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HomeMy WebLinkAbout7-11-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M BOBBY DYER At Large 114 A BEg VICE MAYOR ROSEMARY WILSON-District 5 ,e:.r c PiS'G MICHAEL F BERL UCCHI—District 3 � ' � BARBARA M HENLEY-District 2 O Air N D ROCKY HOLCOMB-District 1 ? �y ROBERT W WORTH REMICK-District 6 DR AMELIA N ROSS HAMMOND-District 4 t '�' r;;:s, ,: ? JENNIFER ROUSE-District 10 .194. JOASHUA F JOASH SCHULMAN-District 9 CHRIS TAYLOR-District 8 SABRINA D WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA DUHANEY VIRGINIA BEACH VIRGINIA 23456 CITYATTORNEY-MARK D STILES CITY COUNCIL AGENDA PHONE(757)385 4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385 5669 CITY AUDITOR-LYNDON S REMLAS July 11,2023 EMAIL CITYCOUNCIL@VBGOVCOM CITY CLERK-AMANDA BARNES MAYOR ROBERT M "BOBBY"DYER PRESIDING I CITY COUNCIL'S BRIEFINGS - Conference Room- 1 00 PM A NAVAL AIR STATION OCEANA UPDATE Captain Steven Djunaedi, Commanding Officer B MICRO-TRANSIT PILOT PROGRAM UPDATE 1 30 PM Ray Amoruso, Chief Planning&Development Office—Hampton Roads Transit(HRT) C ROADWAY SAFETY UPDATE 2 00 PM LJ Hansen,Director—Public Works (Requested by City Council) D NEIGHBORHOOD TRAFFIC CALMING PROGRAM 2 30 PM Richard Lowman,Traffic Engineer—Public Works (Requested by Mayor Dyer and Council Members Berlucchi and Holcomb) II CITY MANAGER'S BRIEFING A VOTER REGISTRAR&ELECTION SPACE 3 00 PM Monica Croskey Chaparro,Assistant City Manager Kevin Chatellier, Director—Budget&Management Services III CITY COUNCIL LIAISON REPORTS 4 00 PM IV CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V CITY COUNCIL AGENDA REVIEW 4 15 PM VI INFORMAL SESSION -Conference Room- 4 30 PM A CALL TO ORDER B CITY COUNCIL ROLL CALL C RECESS TO CLOSED SESSION VII FORMAL SESSION - City Council Chamber- 6 00 PM A CALL TO ORDER—Mayor Robert M "Bobby"Dyer B INVOCATION Reverend Carter Sinclair Deacon, Emmanuel Episcopal 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 June 20, 2023 2 FORMAL SESSION June 27, 2023 H MAYOR'S PRESENTATION 1 PROCLAMATION Miyazaki City, Japan Sister City Day I PUBLIC HEARINGS 1 DECLARATION AND SALE OF EXCESS CITY PROPERTY 1548 Michigan Avenue 2 COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY 2068 Landstown Centre Way 3 ACQUISITION,BY AGREEMENT OR CONDEMNATION Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451, and 100452 J FORMAL SESSION AGENDA 1 CONSENT AGENDA K ORDINANCES/RESOLUTIONS 1 Resolution to ESTABLISH a Collective Bargammg Task Force(Requested by City Council) 2 Ordinance to AMEND the Bayfront Advisory Commission membership(Requested by Council Members Rouse, Schulman, and Taylor) 3 Ordinance to APPROPRIATE funds from the Tourism Investment Program(TIP) Fund Balance to PROVIDE $50,000 to the FY2023-24 Cultural Affairs Operating Budget and to AWARD $50,000 grant to The LAMBS Foundation re support the 2024 Juneteenth Festival(Requested by Mayor Dyer and Council Members Taylor and Wooten) 4 Ordinance to AMEND City Code Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance re notice of Chesapeake Bay Preservation Area Variance Applications 5 Resolution to AUTHORIZE the disposition and transfer of ownership re the Prmcess Anne County Confederate Monument to the Shenandoah Valley Battlefields Foundation 6 Ordinance to ACCEPT and APPROPRIATE $1,744,533 from the Opioid Settlements and the Virginia Opioid Abatement Authority to the FY 2023-24 Human Services Operating Budget and AUTHORIZE $10,000 as a required match for the regional cooperative partnership grant, ACCEPT and APPROPRIATE a$50,000 collaborative planning grant to the FY2023-24 Human Services Operating Budget, AUTHORIZE four(4 0) full-time equivalent positions re implement a collaborative plan to address the opioid epidemic 7 Ordinance to ACCEPT and APPROPRIATE $649,000 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a marme patrol boat,forensic equipment, and analytical services equipment 8 Ordinance to ACCEPT and APPROPRIATE $315,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY 2023-24 Police Department Operating Budget re pohce equipment and trammg 9 Ordinance to ACCEPT and APPROPRIATE $110,000 from the United States Department of Homeland Security to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a large bomb robot 10 Ordinance to ACCEPT and APPROPRIATE $37,000 from the Virginia Department of Cnminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase of equipment,travel, and trammg to enhance efforts to address mternet crimes agamst children 11 Ordinance to ACCEPT and APPROPRIATE $10,000 from the Virginia Department of Behavioral Health and Development Services to the FY2023-24 Human Services Operating Budget re staff trammg, staff time allocable to problem gambling,membership m a national organization, and services related to addressmg problem gambling 12 Ordinance to ACCEPT and APPROPRIATE $4,845 from the Virginia Outdoors Foundation and Wetlands Watch's Coastal Resilience and Trees Fund to the FY2023-24 Parks and Recreation Operating Budget re support activities to increase the City's urban tree canopy 13 Ordinance to ACCEPT and APPROPRIATE a$3,000 donation from the Creeds Ruritan Club to the FY2023-24 Consolidated Grant Fund Operating Budget re restoration activities at the historic Pleasant Ridge School L PLANNING 1 THOMAS A BROWN for a Variance to Section 4 4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of two (2) existing parcels located at and adjacent to 2892 Indian River Road DISTRICT 2 RECOMMENDATION APPROVAL 2 THOMAS A BROWN for a Variance to Section 4 4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of four(4) existing parcels at 2888 Indian River Road DISTRICT 2 (Deferred from June 20, 2023) RECOMMENDATION APPROVAL 3 SARAH LONG/BRIXMOR GA HILLTOP PLAZA,LLC for a Conditional Use Permit re tattoo parlor at 523 Hilltop Plaza Shopping Center DISTRICT 6 RECOMMENDATION APPROVAL 4 ALAN BELL/ALAN AND KAREN BELL for a Conditional Use Permit re home occupation—retail sales at 2624 South Kings Road DISTRICT 8 RECOMMENDATION APPROVAL 5 FITNESS VENTURES,LLC/CHIMNEY HILL CENTER VIRGINIA BEACH,VA LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreational facility at 799 Chimney Hill Shopping Center DISTRICT 10 RECOMMENDATION APPROVAL 6 DIANE D KITTS for a Conditional Use Permit re short term rental at 303 Atlantic Avenue Unit 1405 DISTRICT 5 RECOMMENDATION APPROVAL 7 JIM LUTZ/MELVIN EATON for a Conditional Use Permit re short term rental at 917 Pacific Avenue Unit D DISTRICT 5 RECOMMENDATION APPROVAL 8 JAMES &LORI JONES for a Conditional Use Permit re short term rental at 1722 Baltic Avenue DISTRICT 6 RECOMMENDATION APPROVAL 9 Ordinance to AMEND City Zoning Ordinance(CZO) Section 106 re notice by the Board of Zoning Appeals RECOMMENDATION APPROVAL 10 Ordinance to AMEND City Zoning Ordinance(CZO) Sections 1605 and 1609 re notice and permits for Coastal Primary Sand Dune Apphcations RECOMMENDATION APPROVAL 11 Ordinance to AMEND City Zoning Ordinance(CZO) Sections 1405 and 1409 re notice and permits for Wetlands Apphcations RECOMMENDATION APPROVAL 1 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 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N UNFINISHED BUSINESS O NEW BUSINESS P ADJOURNMENT *********************** OPEN DIALOGUE Non Agenda Items Each Speaker will be allowed 3 mmutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meetmg please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(mcludmg 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 corn or call 385-4303 Citizens who wish to speak can sign up either m-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/r8168be2465076a229524299f16d766b9 2 Register with the City Clerk's Office by calling 757-385-4303 pnor to 5 00 p m on July 11, 2023 I CITY COUNCIL'S BRIEFINGS -Conference Room- 1 00 PM A NAVAL AIR STATION OCEANA UPDATE Captain Steven Djunaedi, Commanding Officer B MICRO-TRANSIT PILOT PROGRAM UPDATE 1 30 PM Ray Amoruso, Chief Planning&Development Office—Hampton Roads Transit(HRT) C ROADWAY SAFETY UPDATE 2 00 PM LJ Hansen, Director—Public Works (Requested by City Council) D NEIGHBORHOOD TRAFFIC CALMING PROGRAM 2 30 PM Richard Lowman, Traffic Engineer—Public Works (Requested by Mayor Dyer and Council Members Berlucchi and Holcomb) II CITY MANAGER'S BRIEFING A VOTER REGISTRAR&ELECTION SPACE 3 00 PM Monica Croskey Chaparro,Assistant City Manager Kevin Chatellier, Director—Budget&Management Services III CITY COUNCIL LIAISON REPORTS 4 00 PM IV CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V CITY COUNCIL AGENDA REVIEW 4 15 PM VI INFORMAL SESSION - Conference Room- 4 30 PM A CALL TO ORDER B CITY COUNCIL ROLL CALL C RECESS TO CLOSED SESSION VII FORMAL SESSION - City Council Chamber- 6 00 PM A CALL TO ORDER—Mayor Robert M "Bobby"Dyer B INVOCATION Reverend Carter Sinclair Deacon, Emmanuel Episcopal 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 June 20, 2023 2 FORMAL SESSION June 27, 2023 H MAYOR'S PRESENTATION 1 PROCLAMATION Miyazaki City, Japan Sister City Day 011IA BFAC 0 0 OF OUR N M%Or1 totiamation Whereas: In 1992,!Miyazaki City,Japan and the City of Virginia Beach officialy became Sister Cities;and Whereas: Since that time, the two cities have enjoyed many outstanding cultural exchange programs and have forged a friendship and deepened mutual understanding through community-wide efforts and support;and Whereas: In 1997, the!Miyazaki Garden,an authentic Japanese garden,was dedicated at Red Wing Bark;and 'Maras: In 2012,an Azumaya was dedicated as part of the 20-year celebration of Virginia Beach's international sisterhood with!Miyazaki City;and Whereas: In 2015,a Peace!Monument symbolizing the spiritual serenity of nature and the eternal prayer for world peace, harmony,and prosperity,as evidenced by the Sister City relationship between!Miyazaki City and Virginia Beach,was dedicated at the!Miyazaki Garden at Red Wing Park;and Whereas: In 2022, in commemoration of the 30th anniversary of Sister Cities relations between!Miyazaki City and Virginia Beach,!Mayor Tomonori?(iyoyama and!Mayor Robert Dyer held a virtual-mayoral-conference,and shared our interests in continuing to exchange ideas and strengthen their relationship in the future;and Whereas: The citizens of both cities benefit greatly from the wonderful opportunities provided through the efforts of the Sister City programs. Wow,'Therefore I,Robert% "Bobby"Dyer,!Mayor of the City of Virginia Beach, Virginia, do hereby proclaim: jutji11tfi, 2023, 9vhyaza&iCity, apan sister City Da In Witness'Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to 6e affixed this eleventh Day of July,Two Thousand and Twenty-Three. Robert!M. "Bobby"Dyer !Mayor I PUBLIC HEARINGS 1 DECLARATION AND SALE OF EXCESS CITY PROPERTY 1548 Michigan Avenue 2 COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY 2068 Landstown Centre Way 3 ACQUISITION,BY AGREEMENT OR CONDEMNATION Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451, and 100452 U•C� rca% PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property,at its formal session on Tuesday,July 11,2023,at 6:00 p.m.in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center,2401 Courthouse Drive, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input to determine whether 1548 Michigan Avenue (GPIN:2407-95-7518)should be declared in"Excess of the City's needs"and be sold. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 14300.828-1120 (Virginia Relay Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #23, 2473 N. Landing Road, at the Virginia Beach Municipal Center.The Real Estate Office telephone number is(757)385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at pttos://vbgpv webex com/weblink/ regjster/r8168be2465076a22952 4299f16d766b9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 11,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon: Sunday,July 2,2023 [ "----",, •. 14 Lg._ r s3 c, ' , `t": w .i" . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring the property located at 1548 Michigan Avenue to be in excess of the City's needs and authorizing the City Manager to sell the property to Adam Nicolas Murawski and Jennifer M. Murawski PUBLIC HEARING DATE: July 11, 2023 MEETING DATE: July 18, 2023 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 1548 Michigan Avenue (GPIN: 2407-95-7518) (the "Property") on February 27, 2014 for $140,000. At the time of acquisition, the Property was improved with a single-family residential dwelling that has been demolished. Adam Nicolas Murawski and Jennifer M. Murawski (the "Murawskis") own and reside at 1561 Virginia Beach Boulevard. The Murawskis propose to purchase the Property containing 11,090 sq. ft. for $11,090 ($1/sq. ft.). City Council previously authorized the sale of the Property by ORD-3380F on October 7, 2014 to a different adjacent property owner, but that property owner was unable to consummate the purchase. The City will be responsible for resubdividing the Property to incorporate it into the Murawskis' lot and eliminate interior lot lines. • Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. One dwelling unit will be permanently removed. The Murawskis' offer of $1/square foot is in conformance with previous sales of excess City property in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot at an estimated annual cost of$630. • Public Information: A public hearing will be held on July 11, 2023, and public notice of the hearing will be advertised in The Virginian-Pilot-Beacon and provided via the normal City Council agenda process. • Alternatives: Deny the request or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate AtIv City Manager:40 { 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1548 MICHIGAN 3 AVENUE TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL THE PROPERTY TO 6 ADAM NICOLAS MURAWSKI AND JENNIFER 7 M MURAWSKI 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that to certain parcel of land located at 1548 Michigan Avenue (GPIN 2407-95-7518) (the 11 "Property") more particularly described on Exhibit "A" attached hereto and made a part 12 hereof, 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program on February 27, 2014 for$140,000, 16 17 WHEREAS, the City funded the acquisition of the Property through a is partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds, 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a single-family home that has since been 23 demolished, 24 25 WHEREAS, Adam Nicolas Murawski and Jennifer M Murawski (the 26 "Murawskis") own the adjacent property at 1561 Virginia Beach Boulevard and have 27 requested to purchase the Property in order to utilize it in a manner compatible with the 28 APZ-1 Ordinance, 29 30 WHEREAS, City Council authorized the sale of the Property by ORD- 31 3380F on October 7, 2014 to another adjacent property owner, but that property owner 32 was unable to consummate the purchase, 33 34 WHEREAS, the Murawskis desire to purchase the Property in accordance 35 with the Summary of Terms attached hereto as Exhibit"B" and made a part hereof, 36 37 WHEREAS, the APZ-1 Disposition Committee has recommended that City 38 Council declare the Property to be in excess of the City's needs and sell the Property to 39 the Murawskis, and 40 41 WHEREAS, the City Council is of the opinion that the Property is in 42 excess of the needs of the City of Virginia Beach 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA 46 47 That the Property is hereby declared to be in excess of the needs of the 48 City of Virginia Beach and that the City Manager is hereby authorized to execute any 4 9 documents necessary to convey the Property to the Murawskis in accordance with the so Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 51 modifications as may be acceptable to the City Manager and in a form deemed 52 satisfactory by the City Attorney. 53 54 Further, that revenue from the sale of the Property in the amount of 55 $11,090 shall be received and fifty (50) percent of this amount shall be deposited for 56 appropriation in future Capital Improvement Program capital budgets in Capital 57 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility 58 Traffic Area Conformity & Acquisition II Project, and fifty (50) percent shall be deposited 59 for future payment by the City Manager to refund the Commonwealth's portion in 60 accordance with the grant agreement. 61 62 This ordinance shall be effective from the date of its adoption. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the 65 day of , 2023. CA16063 R-1 04/25/2023 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p046\00886375.doc APPROVED AS TO CONJNT APPROVED AS TO CONTENT I Public Works Real Estate : dget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offic EXHIBIT "A" LEGAL DESCRIPTION ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvement thereon, located near Oceana, in Oceana Gardens, Lynnhaven Magisterial District, City of Virginia Beach, Virginia, and known numbered and designated as the Western fifty(50) feet of the Southern one hundred fifty (150) feet of Lot Six (6), and the Eastern twenty- five (25)feet of the Southern one hundred fifty(150)feet of Lot Five (5), in Block Thirteen (13), of the Plat of Oceana Gardens duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 3, at page 51, and more particularly described as follows BEGINNING at a point on the Northern line of Michigan Avenue 250 feet West of the Northwest intersection of said Michigan Avenue and Middle Lane and running thence Westerly along the North line of said Michigan Avenue 75 feet, thence Northerly and parallel with Michigan Avenue 75 feet, thence Southerly and parallel with said Middle Lane 150 feet to the Northern line of said Michigan Avenue, the point of beginning RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public RESERVING UNTO THE CITY a 1' no-ingress/egress easement along Michigan Avenue to be established by plat simultaneously with closing IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Nancy G Braithwaite, dated February 27, 2014, and recorded in the aforesaid Clerk's Office in Instrument No 20140227000171890 EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER City of Virginia Beach r BUYERS Adam and Jennifer Murawski PROPERTY 1548 Michigan Avenue (GPIN 2407-95-7518), consisting of 11,090 square feet (0 26 acres), more particularly described on Exhibit A SALE PRICE $11,090 00 CONDITIONS OF SALE • Property is purchased "As is, Where is," and will be conveyed by Special Warranty Deed • Buyers have been advised of APZ-1 restrictions for use • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines, however, Buyers may not add any new dwelling units • In the event of development or redevelopment by Buyers Buyers will be required to address stormwater quantity and quality on site • Seller shall resubdivide the Property to vacate interior lot lines • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance • Buyers shall adhere to all zoning ordinances and City Code requirements • Buyers shall be responsible for their own closing costs, recording fees, and attorney's fees • Closing shall occur on or before 60 days from the approval of the resubdivision plat, unless extended by the City Manager • Approval of this sale shall be revoked if closing has not occurred on or before December 31, 2025, unless extended by the City Manager prior to such date y • , t r ' - -"irx CZ? ...... .-,,,01.,,.: . . r , lair4 ... . i or, ,.,_ .., • A ,� . 7 .,.. "11117 ` V ,,,,00 . 4. 4'41* _ *,--I,-2, F 1 / — :,�+� kr: ' •-:'s :; rt11 . 1561 VIRGINIA BREACH BLVD +' ter. __ .., .„.,,. ,.1,,,:..,.1 y ,,, . '. ,S• - ..; ,,.�,, ' ' �' ,, •• f6):,I 0t♦SQ2o►a aC d-: ,••:- ..r. ,:. .. ., , , .,, .., .. , . . ... . ss.. 1 _\ 4, ,, a raj 4,,, .„ 'd. _:� 4v• i...'_ty' t '� ""�i Y ,�•w�� a t. ;.. y :y� r .. .tee -Z v -,• 5 4� r „ _J , 1 i .LL1 eliiiiiak. _J pi . ,powsiiite, T •. w [ Qlid' i I— ' '-`, 4440-. ;Ps'''. - 4, , . . , • > w . j a 1 A It- ' .• 1 dr . i•, r + �is MICHIGAN AVE . ;; if .0114t i iMr .1 4 00%.' -..!, - .., '4 illip . '.''•:4' ' ' ' .. . `-,%I.::-Le* . . y.4%16:' ' 1 : .:r ,, 'e!. i./- )T t it, .-:„,,,- ,. 111 ' . ..4 /4 ),, , ( ,t.x...,-- - 40 . . tr4i- - 7 k i • -- ..*-1,-*1 ' _hill'''. , No to" ... • -., % .'I:'''' .:,,: 1141.1-. .1::.T: 44" • Legend L 1 -41:' LOCATION MAP 9 I EXCESS CITY PROPERTY 2407-95-7518 , o ,.,.. .�•. • 1548 MICHIGAN AVENUE 2407-95-6791(3 GPIN 2407-95-7518 r City Property - "� OHIO AVE Wm.- Feet I I ' , 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 05/03/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\2407-95-7518\2407-95-7518 Aerial.mxc Disci re t .Planning �mtt ti i Devekt 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 NaCIA(Y) 0-0 6 Jex\ t f- 1~` V ro-vN S 1<-_ Does the applicant have a representative? ❑ Yes Milo • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes [g'No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 12.09.2020 1 I P a g e , ,, , Disclosure Statement • , , --,„,, , Mammy & roninioctio, Known Interest by Public Official or Employee Does an official or employee of the City off,Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?E YeS 0 No • If yes,what is the name of the official or employee and what Is the nature of the interest? I Adam M v rrn v`1 54c...% a -y 0,.r1 tml o u)t C a1"- 'Chi Ciiiii I am an o M c- 0 c kilt V\rl'tn i c, 7-,1-eci-c t^''01.i c e 'c)e_\)a,v•-t-Yr1 eir-. Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering IiKan nancing, r2sonnection with the subject of the application or any business operating or to be operated on the property? ()0 Yes o • If yes,identify the financial institutions providing the service. on -tbe. oaki_c=rit (oc e .-1- vS he,1 is Ott�, 4kr . 'r �c - ' I G b�. 2. Does the applicant h e a realestate roker a ent/re tot for current d an icipat future sales of the subject property. ❑ Yes E nio • 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 connectionwith the subject of the application or any business operating or to be operated on the property? El Yes f�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 t2 IVo • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?? 0 Yes L7 No p • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e #a {j�jj tr i ,., Disclosure Statement P immini .,E.i& (' t01;1!1:'N. � 9 t'�.i ;t,i011',1..,1 .- 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 /a1ro. • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in conn 'on with the subject of the application or any business operating or to be operated on the property? 0 Yes tJ 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 taco • 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. 11 ( ; Al l it\ t-+ A cant Signat e . Nor JCV10 I k-eY M vratkssk_.., Acklin N\QM VOS Print Name and Title 23 1 Zo 2.= 5i23 )Lo2.? . _,w_..__.x_ _. ___ .. . Date Is the applicant also the owner of the subject property? Yl 1,!/ff. • 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 El No changes as of Date Signature Print Name I i Revised 11.09.2020 Wage u .fly`, ff. jY ,,4./ NOTICE OF PUBLIC HEARING LEASE OF CITY PROPERTY On July 11, 2023, at 6:00 p.m., in the Council Chamber of the City Hall Building 1, 2401 Courthouse Dr.,Virginia Beach, Virginia,the Virginia Beach City Council will hold a public hearing.The purpose of this hearing will be to obtain public comment regarding a proposed communications lease agreement with T-Mobile Northeast LLC for: A certain parcel of land containing 300 square feet located at 2068 Landstown Centre Way, Virginia Beach,Virginia,and for related rights of use for an existing City-owned light pole,for ingress and egress,and to install utilities to support communications operations. (GPIN: 1484-86-9245). Any questions concerning this matter should be directed to the Department of Parks and Recreation at(757)385-1109. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired,call TDD 711(TDD-Telephone Device for the Deaf). 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: rttos✓/vbgov webex con)/weblink/ tegtster/r8168he2465076a22959 4299fI6d7Ei6h9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 11,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,July 2,2023 I 1, r....,,,, , . .„0, ,e, ii.: CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Authorize the City Manager to Execute a Long-Term Communications Lease Agreement for City-Owned Property Located at 2068 Landstown Centre Way with T-Mobile Northeast, LLC to Install, Operate, and Maintain Facilities for Providing Wireless Telecommunications Services PUBLIC HEARING: July 11, 2023 MEETING DATE: July 18, 2023 • Background: The City owns a light pole ("Pole") located at the Virginia Beach Sportsplex, on Parcel 5 U.S Field Hockey Training Center ("Parcel 5"), at 2068 Landstown Centre Way in Virginia Beach (GPIN: 1484-86-9245) ("Property"). T-Mobile Northeast, LLC ("T-Mobile") desires to enter into a lease with the City to utilize a portion of Parcel 5, measuring fifteen (15) feet by twenty (20) feet, for the purpose of building and installing cabinets, utilities, wiring, equipment, and cables necessary to operate and maintain communications facilities ("Leased Premises"). • Considerations: The proposed lease also includes related rights of use for 1) T- Mobile to access part of the Pole for the limited purpose of installing and maintaining communications facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and egress to the Leased Premises and the Pole from Landstown Centre Way and from other parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of telecommunications services. The rights of use are non-exclusive and do not constitute an easement, but shall be rights to use the Property for so long as the lease remains in effect. T-Mobile may not sublease or license any portion of the Leased Premises to any third party. The proposed lease is for an initial term of five (5) years and may be renewed, upon mutual agreement of the parties, for four (4) additional terms of five (5) years each on the same terms and conditions. Rent for the first year of the proposed lease is $24,000 per year and shall increase annually by four percent (4%). City Council granted a conditional use permit on September 6, 2022 for T-Mobile's proposed use of the Property. • Public Information: A public hearing was advertised on July 2, 2023, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on July 11, 2023. A solicitation for bids was advertised on July 9, 2023 and on July 16, 2023, as required by Virginia Code §15.2-2101. The bid opening is scheduled for July 18, 2023. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form, Location Map Recommended Action: Adoption Submitting Department: Parks and Recreation City Manager: 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A LONG-TERM COMMUNICATIONS LEASE 4 AGREEMENT FOR CITY-OWNED PROPERTY LOCATED AT 5 2068 LANDSTOWN CENTRE WAY WITH T-MOBILE 6 NORTHEAST, LLC TO INSTALL, MAINTAIN AND OPERATE 7 FACILITIES FOR PROVIDING WIRELESS 8 TELECOMMUNICATIONS SERVICES 9 10 WHEREAS, the City owns a light pole ("Pole") located at the Virginia Beach 11 Sportsplex, on Parcel 5 U.S Field Hockey Training Center("Parcel 5"), at 2068 Landstown 12 Centre Way in Virginia Beach (GPIN: 1484-86-9245) ("Property"); and 13 14 WHEREAS, T-Mobile Northeast, LLC ("T-Mobile") desires to enter into a lease with 15 the City to utilize a portion of Parcel 5, measuring fifteen (15) feet by twenty (20) feet, for 16 the purpose of building and installing cabinets, utilities, wiring, equipment, and cables 17 necessary to operate and maintain communications facilities ("Leased Premises"); and 18 19 WHEREAS, the proposed lease also includes related rights of use for 1)T-Mobile to 20 access part of the Pole for the limited purpose of installing and maintaining communications 21 facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and 22 egress to the Leased Premises and the Pole from Landstown Centre Way and from other 23 parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of 24 telecommunications services; and 25 26 WHEREAS, the rights of use are non-exclusive and do not constitute an easement, 27 but shall be rights to use the Property for so long as the lease remains in effect; and 28 29 WHEREAS, the proposed lease is for an initial term of five (5) years and may be 30 renewed, upon mutual agreement of the parties, for four (4) additional terms of five (5) 31 years each on the same terms and conditions; and 32 33 WHEREAS, City Council granted a conditional use permit on September 6,2022 for 34 T-Mobile's proposed use of the Property. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a communications lease 40 agreement with T-Mobile with for a term of five (5) years with the option to renew for four 41 (4)additional terms of five (5)years each, in accordance with the Summary of Terms, and 42 such other terms, conditions or modifications as may be acceptable to the City Manager 43 and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6/23/23 Parks and Recreation City Attorney's Office CA 15966 R-2 June 22, 2023 SUMMARY OF TERMS Long-Term Communications Lease Agreement for T-Mobile Northeast LLC Leased Premises: A 15' x 20' portion of property located at the Virginia Beach Sportsplex, on Parcel 5 U.S Field Hockey Training Center at 2068 Landstown Centre VVay in Virginia Beach (GPIN: 1484-86-9245). Lessor: City of Virginia Beach Lessee: T-Mobile Northeast LLC ("T-Mobile") Purpose: T-Mobile will utilize the Leased Premises for the purpose of building and installing cabinets, utilities, wiring, cables and other conduit for facilitating and operating communications facilities, equipment and structures to operate communications equipment on the Pole. Rights of Use: The proposed lease also includes related rights of use for 1)T-Mobile to access part of a City-owned light pole ("Pole") for the limited purpose of installing and maintaining communications facilities, including antennas, cables and appurtenances, on the Pole; 2) ingress and egress to the Leased Premises and the Pole from Landstown Centre Way and from other parts of Parcel 5; and 3) installation of utilities to support T-Mobile's provision of telecommunications services. Term: Initial five (5) year term. Upon the mutual agreement of the parties, the lease may be renewed for up to four(4) additional periods of five (5) years each. Rent: Initial rent is $24,000 per year. Rent increases annually by 4%. Surety: Lessee will post $25,000 surety bond for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance with minimum limits of $2,000,000 per occurrence, in addition to other liability insurances required by Risk Management. Termination: Lease may only be terminated for cause (default, violation of law, acts of God and other similar reasons as stated in the Lease). Other: Rights of use are non-exclusive and do not constitute an easement. Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 Virginia Beach APPLICANT'S NAME T-Mobi Ie DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council m ring the rains to the application(s). APPLICANT NOTIFIED OF HE::<. ATE: CHANGES AS OF ATE: El REVISIONS SUBMITTED DATE: DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: T-Mobile If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) n/a See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's Page 2 of 5 DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1 E-AEDO4D459DD6 Virginia Beach names: If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Mike Sievert, CEO; Nestor Cano, executive VP; Marcus East, VP; Ulf Ewaldsson; Peter A. Ewens; Callie Field; Jon Freier; Janice Kapner; Mike Katz; Deeanne King; Susan Loosmore; Mark Nelson; Peter Osvaldik; Neville Ray; John Saw; Omar Tazi (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) n/a "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 110 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return ❑ Q Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than ❑ [] the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ® Construction Contractors ❑ Engineers / Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have CI ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 DocuSign Envelope ID:527E5D40-8AAB-4E77-AE1E-AEDO4D459DD6 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. DocuSigned by: charmange Stevens 7/5/2023 6AK5A5IGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 • va$11.com APPl1CANT Location Map . . . or w Dig With o©0© VIRGINIA UTILITY PROTECTION SERVICE.INC�1 T • •Mobile- CALL BEFORE YOU DIG: e11 OR 1.800-552.7001 32414.100N MEWS NSD TEMPLATE - NEW BUILD Site Address NOHFOLX MGM 23510 o a T-MOBILE Site# COVERAGE STRATEGY 2068 LANDSTOWN CENTRE WAY 1+'BO.CCT MANAOeAENr N VIRGINIA BEACH,VA 23456 VA20851A "� Configuration h T-MOBILE Site Name • • • VIRGINIA BEACH SPORTSPLEX 3 SECTORS __ 1. 0 67E5A998E 6160(RAN)/67E5998E_1xAIR+1OP(A&L) _; 244riMD- w nA1 n SCOPE OF WORK AERIAL MAP SITE SHEET INDEX FNGIFFR °0 1. TOWER 1r 1 I SHEET SHEET DESCRIPTION B C .E 2. INSTALLATION OF(1)NEWT MOBILE PERFECT VISK)N PV.RPI4M.I1R-12-96 ROUND T-t TIRE SHEET -01 PLATFORM MOUNT W/REQUIRED STANDOFF MOUNTS 6(1)NEW PERFECT VISION I;1�7A1 ''OT �fA SITNLA PUN RGED SITE PLAN architects L PV-PKRK-M MONOPOLE KICKER 3. INSTALLATION OF(3)NEWT MOBILE RFS APXVAALL24_43-U-NA20(OCTO) - ,M2 COMPOUND PLAN engineers ANTENNAS @ POS1 a 4. INSTALLATION OF(3)NEWT MOBILE ERICSSON-AIR6449 B41(ACTIVE ANTENNA- I A-2A PROPOSED EQUIPMENT PLAN 5E61 COLUMIAPNKE St1E2KD U) MASSIVE MIMO - A, ELEVATIONS lir @ POS 2 �}} .. I FK15 CFt1FiCH vATA112® O 5. INSTALLATION OF(3)NEW T MOBILE(SPRINT)ERICSSON 4480 871.B85 RADIOS '4t.° A-3A MWI4T1/1G DETAILS UI 6, INSTALLATION OF(3)NEW T MOBILE(SPRINT)ERICSSON 4460 B25.1366 RADIOS ., '- - 1 A-4 PROPOSED ANTENNA PLAN 7 INSTALLATION OF(4)NEWT MOBILE(SPRINT)6X24 HYBRID CABLES I A-4A ANTENNA 8 CABLE SCHEDULE DRAWN BY:RD CHECKED BY:SS I ALB RFDS DIAGRAM ....1. 8. GRWND AS DETAILS ....-. _- 0. 9. INSTALLATION OE NEW T-MOBILEV-11'X8,0.PLINTH(STEEL RAIL)INSIDE NEW 15' A-5A DETALS APPROVED BY BMO D X 2d LEASE AREA Ad8 DETAILS I- 10.INSTALLATION OF(1)NEWT MOBILE ERICSSON 6160 CABINET A(1)NE W A-5C FENCE DETAILS .-, ERICSSON B160 BATTERY CABINET ON NEW PLINTH. a A-50 PLINTH FOUNDATION DETAILS No. ReNaion/Nsue Dale 61Yr EI 11.INSTALLATION OF(1)NEW IXRE ROUTER 6(2)NEW PSU 4813 INSIDE NEW 6160 5Mh CABINET. • A-SE PLINTH DETAILS -.-_ SI 12.INSTALLATION OF(2)NEW 88 6648,(1)REIS 6601 6(1(NEW DUG201NSIDE NEW 6160 1 ':r4 - A-SF FUTURE GENERATOR DETAILS C 90%PRELBAINRY 022322 SS . A-5G GENERATOR CONCRETE PAD DETAILS N CABINET. .. - � ..- 13.INSTALLATION OF(1)NEWT MOBILE VENTS/MIA 200AMP PPC.(I)NEW . • '� �'fl� y�'L ASH DETAILS .__ 0 FINALS OYU622 SS T MOBILE EMERSON F2014020 TELCO CABINET M.200AMP 240VAC i4i4. . •W-'° %` j MSJ DETAlE M RATED DISCONNECT ON NEW 7.-6.I4FRAME ' SITE I '` •+L I1.1 r E-1 ELECTRICAL LAYOUT ._.- 1 FINALS 0N1922 RD OI 14.INSTALLATION OF(1)NEWT MOBILE 3'XT HOFFMAN BOX '" E-2 ONE LINE DIAGRAM A AC PANEL SCHEDULES B 15.INSTALLATION OF(1)NEW T MOBILE GPS ANTENNA ', LOCATION ,• • G-I GROUNDING LAYOUT 2 RIMS 03/0323 RD ` 16.INSTALLATION OF(N115'X20.CHAIN LINK SECURITY FENCE y; G-2 GROUNDING DETAILS ----- , 17.INSTAUNON OF(N)6',ACCESS GATE 'I} • 'II G3 GROUNDING DETAILS 3 FINKS .1223 SS N 16.INSTALLATION OF(1)NEW T MOBILE I[X)AMP IBTVAC RATED DISCONNECT,METER N-I GENERAL NOTES ?) 8 CT CABINET ON NEW S-0-UTILITY MfRAME , _ .A N-2 GENERAL NOTES 00 tl 19.PIACEHOLDER OF(1)(F)T MOBILE GENERAC 48KW AC DIESEL GENERATOR 6(1) _. N-3 GENERAL NOTES m 20.(INSTALLATION OF(1)(F)T MOBILE 4'X10'GENERATOR CONCRETE PAD INSIDE NEW $ G1 HYBRID COLOR CODES OF L t 15'X20'T MOBILE LEASE AREA n 8. 21.INSTALLATION OF NEW UNDERGROUND UTILITIES AND GROUNDING RING `' j ELTH r-Q-�N22.INSTALLATION OF(1)NEW 50KVA TRANSFORMER W{L' General NOteS: 7 V� CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS AT THE PROJECT SITE AND SHALL 4, DRIVING DIRECTIONS , IMMEDIATELY ENGINEERIN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORKORBE C'CHRISTOPHER D." DRIVING DIRECTIONS FROM 324 MADISON MEWS NORFOLK VA 23510 :Y. '4' FOR SITES WHERE A CRANE IS NECESSARY.THE CONTRACTOR SHALL CONFIRM AN UNOBSTRUCTED ROUTE FOR THE MORIN p . 4.' CRANE FROM PUBLIC ROAD TO TOWER SITE PRIOR TO CONSTRUCTION.NO AERIAL OBSTRUCTIONS UNDER FIFTEEN 9 TAKE I-264 TO VIRGINIA BEACH.TAKE THE INDEPENDENCE EXIT AND CONTINUE TO PRINCESS '0,11,.. FEET ABOVE GRADE,INCLUDING AERIAL UTILITY LINES,ARE ALLOWED ALONG SAID CRANE ROUTE. 1st, Oa ANNE ROAD.TAKE A LEFT ONTO PRINCESS ANNE ROAD ANO A RIGHT ONTO DAM NECK ROAD, `' s^+ (��J 'A N o. 032984 i L THEN TAKE A LEFT ONTO GLENN MITCHELL DRIVE.TAKE A LEFT ONTO LANDSTOWM CENTRE N F I e I d H o c k e 1 - F I�r l d 1 GC SHALL CONTACT THE ME FIRM PRIOR TO BIDN'ALK AND CONSTRUCTION START TO CONFIRM THAT DRAWINGS ARE ��� �22 oWAY AND THE SITE IS AT THE FIELD HOCKEY COMPLEX. . 4 <nM� N THE MOST RECENT SET. a.1Z.2-3 c.i PROFESSIONAL LICENSURE PROJECT INFORMATION APPROVAL BLOCK �S�Oh4L ECG` O i ICERTIFY THAT Site Information: Project Team: Code Compliance: Ar�4v,.® A DISAPPROe®1 SOT INF'MMATKW a 1 KNDTED r�sE VA20851A V, THESE DRAWINGS WERE PREPARED BY LATITUDE 36.7644920°(N 36°AS 52.1711.((NAD 83) APPLICANT: 1-MOBILE NORTHEAST LLC ALL WORK AND MATERIALS SHALL BE PERFORMED AND VIRGINIA BEACH TH324 MADISON MEWS INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF u ME OR UNDER MY �p.L Op LONGITUDE: -76.G915220°(W 76°OS'29.179Z')(NA))63( PHONE:K,-3.780 23510 Rd�ifYQMBi DATE DIRECT G THE FOLLOWING CODES AS ADOPTED BY THE LOCAL SPORTSPLEX I FCC It N/A PHONE:801-.'i81-760.7 GOVERNING AUTHORITIES.NOTHING IN THESE PLANS IS TO SUPERVISION AND FAX:757a9oa990 //''�� ^ GROUND ELEVATION: 14.0'(AMSL)(NGVD 88) BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THE 2068 LANDSTOWN CENTRE WAY CONTROL AND TO ,,,_- J,I i PROJECT LATEST EDITIONS OF THE FOLLOWING CODES: VIRGINIA BEACH,VA 23456 THE BEST OF MY Ad'�- GPM#: 14848692450000 MANAGEMENT: F.C.I.TOWERS.INC SITE DATE KNOWLEDGE AND 444. ZONING: AG1 2526 HORSE PASTURE RD. BELIEF COMPLY CHRISTOPHER D. ISDI VIRGINIA BEACH,VA T3453 BUILDING/DWELLING CODE: 016 JURCTION: VIRGINIA BEACH COUNTY CONTACT:ANDREW WALLACE PLUMBING 2515 G CODE. IPC 2018 WITH MORIN PROPERTY OWNER: CITY OF VIRGINIA BEACH.PARKS FNC"�57j;7 4 35 MECHANICAL CODE: INC 2018 TITLE SHEET THE REQUIREMENTS ELECTRICAL CODE: NEC 2017 CO NSTRUCTE NA14NAGER GATE OF THE GOVERNING AND RECREATION ENGINEER: BC ARCHITECTS ENGINEERS,PLC VIRGINIA STATEWIDE FIRE LOCAL BUILDING ' No. 032984 c[v:f�'.ti STRUCTURE TYPE: 119'LIGHT POLE 5661 COLUMBIA PIKE,SUITE 200 PREVENTION CODE: NEC 2018 CODE. A� H 1. Z`2 l 120's(AGL)TOP OF LIGHT POLE FALLS CHURCH,VA 22041 (' S 1 126't(AGL)TOP OF LIGHT CONTACT:BRIAN M.QUINN.MA __ S ON t:�� (HIGHEST APPURTENANCE) OFFICE:(703)671-6000 T-1 LICENSED PROFESSIONAL AL G �,... „LL.,»n POWER PROVIDER: DOMINION VIRGINIA POWER P.N.n....w.4e.nuWONS.NT,rorosf w��Y.r EXPIRES:10131/2023 L,SOSNw+ ,N,FS/143.-.e1o.E°NTOSOFMNI nv ISON GSSOJOSS' PNXISSING OR CR f'-' TELCO PROVIDER: COX .