials depicted on the building elevation plan entitled "Cogent Center, Virginia Beach,Virginia", dated November 1, 2022, prepared by CL Pincus Jr. &Co., which has been exhibited to City Council and is on file with the Planning Department. Proffer 3: The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is on file with the Planning Department. Proffer 4: The following uses otherwise permitted by right or permitted with a conditional use permit in the B-2 Community Business District shall be prohibited: (i) animal hospitals and veterinary establishments, pounds, shelters, commercial Amir Yahya Razi Agenda Items 5 &6 Page 4 kennels; (ii) assembly uses; (iii) bars, nightclubs,wine tasting rooms and eating and drinking establishments (as principle or accessory uses); (iv) business and vocational schools; (v) colleges and universities; (vi) child-care education centers; (vii) hospitals and sanitariums; (viii) medical and dental offices and clinics; (ix) open air markets; (x)outdoor cafes; (xi) outdoor plazas; (xii) riding academies; (xiii) recreational campgrounds; and (xiv) recreational and amusement facilities of an outdoor nature; provided, however, recreational and amusement facilities,which are partially or temporarily enclosed on a seasonal basis may be permitted with approval of City Council,with sufficient safeguards to preserve and protect the existing character of adjacent properties. Proffer 5: All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the preliminary stormwater analysis provided by AES Consulting Engineers dated October 27, 2022 and shall utilize the same basis of design. Proffer 7: All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 8: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions for Conditional Use Permit 1. All automobile repairs must take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted, including tires. 3. The development of the site shall substantially conform to the site layout entitled Cogent Center Preliminary Development Plan,Virginia Beach,Virginia", prepared by AES Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"). 4. The site shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Cogent Center Conceptual Landscape Plan,Virginia Beach, Virginia" prepared by AES Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is on file with the Planning Department.The street frontage screening, interior parking lot coverage and foundation screening shall meet or exceed the minimum requirements of the City's Zoning Ordinance.A landscape plan shall be submitted during site plan review for review and approval. 5. The architectural design and materials of the building shall be substantially compatible with the architectural design and building materials depicted on the building elevation plan entitled "Cogent Center,Virginia Beach, Virginia", dated November 7, 2022, prepared by CL Pincus Jr. & Co.,which has been exhibited to City Council and is on file with the Planning Department. Amir Yahya Razi Agenda Items 5 & 6 Page 5 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. The freestanding monument sign to be erected on the Property as designated on the Site Plan shall not exceed a height of eight feet (8') and shall be constructed with materials compatible to the proposed building. 8. The freestanding monument sign referenced in Condition 7 shall be landscaped per the landscape and screening requirements in the Zoning Ordinance. 9. A photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located in the Suburban Area of the city. One of the guiding development principles of the Suburban Area is the creation and maintenance of"Great Neighborhoods,"which are stable and sustainable, and supported by complementary non-residential uses. Preserving neighborhood quality and characteristics requires non- residential uses to maintain or enhance the existing characteristics of surrounding residential areas. The use is compatible with AICUZ regulations, and a service business in the vicinity of a suburban residential area is compatible with the vision of the Comprehensive Plan. The proposed development should pay special consideration to the potential noise, sight, and safety impacts on the nearby residential districts, and use appropriate mitigation strategies, like landscape buffering,to maintain the stability and quality of these neighborhoods. Furthermore, special attention should be paid to the preservation of existing natural characteristics on the stie and the appropriateness of the proposed buildings' massing and scale to its surroundings. Specifically,the Special Area Development Guidelines for the Suburban Area suggest the entrances and driveways provide a change in paving material where they intersect the sidewalk,to make the driver aware of the pedestrian crossing, and within reason,the guidelines call for existing trees and groundcover to be preserved and integrated into the overall design of the development. Clearing on the site should be confined to the absolute minimum to accommodate signage, driveways, and utilities. 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.The applicant has provided a preliminary stormwater analysis for their proposal, which is discussed below. There are no historical or cultural resources present on this site. Amir Yahya Razi Agenda Items 5 & 6 Page 6 Stormwater Impacts Project Stormwater Design Staff Summary This project consists of the construction of an auto repair facility. In addition to the building, this project will include associated parking areas and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows towards the front and rear of the property. Stormwater runoff from the proposed buildings and surface parking lot will be collected into a combined above ground detention basin and underground storage facility that will treat for water quantity before discharging into the existing public storm sewer system in Holland Road. The project involves less than 1 acre of land disturbance, and as such, does not require compliance with water quality pollutant load reduction requirements. Based on the information provided by AES in the Preliminary Stormwater Analysis,the DSC 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 calculations 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. More detailed project stormwater information is listed below. Project Information Total project area: 0.92 acres Pre-Development impervious area:0.00 Acres Post-Development impervious area:0.56 Acres Does the analysis utilize the City of Virginia Beach Master Drainage Model: No Does the analysis incorporate into design updated rainfall amounts (NOAA plus 20%) and account for 1.5'SLR:Yes Stormwater Management Facility Design Information Type of facility proposed:Above Ground Detention Basin with Underground Storage Facility Total storage volume provided in proposed stormwater management facilities: 12,523 cf Description of outfall: Stormwater runoff from the site that enters the Stormwater Management Facility will discharge directly into the existing storm sewer system in Holland Road. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains through the public storm sewer system into West Neck Creek, through the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Stormwater Quality Compliance Design Information Pounds of phosphorus removal per year(Ib/yr) required:0 lb/yr Method of treatment proposed: N/A Stormwater Quantity Compliance Design Information 2-year storm peak flow rate comparison: Pre-development= 1.37cfs/Post-development =0.79cfs. 10-year storm peak flow rate comparison: Pre-development= 2.80cfs/ Post-development= 1.45cfs. 100-year storm peak flow rate comparison: Pre-development = 5.68cfs/ Post-development=4.54cfs. Amir Yahya Razi Agenda Items 5 &6 Page 7 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 18,2601 31,100 ADT 1 LOS 4"D„ Existing Land Use Z—10 ADT Proposed Land Use 3—117 ADT 'Average Daily Trips 2 as defined by a.94 acre parcel 3 as defined by a 7,050 square-foot 4 LOS=Level of Service zoned AG-2 auto service center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road in the vicinity of this application is a four-lane minor urban arterial.There are no projects to widen this portion of Holland Road in the current CIP. Public Utility Impacts Water City water is available via an existing 16-inch City water main along Holland Road. Sewer City sanitary sewer is available via an existing eight-inch City sanitary sewer force main along Holland Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice signs were placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • 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/BookmarkedARenda.pdf on May 12, 2023. 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Amir Yahya Razi Agenda Items 5 & 6 Page 12 Site Context Photos 41%, w .� . , r w 0 * `�/ k 4 ! • :h • _ ....-":4(:::::k.N_ _ 41=schig..____° t s ue_ -6, - -- ♦! - -� - - - - a.'..rrs..r - -_ i ,. c• y,,: �5_ *j ,., sate`,-, Ark F it .b •, di It lift 'L� r4 \ ram ~ _ ` }Y•.is P 1, \T S #, ,..7.._,• I y , �' �� w IT g 1,T - �r z . �!-�"1++� . fit {T M. jTT ,r - __ c, ... - F i .. vilt . • Amir Yahya Razi Agenda Items 5 & 6 Page 13 Disclosure Statement Disclosure Statement \hrki Planning&Commune- 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 Amir Yahya Razi Does the applicant have a representative? .W Yes ❑No • If yes,list the name of the representative. Lisa M.Murphy,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ! No • If yes,list the names of all officers,directors,members,trustees,etc.be ow. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there we 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 ertities." See State and Loca'Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.69.020 1 I '• r Amir Yahya Razi Agenda Items 5 & 6 Page 14 Disclosure Statement Disclosure Statement \B Planning&Community Development ___ _ Y Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest'n 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 LW 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? li Yes ❑ No • If yes,Identify the company and individual providing the service. Cheyney Cole/S.L.Nusbaum Realty Co. 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 li 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?Id Yes 0 No • If yes,identify the firm and individual providing the service. Stephen Pincus&David Brown/CL Pincus Jr.&Co.&Larry Barry&Jason Seas/AES Consulting Engineers 5. Is there any other pending or proposed purchaser of the subject property?1 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. The Owner plans to transfer the property to a not-yet-formed wholly-owned limited,.lability company prior to development. Revised 11.09.?620 2 1 P a g e Amir Yahya Razi Agenda Items 5 & 6 Page 15 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?NI Yes ❑No • If yes,identify the company and individual providing the service. Stephen Pincus&David Brown/CL Pincus Jr.&Co. 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. Larry Barry&Jason Seas/AES Consulting 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. Lisa M.Murphy,Esq./Willcox&Savage,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understard 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 pody or committee in connection with this application. • v' Applicant Signature Amir Yahya Razi Print Name and Title September 1,2022 Date Is the applicant also the owner of the subject property? I Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(21 weeks prior to any Planning Commission and City Council meeting that pertains to the applications j ® No haw,as Date 05/01/2023 �aZ%/ 9 GVr Prin Nal" Elebeth Nowak teed11.09.2020 3IPage Amir Yahya Razi Agenda Items 5 & 6 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. Amir Yahya Razi Agenda Items 5 & 6 Page 17 AMIR YAHYA RAZI TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between AMIR YAHYA RAZI ("GRANTOR"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner of that certain approximately 0.924 acre parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN: 1495-23-5225-0000, located along Holland Road, more particularly described in Exhibit A, attached hereto, and incorporated herein by reference ("Property"); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from AG-2 Agricultural District to Conditional B-2 Community Business District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. GPIN: 1495-23-5225-0000 Prepared by: Lisa M.Murphy,Esquire(VSB#39111) Willcox& Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 I-1926913.6 NOW, THEREFORE,the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning, site plan,building permit, or subdivision approval,hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled"Cogent Center Preliminary Development Plan, Virginia Beach, Virginia",prepared by AES Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). 2. The architectural design and building materials of the building built on the Property shall be substantially compatible with the architectural design and building materials depicted on the building elevation plan entitled"Cogent Center,Virginia Beach, Virginia", dated November 1,2022,prepared by CL Pincus Jr. &Co., which has been exhibited to City Council and is on file with the Planning Department. 3. The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled"Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia"prepared by AES Consulting Engineers dated February 23,2023, which has been exhibited to City Council and is on file with the Planning Department. 4. The following uses otherwise permitted by right or permitted with a conditional use permit in the B-2 Community Business District shall be prohibited: (i) animal hospitals and veterinary establishments,pounds, shelters, commercial kennels; (ii) assembly uses; (iii)bars, nightclubs, wine tasting rooms and eating and drinking establishments(as principle or accessory uses); (iv)business and vocational schools; (v) colleges and universities; (vi) child-care education centers; (vii)hospitals and sanitariums; (viii)medical and dental offices and clinics; (ix)open air markets; (x) outdoor cafes; (xi) outdoor plazas; (xii)riding academies; (xiii)recreational campgrounds; and(xiv)recreational and amusement facilities of an outdoor nature; provided,however,recreational and amusement facilities,which are partially or temporarily enclosed on a seasonal basis may be permitted with approval of City Council, with sufficient safeguards to preserve and protect the existing character of adjacent properties. 5. All onsite signage shall meet the requirements of the City Zoning Ordinance,unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will 2 I-1926913.6 be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. 6. The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis provided by AES Consulting Engineers dated October 27,2022 and shall utilize the same basis of design. 7. All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 8. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the B-2 Community Business District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia("Clerk's Office") and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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; 3 I-1926913.6 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 I-1926913.6 WITNESS the following signature and seal. GRANTOR: „04,6 (SEAL) AMIR YAHYA RAZI COMMONWEALTH OF VIRGINIA CITY OF L) to wit: The foregoing instrument was acknowledged before me this l day of September 2022, by Amir Yahya Razi, who is personally known to me or has produced identification. [SEAL] o ry Public Registration No: ^15-393i 1p ws ,,,•�`�o��. •'••��oJ My Commission G) 5s s\o\r' 63 • 6 �• ��1ypN • &38-13`TA [Signature Page to Proffered Covenants, Restrictions and Conditions] I-1926913.1 Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Property ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as follows: BEGINNING at a point in the Southern line of Holland Road, formerly Holland Swamp Road, which point is 179.4 feet Westerly from the intersection of the Western line of the property hereinabove described with said line of said road and running thence South North 45° 21' West along said road 152.0 feet to an iron pin at the intersection of said road with Easterly boundary of property of Leroy Lamb; thence 45° 19' West, 283.8 feet along the Western boundary of land of a former grantor to the point of beginning, containing 1.0 acre. LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia by instrument dated December 16, 2008 and recorded in the aforesaid Clerk's Office April 27, 2009 in Instrument Number 200904727000453260. A-1 Error!Unknown document property name. Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Items # 5-6 Amir Yahya Razi (Applicant & Property Owner) Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business District) Conditional Use Permit (Automobile Repair Garage) Address: Parcel on Holland Road, between 2989 & 3005 Holland Road RECOMMENDED FOR APPROVAL— HEARD Mr. Alcaraz: Our next agenda items are number five and six, Amir Yahya Razi. They are applications for a Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business District), and a Conditional Use Permit (Automobile Repair Garage) on a parcel on Holland Road between 2989 and 3005 Holland Road in Council District Two. Would the applicant or the applicant's representative, please step to the podium. Mr. Alcaraz: Hi, can you state your name, please? Ms. Murphy: Sure. For the record, my name is Lisa Murphy, local zoning attorney. Good afternoon Chairman, Vice Chairman, members of Planning Commission and staff. As I said, my name is Lisa Murphy. I'm here today on behalf of the applicant, Amir Razi, who is also the owner of the property. As your staff report indicates we're requesting a Conditional Rezoning from AG-2 to B-2 Community Business District. And that would be in order to construct a 7,000 square-foot building that will have his automobile repair garage in about half of the building and then the other half of the building would be potential retail tenants and users. As you know, this part of the city in particular is in the highest noise zone, so it's in the APZ-2 zone, and it's also subject to restrictions. So, there's not a whole lot that you can do with this particular property. In addition, as part of the Proffers that Mr. Razi has made for the Conditional Rezoning, we've Proffered away certain other retail uses that would be prohibited in the APZ-2. So again, there are very few retail uses that would be appropriate. The layout includes approximately 24 parking spaces. The building itself would be oriented towards Holland Road, there would be no heavy automobile repair such as body work, engine repair, or painting that would be offered from the facility. As you look at that, the sort of the short side of the building, again, is oriented towards Holland Road. The overhead doors to bring the folks into the repair garage would be on the south side and the north side of the building. So, they'd come in the north and exit the south. The building itself is going to be a mix of red brick veneer and EFIS that's neutral tones. And then you'll have the awnings, the green awnings, sort of overhanging the glass windows and doors to soften the appearance of that. It'll be very similar in appearance to many of the other automotive uses and other uses in that general vicinity. I know there was a concern that there may be too many automobile repair facilities in this particular section of Holland Road, but obviously that's not something that's within your purview, whether or not there are too many of anything. And also given the restrictions, the Navy restrictions on the property and the land in this area, that's why you're seeing a lot of this particular type of use. So, you can't have a restaurant, you can't have certain other types of retail facilities. So, there is a bit of a limitation there. I mentioned the building itself. We've proffered the building elevations. We've proffered the site layout. The applicant and his engineers have spent a tremendous amount of time doing a preliminary stormwater analysis because this is in the Southern Rivers Watershed and as you saw in the staff report, Staff concur that the proposed bioretention facility that would be in the front of the property, there you go, would be able to accommodate sufficiently the stormwater. Because it's under an acre of proposed development, it doesn't trigger the pollutant load calculation. So, it's really just the retention of stormwater that we have to do. Also, as the staff report indicates, placing the stormwater facility