-.c,eero°,corWAN ocurwcToR spo.ue,e--s1v+..awoo, IFBICi'®2 OW u v . a�yL tt...4L c77' 19/1 PUBLIC HEARING ACOUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, July 11, 2023 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia, on the proposed acquisitions, by agreement or condemnation, of temporary easements necessary for the Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451 and 100452 (the `Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for the Project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate,Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center, (757) 385-4161. 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: rittbsILvlagpv.webex.com/weblink/ jegyster/r8168he246507 fia27Q52 4299f16d766b9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 11,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon: Sunday,July 2,2023 ( is.5,-c-,30, \ , •�4. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of temporary easements for the Seatack Neighborhood Drainage Improvement Project, CIP 100600, 100451 and 100452, either by agreement or condemnation PUBLIC HEARING DATE: July 11, 2023 MEETING DATE: July 18, 2023 • Background: The Seatack Neighborhood Drainage Improvement Project, CIP 10060, 100451 and 100452 (the "Project") is part of the Flood Protection Program, Linkhorn Bay Master Project. The Project area was identified in the Linkhorn Bay Drainage Basin Stormwater Master Plan as beginning to flood in a 25-year storm event and larger. Project construction includes upsizing the existing stormwater conveyance systems along South Birdneck Road north of Sea Street to the existing outfall at the cul- de-sac of Jackson Street. Additional pipes are increased and added with additional inlets being constructed along Sea Street and Burford Avenue. The Project has been designed to meet the current Public Works Design Standard Manual (PWDSM) and provide resiliency to the community through a 100-year storm event with 1.5 feet of sea level rise. Public Utilities included utility betterments within the Project area, which primarily consist of replacing portions of the water lines along Sea Street and South Birdneck Road. Public Works-Stormwater Regulatory is cost participating by the addition of a manufactured treatment device to provide water quality treatment. Project work will mainly be within the existing right-of-way; however, to ensure proper grading and smooth transitions to the adjacent private property, temporary construction easements have been identified along 13 parcels within the Project boundary. Considerations: The Project will require temporary easements from 13 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. • Public Information: The last Citizen's Information Meeting (CIM) was held on November 17, 2022. A public hearing to be held on July 11, 2023, and public notice of the item on July 18, 2023 will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which could delay the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: '�' 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY EASEMENTS 3 FOR THE SEATACK NEIGHBORHOOD 4 DRAINAGE IMPROVEMENT PROJECT, CIP 5 100600, 100451 AND 100452, EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS, the Seatack Neighborhood Drainage Improvement Project, CIP 10060, 9 100451 and 100452 (the "Project") is part of the Flood Protection Program, Linkhorn Bay 10 Master Project and the Project area was identified in the Linkhorn Bay Drainage Basin 11 Stormwater Master Plan as beginning to flood in a 25-year storm event and larger; 12 13 WHEREAS, the Project includes upsizing the existing stormwater conveyance 14 system along South Birdneck Road (north of Sea Street)to the existing outfall at the cul-de- 15 sac of Jackson Street. Additional pipes are increased and added with additional inlets 16 being constructed along Sea Street and Burford Avenue; 17 18 WHEREAS, the Project work will mainly be within the existing right-of-way; however, 19 to ensure proper grading and smooth transitions to the adjacent private property,temporary 20 construction easements have been identified along 13 parcels within the Project boundary, 21 which has been determined by the Department of Engineering to be the optimal location for 22 the construction of drainage improvements; and 23 24 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 25 public necessity exists for the construction of this important Project to provide flood 26 protection to the surrounding area, for the preservation of the safety, health, peace, good 27 order, comfort and convenience and for the welfare of the people in the City of Virginia 28 Beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 Section 1. That the City Council authorizes the acquisition by purchase or 34 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the 35 Code of Virginia of 1950, as amended, of all those certain easements (the "Property"), as 36 shown on the Project plans entitled "SEATACK NEIGHBORHOOD IMPROVEMENTS 37 VIRGINIA BEACH, VIRGINIA CIP 100600, 100451,AND 100452, PWCN-19-0031A,APRIL 38 2023," and more particularly described on the acquisition plats for the Project (plats and 39 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 40 Division, Department of Public Works, City of Virginia Beach, Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in the Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 5 0 , 2023. CA16060 R-1 4/20/23 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p044\00880910.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM J P L WO S/REAL ESTATE CIT A RNEY .....---..—.,..----------.*,...„-E____/El, . ...,_v a_ t ,. _ 4hip- - 4r/ , w- NOROLK�AVE E w, — E :;�� SOUTHERN BLVD , 1A-I /31 Jo' ,Ar ' /4r kJ _ A ' . pr,., r....-r, it .....- ,, , \ . - ,„ , : . , 14.1 . . 1 . ..., ,,.. ,.. ., ,. 114 , ,, . . *. ,. i i 30 � ,/ y s - , tO 4 OW . •-.- , —.4.,.. s- . ) ! . ,r---'''' -' '' ,„ba . 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'' 0.2 4:411Ir * • 2 , w ��F 0 z .., 0 iL„ ikK,7A. /cr cci (1) li> co— i 1 k. ‘s e % • <S4 ir F-I li D i______„7 - 1 , 1 1 L___ 1 _.... JENSEN DR , 1• si eco 41t4k <•e 4 / I _."...,^ ; I j LJ e‘' ik,� o __ _ 1 ri U.2..\ , . \ _________ - - ] LOCATION MAP -5-� cillI SEATACK NEIGHBORHOOD Legend DRAINAGE IMPROVEMENTS Project Area CIP# 100600 Feet City Property -__ ® 0 100 200 400 Prepared by P.W./Eng./Eng.Support Services Bureau 04/20/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\CIP 100600\CIP 100600.mxd J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES / RESOLUTIONS 1. Resolution to ESTABLISH a Collective Bargaining Task Force (Requested by City Council) 2. Ordinance to AMEND the Bayfront Advisory Commission membership (Requested by Council Members Rouse, Schulman, and Taylor) 3. Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance to PROVIDE $50,000 to the FY2023-24 Cultural Affairs Operating Budget and to AWARD $50,000 grant to The LAMB S Foundation re support the 2024 Juneteenth Festival (Requested by Mayor Dyer and Council Members Taylor and Wooten) 4. Ordinance to AMEND City Code Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance re notice of Chesapeake Bay Preservation Area Variance Applications 5. Resolution to AUTHORIZE the disposition and transfer of ownership re the Princess Anne County Confederate Monument to the Shenandoah Valley Battlefields Foundation 6. Ordinance to ACCEPT and APPROPRIATE $1,744,533 from the Opioid Settlements and the Virginia Opioid Abatement Authority to the FY 2023-24 Human Services Operating Budget and AUTHORIZE $10,000 as a required match for the regional cooperative partnership grant; ACCEPT and APPROPRIATE a$50,000 collaborative planning grant to the FY2023-24 Human Services Operating Budget; AUTHORIZE four(4.0) full-time equivalent positions re implement a collaborative plan to address the opioid epidemic 7. Ordinance to ACCEPT and APPROPRIATE $649,000 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a marine patrol boat, forensic equipment, and analytical services equipment 8. Ordinance to ACCEPT and APPROPRIATE $315,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund to the FY 2023-24 Police Department Operating Budget re police equipment and training 9. Ordinance to ACCEPT and APPROPRIATE $110,000 from the United States Department of Homeland Security to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a large bomb robot 10. Ordinance to ACCEPT and APPROPRIATE $37,000 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase of equipment, travel, and training to enhance efforts to address internet crimes against children 11. Ordinance to ACCEPT and APPROPRIATE $10,000 from the Virginia Department of Behavioral Health and Development Services to the FY2023-24 Human Services Operating Budget re staff training, staff time allocable to problem gambling, membership in a national organization, and services related to addressing problem gambling 12. Ordinance to ACCEPT and APPROPRIATE $4,845 from the Virginia Outdoors Foundation and Wetlands Watch's Coastal Resilience and Trees Fund to the FY2023-24 Parks and Recreation Operating Budget re support activities to increase the City's urban tree canopy 13. Ordinance to ACCEPT and APPROPRIATE a $3,000 donation from the Creeds Ruritan Club to the FY2023-24 Consolidated Grant Fund Operating Budget re restoration activities at the historic Pleasant Ridge School [ 0'144. ji CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Establishing a Collective Bargaining Task Force MEETING DATE: July 11, 2023 • Background: In 2020, the General Assembly adopted legislation that authorizes local governing bodies to adopt an ordinance that authorizes collective bargaining, subject to certain restrictions that are set forth in that law, other provisions of the Code of Virginia, and federal law. Several employee associations have expressed an interest in organizing parts of the City workforce under collective bargaining agreements. The attached resolution establishes a Collective Bargaining Task Force to serve in an advisory capacity to the City Council. The task force membership will be appointed by the City Council and consist of 11 members. Membership may include representatives of employee associations, City representatives, and other stakeholders. The City Manager and City Attorney will provide support staff to the task force. • Considerations: The resolution provides that the task force delivers its recommendations to the City Council within 90 days of the appointment of all of its members. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachment: Resolution Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ESTABLISHING A COLLECTIVE 2 BARGAINING TASK FORCE 3 4 WHEREAS, in 2020, the General Assembly adopted legislation that authorizes 5 local governing bodies such as the City Council to adopt an ordinance that authorizes 6 collective bargaining, subject to certain restrictions that are set forth in that law, other 7 provisions of the Code of Virginia, and federal law; 8 9 WHEREAS, several employee associations have expressed an interest in 10 organizing parts of the City workforce under collective bargaining agreements; 11 12 WHEREAS, the City Council would benefit from receiving recommendations of a 13 task force of stakeholders that would study the following issues: 14 15 1. The scope of collective bargaining, which could include certain terms and 16 conditions of employment, such as wages, benefits, scheduling, work hours, and working 17 conditions, among other things, if consistent with state and federal law; and 18 19 2. The number of collective bargaining units; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby establishes the Collective Bargaining Task Force. 25 26 2. That the task force shall serve in an advisory capacity to the City Council, and 27 the City Council shall appoint its members. 28 29 3. That the task force shall consist of 11 members and may include 30 representatives of employee associations, City representatives, and other stakeholders. 31 32 4. That the City Manager and City Attorney shall provide staff support to the task 33 force. 34 35 5. That the task force shall provide its recommendations to the City Council within 36 90 days of the appointment of all of its members. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA16198 R-5 June 29, 2023 ' ‘'.,...t 04 ". CITY OF VIRGINIA BEACH `, AGENDA ITEM ITEM: An Ordinance to Amend the Membership of the Bayfront Advisory Commission MEETING DATE: July 11, 2023 • Background: The mission of the Bayfront Advisory Commission (BAC) is to review and make recommendations to the City Council regarding public and private projects and issues associated with the Bayfront area, or projects or issues associated with the Bayfront area that the City Council may refer to the Commission. Several City Council-appointed boards and commissions include student members who have provided valuable support and perspectives to those boards and commissions in the fulfillment of their respective missions. The BAC has requested that the City Council amend the membership of the BAC to include student members. The Commission currently includes sixteen members, including six ex-officio members, and two of the ex-officio members are the Commander of Joint Expeditionary Base Little Creek-Fort Story and the Park Manager of First Landing State Park. This ordinance removes those two representatives from the membership of the BAC, but each of them will continue to be invited to BAC meetings and will be given an opportunity to share their thoughts and concerns during meetings, and the ordinance converts those two ex-officio membership slots into two additional citizen-membership opportunities. • Considerations: The ordinance provides that the membership of the Bayfront Advisory Commission will include 12 citizens of the Bayfront area and 4 non-voting ex- officio members: the Planning Commission members and the City Council members from the 8th and 9th Election Districts. The membership also may include up to 5 high school students who reside in Election District 8 or Election District 9, or who are enrolled in the Virginia Beach City Public Schools Environmental Studies Program at the Brock Environmental Center. Student members will be appointed for a term of one year and will be non-voting members. The ordinance clarifies that a majority of the appointed voting members will constitute a quorum. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance Requested by Councilmembers Rouse, Schulman, and Taylor REQUESTED BY COUNCILMEMBERS SCHULMAN, TAYLOR AND ROUSE 1 AN ORDINANCE TO AMEND THE MEMBERSHIP 2 OF THE BAYFRONT ADVISORY COMMISSION 3 4 WHEREAS, the mission of the Bayfront Advisory Commission (BAC) is to review 5 and make recommendations to the City Council regarding public and private projects 6 and issues associated with the Bayfront area, or projects or issues associated with the 7 Bayfront area that the City Council may refer to the Commission; 8 9 WHEREAS, several City Council-appointed boards and commissions include 10 student members who have provided valuable support and perspectives to those 11 boards and commissions in the fulfillment of their respective missions; 12 13 WHEREAS, the BAC has requested that the City Council amend the membership 14 of the BAC to include student members; 15 16 WHEREAS, the Commission currently includes sixteen members, including six 17 ex-officio members, and two of the ex-officio members are the Commander of Joint 18 Expeditionary Base Little Creek-Fort Story and the Park Manager of First Landing State 19 Park; 20 21 WHEREAS, this ordinance removes those two representatives from the 22 membership of the BAC, but each of them will continue to be invited to BAC meetings 23 and will be given an opportunity to share their thoughts and concerns during meetings; 24 and 25 26 WHEREAS, this ordinance converts those two ex-officio membership slots into 27 two additional citizen-membership opportunities; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the membership of the Bayfront Advisory Commission shall include twelve 33 (12) citizens of the Bayfront area and four (4) non-voting ex-officio members: the 34 Planning Commission members and the City Council members from the 8th and 9th 35 Election Districts. The membership also may include up to five (5) high school students 36 who reside in Election District 8 or Election District 9, or who are enrolled in the Virginia 37 Beach City Public Schools Environmental Studies Program at the Brock Environmental 38 Center. Student members shall be appointed for a term of one year, and they shall be 39 non-voting members. To align students' terms with the academic year, when feasible, 40 the City Council will appoint student members for a term that begins on July 1 and ends 41 on June 30. A majority of the appointed voting members shall constitute a quorum. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 44 , 2023. APPROVED AS TO LEGAL SUFFICIENCY: rt,41140i City Attorney's Office CA16183 R-3 June 23, 2023 0 it CI li', (4 �i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Funds from the Tourism Investment Program Fund Balance, to Provide $50,000 to the Department of Cultural Affairs, and to Award an Additional $50,000 Grant to The LAMBS Foundation for the 2024 Juneteenth Festival MEETING DATE: July 11, 2023 • Background: Previously, the LAMBS Foundation approached the City with plans to host its annual "Juneteenth at The Beach" festival. 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." On May 16, 2023, the City Council awarded a one-time grant in the amount of$50,000 to the LAMBS Foundation to support the coordination and organization of the 2023 Juneteenth Festival. In addition, during the budget reconciliation process the LAMBS Foundation was approved for one-time grant of$50,000 from the General Fund in the FY 2023-24 Operating Budget for the coordination of the 2024 Juneteenth Festival. • Considerations: In 2022, the City of Virginia Beach partnered with the organization 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. In 2023, the City again partnered with TEAM LAMB to support the Juneteenth Festival at the Beach. This action would provide an additional $100,000 support for the Juneteenth Festival in 2024. Half of the additional funds would be provided to THE LAMBS Foundation to bring the total grant to the Foundation of $100,000 for the 2024 Festival. The other $50,000 is to be provided to the Department of Cultural Affairs to allow the Department to assist with the planning and programming of the 2024 Festival. If approved, the total financial support for the 2024 Juneteenth Festival would be $150,000. 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 council agenda process. • Attachments: Ordinance, Disclosure Requested by Mayor Dyer and Councilmembers Taylor and Wooten REQUESTED BY MAYOR DYER AND COUNCILMEMBERS TAYLOR, AND WOOTEN 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 TOURISM INVESTMENT PROGRAM FUND BALANCE, 3 TO PROVIDE $50,000 TO THE DEPARTMENT OF 4 CULTURAL AFFAIRS, AND TO AWARD AN ADDITIONAL 5 $50,000 GRANT TO THE LAMBS FOUNDATION FOR 6 THE 2024 JUNETEENTH FESTIVAL 7 8 WHEREAS, the FY2023-2024 Operating Budget includes $50,000 to support the 9 Juneteenth festival to be held in June of 2024; 10 11 WHEREAS, additional financial support will allow the Juneteenth festival to attract 12 national level talent and raise the profile for the festival; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1) $50,000 is hereby appropriated from the fund balance of the Tourism 18 Investment Program Fund to the FY 2023-2024 Operating Budget of the 19 Department of Cultural Affairs to support the 2024 Juneteenth festival 20 programming; 21 22 2) $50,000 is hereby appropriated from the fund balance of the Tourism 23 Investment Program Fund to the Non-Departmental Regional Grants to support 24 an additional grant of $50,000 to The LAMBS Foundation to support the 25 coordination and organization of the 2024 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: Budget and anagement Services ity tto ney's Office CA16203 R-3 July 5, 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 (use additional sheets S if needed) 41 Accounting and/or preparer of L,. your tax return Jennifer Branham Financial Services (include 0 lending/banking institutions Truist Bank and current mortgage holders as applicable) © Legal Services No ® Broker/Contractor/Engineer/Ot No 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 David Leader 7/3/23 APPLICANT'S SIGNATURE PRINT NAME DATE ram. N, ,.^'��u ate. f :, i> .;} _/„. ,,,.z...„ CITY OF VIRGINIA BEACH \ AGENDA ITEM .1 ITEM: An Ordinance to Amend Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance of the City Code Pertaining to Notice of Chesapeake Bay Preservation Area Variance Applications MEETING DATE: July 11, 2023 • Background: In the 2023 General Assembly, the legislature in SB1151 modified the process for notification of Chesapeake Bay Preservation Area (CBPA) variance applications. Currently, the process for notification includes two (2) publication in a newspaper of general circulation and requires the second notice be not less than five (5) days nor mor than 21 days prior to the public hearing. The new process requires that the hearing still be advertised twice, however the first advertisement shall be fourteen (14) days prior to the intended adoption, with no less than six (6) days between the first and second publications. • Considerations: The new advertising shall be published in the Virginian-Pilot legal notices, not in the Beacon, as it has been previously. This statute went into effect on July 1, 2023. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the attached Ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning & Community Development/Planning City Manager: 9 -i . 1 AN ORDINANCE TO AMEND SECTION 110 OF 2 APPENDIX F, CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE OF THE 4 CITY CODE PERTAINING TO NOTICE OF 5 CHESAPEAKE BAY PRESERVATION AREA 6 VARIANCE APPLICATIONS 7 8 Section Amended: § 110 of the Chesapeake Bay 9 Preservation Area Ordinance 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby 15 amended and reordained to read as follows: 16 17 Sec. 110. Variances. 18 19 . . . . 20 21 (D) Not later than sixty (60) days after the receipt of an application, the Board shall 22 hold a public hearing on such application. Notice of the time and place of the hearing 23 shall be published no less than once per week for two (2) consecutive weeks prior to 24 such hearing in a newspaper having a general circulation in the City. The second such 25 notice shall appca 26 to the hearing. The first notice shall be published no more than fourteen (14) days 27 before the intended adoption and the second notice shall be published not less than six 28 (6) days after the first. The cost of the public notice shall be charged to the applicant. 29 30 . . . . 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: 1r-Iw t� Planning Department City Attorney's Office CA16157 R-2 June 30, 2023 r�Nu�C1 •�N �JJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Provide for the Disposition of the Princess Anne County Confederate Monument MEETING DATE: July 11, 2023 • Background: The Princess Anne County Confederate Monument (the "Monument") was erected in 1905 near what was then the Princess Anne County Courthouse at the intersection of Princess Anne Road and North Landing Road. The Monument, which consists of a statue, pedestal, and base, is viewed by many as a divisive reminder of a painful past, and the City Council concluded that the public property at the City's Municipal Complex is not the proper place for the Monument. The Monument was placed in storage until a final relocation site could be established. In accordance with Virginia Code § 15.2-1812, on June 21, 2020, the City caused to be published public notice of the intent to remove or relocate the Monument and of a public hearing on July 23, 2020, on the removal or relocation of the Monument, and interested citizens were advised that they could appear in person at the public hearing or provide written comments to the City Council in advance of the hearing. • Considerations: Having held the public hearing, it was the consensus of the City Council that the Monument should be relocated, and the Council adopted a resolution that called for the solicitation of proposals from museums, historical societies, governments, and military battlefields as a potential relocation site. City staff posted a request for proposals on July 28, 2020 and received two proposals from historical associations prior to the September 1 , 2020 deadline for submission of proposals. One proposal planned to retain the Monument locally in the City of Virginia Beach, but it required significant City support for installation and upkeep. The other proposal sought to move the Monument outside the City, but it did not require any ongoing City responsibilities. Neither plan was accepted as submitted. However, the two offerors are now cooperating, with a proposed plan to transfer the Monument to the Shenandoah Valley Battlefields Foundation (the "Donee"), a Virginia nonstock corporation, which plans to keep the Monument within the City, for itself and for the benefit of the associations that jointly submitted the other proposal, the United Daughters of the Confederacy Chapter 435 and Princess Anne Sons of Confederate Veterans Camp 484. The new location will be situated adjacent to an existing family cemetery on private property owned by a third party. When the two offerors began working together, the City staff allowed the two groups to work together without the City intermediating, and the City staff did not have a role in determining the final location of the Monument. The City has required confirmation that the Donee is obtaining an easement from the property owner that will allow the Donee access sufficient to maintain the Monument at that site once it is installed The proposal before the City Council is the disposition of the Monument to the Shenandoah Valley Battlefields Foundation by deed of gift consistent with the attached summary of material terms. The City will undertake the relocation, reassembly and installation of the Monument at the new site, at City expense, but the City will not perform or pay for any other site adjustments that may be considered or be responsible for any ongoing maintenance or repairs of the Monument or the site. • Public Information: The City Council conducted the required public hearing at its July 23, 2020 Special Session. This item will be advertised using the normal City Council agenda process. • Recommendations: Adopt the attached Resolution. • Attachments: Resolution; Summary of Material Terms Recommended Action: Approval Submitting Department/Agency: Departments of Public Works and Plannin Ai0 . .,4--, - City Manager: 1 A RESOLUTION TO PROVIDE FOR THE DISPOSITION 2 OF THE PRINCESS ANNE COUNTY CONFEDERATE 3 MONUMENT 4 5 WHEREAS, the Princess Anne County Confederate Monument (the "Monument") 6 was erected in 1905 near what was then the Princess Anne County Courthouse at the 7 intersection of Princess Anne Road and North Landing Road; 8 9 WHEREAS, the Monument, which consists of a statue, pedestal, and base, is 10 viewed by many as a divisive reminder of a painful past, and the City Council has 11 concluded that the public property at the City's Municipal Complex is not the proper place 12 for the Monument; 13 14 WHEREAS, in accordance with Virginia Code § 15.2-1812, on June 21, 2020, the 15 City caused to be published public notice of the intent to remove or relocate the Monument 16 and of a public hearing on July 23, 2020, on the removal or relocation of the Monument, 17 and interested citizens were advised that they could appear in person at the public hearing 18 or provide written comments to the City Council in advance of the hearing; 19 20 WHEREAS, having held that hearing, it was the consensus of the City Council that 21 the Monument should be relocated, and the Council adopted a resolution that called for 22 the solicitation of proposals from museums, historical societies, governments, and military 23 battlefields as a potential relocation site; 24 25 WHEREAS, City staff posted a request for proposals on July 28, 2020 and 26 received two proposals from historical associations prior to the September 1, 2020 27 deadline for submission of proposals; 28 29 WHEREAS, the City did not accept either proposal, the two offerors have worked 30 together to provide a set of parameters for the disposition of the Monument that: (a) allows 31 the Monument to stay within the City; (b) allows both associations that submitted 32 proposals to have access to the Monument to provide for maintenance, upkeep and 33 paying their respects, by way of an easement from the property owner to the Shenandoah 34 Valley Battlefields Foundation (the "Donee"); and (c) does not require the City to have 35 any ongoing obligations for the Monument after it has been relocated and installed. A 36 copy of a Summary of Material Terms is attached hereto as Exhibit A; and 37 38 WHEREAS, the City staff recommends to the City Council the disposition of the 39 Monument by deed of gift to the Donee in accordance with the aforementioned Summary 40 of Material Terms. 41 42 NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH. VIRGINIA THAT: 44 45 The City Council hereby approves of the disposition and transfer of ownership of 46 the Monument by deed of gift to the Shenandoah Valley Battlefields Foundation, and the 47 disposition shall be governed by the Summary of Material Terms, attached hereto as 48 Exhibit A and incorporated herein. 49 50 The City Manager is authorized to execute any documents necessary to transfer 51 title to the Monument and to relocate it to its final location, so long as such actions are 52 consistent with the Summary of Material Terms. For any costs associated with relocation 53 and reassembly of the Monument, the City Manager is hereby authorized to transfer funds 54 within the General Fund. Within 60 days from such transfer, the City Manager shall 55 provide a report to the City Council providing the amount of such transfer. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Department f Public Wo d)L&IC) rks Department of lanning APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15238 R-5 June 14, 2023 Exhibit A Summary of Material Terms Parties: Donor: The City of Virginia Beach (the "City") Donee: Shenandoah Valley Battlefields Foundation (the "Foundation") Terms: 1 . The City to provide a deed of gift to the Foundation for the Monument, without warranty. 2. The City to relocate the Monument to a final location on private property within the City at the direction of the Foundation, upon the Foundation confirming it has a recorded easement from the owner of the property allowing the Foundation to maintain the Monument at that location. The site of the final location is next to a family cemetery on a privately owned 135 +/- acre farm on Stowe Road in the southern part of Virginia Beach. 3. The City to undertake installation and reassembly of the Monument at the designated location at the City's expense. 4. The Foundation will perform and pay for (1) any site adjustments that may be considered at the new site, and (2) for any post-installation maintenance or repairs to the Monument or the site. 5. The City disclaims any responsibility as to the appropriateness of such final location for purposes of land use or otherwise. 6. The Foundation is responsible for obtaining any necessary permits for any and all work on the site, aside from any the City may need to install and reassemble the Monument at the new location. 7. The Foundation to undertake such actions necessary to maintain the Monument in the sole discretion of the Foundation. 4, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept Funding from Opioid Settlements and the Virginia Opioid Abatement Authority, to Appropriate Such Funds to Implement a Collaborative Plan to Address the Opioid Epidemic, and to Authorize Positions Necessary to Execute Such Plan MEETING DATE: July 11, 2023 • Background: The Commonwealth of Virginia and individual jurisdictions involved in opioid litigation agreed to settle litigation involving prescription opioid manufacturers and distributors. In 2021, the General Assembly created the Virginia Opioid Abatement Authority (VOAA) as an independent body whose purpose is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Settlement Fund, in the form of grants, donations or other assistance. The financial support is specifically for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Funding will be distributed to localities using three primary methods: 1) direct distribution, 2) individual distribution, and 3) collaborative partnerships. • Considerations: Through collaboration with multiple stakeholders, the Department of Human Services (DHS) developed a proposal to utilize the City's FY 2022-23 direct distribution totaling $1,744,533 and ongoing direct distribution amounts through FY 2038- 39. The proposed plan will enhance awareness, resources, and services to address the opioid epidemic. In order to begin this program, DHS requests that the following positions be established: two part-time Peer Specialists, one full-time Peer Specialist, and two full- time Clinician Ills. These positions will be supported by the direct distribution to the City, and in future years by the annual distribution. In addition, Virginia Beach submitted an application to the VOAA on May 4, 2023, for a Collaborative Planning Grant with the cities of Chesapeake, Norfolk, Portsmouth, and Suffolk. The request was to receive $50,000 in VOAA funding, with Virginia Beach acting as the fiscal agent in partnership with regional localities. The application was approved; therefore, we are requesting that the $50,000 associated with that grant also be appropriated. The $50,000 will be held by Virginia Beach until a future point in time when each locality's grant match obligations are met. At that time, grant funding will be dispersed to partner localities based on the grant parameters. The next steps will be to gain public input through town halls in the five cities, online surveys, and gap analysis and ultimately to prepare a full application for a Cooperative Partnership Grant to develop regional initiatives to help citizens with substance use disorders. There will be multiple community engagement events, including a large-scale citywide event, to obtain citizen input. If a cooperative partnership grant is awarded by VOAA, a separate action item will be brought before the City Council. Information was presented to the City Council during the June 27, 2023 workshop. For reference, the presentation is attached, and DHS is seeking support to move forward with the proposed plans. ■ Public Information: Normal Council Agenda process. This proposal was presented to the City Council at its June 27, 2023 workshop, which was broadcast on VBTV and is available on the City's website. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance, June 27, 2023 Presentation to City Council Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT FUNDING FROM 2 OPIOID SETTLEMENTS AND THE VIRGINIA OPIOID 3 ABATEMENT AUTHORITY, TO APPROPRIATE SUCH 4 FUNDS TO IMPLEMENT A COLLABORATIVE PLAN 5 TO ADDRESS THE OPIOID EPIDEMIC, AND TO 6 AUTHORIZE POSITIONS NECESSARY TO EXECUTE 7 SUCH PLAN 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 1) $1,744,533 is hereby accepted and appropriated, with revenue from the 13 Commonwealth increased accordingly, to the FY 2023-24 Operating Budget of 14 the Department of Human Services to implement a collaborative plan with 15 stakeholders to address the opioid epidemic. Of this amount, $10,000 is 16 authorized as a required match for the regional cooperative partnership grant. 17 18 2) A collaborative planning grant in the amount of $50,000 is hereby accepted 19 from the Virginia Opioid Abatement Authority and appropriated, with revenue 20 increased accordingly, to the FY 2023-24 Operating Budget of the Department 21 of Human Services for planning activities. 22 23 3) 4.0 total full-time equivalent positions or FTEs, including two part-time Peer 24 Specialists, one full-time Peer Specialist, and two full-time Clinician III 25 positions, are hereby authorized within the Operating Budget of Human 26 Services. 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: AOVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services ey's ffice CA16206 R-1 June 28, 2023 6/29/2023 1 r tti,..:t.1. . , .,. 1/ '''.:1,4,,1::*7-''''''''..;-,:.A.,, -1 ,:__:.:,1 . '-.. t• — ' •. • , Opioid Abatement Authority Plan and Behavioral Health Services June 27, 2023 "rmil:111F°I. ,, INN. . . .„......-- t .,, tA �a a .rr ' . • The Commonwealth of Virginia has unanimously agreed to settle litigation Opioid involving prescription opioid manufacturers and distributors. Abatement • In accordance with a prior agreement between the Commonwealth and its cities and counties,30%of all opioid settlement funds are paid directly to Settlement the cities and counties, 15%to the Commonwealth,and 55%to the Opioid Abatement Authority(OAA). i 2 1 6/29/2023 Direct Distribution to Cities and Counties—City of Viginia Beach • FY22/23:$1,744,533 • FY 2024—FY 2032:-$300,000 to$500,000 • FY 2033—FY 2039 approximately$375,000 Individual Distribution to Cities and Counties from the OAA • City of Virginia Beach will need to apply to OAA to receive funds • If approved,approximately$2.6 million to be distributed though 2039 Distributions for Cooperative Projects involving Multiple Cities and/or Counties from the OAA • The City of Virginia Beach submitted an application for a Collaborative Planning Grant jointly with the cities of Chesapeake, Norfolk, Portsmouth, and Suffolk. Virginia Beach agreed to serve as the fiscal agent. If the planning application is approved,the next steps will include inviting additional public-private partners to stakeholder meetings and holding Town Halls. • The City of Virginia Beach agreed to submit an implementation grant in partnership with Chesapeake where the City of Chesapeake will serve as the fiscal agent. 3 3 Stakeholders and Partners DHS staff met with internal and external VBse VB Public Schools stakeholders to identify community needs and develop a plan using the mmonwea ' Defende Attorne OAA "Golden Standard" for areas without alternate funding :Y VB EMS sources. 