in the front of the property and then adding landscaping to the front really softens the appearance that you'll have along Holland Road. At the rear of the property, the closest residential property line is about 75 feet away. The way the property lays out, there's a piece that comes between this property and the residential neighborhood that would be to the west and the south of it. So, there's also a nice buffer of mature vegetation and some wetlands back in that area as well. So, we feel like the layout of the site is appropriate. We've dealt with the stormwater, and we'll continue to work with Staff on that. Staff is recommending approval. We would request that you recommend approval as well, and I'm happy to answer any questions that you have. Mr. Alcaraz: Thank you. Are there any questions? Alright. Thank you. Do we have any speakers? Madam Clerk: Yes sir, we have one speaker signed up via WebEx. Mr. Alcaraz: Alright. Madam Clerk: April Burke, we're going to unmute your audio feed. You have three minutes. Please begin your comments by stating your name. Ms. Burke: I am April Burke and I currently reside at the property next to the unmarked property on Holland Road. I reside at 3005 Holland Road in Virginia Beach. I'm speaking today in opposition to Mr. Razi's application to build on the unnumbered lot next to my residence, located at 3005 Holland Road. There are several reasons for this. My family and I have lived in this residence for the past eight years. We haven't had to worry about anyone to the direct sides of us at all. I have two teenage daughters. We have a pool in the rear of our house as well as we have a detached garage back there. My kids like to hang out there often. My concern is with all this traffic coming in and out, I've seen some endangered species such as butterflies, woodpeckers, and currently, they have started demolishing the lot next to that closest to the church, and it's just taken so many homes away from these animals. Due to the vegetation, the ground is so wet over here, it would take so much for them to get it level as I already know because the house is currently sinking, regardless to do that they would have to push the water one way and it's probably going to end up being my way as it happened when they did the road. I didn't even get a notice about today and I am the direct neighbor. I do know that I have to contact them and get my name on the list. Anyway, we have deers, owls, woodpeckers, foxes, coyotes. We've seen it all. have animals. I don't wanna have to worry about possible riff raff. People coming in and out messing with my property, constant fear of will they dispose of their oil and antifreeze properly. Like I said, I'm in a rent to own process currently, and we've been here eight years, you know, if they are going to be our neighbors, are they gonna install a 12-foot privacy fence? So, I don't have to currently look at the overflow? I'd have to currently, you know, constantly hear the tools and everything like that because my window for my living room is directly where the building is going to be built, not even 10 feet away. And all that in consideration, I just worry about people looking over into my yard when my kids are out there with their friends in today's day and age and that's just some of the reasons why I am opposed to Mr. Razi's application. Mr. Alcaraz: Alright, thank you. Are there any questions? Alright, thank you for calling in. Ms. Murphy, would you like to come up and rebut? Ms. Murphy: Just wanted to address a couple of issues. First with regards to stormwater. So, and I touched on this briefly in my presentation, as the staff report indicates and as your professional stormwater engineers indicate, right now the water is flowing towards Holland Road and to the rear of the property. And that's because this property in its natural state. It hasn't been developed at all. Because of the strict regulations as you know that the city has, this site will have to be designed so that there is no stormwater coming off of the site. It's all got to be treated onsite and released slowly into the system. So, the stormwater situation will actually be better, not worse with the proposed project and the engineering that we've discussed. As the staff report indicates there is no, no real traffic impact from the proposed use itself. It's a rather small building, the animal, the endangered species, or any of the species living on the property, I think that's more because of the fact that it's currently undeveloped property, but the property owner does have a right to be able to develop his property. I think that covers it. There is a privacy fence that's on the caller's property blocking it from the road, but there will be natural buffering between the properties. Some of that mature vegetation will be there. don't think there's much of an issue with, you know, looking from this property onto the other property. The noise question as is indicated in a staff report, all of the work is gonna be done inside the building itself, so there shouldn't be any noise outside. There won't be any junk vehicles or work performed outside, so that should limit the noise. And again, it's in the highest noise zone for the Navy in the city as well. So there's already a little bit of noise there. Mr. Alcaraz: Alright. Any questions? Yes, Mr. Horsley. Mr. Horsley: The buffer between this property and that, you are sure that that's gonna be a pretty dense buffer? Ms. Murphy: Well, there's already natural vegetation there, and if you look at the site layout, this is the property to the south, so there will be landscaping on this side of the property line, on the applicant's side of the property line that will also provide vegetation and screening. Mr. Horsley: So, the idea of people peeking into the swimming pool and things like that, it's kind of? Ms. Murphy: Yeah, I wouldn't think there would be much of a problem there. Mr. Horsley: Okay. Thank you. Ms. Murphy: You're welcome. Mr. Alcaraz: Mr. Plumlee. Mr. Plumlee: Are we able to put up the aerial that was shown during the informal? Take a look at that? So, this person that called in, I think is on the left side of that rectangle, will there be a remaining screen, tree screen post-development of the applicant's site? Ms. Murphy: It's kind of hard to tell, but, there is vegetation already on the caller's property. On the applicant's property, there will be a landscape buffer in between the uses. If you go back to the other slide, you can see landscape buffer. Mr. Plumlee: So, that will be like five feet, 10 feet. What is the distance? Are you aware? Oh, there it is, okay. Ms. Murphy: Yeah, there you go. Yeah, so there is a buffer between the uses just based on the, the Zoning Ordinance. And then you've got a 15-foot landscape buffer as well. So really, you've got the 15-foot landscape buffer, then the parking, and then the building. I would think it's another 50-feet or so, even before you get to the building. Mr. Plumlee: And with the BMP there and there's a representation from the applicant's engineering firm that there will be no volume going offsite of stormwater. Ms. Murphy: Correct. And nor will Staff allow the stormwater to go offsite; that is correct, yes. Mr. Plumlee: Thank you. Mr. Alcaraz: Any other question? I just want to ask about the sign and did it go up as soon as you got it? Ms. Murphy: Oh, the sign has been up for months. Mr. Alcaraz: It's still up? Ms. Murphy: It's still up. And it was actually, I think it was in the winter when the sign went up. The only thing that's really held us up in the process has been the review of the stormwater, preliminary stormwater analysis, and there's been some back and forth between Staff and the engineer of record. So, yeah the sign's been up for a long time now. Mr. Alcaraz: Alright. Thank you. Ms. Murphy: Thank you. Mr. Alcaraz: Oh, Mr. Plumlee? Mr. Plumlee: I was just gonna ask if Ms. Wilson could address the notice issue. I think it was brought up during the informal; and it might be useful too. Mr. Alcaraz: Sure. Outline that. Ms. Wilson: Yes, there was a concern whether or not she had received notice. As a tenant, she really isn't supposed to receive notice, those notices go to the owner. So, even if we had her on the list, she would not have received personal notice. There was a sign that was present and has been present for months because this has taken a while to get this application here. And thirdly, there is a provision in the Zoning Ordinance that discusses if you appear even by Zoom, that you waive any rights you might have by not having been notified because they are notified. They appeared. Mr. Plumlee: Thank you. Ms. Wilson: Thank you. Mr. Alcaraz: All right, we'll close it. Any discussion on this agenda item? Mr. Horsley: Mr. Chairman, I've seen a lot of properties along this corridor developed in this manner and it's about the only thing that can be done in this, in this area with the fly zone, the AICUZ and whatever. And with the stormwater regulations we have now, that stormwater doesn't bother me at all because it's not going to get approved if the stormwater regulations are not met. Stormwater regulations met and provided there is gonna be a buffer on both sides, in fact, because it'd be the other side is not developed. I move that this application be approved. Mr. Alcaraz: Alright, I have a motion by Mr. Horsley. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. And anybody abstaining? No. Madam Clerk: Vote is open. By vote of eight in favor, zero against agenda items number five and six have been recommended for approval. Mr. Alcaraz: Alright, thank you. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property shall be developed in substantial conformity with the conceptual site plan entitled "Cogent Center Preliminary Development Plan, Virginia Beach, Virginia", prepared by AES Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). Proffer 2: The architectural design and building materials of the building built on the Property shall be substantially compatible with the architectural design and building materials depicted on the building elevation plan entitled "Cogent Center, Virginia Beach, Virginia", dated November 1, 2022, prepared by CL Pincus Jr. & Co., which has been exhibited to City Council and is on file with the Planning Department. Proffer 3: The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is on file with the Planning Department. Proffer 4: The following uses otherwise permitted by right or permitted with a conditional use permit in the B-2 Community Business District shall be prohibited: (i) animal hospitals and veterinary establishments, pounds, shelters, commercial kennels; (ii) assembly uses; (iii) bars, nightclubs, wine tasting rooms and eating and drinking establishments (as principle or accessory uses); (iv) business and vocational schools; (v) colleges and universities; (vi) child-care education centers; (vii) hospitals and sanitariums; (viii) medical and dental offices and clinics; (ix) open air markets; (x) outdoor cafes; (xi)outdoor plazas; (xii) riding academies; (xiii) recreational campgrounds; and (xiv) recreational and amusement facilities of an outdoor nature; provided, however, recreational and amusement facilities, which are partially or temporarily enclosed on a seasonal basis may be permitted with approval of City Council, with sufficient safeguards to preserve and protect the existing character of adjacent properties. Proffer 5: All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the preliminary stormwater analysis provided by AES Consulting Engineers dated October 27, 2022 and shall utilize the same basis of design. Proffer 7: All lighting on the Property shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 8: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. RECOMMENDED CONDITIONS FOR CONDITIONAL USE PERMIT 1. All automobile repairs must take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted, including tires. 3. The development of the site shall substantially conform to the site layout entitled Cogent Center Preliminary Development Plan, Virginia Beach, Virginia", prepared by AES Consulting Engineers dated February 23, 2023 ("Conceptual Site Plan"). 4. The site shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Cogent Center Conceptual Landscape Plan, Virginia Beach, Virginia" prepared by AES Consulting Engineers dated February 23, 2023, which has been exhibited to City Council and is on file with the Planning Department. The street frontage screening, interior parking lot coverage and foundation screening shall meet or exceed the minimum requirements of the City's Zoning Ordinance. A landscape plan shall be submitted during site plan review for review and approval. 5. The architectural design and materials of the building shall be substantially compatible with the architectural design and building materials depicted on the building elevation plan entitled "Cogent Center, Virginia Beach, Virginia", dated November 7, 2022, prepared by CL Pincus Jr. & Co., which has been exhibited to City Council and is on file with the Planning Department. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. The freestanding monument sign to be erected on the Property as designated on the Site Plan shall not exceed a height of eight feet(8') and shall be constructed with materials compatible to the proposed building. 8. The freestanding monument sign referenced in Condition 7 shall be landscaped per the landscape and screening requirements in the Zoning Ordinance. 9. A photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal. All exterior lighting shall be no taller than 14 feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. \// lir.0 B4K \,,,, .,, \ \ I BMBM B4K :,,\,, IO R10 , •Iii=ii Office ❑ (:2'❑ Square Lane i ti' ' n R1-0 R10 : B2 _ w B4K '1,1,1, -I ig , B2 B B4K C li '� 1 >' ------ - 0 1 = / r?q . D I ri Home nf rD - ' 1 e rive /B4f1( I N Suite Christina Danielle Patterson W �� NW' 0"A,, Site 328 Office Square Lane, Suite 203 s 1 Property_Polygons Zoning - Feet Building 0 2040 80 120 160 200 240 cter.lA••,1 \ f� Z) "1/4-`7,11;1 ::Lv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CHRISTINA DANIELLE PATTERSON [Applicant] JN & RBD, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 328 Office Square Lane, Suite 203 (GPIN 1466793843). COUNCIL DISTRICT 1, formerly Kempsville MEETING DATE: May 16, 2023 • Background: This is an application for a Conditional Use Permit for a Tattoo Parlor to operate a permanent makeup studio in the Kempsville Commons Condominiums. The property is located along Office Square Lane just north of the intersection with Home Center Drive. The proposed tattoo parlor will occupy a private room within the existing salon. The applicant also intends to operate a vocational school on site in order to teach the application of permanent makeup to no more than 3 students at a given time. Since the proposed vocational school is under 7,500 square feet, it is allowed by-right in the B-2 Community Business District. The vocational school and salon have separate hours of operation. Services will be provided by appointment only. There are two employees that will serve as instructors as well. • Considerations: The proposed use is, in Staff's opinion, acceptable as the property is surrounded by commercial properties. No additional parking is required as the office center was designed to accommodate a variety of commercial uses. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, record keeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 8-0, to recommend approval of this request. Christina Danielle Patterson Page 2 of 2 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. • 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 fi City Manager: " Applicant Christina Danielle Patterson Property Owner JN & RBD, LLC Agenda Item Planning Commission Public Hearing April 12, 2023 ctryof City Council District 1,formerly Kempsville 9 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation Approval r ,Es S Staff Planner �°44, 4. a 6 1\\I 1- Michaela t McKinney ,,�,<<Q t�, .. Sao J --***%,-___I i I 1 \ ,,,..„,,,,,Eizo i - - , A '1_. ' i Location C��OV ,we 'R 1 328 Office Square Lane, Suite 203 `'4„o f Egs GPIN '"k 1466793843 4� , 0, . Site Size a ok _a 1- 21,500 square feet (1,000 square-foot suite) I o AICUZ .-t, \,,4 a Less than 65 dB DNL / ~ ('-- Watershed R� <<��«• - .. Chesapeake Bay Existing Land Use and Zoning District F Office Condominiums/ B-2 Community ='. � � k t a�Business f r �` ,- 4: a ,.. Surrounding Land Uses and Zoning Districts a.. �� -4, _ -,, '; North , Office Condominiums/B-2 Community - '�; ;,` i Business _+ . South ,. " . ` ' - � ..�_ . f2 . Home Center Drive ,. ¶ `s-.i , . r . -' A Retail/B-2 Community Business ` .,' iy 1 - iii.'-' r r I. j r East • ., South Witchduck Road` ` a r ,� AtECE t s t . Cf1,, t p� R cx ,)•• Restaurant/B-2 Community Business, -. West - "r ` -r_ • Office Square Lane :. r ' iiilw J.• . : 1 : . -ak:.. Office/B-2 Community Business Christina Danielle Patterson Agenda Item 9 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading,within an existing office suite at the Kempsville Commons Condominium.The applicant intends to operate a vocational school to teach the application of permanent makeup, as well as offer paid services to the public.The offices are located along Office Square Lane and Home Center Drive on property zoned B-2 Community Business District. • Application of permanent makeup will take place within the unit, in private rooms. This space will operate as a salon during select hours and a vocational school that will teach up to 3 students during select hours.The salon and school hours will not overlap. • According to the applicant,two employees are anticipated that will also serve as instructors. • The typical hours of operation proposed are 10:00 a.m. to 5:00 p.m., Monday through Friday. Hours of Operation for the vocational school are 10:00 a.m.to 2:00 p.m., Wednesdays and 5:00 p.m.to 9:00 p.m.,Thursdays. Clients will be scheduled by appointment only. • No exterior changes to the building are proposed, as well as no new signage. • The Kempsville Commons Condominium has 30 parking spaces for the 9,500 square foot office space,which meets the minimum parking requirements as set in Section 203(a)(24). z A1►9 o �-r gti i Zoning History 3 ti 81A o � .1L-1 # Request ,,rr/ fr. 1 CRZ(Conditional B-2 to Conditional B-1A)Approved dANd 08/16/2017 eiKKO O Q' 04__ i,7Ami - MDP(AG-2 to Conditional B-2)Approved 11 28 2006 2 CRZ(B-2, Conditional B-2 0-2 R-7.5 to B-4K; B-2 to B- r ' 4K;R 5D,B-2, 0 2,to B-4K)Approved 08/27/2013 ,2 x /� ` ; I d 3 MDC Approved 01/12/2010 ii /4! / �, MDC Approved 02/13/2007 i 0 ry CUP(Church Expansion)Approved 12/10/1997 BOk / fJ 1 � i fi1Jr , i"T Fax Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff's opinion, is acceptable since the use is compatible with the other existing commercial businesses located in the vicinity and within this part of the suburban area.The application of permanent makeup within an existing beauty salon Christina Danielle Patterson Agenda Item 9 Page 2 is not expected to negatively impact other uses within the shopping center or the vicinity. Since the suite is less than 7,500 square feet,the vocational school is permitted by-right,thus an additional conditional use permit is not required. Parking for the office condominium exceeds the minimum number of spaces required by the Zoning Ordinance, and is, in Staff's opinion, adequate to meet the needs of the existing office and proposed tattoo parlor/vocational school use. Prior to commencing operations on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such establishment. A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window,or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located in the Suburban Area, within the Historic Kempsville Suburban Focus Area (SFA). In the Northeast Quadrant of the SFA,the Comprehensive Plan calls for medical services, senior housing, and public safety and support activities. Adding a permanent makeup use into an existing salon would comply with the vision of support activities in this area. Christina Danielle Patterson Agenda Item 9 Page 3 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 Office Square Lane No Data Available1 9,900 ADT 1(LOS 3"D") No Change Anticipated 2 1 Average Daily Trips 2 as defined by a Tattoo Parlor 3 Level of Science Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This site is located along Office Square Lane. Office Square Lane is a two-lane local commercial street with a variable- width right-of-way. No CIP projects are currently scheduled for this roadway. Public Utility Impacts Water & Sewer This site is connected to City Water and City Sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Christina Danielle Patterson Agenda Item 9 Page 4 Proposed Site Layout 7 r I'. g z 4 f , motr, ,,. "' , ,„. , ,. , ... ......... , _., . ir. 4.6, ark a +� . _ 1 1 ft* * _ . . ,_ . . .. ._if ' ' 1 V --w- .. . • - 44 111. w ' i** 6c kik ... ' et.: _ • , ,- 6.. .p 1, V:a*. . ' I gr r I if! ,-,„-_ .