4 2 6/29/2023 OAA Budget - $1,744,533 ($370,066 ongoing) Amount Partner Description Peer Drop-In Center $357,908 DHS A new communal space at the Birdneck Circle location staffed by individuals in recovery.The center will provide a supportive environment for groups,activities to promote healthy living.Add a PT peer specialist. New Jail Treatment Services $250,614 VBSO Enhance existing jail-based services by adding two clinicians to provide substance use treatment to inmates. Prevention Youth Initiative $68,628 Parks&Rec and Create and support community-based education/interventions for VBPS minors and families at risk.Fund evidence-based prevention programs in recreation centers,schools,etc. Drug Court Support $42,110 Commonwealth Add a PT peer specialist to the Drug Court to provide recovery services Attorney,Public that will help reduce recidivism. Defender Restore $73,453 DHS Enhance Office Based Addiction Treatment(OBAT)service delivery with an additional FT peer specialist to support people in treatment. Safe Care Respite Program $60,000 DHS—Social Short term respite care for children whose caretakers have been Services impacted by substance use disorder. 5 OAA Budget - $1,744,533 ($370,066 ongoing) Amount Partner Description Neonatal Abstinence $206,072 Public New Clinician II to provide community outreach and provide Syndrome Health training for obstetricians regarding best practices for working with pregnant women and babies with NAS. Pathways Center $178,096 DHS Expand availability of treatment for Opioid Use Disorder and any co-occurring substance use or mental health conditions. Provide peer support services and connections to community-based services. Community Awareness $30,000 Citizens Community events focusing on stigma reduction,supporting recovery,and education about the dangers of opioids as well as Narcan and other harm reduction tools. First Responder Training $121,869 VBPD, Staff training,collaborations,&networking for first responders VB EMS working with this population. Barrier Assistance $155,783 Citizens Funding to support housing,transportation,and other essential Scholarships $90,000 resources and support for productive living.Provide educational and vocational scholarships for individuals in recovery. Regional OAA Cooperative $110,000 Regional Earmarked for the Regional Opioid Abatement Cooperative Local Match Cities Match requirement. 6 3 6/29/2023 Behavioral Health and Homeless Outreach Services CITY OP VIRGINIA BEACH Human Services 7 Available for all ages seeking behavioral health services. We offer a clinical comprehensive needs assessment with treatment recommendations and linkage to appropriate services. Adult • • Mon—Fri 8am-2pm Same Day:.:, • Pembroke 6- 1st Floor Access e'5 • 757-385-0511 I Child and Youth • Mon—Fri 8am—noon • Pembroke 6—3rd Floor • 757-385-0850 4 6/29/2023 988 and Crisis Services 24-hour Crisis Response Network • 988 connects individuals to: • Telephonic crisis counseling and resources for mental health, substance use, or thoughts of suicide. • Mobile Crisis Response Services within the hour. • Law enforcement, not involved but can be called for back up • Law enforcement referrals have prioritized response • Clients receive up to 72 hours of ongoing services with linkage and warm handoff to ongoing services *Hotline can also be reached by using the local number: 757-656-7755 9 Emergency Services and Mobile Co-Responder Team • Emergency Services (ES) • Emergency Services provides rapid telephone and in-person crisis assessment, intervention,and consultation 24 hours per day,seven days a week.Services include screening for psychiatric hospitalization,crisis stabilization,and warm handoff to services. • Contact 757-385-0888 • Mobile Co-Responder Team (MCRT) • ES Clinician and CIT Officer ride together to co-respond to individuals in the community who are experiencing a behavioral health crisis.The goal is to expedite crisis response and provide the right intervention at the right time. • Contact 911 to request MCRT response • Hours of Operation • M-F 9:30 am—10:30 pm • Sat/Sun 12:00pm—10:30pm 10 5 6/29/2023 Emergency Custody Orders (ECO) & Temporary Detention Orders (TDO) • Emergency Custody Orders(ECO)afford law enforcement the ability to take an individual experiencing a behavioral health crisis into custody for a clinical evaluation to determine if psychiatric hospitalization or a lower level of care is 0 needed. • Issued by the Magistrate by petition,or non-judicial by law enforcement officer Temporary Detention Orders(TDO)are issued by a Magistrate for individuals experiencing a behavioral health crisis and: • has a mental illness and is likely in the future to(a)cause serious physical harm to self or others or(b)suffer serious harm due to lack of capacity to protect self TDO from harm or to provide for basic human needs; • is in need of hospitalization or treatment; and • is unwilling to volunteer or incapable of volunteering for treatment 11 Homeless Outreach Project for Assistance in Transition from Homelessness (PATH) • Provides street outreach services to individuals with serious mental illness, including those with co-occurring substance use disorders who are experiencing chronic homelessness or are at imminent risk of becoming homeless. • Refers individuals to behavioral health and substance use services, primary health services,and relevant housing services, such as the Regional Housing Crisis Hotline. • Provides training to the teams working in shelters, health clinics and to other organizations where homeless individuals require services. • Assist individuals with accessing housing, applying for entitlement benefits, such as, Medicaid and the Supplemental Nutrition Assistance Program (SNAP), and preparing documentation to acquire Social Security benefits. Call(757)385-0672 for more information. 12 6 6/29/2023 Joint Homeless Outreach Taskforce Departments of Human Services, Housing & Neighborhood Preservation and the VB Police Department • Taskforce meets every Monday and Friday at targeted locations at the oceanfront and throughout the city to assist individuals living in encampments. • DHS PATH Homeless Outreach staff and State Opioid Peer Recovery Specialists engage citizens that have been identified to be experiencing a behavioral health or substance use disorder. • Services are voluntary and staff work to develop trust, provide resources,and assist individuals with linkage to behavioral health treatment. • Leadership meets quarterly to discuss strategies, outcomes,and to prepare for future activities. Call(757)385-0672 for more information. 13 Tha nk you Questions? 14 7 ( rOI":41 fQ �U Isj wr-^ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Law Enforcement Equipment Grant from the Virginia Department of Criminal Justice Services MEETING DATE: July 11, 2023 • Background: The Virginia Department of Criminal Justice Services (DCJS) is making available American Rescue Plan Act ("ARPA") funds for individual localities to purchase necessary equipment for law enforcement efforts to reduce violent crime and gun violence. The proposed use of this funding is the following items: ➢ Marine Patrol Boat - $403,230 ➢ Audio-visual and presentation equipment: o Interactive Smartboard - $13,249 o Smart TVs — 4,695 o Tempered Glass Erase Board - $620 ➢ Forensic support equipment: o Water Tank - $86,060. This piece of equipment is used to capture bullets fired from evidence firearms at lower velocities. This forensic tool assists in matching bullets with firearms, and it will expedite processing guns and casings to crime scenes in furtherance of closing cases in a timely manner. o ForenScope - $117,570. This is a multispectral UV-VIS-IR imaging system, which detects latent fingerprint, body fluid, blood traces, hair and fiber, tooth, and bone matter. This equipment will facilitate quicker processing of evidence and backlog reduction. o Cotton Box - $12,550. This is a constructed wood box with thick metal plates, and it has a firing port at one end. It is used to capture bullets fired from evidence firearms, specifically rifles that fire at velocities that would fragment if fired into a water tank. Like the water tank, this equipment will assist in processing guns and casing to crime scenes in furtherance of closing cases in a timely manner. o Alternative Light Source - $11,026. This is a device providing monochromatic light at specific wavelengths, and it assists in the analysis for physiological fluids and other on scene evidence. As provided in the grant guidance, equipment purchases should improve or enhance the delivery of daily law enforcement services to the community and ensure the safety of citizens and officers while decreasing violent crime within the relevant communities. • Considerations: The total award for this grant is $649,000 for equipment. No local match is required. The grant period for this award ends on June 30, 2024. The ordinance provides the City does not commit to replacement of any equipment purchased with these grant funds. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: (,% 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A LAW 2 ENFORCEMENT EQUIPMENT GRANT FROM THE 3 VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $649,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with revenue increased accordingly, to the FY 2023-24 11 Operating Budget of the Police Department to purchase necessary equipment to support 12 a marine patrol boat, forensic equipment, and analytical services unit equipment. The 13 City makes no commitment to replace any equipment purchased with these grant funds. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: sio WWI la IN WM VJ Budget and Management Services - Alto ney's Office CA16194 R-1 June 28, 2023 I�,��a�ee,�y. i'r'I^��'y 1. of.ti... _ d�i ,k,;.,,, ..A* CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: An Ordinance to Appropriate $315,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: July 11, 2023 • Background: The Virginia Beach Police Department (VBPD) requests that the City Council approve the use of $315,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the VBPD's FY 2023-2024 Operating Budget: ➢ Forensic Desktop Workstations - $20,000 ➢ Specialty Vehicles for Operations Division - $65,000 ➢ Police Leadership Training - $125,000 ➢ Workshop on Community Problem-Orientated Policing - $25,000 ➢ Tower High Performance Workstations and Graphics Cards - $37,000 ➢ Public Safety Wellness App - $43,000 The forensic desktop workstations will be used to expand the Detective Bureau's capabilities to analyze mobile devices. The requests to analyze mobile devices as they pertain to criminal investigations has steadily increased over the years. Funding will provide two dedicated forensic workstations, four monitors, and a printer. Funding also will be used to purchase four specialty 3-wheeled vehicles needed for patrol at the Oceanfront and Town Center. These vehicles provide a positive, non- threatening image and allow officers to engage with citizens on the ground. The vehicles perform well in crowded conditions and multi-terrain scenarios, including indoors. They are also fast and eco-friendly. Funding will be used to purchase four vehicles and batteries. The Leadership funding will be used for opportunities such as the Police Executive Leadership School (PELS), FBI LEEDA Institute courses, the Senior Management Institute for Police (SMIP), or other appropriate leadership courses. The Workshop on Community Problem-Orientated Policing is a "train the trainer" style program teaching crime reduction strategies based on the SARA model; scanning, analysis, response and assessment. Training will be offered in four workshops and will include both sworn and civilian personnel. The tower high performance workstations will be used to enhance daily operations and support delivery of services from the Analytical Services Unit. Funds will replace nine computers and provide high performance graphics cards. The public safety app will be loaded onto City-provided mobile phones and connect officers to wellness resources to address PTSD, depression, familial adversity, and social stress due to trauma associated with police work. Resources will be available 24 hours a day through their mobile phones. • Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action. As of June 2023, the unassigned fund balance is approximately $2 million. As provided in the ordinance, the City makes no commitment to replace any equipment purchased with these funds. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: gip 1 AN ORDINANCE TO APPROPRIATE $315,000 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $315,000 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the 11 FY 2023-24 Police Department Operating Budget for police equipment and training. The 12 City makes no commitment to replace any equipment purchased with these funds. 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: B d et and Management ervices 2ce g 9 CA16195 R-1 June 28, 2023 J46, zy 441. ff:'`:•--.:-:.:-.';' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate a Homeland Security Grant for the Police Department MEETING DATE: July 11, 2023 • Background: The Virginia Department of Emergency Management has awarded the Virginia Beach Police Department (VBPD) grant funds from the United States Department of Homeland Security Federal Emergency Management Agency in the form of the 2022 State Homeland Security Grant Program — Urban Area Security Initiative. The purpose of this funding is to assist state and local efforts to prevent, prepare for, protect against, and respond to acts of terrorism. The funding will be used to purchase equipment to replace outdated or obsolete items in the Police Special Operations Unit. This equipment helps the Police Department prevent and respond to potential acts of terrorism. This funding will be used to purchase additional equipment necessary to support a large bomb robot, the purchase of which was originally funded by a similar award in FY 2020- 21. This project is part of a multi-phase/multi-year replacement plan within Region V — Threat Hazard Identification Risk Assessment Report / Virginia Regional Preparedness Measure. • Considerations: This grant will be active from October 1, 2023, through July 31, 2025. The grant provides $110,000 of federal funding and has no match requirement. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:(4-9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 HOMELAND SECURITY GRANT FOR THE POLICE 3 DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $110,000 is hereby accepted from the United States Department of Homeland 9 Security via the Virginia Department of Emergency Management and appropriated, with 10 federal revenue increased accordingly, to the FY 2023-24 Operating Budget of the Police 11 Department to purchase necessary equipment to support a large bomb robot. 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: Vil1/4-1'j udget and Management ervices • o ey's O ice CA16193 R-1 June 28, 2023 ( 5 ^ Cei ~ 7 44 �V-Vv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $37,000 from the Southern Virginia Internet Crimes Against Children Task Force MEETING DATE: July 11, 2023 • Background: The County of Bedford and the Southern Virginia Internet Crimes Against Children (ICAC) Task Force have been awarded funding from the Commonwealth's ICAC Fund. This funding has been made available by the Virginia Department of Criminal Justice Services. The Virginia Beach Police Department (VBPD) has been approved as a sub-recipient for $37,000 of this funding. This grant will fund $29,500 in overtime for ICAC-related travel, and $7,500 in training/other approved events needed to investigate ICAC cases. The grant period is from July 1, 2023, through June 30, 2024. • Considerations: The grant provides $37,000 of funding. There is no local match requirement for this grant. • Public Information: Normal Council Agenda process • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: fit)r) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $37,000 2 FROM THE SOUTHERN VIRGINIA INTERNET CRIMES 3 AGAINST CHILDREN TASK FORCE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $37,000 is hereby accepted from the Virginia Department of Criminal Justice 9 Services via the Southern Virginia Internet Crimes Against Children Task Force and the 10 Bedford County Sheriffs Office and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the FY 2023-2024 Operating Budget of the Police Department 12 for overtime and the purchase of equipment, travel, and training to enhance efforts to 13 address internet crimes against children. 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: udget and Management ervices Ci tto ney's Office CA16192 R-2 June 28, 2023 / r,- 1 ,mot CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Funds to Provide Problem Gambling Prevention Services MEETING DATE: July 11, 2023 • Background: The Department of Human Services provides targeted services to address problem gambling in its Behavioral Health, Wellness, and Prevention Services Program. These services center around increasing awareness of the problem and provides resources to help individuals in need. These are additional funds being awarded to the City from the Commonwealth for the grant period September 30, 2022 through September 29, 2023. • Considerations: This is one-time funding of$10,000 to support problem gambling prevention services. Funding will cover the cost of staff training; membership in the National Council on Problem Gambling, an organization that advocates to minimize gambling-related harm by reducing the personal, social, and economic costs of problem gambling; and a portion of the cost of an existing position that is dedicated to these services. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: f j,7 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PROVIDE PROBLEM GAMBLING PREVENTION 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $10,000 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 11 Services for staff training, staff time allocable to problem gambling, membership in a 12 national organization, and services related to addressing problem gambling. 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: Budget and anagemen 'Services C orn y s ffice CA16196 R-1 June 28, 2023 c ire �C� g f' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $4,845 from the Virginia Outdoors Foundation and Wetlands Watch's Coastal Resilience and Trees Fund to Increase the City's Urban Tree Canopy MEETING DATE: July 11, 2023 ■ Background: The Department of Parks and Recreation has been awarded a $4,845 Grant from the Virginia Outdoors Foundation and Wetlands Watch's Coastal Resilience and Trees Fund to plant more trees in environmental justice areas and increase the City's urban tree canopy. The City first contracted a LIDAR study in 2012 to quantify the Urban Tree Canopy(UTC), which showed a 41.7% coverage. When repeated in 2018, the study showed a net loss of 1.34% canopy cover. This equates to 219,105 trees that were removed and not measurably replaced. The City's goal is to achieve a 45% UTC by 2045. The City will need outside funding from grants and mitigation to achieve this goal. Recently, studies from Christopher Newport University (CNU) and Virginia Wesleyan University have highlighted areas in Hampton Roads that demonstrate the urban heat island effect. These areas often coincide with lower socioeconomic status. Using the heat island effect mapping tool from CNU and the Virginia Department of Environmental Quality, areas were chosen for potential tree planting. Field verification identified Oceana Gardens West as a good candidate due to the neighborhood's proximity to commercialized zones, large roadways, and open space. Based on current contract pricing, Parks and Recreation proposes to plant 18 native tree species. Twelve of the trees will be planted in Oceana Athletic Park, which blocks the neighborhood from a major intersection (Virginia Beach Boulevard and First Colonial Road). Three of the trees will be planted in Oceana Village Park, and three trees will be planted in the right-of-way of City-owned lots within the Oceana Gardens West neighborhood. Under contract, all trees come with a one-year warranty. After the trees survive a year, they come under the City's care. The horticulture team mulches around landscaped trees once a year, and trucks with water buffalos are deployed during dry months for watering. Any tree maintenance, such as pruning, needed throughout the tree's life would be addressed with City crews or contracted to a tree company. All trees planted for this project will contribute to reducing stormwater runoff and neighborhood flooding, as well as contribute to the City's goal of 45% UTC by 2045. The trees planted at Oceana Athletic Park will provide a sound barrier for the neighborhood, reduce particulate pollution from the major roadways, and provide much needed shade for sporting events. The trees will provide a park improvement and create a welcoming environment for the community to enjoy. • Public Information: commendations: Normal agenda process. t Recommendations: Adopt the attached ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,845 FROM THE VIRGINIA OUTDOORS 3 FOUNDATION AND WETLANDS WATCH'S COASTAL 4 RESILIENCE AND TREES FUND TO INCREASE THE 5 CITY'S URBAN TREE CANOPY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $4,845 is hereby accepted from the Virginia Outdoors Foundation and Wetlands 11 Watch's Coastal Resilience and Trees Fund and appropriated, with miscellaneous 12 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Department 13 of Parks and Recreation to support activities to increase the City's urban tree canopy. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , - ttP Budget an anagement Services i or ey's ffice CA16204 R-1 June 28, 2023 0u eft ro, . � 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a $3,000 Donation from the Creeds Ruritan Club MEETING DATE: July 11, 2023 • Background: Previously, the Virginia General Assembly authorized $25,000 of State funds to be appropriated to the City of Virginia Beach ("City") for the purpose of conducting restoration activities (the "Project") at the historic Pleasant Ridge School ("School") located on property owned by Asbury Christian Fellowship Church, Inc. ("Asbury Church") at 1392 Princess Anne Road in Virginia Beach. On June 6, 2023, the City Council accepted and appropriated the funding from the Commonwealth, and the City entered into a memorandum of understanding ("MOU") with the Commonwealth whereby the City will be the recipient of the State funds and will transfer the State funds to Asbury Church for the Project. The City and the Asbury Church have entered into a separate MOU whereby the City will provide the State funds to Asbury Church for the purpose of conducting restoration activities at the School, and Asbury Church will satisfy the City's reporting and other requirements under its MOU with the City. The Creeds Ruritan Club (the "Club") recently held a fundraising event to provide additional funding for the restoration activities at the Pleasant Ridge School building. The Club raised $3,000 that it would like to donate to the City to supplement the State Funds for the restoration activities at the Historic Pleasant Ridge School. • Considerations: Accepting the donation from the Club will further aid in the restoration activities of the School. Similar to the terms of the MOU between the City and the Commonwealth, the City will receive the funding from the Club, and the City will: 1) serve as a fiscal conduit for the Project by receiving and transferring the funding to the Asbury Church; 2) ensure the Asbury Church uses the funds exclusively for restoration activities at the School, including, but not limited to, roof and sheathing replacement, gutter installation, repair and staining floors, painting interior surfaces, interior windowsill repair, and installation of interior storm windows; 3) ensure that Asbury Church submits a final Project report to the City within 30 days of expenditure of the funding; and 4) ensure that the Asbury Church maintains accurate records for the use of the funds and retains those records for a minimum of five years from completion of the Project. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approve Submitting Department/Agency: Planning Department City Manager: ,,6'0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $3,000 DONATION FROM THE CREEDS RURITAN 3 CLUB 4 5 WHEREAS, the Virginia General Assembly previously authorized $25,000 to be 6 provided to the City of Virginia Beach for the purpose of conducting restoration activities 7 at the historic Pleasant Ridge School; 8 9 WHEREAS, the Creeds Ruritan Club concurrently conducted fundraiser activities 10 to provide additional assistance for the restoration of the Pleasant Ridge School; and 11 12 WHEREAS, the Creeds Ruritan Club awarded the collected donation in the amount 13 of $3,000 to the City of Virginia Beach for the restoration of the Pleasant Ridge School. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, THAT: 17 18 The $3,000 donation is hereby accepted from the Creeds Ruritan Club and 19 appropriated, with miscellaneous revenue increased accordingly, to the FY 2023-24 20 Operating Budget Consolidated Grant Fund for the purpose of funding restoration 21 activities at Pleasant Ridge School located on property owned by Ashbury Christian 22 Fellowship Church, Inc. Such funds will be expended in accordance with the 23 requirements of Virginia Code § 15.2-953(A). 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: k_AJNA C Budget and Management a ices o ey's Office CA16202 R-1 June 28, 2023 L. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of two (2) existing parcels located at and adjacent to 2892 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL 2. THOMAS A. BROWN for a Variance to Section 4.4(b) & (d) of the Subdivision Regulations re reconfigure the boundaries of four (4) existing parcels at 2888 Indian River Road DISTRICT 2 (Deferred from June 20, 2023) RECOMMENDATION: APPROVAL 3. SARAH LONG/BRIXMOR GA HILLTOP PLAZA, LLC for a Conditional Use Permit re tattoo parlor at 523 Hilltop Plaza Shopping Center DISTRICT 6 RECOMMENDATION: APPROVAL 4. ALAN BELL/ALAN AND KAREN BELL for a Conditional Use Permit re home occupation—retail sales at 2624 South Kings Road DISTRICT 8 RECOMMENDATION: APPROVAL 5. FITNESS VENTURES,LLC/CHIMNEY HILL CENTER VIRGINIA BEACH, VA. LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreational facility at 799 Chimney Hill Shopping Center DISTRICT 10 RECOMMENDATION: APPROVAL 6. DIANE D. KITTS for a Conditional Use Permit re short term rental at 303 Atlantic Avenue Unit 1405 DISTRICT 5 RECOMMENDATION: APPROVAL 7. JIM LUTZ/MELVIN EATON for a Conditional Use Permit re short term rental at 917 Pacific Avenue Unit D DISTRICT 5 RECOMMENDATION: APPROVAL 8. JAMES & LORI JONES for a Conditional Use Permit re short term rental at 1722 Baltic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 9. Ordinance to AMEND City Zoning Ordinance(CZO) Section 106 re notice by the Board of Zoning Appeals RECOMMENDATION: APPROVAL 10. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 1605 and 1609 re notice and permits for Coastal Primary Sand Dune Applications RECOMMENDATION: APPROVAL 11. Ordinance to AMEND City Zoning Ordinance (CZO) Sections 1405 and 1409 re notice and permits for Wetlands Applications RECOMMENDATION: APPROVAL ILli' { '±.0 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 11,2023 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: woliniVregister/r$1 etiOa2465076a229524299f16d766 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on July 11,2023. The following requests are scheduled to be heard: Thomas A.Brown(Applicant&Property Owner)Subdivision Variance(Section 4.4(b)&(d)of the Subdivision Regulations)Address:2892 Indian River Road,parcel east of 2892 Indian River Road GPIN(s):1493334650,1493335697 City Council:District 2 Thomas A.Brown(Applicant&Property Owner)Subdivision Variance(Section 4.4(b)&(d)of the Subdivision Regulations)Address:2888 Indian River Road,parcel north of 2888 Indian River Road,and two parcels on the east side of a 15-foot wide private Lane,north of Indian River Road GPIN(s):1493339800,1493440002,1493348082,1493440216 City Council: District 2 Sarah Long(Applicant)Brixmor GA Hilltop Plaza,LLC(Property Owner)Conditional Use Permit (Tattoo Parlor)Addresses:523 Hilltop Plaza Shopping Center,Suite 27 GPIN(s):Portion of 2407678925 City Council:District 6 Alan Bell(Applicant)Alan&Karen Bell(Property Owners)Conditional Use Permit(Home Occupation - Retail Sales)Address:2624 South Kings Road GPIN(s): 1497660064 City Council:District 8 Fitness Ventures,LLC(Applicant)Chimney Hill Center Virginia Beach,Va.Limited Partnership (Property Owner)Condtioona!Use Permit(Indoor Recreational Facility)Address:799 Chimney Hill Shopping Center GPIN(s):Portion of 1486542283 City Council:District 10 Diane D. Kitts (Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address:303 Atlantic Avenue,Unit 1405 GPIN(s):24273224032450 City Council:District 5 Jim Lutz(Applicant)Melvin Eaton(Property Owner)Conditional Use Permit(Short Term Rental) Address:917 Pacific Avenue,Unit D GPIN(s):24272444111100 City Council:District 5 James&Lori Jones(Applicants&Property Owners)Conditional Use Permit(Short Term Rental)Address:1722 Baltic Avenue GPIN(s):24270730526770 City Council:District 6 An Ordinance to Amend Section 106 of the City Zoning Ordinance pertaining to notice by the Board of Zoning Appeals. An Ordinance to Amend Sections 1605&1609 of the City Zoning Ordinance pertaining to notice and permits for Coastal Primary Sand Dune Applications. An Ordinance to Amend Sections 1405&1409 of the City Zoning Ordinance pertaining to notice and permits for Wetlands Applications. 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 PILOT-JUNE 27,2023&JULY 4,2023-1 TIME EACH 0 / h -on 'I Uii(L41:3*Y1PDH1 0 / -----/,0 / Z � 0 / C;,,o On/ , PC(111 , . AGI / J / 0:1 ii-Q / / \37 ': �P D.H 1 ) °PDH1, 106,�, � __.,, . AG1 vb X / ;/ i' ' ' \'' e; P \ , _, ,...":„._____ ./ 0 .4„,, ‘ 3. , 7,4: 7/ c, R- , ) D° ' z\ " ** \--0-- re 3 (3 --AG-1 At AP-2 f -__ ii0(S‘cl\t' ( 2. / / / / , 3, /,'' / 0,/ / / P D H1 --------- / /AG- 2 --7,/ i �� i / 0 L- ;/' 0 i 0 - / pan, __� per_ .; QP D H 1 as AG2 ------,:>__ 0-/(/ AG 1 N Thomas A. Brown W -��- ' F: %/A Site _'I,, Property Polygons 2892 Indian River Road s Zoning Building . Feet 0 50100 200 300 400 500 600 a•. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) & (d) of the Subdivision Regulations) for the property located at and adjacent to 2892 Indian River Road (GPINs 14933356970, 1493334650). COUNCIL DISTRICT 2 MEETING DATE: July 11, 2023 ■ Background: This item was heard by the City Council on August 3, 2021, at which time the body voted to defer the item to their August 17, 2021, hearing to allow the applicant time to further address concerns related to access, drainage, and utilities. Following the August 3, 2021, meeting, the applicant's representative verified with Staff the ability to connect the parcels to City sanitary sewer service. As a result, the recommended conditions were modified and additional conditions were added to require a buffer preservation easement along Parcel 2 adjacent to the existing residential neighborhood to the west, connection to city sewer in a manner acceptable to the Department of Public Utilities, and a requirement that the parcels be developed as a multi-lot site plan to address infrastructure requirements, including stormwater and public utilities. At the August 17, 2021, hearing the Council voted to indefinitely defer the application in order to look at the development of the area more comprehensively. An updated plan was also provided to the Planning Department, attached herein, that depicts an increase of the width of the existing private lane, by easement, from 15 feet to 25 feet with a 20-foot wide pavement section designed to support emergency vehicles, as well as a hammerhead or other approved turnaround at the terminus of the accessway. A combination of the applicant's suggested updates and Staffs modifications are provided below on pages 2 and 3 as "Revised Conditions" and are indicated by underlined text. The applicant is proposing to reconfigure two agriculturally zoned lots along Indian River Road, measuring 1.66 and 1.44 acres. The 1.66-acre lot, addressed as 2892 Indian River Road, was legally created by subdivision plat in 1958 (MB 46 P 1). The 1.44-acre lot, which has not been issued an official city address, was legally created by Deed in 1949 (DB 269 P 180 and exhibited in MB 24 P 84). Neither of the existing lots meet the AG-2 Zoning District minimum requirements for street frontage or lot width, which are 120 feet and 150 feet respectively. The 1.66 acre Thomas A. Brown Page 2 of 4 lot currently has 57 feet of street frontage and 62 feet of lot width. The 1.44 acre lot currently has eight feet of lot frontage and 18 feet of lot width. Each existing lot is permitted to construct a single-family residence. The resubdivision results in two lots with square footages of approximately 1.46 acres (Parcel 1) and 1.64 (Parcel 2), thereby meeting the minimum lot area requirement; however, Parcel 2 is proposed to front on a private lane with zero frontage along Indian River Road, short of the 120 feet required in the AG-2 Zoning District (Section 4.4(b)). Since this lot will no longer have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, and the required minimum street line frontage of 120 feet cannot be met (street line frontage is equal to 80% of the required lot width per Section 4.4 (b)) variances to both street line frontage and lot width are required. • Considerations: The proposed reconfiguration will increase the lot width of both lots, resulting in parcels that are more in line with existing city standards. Consistent with the recommendations in the Comprehensive Plan for this area of Virginia Beach, there will be no increase in density as no new lots are proposed and the existing lots were both legally created in the 1940s and 1950s. While the relocation of the lot lines will eliminate the existing street frontage of the 1.44-acre lot, albeit minimal, the result of vehicular access exclusively along an existing 15-foot wide private lane, which is to be expanded to 25 feet wide, is common practice in this area. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received one letter of opposition to the application citing concerns related to impacts to natural resources and what they believed to be an increase in density; however, as noted above both existing lots were legally created, and the request seeks only to reconfigure the property lines and not create new parcels. No opposition was present at the Planning Commission hearing. There were two speakers in opposition at the August 3, 2021 City Council hearing, with the same two speakers in opposition at the August 17, 2021 City Council hearing. • Recommendation: On February 10, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 10-0. Revised Recommended Conditions — August 5, 2021: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and `B' Georgie Wilson 1.44 AC and Property of Thomas A. Brown Thomas A. Brown Page 3 of 4 Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/-," dated August 5, 2021, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development, including a turn-around or hammerhead at the terminus of the private accessway constructed in accordance with City standards. 2. The applicant/owner shall widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress, Utility and Maintenance Easements with the Resubdivision Plat, creating the expanded 25' wide private Right of Way from Indian River Road to the subject parcels. The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. The private lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easements shall mandate that Parcel 2 shall be responsible, along with the other parcels using the private lane for access which are subject to the Declaration of Easements, for the prorata share of the costs of maintaining the private lane. 4. The applicant/owner will retain, and if necessary, supplement a 20' treed Buffer Preservation Easement on proposed Parcel 2 along the shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and review by the City of Virginia Beach as part of the Resubdivision Review Process. 5. All parcels shall connect to City sanitary sewer service in manner subject to approval by the City of Virginia Beach Department of Public Utilities. 6. The two lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. Recommended Conditions at Planning Commission (superseded by the six conditions above): 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and `B' Georgie Wilson 1.44 AC." dated November 25, 2020, and Thomas A. Brown Page 4 of 4 prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Legal ingress/egress for Parcel 2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access. The lane must be a minimum 20-feet wide; the road surface must be able to support 82,000 of vehicle loading and be all-weather, and the fire apparatus must be able to reach the most exterior wall from an approved roadway within 150 feet. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Letter from Applicant to City Council Updated Exhibit Exhibit of All Lots Proposed on Private Lane Recommended Action: Staff recommends Approval. PlanniN_C mmission recommends Approval. Submitting Department/Agency: Planning Department CAAtior'' City Manager: Applicant & Property Owner:Thomas A. Brown Agenda Item Planning Commission Public Hearing February 10, 2021 City Council Election District: District 2 8 City 4 Virginia Beach Request Subdivision Variance (Section 4.4(b&d)of the Subdivision Regulations) • �,J Staff Recommendation Fayette Drove e J Yadkin Dnv �p�� to Approval ' ee GJt . Staff Planner o'er ;• Aubrey A.Trebilcock a tJ + Location ii �2892 Indian River Road Re. GPINsor,,dw„wd 14933356970, 1493334650 y Site Size 3.10 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District r, s. tz.I►... r Single-family dwelling/AG-1 &AG-2 .° ' '+'4 _ , pfi ' '•'� 10' Agricultural :,,,tIii Mite'1f`, , ..,, ' , , Surrounding Land Uses and Zoning Districts . `- r * s- '',*� 4 ,'- ' �,,ti, North S,• ,�. ,, .x -- s y Single-family dwellings, undeveloped/AG-1 . '�C`, , `4 4 •, 4 •" z .e A ricultural & PH-D1 Planned Unit ig , a a'PP�n,�','�", ,, �' '" ti N.," g ii ;t . ) r e4,a, , i 4 { Development o aI) ' ; P 'P' `` A i • ,. • Indian River Road 1-4 'Ted, . +F {,. • "1 , A Undeveloped/AG-2 Agricultural °`" ,' Y' ',4 '~`t '' 4 ` '' 44 East •�, �. c `�' 1 " Private Road •� "'.„.,...to, �, :04.• 94.; �` � i#.P Single-family dwellings/AG-1 &AG-2 f." ` „4. ' • ,S,+J `«-,'. t Agricultural "��' '° - aj .. � g 2 ►�` 4 ,, .]�R...4 trillA..'�1'".. +'"". 't.,.F West Single-family dwellings/AG-2 Agricultural& PH-D1 Planned Unit Development Thomas A. Brown Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is proposing to reconfigure the two subject lots, measuring 1.66 and 1.44 acres, along Indian River Road. The properties are zoned AG-1&AG-2 Agricultural Zoning District. • The 1.66-acre lot, addressed as 2892 Indian River Road,was legally created by subdivision plat in MB 46 P 1 in 1958. The 1.44-acre lot,which has not been addressed,was legally created by Deed in DB 269 P 180, and exhibited in MB 24 P 84, in 1949. • The proposal results in two lots with square footages of approximately 1.46 acres (Parcel 1) and 1.64(Parcel 2).The proposal will result in Parcel 2 no longer having frontage along Indian River Road, only being accessible by a private 15-foot wide private lane.Since the lot will no longer have direct access to a public street, as required by Section 4.4(d)of the Subdivision Regulations,a variance to Section 4.4(d)of the Subdivision Regulations is required. • The 1.66-acre lot currently has 57 feet of street frontage and 62 feet of lot width.The proposal will increase both the street frontage to 67 feet and the lot width to 85 feet.The 1.44-acre lot currently has 8 feet of lot frontage and 18 feet of lot width. As it will lose access to a public street,the street frontage will decrease to 0 feet.The lot width for this lot will increase to 270 feet,as lot width is measured at the front setback of the lot. Since the existing nonconforming street frontage will be decreased even further, a variance to Section 4.4(b) of the Subdivision Regulations is required. Required Street Proposed Required Lot Required Lot Proposed Line Frontage in Street Line q Proposed Lot q Proposed Lot Width Lot AG-2 Frontage Width Area Area (feet) (feet) (feet) (feet) (acre) (acre) Parcel 1 120 67 150 85 1 1.46 Parcel 2 120 0 150 270 1 1.64 Zoning History � !, M,.��,y / # Request 3 \ -"_a� ""' 1 SVR(Lot width,Access to Public Street)Approved .�, ,6'_' . 09/27/2011 / t / Fz, / 2 SVR(Access to Public Street)Approved 04/26/2011 2 ��a�e "p' / 3 CUP(TV Transmitter Tower)Approved 03/21/1986 �aaG 4 SVR(Lot width,Access to Public Street)Approved 09/27/2011 II 9 �, ` 4 A,ne<an.A / ,5 I '`'-k 5 SVR(Lot size,Access to Public Street)Approved 12/13/2016 •C 8 6 CUP(Residential Planned Unit Development) 3���` ' Approved 05/11/1999 ap MOD Approved 05/13/2008 h.4„,„. Pt,,. '`1-,.-. 7 SVR(Street Frontage,Access to Public Street)Approved — 09/15/2015 ``.. �� CUP(Residential Kennel)Approved 11 21 2018 pp / / 9 CUP(Funeral Home,Cemetery,Crematorium)Approved 03/09/1999 Applicat riypes CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Thomas A. Brown Agenda Item 8 Page 2 Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The applicant is requesting to reconfigure the existing lots to improve the shape and marketability of the lots. Although legally created, neither of the existing lots meet the AG-2 Zoning District minimum requirements for street frontage and lot width. The 1.66 acre lot currently has 57 feet of street frontage and 62 feet of lot width. The 1.44 acre lot currently has eight feet of lot frontage and 18 feet of lot width. The minimum street frontage required is 120 feet and the minimum lot width is 150 feet.The lack of width may limit prospective development closer to the road frontage, particularly on the 1.44 acre lot. The proposed reconfiguration would increase the lot width of both lots.The proposed relocation of the 1.44 acre lot would remove its current minimal street frontage and place it fully along the 15-foot wide private lane where access to the properties is common.This would not be a unique exception within the context of the neighborhood,as the Zoning History above includes several examples of lots granted Subdivision Variances for lack of frontage along a public street. The property directly to the north and along this same private lane, 2884 Indian River Road,was also granted a Subdivision Variance for its lack of street frontage and access to a public street. Both lots will continue to exceed the minimum lot area of the AG-1 and AG-2 Zoning Districts. As no new lots are created and the existing lots are buildable by-right,there will be no increase in residential density.This is consistent with the recommendations of the Comprehensive Plan and Interfacility Traffic Area (ITA)and Vicinity Master Plan which seek to limit the density of residential development within the ITA. As the request is not out of character with the surrounding neighborhood and fits the development pattern recommended by the Comprehensive Plan,Staff is recommending approval subject to the conditions below. Updated Recommended Conditions — August 5, 2021 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to recordation,which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC and Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC.+/-," dated August 5, 2021,and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development, including a turn-around or hammerhead at the terminus of the private accessway constructed in accordance with City standards. Thomas A. Brown Agenda Item 8 Page 3 2. The applicant/owner shall widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress, Utility and Maintenance Easements with the Resubdivision Plat, creating the expanded 25' wide private Right of Way from Indian River Road to the subject parcels.The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. The private lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access.The road surface must be minimum of 20'wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet.The Declaration of Easements shall mandate that Parcel 2 shall be responsible, along with the other parcels using the private lane for access which are subject to the Declaration of Easements,for the prorata share of the costs of maintaining the private lane. 4. The applicant/owner will retain, and if necessary,supplement a 20'treed Buffer Preservation Easement on proposed Parcel 2 along the shared boundary lines with The Villages of West Neck subdivision.This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat,which along with the Easement Agreement shall be submitted to and review by the City of Virginia Beach as part of the Resubdivision Review Process. 5. All parcels shall connect to City sanitary sewer service in manner subject to approval by the City of Virginia Beach Department of Public Utilities. 6. The two lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot)site plan to address any proposed infrastructure including stormwater management and public utilities. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC." dated November 25, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. Legal ingress/egress for Parcel 2 to Indian River Road from the private lane to be known as Lauren Lane shall be maintained at all times,through ingress/egress easement(s). Said easement(s) shall be depicted on the final plat and recorded contemporaneously by deed. 3. The private lane must conform to the Virginia Statewide Fire Prevention Code for fire apparatus access.The lane must be a minimum 20-feet wide;the road surface must be able to support 82,000 of vehicle loading and be all- weather, and the fire apparatus must be able to reach the most exterior wall from an approved roadway within 150 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. Thomas A. Brown Agenda Item 8 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons SEGA 4.South Princess Anne Commons lies within the Interfacility Traffic Area(ITA) between NAS Oceana and NALF Fentress,a designation that reduces by-right residential density,yet overall still offers a unique opportunity for education, entertainment, recreation, and habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent of this Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. In addition to the Comprehensive Plan, the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area.The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are no known natural or cultural resources of significance associated with the sites. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,845 ADT1 15,000 ADT 1(LOS 4"D") Existing Land Use —10 ADT Proposed Land Use —20 ADT 1 Average Daily Trips 2as defined by a single family 3 as defined by two single family 4 LOS=Level of Service home homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road is in the vicinity of this application and is considered a two-lane minor suburban arterial. The Master Transportation Plan proposes a divided facility within a 150-foot right-of-way for Indian River Rd. Public Utility Impacts Water City water is not readily available to the property. Health Department approval is required for private wells. A connection to City water may be possible via private easements. Sewer City sanitary sewer is not readily available to the property. Health Department approval is required for septic systems. A connection to City sewer may be possible via private easements. Private grinder pumps and force main(s) may be an option. Thomas A. Brown Agenda Item 8 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on January 11, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,January 24, 2021 and January 31, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 25, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on February 4, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 27, 2023 and July 4, 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 June 26, 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 July 7, 2023. Thomas A. Brown Agenda Item 8 Page 6 Existing Site Layout .. KgORRtwor #/ 0 WOW 11. Wait / 77 Z,,._ I 31-7L / (Mry rot& peo:232°x l AL 1 psi ma , , - - 7 "4„,„, 7) 4 . NOW A Th 103-34 OCT! ♦to** r 'eV' m . .. 1 .66 Ai 1 .44 acres acres i 4ii. A WF / **" x t (AMPLY/ .,„ TROMAS A WO" CM 10}-3 772 15 rwart Jiii TO Of POW TAJO LW $72 25 $ 4a4 - VIriv lj i. .Nit'141 RIO Rb HI 04 sKemtvc pRopost D RESUBDIVISION TMAS A. BROWN Thomas A. Brown Agenda Item 8 Page 7 Proposed Lots /, , / .. -, • / PtC41 04 COMM • p. • 1:',. , TPOIAS 4 BrAk / 7/ ri(uipook Cf ,,, ON 1443-31-7835 ,( (FAR VCIKIVICCC2,37'7C, , '1 , • Al= i ' ,. , , Ks/ Kat ‘ ,,, IISTR flt0934 • - ..." A MEOW) // ---• ni , ' • ' - • ', k PARCEL 2 / ......, mai. K ....,.ex,invorfo!ir.41 4- , MN 04 f31104 7 1 .64 / TbICWS A WOO ° 1491-34-6.50 . acres (r4cAll qt.,i•4 1 4..stirrprr, .- V 8 46 P 1) /. ,7 All ...,.... ' •ti 7 S191 , / i .. ig / 4,z1:, I 1 1 .46 acres PARCEL 1 . . t,ica 24 c. .ft , 4‘,7 A VP o I P'- / % ''' CI FCRIARLY , THOMAS A 840'04 , cm )493-33-'772! /X11909250004'43/C) , 15 FR'arf .ffli TO BIF 10001,4 AS 1 AMEN LAN ,, .-25•09•. 4a 4 r- 124 .... /4/0/4N Rikti$:. - Nue if EXHIBIT Al'Raio RESUBDMSION 01 KOKFirre cc THOMAS A. BROWN Thomas A. Brown Agenda Item 8 Page 8 Revised Plan — Updated June 29, 2023 , PARCEL 3 ----- - - . 43.372 SC.FT. A El _,.. ht0A :P.F2P,C2.yI.Y / so (NST).r:�`c+i32'n.►1L. 12�i 'r: _( ) ___ Iti SS/E{ESS AND 4 40 •• PRIVATE UT%.ITY EASEMENT ,,, ' f ."t` L i �s ....Ea�1'14♦ 71,203 son .' vu�;E F t 1.63s ACRES °• t i! NE4 \ o , %ON N FORWEll • :';'w'#200604260060N87) ♦ I Tons A. NYe►M1 itzt/a' "' ♦ ai ,' C I. I49J-3.�- � �' ' 20'WIDE TREE 'k511 'Z13Il C'Do:"1.` 'C1 i — - • PRESERVATION j (K8 ?4 P i•I j� :' W BUFFER EASEMENT$ i 1,' +'.�^i (INST11,/2'01004TA00Q1137SO) tziie ;.. . .A".? e �(_j Y' ms.-`'_. ! Y .� A. " �' CANDLE PINE LANE �- E {yEV1 IDS- t 1.L�r 3 s I .i T j':'a' ,:"'.,: ►- . .. 1 ;'I' U.. r J'-I_ I EAbitin i 11147 E2 :4:?..14'4'-'uAr , ,1., ..,A';,,,k 0 \ • ;NsT f2:04C726i: 4•4 - ► ►� ,; . i - 1_Ii—. - 1'ff)./7- /,/, ••,,,,„,..,.•,I•,7, „,„„f 1 � �• ` , ..„.. .,‘,;,t..,,, .. • ':,#•• /1:5;5. i ' PARCEL 1 "'` . lec.gro68 5G FT ',R� 1 1 462 Ati';E +C ,' 1 .• / I a ! lti O..r> t z ON , a s , . ., '• IIII 1.:,. .�, P ' J r't' . (INS7.go:):9i4b1 E1 1'C; , r i ifo:,•• ;,UE. 45. 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',...:'=‘; );.,.,..,•"..;• ''.1-',.• •-t• •';', ;tet."*:";•••e'i-.',•-•-•--"Ti-c-.•'••;-:"•Zi-'; ,... . • ' *-7-',. -:-..•.,, ;..• • _ ,,_.1., %..,• „14,...,:,,••)"..,r4."•- ;!1...•; .' ...""'"'"'"•• 4 ....."'. . * '''-.•""'.. 0": 'i.. .14ir .. , _,,..'VV.,'-..'' 4'.''4,..-^'''4'.:' '''''''';'.1.'..' «..7.;-..14;21:-'''''.'';4'ii,:7.7-,-. e..--- ;-.. ,g-- -' :•.- -4.41,:,,: ,--:, ,,'-.....4- *•/: ' •"°•:::•1',''••••`-`‘'‘,it.4.i''..41e-..."'„,:-•,;"•*v'AOr•-r........, r-,:-.,',....,i,,,,"'";- ;„7-.-.ri",t*,e„ .4. -•'''. 7.--:...--.- . ,4•;,;.,..i..w -,-.'-'.:,..1.1*,.,.t,:,..••• ,• ... . si,.;_-%. ,.-...,; si',- - •-.1.;,. ...- gi„i',;;;.7.-.4.,... .,•• •••4"•;•,,'•;A,. -• -•.:'"k1A" ';'46.....-, 41k4 4'.,,,i,,,*- ".... . 7, . ",ler".,; ._-,,,,,A''......i.,-,,0•`,i,"..7',"4' • -,1,...,et,,,., .- --..,.• -.1....t..,•...„,..--,f4.--=, - Thomas A. Brown Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development _,. The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name A OWN Does the applicant have a representative? 0 Yes X 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) • 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 S0 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. C, 1 I t. is Thomas A. Brown Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement \73 .�.___. . Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 'No • If yes,what is the name of the officia.or employee and what is the nature of the interest? Applicant Services Disclosure I Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? X Yes ❑No • If yes,identify the financial institutions providing the service. �-'�. 0.4t:///J/01J rj•JoIlJedig.. 740/.47,0 _ _ 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? XYes ❑No • If es,identify the company and individual providing the service. 4.3/AI - -77,6,44,r AkuJA)f4,9fric•d/iviA4.1) 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 A No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes X No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers Zj Thomas A. Brown Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement Ni13 . iris `r l in 6 Does the applicant have a lion contractor in connection with the stablest 04 the aPPleastion al any business operating is to be operated on the property?0 Yes No • t yes,Identify the company and individual pi°vid the service i des the applicant have an ansineefitufvoyerjagent in connection with the sub)ett of the application or any business operating or to be operated on the property?)g Yes ❑No • . _ d ems4/EIJ ids, e fern and individual pro+�ichr the r f S e A 0,-1fi '1"�`t /a-4. ►r, $ is the applicant rate v s Ngei seances in connection w,, I`e subsea of the.eppotAtIon or any business operating or to be operated on the property?Q Yes No • If yes,identify the AVM and idwai providing the service 610Siont tery that all of the Infoffnation sos*ained in this D closure Statement Formic conipilita.levee and accurate. I understand tt+at, upon receipt of notification that the application has been scheduled for pubbc head1s,f oar ferpeesesk for the information provided Metter two weeks prior to the meeting of PIainnina Coma ise„C y Coma VIDA.CBPA,Wetlands board or any pubk body or committee in cotsnectbn with this application. a"---77. .- r- ' /4".-"*---- . _ Applicant%Flour r Prir►t steno and Title /1/$4/..Ze?Z.e> . Oats is the applicant oho the ownee of the tabled propefty?XYIPS o No • If yes,yn%a do not need to fdl out the owner disclosure statement roll CITY USf OattY/Ad disclosures must be updated two 42i tireetiv prior to any Planning Commission and City COuttete thettehe I .. " osrasno23 , .7 , t lawn A,0. th I ran 31 Thomas A. Brown Agenda Item 8 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Thomas A. Brown Agenda Item 8 Page 14 Item # 8 Thomas A. Brown [Applicant & Property Owner] Subdivision Variance (Section 4.4(b & d) of the Subdivision Regulations) 2892 Indian River Road February 10, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Weiner: Thank you, Ms. Coleman. The next order of business is the Consent Agenda and this will be handled by the Vice Chair, Commissioner Wall. Mr. Wall: Thank you, Mr. Chairman. These applications that are recommended for approval by Staff and the Planning Commission concurred, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda. Agenda item number two, number three, number four, number five, number seven, number eight, and number nine. The Planning Commission also places the following applications for Conditional Use Permit for short-term rental on the Consent Agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and the Planning Commission supports the applications and there are no speakers signed up in opposition, items 15, 17, and 18. Mr. Weiner: Thank you, Mr. Wall. Can we have a motion for those items, please? Mr. Wall: Mr. Chairman, I move that agenda item numbers 2, 3, 4, 5, 7, 8, 9, 15, 17, and 18 be approved by consent. Mr. Weiner: Thank you. Do we have a second? Mr. Horsley: Second. Mr. Weiner: Alright, we have a motion by Mr. Wall and a second by Mr. Horsley. We are ready for the vote. Mr. Tajan: Mr. Chair, just to clarify, I am sorry. For items number three and four, there are amended conditions that remove the requirement with this only go with the operator. So, we are clearing that up. Mr. Weiner: Okay. Ms. Coleman: If you are in favor of the motion, say, yes. And, if you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Coleman: Mr. Barnes. 1 Objection to Thomas A.Brown's ongoing destruction of natural resources in the North Landing River Watershed. V3Virgiaia Beach Property Map ,,' 'r ' , : ,..., sQ Pod aM3re4 ca ida.e Q ti'—,:e,y I a , . (../ +��',,Y4:1,K\s\- '/ 1 - } too K, Fx ' y M , --,i- / / ,,,tj j ---__ .1 A ~!OCR • 96 ITO-76.C'Irkl,,. - /^ All of the lots Thomas A. Brown has acquired(light blue) only allows a rebuild of two residential structures"by-right"to the existing foundations. Complete destruction of the existing structures, removal of trees, impression of lands, and building of new structures all must be expressly approved by City Council before resources are destroyed in order for Council to assess the long-term damage such actions have on all of the existing properties to the south in the North Landing River Watershed. take NO hirS.De Neck Stump, N litr GO AnMz Virginia Beach • , Flown t�Golf • CClubhFlowno t. it J S a.;:.. fiat ,. �. C rra R i tr. NECK Dick any t#tonai Wink,ti10tuQ* 9.k 8 News WM. Mapping of the forested properties Thomas A. Brown recently acquired with the intent to build single-family dwellings. All have either been stripped, or are in the process of being stripped of natural resources existing residents rely upon. 6 of 6 S B SYKES, BOURDON, L AHERN & IlVY, P.C. ATTORNEYS AND COUNSELORS AT LAW 4429 BONNEY ROAD JON M AHERN SUITE 500 R EDWARD BOURDON, JR, VIRGINIA BEACH, VIRGINIA 23462 JAMES T CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT MOLLY R. KISER FACSIMILE* 757-456-5445 July 29, 2021 J Y KIRK B LEVY MICHAEL J LEVY' HOWARD R. SYKES, JR DAVID M ZOBEL Via Email and Hand Delivery -Admittedin Virginia and Washington DC The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: (1)Application of Thomas A. Brown for a Subdivision Variance to Section 4.4(b)for proposed reconfigured"PARCEL 1-1.462 ACRES",which as currently configured fronts 47.48 feet upon Indian River Road and was legally created by a Subdivision Plat recorded November 5, 1958 in D.B.562,at Page 170 ("Georgia Wilson to Lee Etheridge 1.27 AC.") having GPIN: 1493-33- 4650;and(2)Application of Thomas A.Brown for Subdivision Variances to Section 4.4(b)and (d) for a reconfiguration of an existing 1.44 acre parcel which currently has no measurable frontage on Indian River Road and no direct access to Indian River Road as legally created by Deed recorded December 31, 1949 in D.B. 269, at Page 180 and depicted on that plat subdividing "Property of Georgie Wilson Located near North Landing" recorded with the referenced Deed on December 31, 1949 in M.B. 24, at Page 84 (thereon designated "'B' GEORGIE WILSON 1.44 AC.")having GPIN: 1493-33-5697 to create"PARCEL 2- 1.635 ACRES" Dear Mayor Dyer, Vice Mayor Wood, District Representative Henley and Honorable Members of City Council: Subsequent to City Council's virtual public hearing on February16, 2021, Mr. Brown retained my services to represent him with respect to the Subdivision request referenced above. In an effort to provide clarity to what is being sought with these two (2) applications to reconfigure the boundary lines of two (2) existing legally created parcels presently containing 1.66 acres (Georgia Wilson to Lee Etheridge 1.27 Ac.) and 1.44 acres ('B'Georgie Wilson),attached you will find highlighted copies of the recorded plats which legally created the existing parcels in December 1949 (MB 24, PG. 84) and November 1958 (D.B. 562,at Page 170) respectively. Please note that the 1949 Plat in MB 24 at page 84 depicted the then existing 15 foot Lane contiguous with the southeastern boundary of the parcel designated "`B' Georgie Wilson 1.44 AC", and that the parcel had no depicted or designated frontage on S I B_ SYKES, POURDON. Al (. AlIFRN &LEVY.P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 2 of 5 what was then designated "(New Town) Cross Road", other than the point where a "pin" was placed on the right of way line of the public road. Consequently, this parcel's only access to a public road has always been via the 15' private lane and the parcel's frontage on a public road (now Indian River Road) has always been negligible, as depicted on this plat. Please note that the 1958 Subdivision Plat mis-calculated the acreage of the Georgia Wilson to Lee Etheridge Parcel which,based on extensive monumentation of the adjoining properties, has been confirmed to contain 1.66 acres and have frontage on Indian River Road of 48.47 feet. Also,note that this 1958 Plat included a 15' right of way dedication to the County for future widening of what is now Indian River Road which one might argue created 15 feet of right of way frontage (perpendicular to the actual road) for the previously created "Parcel `B' Georgie Wilson 1.44 acres". This needle thin frontage could not provide any vehicular access which would only be attainable from the 15' wide lane. The City does not consider such boundaries that are perpendicular to the roadway as frontage. The proposed reconfiguration of the Georgie Wilson to Lee Etheridge 1.66 acre parcel to create a 1.46 acre "Parcel 1" with the applicant's proposed Resubdivision Plat only requires a Subdivision Variance to Section 4.4(b) for lot width at the building setback to 65 feet instead of 150 feet as now called for. This is a 17± foot greater lot width than the parcel presently has and the new parcel's frontage is the same as the existing parcel's. The proposed "Parcel 1" conforms to applicable requirements in each respect that the existing parcel did and in the aspects that the existing lot did not conform, lot frontage did not change and lot width was increased, reducing the degree of non-conformity. The proposed reconfiguration of the existing 'B' Georgie Wilson 1.44 acre parcel to create a 1.64 acre"Parcel 2"with the applicant's proposed Resubdivision Plat requires Subdivision Variances to Sections 4.4(b) for lot frontage on a public street and 4.4(d) for lack of direct access to a public street. The proposed "Parcel 2"meets the lot width at the building setback and all other dimensional requirements. These identical legal non- conformities exist with the current 'B' Georgie Wilson 1.44 acre parcel and the reconfiguration creates two (2) more conforming, better quality parcels which will be more in keeping with the character of rural residential parcels in the southern areas of the City. S R SYKES. BOURDON. A! 1. AHERN &LEVY.P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 3 of 5 As your professional staff has reported, the proposed boundary line adjustment does not create any additional parcels or residential density and is consistent with the recommendations of the Comprehensive Plan and the ITA guidance. This proposed reconfiguration creates two (2) more conforming, better quality parcels which will be more in keeping with the character of rural residential parcels in the southern areas of the City. It is my opinion that this Resubdivision is squarely within provisions of§4.4(b)(1) and (2) and could have been approved without the necessity of these variance applications. However, by submitting to this Subdivision Variance process, Mr. Brown has agreed to the following conditions: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2892 Indian River Road and 'B' Georgie Wilson 1.44 AC." dated November 25, 2020, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant/owner shall widen the 15' Private Road serving Parcel 2 to 25'in width and record a Declaration of Private Ingress/Egress,Utility and Maintenance Easements with the Resubdivision Plat, creating the expanded 25'wide private Right of Way to be known as Lauren Lane from Indian River Road extending along the entirety of Parcels 1 and 2 and beyond. The Declaration of Easements shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. Lauren Lane shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire S B SYKES, BOURDON, A L AIIPRN &L£vY,P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 4 of 5 apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easements shall mandate that Parcel 2 shall be responsible,along with the other parcels using Lauren Lane for access which are subject to the Declaration of Easements, for a prorata share of the costs of maintaining Lauren Lane. 4. The applicant/owner will retain and if necessary supplement, a 20' treed Buffer Preservation Easement on proposed Parcel 2 along that portion of its rear(western)boundary line that is shared with Lots 79,80 and a small portion of Lot 81 in The Villages at West Neck subdivision. This Buffer Preservation Easement shall be depicted and described on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. These applications come to City Council with recommendations for approval from both your professional staff and from your Planning Commission. I am aware of a February 7, 2021 correspondence from Ms. Lisa Clarkson objecting to this application which contain a substantial number of assertions, both factual and legal, which are simply inaccurate and plainly wrong. In this letter she also recklessly levels blatantly false charges of unlawful, illegal, grossly negligent, and deliberately subversive acts against Mr. Brown, who has complied with all laws and not violated any regulatory codes. Ms. Clarkson also recklessly makes the blatantly false and frankly absurd charge that the City is "illegally" allowing the "by-right" development of a home on a legally existing parcel in the Agricultural District (prior to June 28, 1994), to pass with title to the parcel, when the purchaser is a "developer" who intends to build a house on the property. As her basis for this absurd allegation, she contends that building a home on these lots is precluded by Section 402(b) of the City Zoning Ordinance. Ms. Clarkson S B SYKES, BOURDON, A L AR{RN &LEVY.P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood District Representative Barbara Henley Members of City Council July 29,2021 Page 5 of 5 apparently overlooked the following language in Section 402(b) that directly refutes her allegation of illegality: "Nothing herein shall be construed as prohibiting the use by right of a lot lawfully created on or prior to the effective date of this ordinance (i.e.June 28, 1994) for the purpose of constructing one (1) single family dwelling !i Obviously in our great country, everyone is free to express their opinions so long as they are not slanderous or libelous and Ms. Clarkson is certainly welcome to express hers. Mr. Brown is an upstanding Virginia Beach native who has no criminal record,nor record of violating development and building regulations or ordinances. He has always worked diligently, cooperatively and honestly with City staff and City inspectors. The building of a home on each of these two (2) parcels will not occur until the City reviews and approves the stormwater management plan for each. Thank you for your consideration of this information. Should you have any questions or concerns that I may be able to address,please do not hesitate to call or email me. With best regards, I am Very truly yours, R. Edward Bourdon,Jr. REBjr/arhm Attachments cc: Thomas A.Brown Robert J.Tajan,Director,Department of Planning&Community Development B.Kay Wilson,Deputy City Attorney Aubrey Trebilcock,Planner,Department of Planning&Community Development H:\AM\--Subdivision Variance\Brown\Indian River Road\Dyer_Ltr 7-27-2021.docx (`I ' -,,i p 1 c34 Grote ..„...• ..� 4pr .'c /Jo7 �4 •cItI •Q` Q %T�s • 'a P ho0 4i Q` '�V ,-\ fl,\ \ Vb ' �`Ci • • 1",. , .e)\ ht , • O s '. h oh ` '2 I • i `� 0 0 \\ U , tv vp - I Q. I ti Q� sv /►/-•'_•'. ! '� 1TR.:S' o, _A/W2a'W .4 -Xr /..Cand%7//V. Cross Ro a4/ To /4ur7 0 -- f'rope 4 fr of G rpi G Wi/so r, //,Zoca fal/Ggr :•Clerk's Office of 04.Ci rcxaCoafl of R Wows Ann.CowMp1 go`c' q,[,ENO/A/G-, PA/A(C45S AIY V Ca;VA. ,I,.l dell of a.A.c.a...-L, 19 49 This Plot was SC/L/C:/':/oo" Pee Z,/f '. wIli4Cleiath married in D. B. 1L9. -Poo. 1eb and ci),5/4il - Coin y S'vrYeyor- tc record. Testa Cl.rk 1 I W 6 Goflvp a ce-t fed surveyor do hereby ce t fy STATE OF VIRGINIA that the source of We of Geor'it W'/son COUNTY OF PRINCESS ANtuc to w t r to by deed duly recorded n the C rcu,t Court cot P ncess Anne County Ye in Deed Book Page I Can/LIt r•.'+li LL ��'"� : t;TJatary f ubf c n end for and that►h s plot was mode by me of the d rectron a. the tm County and 5tote otoresord do hereby curt ty that owners ord that th s plot s ent rely w th n the boundor es .+'p..�- D'r.�..a.-,-whose noun.n signed to the of lend covered by the obove ment,oned deed and that forego n wr'leg bearing7`1 t concreted steel pins an spec fed by the Pr ncess Anne Countyl 0 . 9 % h ve Me %sl �o a .y C�..r•i.+s..c, 19'A, hove acknowledged the torn. Subd n t on Regvla,a s o e actually n place on points bete e me n my County and State°foretard _r me!fed thus o d thot the r loco'o s a e a ectly G.en uncle my ho d th s•.;'- cloy of 1.9Ctig.4• shown Zil Aft gal 19 T"rl th s sated v sort p°petty of r Pr nclss Anne County Vo o My commis* erp a \Cy O v 1 L 04'— appears on this plat s w Ih the free copse t o d accord 3 J I once w th the des re of the unders gned owe The 9 ed mere that eke sated s s on es R eD W loess the follow ng s gretures th don of pears on th s plot coot°yes to the Odor noble repute,o s 19 eInt g to the svbd r s on of lord and is accord ngty aporo•ed By such oppro•oI the undersigned does not certify . L0- (ti, 42.417'V as to the correctness of His boundary strew or other I net { o shave on Ih s / p, ot...- i .o- 4::- * y�` /f r- , r t ,oe .. a r .t , u - ty G, /..\'''' r a V I 4()(' / 1 , 13 tr,; .1,, Z. .., / ,g ,.. T ` 'r / 1 / 'II II' F �b Ir1v 9A SG/ a/ lQ' .0' '�` 1f { I Cr:d ••, '3 �a r is / Spy 5 I V 3 ck f f �k;(I ..z r4 b •t'. / / b, 4 -►.; A '4, / t..--.„,.., 2 {I' +n -1 v -4-T. --Pc; ` r -®,I•o.• .proper�,' o f Ciro jr.et J ,Jser/ `J h Li cease',,for Vate-T rt GA,NQ/WG-Pfi'i NCLS,S A G 3co% /-i0o 0o/iV 7S'P \v.3\ 7410dcZ -Co JAB.rJei •-,�, Updated Exhibit PARCEL 3 ,� - - — 43,372 SC.FT. 2 g% Ar.tE; ,t \ El NOM ;R F:FAI€RLY __ :a 1HJMiv A Ski MM ` ( M. i 49!-3!-.�t± it.SO NS11t:20:833210032.!,212�.1 �' Ict�1«RCf-:.•ED c25'`,� `,., , 111 F;I,A� .purr EFSEuE i - 79 PARCEL 2 .: " 51I11190%CF 112u3 SC T : :; 41AG£F 1.635 ACRES ' lel NEM p ,' MON;€ PY.vE�IY 4 p , ( S1R.i2C4'5l CI.742 w)`` ct_ i 'MOS A Pt* a ;.',4 / I N 'y GP14. I4�,.'-33-569' r ;. ; ♦ 20'WIDE TREE /67r/29I1"IMISAG :• ^f i _ _ - __ _- S - PRESERVATION : (41.6 24 f' 114) .•,•,` if ea BUFFER EASEMENT I !',�• 2` a" PARCn.K1 i. F ;fj 137t10 sk- F , , • ., a-cn.7 CANDLE PINE LANE r. AMip.sS;:T,„C j2.0O24.0.-..-,`-xlo-3 1A.r, ... j,N/,/-'-\, 1�� `+ aet 1°',.T Ihi:Fi Ern'>'; Ji t ,? Esptgl f 1n1T-.M:L�•1 tk S / fr' V .wa F„31C UAuIY n OKI g1280114741-PtA 1Ar ti . T260114741Cl C ,- , ad ( ,cf,,,,*; 44t.O. •,.,,,,,, „ ir ,eV t',V%gY'- . ,.OS'i ..:,;(1, c14 : ii; .isi PARCEL 1 •' !f z ;•� 6 3,66M so.FT ,��` , •c t Ziii-!. .11'... I 'fu ii, 1 ,, V''' - t 4: ,�� : :. *:'Y,'is F;R4F.Lr' r Vy'N I .. 'THOoS L. f?:/01 ' z.#? ''., 1 +111 PS--'4-f....io :yam iaa. 4�. 1 •hT 4 INDIAN RIVER ;,'* ROAD Exhibit of All Lots Proposed on Private Lane ® Subdivision Variance .:; 41 approved 09/15/2015 !'i1l i�vv Lots proposed Council Item 7 4rj1 g e • Lots proposed Council Item 8 Przi /41,41104404 af / * / cartels tr3 Y� ow*pmassee*** \\,_- » M M a '',+ _, a` /'�"'`" --;PARcf S ...-'•. II i • ✓4v! i t ra san. r o LIU WWI Wan M t'}t.U1G ` , ie.al mem i sue.,AttCM „ tat st[3 IS f % ....--- t ...•'' , fararia . r vtn 1MRt1»► , rr P. .,i r.d t- t 1 I / "Twa •' ire .a;.MSto M� * • Ott WEI-43411.1 *a r.•t r;.aa MOM MN « war wow + PARCEL 6 !!UR .. •• a 4 t)14,1 4+ 1 yet e�S • , 1 i MNwITT i IOW A.— malruallei 1 • r./—M-ma f MIF AMA UPIR PARCEL 7 ' PARCEL 3 lzurt ail .p Al 1 1M w ewraT EXHIBIT NNW 4 OM c 4 _,At ♦ i I� SU . ,"' i 4'r , a P � Cr I M L ISO �` x�, THOMAS A BROWN PARCEL 2 i . A..',n 1°"""r �► ' :� • 2892 IND'AN RIVER ROAD • s.... .6['t1 ,j .y It 44,*. "p',�.0..�,, ' re WU St 311: , s r 1 1 0 two ) a Xs,M I* $ B GEORCIE WIlSON 1.44 A,.. waowa nir«1tr~ ,i I ,..:I'w. )4 3-33-serv7) e a Sr (11_1. 24.P. Mj • ARO ay . 00 /4/.1?* ., ,, THfJMAS A BROWN ,.,�,,,, -�. Si i iz. 2888 INDIAN RIVER ROAD i .ol w t>1o1e1t, (GP )493-34-$OS2) —— "° t ., ; OilP 43) e - J.C. DAVIS PARCEL 2 AC.± '.S / , (GPIIW: 1403-44-4214) PARCQ 1 ' __ .. (m a 62, P. 43) t,�. *K3�_ j WEST NECK 4.77 ACRES / • •! (tr►"W )4*3--33-0600; k (.a t11/2o14Io1 1000 7+0) f .,,,,ei/-,,i‘4. WPM 4 OM e r ANC _ - 0 ;; WEST NECK PARCEL • j' (s1STh,2019042r 00041.3 70) r / t firLAC+. VRONAk„;.3, l MN v rolcwe 041 YARCN 3. 2O2i SCALE. Irdi ip SCALE ^ Ia1111M1M�rw e ► PROJECT 1602t9 f. ,utrr} e a .,_.............. 1' ) / I i1a1rerr,t'r}s am' *,a..Inc,.lrec ! 141$d Sur\'l"Yt)r soutifoo.INDIAN RIVER: ►.r,ROAD . „ e..lE es foots.,+131 nr.ni«m. fi i ,—\ \ \ _\--,---r,---\., F D 1 ..,.,,,,,„,,,,, ,; - P D;H 1= Y RDjH%1 � I �;1 v Q --A-7 'Li i 6/ ji \ _ -rTii\\ -P D H�1 / '---- ' film 0- , N 1pD H 13__ / PDD H�1 _D _L El] AGfi v Q `� l A.G1 i iz7- '0"--/L, . ,, , &- .7 01/3C-\C-- ,// c77[7 \\ P/ >Hi J - , 410/6 ,j13-DH't ', Ni ' , // 7/' a------)f ' 7 (1! ° U',:. ,(: ,' p) , -( , , 00/-/''\ AG2 U , , , /7/ PDH1 ,,--< 6 ' ------ li# /„.,\ ,, „ / c7\., \\. Thomas A. Brown S�INI r�� Site W•/.\1jj E Property Polygons 2888 Indian River Road, parcel north of •:0' Q Zoning 2888 Indian River Road, and t wo parcels on the east S Building side of a 15-foot wide private Lane, north of Indian River Road - Feet 0 40 80 160 240 320 400 480 . ,,,-„,;._ ,,,,, i�. , ,.„..,, .. .t„ „,, , ii t, t, d CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations)for the property located at and adjacent to 2888 Indian River Road (GPINs 14933480820000, 14934402160000, 14933398000000, 14934400020000). COUNCIL DISTRICT 2 MEETING DATE: July 11, 2023 • Background: The applicant is proposing to reconfigure the boundaries of four existing parcels along a private lane. Since these lots will not have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a variance is required. As each lot has a street-line frontage of zero feet along a public right-of- way, and the AG-1 Zoning District requires a minimum frontage of 120 feet, a variance to Section 4.4(b) is also required. At the applicant's request, the City Council deferred the item for 30 days at their June 20th hearing to allow the application to be considered at the same hearing as a similar application by the same applicant for adjacent parcels. • Considerations: The parcels are zoned AG-1 Agriculture and are within the Interfacility Traffic Area (ITA), which limits density to one dwelling unit per 15 acres. While the subject parcels only contain a total of 7.48 acres, the proposal would not increase density beyond what is presently available. The proposed reconfiguration would result in more uniform parcels that meet the 1-acre minimum lot area requirement and the minimum 150-feet lot width requirement for properties zoned AG-1. Additionally, the applicant intends to pave and widen the existing private lane to accommodate emergency vehicles and extend City sanitary sewer to the site. No city defined wetlands or floodplains are present on site. The applicant will work with DEQ and/or Army Corp of Engineers regarding potential presence of jurisdictional wetlands. Staff received 6 letters of opposition to the application, 5 of which were from residences immediately adjacent to the subject property. Three of those residents also spoke in opposition at the Planning Commission hearing. In response to concerns expressed by neighbors regarding potential impacts to drainage due to the removal of trees, the applicant has conditioned to include a 20-foot-wide Tree Preservation Easement and a 35,732 square foot Natural Area Preservation Easement. Another condition recommended by staff would require the four lots to be submitted as a comprehensive (multi-lot) site plan to address stormwater management and public utilities. Thomas A. Brown Page 2 of 3 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/- and West Neck 4.77 Acres and West Neck Parcel" and dated March 15, 2023, and prepared by Hayden Frye and Associates, Inc. Land Surveyors (the "Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant/owner shall be required to create the private right-of-way and widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress and Maintenance Easement along with the dedication of a Public Utility Easement with the Resubdivision Plat, creating the expanded 25' wide private right-of-way from Indian River Road to the subject parcels. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easement shall mandate that Parcels 4, 5, 6, and 7 shall be responsible, along with the applicant's three (3) other parcels using the Private Road for access, which shall also be subject to the Declaration of Easement and for the pro rata share of the costs of maintaining the Private Road. 5. The applicant/owner will retain, and if necessary, supplement, a 20' treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted on the Resubdivision Plat, which Thomas A. Brown Page 3 of 3 along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. 6. The applicant/owner shall be responsible for extending City sanitary sewer service to each parcel and prior to development, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. A Natural Area Preservation Easement shall be established and depicted on the Resubdivision Plat for the 35,732 square foot area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The four(4) lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Opposition (6) Exhibit of All Lots on Private Lane Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: riA, Applicant & Property Owner:Thomas A. Brown Agenda Item Planning Commission Public Hearing May 10, 2023 City Council District 2,formerly Princess Anne 1 0 ;, Virginia Beach Request Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations) ,..