„...,:: ', ,i , i ;,7. .. f __.• it , 1.......34f- 9 '*r r` A f ft .t �+0 C 40 trf,. rt rr/r • 1v j ... PI( a �f -1 V ` - sils . ... s 4 • Christina Danielle Patterson Agenda Item 9 Page 5 Site Photos idor \,...t..........,„ MI .44 -/k., At --.. . Jo,- iiii"Nproduo r y t 1;�Js 1 ._------ iw___ mpa.‘,70.4" ___ , t lit t i --1 --1 1 : • y 4�," r a I Christina Danielle Patterson Agenda Item 9 Page 6 Disclosure Statement Disclosure Statement Vi3 Ca crvira"r u=-1 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 (I4'\' < Dowe .1 l/, ►Z` � 1 Does the applicant have a representative? ❑Yes ieNo • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business)g Y.es 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) L_))1 l i 11 -) ,,t& �;�i1 it _tiLISL • 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 focal 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 snared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. Revised 11.09.2020 1 Christina Danielle Patterson Agenda Item 9 Page 7 Disclosure Statement Disclosure Statement ,NB City of Yinunio Rw Planning&Community " - Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?El Yes 40 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 (r]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 16 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 �110 • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes i-No • If yes,identify the firm and individual providing the service. 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 2 Christina Danielle Patterson Agenda Item 9 Page 8 Disclosure Statement Disclosure Statement 1/13 City of Ciryirria 8ra;ii Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes [g No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I -No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes S No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that ail 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. (llyy\01.401_(bakta,h Applicant Signature ,1l 115-11 P1 CA. Dan ICI je, fHei68 ' Print Name and Title If913Uid9 Date Is the applicant also the owner of the subject property? Cl 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 Si nature i 04/25/202 g Z7. �yteXeitotat I"'me Michaela D. McKinney 1 Revised 11.09.2020 3 I r - Christina Danielle Patterson Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement Ni3 City of Virginia Bench Planning&Community Development Owner Disclosure Owner Name iN&RBD,LLC Applicant Name Christina Danielle Patterson Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?II Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Richard B.Drehoff & John Nogosek • If yes,list the businesses that have a parent-subsidiary"or affiliated business entity'relationship with the Owner. (Attach a list if necessary) None Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5 Christina Danielle Patterson Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement Vii City of Virgurrr&rich Planning&Community Development c Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • If yes,identify the financial institutions. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes • No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I• No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the engineer/surveyor/agent. 6I Christina Danielle Patterson Agenda Item 9 Page 11 Disclosure Statement Disclosure Statement \A3 Planning&Community Dev ekopment 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 MI No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 7(3 Owner Signature R.B.Drehoff Print Name and Title 1/3/2023 Date 71 Christina Danielle Patterson Agenda Item 9 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Christina Danielle Patterson Agenda Item 9 Page 13 Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 9 Christina Danielle Patterson (Applicant) JN & RBD, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 328 Office Square Lane, Suite 203 RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: The next item on that consent agenda is item number nine, Christina Danielle Patterson. Is the representative here? Seeing none. Is there any opposition to this application? Seeing none, we've asked Commissioner Coston, if he would read this in the record. Mr. Coston: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor specifically for the application of permanent makeup known as microblading within an existing office suite at the Kempsville Commons condominium. The applicant intends to operate a vocational school to teach the application of permanent makeup as well as offer paid services to the public. Offices are located along Office Square Lane and Home Center Drive on Property Zone B-2 Community Business District. The staff has recommended approval and the Commission has deliberated and decided to place this item on the consent agenda. Mr. Horsley: Thank you, Commissioner Coston. Mr. Horsley: Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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. z Att.347,_co „ , 1 o t lcD win CD erik O O M .0. O N ILc) ro O Illii O V �CD w# N NCO U -0 ,. m 50 0 w 00 N t0 CO O 0 0 al t m A o C co . o1e e rCO pry 0 -- cy N 03 03 r �N1A^bl 4IN" .64 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BOLD BEAUTY INK, LLC [Applicant] ALVIN J. LANESE TRUST [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 968 South Oriole Drive, Suite 100 (GPIN 2418711141). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: May 16, 2023 • Background: This is a Conditional Use Permit request for a Tattoo Parlor to operate a permanent makeup studio within an existing suite of the shopping center along Laskin Road and South Oriole Drive. According to the applicant, only one employee is expected. • Considerations: The proposed use is, in Staff's opinion, acceptable and will be consistent with other retail establishments in the shopping center. There are no proposed changes to the building exterior except for a 12" by 19" acrylic sign to be installed next to the suite door. Prior to operating, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. 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. Staff received three letters of support from tenants of the shopping center and nearby businesses. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 8-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. Bold Beauty Ink, LLC Page 2 of 2 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department CAA/ City Manager: VAT Applicant Bold Beauty Ink, LLC Property Owner Alvin J. Lanese Trust Agenda Item Planning Commission Public Hearing April 12, 2023 ,�;,�� City Council District 6,formerly Beach Virginia Beach Request Conditional Use Permit (Tattoo Parlor) I Staff Recommendation \ ` ( ,5s"SS •Approval 0 • . Staff Planner 32ttost Madison Eichholz .--4,Niiiik i oi-ii4 r Location " 968 South Oriole Drive, Suite 100 GPINThi-411/ 1 41, ili,. ' 2418711141 �� C` Site Size 17,161 square feet(208 square feet unit) n ___ % "SS AICUZV-- :., gStHst T+ Greater than 75 dB DNL; APZ-2 c �uEg►�' m N R, Watershed I �`Ro ``�` ✓ i 2 sj Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business f : ar - t•Aft*. s I ��• l ''' . ... 14," ,, oil Surrounding Land Uses and Zoning Districts �- i��," U' *WA •C.*" North r �^` ,. Laskin Road ...f Retail /B-2 Community Business . • South • l t1 ; r South Oriole Circle - - --1‘ ;. _ . • ' Apartment complex/A-12 Apartment r ` ..$ ,sr • • . East f - ,�_ Restaurant /B-2 Community Business i r ;. '; 1 West South Oriole Drive ^�+ itp, •. Restaurant, Retail / B-2 Business District qr - VLF r , `. _ I. .' Bold Beauty Ink, LLC Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading,within an existing beauty salon in an existing Shopping Center.The shopping center is located along South Oriole Drive on property zoned B-2 Community Business District. • Microblading will take place in a private 208 square foot room located within the existing suite. • According to the applicant, one employee is anticipated. • The typical hours of operation proposed are 9:00 a.m.to 3:00 p.m., Monday through Friday. • No exterior changes to the building are proposed except for a 12"x 19" acrylic sign with the business logo.This will be attached to the building on the left side of the suite door. A3 r 6 v B2 B2 Ass _______--- ��_________-' � � __ �7 �~- Zoning History - %---- c-\'‘. ItA• 1 # Request / 1 CUP(Craft Brewery)Approved 01/07/2020 - - o, 2 CUP(Tattoo Parlor)Approved 009/08/2020 P , `gyp. �� ` 3 CUP(Tattoo Parlor)Approved 02 07 2017 4 CUP(Mini-Warehouse)Approved 05/22/2013 '��'°1 .`` coo° \________-_ 5 CRZ(H-1, B-2, B-1, R-40 to A-36)Approved 11/25/2003 4 '\+'"l 0 1,AA 6 CRZ(R-5 to A-3)Approved 12/17/1979 30 7%. 8 so , . . E.,. , 00. , , Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff's opinion, is acceptable given that the use is compatible with the other existing commercial businesses located in the vicinity and within this part of the Resort area.The application of permanent makeup within an existing commercial space is not expected to negatively impact other uses within the shopping center or the vicinity. Prior to commencing operations on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such establishment. A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Bold Beauty Ink, LLC Agenda Item 11 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located within the Resort Strategic Growth Area (SGA).This area of the city is dedicated to extending the energy of the beach into surrounding areas. Guiding principles include providing a safe and comfortable place for residents and visitors, retaining the feel of an oceanside resort, and provide a sense of calm but renewed energy for both residents and visitors. This new use of an existing commercial center helps the area evolve and supports to goal of a walkable year-round coastal community. The Comprehensive Plan's long-range vision of the Laskin Gateway is to create a beautiful tidal backdrop as a gateway to the beach resort area. Natural & Cultural Resources Impacts The Site is located in the Chesapeake Bay Watershed.There are no known cultural or natural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Oriole Drive 1,020 ADT1 9,900 ADT 1(LOS 3"D") No change anticipated 2 'Average Daily Trips 2 as defined by a Tattoo Parlor in 3 LOS=Level of Service an existing Shopping center Bold Beauty Ink, LLC Agenda Item 11 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Oriole Drive is a two-lane local/collector street with a variable-width right-of-way. No CIP projects are currently scheduled for this roadway. Public Utility Impacts Water &Sewer This is connected to City water and City sanitary sewer. Public Outreach Information Planning Commission • Three letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Bold Beauty Ink, LLC Agenda Item 11 Page 4 Proposed Site Layout q ,i , al 41: y• (V. :4::r--:-.:. I: i''...44;f::—.-1's.: :II. 1 * fi, ,- A. .•1 .0 'OJT ZA _.1 � ' a. .*'4':::..':*:'--'11.' 1 y c -f 4.1 .4 , 4 9) 1 -...- _ ., 4 ..;ter r ti / 1 411 ,r ilikseef e r tr _illkAil, # _ , - 414 T LooliEilii,..-_ Bold Beauty Ink, LLC Agenda Item 11 Page 5 Site Photos iiiimmolimiL,ii.......17,-- 444111111111111111111_,......_ ._--,--:„.-_-::::-- I : - _ . ,, r „.,_ ,..1 _..___________ __- _:_ _ _ _.___.__:_ ___ 2 __ _:__ __. _ _ :. _____._ ___ _ _..... . _ . :,_ _ _ _ _ __.__ . : ____ _ __— —_—__—_______,_=._. ._ _ iiii_r_ ._ __ ._ . . .. , _ _ ._ _ . _ . _. ... _ __ ______ „L _ .,__ _ .___ _ _tit s,_s__ ___ ._:.: _ _ __ _ _ .__ _ _ _ _ _ __ _ _ _ _ _ _ __ __ _ _ . _ _ _. ._ .. _ _ _ _ __ _ _ _ _ _ _ T- . . ._ _ ...,_ _ _ _ __ _ _ __ _ _ _._ t__ __ _ _ _. • • _. _ _. _•_______ ___ _ _ , _ _. _ __ __ _ _ ____ __ _ , _ ____ __ ____ _ __ _ _ _ _ . ._. _. _ _ _ __ ___ _ . _., _____ I . _. .. _ ....,.....„.....„.. .p, ___ . . ... .. . A ,_ .. .,,-, .s ,' 2-- . _._____-__—__ - _-__ _-__ ... . . . __ .., :-. 4 }il 7 -1-- 4 1 �= - i - k ..n �� 4 '�V t. . r7- es��- 1 ..f`♦ R Y3 t -'! Y,...,Ate.. -_ .► ..rr- 111111 . ii01.1 y, } _ ��< t illhilt4i -`-a '".e' \11]. , e:A.,.. "Ai,. l'.. ... �. .. ,�- ; . ` it 11r - aF Y•r� $ _r I • .,�y Rib } +, �tiIlk .' iiik2 �„•` !'{ ems- I} ` _ _ Vi V'ot4-,F.;- ..e.r..Ar . l y . L WI •••• a i .- `"~ -- ._ ./0„.". Bold Beauty Ink, LLC Agenda Item 11 Page 6 Disclosure Statement Disclosure Statement --. Planning& 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 Bold Beauty Ink LLC Does the applicant have a representative? IF Yes ❑No • If yes,list the name of the representative. June Tellez Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) June Tellez,Sole Member/Owner • If yes,list the busnesses that have a parent-subsidiary:or affiliated business entity'relationship with the applicant. (Attach a list if necessary) n/a '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and I ocal 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 11.09.20'0 1 I Bold Beauty Ink, LLC Agenda Item 11 Page 7 Disclosure Statement Disclosure Statement a:u.m Fear 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 tie 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?at Yes ❑No • If yes,identify the firm and individual providing the service. LZTax 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes It No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U. No • If yes,identify the purchaser and purchaser's service providers. R_wised 11.09.2020 2 Bold Beauty Ink, LLC Agenda Item 11 Page 8 Disclosure Statement Disclosure Statement V13 Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the 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 III No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IC 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,trJe,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. App re Signature June Tellez,Sole Member/Owner Print Name and Title 1' 2tp-WZ , 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 pribr to any Planmhg Commission and City Council meeting that pertains to the applications ® No changes as of Date S/1 2023 ��s� PrIm N 1 Madison m Eichholz__t Rcosad 11 09 2(120 3(P a g Bold Beauty Ink, LLC Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement a rx;�,y„s•.o d..d Planning&Community Ielopment _ 141\ „ Owner Disclosure Owner Name Pt V\\A Losk5t �Y 115� Applicant Name D A6s \Dtu't-\1_ Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I,Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below.(Attach a list if necessary) (� v i n L( 06 TiAS O`lftk 111a rrh LLX 1LS • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner.(Attacha_-, 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 4 2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. ,- Revised 11.09.702tt '`fie y��F3A Bold Beauty Ink, LLC Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement 1/13 Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing lmortgage,deeds of trust,aoss•cottaterati:atien,etc)or are they considering any financing in connection with the subject of the appl cation or any business operating or to be operated on the property' ❑Yes •No • if yes,identity the financial institutions providing the service 2 Does the Owner have a real estate broker/agent/reakor for current and anticipated future sales of the subject property? ■Yes DNo • If yes,identify the company and individual providing the service Leland Real Estate Property Management 3. Does the Owner have services for accounting and/or preparation of tax returns provided m 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 p•ovided in connection with the subject of the application or any business operating or to be operated on the property j D Yes ■No • If yes,identify the term 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 purchase,and purchasers 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 irrdividu i.pri;vrd;rig the service 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes /No • If yes,identify the firm and individual prov,d,ng the service 6I Bold Beauty Ink, LLC Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement VD t4r4r.1..a.a Planning&Community __ __ Development _ 8 Is the Uriner. fete win legal serviCes in ton ectwn with the subtrct of the app-+cat on ar any business operating o'tc be operated on the property?0 Yes No tt yes,identify the fnrr and indnndua providing legal the serrue Owner Signature I certify that allot the information contained m this Dtsclasure Statement Form Is complete,true,and accurate.I understand that upon receipt of notification that the application has been sched.r'ed for public hearing I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,YEDA,CePA,Wetlands hoard or any p,rbtic body oe committee in connection with this application [�11 tahere 03/06/23 Owner Signature pt_viN 3. lAt.lEIE MUST Print Name and Title 03/06/2 3 Date Rec.ud 1109IWO 7 1 P a g e al(atnScanncr Bold Beauty Ink, LLC Agenda Item 11 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. Bold Beauty Ink, LLC Agenda Item 11 Page 13 Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 11 Bold Beauty Ink, LLC (Applicant) Alvin J. Lanese Trust (Property Owner) Conditional Use Permit (Tattoo Parlor) Address: 968 South Oriole Drive, Suite 100 RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: The next item is item number 11 Bold Beauty Ink. LLC Alvin J. Lanese Trust. Is there a representative here? Ms. Taes: Hi, my name is June Taes. I am the owner of Bold Beauty Ink. I would like to thank you all for your time and consideration today, and I accept the terms and conditions. Mr. Horsley: Thank you. Is any opposition? Hearing none, we've asked Commissioner Plumlee if he would read this in the record. Mr. Plumlee: The applicant Bold Beauty Ink, LLC is requesting a Conditional Use Permit to operate a Tattoo Parlor for permanent makeup known as microblading. It's currently going to take place in existing beauty salon and existing shopping center. It's going to take place in a 208 square foot room with the existing suite. There will be one employee in hours of operation, 9 to 3 p.m. There has been no opposition expressed and the Commission has placed this on the consent agenda. Mr. Horsley: Thank you Commissioner Plumlee. Mr. Horsley: Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. 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. Kristin Pryor A Boutique Salon 968 S Oriole dr. suite 100 Virginia Beach,VA 23451 (757)729-4069 kristinhairdo agmail.com 20th February, 2023 To whom it may concern, Bold Beauty Ink is a huge asset to the Virginia Beach community. She offers beauty services that are in high demand in our community. Her services are innovative and up and coming. She has an advantage in an unsaturated market to be one of the leading businesses in the area for her services. As a military spouse owned business, Bold Beauty Ink embodies what the city of Virginia Beach and Hampton Roads is all about. I believe the Virginia Beach Oceanfront area is the perfect place for Bold Beauty Ink. The demographic in the area is her target clientele and primary demographic who is seeking out the services she offers. I know she will be very successful. She conducts herself in ar; extremely professional manner and has all of the credentials and education to operate a thriving and top notch business here in Virginia Beach. Sincerely, F I Kristin Pryor { Suzy Whelan February 17, 2023 Beach Pub To Whom It May Concern, 1001 Laskin Road Virginia Beach, Virginia 23451 I would like to write this letter to express support for June "Gabby"Tellez to establish a permanent make up artist studio near my business. The Beach Pub is happy to have new 757-422-8817 businesses open near us, as it generates more people flowing in our area. We support this small business becoming a reality. Sincerely, 1 Cud Suzy Whelan President Beach Pub I, (Alexis Zimmerman) am in support of Gabby (Bold Beauty Ink) opening and operating a tattoo/permanent makeup business near my business. I'm located in the same building as Bold Beauty Ink and I own and operate a skincare business and feel it would only help to enhance and bring more appropriate clientele to our area. I feel permanent makeup is a great addition to the beauty industry as it helps to enhance features to make clients feel better about themselves. Thank You, Alexis Zimmerman ':. • Ztut' 2/9 2 3 Flawless Skin 968 S. Oriole Dr. Unit 103 Virginia Beach, VA. 23451 \ ''- O o o 0 Fto O,H o#144 _..... /O �t ip o Or -- � ci__,,,._ Ce 10 I '4 I ° ' cc ii: , mt ,,- - I . (.. 