-) ✓" ""` , ,�,,,, "''�r Staff Recommendation �� Approval �• 1 E04 „, , ,„." \ \ t . Staff Planner ��� �o t� Aubrey A.Trebilcock _" a s, •`� ►.... ctt° r 1 R C Location s ! 2888 Indian River Road 14 --..m +.y •� GPINs cc4R p�, P , ' 1493339800, 1493440002, 1493348082, '"Owe Q,�ER .., R°1493440216 w,, ati,,,wN Site Size `u'y 7.48 acres AICUZ 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ,",r�► '• �'� # ya_ • Vacant,wooded parcels /AG-1 Agricultural om:. '�';it� 4 1 ` Surrounding Land Uses and Zoning Districts . North " 4 , —'', Single-family dwellings /PD-H1 Planned Unit ,F , • , �;s .. • Development 4t40. 44 ``'"S ' r, South A ..4 ` • . Undeveloped Land/AG-1&AG-2 Agricultural �` ' :r r,..'. East ` : '~,_ . Undeveloped land/AG-2 Agricultural :� : E+ A, .. r : s , West ..„` Single-family dwellings, wooded parcels/ PD-H1 .4 .. `; 3 , ,, Planned Unit Development ` �.. ,.,. i '` 4, 1 v„ d Thomas A. Brown Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is proposing to reconfigure the boundaries of the four subject parcels, none of which have direct access to a public street. The parcels are zoned AG-1 Agriculture and are within the Interfacility Traffic Area (ITA), which has a recommended density of one dwelling unit per 15 acres. • The 10,000 square foot parcel (GPIN 14933480820000), addressed as 2888 Indian River Road, was improperly created by deed in Deed Book 691, Page 541 in 1961. It previously contained a single-family dwelling that was demolished in 2019. • The 2-acre parcel (GPIN 14934402160000) was legally subdivided by plat in Map Book 62, Page 43 in 1964 and is therefore a legal parcel capable of by-right development. • The 1.58-acre parcel (GPIN 14934400020000)was legally subdivided by plat in MB 44, Page 12A, and as described in Deed Book 514, Page 414,which was recorded in 1957. The property can therefore be developed by-right in its current state. • The 3.66-acre parcel (GPIN 14933398000000) is a residual piece from a 5-acre parcel that was legally created by Deed Book 224A, Page 271 in 1942. This 5-acre parcel would have been able to develop by right, however, it was improperly subdivided by deed to create two new parcels in Deed Book 684, Page 347 (recorded in 1961) and Instrument Number 200301030001716(recorded in 2002). The 3.66-acre parcel requires a plat to be recorded for any future development, necessitating the need for this variance. • The proposal results in four parcels with square footages ranging between 1.19 to 2.66 acres along a private lane. Since these lots will not have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a variance is required. Section 4.4(b) of the Subdivision Regulations requires that all created lots meet the minimum dimensional requirements of the Zoning Ordinance. As each lot has a street-line frontage of zero feet along a public right-of-way,and the AG-1 Zoning District requires a minimum frontage of 120 feet, a variance to Section 4.4(b) is also required. Existing Street Line Frontage in Proposed Existing Lot Existing Lot g Proposed Lot Proposed Lot Proposed AG-1 Street Line Width Width Area Area Parcel Frontage (Required 150 (Required 1 (Required 120 (feet) feet) (feet) acre) (acres) feet) Parcel 4 0 0* 100 290 0.23 1.19 Parcel 5 0 0* 380 250 2.00 2.66 Parcel 6 0 0* 1,270 280 3.66 1.45 Parcel 7 0 0* 615 296 1.58 2.18 *Variance requested Thomas A. Brown Agenda Item 10 Page 2 - r '," P_� PDH1 mIV ,. 2 _. ?, m •i' "�G 41 ., -,,. . S ,. Zoning History n # Request .irj +1 1 CUP(Funeral Home,Cemetery,Crematorium)Approved �. '' � 03/09/1999 .Pia 1 ,X, 2 CUP(Planned Unit Development)Approved 05/11/1999 *G2 MOD Approved 05/13/2008 3 CRZ(AG 2 to Conditional B 2)Approved 07/07/2009 1 4 SVR Approved 09/15/2015 4.., / ; , ,,,,,, .40.,,, . „ Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The proposed reconfiguration of the existing parcels will not further increase the degree of nonconformity.All four parcels will continue to exist without direct access to a public street and therefore continue to have a street-line frontage of zero feet where the Zoning Ordinance required a street-line frontage of 120 feet for property zoned AG-1 Agricultural District.The proposal would allow all four parcels to meet the minimum lot area (1 acre) and lot width requirements (150 feet) of the Agriculture Zoning District and improve access via a widened and paved private road. The subject parcels lie within the AG-1 Agriculture Zoning District and the Interfacility Traffic Area (ITA)Overlay. The requirements of both the zoning district and the overlay limit residential development to one dwelling unit per fifteen (15)acres of developable land for newly created parcels. As the entirety of this proposal only covers 7.48 acres, it then becomes important to demonstrate that approval of these parcels would not constitute an increase in density beyond what currently exists. Thomas A. Brown Agenda Item 10 Page 3 The existing 2-acre and-1.58-acre parcels were legally created by plats in 1964 and 1957 respectively. As such they currently exist as buildable lots with the right to construct one single-family dwelling each. The 10,000 square foot parcel was improperly created by deed in Deed Book 691, Page 541 in 1961. This is similar in nature to 2884 Indian River Road,the property directly to the south,which was also created improperly by deed and granted a Subdivision Variance in 2015 for lack of direct access to a public street and street-line frontage. Unlike 2884 Indian River Road,the 10,000 square foot parcel contained an existing single-family dwelling, built in 1950, until its demolition in 2019. The proposal would therefore not increase the physical density of the area beyond what existed prior to the current Zoning and the Subdivision Regulations. It would also serve to increase the size and width of this parcel to be compliant with the current Zoning Regulations. The 3.66-acre parcel is a residual piece from a 5-acre parcel that was legally created by Deed Book 224A, Page 271 in 1942.This 5-acre parcel would have been able to develop by right, however, it was improperly subdivided by deed to create two new parcels in Deed Book 684, Page 347 (recorded in 1961) and Instrument Number 200301030001716 (recorded in 2002).These two new parcels were purchased by the City of Virginia Beach as part of the Base Realignment and Closure (BRAC) program to reduce density in 2015. As the original 5-acre parcel would have been entitled to one single-family dwelling, and the two parcels created from it are in a program to prevent further development, development of the 3.66 residual piece would not increase density beyond what was originally established in 1942. As the proposal will allow for all lots to better meet the requirements of the Zoning Ordinance, while satisfying the density requirements and recommendations of the Comprehensive Plan and ITA and Vicinity Master Plan, Staff is recommending approval subject to the conditions below. Recommended Conditions 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning&Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled"Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/-and West Neck 4.77 Acres and West Neck Parcel" and dated March 15, 2023, and prepared by Hayden Frye and Associates, Inc. Land Surveyors (the "Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The applicant/owner shall be required to create the private right-of-way and widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress and Maintenance Easement along with the dedication of a Public Utility Easement with the Resubdivision Plat, creating the expanded 25'wide private right-of-way from Indian River Road to the subject parcels. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20'wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet.The Declaration of Easement shall mandate that Parcels 4, 5, 6, and 7 shall be responsible, along with the applicant's three (3)other parcels using the Private Road for access, which shall also be subject to the Declaration of Easement and for the pro rata share of the costs of maintaining the Private Road. Thomas A. Brown Agenda Item 10 Page 4 5. The applicant/owner will retain, and if necessary,supplement, a 20'treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted on the Resubdivision Plat,which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. 6. The applicant/owner shall be responsible for extending City sanitary sewer service to each parcel and prior to development, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. A Natural Area Preservation Easement shall be established and depicted on the Resubdivision Plat for the 35,732 square foot area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The four(4) lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot)site plan to address any proposed infrastructure including stormwater management and public utilities. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons SEGA 4.South Princess Anne Commons lies within the Interfacility Traffic Area (ITA)between NAS Oceana and NALF Fentress, a designation that reduces by-right residential density, yet still offers a unique opportunity for education, entertainment, recreation, habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent for this area to become part of the urban area north of the Green Line. Instead,the general goals are for creation of quality development, a planned mix of public and private uses, exceptional open spaces, and to design with nature. In addition to the Comprehensive Plan,the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area. The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed.There are no known natural or cultural resources associated with the sites. Thomas A. Brown Agenda Item 10 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,845 ADT1 15,000 ADT 1(LOS°"D„) Existing Land Use 2—0 ADT Proposed Land Use 3—40 ADT 1 Average Daily Trips 2 as defined by 0 Single Family 3 as defined by 4 Single Family a LOS=Level of Service Homes Homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road is in the vicinity of this application and is considered a two-lane minor suburban arterial. The Master Transportation Plan proposes a divided facility within a 150-foot right-of-way for Indian River Rd. An undeveloped section of West Neck Parkway borders the subject properties. The Master Transportation Plan shows this section as a future expansion, but states that the alignment of West Neck Parkway (from North Landing Road to Indian River Road) has been moved to the area just west of Courthouse Estates to line up with the north-south portion of Landstown Road (from North Landing Road to Landstown Road).There are no current plans to expand the roadway. No Capital Improvement Projects are slated for this area. Public Utility Impacts Water City water is not readily available to the property. Health Department approval is required for private wells.A connection to City water may be possible via private easements. Sewer City sanitary sewer is not currently available to the property. Condition 6 requires all parcels to connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023 and April 30, 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 April 24, 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 May 4, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Sundays,June 27, 2023 and July 4, 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 June 26, 2023 Thomas A. Brown Agenda Item 10 Page 6 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 7, 2023. Thomas A. Brown Agenda Item 10 Page 7 Existing Site Layout NOW OR FORVERLY CITY OK VIROIMA BEACH CPIN, 1493-43-7693 (N5TR.12-014350050008371170) / ,i_SOBOWSON Of / / OLLACE I / / *ST NECK i to (NSTR/209 190 25000814310) , At , 4 4-Vt 1 43.1. 15.3rE .. -,---- 00 i,, • ,---- :s' A 2.0 acre Parcel ,,,' A . ( lei lt 4 , ,w.i,..0,. ‘ R,:,WSPON 4 93 ,,,,,,,,G.E f .___ REV NECK (M5 .7019012.40081 43/0 NOW OR I' REY---- NOVAS Ar4BROWIH CPO( 1493-34-Wei .. s 47, ..... ,-- ,e, ; . 3.66 acre Parcel sow OR r nit REY CITY CE WOW,BEACH CPA, 1443 43-2693 (WO?f201409D50008575 7C Al, l• V-. ($4'511R.200032.3C0C2575a0) 9' - (MB 52 P 43) tlY j 9C , ------------___ 0,000 sf Parcel / 1.58 acre Parcel ,-... ,...., , . , k ; ! , ' •' .• "CY b 0 ..... ,.... r RI ,,4, .4 4.. i, • ,,,., ,''' / Thomas A. Brown Agenda Item 10 Page 8 Proposed Layout kOW OR FORY*R!Y 01Y O; Y4C04IA A ACH S7718491. 'k '493 43 2593 \ 120.00' (kS1P 170'40905300837673)'f 20'Tree c q Preservation "=Ncice Easement ?�tg,- j ,�,,>, / NILSI ktcX t. Kam": : '"° 'j Z AA t, , / 41 43 . ..k.-% 115.976 SO.FT. g' ti 2662 ACRES N ♦ �YUNE b�, I .e ESTABLISHED 4OA'OR fORHERIY 11 , 11U1A5 A BR3R\ 415,f ' ::IN:'493 33 9800 r(N/:'R.j20'910'1000962710 93 'JrROPERTY LINE t V:,_.+ — 'NCN OR FORYFR �J2 (EY ESTBLISHED 51630 VISION(Y Ailli 140344Orb 1/ ..1?X4rA / �A g 37 201TOd16x7E9S5 71 r.t ;aSiR 1131909750008'4,G; f NCN co,.i iM:i Y 0. < (M.l.6?.P.,S� i 92r OF YR�kA BIAG.. t. %OW OR EERMERIY- ` ---� s P 4PROPOSED 50' GAh 't9?-t3-2593 *t NOVAS A.BROWti 51,90E SQ.FT. -�- SAC (NS1R.j?I40905000837873; 1192 ACRESfl..'N-- -15,C1k ['5 k IO2t(32300026600) 9. PR ar,LINES NREITY MATED/ PA.R CL 6(V B E7 P 43) ' 1 Aa; 4 E13415913OETS . < . _ _ -, w� 20' Tree` :tit (,)p'' � Preservation I it ' Easement / A, • T l3 4. -2.179 ACRES {ma r.•, L Y'V gyp M , / a y�p Q... it/I < �,, 1 . `�� . . m (-\, ".. / ."• i a abri@ m<.�8 / if \ / V-,,, /." :, , / .a is EXHIBIT f b�", z�tz+w.. SHOWING PROPOSED `'-.`. ;.,.P V. RESUBOMSION f ;^ 1x., OF PROPERTY OF 4 �fit. r A ;' .72.3.49"1Y THOMAS A. "BROWN Thomas A. Brown Agenda Item 10 Page 9 Site Photos .• a Ir a r lir �.1-: v t , r 7. , •. . lot~.. kt . • IN -t - . 1. 't y G- ...� ' �t• S �. i ' • i IN y ' r `, •. Mgr. 6'/ s' r { ' tri: i • p. r�i; ' to a �' t 4 tit '. .h- . •* I . , it 'Ili,. , : .,, v. ,,,.li fif . - - 'It, 0. • i vs ... . • 't--%'ti itrit. 4 r' i 4 : Itt . „..t . -a: M F .. ,k,a ti k ., • 'J .Yif�S�••c: .h ¢;'y v tt^k .x ,wy .r' 4:,..-,,,, '.,.. ... !„.41.,,,A,,,,-4„.......p....„....„ , . ,., •—:Aie,..0,,,,,,r ,....„. , ..,'".41/ ,,,,7,.. ,A,,Iri.., ,..,, !,,,, , ,,.., •• ~ • .tee. ' : "!!.it • y`�0►+1 x.. h Y .1 . . ter. . f. ..°�..as i jr ,R. aMn 3, J. •, r 0- • • ,H . at .....JYril._ '• ` • ' .g,. 4 f :5, , :..'ili:.t., .. e ' .' ' ''',7,. .,, lilt ,' . .. • q I::: •• ,} r .)• * *, .t.' 4 e Ma r, • f �,,, S; •t • 1 • Thomas A. Brown Agenda Item 10 Page 10 Site Photos i - L ♦ yam" fir , •a .r ... . , , : '-, ';'1114c'l''' '4-I'''.4-..''''''''.91.14*"316".616:H'.1';'' -.' a , . ..,,, .„... ,, _..,.. , ,:fit ".'•. 0,,iikA se''4,...'.,gt,. at, ....,,7 - .. * tm w • y , ` as i�. N"'.. ... Thomas A. Brown Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement tihr*y rsa$„: Planning&Community- . el The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Thomas A.Brown Does the applicant have a representative? a Yes 0 No • If yes,list the name of the representative R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ® No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity.relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2.3101 L"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 iI Thomas A. Brown Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement Cam of Vtrginia Arad Planning&Communi �,.. �w• Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property' ■Yes ❑No • If yes,identify the financial institutions providing the service Dominion Group 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. Thomas A Brown,Creed Realty 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 2 ( Thomas A. Brown Agenda Item 10 Page 13 Disclosure Statement Disclosure Statement 6 Does the appNtaret have a eoetstruct on contractor m connection wjth the subject of the apot=ration or any business operatnt or 'a be ooetated on the property?0 Yes /No • if tiesodenWy the ctrnpa".y sno ratitedied deeding tine sent. 7 Does the aerenui tt have an ruder/s+uveeet/apern knkenneturi with the MOM Otter a/V*ce ieh o►any baivnets operst!ns or to be operated on the property? Yes 0 No • I N1 identity the eon and itiridto t prowl the service, neyden?null.+lender+fed a Msacwtes 8 Is the spplkant reedited kcal somas in coneecton with the•ubrett o"the application or any buss s operate'u to be Of e+ated on the properly? Y.s 0 No • e yes,identity the tent and tellieldwe pro sidles ttt!'SMCe. R Edward ttourdon,3r,EN,.Sehey.Shwadrr.MVO i Wt.P.C. ctrce'y that/ of the vifoterut,on contained in tent D,sciosurri%taterhent term is convene,true,and ace rite 'uhdert;tan i that fie.eV:4. l Of not:heat n tha.tine application has been scheduled•of.public heasrn8 i ant responsible for updating She Mnfarrnation provided herein two odds prim N dMt hieohnig of Minnie(Conienission.City Council.V1OA.WA,Wetiftw*hosed or any public body or comesI tee Y:celetection wide deit a//Sme es. AlleaMint o 'moron A.bow 1 ow Ake- Print Name and Tide Match 3.2023 Debt t,ae t abo the owrkr of the sui«x prepaetyl•YOS O Na • p yes,you co net needle de Out Ike owner dIschouro imptom ent. . . . ....„, rtu ,ated - er. •r 410 G�tyoa.nr t .a rc t rrnR ns to the applications ss A.-'.,.a pee[O6/29;2 to 2 3 'r"'"e 'rir.47 """"s' eey Trebilcock 3t, Thomas A. Brown Agenda Item 10 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Thomas A. Brown Agenda Item 10 Page 15 Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 10 Thomas A. Brown (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations) RECOMMENDED FOR APPROVAL Mr. Alcaraz: All right. Thank you. What's our next item here? Number 10. Thomas Brown. Madam Clerk: Yeah, agenda item number 10, Thomas A. Brown is an application for a subdivision variance section 4.4(b) and (d) of the subdivision regulations at 2888 Indian River Road. The parcel north of 2888 Indian River Road and two parcels on the east of A 15-foot-wide private lane north of Indian River Road in Council district two. Mr. Alcaraz: Go ahead. Just state your name. Mr. Bourdon: I've got a handout that's a large plan that shows the what's before you today and also the plan that shows on a larger 11/17 that shows the ultimate development of these what are, what will actually be with the three parcels that are already before council that were before council and indefinitely deferred while we figured the title stuff out on this, which has taken, this application has taken quite a while because the title issues with regard to the two parcels on the, the east side of the private road. There were some complicated things that had to be, we had to go way back and everybody, staff were all in agreement that what's before us today or before you today are four parcels of land. All of which can have a resident constructed on them and served by private road. So, the variance that's requested is the same access only to be far improved as what exists today, but it'll be a better road in all respects. So, we've got, as Aubrey did an excellent job in the pre-briefing of explaining this. I'm not gonna go in all the details that, that's the first time I've ever written a three-page narrative on a subdivision variance to explain the title stuff and I'm not gonna get into all that. But so we've got, before you have four parcels upon which a house can be built on each one of them and this proposal is to reconfigure those parcels so that you have a much better pattern of development. The road, the private road will remain a private road, but there will be an additional dedication to increase its width from 15 feet to 25 feet per the conditions and as offered by Mr. Brown who's here today, that road will be improved to state fire prevention code standards. There will be a turnaround at the end of it that meets the City Ordinance requirements, very importantly, city sewer will be extended from Candle Pine Lane up this private road to serve all of the proposed dwellings,the four that are before you today. We have the density overall doesn't increase a bit. The density is just under one unit per two acres for the entire seven parcels that are in existence today, and that will be reconfigured four that are before you today,three that have already been recommended for approval and are before Council and this will go to Council together. The folks who live in the villages west neck abutting this property, their density over the entire development is two units per acre. Again, this is one per every two acres or just under, and the lots are obviously very small because they're clustered with the golf course that hopefully will come back one of these days. What we are doing is all the area at the very top north that's surrounded by property, owned by the City of Virginia Beach to both the east and the north, we're putting, agree to put a restriction on that property that'll be preserved as it is natural wooded area, enforceable by the city. We have no concerns if the Villages West Neck Homeowner Association wants to take some, you know, lead and making sure that that's stays the case moving forward, but that we'll, we're putting it in the deed restrictions and so that exists the same is true. We're talking about doing a 20 foot, retaining a 20-foot tree buffer on these properties adjacent to the existing homes in the Villages West Neck and that also applies to the three lots that are already before Council that are being reconfigured, that are closer to Indian River Road, that'll be serviced by this road. This road will have a shared maintenance agreement that all seven eventual houses to be built on, it will have to be responsible, will be solely responsible for its maintenance. Candle Pine Lane is similarly a private road, all this property was zoned agriculture unrestricted until 1968 and basically my characterization of that is zoning with no restrictions is really not zoning, and that's how this, you know, situation came to exist. Mr. Brown is doing what I think everyone a big service by having this property developed, you know, the way it should be developed, and most importantly to those who may be concerned about stormwater, the density of this property and the amount of trees, it certainly won't produce the stormwater. The lack of density won't produce the amount of stormwater that the surrounding existing developments have. The last condition, which we are not asking to be removed, but I just will point out the running of the models for this property wouldn't be required if we developed the lot as or the parcels as they currently are and Mr. Brown is agreeable to the condition, but just want me to put on the record that if it, because some of these models that they've never been run before experienced with this, they have errors in them. We've cleaned up a lot of that. The development community has sacrificed a lot of money in helping the city in that regard in some other sub catchment areas, but this development doesn't have the ability to have to do 10 or 12 runs of the model. So, we're not saying take it out, but I'm just putting that out there. If the modeling, you know, causes it to have to be run multiple times, that it may just go back to being developed as it is because it just won't be economically feasible to do all these other improvements and run the model time after time, after time. But we appreciate the staffs recommendation, hope that you all see the benefit of this as it's the best way for these properties to be developed and happy to answer any questions you may have. Mr. Alcaraz: All right. Any questions? All right, Mr. Bourdon, we'll have you give you a chance to rebut once we hear from some other speakers. Mr. Bourdon: Thank you, all right. Mr. Alcaraz: Go ahead. Madam Clerk: The first speaker is Albert Daley, followed by Keith Lynch. Mr. Alcaraz: Sir, you can just state your name. Mr. Daley: I am Albert Daley. Good afternoon, everyone. On a personal level, I'll be deeply saddened by the removal of nature for the construction project submitted for approval. The present condition of the surrounding land is a main reason for purchasing the property and purchasing the property in 2012. Hopefully the lots that are proposed will be big enough to minimize the natural impact and initially it did not seem probable that any construction would take place anytime soon as there was a proposed roadway that was far back on the list of improvements. The major concern for myself and I think for most of my neighbors, is the drainage. Although I'm at the high end of Charisma Court, I had to spend over $7,000 to improve drainage, which included four drains and installing flower beds to try to soak up the water. The backyard was so wet, no grass would grow, and all we had was mud, as I consider myself the lucky one on the street in that regard. Although I still have some wet and muddy areas in my back and my side yards. I would just ask to please take into consideration the drainage problem with the removal of trees and the building up of the land for construction before approving this project. As you know, the area in question at this time is very swampy with little or no access. It's very concerning to think about more water runoff coming the way of the residents in our community. In addition to the above, some questions I have are who will monitor the condition of the proposed natural area to end of Charisma Court for any tree problems such as down to rotten trees that may be become a problem. Also, who will be responsible to make sure this stays a natural area, free of any clearing or any building, and who will maintain and monitor their proposed roadway into the construction site. Also, the traffic on Indian River Road is pretty dangerous with the narrow condition of the road and are there any plans to widen this road, especially with the current increase in developments? Lastly, if this plan has approved and proceeds forward, what if we still have flooding along the backyards of the property owners along Charisma Court and other affected homeowners? And I'd just like to thank everybody for this opportunity to voice my opinion and appreciate it, and everyone has a great day. Mr. Alcaraz: Mr. Daley, where do you live? Mr. Daley: Number 43 is my lot. Mr. Alcaraz: Okay. Are there any questions for Mr. Daley? Thank you, sir. Mr. Daley: Thank you very much. Appreciate it. Mr. Horsley: I have one. Mr. Alcaraz: Oh, sure. Mr. Horsley. Hold on sir. Mr. Horsley: Sir, did you say that water runs off of this property onto your property? Is that what you said? Mr. Daley: Well, we just wanna make sure that it doesn't happen. Mr. Horsley: Okay. Mr. Daley: Everything is wet right now and we just don't want it to become worse by removal of trees and building up of construction sites for homes and, you know, they usually raise those up so everything's gonna run off of there. So we're concerned. Mr. Horsley: Okay. Thank you. Mr. Daley: Is that it? Mr. Alcaraz: Thank you, sir. Mr. Daley: Thank you very much. Appreciate it. Madam Clerk: Keith Lynch, followed by Thomas Carini. Mr. Alcaraz: How are you doing Mr. Lynch? Just state your name. Mr. Carini: Good afternoon, everybody. Thomas Carini. C-A-R-I-N-I. I basically wanna say these few things. I think possibly to retain the water to have access water pond in the back and will the road be entering? Well, will the road be entering? I see the planning now, so I kind of understand that a little more. Indian River Road needs to be updated. There are quite a few accidents and it's flooding. How will the utilities be brought into the homes, sewers, electric, gas, and water. That's very important and we were looking for a 40-foot setback from our back, I am lot number 44. Some examples of flooding, boat creek, the golf course and the rec center are built right on a stream, Asheville Park, you have all kinds of flooding. Bernard Street of Seaboard ever since I built the school that street floods and Indian River Road floods on any heavy rain, I don't how they're gonna make a 90 degree turn into this road and thank you for listening to me. It's important that Indian River Road be fixed first, I think. Thank you. Mr. Alcaraz: Mr. Carini any questions? Thank you. Did you call Mr. Lynch? Madam Clerk: Yes, recalling Keith Lynch. Mr. Alcaraz: Afternoon, you can just state your name for the record. Mr. Lynch: God afternoon. My name is Keith Lynch. I'm from lot 45 of the group here before you today. Before starting, I'd like to make one request of you folks and I know because I understand as a former public servant, this is a very important job but I would respectfully request that you take a time while you're here, sometime during your hours of work, take a ride down the road one mile and ride through the West Neck Community and see what has taken place there because of what developers promised, developers planned, the city supported, the city zoned, and too often builders we're left with the residue. They buy it, they build it. They bade us into it. We had a wonderful community; the centerpiece of our community is terrible. The emotional and devastation for people 70s and 80s years old has been tremendous. So, I want to thank you for your work, but encourage you, please take a ride and see the pride, 90% of that community is own or occupied. The people were made promises, promises weren't kept, and it really has had a debilitating effect on beyond what you can imagine unless you live there. My thoughts are primary. There's a nexus to this and that, of course is a density. I live next door to Tommy. I cut our grass today. My grass between, there's still standing water between my house and his house. So, with that, I've got some bullet points I'd like to share with you. There are seven homes that are greatly affected now by the current proposal, and I do respect property values. I've been involved in these situations. Water mitigations of great concern of all, you know that. Water density was increased, and the density was increased by adding the golf course. It's also interested to note that all the land that was moved, all the modifications made to make the contours of a golf course, all four retention pines in the West Neck Community are on the golf course. There is none. The current people that we're fighting with who've threatened to arrest us for going on the property have let put steel walls behind the property for people who have complained, have threatened us with their deep pockets and so forth, and continue to do so. My latest information is coming up, our homeowner association that they have now made accusations, at least innuendo. Then maybe we started the fire in the six-foot weeds since... Mr. Alcaraz: Mr. Lynch can we just focus on this agenda item now? Mr. Lynch: Yeah, we can. Mr. Alcaraz: Okay, thank you. Mr. Lynch: The increased density is a direct contradiction to the city's comprehensive plan. In October after Matthew, it resulted in a flood protection provided for the city. A bond referendum was passed. The proposed 20-foot buffer when water mitigation would be a major concern and entirely inadequate. The development of the round property would definitely decrease the ability to land of sore water, increase impervious services, including structures, hardscape, required access roads, driveways, sidewalks, and other amenities such as pools, tennis courts, or out buildings. Additionally, there's 175 yards of woods you can't seize through right now behind our house. Additionally, the undoubted removal of deciduous trees, which can absorb 11,000 gallons of water per tree would provide -- would be extremely harmful. Our zip code receives 47 inches of rain a year, 623 gallons per inch for every thousand square feet of hardscape and impervious surfaces. There's a runoff of 29,000 gallons of water. Based on these figures, a 20- foot buffer is totally inadequate. Our house is 31 feet from our property line, which would mean we could be 51 feet from a structure on this property, you can, you have to ride there to see the smallness of our lots, the current vegetation a natural buffer of 70 feet protecting the vegetation would greatly benefit the water mitigation and provide us with a natural area that we paid for, all these lots were prime lots. Folks, this is a very important decision and for all of us. Mr. Alcaraz: I'm gonna have to interrupt you. Mr. Lynch: If you have any questions, I'll be happy to answer, thank you. Mr. Alcaraz: Any questions? Thank you, sir. Mr. Lynch: Thank you. Mr. Alcaraz: Next speaker. Madam Clerk: That's all the speakers. Mr. Alcaraz: All right, Mr. Bourdon, if you'd like to come forward and... Mr. Bourdon: The first thing I wanna, wanna say is Mr. Lynch's concerns, I agree with him a thousand percent. As far as what has happened to the golf course at West Neck, it is an abomination, and I could not agree with him. I think he's hit that part of this spot on, but that's a different matter and hopefully. Mr. Lynch: Is it possible to turn your mic, I can't hear you and you're talking about me. Mr. Bourdon: Okay. Mr. Alcaraz: He is actually complimenting you. Mr. Bourdon: I am agreeing with you what your big point is, and I completely empathize and sympathize as I'm certain all members of the commission do as well. So, it's that's not falling on deaf ears. I can assure you of that, but the stormwater issue, when that development took place, we didn't have stormwater regulations we have today, and we didn't have the modeling that we have today. This property is not creating the problems that they are experiencing because it's completely natural at this point. It's, if anything, I do believe, I can't swear to it, but I do believe when this is all said and done, their circumstance will be improved from a drainage standpoint, it certainly won't be hindered in any way by this development. The 20-foot buffer is a visual buffer. The stormwater management will be something that'll be, you know, dealt with through this site plan, approval process that is condition number eight, that water, that will be, what water will be coming off of this, you know, very one unit per, almost two acres of land development will be handled on site and there will be no water that will be discharged from this site onto their properties. But again, I get that, but, you know, we have a, and the bond refer and everything else, the city's spending so much money to make sure that we don't create stormwater problems in the future and that's the protection here. Developing the property as it is with seven, in this case, four lots would not require that. So, the reality of it is, is it, it can only be beneficial or neutral. It cannot be worse, and it won't be worse in any way and the other issue is not something that Mr. Brown can do anything about, but I do believe, there's hope that that situation may come to a positive conclusion. But patience will be the key word. The road that'll be built, as I said earlier will meet the safety requirements, this is not creating additional development units at all, just making them better for everyone involved and that's why your staff has recommended approval. The conditions, as I've said, are acceptable and I'll be happy to answer any questions you may have. Mr. Alcaraz: Thank you, Mr. Bourdon. Any questions? So, Mr. Bourdon, I'll ask, so right now there are four lots, there are four lots, correct right now? Mr. Bourdon:There are four pieces of property now upon which a house can be constructed on. Mr. Alcaraz: And what is the width of that, I guess? Is it a dirt road, pave road going back? Mr. Bourdon: The width is 15 feet, 15, one and five. Mr. Alcaraz: And you're gonna make it what? Mr. Bourdon: 25. Mr. Alcaraz: With a turnaround or a cul-de-sac? Mr. Bourdon: With a hammerhead at the end, paved to handle all the heavy fire equipment, the width of the pavement, et cetera, the depth of the pavement and all, and the utilities being primarily city sewer will come in from the south,from Candle Pine. And if y'all haven't been down driven Candle Pine, and I think it's Riddick Lane, the quality of the homes there, the quality of the homes here will be equal or likely better, but those are very, very nice homes. They will not be inexpensive homes at all and the people who will build them and live in them will be able to afford to maintain the road because it'll be, you know, built, you know, brand new and so it's not, not something that's gonna be an issue until years down the road. And HOA will be mandatory, they'll have to pay into it for the maintenance of the road in the future. Mr. Alcaraz: Is there any, it was brought up, is there any plans for a turn lane or anything at Indian River, improvements? Mr. Bourdon: We don't have, we don't have any property that's on Indian River Road on the east side of Indian River, on the east side of where this road intersects with it. So there, I don't believe that there is in, because Indian River Road in a lot of spots, it's only 30 feet wide as far as right of way. I don't believe there's right of way there today. I believe the city though does own the, they may not own the one property directly adjacent to the east, northeast corner, but further and may be even adjacent, but the next one over they own, it's, there's no house there. It's what Aubrey was referring to in the informal that where the city had bought a couple of lots out there that could have been built on using some of the state money from ACUS or its money that we got to reduce density based on some, I won't get it. I don't wanna misstate how it works, but they, the city owns the properties along the Indian River Road, but I don't know that they own the one directly adjacent. If they do, then there's certainly the opportunity to do that. Mr. Alcaraz: And this is gonna be a private road, not public? Mr. Bourdon: Yeah private road, yes. Mr. Alcaraz: Okay. All right. Any other questions, Mr. Horsley? Mr. Horsley: No, I've just got a couple. I don't have other questions for Mr. Bourdon. I just got a couple of comments to make. I am very aware of some of the problems that the people in West Neck have been having but this is entirely a different situation. Hopefully something can be done to rectify the problems at West Neck, because that's I think I was probably on planning commission when that was approved originally. I remember when it was farmland and before it was developed and it was approved and it developed and it was, it flourished at that time. But that's not this application. This application is a big improvement over what could be done there and the dense is not going to change and with the stormwater management program that we have in play now, I don't think you people have got to worry about any water running off of this property onto your property. Whether your water can run on them or not, I don't imagine that's gonna happen, but their property will be taken care of through the stormwater ordinance. So I really think this is an improvement for this property and I would support this application. Mr. Alcaraz: All right. Thank you, Mr. Horsley. Is there any other comments Commissioners? None, can I have a motion? Mr. Horsley: I make a motion, the application be approved. Mr. Alcaraz: Motion by Mr. Horsley. I need a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Madam Clerk: The vote is now open. Mr. Clemons? By a vote of eight to zero, the item has been recommended for approval. Mr. Alcaraz: All right. Thank you. All right. Next item. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/- and West Neck 4.77 Acres and West Neck Parcel" and dated March 15, 2023, and prepared by Hayden Frye and Associates, Inc. Land Surveyors (the "Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant/owner shall be required to create the private right-of-way and widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress and Maintenance Easement along with the dedication of a Public Utility Easement with the Resubdivision Plat, creating the expanded 25' wide private right-of-way from Indian River Road to the subject parcels. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easement shall mandate that Parcels 4, 5, 6, and 7 shall be responsible, along with the applicant's three (3) other parcels using the Private Road for access, which shall also be subject to the Declaration of Easement and for the pro rata share of the costs of maintaining the Private Road. 5. The applicant/owner will retain, and if necessary, supplement, a 20' treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. 6. The applicant/owner shall be responsible for extending City sanitary sewer service to each parcel and prior to development, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. A Natural Area Preservation Easement shall be established and depicted on the Resubdivision Plat for the 35,732 square foot area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The four (4) lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. Mr. Aubrey Trebilcock Virginia Beach Department of Planning atrebilcock@vbgov.com As per our phone conversation on May 05, 2023 I am following up with an email describing my continued concerns for the development of above mentioned properties. On a personal level I will be deeply saddened by the removal of Nature for the construction project submitted for approval. The present condition of the surrounding land is a main reason for purchasing this property in 2012. Hopefully the lots will be big enough to minimize the natural impact. Initially, it did not seem probable that any construction would take place anytime soon, as there was a proposed roadway that was far back on the list of improvements. The major concern is drainage. Although I am at the high end of Charisma Court, I had to spend over $7,000 to improve drainage, which included 4 drains and flower beds. The back yard was so wet, no grass would grow, and all we had was mud. I consider myself the lucky one on the street in that regard, although I still have some wet/muddy areas in my back and side yards. Please take into consideration the drainage problem with the removal of trees and the building up of the land for construction before approving this project. As you know, the area in question, at this time, is very swampy with little or no access. It is very concerning to think about more water runoff coming the way of the residents on Charisma Court. In addition to the above, some questions I have are; Who will monitor the condition of the proposed natural area at the end of Charisma Court for any tree problems such as downed or rotten trees that may become a problem? Also who will be responsible to make sure this stays a natural area free of any clearing or building? Who will maintain/monitor the proposed roadway into the construction site? Also, the traffic on Indian River Road is dangerous with the narrow condition of the road. Are there any plans to widen this road, especially with the current increase of development along this road? Lastly, if this plan is approved and proceeds forward, what if there is still flooding along the back yards of the property owners along Charisma Court and the other effected home owners? Thanks so much for the opportunity to voice my concerns concerning the above mentioned properties. Our phone conversation was pleasant and you were very open, helpful and available. Regards Albert and Mary Daly 2937 Charisma Court Virginia Beach, Virginia 23456 419-779-5323 Aldaly730@gmail.com Re: Thomas A. Brown Subdivision Variance 2888 Indian River Road 2020-PCCC-00293 May 3, 2023 Dear Mr.Trebilcock, We are writing to again express our concerns about the above variance application. It seems that now the applicant wishes to reconfigure two lots to create FOUR salable buildable lots of equal size, resulting in one house on each lot, which is of even greater concern than the original application creating two lots. Our concerns remain the following: 1) When we purchased our house in December, 2016, we assumed that the woods behind it would not be developed, which is why we chose this particular location. 2) Much more importantly, it has taken us several years to control the significant drainage problem we experience in our backyard. Our efforts, combined with those of our immediate neighbors, created French drains, buried gravel ditches, and buried downspouts, costing several thousands of dollars. The trees on the proposed lots currently help to control an already poor drainage area. If we lose a significant number of trees in the woods for creation of four buildable lots, the drainage situation will be greatly exacerbated - not only for our property, but for the proposed lots as well. We urge you to consider whatever steps that can be taken to mitigate this potential threat to our property. Please forward our concerns to the members of the Planning Commission for consideration before the hearing on May 10. Sincerely, Eleanor Massie and John Taylor 2956 Elegance Lane Virginia Beach, VA 23456 508-237-1382 Emassie4@aol.com Mr.Trebilcock, Thank you for contacting us today,Thursday, May 4, 2023 in regard to the situation about Mr.Thomas Brown building homes behind our home at 2933 Charisma Ct. in West Neck community. As you are aware our neighbors as well as us are quite concerned about the issue of building homes in the woods behind our homes. Which are on wet lands causing flooding on our property. Again, along with our neighbors,we have spent thousand of dollars on trying to repair the flooding on our property,there is no run off! The trees in the woods soak up an abundance of rain water. So for us to loose the trees, would only exacerbate the situation. Therefore, building homes in the woods would also be devastating for new homes as well as us. Mr. Trebilcock we thank you in advance for allowing us to voice our concerns and hopefully you are very much concerned as well as we are regarding the flooding problem.... Here are the questions regarding this situation. 1. A retention pond to hold the excess water is needed. 2. Will there be a road entering the homes? 3. Indian river road needs to be updated! 4. How will the utilities be brought into these homes, sewer, electric,gas, and water? 5.A 40 foot set back behind our lot. Examples of flooding 1. Bow Creek golf course floods because the rec center is over a stream. 2. Ashville Park floods after heavy rain. As well as our property already. 3. Bernadette St floods off Seaboard Ave, since the school was built. 4. Indian River Road floods after every heavy rain the same as our yard. Thomas and Maryann Carini 2933 Charisma Court 757 689 8707 CARINI2@COX.NET Hello! I would like to submit a letter of opposition to Mr. Thomas Brown future development on Indian River Road. This new development will negatively impact the drainage of neighboring properties including ours. I want to make sure the city of Virginia Beach is aware how wet it is around our properties. When it rains the ditches/swales are already maxed out. I would highly recommend that the Site Planning Commission request a full drainage plan for all 7 site plans. Respectfully, Justyna Dlugolecka 2900 Indian River Road TO: Mr. Aubrey A. Trebilcock Staff Planner RE: Subdivision Variance (section 4.4(b) & (d) of Subdivision regulations Thomas Brown property 2888 Indian River Road Mr. Trebilcock, thank you for returning our call to discuss the concerns with the above variance. As you know my wife and I, as well as all the affected owners of Charisma Court have expressed serious concerns about this project. All the affected property owners paid a premium for our lots due to the natural area behind our homes. We were all told that this was City property and was eventually to be used for the extension of West Neck Parkway. That plan was never put into action. Our concern, and those of our neighbors, who are now in their seventies and eighties, is that this proposed variance will negatively affect their quality of life and their property value. The following is a list of our concerns: • Seven homes now are directly affected by the current proposal • Water mitigation is of GREAT concern to all involved. As you know West Neck's housing density was increased by allowing the golf course to meet the open space requirements for housing density.This has caused our entire community, and especially this area, to be extremely wet. We have personally spent more than $10,000 to regrade, sink downspouts, add 7 additional drains, and extensive planting to allow us to use our yard. Other neighbors have also taken similar measures. • This increase in density is in direct contradiction with the City's comprehensive plan. On October 9, 2016, Virginia Beach suffered post-tropical storm Matthew.This event resulted in flood protection being a priority for the city. • While our properties are not CURRENTLY in the FEMA-regulated flood plain, it should be of concern to AE Flood Zone is just on the other side of Indian River Road, less than 1,000 feet from this proposed variance. • This current proposal provides a 20-foot buffer, with water mitigation to be a major concern, we feel this to be entirely inadequate. The development of the Brown property would significantly decrease the ability of the land to absorb excess water by the increase of the impervious surfaces; including structures, hardscape, required access roads, driveways, sidewalks, and other amenities that may be added to the properties including pools, tennis courts, outbuildings, etc. • Additionally, the undoubted removal of deciduous trees, each of which can absorb 11,000 gallons of water per tree, would prove to be extremely harmful. Our zip code receives an average of 47 inches of rain (623 gallons of water per inch). Every 1,000 square feet of impervious surface can result in a runoff of 29,000 gallons of water. • Based on those figures, a 20-foot buffer is totally inadequate. Our HOUSE is currently 31 feet from our property line; therefore a 20-foot buffer would put our HOUSE only 51 feet from a possible to-be-built structure. A natural buffer of 70 feet, protecting the current vegetation would benefit water mitigation and provide us with the natural area we currently enjoy. In conclusion, without serious alterations that address WATER MITIGATION,TREE REMOVAL, AND AN EFFECTIVE NATURAL AREA AND THE LOCATION OF PROPOSED STRUCTURES, we respectfully request that this variance be denied for the reasons outlined above. Jack and Nora Lynch Lot 45 2929 Charisma Court Virginia Beach, VA Planning Commissioners, The same issues continue with the planning department applying urban development guidelines to the Southern Rivers Watershed. As someone who lives directly downstream from this proposal—you created a public nuisance. Even urban subdivision regulations require a delineation of wetlands. Mun. Code § 6.1(n). You cannot arrive at the minimum lot area without one. Mun. Code § 2(b)(4). So, where is it? While the rules are stricter due to this property's location in the ITA, planning has not ensured elementary compliance applicable to the Agricultural Districts. Mun Code §405. Additionally,there are wells and septic systems required for these lots. While the applicant may'think' he will extend services —they are not currently available. Upstream and downstream delineations are required under the Virginia Code. These requirements protect the health and safety of residents,the 'hardship'this builder is attempting to claim is shared equally among all residents in the district. A new purchaser does not get to come in and place wells/septic systems on one acre of property when current inhabitants with more acreage cannot physically do so. Perhaps Mr. Brown should reconsider purchasing wetlands in a deliberate attempt to profit from placing additional individuals in an unhealthy situation. Please start ensuring that every single proposal in the Southern Rivers Watershed complies with the regulations. This is still a critically impaired watershed, and you have residents which rely upon you. Please excuse the brevity and grammar of this email as it was sent from a mobile device. Sincerely, Dr. Lisa M. Clarkson Of Counsel, Executive Director SFF Conservation Initiative, Inc. 501(c)(3) "What will you leave your seventh generation?" https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sffconservationinitiative.org %2F&data=05%7C01%7CATrebilcock%40vbgov.com%7C679ba864d0614ced2dd108db51613cf1%7C877 67a669f6e49f784d149f49be494e7%7C0%7C0%7C638193250316098537%7CUnknown%7CTWFpbGZsb3 d8eyJWljoiMC4wLjAwMDAiLCJQIjoiV2luMzliLCJBTi16Ik1haWwiLCJXVC16Mn0%3D%7C3000%7C%7C%7C& sdata=FBK82pM 1NoN92Vn2VW6HJITxyN%2BTHxmNy0r4pvhEKNg%3D&reserved=0 <https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sffconservationinitiative.or g%2 F&data=05%7C01%7CATrebilcock%40vbgov.com%7C679ba864d0614ced2dd 108d b51613cf1%7C877 67a669f6e49f784d149f49be494e7%7C0%7C0%7C638193250316098537%7CUnknown%7CTWFpbGZsb3 d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzliLCJBTi161k1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C& sdata=FBK82pM 1NoN92Vn2VW6HJITxyN%2BTHxmNy0r4pvhEKNg%3D&reserved=0> (757)301-8822 office (757)450-3329 cellular Exhibit of All Lots Proposed on Private Lane _._. 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IED:0 c3 V). 0 n P : I _ - - EMI Site 1i ' Property Polygons Sarah Long Zoning 523 Hilltop Plaza Shopping Center Building Feet 0 50100 200 300 400 500 600 i, r �.au eft (-) ,, f- 7.j ivs1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SARAH LONG [Applicant] BRIXMOR GA HILLTOP PLAZA, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 523 Hilltop Plaza SC (GPIN 2407678925). COUNCIL DISTRICT 6 MEETING DATE: July 11, 2023 • Background: This is a request for a Conditional Use Permit for a Tattoo Parlor to operate a permanent makeup studio within an existing salon in the Hilltop Plaza Shopping Center. The property is located along Laskin Road at the intersection with Hilltop Plaza Shopping Center. The proposed tattoo parlor will occupy a private room totaling 100 square feet within the salon. Services will be provided by appointment only and one additional employee is anticipated. • Considerations: The proposed use is, in staffs opinion, acceptable, as the property is surrounded by commercial properties. No additional parking is required as the shopping 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, 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. • Recommendation: On June 14, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 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. Sarah Long 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,,--` Submitting Department/Agency: Planning Departmente,,,f -/ City Manager: Applicant Sarah Long Property Owner Brixmor GA Hilltop Plaza, LLC Agenda Item Planning Commission Public Hearing 14, 2023 Ciryvf City Council District 6 5 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation ,..A. I\--\ \ \ )___., oR�"1`" i Approval E t-T Bp'`EV�,REpit"oR y WOLF SNARE RD z /\ 0 I � tpUREEL.- = -0 Z r LE LN Staff Planner m r. r �MPO ,co, -12 12 , r P Michaela McKinney G. aE�0 ' '4 ° STEVE LN o O jD KAREN LN pO Rp .._._.__ me Location `Ayc,N o A � 523 Hilltop Plaza Shopping Center, Suite 27 octo' oR° x� GPIN i, i 2407678925 otN -I 264 Site Size o 0 - W 14.3 acres (100 sq ft room) . w ,...4 AICUZ iF D WISCONSIi \ NAVE 7 Greater than 75 d6 DNL cINIABEA N l� 1 3 oft,R !t CH BLVD Watershed GARDEN DR MICHIGAN AVE Chesapeake Bay Existing Land Use and Zoning District Shopping Center/B-2 Community Business $ ar ;co,. v :- �' Surrounding Land Uses and Zoning Districts "" =- 0 -=�`,,- KoNR° 1 `Ns North y ,` , r, . t Laskin Road TF�-: ", = 1 g Retail, restaurant, bank/B-2 Community . +' • _ f.^ .. „ Business f- - .�- =rt .": = 1: : South _ - J - Donna Drive V `` � :? - - Apartment, retail/A-18 Apartment, B-2 Community Business �*`'"`� »*ow, ' -. ,1-`. �t: �` �xp East --° o- Retail, religious use, office/B-2 Community . Business / , ._,x a West * �`` ,•" #' ., apNN•' s ,, * :Y�� Retail, mini-warehouse / B-2 Community ,, Business Sarah Long Agenda Item 5 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 salon at the Hilltop Plaza Shopping Center.The shopping center is located along Laskin Road on property zoned B-2 Community Business District. • Microblading will take place in a small, private room within the existing salon. • According to the applicant, one employee is anticipated. • The salon has 24-hour access by a private code,the applicant will take clients by appointment only, Monday through Friday. • No exterior changes to the building are proposed, as well as no new signage. � , B z c BP oksoy \-3 \ / Zoning History r �� r' f4' # Request 1 CUP(Tattoo Parlor)Approved 04/03/2023 ♦� / - �� 2 CUP(Craft Brewery)Approved 05/05/2015 3 CUP(Motor Vehicle Rental and Bulk Storage)Approved /, ,_ 03/22/2005 • %� 4rI ' CUP(Tattoo Parlor)Approved 11 08 2017 i y / pp / / r 4 CUP(Church)Approved 10 24 1995 62 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 suburban area.The application of permanent make-up within an existing salon is not expected to negatively impact other uses within the shopping center or the vicinity. This property is located within the greater than 75 dB noise zone of the Air Installation Compatible Use Zones (AICUZ). Uses within this noise zone are limited, as identified in Article 18 of the Zoning Ordinance; however, personal services, such as the proposed tattoo parlor, are considered compatible uses. 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 Sarah Long Agenda Item 5 Page 2 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 make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up 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 Hilltop Strategic Growth Area (SGA) on land that is designated for non-residential mixed- use development. Design principles for the SGA aim to provide a mixture of retail offices, restaurants,and other non- residential uses and comply with the AICUZ land use requirements. Given that the use is compatible within the AICUZ >75 dB noise zone, adding the proposed use to an existing business would be appropriate as the area continues to develop towards the SGA's vision of a walkable, urban environment, and mixing uses will have the added benefit of reducing the number of local vehicle trips to the area. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural impacts. Sarah Long Agenda Item 5 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 25,030 ADT1 36,900 ADT 1(LOS 2"D" No Change Anticipated3 1 Average Daily Trips 2 as defined by a Tattoo Parlor 3 LOS=Level of Science Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two, 2-lane local access roads parallel to the mainline portion of roadway: one the south side of Laskin Road and one on the north side of Laskin Road. There is a roadway CIP project under construction in this area. Laskin Road—Phase I (CIP 2-156) is for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. Construction is scheduled to be completed in 2024. Public Utility Impacts Water & Sewer This site is connected to sanitary sewer and city water. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 15, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 28, 2023 and June 4, 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 May 29, 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 June 8, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Sundays,June 27, 2023 and July 4, 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 June 26, 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 July 7, 2023. Sarah Long Agenda Item 5 Page 4 Site Layout ur, ,.•, , .._ 1-., AA . ' # - - 4- .ik. ..• „.,...... SlyA .777- lig't '. ,a \ ' . - 10 o•ialo°,,, -- • .„14. . ,.. 400 ,,•• .. - __ , _. „ .:. , • , . \, , ,. .. . , ...„.•.....i ,, 0 . _ t, .i. - r r r a► L J orr .- • f ' +A' ..ps -.. , a [: ifi. ,; . 0 i t � # �! : '. o== 0 \,, i " * • r► 0 , 1v.„ .., oI 7N r '• ! ' - • ! S.a '+i�,. fir" t $' .M1 k.._} rwi♦ .. -- - % .Sys ‘ t. N s: +/". Y JAt AA . 1 4: *,,,,- 14 lia...„:;,,,I,.....-. .,---1..:, .:.......• „:4'../.' ........ : . i ..., ..,„: •.,..: ;,.,._....,,...i..,..:„.„,,,...,,,:,.•,„,..,..,,,,,,,v,..: . .IP .,,,,.," \ 0 t:\.V \\ %;1' , ..."14'.. . . • 400 t• ,'. 04.4", , .4.1 "4'1 Stt; '''::,.:,::,#*,,.' . r ..,.4,w.:....4, ,,,..4„.., ,_,,,,, .9., i Sarah Long Agenda Item 5 Page 5 Site Photo - hi, 0 SOLA SALONS , •cu,eTw�Nw;us i ��' 7.75 tL-TAR '"�(fUslnrcrACi RESISTANT ,, t a 222-1 7211 ill - I_. WW .AL.LSTARGIrASSANOMIRROR.COM1. O W M i Sarah Long Agenda Item 5 Page 6 Disclosure Statement Disclosure Statement I'L�Illl�lr; ��community Development �ve•Io►Ititment 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 Sarah Long Does the applicant have a representative? ❑Yes No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Sarah Long • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list If necessary) ilLn (_tiC,S 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(ill)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Sarah Long Agenda Item 5 Page 7 Disclosure Statement 'NBDisclosure Statement 1��,f I1i11111.�� ( fili1iiiullit\ 1)r'\i 4.1)111(11t Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes NI No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disdosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 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?0 Yes IN No • if yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 2I Sarah Long Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement l'i.lnning ctnnl»Unily I 14'Vt It)j)l li•n1 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 El No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant nature Lone I O inev Print Name and Title 21 MGe 23 Date Is the applicant also the owner of the subject property? 0 Yes kJ No • If yes,you do not need to fill out the owner disclosure statement. * '« P:i, " eeks rttsslon an c n glad two ��tOr�Q fit -Plan ran:P.� fn:Cram e ® Ito changes as of Dalt 06/21/2 3 signature z7 7y�C . Print Nsn Michaela D.McKinney 31 Sarah Long Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement \U3 City aj Vth inia Beech Planning&Community De\e opment Owner Disclosure Owner Name Brixmor GA Hilltop Plaza,LLC Applicant Name Sarah Long Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?in Yes El No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jim Taylor,CEO ChristineRicciardi,TenantCoordinator _ • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09,2020 5 1 Sarah Long Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement E'hiniiilit;�L �11tilll:l1i11l I h'\4'1(11)11it'I ll 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?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑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?0 Yes No • if yes,identify the firm and individual providing the service. 61 Sarah Long Agenda Item 5 Page 11 Disclosure Statement Disclosure Statement \B Planning�` r�lliillililll� 1)c'v pIopn i..l0 i 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 I 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. CtAi s. ;2.4. /UGC:.Qi2 f.G Owner Signature Christine Ricciardi,Tenant Coordinator Print Name and Title 3/8/23 Date 7I Sarah Long Agenda Item 5 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. Sarah Long Agenda Item 5 Page 13 Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item # 5 Sarah Long (Applicant) Brixmor GA Hilltop Plaza, LLC (Property Owner) Conditional Use Permit (Tattoo Parlor) RECOMMENDED FOR APPROVAL—CONSENT Ms. Cuellar: Thank you. The next item is number five, Sarah Long. Is there a representative here today? Welcome. Please state your name for the record. Ms. Long: Sarah Long. Ms. Cuellar: And are the conditions acceptable to you? Ms. Long: Yes. Ms. Cuellar: Thank you very much. You may be seated. Ms. Long: Thanks. Madam Clerk: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Plumlee to read this item into the record. Mr. Plumlee: This is a matter in District six at 523 Hilltop Plaza. The applicant is seeking to operate a tattoo parlor for permanent makeup to do microblading. They've accepted all the conditions and everyone indicated that during the informal that this is appropriate for consent. Thank you. Madam Clerk: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar _ AYE Estaris X Horsley X Parks AYE 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 make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up 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. \ L....---....- 1\ ii ____, \\\ 0 • -- -Qo I, ....,....„......._......„.......__ „ 0 _1 s o /I' 1 As I\, fryAi" / / r _'.i.n... _ __ ___—- Kin95 Road —. — R].5. v Site Property Polygons Alan Bell �L' Zoning 2624 South Kings Road „.,(20\ Building Feet 0 510 20 30 40 50 60 seic4\11 • Cis r+ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALAN BELL [Applicant] ALAN AND KAREN BELL [Property Owners] Conditional Use Permit (Home Occupation - Retail Sales) for the property located at 2624 South Kings Road (GPIN 1497660064). COUNCIL DISTRICT 8 MEETING DATE: July 11, 2023 ■ Background: The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a firearms and personal safety consulting business within the home office of the existing single-family dwelling. The applicant will be the sole operator of the virtual consulting business to include assisting customers with obtaining their concealed handgun permit and which firearm best suits them. There will be no customers on site as this business is conducted entirely online. Should a client take interest in purchasing one of the applicant's personal firearms, the firearm will be sent to a licensed firearms dealer and held there until the purchaser is able to retrieve it. There will be no onsite sales of firearms at the residence. Personal modern and vintage firearms will be safely stored onsite to be showcased at gun shows. No signs or advertisements are proposed for the property. ■ Considerations: During the Planning Commission public hearing, Commissioners raised questions about the proposed use, specifically the type of permits needed to operate the business, how personal firearms are received on the property, and the applicant's firearm experience. The applicant advised that the Conditional Use Permit was required in order to get his Federal Firearms License, which will allow him to sell firearms should a customer wish to purchase one from his personal collection. He reaffirmed that should he sell one of his personal firearms, he would send it to a licensed firearms dealer where it would be held until the customer was able to retrieve it. He also spoke with his neighbors to inform them of the business and advised that they voiced their support for the business. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, 20 percent equates to 432 square feet, thus the 215 square foot designated area within the home office is within the permitted threshold. Alan Bell Page 2 of 3 All federally controlled items will be stored in secured steel vaults. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining the Conditional Use Permit. 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 June 14, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 6. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. Alan Bell Page 3 of 3 7. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. 8. There shall be only one (1) employee associated with this home-based business. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: A-9 Agenda Item Applicant Alan Bell Property Owners Alan & Karen Bell Planning Commission Public Hearing June 14, 2023 cuyof City Council District 8 6 Virginia Beach Request Conditional Use Permit (Home Occupation- Retail Sales) A Staff Recommendation St r, 3 Approvalilk _._ �_ -t ., ' w / n v � O m Fr Staff Planner `r' Michaels McKinney N�`,"Qs,pa ~,~' RO --, i Location /-----1112$91 '2624 South Kings Road T44,,,,, ' O'EEgyE._ GPIN �y bR R`'" ; 1497660064 Qa �ti� ' '' aFgotie Site Size ��ti �y ``� ''; 14,736 square feet �% �'� , of = p AICUZ LYINNRAIE r 1 Greater than 75 dB DNL SOUTHERN BLVD ' Watershed �� ' Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/R-15 Residential Surrounding Land Uses and Zoning Districts North „.„?..r.,.,-.,:„.„7** ,,,,,:*_,:iimi*.iH. - -1„ ';;I:ifi,:‘, ,:, ;,,,,,_ , :„..,..:,..., : , .. \ "� Single-family dwelling/ R-15 Residential � 3 � °� 'fir -"" t ,` South S. Kings Road t U Single-family dwelling/R-15 Residential �` �. u East �.. 11 Single-family dwelling/ R-15 Residential 1 s ' g Y West '� , r � Single-family dwelling/R-15 Residential Fik �'ti i `i 0 . SKINGSRa 4. Alan Bell Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a firearm and personal safety consulting business within the home office of a single-family dwelling in the Chesopeian Colony neighborhood. The 14,736 square foot parcel is zoned R-15 Residential District. • The consulting business will operate within a 215 square-foot designated area of the single-family dwelling.This business will assist clients in obtaining a concealed handgun permit and choosing a firearm.The applicant will also travel to gun shows to showcase modern and historic firearms. • The applicant served as a Combat Veteran in the Navy with over 20 years of experience working with firearms. • As required by law, all shipments in which either a firearm or federally controlled item is delivered to the home will be secured upon delivery by the applicant's signature. No packages containing such products will be left on the property without properly being transferred to the applicant. • There will be no exchange of firearms nor will there be customers on-site, as all sales and services will be conducted virtually. • No exterior changes are proposed to the home and no signs or advertisements are proposed for the property. • The applicant will be the sole operator of the in-home business. No other employees are proposed. • As required by federal law,the applicant intends to obtain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF). All firearms will be secured in the home accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. • The typical hours of operation are proposed as 9:00 a.m. to 5:00 p.m., Monday through Friday. No Zoning History S KINGS RD 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 Alan Bell Agenda Item 6 Page 2 Evaluation & Recommendation The applicant's request for a Conditional Use Permit for a Home Occupation for a firearm and personal safety consulting business within the single-family dwelling is acceptable. In Staff's opinion,this use will not negatively alter the character of the neighborhood and will not adversely affect the surrounding properties, as it is a low intensity use. Since all customer interactions will occur by virtual means,the only activities occurring onsite will be done by the applicant and take place indoors. The property is located within the greater than 75 dB noise zone of the Air Installation Compatible Use Zones (AICUZ). Uses within this noise zone are limited,as identified in Article 18 of the Zoning Ordinance; however, professional services, such as home occupations,are considered to be compatible uses. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures to be used in association with a home occupation. The applicant intends to utilize a 215 square foot home office which is well under the 432 square feet maximum that would be permitted by the Ordinance.The applicant also owns a variety of modern and vintage firearms that he intends to showcase at gun shows. Should any of his clients be interested in purchasing one of his personal firearms,the applicant will ship the firearm to a firearms dealer that will hold the gun for the client until it is ready to retrieve them. The applicant intends to store firearms in a locked and secured vault, in accordance with ATF regulations. As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home within in one month of the granting of the Conditional use Permit, as noted Condition 1.The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms,firearm supplies,firearms parts,and money may be stored • If there are children in the home,the assessing officer will review safety measures as it pertains to firearms and the children. The applicant has notified his adjacent neighbors of this request to operate the firearm and personal safety consulting in-home business. Based on the considerations above, Staff finds the proposal meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance.The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container.The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant,the Planning Department, and a copy retained by the Police Department. Alan Bell Agenda Item 6 Page 3 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers,smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. 6. In accordance with Section 234 (d) of the City Zoning Ordinance,the use shall not create noise, dust,vibration, smell,glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 7. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. 8. There shall be only one (1)employee associated with this home-based business. 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 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. The addition of a home occupation is an acceptable use that will not negatively impact the surrounding neighborhood. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known significant cultural resources associated with this site. Alan Bell Agenda Item 6 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Kings Road No Data Available' 9,900 ADT 1(LOS 4"D") Existing Land Use 3=10 ADT Proposed Land Use 10 ADT 1 Average Daily Trips 2 as defined by a single family 3 as defined as a single family 4 LOS=Level of Service dwelling dwelling with a home occupation Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S. Kings Road is two lane local residential street. There are no CIP projects scheduled for this roadway. Public Utility Impacts Water & Sewer This site is connected to both City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 15, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 28, 2023 and June 4, 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 May 29, 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 June 8, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Sundays,June 27, 2023 and July 4, 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 June 26,2023 • 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 July 7, 2023. Alan Bell Agenda Item 6 Page 5 Site Layout vt-3,?-44:40,.• _... . e , . ... --•• ', - +, • - , , -,`riikAit, -._ -4,,--,„`At.' _....'„,iil ,,,.. -, '..‘, •. ". • • e '. '',1-'.'''' -* ''''""1.4,'‘'''''-'}''' ••.•,K. ....0e77. - 1 '.'•,71-'"- ''' ' , *,..'ir' •'- S-' :..1' -:•,''''',.' Z7*: • ..".., lit,-,141,..V.,•••-• •...,i 1 I", i• A It- , !lei ,„„ '`. .., , ,4.t' • 4-1,31,. ...t- . .f. 11,'," 'r 41;111.71111 . 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'_. , a :�n# 4`{Yl4 yt Y�'� L�.. 4, • ,," �...,. t r., {�,, '"`"!h f c.,,,t y y, L,',,,,:, . ,, ,. -... it,..,;*--,-,..,.; }F' L'rF^ t+ '.,„,,• ',, ' 4, 7 ,'A.1'S''��"",,,. , ''fit%', � s«„4f 4. ,, ,,..., ,.,, 5'1.. �Jg • ,y a'SC, a,•' ._ to , ,,",t clq+,$,?'!'..tt�f .aR 'h; eN,'k .. •,, f.t,-}.•.c..,'P.r t,,�-,1!„',.' ti,�. ` �P�r� ,t r`. Alan Bell Agenda Item 6 Page 7 Disclosure Statement Disclosure Statement 1113 City of tiry*)ltcad; 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 Alan Bell Does the applicant have a representative? 0 Yes I No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes * No • 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. z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Alan Bell Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes • No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes II1 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 a No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.092020 2 I P a g e Alan Bell Agenda Item 6 Page 9 Disclosure Statement Disclosure Stat Planning&Column stip 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?0 Yes ■No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Alan Bell Print Name and Title April 3,2023 Date Is the applicant also the owner of the subject property? ■Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications / ,� // No thane"as of Date I 06/21/23 signature /fie_./L �. /��Ge Print Name LGIL�/ Michaels D. McKinney (7 Revised 11.09.2020 3 I P a g e Alan Bell Agenda Item 6 Page 10 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. Alan Bell Agenda Item 6 Page 11 Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item # 6 Alan Bell (Applicant) Alan & Karen Bell (Property Owners) Conditional Use Permit (Home Occupation- Retail Sales) RECOMMENDED FOR APPROVAL Madam Clerk: Yep. The next item is agenda item number six for Alan Bell. It's a conditional use permit application for a home occupation retail sales at 2634 South Kings Road in District six. Mr. Alcaraz: Please come forward, sir. Good afternoon, if you could just state your name. Mr. Bell: Sure. My name's Alan Bell. Mr. Alcaraz: Okay. And if you can just give a little short summary of what you're doing. I think some of the commissioners might have some questions for you. Mr. Bell: Okay, sure. I've been running a consulting business since about 2018, prior to that I was doing some government contracting. I started with BAE Systems. I moved to another company called Systems Ingenuity. And starting in 2018, things started to grow fairly slowly, but then things sort of picked up speed and I moved into that full time. The nature of the consulting that I primarily do is based on things that I have experience and some expertise in, primarily systems engineering and also an aviation safety. Lately that's consisted almost exclusively of unmanned aircraft and the integration of those aircraft into our national airspace system. The support I'm doing is in that area for other companies, one called Mosaic ATM. There's another called Shield. It's an Al company, artificial intelligence company, another one called Concept Solutions. And ultimately, these companies are supporting other companies like Northrop Grumman, General Dynamics and ultimately the final customer winds up being folks like the Navy, the Army, and so on. The other thing that I do in the consulting world is I try to develop more business and probably the most difficult thing about a business like this is finding that next opportunity because they're generally for a limited amount of time. One of the other things that I've found myself doing recreationally is I compete as a competitive pistol shooter. I've done that for many years, starting in college and I've continued here in the area and I've had a fair amount of success. Because of that, people routinely come to me and ask me questions about my knowledge of firearms in general, especially when it comes to competitive shooting, but that also turns into other questions about firearms, like concealed carry questions, a typical or an example of a question I feel that recently was what caliber of firearms should my wife carry? And after talking about that for about an hour, we decided maybe it wasn't such a good idea for her to carry a firearm at all. And that's sort of the nature of, I think there's a business opportunity there because there are a lot of folks in this community that are concerned about firearms. Some of them are concerned because they feel unsafe. They want to carry a firearm, others because they are concerned about the firearms themselves. And in either case, I think there's an opportunity to provide some training and education and if I can roll that into part of my business, especially in cases where it's in depth, if somebody really wants to take a deep dive into how to shoot a national match course in an NRA competition, that's something that would take some time depending on their previous experience and there, you know, their expertise with firearms. So I wish I could tell you I knew exactly who the clients were going to be and how many there are, but what I've found with all the other work that I've done is, it's sort of a cliche, but the best advertising is word of mouth and if I work with one person and they're happy, they feel like it was well time well spent, and they tell a friend. That friend oftentimes becomes the next customer and to that end, one of the opportunities to socialize with people who are interested in firearms is to go to gun shows. And at a gun show, you can set up a table, you can have any number of things that you can display and as people come by, if they're interested, you wind up in a conversation, maybe you can hand them a business card and perhaps that leads to some other opportunity. And so that's kind of a nutshell explanation of what I'm hoping to do, really take the existing consulting business and expand that to include another area, which would be anything that has to do with firearms. Mr. Alcaraz: All right, thank you. I'm gonna go ahead and ask the commissioners, some of them had some questions. Mr. Plumlee. Mr. Plumlee: Good afternoon. How are you today? Mr. Bell: Great, thank you. Mr. Plumlee: So have you been in the consulting business in the field of firearms for a while? Mr. Bell: Not professionally. It's only been recreationally and through sort of water cooler conversations as people have found out, hey, this is someone who owns some firearms. As I mentioned, the success I've had in competitive shooting has gotten me some attention and people will come to me and ask me very specific questions. What kind of sites do you use? What kind of trigger pull do you use? You know, very, very detailed questions at times. Mr. Plumlee: And for this consulting work, are you required to have any federal or state permits? Mr. Bell: You need to have a federal firearms license in order to be able to sell firearms, even to ship them that's required and need to send it to another person who has a federal firearms license. So if I were to consult with someone and they were to want to purchase a firearm, typically I would just refer them to someone else, maybe a distributor or even just a local retailer. But if it happened to be a firearm that I owned and they wanted to purchase that, then I would need that license. A more likely scenario is, as I mentioned at a gun show, if I were gonna be selling a firearm there, again, having a firearm, a federal firearms license, understanding the paperwork that needs to be done, the background checks and all that, that's the only one that I'm aware of that I would need in addition to just the conditional use permit. Mr. Plumlee: So you don't have currently any federal or state permits. Mr. Bell: That's correct. Mr. Plumlee: Okay. And are there any other agencies other than the ones you've mentioned that regulate the consulting side, not the selling or shipping, I understand that's different, but the consulting side? Mr. Bell: Not that I'm aware of, no. Mr. Plumlee: Okay. And it's indicated you've accepted all the conditions that are part of this. Is that accurate? Mr. Bell: Yes, it is. Mr. Plumlee: I appreciate the fact that you've gone through the formal process, filed an application with the city, and brought this forward. I do appreciate that. Are your neighbors generally aware of the nature of the consulting work that would be done at your home? Mr. Bell: Yes. So in dealing with the staff, they provided me with a list of people who are adjacent to my property. Each one of them was sent a letter and prior to that going out, I went and personally visited each one of them. I brought them a copy of my application. In one case, I even had a chance to tour someone else's gun collection. Mr. Plumlee: Okay. Mr. Bell: But I did have a chance to talk with all of those people as well as a few other neighbors in the neighborhood. And that first round was generally very supportive, just yesterday I had an email from another person who was really opposed to anything that has to do with firearms in any way. But after talking with her even she said she had no objections. So I think it's fair to say that everyone that has been exposed to this, I've got the bright orange sign in my yard. Mr. Plumlee: Okay, right. Mr. Bell: No one has voiced any opposition and quite a few have offered to support the initiative if it were needed. Mr. Plumlee: Well, I've not received any direct communication from anybody objecting to it. I just wanted to make sure you seem like a person of good character. I just wanted to be able to speak to you and looking to know you a little bit. Mr. Bell: Sure. Mr. Plumlee: Just because of the nature of it, but this is a permit that goes you under, excuse me, the conditional use permit is one that follows the property and not necessarily the person you're aware of that. Mr. Bell: Until you just said that, I was not aware of that. But I plan to be there for as long as I'm still around. Mr. Plumlee: Okay. Thank you for your time. Mr. Bell: Sure. Mr. Alcaraz: All right. Is there any other question? Ms. Byler. Ms. Byler: Good afternoon, Kathryn Byler. Thanks for coming today. So I don't know much of anything about firearms and my understanding of what you are asking us to do, I don't need to understand firearms. I only need to understand that you intend to have retail operations in a residential area. So I had a couple of questions about that. You placed a huge emphasis just now on training. Is that one-on-one or is that classroom setting, or how does that training take place and where would it take place? Mr. Bell: So it would almost always be a one-on-one type of arrangement, possibly a two-on-one if for example, it might be like a husband and wife who are both interested at the same time. But those will be done exclusively through a virtual meeting application, Teams, Zoom, and WebEx, something like that. One of the things I'm concerned about is people knowing that there are firearms at my property. I feel like that invites a break in, and even though there are steps in place to sort of prevent those firearms from being stolen, nobody really wants that exposure. So I don't ever intend to have anyone know my physical address and certainly not have anyone come to my property as a business or a client. Ms. Byler: So that's interesting. So I'm just curious on your webpage, as you're promoting your services and other things, do you not put your address? Mr. Bell: For this particular portion of it, I don't even maintain a webpage or any other type of arrangement like that. As I mentioned earlier, the word of mouth has been the most powerful asset that I have, and I generally rely on that for all of the business development that I do. Ms. Byler: So you mentioned that you keep firearms on your property. Mr. Bell: Yes. Ms. Byler: And I'm sure you do it in a safe, secure way that's approved by the feds and everyone else. I don't doubt that but after this conditional use permit is issued, if in fact it is, will that increase your inventory? And I'm concerned about, I'm just curious, how do you receive the guns or the firearms? Do they come through the post or do people bring them to you? Do you buy from private sellers? Are there going to be trucks pulling up? How does that happen? Mr. Bell: No. So the focus of what I'm trying to do, it really doesn't involve the buying and selling of firearms that may be part of it, but it's a very small part. What I'm really selling is the training and the education and sharing the knowledge that I have with other people who are willing to pay for that. I'm not planning to, although on my signage says retail sales, that's really not the focus of what I'm doing. I do have a rather extensive gun collection, at least I think it is, but all of those firearms are stored in a safe out of sight, and I don't plan to increase that collection significantly unless there's just something I want to own personally. There's a chance that I might sell some of the things that I'm, you know, some of the firearms that I'm not using. But again that's really no different than what I would do today. The only difference being that to sell it today, might go to a gun shop and sell it there or sell it on consignment, something like that. If I also get a federal firearms license, I'll be able to sell that and ship it directly, through something like an online service. For example, there's one called Gun Broker, which is very popular. So I could advertise a firearm there, if somebody wants to buy it, I could sell it to another FFL somewhere in the country, and then they could pick it up, for example, at their local gun shop. Ms. Byler: So, am I correct in thinking then that you don't have people coming to your property physically to either show you a gun that you might buy or to look at your inventory in order to acquire it? Mr. Bell: That's correct. I don't anticipate having anyone ever come to my property as part of this business. I would say, there's a chance if I have a close friend, someone who already knows me, and knows where I live, then of course that might be a little bit different. But for just a typical business client, I would not disclose my location or have them come to my property. Ms. Byler: So you already have a number of businesses that do consulting, but you've applied for this conditional use permit for this new expansion, if you will of your consulting business. And now I guess I'm concerned or surprised why a conditional use permit is needed for this branch if you're already conducting similar businesses? Mr. Bell: I wish I could answer that and had I known the extent of the process to get to this point where I am at today, I might've opted out early on. Ms. Byler: Right. I am sure. Mr. Bell: But I'm already pretty fair ways down this road, one of the direct connections is with the Federal Firearms License. I applied for that in parallel and when you fill out that application, one of the things you have to put on it is your address and when that application was reviewed, they said, you're not zoned for this, so you need to get a conditional use permit in order for us to give you this one. So there's sort of a dependency between the two permits or licenses and I think that's really the best answer I could give you because had that not been there, I may very well have been able to fold this under my existing consulting service without ever bothering you. Ms. Byler: Well, you're certainly not bothering us. This is what we volunteered for, but thank you for being patient and explaining to me. Mr. Bell: Sure, my pleasure. Mr. Alcaraz: Thank you. Are there any other questions? Ms. Cuellar? Ms. Cuellar: Yes. Mr. Alcaraz: Okay. Ms. Cuellar: Hi, I just wanted to, this ties along with what Commissioner Byler was saying is that you have though applied for the FFL license and that would give you the opportunity to tangibly sell a firearm, is that correct? Mr. Bell: Yes. Ms. Cuellar: Which is not your focus at this time, but should this business grow and then that would give you that opportunity and then the condition, though, of course, in this application is such that that would all be virtual or like through a third party with someone else who would have an FFL license. Mr. Bell: Yes. Once I have the FFL, If this business were to take off, this is something, you know, the systems engineering work that I do in the aviation safety, it pays well, but it's not the most interesting work in the world and as I get closer to retirement age, I've thought that maybe owning a gun store at someplace might be something I'd be interested in doing as a retirement activity. It's something I really enjoy doing, and if you can combine the work with the pleasure, it's a little bit easier to tolerate, but at the moment, the way you described, it's exactly the way I anticipate for say the next 10 years or so. Ms. Cuellar: Thank you very much. Mr. Bell: Sure. Mr. Alcaraz: Mr. Plumlee. Mr. Plumlee: I just wanted to say if anybody was watching the hearing then probably not a soul out there is ever gonna watch this hearing, but I, the condition that you agreed to is there will be no exchange of firearms nor will it be customers on site as all sales and services will be conducted virtually. Mr. Bell: Yes. Mr. Plumlee: So that is a condition of this permit just to state that you acknowledge that you understand that. Mr. Bell: Yep, absolutely. Mr. Plumlee: Thank you. Mr. Alcaraz: Alright, thank you. Is there any other questions? All right. There's no, just stand there for a second. So, I guess formality just gonna ask, is there any other speakers, Madam Clerk? None? Madam Clerk: None. Mr. Alcaraz: Okay. So there's no rebut. So you may be seated and we're gonna go ahead and vote. Mr. Bell: All right. Thank you. Mr. Alcaraz: Thank you. Is there any additional, Mr. Coston, did you wanna say something? Mr. Coston: No. I'm gonna support it. Mr. Alcaraz: Okay. You're gonna support it. Does anybody else wants? We're good. All right Mr. Coston. Mr. Coston: I move that we approve this application. Mr. Alcaraz: Right, I have a motion by Mr. Coston. I need a second. Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is now open. Commissioner Byler and Commissioner Clemons, waiting on your votes, thank you. By vote of eight to zero, item six has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson I AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris X Horsley X Parks AYE Plumlee AYE CONDITIONS 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 6. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 7. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. 8. There shall be only one (1) employee associated with this home-based business. ;Air I 2 f I - ------- ri s 1 i ---------- ------ 2 -"--1 II n ,,,,:: _ Al r.....,„11-[Lli __IA:1:i, ,,,,,,,,27z7:_t_.;__.;,_ _4_______ /B [ Fl,„_(-----.--12.-":7.______,e_tyB_I-77._;:itit:76,1,11:1:,111,_:::::‘,B11:4:2:1-25-";9217A'? 4: / ---- -------:._ -----,0-4,,--- Al - ---------:--------. r5s, ,-, -_--„ P 7 _ _. C.../ zif -------,_ - 4_,!„..., I:6 el A,1,041,,,, , / jo4P -----_____ %iv — , , , 5--s- -------„,-:--- „, bat/ •.,.., . / it. ,.-r---. / 01 0 Ar- 4, t..-4 r QI --D_�:'-,f/'}yam ,f,C fj _ t. •"(-1) ,,,z-----r---;-:-----------:__ loc•76•4-440 ,.- . , Ai44/. - r 441,45r// , r ,- , ' a /E3, f -------iti-----, I ii it i, ii,,,w,/ ---/,,,„_,, etif,,,,--, ..,._:: '7*-2 ' Al 2 / ,/ , • .c\_) • . t�, �RSC � r ,), ---'---„,..,. / / cre'\ Al LI 4119 Al 8 n'---T.::''.'1,/".;r:,i.0// .,,,, \s, n 0 '4" i ,0 I 1 1/01:/P/P P A' Ai,, ,9 I *it ------- ,,7,„•'''' -/1/. I ; ,,,' , ‘1'-- -'-'1'1 ///1 . ttlaid I Ez B2 sir ,-- _,---- / / / /r. / ,. ------,-,/ Ai 2 / i/-, , crY ei ••/ I J rf � r<I ��� � �� rl r/ J / , r , ll�/►,�1/IS f,i -Z) _.•-- .„-----:-------: 5Y wff-,? / ,/ / / ,/ I / 1 i i ' ,' ,, 0 ,,,c-e7_ - i- / 7'G''''-i*-,„ -0 0./v ,.r , -,a, /r-,i--'y d�� 7 /1 7ii/i // / /f4/D/„ 0 o R5�D, /� /i � ��. ,� .RED� / i � /ii4- ,,/1,,..„-4,-z-i). Py/,: -y-'-„ /, /, i , i s la P'/-0i 'co , y)r r 1-11 i 1 i 1 1 i i i / 1 //,i : '\f- — ( '-.-'4' C'd : *---''7 GL--wmiaw' L D,VT' /17 '' 4? / / I i I / I / // / „.., / \-er: _ /,),c,5:1 , EMI Site v.--tiThr i Property Polygons Fitness Ventures, LLC ‘15 ' r-i Zoning 799 Chimney Hill Shopping Center Building in mi misiFeet 0 50100 200 300 400 500 600 ( Sri 4 2 042 2 it":' ,;.,.., 0 4:, __ ii. ,1-..".:,::,-. CITY OF VIRGINIA BEACH ‘•. AGENDA ITEM I ITEM: FITNESS VENTURES, LLC [Applicant] CHIMNEY HILL CENTER VIRGINIA BEACH, VA. LIMITED PARTNERSHIP [Property Owner] Conditional Use Permit(Indoor Recreational Facility)for the property located at 799 Chimney Hill Shopping Center (GPIN 1486542283). COUNCIL DISTRICT 10 MEETING DATE: July 11, 2023 • Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility to operate a fitness center within a 52,398 square foot unit in the Chimney Hill Shopping Center near the intersection of Holland Road and S. Rosemont Road. Due to an oversight at permitting, a building permit was issued to renovate the existing unit; however, the Zoning Ordinance requires a Conditional Use Permit for Indoor Recreational Facilities greater than 7,500 square feet. The applicant was made aware of the requirement and promptly submitted a Conditional Use Permit application. In addition to interior renovations, the exterior of the building will be repainted a dark gray color with light gray and orange accents to match the business' branding. New building signage is also proposed, as well as new signage on the existing freestanding signs for the shopping center. Typical hours of operation will be 24 hours a day, Monday through Friday, and 5:00 a.m. to 12:00 a.m. on Saturdays and Sundays. • Considerations: The proposed use is compatible with the other commercial uses located in the Chimney Hill Shopping Center and is an excellent reuse of the former vacant retail space. The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use contributes to the day-to-day life of residents and supports their recreational needs. A minimum of 829 parking spaces are required for the proposed use and 1,042 parking spaces are provided on site, exceeding the requirement by 213 spaces. 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 June 14, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations Fitness Ventures, LLC Page 2 of 2 entitled "CRUNCH FITNESS—799 CHIMNEY HILL SC, VIRGINIA BEACH, VA 23462, CONSTRUCTION DRAWINGS, OVERALL EXTERIOR ELEVATIONS", dated 11/17/2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Ph9 Applicant Fitness Ventures, LLC Agenda Item Property Owner Chimney Hill Center Virginia Beach, Va. Limited Partnership c r./ f Planning Commission Public Hearing June 14, 2023 4 Virginia Beach city council District 10 Request Conditional Use Permit (Indoor Recreational Facility) CHANCERY LN GOOD HOPE RO FARAO N Staff Recommendation � FORESTGI ENRO Approval o OgN4,N ...r t w Qi1'�li4&fpLA iNIN G < < a W &`NCROStaff Planner :::"---..----''.\::::1:;:r—c*s:cr a i °RMarchelle Coleman ` " " 4+ CH/ RO Location S::: stkp 799 Chimney Hill Shopping Center AOO�SaNSN°a,,a� GPIN 2 ,_.., . ,,, 4,44 Portion of 1486542283 Site Size ,-1". ,o`��.. � iii, \ 19.19 acres(52,398 square foot unit) 6`° °4 '�+e, t. AICUZ / Less than 65 dB DNL, 65-70 dB DNL; Sub-Area 3 \� - Msao �� Watershed • Chesapeake Bay Existing Land Use and Zoning District �:, -�,4 - o -- -, ,. , ,411 Shopping center/ B-2 Community Business vr ,, .,,;; ff �`�'�q:- , Surrounding Land Uses and Zoning Districts ',Is 11'''s ;,.� ' 4 irt • r+ `s 1 li North -- , ,� s , '1, Holland Road - '' Retail, auto repair, car wash facility/ B-2 � �Y `" Community Business s I South _ ; ,,.- 1 - ` c ``r Multi-family dwellings/A-12 Apartment 4+ * ► a I,* East 4 w� s S. Rosemont Road ' g .`'. Gas station, office, pump station, retail/ B-2 I. Community Business, R-5D Residential , West ',A/ Chimney Hill Parkway 41- it-3 ..x `.•. . • , " ' <_ Retail, office, multi-family dwellings/B-2 Community Business, 0-2 Office,A-18 Apartment Fitness Ventures, LLC Agenda Item 4 Page 1 Background & Summary of Proposal • The applicant proposes to operate an Indoor Recreational Facility within a vacant unit in the Chimney Hill Shopping Center.The Zoning Ordinance allows an Indoor Recreational Facility of 7,500 square feet or less as matter of right on property zoned B-2 Community Business District. As the size of the proposed facility is 52,398 square feet, a Conditional Use Permit is required. • Due to an oversight, a building permit to renovate the existing unit was issued.The applicant was made aware of the need for a Conditional Use Permit when seeking a sign permit and this application has been submitted to meet the City code requirement. • The applicant proposes to renovate the exterior of the building with new paint to match the business' branding. A dark gray is proposed for most of the exterior with light gray and orange accents. Building elevations are provided on page six of this report. • In addition to the proposed exterior changes,the applicant proposes to install new signage.The proposed signs, depicted on page seven of this report, meet the requirements of the Zoning Ordinance. • The Zoning Ordinance requires a minimum of 829 parking spaces for this shopping center.As shown on the site layout,there are 1,042 parking spaces on site,thereby exceeding this requirement by 213 spaces. • The typical hours of operation will be 24 hours a day, Monday through Friday and 5:00 a.m.to 12:00 a.m. on Saturdays and Sundays. ' 82' a r3-, 4 ;°14- /° 1---.2-2.--jR° 82Zoning History Q ��re ; ,'r'r_I-7 82 # Request 02 �� 1 -� � /� 1 CUP(Religious Use)Approved 01/12/2010 �� / _ / CUP(Bingo Operation)Approved 11/10/2009 �r ------/ CUP(Communication Tower)Approved 11/25/2003 l & 2 MOD(Automobile Service Station and Car Wash Facility) z/z, Approved 04/08/2008 yc.,,, CUP(Automobile Service Station and Car Wash Facility) % ' / .:/ R5I Approved 06/08/1981 ‘,6`� ���� REZ(A-1 to B-2)Approved 06/09/1980 n �I./ �// > , 3 CUP(Car Wash Facility)Approved 06/10/2003 — - r CUP(Gasoline Sales)Approved 02 25 2003 A,2 / /I ! // 4 CUP(Motor Vehicle Sales& Rental,Small Engine Repair CIDZ, / / ; 82 Establishment)Approved 07/05/2000 104,./, 17/ / I/ // / f , 0C POH, 5 CUP(Truck and Motor Vehicle Rentals)Approved 07/13/1987 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 The proposed Conditional Use Permit request for an Indoor Recreational Facility is acceptable. The use is consistent with the Comprehensive Plan's Land Use Policies for this area, as this type of use contributes to the day-to-day life of residents and supports their recreational needs. Fitness Ventures, LLC Agenda Item 4 Page 2 As mentioned previously,the fitness center will be located within a vacant unit in an existing retail shopping center.The anticipated traffic generated by this use has been accounted for in the original design of the shopping center. The proposed use is compatible with the other commercial uses located in the Chimney Hill Shopping Center and is an excellent reuse of the vacant retail space. As the site was built to accommodate a variety of retail uses, adequate parking is provided. Based on these considerations, Staff recommends approval of this request, subject to the conditions listed below. Recommended Conditions 1. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "CRUNCH FITNESS—799 CHIMNEY HILL SC,VIRGINIA BEACH,VA 23462, CONSTRUCTION DRAWINGS, OVERALL EXTERIOR ELEVATIONS", dated 11/17/2022,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development Permits and Inspections Division,the Health Department, and the Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site, as it is developed with a shopping center and an asphalt parking lot. Fitness Ventures, LLC Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,500 ADT1 32,700 ADT 1(LOS 4"D") S. Rosemont Road 16,700 ADT1 32,700 ADT 1 LOS 4"D„ Existing Land Use Z-No Data Available ( ) Proposed Land Use 3—No Data Available Chimney Hill Parkway No Data Available 9,900 ADT 1(LOS 4"D") 1 Average Daily Trips 2 as defined by an existing 3as defined by a 52,398 square 4 LOS=Level of Service shopping center foot indoor fitness center within a unit of an existing shopping center While there is no trip generation data available for this shopping center, Staff has determined that the proposed indoor fitness center will not have any significant impact on traffic. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road is a four-lane divided urban minor arterial. This section of Holland Road is shown on the MTP Map with a 155-foot divided typical section. There are no CIP projects on this segment of Holland Road. Rosemont Road is a four-lane divided urban minor arterial. This section of Rosemont Road is shown on the MTP Map with a 100-foot divided typical section containing a bikeway. There are no CIP projects on this segment of Rosemont Road. Chimney Hill Parkway is a two-lane local street. It does not appear on the MTP Map.There are no CIP projects on this segment of Chimney Hill Parkway. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 15, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 28, 2023 and June 4, 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 May 29, 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 June 8, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 27, 2023 and July 4, 2023. Fitness Ventures, LLC Agenda Item 4 Page 4 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 26, 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 July 7,2023. Fitness Ventures, LLC Agenda Item 4 Page 5 Site Layout • _ E�led �H AaUUII[i _ , \ j( ' -.e.c.- . 4119-1-1-111 V.I.,/ iiitimilim .. I : 1.1..'"41 1.; 224 T4 r94 7,14 c.) a EN c �00000�oo�000�o�� V i 1,4) 2 z - - 1 ..s. 15 0, - wia00000000ai0000�a is\\\\\\\\\\-\\w‘\\,\\\x\x\\\\\\\-v -0 ,. - ............ 0 av 4kiiiiirnimmiiimumoiliP (24 ;2_ , . .1:3 = IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ■ s.s, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o ' I IIIIII III IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII t1II!IIIIIII111I 1111111111111111111 I imrm�mm,�rmmrmmrrm I f39, sc. a iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii I ul ' 11. iiiiiiiiiiiiiiiiiiiiiiiiiii . 4.. iiiiiiiiii666W46•0 oar — South Rosemont R r Proposed Building Elevation nn I F IIII w imm MINIM Jr Ga IiI so MI 11111111111111111 111 EMI - PMNO .._ •11 -till&mil 1 M■ ■■ m Fitness Ventures, LLC Agenda Item 4 Page 7 to4FITNESS z, �a Site Photo '11bb%111... Fitness Ventures, LLC Agenda Item 4 Page 9 Disclosure Statement 1413 Disclosure Statement (.Sty of Vtryinott Bead, Planning&Community,:-. Development • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Fitness Ventures,LLC Does the applicant have a representative? ❑Yes El No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?•yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Brian Hibbard • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Prospect Hill Growth Partners "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 • Fitness Ventures, LLC Agenda Item 4 Page 10 Disclosure Statement • Disclosure Statement1/3 Cuy of Virginia Bade Planning&Community...E 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. 5th Third Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes ❑ No • If yes,identify the firm and individual providing the service. Jplus Inc-Jeff Jennings,Kris Johnson 5. Is there any other pending or proposed purchaser of the subject property?D Yes ® No • If yes,identify the purchaser and purchaser's service providers. Fitness Ventures, LLC Agenda Item 4 Page 11 Disclosure Statement Disclosure Statement Cay of Virginia Mach ,, Planning&Community, eer 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?El Yes 0 No • If yes,identify the company and individual providing the service. NNI Construction-Dan Close,Brian Miller 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. Baker Monroe PLLC-Ode Vilder Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature ?)r)kn t'nbbard j al) Print Name and Title 4110 12a23 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 �6/23/2023 Signature Print Name Marchelle L. Coleman Revised 11.09.2020 3 I • Fitness Ventures, LLC Agenda Item 4 Page 12 Disclosure Statement Disclosure Statement Vi3 Cif y of Vntnia imd, Planning&Community Developm' Owner Disclosure Owner Name Chimney Hill Center Virginia Beach,Va.Limited Partnership Applicant Name Fitness Ventures,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?■Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Directors:Linda Glazer(President),Avram Glazer IVP),Kevin Glazer(VP),Bryan Glazer(VP),Darcie Glazer(VP),Joel Glazer(VP), Edward Glazer(VP). Officer:Timothy Lyon(Vice President) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity^relationship with the Owner. (Attach a list if necessary) Virginia Beach Center Corporation Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes MI No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(Ili 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 I F l 2 c Fitness Ventures, LLC Agenda Item 4 Page 13 Disclosure Statement Disclosure Statement V13 Us,of Viryinn BnmA .�,��•� Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterallzatlon,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 0No • 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 0 No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 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 la No • If yes,identify the firm and individual providing the service. 6I Fitness Ventures, LLC Agenda Item 4 Page 14 Disclosure Statement Disclosure Statement \413 City of iiryinui Ilnu'h t r g&Comma .01101r • elopment 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 Disdosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Si Lure Timothy Lyon,VP Print Name and Title 4/27/2023 Date ii("0.r.11 i!i'/ 7,11i. 7 Fitness Ventures, LLC Agenda Item 4 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Fitness Ventures, LLC Agenda Item 4 Page 16 Virginia Beach Planning Commission June 14, 2023 Public Meeting Agenda Item #4 Fitness Ventures, LLC (Applicant) Chimney Hill Center Virginia Beach, Va. Limited Partnership (Property Owner) Conditional Use Permit (Indoor Recreational Facility) RECOMMENDED FOR APPROVAL—CONSENT Ms. Cuellar: Thank you very much Ms. Wilson. Is there any opposition to these items being placed on the consent agenda? Hearing none. We'll move forward with the next item. Item number four on the agenda, Fitness Ventures. Is there a representative here today to speak on this item? Mr. Alcaraz: Okay. Can we just move forward or should I wait until they are here to speak? Ms. Wilson: That's up to the board, unless you have questions for them. We usually just go ahead and put them on the consent agenda. Mr. Alcaraz: Okay. Thank you. Ms. Cuellar: Okay. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Parks to read the item into the record. Mr. Parks: Thank you. The applicant proposes to operate a 52,000 square foot indoor recreational facility in a vacant unit of the Chimney Hill Shopping Center. The applicant is proposing new paint and signage to match the branding standards. There is no known opposition and I recommend it for approval. Ms. Cuellar: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris X Horsley X Parks AYE Plumlee AYE CONDITIONS 1 . The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "CRUNCH FITNESS — 799 CHIMNEY HILL SC, VIRGINIA BEACH, VA 23462, CONSTRUCTION DRAWINGS, OVERALL EXTERIOR ELEVATIONS", dated 11/17/2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals. 1 07, \ V_________ __------------ \ tteet \ 4th , r. V , , ,--- 40 _ ____ .,' \ !I ..________-- i 441. ' ' / 0 / i .0,01' .*_, •in /.0 go , \ t I �' + fir/,. ,I / c \--11 / .1 1 if/ • i° ,O, , ' _ treat _ • 3v d S4(ID i��., �f l� -�eet 'i �� RT. Cdt _- --�� , , , , , , , , ,/--.7 \ ,,, OR__------- \ ,,, . / i , / ,.._____ :______:.,. .- .3 , ro.R.„ _,\„., , ,,� Site ".-6 i Property Polygons Diane D. Kitts ,- Q Zoning 303 Atlantic Avenue, Unit 1405 Building Feet 0 20 40 80 120 160 200 240 c .r'u 1 C`S�,1N �LT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIANE D. KITTS [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 303 Atlantic Ave Unit 1405 (GPIN 24273224032450). COUNCIL DISTRICT 5 MEETING DATE: July 11, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental unit within the Dolphin Run condominium. • Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within a unit in 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. 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, labeled Space A- 18 on the first floor of the attached parking deck. 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. 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 June 14, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed 303 Atlantic Avenue Unit 1405 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. Diane D. Kitts 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- Diane D. Kitts 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 Diane D. Kitts Page 4 of 4 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. ( l-N. Submitting Department/Agency: Planning DepartmentC.C,-0-- City Manager: leflp Applicant & Property Owner Diane D. Kitts Agenda Item Planning Commission Public Hearing June 14, 2023 f City Council District 5 7 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) \ VOA,S,w` Staff Recommendation ``ake Drive h%reef Approval -r Pinewood Drive 1,,,, 10� — 2 Norfolk Avenue . gth Street ,, \ 3 Staff Planner Tr 15. d r s. t Garek Hall Hannigan G A ', I,'7 A 1 d G Location `° 1 Avenue `' 303 Atlantic Avenue, Unit 1405 sierra`s "� 4 Q GPIN d 24273224032450 q � a'' .. i 't. ,.,� Q°c , Site Size ��` m 45,000 square feet B \.r° mi oa r Existing Land Use and Zoning District s Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North .,,►.- ., ¢..• :a 4th Street (Connector Park) i Multi-Family Dwellings/OR Oceanfront Resort _ `taNt ! . South : r,, Ath greet 3rd Street (Connector Park) , ... : - f , -r�LL Hotel/OR Oceanfront Resort R, East .. s v Boardwalk Atlantic Ocean, Beach ► . West Atlantic Avenue , ,,,, Civic Use, Public Use/OR Oceanfront Resort ,_,„,.., .4.:„, A „i,,,,, ,I Yd Street 400031 ,.: Diane D. Kitts Agenda Item 7 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this two-bedroom unit, located within the Dolphin Run condominium tower,was constructed in 1975. • Staff inspected the site on May 17, 2023 to observe site conditions. • On-street parking is not permitted on this portion of Atlantic Avenue. • 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 May 19, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2022 No Short Term Rentals in the Vicinity q Ct `CY 4 t qL iQ Ao lilt,7mom' o 14 f Ft lip." di op.-. ,1101 Cr Short Term Rentals At CUP Status . lvuv»d ‘, 4 gis Diane D. Kitts Agenda Item 7 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: 4 • 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 R 1 2 NON(Enlargement of Nonconforming Use)Approved µhsd.a 04/12/2005 NON (Enlargement of Nonconforming Use)Approved 01/12/1993 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 5 MOD(Modification of Conditions)Approved 02/14/1995 o, m STC(Street Closure)Approved 02/09/1993 MOD(Modification of Conditions)Approved 06/23/1992 50 Stf e CUP(Outdoor Recreation Facility)Approved 05/26/1992 CUP(Outdoor Recreation Facility)Approved 03/24/1992 roil OR 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 within a unit in 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 mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more Diane D. Kitts Agenda Item 7 Page 3 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 A-18 on the first 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. This unit has been previously advertised and hosted stays as a Short Term Rental. Upon finding that a Conditional Use Permit was required,the applicant promptly filed an application. 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 1405 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 Diane D. Kitts Agenda Item 7 Page 4 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. Diane D. Kitts Agenda Item 7 Page 5 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the 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 April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023, and April 30, 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 April 24, 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 May 4, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Tuesdays,June 27, 2023 and July 4, 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 June 26, 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 July 7, 2023. Diane D. Kitts Agenda Item 7 Page 6 Site Layout & Parking Plan J .... p e'er 1.-- -" f 1 irj r V..4 ,-'- • i `,, li lit Pi .-I\ Illirt.10 ye ...t... ... \ ,..• 1 'A" i. dillr- '. ..--1---,1 pp , ,_, ......,,I kyrir . . , . . . . 17.73. m , IL II' .44 E 4a �c E. r, 't. ‘:,40, 7, - , ,'4 40,,,,:4 4. 4'1161;k , `� �� y F Y t 2 . 31'‘i a irn ''..: r il -' -.; '-, gyi,,. .. ..:"'4, ', Nt. • t ,, -"'.: .z;a te' tifit ,�,�.„ 1 ipP-aga:00 ,,,4' '-' : 4 w 0(1) _ ' — , 1110111- , k 'Y „ ~i ,,,.� ' ' 1 R s I -Ii:-111"'\ , 4..,,,4, . 