1 I I ,c2 , 1 ' I , 7/ \ K/ 1 O/ o . / , #.- _ •— C� � Q O / / / ca . .v i N !a O a. 1- O Ce O , cc 0 c4 c„cs ce o Q_ I Co co CL N CO 0t3U'41 �S yyl r t, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: PATRICIA A. GANDY [Applicant] SCOTT M. GANDY & PATRICIA A. GANDY [Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) for the property located at 102 Willow Drive (GPIN 2418733619). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: May 16, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a Home-Based Wildlife Rehabilitation Facility. The applicant currently has a Category IV Wildlife Rehabilitator license from the Virginia Department of Wildlife Resources (DWR) and is a volunteer with Evelyn's Wildlife Refuge, a wildlife rescue network based out of Suffolk, Virginia. With this Conditional Use Permit, the applicant will apply for a Category I Wildlife Rehabilitator license from DWR. The applicant plans to provide care for orphaned and injured infant and juvenile mammals, birds, and reptiles in a dedicated space in her three-car garage. Care will be provided for an average of 10 or fewer animals at any one time with the intent to return them to their natural habitats as quickly as possible. Wildlife will be kept indoors and will never be left outside unsupervised. Release of rehabilitated wildlife will be done by a licensed individual outside of the neighborhood. • Considerations: The applicant is presently a licensed volunteer with Evelyn's Wildlife Refuge and as a Category I licensee, will continue to operate under the direct supervision of a Category II licensed wildlife rehabilitator. Typical receiving hours will be between 8:00 a.m. and 6:00 p.m. and animals will be kept indoors in appropriately sized and secured cages. These measures are consistent with the requirements in Section 242.3 of the Zoning Ordinance and regulations set by DWR. This property is also located in the 70-75 dB DNL of the AICUZ and the proposed use is compatible with this noise zone. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received two letters of support citing the applicant's experience and expertise with caring for wildlife. There is no known opposition to this request. Patricia A. Gandy Page 2 of 2 • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1 . The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources. 3. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources. 4. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 5. No animals shall be released at the subject site or within the neighborhood. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. I Submitting Department/Agency: Planning Department City Manager: Applicant Patricia A. Gandy Agenda Item Property Owners Scott M. Gandy & Patricia A. Gandy r Planning Commission Public Hearing April 12, 2023 Ctry„f City Council District 6,formerly Beach 4 Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 0,-, 4 t_ ikt Staff Recommendation (''. Approval f 1 . , ,MrKMORM DR Staff Planner .- Elizabeth Nowak ' . Location 1 1 . 0 102 Willow Drive • SS GPIN , 2418733619 t r ' rill Site Sizelik 1.27 acres AICUZ `,svo.," - 70-75 dB DNL # Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-40 Residential <<: � Surrounding Land Uses and Zoning Districts ,; ' `ft ..{ •` `---i ....,._, : ` �- 1. ' North ,Nu r • .�,�. : ' . Willow Drive, Pinewood Drive i. •-4'' -:`� * . Single-family dwelling,vacant lot/ R-40 = V ' 11 Residential �' • . ! ,°. . ; ,� A South � / • y, �.' * Golf course/R-40 Residential a � -f ,�� ' t . • East ,4, ,� 4 Willow Drive A A.r ,. Single-family dwelling/ R-40 Residential - 4!1y t0 . . . .A. - West Tt _ , Single-family dwelling/ R-40 Residential <�_ -r" '3' �. •yam , „ • _. alite.:16, Patricia A. Gandy Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for infant and juvenile small mammals, birds,waterfowl, and reptiles on a 1.27 acre parcel zoned R-40 Residential in the Linkhorn Bay subdivision. • According to the applicant,wildlife will be rehabilitated indoors in an attached garage in enclosures appropriate for the type of animals and care required. The applicant intends to provide rehabilitation care for an average of 10 or fewer animals at any one time and has also stated that the intent is to provide short term stays. • The primary goal of care will be for wildlife to be returned to their natural habitats as quickly as possible,typically after weaning. • Wildlife will primarily be received from Evelyn's Wildlife Refuge. As indicated on the application, animals will typically be picked up by the applicant or by a transporter in the wildlife network.Typical hours of receiving will be between 8:00 a.m. and 6:00 p.m. • The applicant is currently licensed with the Virginia Department of Wildlife Resources (VDWR) as a Category IV Wildlife Rehabber and works under the supervision of a Category II Wildlife Rehabber.The applicant will apply for a Category I Wildlife Rehabber license following approval of this Conditional Use Permit. Per Section 242.3 of the Zoning Ordinance, Category I or II licenses from VDWR are required for operation of a Home-Based Wildlife Rehabilitation Facility. • Animals will not be left outside unsupervised or overnight and will remain indoors until their final release by a VDWR Wildlife Rehabber. No animals will be released directly from the residence or in the neighborhood. • The property is located in the 70-75 dB DNL noise zone of the AICUZ. Home-Based Wildlife Rehabilitation Facilities are considered a Miscellaneous Use under Table 1 of Section 1804 of the Zoning Ordinance; Miscellaneous Uses are compatible in this noise zone. O qp R40' �I No Zoning History to Report R40 ka � o V�,o� &-)° 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 Patricia A. Gandy Agenda Item 4 Page 2 Evaluation & Recommendation The proposed Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility is, in Staff's opinion, consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Achieving this goal requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with their surroundings, including the quality and attractiveness of structures. Additionally, uses should provide effective buffering with respect to the surrounding uses. The proposed wildlife rehabilitation facility is in-keeping with these principles, as the applicant will house rescued wildlife within an enclosed garage that provides sufficient screening and buffering from the adjacent properties. No exterior changes are proposed. During the site visit,Staff found the property to be very organized and well-kept, successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods. No records of violation through Animal Control were found and the use is compatible with the 70- 75 dB DNL noise level of the AICUZ. The applicant is aware of the standards outlined in Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities and currently works as part of an existing wildlife rehabilitation network.As a Category I Wildlife Rehabilitator,the applicant will be primarily working with orphaned animals. Staff believes that this request adequately addresses the requirements set for Home-Based Wildlife Rehabilitation Facilities and that the applicant will be compliant with State requirements. As such,Staff recommends approval of the application subject to the conditions included in this report. Recommended Conditions 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources. 3. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources. 4. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 5. No animals shall be released at the subject site or within the neighborhood. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. 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. Patricia A. Gandy Agenda Item 4 Page 3 Comprehensive Plan Recommendations The subject site is located in the Suburban Area of the city, which recommends the development and support of Great Neighborhoods. A low-impact use like the one proposed should not have a negative impact on the surrounding residential character. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. No historical or cultural resources will be affected by this undertaking. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Willow Drive No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Us 32—10 ADT Proposed Land Use No Data lAverage Daily Trips 2 as defined by a single-family 3Trip data does not exist for a 4 LOS=Level of Service home home-based wildlife rehabilitation facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Willow Drive is considered a two-lane residential street. No CIPs are slated for this area. Public Utility Impacts Water The site currently connects to City water.The existing 1-inch domestic meter can be used for this proposed use. Sewer The site currently connects to City sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they spoke with some surrounding property owners.Two letters of support have been received by Staff noting the applicant's experience with and education in wildlife rescue. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. Patricia A. Gandy Agenda Item 4 Page 4 • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,April 30, 2023 and May 7,2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Patricia A. 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" __ . __,_1.'4Irrilifit, 4.jimi aits,:-.._„7::-*,_- .._„ ___ . win' •.. a 'YA., -I�,.___1_ i ,ili. .wI S t a '')•'''''''•.-Agr ' ' - 10k.-"C''''- --. .,•4-- c--- :,- ;.,,,--.>•'-'">...' -'-• ->-;.; h . , 0 ` si r_ r _ __ r.{ tll�i4l±�tf►• ►!!!�!!l4��/!! & 1. alfm€ r��!i j�na, •i P uOUIIIP ' ;s� ; ';�� j�.F rr _A rr ir1 7 II it >. �ta^ i�i, ��, 4 ape ••i . _ . a __ �. Patricia A. Gandy Agenda Item 4 Page 7 Typical Enclosures to be Used — 41111111111111111.1111! _ i .•„ , ' III plitli, 1,1 ■ 1 _ -”____ 9 , Nal 1 i 1 \ . , . -_--.- _ _ .,. _ - \ * .—. _ , -,_,• ,. -_I. _Li_L_I —A111111111111111.1 "Par 1 1 ___-- . - W ................, --r 1 1 ,---------;•;ir.ff '- ---- , 4.., i -. . \ \ 111111 III I , 1 ,1' ''!A iA 4: ki _ it-..._ 4 ... ''',-.1-41)4iiillt hiehag4; '1'1"L'i!''Pig/a ...-......................, r +-, tal .--- iiiiabia/M i Walk iildiUMIli -. -"_ It -, i • _ 1 ,-.- ;CO/4 , , r -.1'."',• ' 7.-*******-*****-- A _ t..- = wo....--ki-,4,„ii __ • ' • 1 , , ,/, i„ 4 . . , 1 i ' t ni '• 1 , __ _ __ _ , i, • .' 1 1 li I I ,. 'i I 1 r.. _ . - (.- , , , 041. '. I i '''141111 , t, , ... , : lL 1 ! i i 1 .: ig i) Ni.is ,............... ...... -- , iir,, —-- . Na( . ---, ----------*-7---------al Wri Patricia A. Gandy Agenda Item 4 Page 8 Disclosure Statement Disclosure Statement City of Virginia 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 Patricia A.Gandy Does the applicant have a representative? E Yes I No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 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. HeviseU 11.Uy.LU L) 1 I Patricia A. Gandy Agenda Item 4 Page 9 Disclosure Statement Disclosure Statement • City of l'i,giniu&ski+ _Planning&Community Development -- - Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes InNo • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes U No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U No • If yes,identify the purchaser and purchaser's service providers. 21 Patricia A. Gandy Agenda Item 4 Page 10 Disclosure Statement Disclosure Statement City of Virginia Beach s. N 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 I No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. .Cidebok4 Applicant Signature Patricia A Gandy Print Name and Title Patricia A.Gandy Date Is the applicant also the owner of the subject property? I1■Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑■ No changes as of Date 04/25/2023 Signet1fe � /(, JAG Print Name Eliza th Nowak / Revised 11.09.2020 3 Patricia A. Gandy Agenda Item 4 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Patricia A. Gandy Agenda Item 4 Page 12 Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 4 Patricia A. Gandy (Applicant) Scott M. & Patricia A. Gandy (Property Owners) Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) Address: 102 Willow Drive RECOMMENDED FOR APPROVAL— HEARD Mr. Alcaraz: Thank you. Alright, if you had an application that was on the consent agenda, your request will be scheduled for the next upcoming City Council meeting. Staff will contact you for that date for those applicants on the consent agenda, if you'd like to stay, you may. If not we're gonna go ahead to the next order of business and that is for the items that need to be read. Madam clerk, you may proceed. Madam Clerk: Thank you, Mr. Chairman. Next agenda item is agenda item number four, Patricia A. Gandy. It's an application for a Conditional Use Permit, a Home- Based Wildlife Rehabilitation Facility at 102 Willow Drive in Council District Six. Would the applicant or representative please step to the podium. Mr. Alcaraz: Hi, if you would state your name, please. Ms. Gandy: Patricia Gandy. I'm very hard of hearing so Rose is coming with me. Mr. Alcaraz: Okay. You're the owner, so you're just gonna voice what you're doing. Ms. Gandy: I am the owner 102 Willow Drive, yes. Mr. Alcaraz: So, if she can just say what she'd like to do. Ms. Chandler: Yeah. Well, I'm also a Rehabber. Rose Chandler, I'm up here in approval and support for her too. But if she has trouble hearing, I'll let her know what you said. Mr. Alcaraz: Did you have anything to say? Ms. Chandler: Well, I heard you might have questions or concerns, so that's why it had come up. Mr. Alcaraz: We were actually on consent, but we were asked to hear you, so good. Is any questions for the applicant? Mr. Plumlee go ahead. Mr. Plumlee: I would just like you to describe what the activity is going to be in the area just briefly if you could. Ms. Chandler: So, in the state of Virginia, all animals, the Game Warden will tell you they're all owned by the State of Virginia. So, we don't own them, we don't play with them, you know, we bring them in, we take care of them, we rescue, rehab and rehabilitate and get them back into the wild. There are four levels of rehabbers from CAT I to CAT IV. Mainly in this area, we have CAT I and CAT II. I'm a CAT II, which is orphaned, injured, sick, anything, I can take in anything. CAT I are extremely vital to us because they can take in just the uninjured, the ones that aren't sick, the orphan babies, which helps relieve us to take in ones that actually need a lot more care, like broken wings, broken legs, you know, anything from eagles to little possums, squirrels, anything. Like me today, I have 135 ducklings that just came in, in over a week. Because we don't have a wildlife center here, it's dependent on us rehabbers to take them all in. And we rely on folks like Patty that become CAT1 and just keep the little babies in their house until they get just a little bit old enough to bring to us so we can finish the job and get them back into the wild. Mr. Plumlee: Is she planning to be a Category I or a Category IV? Ms. Gandy: I'm currently a Category IV, I help at other rehab facilities. I'm going for my category one. Mr. Plumlee: Can you describe the types of animals that you would be taking in under Category I? Ms. Gandy: Well, they'll all be short term and I work with people like Rose to get them out to the other category rehabbers. But primarily it'll be baby squirrels, baby possums, when I get my federal permit; it would be baby ducklings, baby birds, things like that. Mr. Alcaraz: Good. Any other questions? Okay, you may be seated. Thank you. Mr. Plumlee: Oh, sorry, and all the conditions that are placed on this permit are agreeable to you? Ms. Gandy: Yes sir. Mr. Alcaraz: Thank you. For formalities are there any opposition to this agenda item? Alright. Having none, we'll close it to discussion. If not, I'll take a motion. Mr. Plumlee: I'll move to approve. Mr. Alcaraz: Thank you, Mr. Plumlee. I have a motion. Do I have a second? Mr. Clemons: I'll second. Mr. Alcaraz: Second by Mr. Clemons. Madam Clerk: The vote is open. By a vote of eight in favor, zero against agenda item number four has been recommended for approval. Mr. Alcaraz: Thank you. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department of Wildlife Resources. 3. The application shall comply with all rabies immunization protocols as established for wildlife rehabilitation by the Virginia Department of Wildlife Resources. 4. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 5. No animals shall be released at the subject site or within the neighborhood. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 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. March 29, 2023 Dear Ms. Nowak, I am writing about Patti Gandy's request to shelter wildlife on her property as a stopover for injured and/or misplaced animals in route to a permitted rehab facility. Mrs. Gandy has always been an 'animal rights' advocate. She has shown this not only with her personal animals, but in her capacity as a volunteer for wildlife rescue organizations. In addition, she has (and continues to)volunteer at some of the rehab locations themselves when needed. She is tireless in both her volunteer time in rescuing wildlife and in educating others as to the needs, care, and characteristics of the animals she helps save. The Gandy's have the dedicated space to house these animals on a short-term basis. As I have already stated, Mrs. Gandy is very knowledgeable about the care these animals require. I am positive she will continue to have the same level of care and on compassion she shows these animals while in her short term custody. I honestly cannot think of anyone more capable of giving injured and/or misplaced wildlife a place of respite for a few days while arrangements are being made for them than with Patti Gandy. Best Regards, Sherry Fitzpatrick Neighbor From: p Gandy To: Elizabeth D.Nowak Subject: Fwd:Rehab wildlife Date: Friday,March 31,2023 9:49:28 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Another letter for my file. Forwarded message From: Lori Cox<coxlori6@gmail.com> Date: Fri, Mar 31, 2023, 9:47 AM Subject: Rehab wildlife To: P Gandy<pattigandy@.gmail.com> Dear Ms.Nowak and City Council, I'm writing in regards to Patti Gandy's request to use her home at 102 Willow Dr. Va Beach, VA 23451 as a short-term stay to rehabilitate wildlife. I live directly across the street from Patti and have no issues against her getting her Conditional Use Permit for this purpose. I know she has years of experience in rescue and has helped at other wildlife rehabilitation sites. Thank you for your time in this matter. Sincerely, Lori Cox 145 Pinewood Road Virginia Beach, VA 23451 Sent from my iPhone Pliiii.iii°1 - . \,y mot, 4 AN '..-11. �*. ,r 't''. 1t , ki-4/ ..:,,,), ..''. ' et,: 'tc- ,,,:,,- l'f'''.4 f-'4,,` I: ''-:-- ",t- r",-.A. ---,'-'„ ‘, .,... } 4,' i --: ii 6Y '7 , 4. ' , it :41'. •.:A.X.--- ' ., rt ,---,- -1424_ ......- ., ..i...< ., --1-r,.-, ,„„.. ,_ ' I '* ;'t 'N, - t : ...... s - t , , ,,,,-. _. .. i „Ni..\ ki"Iiii i i \...1,1 1 ‘- V) ‘ Z3ji I *).' NI"' J .3- . , . 1 i _ = 4 I , ...\,i ..\‘ \--- ., ribZi ....... ic") i r""\....1 1 . 71-""%ssas% --"*.4 C.)1 Ct , Nr.................... i ' 1 ' -NI • *.? • ..... 2 2R ' G o4. -I (--) --4,..--::. -i 3--- Ali • 0 • • . V7 ....„1.44 I .......... Nil t r • 6 --.3 ... ... r .., _ t.„ ft, il - I 12 si- /ft�•St� X •b IetC s--ti..� '...,,,,i air:C•....lc It..v.1..:./%1 ;I VS:4V•'74j:it;0 4.. ...,,...-.............................____ Co N cn ,� z 0 7:1 0 3 n ` � o CD O W ,^ \\\.' c7) CD *00, z \'‘ f ��u ' t Z ! 4-. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WILLIAM J. WRIGHT, JR. [Applicant] BEACH FRONT FINANCING, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 911 Pacific Avenue, Unit C (GPIN 24272444111035). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: May 16, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental unit within the Pacific Place Condominium located at 911 Pacific Avenue. • Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental in a multi- family residential dwelling unit located within the Pacific Place Condominium complex. Several of the units within the condominium complex have received approvals for Short Term Rental Zoning Permits. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit, in the complexes surface parking lot. According to Section 2303(b)(a)(ii) of the Zoning Ordinance, the Zoning Administrator may allow certain condominium properties which have historically operated as short term lodging units to provide 1 parking space per dwelling unit rather than the 1 space per bedroom typically required for short term rentals. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. There is no known opposition to this request. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, 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 911 Pacific Ave, Unit C and the Short Term Rental use shall only occur in the principal structure. William J. Wright, Jr. Page 2 of 4 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. William J. Wright, Jr. Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the 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 Department of Planning and Community Development 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 William J. Wright, Jr. Page 4 of 4 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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: ilp)-9 Applicant William J. Wright, Jr.Property Owner Beach Front Financing, LLC Agenda Item Planning Commission Public Hearing April 12, 2023 Ciiy�'f City Council District 5,formerly Beach 1. 3 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ',$SNS'f- -r'1 " Approval 0% -\-- t6SH5T S Staff Planners .. Garek Hall Hannigan 1111111a 0 „,,st t O. �H Location , S�.:� --. 6°a I 911 Pacific Avenue, Unit C —; — DC M. 1 GPIN 9,,.,sl AVE 'p ....rot; 24272444111035 '"'"DEL"' RE E.ACE. , , - NA AV Site Size n "�SE�AcE" � - ' ' ' I w t ` 34,984 square feet '' q �, 1 t p5 Z Zµ0 S` Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts x . w :* 1 North '0S %� ilk- - Multi-family dwellings, commercial parking lot/ fir OR Oceanfront Resort - i 0.South "{ , , • , 9th Street �' Municipal parking garage/OR Oceanfront m �e ' _,,..— . "' - ` Resort ,�,-. y �e � • ` East ' > .4 . E ! Retail shops/OR Oceanfront Resort ( - 1�' ' West �. ter' j 0 40) 'Pacific Avenue , NORFOLKAV!P 11. a'' '' i Off-street parking lot/OR Oceanfront Resort a N. ''i ,, \ . William J. Wright,Jr. Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 35,000 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District.According to City records,this multi-family condominium was constructed in 1969. • There is no on-street parking on Pacific Avenue. • Ten Short Term Rental Conditional Use Permit applications have been approved in this condominium development. • Staff visited the site on March 20, 2023 to observe site conditions for this report. • There are no past violations for Short Term Rental use associated with this unit, nor has the unit had any prior Short Term Rental activity. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of March 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity . --,--4-____ v...ers___, . ..--'4:g IC\ \ ----- -') V -'1'\.,t rt i Ubmicor fit ., LL � � . � --,3RF- of =-- .. °'G' ', E? 1 • 1S } r ti. Rai • Atvtivid" ,r . Ai mow` Short Term Rentals ob, ,.,..... . .„..,_ A1*r3 l \ , , 14010` tiV� i A. .�. 1 5 1 . 1.7 5 l 1 5 Lam- `. 'l I -. 5',t William J. Wright,Jr. Agenda Item 13 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a short term rental in a two-bedroom, 617 square foot unit 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. • 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 parking spaces provided on-site: 1 Zoning History # Request ° ', 1 CUP(Short Term Rental)Approved 06/12/2022 �1J OR CUP(Short Term Rental)Approved 04/05/2022 OR � CUP(Short Term Rental)Approved 11/09/2021 OR• CUP(Short Term Rental)Approved 03/02/2021 R CUP(Short Term Rental)Approved 10/20/2020 ms"°°t CUP(Short Term Rental)Approved 08/25/2020 OR R-5S trs CUP(Short Term Rental)Approved 08/25/2020 A-� sipilk : CUP(Short Term Rental)Approved 06/09/2020 r3 e A OR CUP(Short Term Rental)Approved 04/06/2020 i„, � Sli CUP(Short Term Rental)Approved 02/04/2020 H°`�°icAwnue RT-3 sQ 2 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 s OR I CUP(Short Term Rental)Approved 12/13/2022 1.111- CUP(Short Term Rental)Approved 12/13/2022 se,Street OR - CUP(Short Term Rental)Approved 12/13/2022 3 STC Approved 12/07/2004 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, 617 square foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 10 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit within the sites parking lot. According to City of Virginia Beach Zoning 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 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." Pacific Place William J. Wright,Jr. Agenda Item 13 Page 3 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. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather.Therefore,the use of the unit as a Short Term Rental is consistent with this purpose.The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. 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 911 Pacific Ave, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the 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 Department of Planning and Community Development 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 the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. William J. Wright,Jr. Agenda Item 13 Page 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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 William J. Wright,Jr. Agenda Item 13 Page 5 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 March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023, and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. William J. Wright,Jr. Agenda Item 13 Page 6 Site Layout & Parking Plan -,\ \ \ \ ' i - *...2 SSy/// '‘ \ , & 7,- . iiti , \\A- \ *, , : .--_,.._---- ' ` _ L „ 7...h 7 I I, : Assigned Parking Space -- '_ _ _ .-_ _=•- ....,.1i- -\ \' ' ,:_, .,.. • . ‘.1;11 1(I-, _ -it t . ,, , .. - t . + - 9SH SS f :..: " III lalk111111111111blft. /°‘. __ ____ __2_ i ,..7. _ 7 . 1 1 1 i :,- t 1 ,.i. r ; 4. i.41 w i _+its.iv_ 4. ,rir; j 4 k 1 I i I I t-, e. _ .�,,. _` r i ! 4- '•9.t.,,,, /a Assigned Parking Space s 1 i i , :' r ., i 1 .... • One assigned space in the parking lot • Historical exemption to > requirements; only one space F to w K . needed William J. Wright,Jr. Agenda Item 13 Page 7 Site Photo - 1 , PINIMIIIIN 41,41r4ftweL4 t;: *num r- „... : - owl Ikti Plz • Alt William J. Wright,Jr. Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement - 1/13 nning&Commun panne -- The disclosu-es contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict o'interest under Virginia law. The completion and submission of this form is required fur all applications that pertain to City real estate matters or to the development and/or use of property in the City a+ Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure p y�-� Applicant Name • _e ` 'Ap i V i (�/i 1 . Does the applicant have a representative? Yes 0No • If yes,list the name of the represertatrve. IS the applicant a carpairadany partnership,firm,business,trust or an unincorporated business?C Yes ❑No • If yes,list the names of all officers,directors,me-nbers,trustees,etc.below. (Attach a list f necessa ryl 14, rkz-_,_ -3 r • ii yes;list tt^.e businesses that have a parent-subsidiary'or affiliated bus:ness entity'relationship with the applicant. lAttacfi a list if necessary) I"Parent-subsidiary relationship"means"a relationship that exists when one ourporatsun directy or indirectly owns shares possessing mere than 50 percent of the voting power of another corrorat lwe See State and Lorel Goer.rnmert Conflict of Interests Act,VA.Code 4 2.2-3101. "Affikiated business entity relationship"means"a relationship,other than parent-cuhs4lary relationship,that exists when I')one business entity has a controlling ownership interest in the other business entity,Ili)a contra ling owner in one entity is alsc a oont•dling owner in tie other entity,or Uhl there is shared management or control between the business entities_ Factors that shoul0 be co'tsidrr-d in determining the existence of an affii.ated business e'rtity relationship include that the same pe•san or substantially the same person own o•manage the two entties,there are common or commingled funds or assets,tie business entities share the use of Me same offices or employees or otherwise snare activities,resources or personnel on a regular basis;or there isothetrvise a dose working•elatiansnip between the entitles." See State and Local Government Conflict of Interests Act.Va. Code S 2.23101, ftrorsrd l l.!)9 2020 ' ,Page William J. Wright,Jr. Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement FP ________ _,...,_. e„ t=� ; Planning&Community Known interest by Public Official or EmplOyOe Does an official or employee of the City of Virginia Beach have an rtere;' n the subject to d or any proposed development co-tingent or the mitir:r p:.rblc action?C Yes ft No • If yes,what.s the name of the official or employee and what it the nature of the interest? Applicant Services Disclosure 1. Does the appl cant'were any existing financing(mortgage,deeds°,trust,trots-coilateraiiaation,etti or are they considering any financing in connection with the suOjett of the application or any business operating or to be operated cn the property' Cl Yes allo • If yes.identify the financial institutions providing the service :. Does the applrant have a real estate broker/agent/reattor for cur rent and a-ticipated future sales of the subject prope,ty? ❑Yes Q No i • I'yea,identify the mrnpany and ind,rdual providing thr service.. 3. Dues tt•e applicant have services for accounting and/or preparation of tax returns provided in connection with the subject ce the application tsr any btnintts operating or to he aprratrd an the prc:prrty? Yes 0 No • Ii yes,identify the firm and indlvldlai providing the.service 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection wit-the subject of the applk;ation or any twsiness operating or to be operated on the property?❑Yes Q No • If yes,identify the firm and individual providing the service. 5. I,i herr any other pending or proposed purchaser of the subject propert?0 Yoe lir No • Ir yes,identify the purchaser and purchaser s service o•oviders Revised 11 09.2020 Wage William J. Wright,Jr. Agenda Item 13 Page 10 Disclosure Statement It Disclosure Statement Winning Sz.Comn1unity It 6. Does the applicant have a construction contractor in connection with the si.bject of the application or any business operating or to be operated on the property ❑Yes Q No • if yes,identify the company and indrvdual providing the service 7. Does the applicant have an engineer/surveyor/agent'n ronrccticr wit-the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes*entity the firm and individua providing the service. 8. Is the applicant receiving legal services in connection with the subject of the appl.cation or any business operat^g or to be operated on the property?❑Yes jQ No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that a:l of the information coma tied ii tiffs Disclosure Statement Form is complete,true,and acc_ atr. I understand that, upon receipt of notifcation that the application has been scheduled for public'eating,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CB PA,Wetlands board or any public body or committee In connection with this application. V\A\\\\ Applicant Signature _ Print Name and Va i Date Is the applicant also the owner of the subject property? ❑Yes ❑No • If yes,you do not neec to fill out the owner disclosure statement. FOR CITY USE ONLY/Ail disclosures must be updated two it)weelis prior to any Planning Commission and City Council meeting that pertains to the applications No dre,tprs a�of Date 5/01/2023 sagiaturc• uv► T v.. °s3/40•11.6' Garek Hall Hannigan Revised 11.09.2020 3 l P a t William J. Wright,Jr. Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Department of Planning and Community Development 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 and Community Development/ Development Services Center and Department of Planning and Community Development/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. William J. Wright,Jr. Agenda Item 13 Page 12 1'-- _1- . __. ,-------C:t's ,,,,--3,,..1- -- --.-•--L , eL cc .__ . rA.,,..„.-1°'' ------'10 tb-,.A. 2 = r-----.-Y" w.- if - -. ' iy f --- - Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 13 William J. Wright, Jr. (Applicant) Beach Front Financing, LLC (Property Owner) Conditional Use Permit (Short Term Rental) Address: 911 Pacific Avenue, Unit C RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: The next one is item 13, William J. Wright, Jr. Mr. Wright: Good afternoon, I am Mr. Wright and I do accept the conditions. Mr. Horsley: Accept the conditions? Mr. Wright: Yep. Mr. Horsley: I forgot to ask if there's any opposition to one before. Was there any opposition to number 12? How about number 13? Okay, thank you. Ms. Cuellar: Thank you. Agenda items number 12, 13, 14, and 15 are all application requests for short-term rentals, excuse me, conditional use permits for short-term rentals located in the Oceanfront Resort District. All the conditions are accepted. There is no opposition, and we recommend this for the consent agenda. Mr. Horsley: Thank you Commissioner Cuellar. Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 911 Pacific Ave, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the 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 the 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. i• i ^'-C1 S� Ej) c. Iy�l t!,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TARA RYAN [Applicant] PACIFIC AIR 3, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 925 Pacific Avenue (GPIN 24272444111145). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: May 16, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a one-bedroom Short Term Rental unit within the Pacific Place Condominiums located at 925 Pacific Avenue. • Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental in a multi- family residential dwelling unit located within the Pacific Place Condominium complex. Several of the units within the condominium complex have received approvals for Short Term Rental Zoning Permits. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit, in the complexes surface parking lot. According to Section 2303(b)(a)(ii). of the Zoning Ordinance, the Zoning Administrator may allow certain condominium properties which have historically operated as short term lodging units to provide 1 parking space per dwelling unit rather than the 1 space per bedroom typically required for short term rentals. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. There is no known opposition to this request. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, 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 925 Pacific Ave and the Short Term Rental use shall only occur in the principal structure. 114 \ , \,, \ AO vp a') co 404 o 01 o co 0 N 0 Lo 0 W C ;, a LIZ Cd i • C,) CO CZ In N 0, cc 0 \ {„ CL N(n m l 0 0 Tara Ryan Page 2 of 4 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the 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 the Revenue's Office and pay all applicable taxes. Tara Ryan Page 3of4 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 Department of Planning and Community Development 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. Tara Ryan Page 4 of 4 Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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: i()P1* Applicant Tara Ryan Agenda Item Property Owner Pacific Air 3, LLC Planning Commission Public Hearing April 12, 2023 C'�ryof City Council District 5,formerly Beach 14 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation IL,. ...Approval tow�� Staff Planners Garek Hall Hannigan ,2 >ft, to 7, Ir C i Location SS x �LAKEOR 925 Pacific Avenue fir.rt NORFOLKAVE r2 , „,_, 'k •*--. L 1 " 701 GPIN ,RYLA"OAv£A�ti � s 24272444111145 t `,WAR 1,7 °y 1F�N�A A`£ AV£ �„ .-�'� ��GAi10��NANGH�, 1 Site Size . %--''"s j£RR°6 34,984 square feet rt x �$ Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts z r ., 1 North ,osµ-S - , ��1t„�. . , — i . �., Multi-family dwellings, commercial parking lot/ *1 ,0 $ - =� _ �,. •• , f.� ,•�%\� OR Oceanfront Resort " •� , i , South �. .�-, � 9th Street n Municipal parking garage/OR Oceanfront - s,,.- ,ym Resort --- '' .. . • ' , East s - Retail shops/OR Oceanfront Resort West :; . ---"`" Pacific Avenue ,_ NoRFpLKAv, e 1 a. Off-street parking lot/OR Oceanfront Resort w ; OIL,. - 4,7- el \------ 11 A l i , Tara Ryan Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • This 35,000 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • There is no on-street parking on Pacific Avenue. • Ten Short Term Rental Conditional Use Permit applications have been approved in this condominium development. • Staff visited the site on March 20, 2023 to observe site conditions for this report. • There are no past violations for Short Term Rental use associated with this unit, nor has the unit had any prior Short Term Rental activity. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of March 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 04411:04 , , -- a RFOt v•"V _ WAS'. • ..-••••17% - iSkr"' l'tL21-si,t- Short Term Rentals \r\ �(V• J.xYti t 7 Tara Ryan Agenda Item 14 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a one-bedroom, 285 square foot Short Term Rental 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. • Number of bedrooms in the Short Term Rental: 1 • 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 parking spaces provided on-site: 1 Zoning History ,0, # Request 12--- .57elisgri 1...OR 1 CUP(Short Term Rental)Approved 06/12/2022 oRU — oR CUP(Short Term Rental)Approved 04/05/2022 CUP(Short Term Rental)Approved 11/09/2021 OR• CUP(Short Term Rental)Approved 03/02/2021 R' CUP(Short Term Rental)Approved 10/20/2020 to, OR 1e*`—silo- CUP(Short Term Rental)Approved 08/25/2020 - CUP(Short Term Rental)Approved 08/25/2020 A'. vol‘ CP(ShortTermRental)Approved06/09/2020 j� OR CUP(Short Term Rental)Approved 04/06/2020 H / •� CUP(Short Term Rental)Approved 02/04/2020 R °rf aw,,,,,, 91h pp RT-3 ya 2 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 -s OR I CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 Be,Street , OR - ______\ CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 3 STC Approved 12/07/2004 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 one-bedroom, 285 square foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with 10 Conditional Use Permits for the operation of Short Term Rentals currently approved for the site. There is one assigned parking space associated with this unit within the sites parking lot. According to City of Virginia Beach Zoning 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 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." Pacific Place Tara Ryan Agenda Item 14 Page 3 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. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore,the use of the unit as a Short Term Rental is consistent with this purpose.The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. 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 925 Pacific Avenue and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the 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 Department of Planning and Community Development 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 the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Tara Ryan Agenda Item 14 Page 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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 Tara Ryan Agenda Item 14 Page 5 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 March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023, and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Tara Ryan Agenda Item 14 Page 6 Site Layout & Parking Plan + �/� A 1 , t 7 ‘\ \ . 3 ,/,/ .-----_,_2> /- , \ Vf-, ', , / V- 'iv 7 ` ---\ , '''\ .-1 1 11\‘\\II '' \ it, ; Assigned Parking Space 4 \ , _...4000ft ' •\\ See S 't, \-4 , ,.. \,\, \ --. ' .‘ , , _ .,.\ _ . 1 \ . - ....._ ___ , , A 4:: e s� k _ -e. rl , % .. 7 ill- PKIIIiim................ie". - ,--101 A , : I 1 # i lieL isJ, $ a I I I Assigned Parking Space 1_ __ , I , 1 1 5?71:: I t Ii 1 i '. `:e...;.r V .4e;-. .i..---- --....— r , til i • • One assigned space in thei ,_i kt parking lot 4. • Historical exemption to requirements; only one space . ,...- needed •," Tara Ryan Agenda Item 14 Page 7 Site Photo IL + 4.. Tara Ryan Agenda Item 14 Page 8 Disclosure Statement Disclosure StatementNi3 Ott tf vr sue+ Planning&Commun., Development alOW— 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 reauiring action by the City Council or a City board,ccrnrti+scion or other body. Applicant DisclQsurq Applicant Name 1 C f R y. Does the applicant have a representative? ❑Yes ( `1ti10 • f yes,list the name of the representative. ! Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No ▪ f yes,list the names of all officers,directors,^ier'bers,trustees,etc.below- [Attach a list if necessary 1\1itA - • If yes,list the businesses that have a parent-sLbsiciary'or affii atec business entity'relationsnp wit-the applicant. I-:'tac- a list i1 necessary) Nr fA "Parent-strbaidfary relationship"means wa relationship that exists when one corporation directly or indirectly owns snares possessing more than 50 percent of true vat ng power of another corporation" See State and Local Government Conflict of interests Act,VA.Code 4 2.2-3101. a"Affiliated business entity reiatonship'means"a relationship,other than parent-subsidiary relationship,that exists when I)one business entity has a controlling ownership Interest-n the other business entty.III)a controlling owner in one entity is also a controlling owner,n the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered=n 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 com^tingted funds or assets;the business entities share the use of t`*e same offices or emp oyees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entitles." See State and Local Government Conflict of tntereSts Act,Va. Code§2.2.3101. 1IPage Tara Ryan Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement 1/13 , Fri rr �b Planning&Community w.: Development Known Interest by Public Official or Employee Dotal an official or employee of the City of Virginia Beach t•ave an interest rn the=_ub ect lard or arty p•000sed development contingent on the subiezt public ecton?[a Yes G No • If yes,what is the name of the official or empiyee and what is the nature of the irate est? Applicant Services Disclosure 1 )Des the applicant have any existing financing(mortgage,deeds of trust,cross-callateralization,etc)or are they considering any financing In connection with the subject of the application of any Dasiness operating or to oe ooera:ed on the property? ❑Yes 0No • If yes,identify the financial institutions prolndrg the service. 2. Does the aDolicanr havz c real estate broker/agent/realtor for current and anticipated future sales of the su:)jett property ❑Yes ❑No • if yes,identify the company anti!An/;it.,l.prc:vldl!'g the per:I(.e. 3. :)oes the applicant have services for accounting and/or preparation of tax returns pcc>:icrd.n:-ciinrrtcon w th the subject of the application or any business operating or to be operated or the pr4Der ry n Yes Q No • It yes.Identity the firm anc ind:viduat providing the sere ce. 4. )c,es the applicant have services from an architect/landscape architect/land planner pioviced In connector with the subject of the application or any business operating or to oe operated on the p►operty%❑Yes Q lilo • It yes,identify the firm and individual providing;he service 5. ,s there any other pending or proposec purchaser or t`-t-sublet'p•uperty?0 Yes }No • If yes,identify the purchaser and pu•c-aseI s se-v ce aro.,dens. Rrvised 11.09.2020 f + I Tara Ryan Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement Planning St Community Development, 11111101P-- 6. toes the applicant nave a construction contractor in connection wth the si bier o`the application or any business operatire or to be operated on t^e property?❑Yes ❑No • If yes,identify the L-npenv and ir•Cividual providing the s-ervice. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating a-to be operated or the property?0 Yes 0410 • If yes,identify the firm and individual providing the service. 8 is the appl cant receiviig legal services in cor ecticn with the subject of the application or any bus ness operating or to be operated on the property?CIYes • If yes,identify the firm and individual providing the service. ,A plicant Signature I certify that al+of the ir.formatic-conta<ned in this Disclosure Statement Form is complete,true,an ac_urate. I understand that, upon receipt of not fication that t-e application has been scheduled for pubic t•eanng,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,YBDA,CB PA,Wetlands Board or any public body or committee in connection with this applicatio-. Applicant Signatore Ta ... 1 ,rtt�.l•�,�1 PA*Nam awl Me pia 1P3 o.ak Is the applicant also the owner of the subject property? 0 Y s ❑No • rf yes,you do not neea tc`lI lw,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 c,a e a o Datc5/01/2023 ;sip,° ,/ vS C,j '"""Na"" Garek Hall Hannigan 3lPag Tara Ryan Agenda Item 14 Page 11 Disclosure Statement Disclosure Statement Ni3 Planning&Community Development _. _ ..tea Owner Disclosure Owner Name p C=,L .. . jk.is-_3 L L Applicant Name I. t R c, __ __ is the Owner a corporation,partnership,firm,business,trust or an unincorporated business>❑Yes l<rd'h10 • It yes,list the names of all officers,directors,members,trustees,etc_below. (Attach a list if necessaryy) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relations`,p with the Owner (Attach a hit if necessary) Known Interest by Public Official or Employee Goes an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?E Yes tJoffi rs • If yes,what is the name of the official or employee arc what i,the nature of tie nteres'' '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code§22-3101. •"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 I a controlling owner in one entity is also a controlling owner in the other entity,or(till 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 aff•cet or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act.Va Code§2.2-3101. Revised f 7.09 2020 5 1 f a g e Tara Ryan Agenda Item 14 Page 12 Disclosure Statement NE, Disclosure Statement Cil.gariiso Planning&Community #- Development • Owner Services Disclosure l Dar.tie Ciwnrr have any existing financing(mortgage,deeds of trust,cross-coUatera ization,etc)or are they considering any financing cav^ection with the subject a'the application or any business operating or to be operated on the property' G=Yes cl•�o • if yes,identfy t'+e financial nctit..tior'c providing the service. 2. Does the Owner have a real estate broker/agent/reaitor'u•cu •el,t and anticipated future sales of the subject property' O Yes t $b • If yet„identify the company and individual providing the service 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the pr npr•r.,,% _Yes 1[ fco • if yes,identify the firm and individ.ia provider$the service •. Does the Owner have services from an architect/landscape architect/land planner provided in connection with Vie subject of the application or any business operating or to be opera:ed on the property'C7 Yes C-116 • it yes,identify the firm and individual providing tire service 5. Is there any other pending or proposed purchaser of the subject property?®Yes tL • If yes,identify tee purchaser and purchase,'s service providers. 6. Does the Owner have a construction tontfaCtOI r ton."e{tion Voth the subject of theapplkafen an"Minns operating or to be operates on the property?C Yes ZI-116 • if yes,identify the company and intrvjoua prcwding the service. 7. Does the Owner have an erglneer/surveyor/agent i g. nn connection with the subject of the application or any business operatin or to be operated on the property?0 Yes Lif'No • if yes,identify the firm and individual providing the service. Revised 11.09.2020 War ' Tara Ryan Agenda Item 14 Page 13 Disclosure Statement Disclosure Statement (IN ilrinaial Dad Planning&Community Development 8. Is the Owner receiving legal services nconnn/nection with the subject of the application or any busine operating a to Pe operated on the property?C Yes D-4-0 • If yes,identify the firm ano individa providing legal the service. Owner Signatu,g cry li'y thdt all of the information contained in this disclosure Statement Form is complete,true,and accurate I understand that, .ipon receipt of notification that the application has been schit uled to public rearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,tBPA,Wetlands hard ar any pub,it body or committer in connection with this application. _ - 04 z_ — Owner Signature Tares R Print Name and Title Id5i1 i? _. Dote 7::213 7IPap Tara Ryan Agenda Item 14 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 Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/ 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. Tara Ryan Agenda Item 14 Page 15 STR VICINITY MAP TARA RYAN oitti-ami-:.,...._ -1-1\i L.....1. .,\:\ I,. V k, ,A .1. ir •;,.."•-,-'s" . ' , ii,,,6 • ,,,:,__ ti i4 01' 400% , ... -_,L.,_.* ie I • i 00111 -..• ..---' i. -- • 1 I. ti - - It _ 1 ' _ i 111 ..1114116„ .. ' ..3111"••fr:r: Y---\ C":1., 1 10171: .'t-dluda*jf 411i , I - '. . • I. "L---3 in •Iiki ii 1 litiorl.makiii • , I.M. :; '; ' . *1 iti, ,..... . . , , ..,,,,,,, v, \ Willia 1, i Ir!MR:•-7.7... '".. int 1.. ,. 10111.- - 't- 1 0-‘'—ik. illar' f c sia„,. „„,...*„...,,,,,.. „, ,._ ..z ,,,, „.,..4 :\,,, :„......„,,0*.t.A... ,, , Short Term Rentals 01, I, - - ` µ� 40 so:a 1•rmia I. , II \\ i k :UP Stabspil _ t' �' '� a �, �� 41 Appuwdr‘l _ t tii !. iV. 3 i • Wnwd � 1 '`` t - ,I I -- I 1. 1Gy1 +,ti I� Und.r Ms.I* ----- Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 14 Tara Ryan (Applicant) Pacific Air 3, LLC (Property Owner) Conditional Use Permit (Short Term Rental) Address: 925 Pacific Avenue RECOMMENDED FOR CONSENT—APPROVAL Mr. Horsley: All right, now item number 14 is Tara Ryan and Pacific Air 3, LLC. Is the representative here? Seeing none. Move forward. Ms. Cuellar: Thank you. Agenda items number 12, 13, 14, and 15 are all application requests for short-term rentals, excuse me, conditional use permits for short-term rentals located in the Oceanfront Resort District. All the conditions are accepted. There is no opposition, and we recommend this for the consent agenda. Mr. Horsley: Thank you Commissioner Cuellar. Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 925 Pacific Avenue and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the 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 the 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. O RJ rest r st - •N / I )l OR i • ; \ ''\ a) OR ' > , o ; :�, //OR c ' Two,. (17 o OW OR '/ Q 4 CD 2/ OR OR / . 2 d stteet 3r N Milton J. Price, Ill W.!',&-i. A site 303 Atlantic Avenue Unit 603 •• V S L Property_Polygons Zoning - m Feet Building 0 1020 40 60 80 100 120 r,,,,„,, , r c........ .; _.� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MILTON J. PRICE, III [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Avenue, Unit 603 (GPIN 24273224031780). COUNCIL DISTRICT 5, formerly Beach MEETING DATE: May 16, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental unit within the Dolphin Run Condominium tower located at 303 Atlantic Avenue. • Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental in a multi- family residential dwelling unit located within Dolphin Run Condominium tower. Several of the units within the condominium complex have received approvals for Short Term Rental Zoning Permits. The surrounding area is a mixture of multi- family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit, in the complexes attached parking deck. According to Section 2303(b)(a)(ii) of the Zoning Ordinance, the Zoning Administrator may allow certain condominium properties which have historically operated as short term lodging units to provide 1 parking space per dwelling unit rather than the 1 space per bedroom typically required for short term rentals. Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. There is no known opposition to this request. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, 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 603, and the Short Term Rental use shall only occur in the principal structure. Milton J. Price, III Page 2 of 4 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the 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 the Revenue's Office and pay all applicable taxes. Milton J. Price, Ill Page 3 of 4 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 Department of Planning and Community Development 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. Milton J. Price, Ill Page 4 of 4 Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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: thy Applicant & Property Owner Milton J. Price, Ill Agenda Item Planning Commission Public Hearing April 12, 2023 City Council District 5,formerly Beach 15 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 1zt"stt�t o0Ve q Lake Approval pinewood Drive'' w Nod olkAvenue 9t"Street - ...--1-----i Staff Planner s Garek Hall Hannigan Ate y v gtteet J ec,Avenue o 6t" Location '=; a St"s► e` 303 Atlantic Avenue, Unit 603 ! `"" `e t 1 Tv i GPIN \_' \; 24273224031780 �--c A,a Site Size o a 45,000 square feet 4.� 6r � `yt1 c . 5 V y Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North .,�,-�' t,,� 4th Street (Connector Park) Multi-Family Dwellings/OR Oceanfront Resort K -f South __ .� - i At' , 3rd Street (Connector Park) "' _1 f Hotel/OR Oceanfront Resort ' at"' feet East a % � : Boardwalk d '� t ....0 ji ir J 1' 4 s i Atlantic Ocean, Beach 1, q, ;i 1 ' iA4 West ,• ii Atlantic Avenue ' Civic Use, Public Use/OR Oceanfront Resort ds,�- T :.,,,'ll ...-.:: - r. „ ' j-i i __,I. i '-‘,.. t . ., -si'V5111 Milton J. Price, Ill Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom unit, located within the Dolphin Run condominium tower, was constructed in 1975. • Staff inspected the site on March 20, 2023 to observe site conditions. • 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 unit, nor has the unit had any prior Short Term Rental activity. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of March 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity \ ‘.0- t:\ 4 ' ---A .,-0;::----,-- ‘ 1' m r_ J'`�� L t I U-- pit \ 1% 1 0 . Ili t% • 1'0 -.0, t 41111112ticrSI Short Term Rentals 14 III 21111111 / • 37-7,:v-n- i ), -i 'l 1.‘ i CUP Status t 1 iii, .,c a+d iir iii Milton J. Price, Ill Agenda Item 15 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental 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. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 4 OR 1 COA(Colocation of Antennas)Approved 02/20/2017 1 2 NON(Enlargement of Nonconforming Use)Approved µt,sato' 04/12/2005 NON (Enlargement of Nonconforming Use)Approved 01/12/1993 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 MOD(Modification of Conditions)Approved 02/14/1995 oR o STC(Street Closure)Approved 02/09/1993 MOD(Modification of Conditions)Approved 06/23/1992 -ems"``` CUP(Outdoor Recreation Facility)Approved 05/26/1992 2T3 CUP(Outdoor Recreation Facility)Approved 03/24/1992 1;W 10 REZ(B-5 to H-2)Approved 06/11/1984 4 CUP(Communication Tower)Approved 03/14/1995 5 REZ(B-5 to H-2)Approved 12/17/1984 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental in a multi-family residential dwelling unit located within the Dolphin Run Condominium tower. The site was constructed in 1975 and is located along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. Since the site is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is expected. Several of the units within the condominium have previously received approvals for Short Term Rentals.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4th Street Connector Park to the north,the 3'Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed- use buildings, and other resort-oriented uses. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and Milton J. Price, Ill Agenda Item 15 Page 3 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 B-12 on the second floor of the attached parking deck. According to City of Virginia Beach Zoning 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 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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 603 and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the 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 Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. Milton J. Price, Ill Agenda Item 15 Page 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the 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 the 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Milton J. Price, Ill Agenda Item 15 Page 5 prescribed by the Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/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 March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023, and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Milton J. Price, Ill Agenda Item 15 Page 6 Site Layout & Parking Plan .---- ‘iiil t = J \ill _ . - i , a *.. A \ _ ././...A ,,__ . , ,..--- -,r-1 • i. ii.:.:""111 P .v,,, s _......... , _ _ , _. v ,,r , .. 0;11P. 111111_ .4. . • i % '‘ -.-,_ ' ._-_ 04 ‘, . .-n „..,, : _, ,,, __, , .. tom, ,, ,,, ,,,,.. -4. _:__ • , \ ? illiw.aws„,1 Vt.: . . ' . g ; `. ' -ter -• cog ii' r 4,ii - t itjj + .4 ... . 9 ' :'‘\ w Sill ' „ k , - . .., _IA - ‘ t. , t\ : „ , . . -.4t /, ..t i- *,_ - _ I 11 -, . -tor_ , ., • t - \ . ,k c Ilk / .i. ' ; - A iti • One assigned space on second 47 - floor of parking deck—B-12 .- -'� �; • • Historical exemption to - requirements; only one space _ ' Ail ''' , , - .. — , needed • — �.—.air, , ., t Milton J. Price, III Agenda Item 15 Page 7 Site Photo f lialir 14/11- .......... - - V .4* iiii....g* • .• 1- - liiiiii "1 VW . ,• • ,, . -• *it ---."-I \ - IMP -I imp, a a • ' . • _ *Na "" t.V . . • :• tear g j4W.1 a a • . • II s i • IP a • lan Viiir i PIW • 111101 t nor I a . , lir - ,,s,„flip. i - a Tr ' 'WIN I IOW il , '1 ,„ ...lir.- irtrWillirr c , 1 I l':-Ai--"VailliallMaillillIMINIMEN • '• 1".,larlidUWW6117.1 I ,,„.... i (. i --- ''' • •di %. or.. -,•'''. .._ ''7' • 'ik '1 ' — 4 :*•+. - 4. - .....:"....". Milton J. Price, III Agenda Item 15 Page 8 Disclosure Statement Disclosure Statement 3 l'ts Th sty 7nA Planning&Community Development Try,^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 b uncil or a City board,commission or other body. Applicant Discl_os Applicant Name htl'ter J. Price Does the applicant have a representative? L.Yes NI No • if yes,list the name of the representative. Is the applicant is corporation,partnership,firm,bi..iness,trust or an unincorporated business? `I Yes ■ No • 1 yes,,ist the names of ali officers,directors,members.trustees,etc.below. {Attach a list if necessary' • If yes,list the businesses that have a parent-se bs►dw so or affiliated business entity2 relationship with the applicant (Attach a list if necessary) '"parent-subsidiary relationship"means"a reat orsn p that exists user one corporation directly or indirectly owns shares possessanq more than 50 percent of the we rg power of another corporation"See State and Local Government Conflict of tnterr•.t; Art,VA.Cc ee✓I 2 2-3101. ?"Affiliated business entity relationship"means'a relationship,other than parent-subsidiary relationship,that exists when(II one business entity has a controlling ownership interest in the other business entity,Cs'a controlling owner in ore entity Is also a controllue owner in the Olivet entity,or(iii)there is shared management cr control between the business ent,bes factors that should be considerod in determiners the existence of an.affiliated business entity relationship include that the same person or substantially ti-e same person own or manage the twn entities:there are corn mon or commingled tunes or assets:'PIP business entities share tt,e use of the same offices or errployees or otherwise snare activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between tyre entities." See State and Local Government Conflict of Interests Act,Va Code 2.2-3101. 1Ila Milton J. Price, Ill Agenda Item 15 Page 9 Disclosure Statement Disclosure StatementNi13 chs 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?Q Yes is No • If yes,what is the name of the official or employee and what is the nature of VW interest? Applicant Services Disclosure 1. Does the appl Cent have any existing financing(mortgage,deeds of trust,cross-collateralisation,etc)or are they considering any financing in cc:rrr erirn with rm.u,bject n1 i" .-ippII arian:3-,31w business operating or to Dr operated on:he trcrrrty? ■Yes Q Na • II yes.idersti'y the financial inxtitatio s providing the serice. Cha4e Mo tgage 2, Does the applicant have a real estate broker/apent/nraRsr for current and anticipated future sales of the subject property? OYes No • If yes,identify the company and irxlividJal providing the service 3 Does the appi cant nave services for amounting and/or preparation of tax returns provided i-sc r nccian with the subject of the application or any business operating or to be operated on the property!■ Yes 1:1 No • tf yes.identify the firm and individual providing the senrice. t h•r .I uhc.apealte.VA 4. Does the applicant have services frart an architect!landscape architect/land planner provided in connection with the subject of the application or any business operating or tp 6L .perated on the property?❑Yes lr No • If yes,identify the firm and individual providing the service. 5. Is there cry other pecans or propcmed purchase:,f thr m.bjr t property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers, 2I Milton J. Price, Ill Agenda Item 15 Page 10 Disclosure Statement Disclosure a emeti1/3 rve fir". Planning&Commun Development 6. Does the ape+itant have a construction contractor:r connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,identity the company and nividueI prarlding the service ]. Does the applicant have an engineer/surveyorf agent in connection wttit the subiect of the application or any business operating or to be operated or the property?❑Yes U MO • If yes,identify the firm and indiv dua prosSdtn`else serviCe- 8. is the aupatant receiving legal services in corr.ect'on with the subject of the appliration or any business operating or to be operated on the property?Li Yes MI No • If yes,identify the firm and indivoual providing rw service. Aodicant Signature certify that all of the information contained in this Disclosure Statement Form Is comp rt, -r,.o ;,r!arrtire'. I L.rderstant:that. upor receipt of notification that the application has been scheduled for e:tbb(hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Plann'rt Commission.City Coancil,Ytit)A,ChPA,Wrtlands Board or any p.iblic body or committee n connection with tun application. Ain/ornet re Privet Name and Title Milton J.Price Date d/13/7o;)3 Is the applicant also thr owner ui the subject propertyt i Yes ❑No • if yes,yo. GG'for need to fill out the owner thsdo ure statement. FOR CITY USE ONLY/All disdciosures must be updated two i2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications A► i No "ngrs as or urnr 5/01/2023 se'm rr , 1 Mai Maras tearek Hall Hannigan Milton J. Price, Ill Agenda Item 15 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. Milton J. Price, Ill Agenda Item 15 Page 12 N. `ti N.,, 1 I CL Q 2 Ur ›— — -11P19t 1 go-- ums 1 Z. tt Z + __lir i _ - ——.'. ii __ ______. __. 41--7----------- s till / ___- 11;ileill..W.u. milii " .4- ..:0.\.../.343-2,-, ' --9* ...i. - ii.,40YAih..H' if tp..-- '4, to- . .. --- -- -.--_--ggit. , ----. .\IP--4.,-. v) ___-ta ,,,: , ....., ,, . '11..?,1 11 Ati\-1!------ —NIN/ ____4,-Iski-- - •,',. lii r -- w Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 15 Milton J. Price, Ill (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 303 Atlantic Avenue, Unit 603 RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Item number 15 Milton J. Price, Ill. Mr. Price: Good afternoon. I'm Milton Price. I'm just representing myself as the owner for short-term rental application. Mr. Horsley: Conditions acceptable? Mr. Price: Yes sir. Mr. Horsley: Thank you sir. Any opposition to this item? We have asked Ms. Cuellar if she would read the four short-term rentals into the record. Ms. Cuellar: Thank you. Agenda items number 12, 13, 14, and 15 are all application requests for short-term rentals, excuse me, conditional use permits for short-term rentals located in the Oceanfront Resort District. All the conditions are accepted. There is no opposition, and we recommend this for the consent agenda. Mr. Horsley: Thank you Commissioner Cuellar. Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 603 and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the 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 the 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. IIIP 1 O R ' OR . / 0;R \ / .1. \ 1.00....°..°..11 \ _____________-_----_____, �h s eettr 40 N Suite Frances Robbins Oman w7A01& ,.: 4005 Atlantic Avenue, `�`� • VA; Site Unit 217 s j �', Property_Polygons QZoning m miNFeet Building 0 5 10 20 30 40 50 60 �' JJ (.f7L-• )1,: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANCES ROBBINS OMAN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit 217 (GPIN 24280514484090). COUNCIL DISTRICT 6, formerly Beach MEETING DATE: May 16, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a one-bedroom Short Term Rental unit within the Oceans II Condominium complex located at 4005 Atlantic Avenue. • Considerations: The applicant is requesting to operate a one-bedroom Short Term Rental in a multi- family residential dwelling unit located within Oceans II Condominium complex. Several of the units within the condominium complex have received approvals for Short Term Rental Zoning Permits. The surrounding area is a mixture of multi- family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. There is one assigned parking space associated with this unit, in the complexes parking lot located across from the complex. This satisfies the required 1 parking space per bedroom required for short term rentals. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. There is no known opposition to this request. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, 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 4005 Atlantic Avenue, Unit 217, and the Short Term Rental use shall only occur in the principal structure. 2. An annual 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. Frances Robbins Oman Page 2 of 4 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241 .2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the 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 the 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- Frances Robbins Oman Page 3 of 4 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 Department of Planning and Community Development 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 and Community Development 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 Frances Robbins Oman Page 4of4 company and be documented on a form prescribed by the Department of Planning and Community Development 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 Department of Planning and Community Development 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. �1 Submitting Department/Agency: Planning Department s City Manager: /, e� Applicant and Property Owner Frances Robbins Oman Agenda Item Planning Commission Public Hearing April 12, 2023 City Council District 6,formerly Beach 12 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation - 481HSt Approval erg`O`�NYN st AEP 45TH5 Staff Planner sz Garek Hall Hannigan ,aosT oo° Location - `p. 4005 Atlantic Avenue, Unit 217 s . sn woo G P I N <<ti, ; 24280514484090 4ts04, i___.00, \ Site Size W gS C 14,500 square feet ' �.S1_ 1 gNe�OO R, ; ao1� oxf � i , Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts 4 , North Multi-family dwellings/OR Oceanfront Resort ,,. ;f___-_ . Iv • South ,� izs, lost , f 40th Street (pedestrian beach access), hotel/ .�. �1 OR Oceanfront Resort • East -L Public beach of the Atlantic Ocean/OR ,a -7 .7,.. , , , .... .• Oceanfront Resort ' West 'ter :��i Atlantic Ocean j/ !� 1. 9 � Multi-family dwellings/OR Oceanfront Resort ,. 9 �._ 0051 / Ar - . 1-1 \:::- - . ,A.--I,-\ { yr, ` - . \: v Frances Robbins Oman Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 14,500 square foot parcel contains the Oceans II Condominiums and is located in the Oceanfront Resort District. • According to City records,Oceans II Condominiums includes 42 condominium units constructed in 1976. However, a portion of the building, previously operated as a motel, was constructed in 1956. • There are a total of 42 designated parking spaces within walking distance of the property.Twenty-two of these spaces are located in a parking lot across the street (40th Street connector park)to the south adjacent to the Holiday Inn. The remaining 20 parking spaces are located in a lot diagonally across the street from the condominium development. Each condominium unit is assigned one parking space. • On-street parking is not permitted on this portion of Atlantic Avenue. • Thirteen Conditional Use Permits for Short Term Rentals have been approved on this site by the City Council. • No past zoning violations were found on this property. • Known short term rental activity as of March 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Frances Robbins Oman Agenda Item 12 Page 2 Short Term Rentals in the Vicinity 'MI Ili itVt 111111 9 IN I 01 t i IS 0 -e ' IC---- Ot- r - 11� - 'sue- • Ili." :et ‘ -_ d 1IP '4 lifik *- a Short Term Rentals 7—.."-'--,111,,; t _ I9Lt i ,,, • ,„.,,, * 2,,,0:_,.,--.. VA 'cl:j2k----\ Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental 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. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 Frances Robbins Oman Agenda Item 12 Page 3 i/ \ �Th�' is, \\ ,\ Zoning History t, , C\\ \ # Request \\ , 1 CUP(Short Term Rental)Approved 10/18/2022� ' °� ��\ ; CUP(Short Term Rental)Approved 07/12/2022 R u' \ CUP(Short Term Rental)Approved 06/07/2022 I �j�� \ CUP(Short Term Rental)Approved 05/17/2022 ,,,. ; i. CUP(Short Term Rental)Approved 03/01/2022 % /_ 1 CUP(Short Term Rental)Approved 11/17/2020 CUP(Short Term Rental)Approved 08/25/2020 ` CUP(Short Term Rental)Approved 08/25/2020 , \ \ CUP(Short Term Rental)Approved 08/25/2020 F \\ \ CUP(Short Term Rental)Approved 08/25/2020 �� ,\ E\..\ CUP(Short Term Rental)Approved 08/25/2020 Rti s a CUP(Short Term Rental)Approved 02/04/2020 \-! '� V CUP(Short Term Rental)Approved 02 04 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 proposed Short Term Rental unit is located in the Oceans II Condominiums, directly adjacent to the public beach, and at the northern terminus of the boardwalk,where short term rental use is to be expected.Thirteen Short Term Rental Conditional Use Permits have previously been approved on the property. The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial and resort-oriented uses. 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 resort and will enable the Resort Area to become a more walkable community. Thus,the use of the dwelling as a short term rental helps achieve this goal by providing diverse lodging opportunities for the visitors or travelers wanting the Resort Area experience. There are two off-site parking lots nearby dedicated to Oceans II Condominiums, as shown on the parking plan provided in this report.The applicant has one assigned parking space in the parking lot,thus, fulfilling the parking requirement. While the required parking space is off-site, per Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 217 and the Short Term Rental use shall only occur in the principal structure. 2. An annual 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. Frances Robbins Oman Agenda Item 12 Page 4 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the 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 Department of Planning and Community Development 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 the 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 the 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. Frances Robbins Oman Agenda Item 12 Page 5 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. Frances Robbins Oman Agenda Item 12 Page 6 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023, and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 30, 2023 and May 7, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 12, 2023. Frances Robbins Oman Agenda Item 12 Page 7 Site Layout & Parking Plan t . .-. .- daminiums � r leans 11 a _�.� t� ,., O �. i r� {LL 46.11E44‘ - - Assigned Parkingt • Space#5 - e ` st- , -4 , --____ _ 4-i- - c:-:; -- - - , ,� ,� vim: � � [� 1n .: a - • 3r(n 1.ot1 r I P iii, tel �r - • One assigned space in the --- . , 3 Fialidall'nn Hole . , parking lot \'' • • Historical exemption to \ .. R requirements; only one space needed `' ice \ .. Frances Robbins Oman Agenda Item 12 Page 8 Site Photo L., immogr- f „oioe„.iiior,.ii„......_______. __ , , , . II. .... —4IL `1 • stet._ ^ 416 a. NA . 7.'... . , { ,..._�., ,rya->. 1 - p 1m';. ". _ ,Iiip 1111,..z..1hei ifiT--,-T--s; ,---sui Atilir -- . • 1 ' I R- " . .:...:44,t—V4,\',--1-7 ja—A7. ' - ' .410',...i 1 k.,. .0 ......„,,c ,A,„...... _ _. .. ___ . _ _ _.__ .... _ . .,... _._ • _ — _•,, - ... , .. _ _ „..:,-„,#•-•_ = •• • . . , . ,....., ,. .. . ,..... .. i ' . .,,, 1a. .. . ::,:,-,,z.---..-..,,---,:- --.,•1,,,..-.;....,....•:-: -.:..v.itt-, ., ` -., , ,...,-,-,,,,,,,;,, , . ..�Y i^ry '"' ,--,- r - . Frances Robbins Oman Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement fay,A i.q ii:asis Planning&Co • it Develop _ The disclosures contained in this form are necessary to nforrr public officials who may vote on the application as to whether they have a conflict of interest under Virg nia law. The completion and submission of this form is req.r=red for all applications that pertain to City real estate matters or to the development and/or use of prooe•ty in the City of Vorg nia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name "i 1 +k &CS 12hg • Orna4A, Does the+ppliunt have a representative? ❑Yes ENO • f yes,list the name of the representbt ye is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes l!d luo f• If yes,list tr a names of al'officers,directors,members,trustees,etc below. (Attach a list;f necessary; PciV • If yes.I st the businesses that nave a DO runt subsidiary'or affiliated bus r,ess entity2 relatior•ship with the applicant. (Attach a,itt i`ni:cessa►yJ Pik• '"Pare"t-subs,d ary relationship"means"a relationship that exists when one corporation d redly ce indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and l ocal Government Conflict of interests Act,VA.Code§2.2-3101. "Affiliated bos:noess entity relationship"means'a relationship.other than parent-subsidiary relat onship,that exists when(il 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 i^elude that the same person or substantially the same person own or manage me two entities;there are common or comrr,ingled funds or assets:the bus ness entities share the use of the same offices o,employees or otherwise share activities,resources or personnel on a re4.lar basis;or there Is otherwise a dose working relationship between the entities.' See State and Inca,G7vr.rnment Conflict of Interests Act, Code§2.2-3101. Revise°11 09.2020 1 I P a g c Frances Robbins Oman Agenda Item 12 Page 10 Disclosure Statement Disclosure Statement Planning&Community: DeveIopru Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beech have an interest in the subject Nand or arty proposed development contingent on the subject public action?❑Yes El No • I'yes,what is the nacre of the otf=t'el or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicart f•ave any existing financing(mortgage,deeds of trust,truss-collattralitatlon,etc)or are they considering any financing t connection with the subject of the application or any business operat,ng or to be operated on tie prnpr-ty i Yes No • it yes,ioentify the financial institutions providing the service. 1. Does the appli rt have a real estate broker/agent/reattor for ctr=ent and anticipated future sates of the subject property? Yes C No • If yes,identity tne co.^.^.pany a^d.ndivrdual orav:ding the serv.ce. 3. Does the applicart have se•vrr.ea to,accounting and/or preparation of tax returns provided connection with the subject of the application or any business operating or to be operated on the property?❑Yes 2/No • If yes,identify the firm and norvidu+al providing the service. 4. Does the applicant Lave services from an arthitect/tandscape architect/land planner provided ir.connection with the subject of the application or any business operating or to be operates on tie pr Cpe rt D Yes (d No • If yes,identify the firm and individual providing the servtce. 5. Is there ary other pending or proposed purchaser of the subject property r Yes 12 No • If yes,identity tne purchaser and p srchasr_is service pr0v16ers. Reviser'!I-t?$101U iI ; ,, Frances Robbins Oman Agenda Item 12 Page 11 Disclosure Statement Disclosure StatementNai3 Planning&Community Development • 6. Does the applicant have a construction contract r in connection with the subject of the application o'any business operating or to be operated on the property'0 Yes Ca No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in con-,e to-vi th the:,.bier.o`the application or any business operating or to be operated on the property?0 Yes No • If yes,identty the firm ana individual provid ng the service. A Is the applicant receiving legal services in cfpr nectinn :he sub_e t of the application or any business operating or to be operated on Use property?❑Yes (3 No • It yes,tdentdy the firm ano individual providing the service. Applicant Signature certify that*II of the information contasned In this Disc:osuce Statement Form is complete,true eau accurate. I understand that; upon receipt of notification that the application has Peen scheduled rot public hearing,I am responsible for updating the info .atlon provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board oiranylpubllc, dy or committee in connection with this application. 1 nt Signature ▪ knCegSZ/1161041S DVM41 0‘&)vie/12— Print Name and Tide is the applicant also the owner of the subject property? Yes ❑No • '1 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 chances as of ism • 5/01/2023 �-= ;c.."��ya... nnrt Nam. Garek Hall Hannigan Re vi'sed 21_09.2020 3 t"a Frances Robbins Oman Agenda Item 12 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 Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. Frances Robbins Oman Agenda Item 12 Page 13 ,Il.1, • 1■ l l r �. I l � -. f NH►Lh�;Hula... I I., ` ,�Nr 1 1 V.--'..— ' . 11%. If poioataitty • "- -l4 61111 S Iowa a «ual 1Jo yS Z 1 \ ( -I 9 . - 'ff-":, h*, ilk f_..„.,__:„ \„. „,,,-,.. .. - ,100110011-.. _<4r,+ 1 - if 1 \'111.A -iii:-.A .: . .,-. ,„ _,,-;..-Xtv.,,,._ 10--- '' ' \'‘)..git. �r ifi t - 1 'tip i tilly": ••--\,. 4 7.?, ii __ .0 ,. iiik ' _ \\ „-k. 5f\i', '0.,11., . -- \ i, _.,,A - lcop „ -Otto' , ,,.A.--egs.---...rolif NVW0 SNI9901:1 S3DNVIJJ &VW AJI N IJIA LLS Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 12 Francis Robbins Oman (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) Address: 4005 Atlantic Avenue, Unit 217 RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: The next agenda items are number 12, 13, 14, and 15, all of which are short term rentals, the first one is item 12, Frances Robbins Oman. Is there any representative? Come down. Ms. Oman: Hello, I'm Frances Robbins Oman, the owner. Mr. Horsley: You accept the conditions? Ms. Oman: I do. Mr. Horsley: Thank you. Ms. Oman: Thank you. Ms. Cuellar: Thank you. Agenda items number 12, 13, 14, and 15 are all application requests for short-term rentals, excuse me, conditional use permits for short-term rentals located in the Oceanfront Resort District. All the conditions are accepted. There is no opposition, and we recommend this for the consent agenda. Mr. Horsley: Thank you Commissioner Cuellar. Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 217 and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the 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 Department of Planning and Community Development 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 the 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 the 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 Department of Planning and Community Development 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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 5.3.7 OF THE OCEANFRONT RESORT FORM-BASED CODE PERTAINING TO TEMPORARY COMMERCIAL PARKING LOTS. MEETING DATE: May 16, 2023 • Background: Temporary commercial parking lots are permitted as a limited use in specific areas of the Oceanfront Resort District. Perimeter landscaping for temporary commercial parking lots and surface treatment in accordance with Section 203(b)(5) must be provided. As currently written, the ordinance limits the operation of temporary commercial parking lots to one year. No extensions are currently permitted. This ordinance amendment seeks to provide a solution for the temporary reduction in parking in the resort area expected through 2026 due to construction associated with the Atlantic Park project. This amendment originally proposed to amend the Oceanfront Resort Form-Based Code to allow the Director of Planning to permit up to two (2), one-year extensions for temporary commercial parking lots with approval from the Resort Management Office. After meeting with the Resort Advisory Commission's Transportation, Parking, Pedestrian Committee (TPPC) and the Planning & Design Review Committee (PDRC), staff updated the ordinance to permit up to two (2), one-year extensions for temporary commercial parking lots through December 31, 2026; after which date, no extensions would be granted. This date is based on the anticipated completion of construction for Atlantic Park, after which additional public parking will be available. • Considerations: This ordinance aims to balance the parking needs in the resort area over the next three years with the desire for quality-built parking by allowing the operation of temporary parking lots to be extended beyond the one year currently permitted, but no longer than December 31 , 2026. This amendment would not change where temporary commercial parking lots are permitted or the landscaping requirements for such lots. City of Virginia Beach —Temporary Commercial Parking Lots Page 2 of 2 This ordinance would also update the sections referenced for requirements for surface treatment based on updates to those reference documents. No substantive changes to the requirements for surface treatment are proposed. If approved, this Ordinance would amend the Oceanfront Resort Form-Based Code to permit up to two (2), one-year extensions for temporary commercial parking lots through December 31, 2026. Further details pertaining to the ordinance, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. The Resort Advisory Commission voted to support the amendment. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 8-0 to recommend approval of this request. • Attachments: Staff Report Letter of Support from the Resort Advisory Commission Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department C{" City Manage �/�' 1 AN ORDINANCE TO AMEND SECTION 5.3.7 2 OF THE OCEANFRONT RESORT FORM- 3 BASED CODE PERTAINING TO 4 COMMERCIAL PARKING LOTS, 5 TEMPORARY 6 7 Section Amended: § 5.3.7 of the Oceanfront 8 Resort Form-Based Code 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 5.3.7 of the Oceanfront Resort Form-Based Code is hereby 17 amended and reordained to read as the following: 18 19 Sec. 5.3.7 Commercial Parking Lot, Temporary 20 21 A temporary commercial parking lot is permitted as a limited use in accordance with the 22 following: 23 24 A. Temporary commercial parking lots are not permitted: 25 26 1. North of Pinewood Road/32nd Street and west of Pacific Avenue; 27 2. South of Virginia Beach Boulevard/17th Street, west of Pacific Avenue, 28 and north of 14th Street; 29 3. North of 22nd Street, west of Pacific Avenue, and south of 28th Street (as 30 extended to Baltic Avenue); and 31 4. East of Atlantic Avenue. 32 33 B. Perimeter landscaping meeting the requirements of Sec. 5A of the Site Plan 34 Ordinance must be installed, and 35 temporary surface treatment in accordance with the temporary 36 parking lots in the Public Works Standards Manual Section 203(b)(5) of the 37 Zoning Ordinance must be provided. 38 39 C. Where allowed and approved, a temporary commercial parking lot may only be 40 permitted for one calendar year. Up to two (2) one- 41 year extensions may be granted by the Planning Director until December 31, 42 2026, at which point no extensions may be granted. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Gtii lit-.� P)0an. C?`k.) anning Department City Attorney's Office CA16122 R-3 April 4, 2023 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing April 12, 2023 Temporary Commercial Parking Lots1 Virginia Beach Request An Ordinance to amend Section 5.3.7 of the Oceanfront Resort Form-Based Code pertaining to Temporary Commercial Parking Lots. Summary of Request This ordinance proposes to amend the Oceanfront Resort Form-Based Code to permit up to two (2), one-year extensions for temporary commercial parking lots through 2026. Temporary commercial parking lots are only permitted as a limited use in specific areas of the Oceanfront Resort District. More specifically,temporary commercial parking lots are not permitted: • North of Pinewood Road/32nd Street and west of Pacific Avenue; • South of Virginia Beach Boulevard/17th Street, west of Pacific Avenue, and north of 14th Street; • North of 22nd Street,west of Pacific Avenue, and south of 28th Street (as extended to Baltic Avenue); and • East of Atlantic Avenue. Perimeter landscaping for temporary commercial parking lots must meet the requirements of Section 5A of the Site Plan Ordinance. Surface treatment in accordance with Section 203(b)(5) must be provided. As currently written,the ordinance limits the operation of temporary commercial parking lots to one year. No extensions are currently permitted. This ordinance amendment seeks to provide a solution for the temporary reduction in parking in the resort area expected through 2026 due to construction associated with the Atlantic Park project. This amendment originally proposed to amend the Oceanfront Resort Form-Based Code to allow the Director of Planning to permit up to two (2), one-year extensions for temporary commercial parking lots with approval from the Resort Management Office. After meeting with the Resort Advisory Commission's Transportation, Parking, Pedestrian Committee (TPPC) and the Planning & Design Review Committee (PDRC), staff updated the ordinance to permit up to two (2), one-year extensions for temporary commercial parking lots through December 31, 2026; after which date, no extensions would be granted. This date is based on the anticipated of construction for Atlantic Park, after which additional public parking will be available. This ordinance aims to balance the parking needs in the resort area over the next three years with the desire for quality- built parking by allowing the operation of temporary parking lots to be extended beyond the one year currently permitted, but no longer than December 31, 2026. This amendment would not change where temporary commercial parking lots are permitted or the landscaping requirements for such lots. City of Virginia Beach Agenda Item 1 Page 1 This ordinance would also update the sections referenced for requirements for surface treatment based on updates to those reference documents. No substantive changes to the requirements for surface treatment are proposed. If approved,this amendment would amend the Oceanfront Resort Form-Based Code to permit up to two (2), one-year extensions for temporary commercial parking lots through 2026. Recommendation Staff recommends approval of this Ordinance as it will allow additional parking solutions in the Oceanfront Resort District. City of Virginia Beach Agenda Item 1 Page 2 Form Based Code — Parking Lots ♦ \U1 `. 11N 110 „,�� "'r`tior ♦ "'4,00 "`� _ OCEANFRONT RESORT DISTRICT 4 . , ,_04' ' -';"0 t ' • ':•• , \,_ e __,.... '� ''ij� -�, ,, COMMERCIAL PARKING LOTS >.., ,`.•�: `. RESTRICTED 'ail"' �' 1 •. 00:004L/ vM_O • i* '10 DECEMBER 5.2O17 1- PA_RtKv- t Iv r' AAA ik7 \ _ (2....) , ._--- 1,) _ , t._ Q ---- „I ' .___.,' 4''C'<, ,AF.414*IfilAw- **or. lit rif.,,__,- . --\ti- \ . ,,�� ,iii ��tr.. ,f1 A 11,-v..1 .1_.../3 -i __----'- \ 44 ii. s 10 oiiiV 0 114:1‘1_6-\"°11%``‘.:vivit_,..tiltit. 74. \ : _, yiati4044.....srit7rikhi. •'itif *4i B EA H to i t\ r ` ifiti I-. liar 4i � 1n t{11 orm.f11t,*1\ ,\t . ?IflH�jyytlf. Nt11111\: 1111\l .,•4 ri us -f i1Nf� 11Ut1, _�...r 11uft_ ,., tti,; ` ` `S.t ct l 1-264 '''+— ..,L 1tN -�_- , �,IR�tIIilttI=� ; � 1t►: j1iti� IIIIlp11+t: 4 s -ti r:1f11' till I IIU vg. si r0 t \itIV.-�•111•3+•ttttl3i*vii;_ 11 S \ �'ty 1 'Ultl .tt.11'i. i • \h� \ 7 .i � I. :a v � �tt7a�i 1\t i II\ . / wt •�•„S\tttlr r11111: i' U111t,. _ j till 1 ,1i1t111 `ua.. -c:i ii`II�1 i '' LEGEND , 1 IF .,,,,r-7:on.. -.,‘, ob. . ---, ,„ I s ;., : ii,.., ,,,,,.+ \. - It ii.r.lifi,oa. ; * , , COMMERCIAL PARKING r ,: e•11�,ssfsff�•a`if� go' Ir• .; ` LOTS RESTRICTED{Sec. ,� \U1:;` s- s...ss.-1,,0,i,,-- ,.. 5.3.6 _ 10i.tA spa• ',A, E ar•nv Cm ,s�a i>' r- , ,�i.siaµp.iitrit TEMPORARY COMMERCIAL �.rs'r.,ca,,,,,,„,,,,,,, sf's \ Il��lt�' PARKING LOTS RESTRICTED ;f z--t _� 1_ {Sec.5.3.l "-- •ns nits,s } �,•t:t,.t•,i-4 ,1.7 e,ti t-i e .,,:i..., ins �:t n.a smash to Me,=�:. '1 '.•Stares yraearertatA or Unmake a patois At ire arrt spaaS rox er ViBe CREATIVE DISTRICT ae,,v1dp.rdiffl,verfel TM MOO;:xxn U4,d g'..Cry d UIna Beats Wgne. la 1 -*MAW try.he 1e rrer NO,Pitying DepJ1m 1 ant.-*MSS to naper,n b,.+o gam. t+;. OCEANFRONT RESORT tate is Neap nom '- nave tel arty r#.xa n:Tant4,.s,asi s- ms Myrna., mr+eoa w crap-rtesiseofaxrdr+rMeMo toeo;nap MAct§cs',GSMat!sat. 1 DISTRICT 7ertir*a e:t r:.:t ,e:a.--atf of I,s.. 'an,reirrm.:t w+fists.t,,»- t� City of Virginia Beach Agenda Item 1 Page 5 April 7, 2023 Ms. Hannah Sabo, Zoning Administrator Planning & Community Development City of Virginia Beach Planning Administration Division 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 Subject: Letter of Support for Zoning Ordinance Amendment for Temporary Commercial Parking Lots in the Resort Area Dear Ms. Sabo: At its April 6, 2023, meeting the Resort Advisory Commission (RAC) heard a presentation concerning a proposal to amend the current ordinance for temporary commercial parking lots to offer two (2)one-year extensions to their previous one-year operational period, with a sunset date of December 31, 2026. The amendment is proposed to alleviate the eminent loss of parking spaces at 19th Street and some on-street parking until the Atlantic Park project is complete (anticipated completion date is December 31, 2026). Additional parking opportunities are still under consideration. During discussion, the RAC agreed that the city explore additional requirements to be added to the temporary lots' requirements, should the need arise to address any issues that might develop from an increase of temporary commercial parking lots under this amendment. A motion was carried unanimously to support the amendment as presented. If you need additional information, please contact me either via phone(757)335-1233 or via email: bj@rockafellers.com. Sincerely, Elizabeth "BJ" Baumann RAC Chair cc: Taylor V. Adams, Deputy City Manager& Director, Dept. of Economic Development Kathy Warren, Interim Director, Planning & Deputy Director, Dept. of Economic Development Nancy Heiman, Director, CVB Lisa S. Bleakley, Administrator, Resort Management Office Brandon Hackney, City Planner III, Planning & Community Development Robin Hart Resort Management Office 2101 Parks Avenue, Ste. 302 Virginia Beach VA 23451 Phone: 757-385-6634 EM: rohart@vbgov.com Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 1 City of Virginia Beach—An Ordinance to amend Section 5.3.7 of the Oceanfront Resort Form- Based Code pertaining to Temporary Commercial Parking Lots. RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you Mr. Chairman. We have several items on our consent agenda this morning. We'll start out with item number one as City of Virginia Beach, it's an Ordinance to Amend Section 5.3.7 of the Oceanfront Resort Form-Based Code. And we're going to ask Zoning Administrator Hannah Sabo to read that. Ms. Sabo: Good afternoon. This Ordinance proposes to amend the Oceanfront Resort Form-Based Code to permit up to two one year extensions for temporary commercial parking lots through 2026. Temporary commercial parking lots are permitted as a limited use and specific areas of the Oceanfront Resort District, perimeter landscaping and surface treatments are required for these commercial temporary parking lots. As currently written, the Ordinance limits the operation of these temporary commercial parking lots to one year, and no extensions are currently permitted. The Ordinance amendment seeks to provide a solution for temporary parking for the temporary reduction in parking in the resort area expected through 2026 due to the construction of the Atlantic Park Project. If approved, this amendment would amend the Oceanfront Resort Form-Based Code to permit up to two one year extensions for temporary commercial parking lots through 2026. The date is based on the anticipated construction for Atlantic Park, after which additional parking spaces will be available and the Resort Advisory Commission has written a letter of support for this amendment and staff does recommend approval. Mr. Horsley: Thank you. Is there an opposition to this application? Hearing none, we'll move forward. Mr. Horsley: Now I'll go back over the consent agenda. Item number one, City of Virginia Beach, item number two and three, Princess Anne Village, LLC, item number seven and the eight, Wynn Minwer and Julia Subeh, item number nine Christina Danielle Patterson. Item number 11 Bold Beauty Ink. LLC. Items number 12, 13, 14, and 15 short-term rentals. Mr. Chairman, I will make a motion that we approve the consent agenda as read. Mr. Alcaraz: Thank you. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Is there any abstaining? None. Madam Clerk: I'm sorry, who made the second? Mr. Plumlee. Okay, thank you. Vote is open. By a recorded vote of eight in favor, zero against agenda items number one, two, and three, seven and eight, nine, 11, 12, 13, 14, and 15 have all been recommended for approval by consent. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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/weblink/register/r19d396830aec39721 d59313f5420d689 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on May 16, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:05/02/2023 PAGE: 1 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN I. CITY COUNCIL RECONCILIATION A. FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) Operating and Capital Budgets II-IV CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 18,2023 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 19,2023 3. FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 25,2023 4. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y April 25,2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—Bike Month Walter Camp and Amy Frostick accepting 2. PROCLAMATION—Mental Health Awareness Month Dr.Joyce Harvey 3. RESOLUTION IN RECOGNITION Alfred Jacocks I. PUBLIC HEARING 1. Ordinance to AMEND the City Code Section 10- 2 SPEAKERS 1.1 re ADD the Kempsville Area Library as a location for Absentee Voting in person ADD Ordinance to AUTHORIZE the City Manager to ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON TRANSFER existing appropriations from Vacancy Savings within the FY2022-23 Operating Budget re as necessary to cover expenditures related to the tornado on April 30,2023 ADD Ordinance to CONFIRM the Declaration of a ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Local Emergency re due to the severe thunderstorms and tornado on April 30,2023 K.1. Ordinance to AUTHORIZE the acquisition of an ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agricultural Land Preservation(ARP)easement CONSENT from Morris Neck Farms, LLC (102.14 +/- acres), the issuance by the City of its contract obligation in the maximum principal amount of $1,305,349 and TRANSFER funds to purchase U.S.Treasury STRIPS CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:05/02/2023 PAGE: 2 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A OOE ITEM# SUBJECT MOTION VOTE I R YBK DENRNN K.2. Resolution to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE an Agreement with localities of CONSENT Region 5 re pursue grant funding from the Virginia Opioid Abatement Authority (Requested by City Council) K.3. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $18,500 from the Virginia Department of Social CONSENT Services to the Adult Protective Services Program in the Department of Human Services re purchase of technology,materials, resources, and staff training to improve the Adult Protective Services Program K.4. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $12,631 from the Virginia Department of CONSENT Behavioral Health and Developmental Service (DBHDS)to the Child and Youth Program in the Department of Humans Services re support the Children's Mental Health Initiative K.5. Ordinance to ACCEPT and APPROPRIATE a ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $2,000 Grant from the Virginia Department of CONSENT Behavioral Health and Developmental Services (DBHDS)to the Department of Human Services re peer recognition event K.6. Ordinance to TRANSFER$410,970 from General ADOPTED,BY 11-0 YYY Y Y Y Y Y Y Y Y Fund Reserve for Contingencies to FY2022-23 CONSENT Office of Voter Registration and Elections Operating Budget re fund the June primary elections K.7. Ordinance to TRANSFER $204,179 from the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Police Department Operating Budget to Capital CONSENT Project #100446, "Various Buildings Rehabilitation and Renewal Phase IV" re construction of a ballistics room ADD Ordinance to CONFIRM the Declaration of ADOPTED,BY 11-0 Y Y Y" Y Y Y Y Y Y 1' Y ON a Local Emergency re due to the severe CONSENT thunderstorms and tornado on April 30, 2023 ADD Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ON TRANSFER necessary funds from vacancy CONSENT savings within the FY2022-23 Operating Budget re to cover expenditures related to the tornado on April 30,2023 L. APPOINTMENTS RESCHEDULED BYCO N S E N S 11 S BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:05/02/2023 PAGE: 3R H H C L HOR A H T W " U E L EMR U A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A OOE ITEM# SUBJECT MOTION VOTE I R Y B K DENR N N URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE ACTIVE TRANSPORTATION ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE George Alcaraz— Represents Planning Commission 3 Year Term 5/2/2023—4/30/2026 PARKS AND RECREATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y V COMMISSION Debbie Wiggins— Represents District 4 Unexpired Term thru 2/28/2026 PLANNING COMMISSION Appointed: 11-0 Y Y Y Y V V }' Y V V Y Kathryn Byler— Represents District 4 4 Year Term 5/2/2023—4/30/2027 CITY COUNCIL LIAISONS: Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y PPEA PLANNING ADVISORY TEAMS: PRINCESS ANNE HIGH SCHOOL Joash Schulman Jennifer Rouse I3AYSIDE HIGH SCHOOL Vice Mayor Rosemary Wilson N.D."Rocky" Holcomb BETTY F.WILLIAMS ELEMENTARY Dr.Amelia Ross- SCHOOL/BAYSIDE 6th GRADE CAMPUS Hammond Chris Taylor M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 6:30 PM OPEN DIALOGUE 2 SPEAKERS 6:37 PM CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S DATE:05/09/2023 PAGE: 1 R H H C L HOR A H T W W U E I. EMRU A I O CDNCMMOL Y L O CYL 0 IOUML S T AGENDA HE EMCN S A OOE ITEM# SUBJECT MOTION VOTE I R YBK D E N _ R N N II. FY2023-24 RESOURCE MANAGEMENT PLAN 1. RECONCILED PROPOSAL a. FY2023-24 OPERATING BUDGET ADOPTED 8-3 Y Y N Y Y }' Y Y N Y N 1. Ordinance to APPROPRIATE$3,480,472,315 consisting of$668,045,496 in inter-fund transfers,$266,328,271 for internal service funds,and$2,546,098,548 for operations for Fiscal Year beginning July 1,2023 and ending June 30,2024 2. Ordinance to ESTABLISH the Tax Levy on Real Estate for FY2024 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2024 4. Ordinance to AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5. Ordinance to AMEND City Code Sections 35- 64 and 35-67 and to ADD Section 35-69.1 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons 6. Ordinance to AMEND City Code Section 37-7.1 re Water Capital Recovery Fees 7. Ordinance to AMEND City Code Section 2-411 re create the Department of Emergency Management and set forth the functions thereof 8. Ordinance to AMEND City Code Section 21- 240 re reimbursement for expenses incurred from emergency response to DUIs and related incidents 9. Ordinance to AMEND City Code Sections 35- 253 and 35-254 re local telecommunications service taxes 10. Ordinance to AMEND City Code Section 31-39 re Waste Collection Fee to increase the waste collection fee for such services commencing July 1,2023 11. Ordinance to AMEND City Code re Water and Sewer Fees h. ORDINANCE THAT AMENDS CITY ADOPTED 8-3 Y V N V V V } Y N V N POLICY I. Ordinance to REPEAL and UPDATE various City Code Sections re Modernize Human Resource Policies CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:05/09/2023 PAGE: 2 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN c. FY 2023-24 CAPITAL BUDGET ADOPTED 8-3 Y Y N Y Y Y Y Y N Y N 1. Ordinance to ADOPT the FY2023-24 through AMENDED FY2028-29 Capital Improvement Program (CIP)and APPROPRIATE$375,640,111 re FY2023-24 Capital Budget,subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$62,460,057 re various public facilities and general improvements 3. Ordinance to AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$6,399,140 4. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$26,030,000 5. Resolution AFFIRMING the City's commitment to fund the Locality Share of Projects and PROVIDE Signature Authority for projects under agreement with the Virginia Department of Transportation III. ADJOURNMENT 7:09 PM