0 i ,. , 11 li . • .s A r � i % i, - • One assigned space on second `" '� • �, ,tea y. , ,' floor of parking deck—A-18 b --,7 ,_. ,~''', 19 • Historical exemption to - ,i ,requirements;only one space :',Vo ." ' needed :. .....madgilligill10. . ik AIL \ Diane D. Kitts Agenda Item 7 Page 7 Site Photo ,,ass eta P Iiik �! $ , ! s • I • I ;M r :� r • 1r i r r, ... ti ii ! • a . ,. . , o- >_ m si - Diane D. Kitts Agenda Item 7 Page 8 Disclosure Statement Disclosure StatemenNif3 t .... Tr1tY • The disclosures contained in this form are necessary to inform public office is who may vote on the aaplicat.on as to whether they have a conflict of interest under Virginia law, The comp eti and submission of this form is required for all appbcat'ons that pertain to City reaiiestate matters or to the development and/or Jse of property in the City of Virginia Beach requiring action by the Gty Council or a City board,commis,ion or other body. A licant Distiosij Applicant Name e_ hoes the applicant have a representative? U Yes Ild(0 • I'yes,list Vie rame of the represe tative Is the applicant a corporation,partnership{flrns,business,trust or en unincorpo-,ted business?❑Yes l!it'1Vp • If yes,`,at the names u"a I of fscers,,directors,members,trustees,etc bel;w. (Attach a list i=necessary) • ▪ If yes,list the businesses that have oarrnt srbs:+diaryt or affiliated burin,ss entity'vela:oath p wish the applicant [Attach a tit if necessary) '"Parent•subsidiary relations,art means'a'e4tionshlp that exists when one corp-ration directly cr ildi•ectly owns shares possessing snore then 50 pe-cent of the votillg bower of another corporation.' Se--State and Local Govrrr•ment Cortfl:ct of Interests Act,VA.Cods 4 2.2.3101. r"Aff Bated business entity relationship"m ns"a relationship,other than par nt-i obsidian relationship,mat exists when(ij one business entity has a canttosline ownership I terest in the otnee business entity,(II a consra ling owner ra one entity a 2Isc a cortro€ling owner in the other entity,or(I:I) is shared manegrement or centre between the business enures. I actors trot shr,vld be considered in determining the exi ante of an affiliated business entity r lationshlp irc.tude that tine same persoel or susostsntiafly the same person own or mane the two antis es;there are common:r comm<nOied Bends or assets,the business entities share the use of the same offices or employees or otherwise>herr sett►/tie resources or personnc on a regular basis;or there is otherwise a dose working relationship beteeer the entities." Sere State an local(cvernrra t Conflict of Interests Art,Ira. Lode 4 2.2-3101. Revised11.09.2020 1IVage 1 Diane D. Kitts Agenda Item 7 Page 9 Disclosure Statement Disclosure Statement Plaunin,g&Community e �IJ Known Interest by Public Offs al ot Em:Iay'ee Dors an official or employee o'the City of Vkginia deer t ar interest it tt' subject land or any proposed deve;bprnent contingent on the s,,biect puolic ro tio'.' Yes Loo4 0 • lives,what Is the name of the off ciaf or employee and what is me nets a of the interest? Arpiicent Services Disclosure 1. Does the applicant have any eats'tins Onancing(mortgage,deeds of trust,ce is-codaterailzstlon,etc)or are they considering any financing i yonriection with the sib;e t oft^.e application or any business operating or to be operated on the prope•ty? D Yes VNo • If yes.idr rtify the financial"nstrtolions providing the service. 2. Does the app rca awe a real estate 6koker/agent/realtorfor Current and a,t'xipated future sales of Vie subject property? L Yes No • If yes,identity the company and 14ivrdual providing the service, 3. floes the applitent nave services for e4ountsng and/or preparation of tax re urns provrdcd in ep loer with the sullied of the•ppl cation or any bus•ness operatlrpg or to be'operated or tree property', Yes I'Yf�.elr{r0 • tf yes,I.dwntify the flan and indrv,dda'.providing the service. II 4. Does the applicant have services frcrn art erchltect/landseape architect/tared tanner provided in connection with the subject of the aapiicat-on or are,buslnrsa useratirf.or to be operated on the propert0 Yes M1 • If yes,roe-tidy the firm and indiviosEa provid.ng the service 1 5 Is there any other pending or pruposed4purchoser of the subject property? Yes tif'tVp • if yes,identify the purchaser and pe rchaseis service providers. 1 At vrsed 11 09 2020 2 I i, C Diane D. Kitts Agenda Item 7 Page 10 Disclosure Statement Disclosure State4mintliiii 1 , i numuis kONIMMedip i.e. Deli'Ili 40 #NiM.i ORMI4Pfiaiooi SZTPrwt •M.nht eiliall.t lAI lutild•IimispoilkosimumgripmiNusemors it teal aar•.rMtq w wt oluomit0 ▪ rim.ofoortliorliocimperoy.oM 16,4.0 .arrlyd eto:I*w,w.. f 1. Dag:ria APP*10,1 tie4.10141104111,+Porrio,etitil b1 uoirocoliar+get IN:flatted,Vic.vpiir ar o•sly latP otoj tii+znxar tc tap*tardiaWita 04 pr.alter 0 tic i Nt+ . i won.Ida*rdty tolo lanirod l'odlirklut pttptrtd°v:vo ai-etc t lk t;t"y Wald ld r*M* 404,444 WO EMIIht.4 tr our I a ttit Nt kvocond ap rolirsti akop OpisrStdar ills araac•y'J tit, * rim lipwJrM Mt f...;ta;c.o.iwite gosporgisli 1 tit Sons we AjIIIoft 3ai_rnriuri Aft tt 0614 4.1 CO I*intdlfr/$.a Mufti ki V+ia a snooze S s!visa Pam bow*7er t n.,p , r r r w+...+.. L.r.drrryand coals, vopaa ware al AsaGg flaw tltS !t I.,L4 4 1 arc t ied t f plait�hrr#4.,wn+att:o p obi Par h 9t irr"arraric r prarlard ter oak to At t w Alice Ilno l' it Cuov rukrt Ci.,a J t,Vl�cd Rd„W riooto'awl Mu sow atitartlayt%ar taor�srtMisrh with 00 sofAkatiort ts—,:le" A. . . *..chant Z;rPLf* -I-)kV.Lr_--D• Y-Na—fl S (,..14,1,.,. 1 r ( Nil rrrnrj kW TM* r 1 E1 1,..,+—,...,a b t'4 aflakiti tartil•10,stth.Lilt FmMtMq SirC Et No • r+pet a*<Jit+NI..7.4451trw ..174317..74 64al..--*€.4-. ,4 Ewa -� I 4I i 1'L 4�: , .�..' kk R, .1,,.L. I I «Hall M tiii tom) I 1 Diane D. Kitts Agenda Item 7 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the 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. Diane D. Kitts Agenda Item 7 Page 12 STR VICINITY MAP DIANE D. KITTS ' \ti i, � 1 'il ti� �' 4 J"",. tir , \,3 .. -.7‘P giL \- ';', • ,. .-':,...4F' - itie, 'i 1 Ate_ 1i m VI )1' '`05:—'1 \ Ilj,t3':' -5.._ .,co, .1. . ' \,.... ' ' ' __„-,,.., . vi, . ,,, \ , god, t 1 . ‘114_,:- .3-9. - th : k\-‘ i I\ 101 rp\„,,i,:....„4„, 11)). , ., _ ., . , r iiip,iikilf.,\,,p..., ,\,...._ , ,i -0- . ,,,, ., III YelLimillii Sh•ort Term Rentals --_:____,/,' ' Z> It ii, ii r i CUP Status / minik411 4 • A. vied Now 0 am=ad 4,44 V .: 'Unie-Raves 41.410 1 4 Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item # 7 Diane D. Kitts (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL—CONSENT Ms. Cuellar: Thank you very much. Our next item is item number seven, Diane Kitts. Is there a representative here today, Ms. Kitts? Okay. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Alcaraz to read this item into the record. Mr. Alcaraz: My apologies. I was not planned to do this. Hold on, let me do it. What item was it seven? Yeah, yeah, sorry, we got this, if I can find it. Item number seven for Diane Kitts is a use permit for a short term rental at 303 Atlantic Avenue, unit 1405. The conditions have been accepted and were recommended for consent. Ms Cuellar: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris X Horsley X Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1405 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. 19. 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. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. \ , r r i r ti \ 1 1 ` \ \ \ \\\.\ I \ \ t S ti 1 i ti t \ \ 0 \ \ \ \, I\ "13 I\', I\\-Z t S.\../\ V R OR \\ �\ Im. e' , it \ % / ' y ____,--------'` \ \ \ \, 1 \ ' S __,-----------'"-- 1 9 --....„ _ _,------- __-r--- street ___,-------------------'\���,,,,..r 5 fir* Not-folk -�� Avenue �-- i ° \ \ I', \ \ t \ ' \'Y / OR \ (c 1 \ D ti k W I ///, Site ti AI& i Property Polygons Jim Lutz s Q Zoning 917 Pacific Avenue, Unit D Building m Feet 012.525 50 75 100 125 150 ►�U ,,.,„ ..._...., Ot S'�y , i,. 4J.: „.. ...:„..,. CITY OF VIRGINIA BEACH \ AGENDA ITEM ../ ITEM: JIM LUTZ [Applicant] MELVIN EATON [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 917 Pacific Ave Unit D (GPIN 24272444111100). COUNCIL DISTRICT 5 MEETING DATE: July 11, 2023 ■ Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental unit within the Pacific Place condominium. • Considerations: The applicant is requesting to operate a one-bedroom, 455 square foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 11 approved Conditional Use Permits for the operation of Short Term Rentals. 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. There is one assigned parking space associated with this unit. Pacific Place 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. 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 June 14, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed 917 Pacific Avenue Unit D and the Short Term Rental use shall only occur in the principal structure. Jim Lutz 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. Jim Lutz 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. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to Jim Lutz Page 4 of 4 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: NBApplicant Jim Lutz Agenda Item Property Owner Melvin Eaton Planning Commission Public Hearing June 14, 20238 City Council District 5 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 'l-=-" 171Ks1 Approval a5j „.04ss HST Staff Planners '� r r 1ST H Si \ n n \ Garek Hall Hannigan ,,zNsv < t r, n• r I� -A31"Si CaO p ' Location ,211.si 1 ,,LAKE OR 1 D'''' \ 917 Pacific Avenue, Unit D 1, —, Zrt NOREOLKAVE APS1 ''\ '''''-'' ' T Y 8TN SS \ e. GPIN �µ5TA40AVE M fr-, 1SNst .2.,, 24272444111100 \ "aapE.Avo''' E v 6TNs1 ERG 1N�A AV AV E A``EN E GAROI'µA N cO%N1 (i Site Size ,�- NGERR�EyVE ve. `\ � gT 34,984 square feet '"' CDs' q� i iNost , Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North . 1\ u- w , - .,..,74 ,.,t ,.- Multi-family dwellings, commercial parking lot/ .4 e111i ' OR Oceanfront Resort r South ' ,' 9th Street • i �- 4/11- Municipal parking garage/OR Oceanfront ` N i Resort m a r"'4. t` East , �1 -,1-* , n, a s�f y..�. Retail shops/OR Oceanfront Resort ✓{ _ Tom..-- .+ �k,Z A 4 West ,\.. , - let., Pacific Avenue NOR FOLKA VIP /41. 1 Off-street parking lot/OR Oceanfront Resort a T �,,, , • �i a .k s i ", - ✓ % it e \I ' . Jim Lutz Agenda Item 8 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 May 17, 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 \‘0 Sr*snititri ats40110-' 41 vogoly . „ LLW t[t3RFOt 1l -- r kik 101 31111 ILI 1116% ir 1 wielbUtiffaxi Short Term Rentals syb • -- A c„-&-04----t511 _' 0 • itstal \W;Fic Jim Lutz Agenda Item 8 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a short term rental in a two-bedroom, 455 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 1011A5I 1 CUP(Short Term Rental)Approved 05/16/2023 CUP(Short Term Rental)Approved 06/12/2022 CUP(Short Term Rental)Approved 04/05/2022 y� OR CUP(Short Term Rental)Approved 11/09/2021 CUP(Short Term Rental)Approved 03/02/2021 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 08/25/2020 1 ICI CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 06/09/2020 CUP(Short Term Rental)Approved 04/06/2020 �Hst CUP(Short Term Rental)Approved 02/04/2020 NORFOIK AVE 2 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 OR CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 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,455 square foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 11 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 Jim Lutz Agenda Item 8 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 917 Pacific Ave, Unit D 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. Jim Lutz Agenda Item 8 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 Jim Lutz Agenda Item 8 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 May 15, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 28, 2023, and June 4, 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 May 26, 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 June 8, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Tuesdays,June 27, 2023 and July 4, 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 June 26, 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 July 7, 2023. Jim Lutz Agenda Item 8 Page 6 Site Layout & Parking Plan • • +, f 1 a rIII�� • 4 c "..' / ._.'\1 % _ - ; - °== .., \ Assigned Parking Space li \ t ' 1 1 i :__ ,JI a , #� ` m+`{" �' .\--\"i --.rr It - �l 4'. 11 1i ',t v. ,-\ ,.rrw°1 fir. .I I , -,".7 '\ ,,, ...,,........'"")\-\'' �A AO' . `I i' • One assigned space in the r parking lot qSH SS ,1`� • Historical exemption to �`f requirements; only one space ` 1 ''.1 "", neededAA r Jim Lutz Agenda Item 8 Page 7 Site Photo ror- 1 ... -----N- .4, . _ ,... i.4., , , iiti Nri Ir ; i--- ....e: :7 - 1 r. . . :::: firsomPeillillikomy' — .. i 1111111 411 prai Pio r al — " t, pit PP"II -! ... ......,4 pp owl ... .. -4 ..._ 44 , .7.. ..., . ., ,,,,,,,% ;....ri, ,,F....I, ."....t., n4,' . .%, ., , ' '.. 4 15 ,, .'1 r ,,, 15.; '. • , , ,.. ........"••• , INI ., • 1..., ..... , - 044‘. ,Aidiglilli Jim Lutz Agenda Item 8 Page 8 Disclosure Statement Disclosure Statement rt vd,e,�d 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_ Lut,)) Does the applicant have a representative? 'Yes 0 No • If yes,list the name of the(repre entative Men MenV1 k 01A - Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a 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 liii)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. .. •. C "'Jr' Jim Lutz Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement1B City Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea h have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ia No • It 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-collateralaation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes El No • It yes,identity the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes til No i C t • If yes,identify the company and individual providing the service ,ti,i• 3 Coes the applicant have services for accounting and/or preparation of tax returns providedyn connection with the subject of �• the application or any business operating or to be operated on the property,0 Yes ,"c'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 i the application or any business operating,or to be operated on the property'0 Yes I NO • If yes,identify the firm and individual providing the service R O ' 5 is there any other pending or proposed purchaser of the subject property?0 Yes VN0 • if yes,identity the purchaser and purchasers service providers Jim Lutz Agenda Item 8 Page 10 Disclosure Statement Disclosure Statementlii1B Pl+{_tlntn1 At Cn-r,.t=')- ) I Dist taw # ri P.364 1.or/4111=ktea•t rcmn .y,, %rtiitUwaofrileay}r.t ,s*t>tfsm.taaaa;rltr;:. OP r Wit 'I et cr .M swirly,j V Fs 0 • r}11.16",k tit re" a 4,c re r#r l is 4s•,4.4 IN a.ici tsar tt#i[rtabri taw a,rv,e4larrever/aim• istot+,.ittt rot. :)clitr 13f social a+a•f kaircta ay.totog°rtoOmspervitrMltir�i�ttYt iJ►g �p • ''rel.ti*yakI1.Mnardil/1~110114.010.minim. r t***Wiwi rrtlattm IRO it.Ytst t s tie ,N wt%ty totsrt ci tie atrri.atta•aact.b.,1i>...,'m.rta(as I.I. Ilit'A a.N e to 0u MO • rvra dttttly lb*4tileihivistatla•3.1 iJrtrrlltt+:s r:r*tt nit JOa+!.a.tt•t.m tjccritits tr'.i 0444,,,ne Sitambent ISM 4 314112,gnatwolfiec r.ia.iviiartlr4I.i rtliCV,ci sctt(N N,a:ire aat c atv%labia 60004060ierpubicb.r R I En mpeasisit vp6101111k 3a+pts*.#i1d is tole qv.'rn$t',Si tr t1111 immiliprefteetiq CosiorJttls...city t, Cana,t, 'viler tsi4. r a•=W lail+y^•ltilln 1atil tllb t u.�F�1AAMSi�dt l.itrt •h- ....-.•.-P.'—'-",,,i-r"---.-- -`1k..1G. » ifikilisAti hitt Move rot title 411211840:411111 __ 'i6 ; r a tt.*mkstt sic cm,c way dl,r. aKt peOvai IN,. f 1 Yes NMIv • ttyetq,1i.ti my:bowl la WIWI lttt sower dins'."r 0.rroont III1Mtt.�.t�tt Gitw r .. t>ti.r r IA iv," f 1 Jim Lutz Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement11/4B Planning&Community Development Owner Disclosure Owner Name Of Applicant Name 1(tY\ Uuk-zy Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 1 No • If yes,list the names of all officers,directors,members,trustees,etc below (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a sa 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. Jim Lutz Agenda Item 8 Page 12 Disclosure Statement Disclosure Statement ceyyfw�..e..i t Planning&Community Development Owner Services Disclosure 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. Im ... ` 7iYnIn1UYl c7 (1Pt'{-f IL1at'� 1 f,1,71fh1fi Tip', (J � 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 1�(J 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 ,lEiNo • 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?0 Yes )(No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent�nt in connection with the subject of the application or any business operating or to be operated on the property?0 Yes jJ No • If yes,identify the firm and individual providing the service • Jim Lutz Agenda Item 8 Page 13 Disclosure Statement • • Disclosure Statement Planning&Community De elopment B h the Qn ner rece,tmg legal services in connection With the wbfect of the application or arty business operating or to be :petaled on the property'❑Yes Citio H yes,rdenahy the firm and individual proofing legal the service Owner Signature l cert,es that at of the mtormation contained in this Disclosure Statement form IS comptete,true,and accurate.1 understand that upon.receipt of notification that the application has been scheduled for public hearing I ant responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission.City Council.VBOA,tBp4 Wetlands Board or any public body or committee in connection witl.tttisapplication. OtwatrSMahpa ITV Iv fp- 5.01311 Print a �p .fin --_. .. X i l lit?1^' Onto —. unites, Jim Lutz Agenda Item 8 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. Jim Lutz Agenda Item 8 Page 15 STR VICINITY MAP JIM LUTZ -au ir _.. ,, v_, „ 3„,.. ,_ ..7___ :::. i,,,,..„...,,..... ...___ i � ,, . , y..4,,, ,.., ,41 i ..,,c, ‘. .,,,N. • l ---:)... ..\ c _ _ .0 of ti •,11$10', 11ti ,,,i, -----"\--\i,. rV":— — * r -; i I It. 1 VIP* Sri of. :IP ' \''' i litt..6 I. 4 oa t i ,, . i..,s i-it. ,,, Ni RFOL - -), '''''-_ -& ,.- A Ili ritli 111. ,;., vi.\--- li. , I gliiiiiiiiiii% , - -ek'k e- :,--1-1 iiiik i 4 r--5i" ' r Sh art Teri R ental s i, �, °:'H rwnnr� "Wt. ' \\ • , , � ti r , :-...: 7.*.!:J1 11111 -, ti 1 &' _.!... . , ` Appuwq 5 - --A t 1 • . t _ •� -fir LMaMd � _, — . _ rr ".hdKrlrnnw ,, L 5 5 " _f�i I. 1 S 1 �- `_ l I �_ i. C Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item # 8 Jim Lutz (Applicant) Melvin Eaton (Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL— CONSENT Ms. Cuellar: Thank you very much. Our next item is item number eight Jim Lutz. Is there a representative here today to speak on behalf of this agenda item? Okay. Is there any opposition to this item being placed on the consent agenda? Having none, we've asked Commissioner Alcaraz to read this into the record. Mr. Alcaraz: All right, thank you again. This application Jim Lutz for short term rental at 917 Pacific Avenue Unit D, all conditions are accepted and we ask for this to be on the consent agenda. Ms. Cuellar: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE . Cuellar AYE Estaris X Horsley X Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 917 Pacific Ave, Unit D 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. \ tisc: _TT ..----- I \ - V................._......---1OR Icyr--.„------ ______------- tie �- h Set , \-- _- \ to ,••••••••••77-...1...-:-'--------- - 1... sttee` ____----------- \ ,--------- __________-----------i2A3s \ �� CZ _ tyee �----- - - i�,' cs �-l= , , J ,, 0 / \ fa \ � t �� P: 7 G ! 44 ti ti , tc, \ \ \ , „ \\ \ \ A \ _____------- \ ‘ s, CD \ ___ _______ \ i 4, "za"Iii treat \ \ \ \ 13319 l'ic 110 \ ct ,\k \ \ \ \ 0 ' ' \ \ treat 4 h �0 ti \4 l'' \\ OR \\\\ (it \ \ ,, \ \ _____ . tit ri IA , 7 ASite w i Property Polygons James & Lori Jones c S Q Zoning 1722 Baltic Avenue Building Feet 012.525 50 75 100 125 150 ,.o ;0tip' a r, st 4. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: JAMES & LORI JONES [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1722 Baltic Avenue (GPIN 24270730526770). COUNCIL DISTRICT 6 MEETING DATE: July 11, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental unit within the Baltic Place condominium. • Considerations: The Short Term Rental request is for an existing two-bedroom condominium unit, built in 1984, which is located at the corner of Baltic Avenue and 18th Street. The condominium is located within the Ocean Resort (OR) Short Term Rental Overlay District as well as the ViBe Creative District. The subject condominium unit shares the building with other multi-family condominium units and Short Term Rental units. The surrounding area is a mixture of multi-family dwellings, commercial retail, and eating and drinking establishment uses which are all typical of the Oceanfront Resort and ViBe Creative District. There are two assigned parking spaces associated with this unit. 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 June 14, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed 1722 Baltic 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. James & Lori Jones Page 2 of 4 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. James & Lori Jones Page 3of4 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. James & Lori Jones Page 4 of 4 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/A.y ApplicantsCityCouncil& PropertyDistrict 6 Owners James & Lori Jones Agenda Item 1B Planning Commission Public Hearing June 14, 2023 City of 9 Virginia Beach Request Conditional Use Permit(Short Term Rental) 2 1H ' O 241c.,.. 20.. Staff Recommendation ,�0 25 s1 , • `,►J 73 241 H `F 51 -o Approval 4 �23RD ROS1 Q Z 23 LF S1' A m 1 �Z22�NDS1 , 22ND ST c 22 Hp.I.F - M Staff Planner m 2,51 .�..- \ 03 Garek Hall Hannigan f' 264 21515� FSj 2p1N51 i ZN L i 264 N 21 > 1 A�, Location '- ' 1Nss 1722 Baltic Ave 181Hsj GPIN N v`�`Nae�GH 51 1N 16 �41H� 24270730526770 .,,. - � rr`151 N S1 ..r 1 N s1 44, Y Site Size 1 14 1 4 m 51 16,800 square feet ------\-- 1 V AS1H5 ,✓ 121N 1 m LAKE DR 111N 5 121Ns1 / 101Hs1 Existing Land Use and Zoning District __.,.'n,A SiW DINFwnnD DR Apartments/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North j, 18th Street .,, Townhouses, Brewery/OR Oceanfront Resort , ►'' ' i• South , ►-- /17:41"s1 '1 17th%Street (alley) "' • ; .. '' ' ' �.., �` p Y' Commercial/OR Oceanfront Resort x , �, �� East y `, V! Baltic Avenue \ 4 ..-- t -fib "A -,,' Apartments/OR Oceanfront Resort ,l'`, i l! - ' , ..-- West : ,. , ‘,..,- r‘.4 , (41, y ).,,, - , ' Alley ,,r`` • • 0 Single-family dwellings/OR Oceanfront Resort " �` , HA Vme' " ' l'i 41.� 4 ' 4 /rill: .. - -`' r'` ` 4r\ James & Lori Jones Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 16,800 square foot parcel located within the OR Oceanfront Resort Form Based Code District. • According to City records, this location will occupy 1 unit of a 14-unit condominium building that was constructed in 1984. • Staff inspected the site on May 17, 2023 to observe site conditions. • 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 May 19, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity \--\14\r''2'' --- '7iii. :- \Ititsrl'v-----_,-- \-1-- . \ ' - 123;. )-----\ 1 , ,-0 v.— ' --.\ A-A,--\-, , E--__.\ ----- \\----- , o4e---- ii?* ,_ _ _ ...,„ -c-v,,, iz\ . _.,.__ 2c----5------1q- ' ---_-_-_:.. ,---;-------T-' 111101".!-V 011,----1_----1 ),_- -ii. .. / y ,`� IT � � � c� �_r,.-ram +� — Mr (+1'; ---A `._ Gam`" V— --- \ gI lt---itti": .‘,' , 'T.c -- Inc �.�y ,,, ilwe p,____ N '-0 \' _,-1 Oa\- \51, „ter .- - _i 1 1 _v., Short Term Rentals ;� l--J ` .\ -;5t1"S _ram rn ` � (� 5 ' 4 - A\5 + v S_!9 .1 w" gT CUPffiyus �,,., 'L • • 1. /<,,o;4°—\\\. �^,1 1 1 1 ILA l� . 1 t - ,- —C , r..1 � 1 r1 " ��� �. James & Lori Jones Agenda Item 9 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:4 • Number of parking spaces required: 2 • Number of off-street parking spaces provided: 2 19ZH ST Zoning History # Request 1 STR-Approved on 04/04/2023 2 STR Approved on 11/15/2022 o P j STR—Approved on 08/18/2020 or STR—Approved on 08/18/2020 STR—Approved on 06/09/2020 3 STR—Approved on 09/01/2020 4 STR-Approved on 09/01/2020 t,tHNplf s� 5 CUP(Brewery)—Approved on 11/8/2017 OR Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The Short Term Rental request is for an existing 2-bedroom condominium unit, built in 1984,which is located at the corner of Baltic Avenue and 18th Street.The condominium is located within the Ocean Resort (OR) Short Term Rental Overlay District as well as the ViBe Creative District. The subject condominium unit shares the building with other multi- family condominium units and Short Term Rental units. The surrounding area is a mixture of multi-family dwellings, commercial retail, and eating and drinking establishment uses which are all typical of the Oceanfront Resort and ViBe Creative District The unit in question has not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance.The applicant has stated that they do not intend to use this unit for Short Term Rentals prior to approval of this application. Based on the information provided by the applicant, the unit appears to comply with the STR regulations found in the Zoning Ordinance. James & Lori Jones Agenda Item 9 Page 3 For the reasons stated 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 1722 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use.The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 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. Physical response to the site of the Short Term Rental is not required. 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. James& Lori Jones Agenda Item 9 Page 4 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. James & Lori Jones Agenda Item 9 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 15, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 28, 2023,and June 4, 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 May 26, 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 July 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Tuesdays,June 27, 2023 and July 4, 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 June 26, 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 July 7, 2023. James & Lori Jones Agenda Item 9 Page 6 Site Layout & Parking Plan 1.;9 ?11s , _ . — _ 4 97 ("2:\i s SIP MP, I/ � � --- - �.s i I 7 j . . e 1 , .1. 0.1* * - i 11.., ,�'fi. .j 1 .�� A• it `' w I t- ly • '' • N Z Atr. . V , I. x\,,, r -sit, 2 i /{ ' * j , • N- C i �� k �i�7..5 $ _,1/4.47... t .......:41:._ ( , t p. : 111 1k• w I ! I SQ 1 4 91 06‘i,t,;,..,,v' • --... . V 0 I 7.0....,........._ i�' �-� < .icy✓ —__ :I-. : gr*... ti- ` ' i /SI N I /9.*':\‘::#a b: +' as 1 _ .tpao ! 1 rd James& Lori Jones Agenda Item 9 Page 7 Site Photo �.,y"�.,w , ✓,,` a `7 y C,,.........„e,e,.. e*..,„,..,.... . • , -, ,4.41,1,-..., t.,, /,e- y i „,•,'' -4( , ,, '''' '''' ','S.P ,i-ii-/ nma,'"'il.•:, ' -_4- - '''' .. , '' -41K:iiiirt:':::4, -te 'II- ♦♦ a 1 a' .--,, .• %et\i T .r1,1 r"4 R �� ;.rat t� t�..t _ ' * -,, ::!,«;,,-:,..•,,,._ z. 44: I , , ; -----,-' "4 , . ' 'a, . Iglabor - ....a. '-4:,,,.. --,, James & Lori Jones Agenda Item 9 Page 8 Disclosure Statement . • • • .• • • ••• -• • • r Disclosure Statement • The disclosures cootamed 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 Virg nia 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 James and Lori Jones Does the applicant have a representative? II Yes No • If yes,list the name o the representative Brandan M Goodwin,Hange•Law Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 1111 No • 1 yes,list the names of all officers,directors,members,trustees,etc.below, (Attach a list if necessary) • F yes,fist the businesses that have a pa-ent-s,..ihsidiaryi or affiliated business entity/re ationship with the applicant (Afli 5t if necessary) diary relationship"means"a relationship that exists when one corporation directly of indireitly owns shares possess ng more than SO percent of the voting power of another corporation" See State arid local Government Conflict of Interests Act,VA.Coda§2.2-3101. 2'Affiliated business entity relanoriship-means"a reletiiyish p_other than parent-subsidiary relationship,that exists w nen in one business entity has a convoll'ne ownership interest in the other business entity,(iii a contiolli-g 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 mat should be con side'eci in determining the existence of an affiliated business entity relationship re:6de that the same person or substantially the sane peso,'own Of 1114tWee the two entities,there are common or commingled funds or assets;the Liminess 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 workirg relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 1f' I:I James & Lori Jones Agenda Item 9 Page 9 Disclosure Statement Disclosure Statement - _ „,. Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach save an irterest in the subject land or any proposed development contingent on the subject public action/0 Yes t No • 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 connectun*ill-,the subject of the apalication or any business operating ro be op-crated on the property? II Yes ONo • if yes,identity the financial institutions,provie rig the service towneBank 2. Does the applicant have a real estate broker/agent/tailor for current and anticipated future sales of the subject property? Yes IIII No • if yes,identify the comouriy and individual providing the service. 3 Does the applicant have services tor accounting and/or preparation of tax returns Provided in connection with the subject of the appi!Abort or any business operating to be operated on the pi•Operty?II Yes Ei No • It yes,identify the firm and indvidaal providing the service 4 Does the applicant have services from an architect/landscape architect/land planner provided iri connection with the subject of the application or any business operating or to be operated on the property?El Yes t No • yes,identify the firm and individual providing the service 5. s there any Mkt pending or proposed purchaser ct the subject prope-ty7 0 Yes it No • if yes,identify the purchaser and Purchaser's service pray der s. Revi;eti 11 092020 1 I James& Lori Jones Agenda Item 9 Page 10 Disclosure Statement Disclosure Statement 10_ 6. Does the applicant have a construction contractor in connection with the subject of the app'scatior or any business operating or to be operated on the property,0 Yes It No • If yes,identify the company and individual n-osrining the service. 7 Does the applicant have an engineer/surveyor/agent ii collection WIn the sJiaect of the application or any btsiness operating or to be operated on the propely?D Yes I No • If yes,identify the firm and individual providing the service. 8 Is the applicant receiving legal services in connection with the sub ect of the appicatIon or any business operating or to be operated on the property?L Yes 0 No • If yes,identify the firm and ird victual providing the%entice. iarge•Law,13-andan M ioudwri Applicant Signature I certify that all of the"n'orrnation contained ir this Disclosure Statement Form is complete,true,and accurate. I understand that, ipor.preint of rot,firation mar:Fr aro iratirin has been srhed.iled 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. - eist.441. Let., Applicant Signature James I.Jones Print Name and Iltie 0218/2023 Date s the applicant also the owner of the subject property? Yes 0 No • 1,,yes,you do not need to fii 00 the owner dsclosure 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 tiO No maw,aS 0.` °at'. D6/211/2023 s't1"1. Print Nanv Parnea Witham James & Lori Jones Agenda Item 9 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. James & Lori Jones Agenda Item 9 Page 12 STR VICINITY MAP JAMES AND LORI JONES '\--- _._ \s\ ----'--- \ _-__ s_\11-A-A4r: . ____. .,......._ s '''''' ----1-771,1R: ---S..----lili' -.0:),-----11_,___:: ,a',Iv _----_______-4" ., -----_ rcar _,....,,. r am,..- ..-""' yam'' t ' ��^rye, ,\_ii.._._.,____ \ - #11,--- ---- . •15, -- -�1. t 7 i y r d ��_�,,.r^' ty.7.., \,, --1-----c7:;\.:-‘j:\;'4,• -- -‘ , 1 i .,. - % \ ..„------- --- _ ,v,_ --.;:-.---:---- ., t,,,,,,,I, i, .,. 7.0-----"- \., '. .... tra -. ° . . •• ..-- __ _ .::.:::: ,r, v , • ,- ..-,.. .--------'--:------ CrT '.. k „ _in . --.. ...L... -.'-*/14.7.4.'f-Ni.7 ----\i 0: . - - •\ si‘,,,_,,i'l ---:-------'pe'', --,- . \ \ _ .,. wsilk,,,k D \ 4 — t ‘ -1 1 7;/ -----, - 1'----''—'--'--'---\- iii, Short Term Rentals -_!" --- r '4 .. 1 1 a , q.,6_51,_„--,,,e. '1, _A-5 .= 0 rag Pt,-. SI:\ ,, Ott PIra \ %,A e , cUP Status i ', , �,� , '� .J'61 R1iK) 4'4 II, lF ....,,,,tit. , ti it . y \thi, Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item #9 James & Lori Jones (Applicants & Property Owners) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL— CONSENT Ms. Cuellar: Thank you. Agenda item number nine, James and Lori Jones, is there a representative here today to speak on behalf of this? Welcome, and please state your name for the record. Mr. Jones: James Jones. Ms. Cuellar: Thank you. And are the conditions acceptable to you? Mr. Jones: They are. Ms. Cuellar: Thank you very much. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this item into the record. Mr. Alcaraz: This is an application again in my district at 1722 Baltic Avenue for conditional use permit for short term rental under the normal conditions placed upon that use. The applicant has accepted all conditions and the commission has indicated that there has been no objection made and it's therefore suitable for the consent agenda. Ms. Cuellar: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris X Horsley X Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 1722 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use. The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 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. Physical response to the site of the Short Term Rental is not required. 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. ., r b P0 �'�Liy :,, 2.: ,..,,,.....,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM *„/ ITEM: AN ORDINANCE TO AMEND SECTION 106 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTICE BY THE BOARD OF ZONING APPEALS. MEETING DATE: July 11, 2023 ■ Background: The purpose of this amendment is to align the public notice requirements for the Board of Zoning Appeals with the changes to the Virginia State Code adopted during the 2023 legislative session. ■ Considerations: Current notification requirements for the Board of Zoning Appeals: • Advertised for 2 successive weeks in a newspaper of general circulation with not less than 6 days between the 1 St and 2nd publications • Hearing must be held between 5 days and 21 days after the 2nd publication • Descriptive summary required in the advertisement Notification requirements in proposed amendment: • Advertised for 2 successive weeks with 6 days between ads • 1st notice appearing no more than 14 days before the intended adoption • No summary required 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 June 14, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 8-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. City of Virginia Beach Page 2 of 2 Submitting Department/Agency: Planning Department City Manager: tp 1 AN ORDINANCE TO AMEND SECTION 106 2 THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICE BY THE BOARD 4 OF ZONING APPEALS 5 6 Section Amended: § 106 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 106. Appeals and variances. 19 20 (a) The board of zoning appeals shall hear and decide appeals from any order, 21 requirement, decision, or determination made by an administrative officer in the 22 administration or enforcement of this ordinance. An appeal shall be filed with the 23 zoning administrator, and include the grounds of appeal, within thirty (30) days of 24 the date of the decision appealed, unless the notice of violation involves temporary 25 or seasonal commercial uses, parking of commercial trucks in residential zoning 26 districts, or similar short-term recurring violations, in which case the appeal period 27 is ten (10) days from the date of the notice of violation. All decisions not timely 28 appealed shall be final and unappealable. In addition thereto, the board shall have 29 such other powers and duties as are set forth in Code of Virginia, § 15.2-2309; 30 provided, however, that the board shall have no authority to hear and decide 31 applications for conditional use permits, and provided further, that written notice as 32 prescribed in Code of Virginia, § 15.2-2204 shall be given at least fifteen (15) days 33 prior to the hearing before the board. Notice shall be published once a week for 34 two successive weeks in a newspaper having general circulation in the City ("two 35 successive weeks" means that such notice shall be published at least twice in 36 such newspaper, with not less than six (6) days elapsing between the first and 37 second publication). The first notice shall be published no more than fourteen 38 (14) days before the intended adoption. The cost of the public notices required by 39 Section 15.2-2204 of the Code of Virginia shall be charged to the applicant. 40 41 . . . . 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: *,‘ Planning Department City Attorney's 0 ice CA16150 R-2 April 18, 2023 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing June 14, 2023 Notice for Board of Zoning Appeals Virginia Beach Request An Ordinance to amend Section 106 of the City Zoning Ordinance pertaining to notice by the Board of Zoning Appeals. Summary of Request During the 2023 legislative session Virginia Senate Bill 1151 was passed which standardized public notice requirements. This amendment proposes to amend Section 106 of the City Zoning Ordinance to align with those changes to the State Code. Current notification requirements: • Advertised for 2 successive weeks in newspaper of general circulation with not less than 6 days between the 1st and 2nd publications • Hearing must be held between 5 days and 21 days after the 2nd publication • Descriptive summary required in the advertisement Notification requirements in proposed amendment: • Advertised for 2 successive weeks with 6 days between ads • 1st notice appearing no more than 14 days before the intended adoption • No summary required Recommendation Staff recommends approval of this Ordinance as it will bring the Zoning Ordinance into alignment with the State Code. City of Virginia Beach Agenda Item 1 Page 1 Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL—CONSENT Ms. Cuellar: Thank you very much. Today we have eight items on the consent agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers currently signed up in opposition. We're gonna go ahead and start with items number one, two, and three and Kay Wilson, our City Attorney will be speaking on behalf of the city regarding the zoning ordinance changes. Ms. Wilson: The first three agenda items are Ordinance Amendments required to be adopted because they were adopted by the General Assembly in 2023. They will take effect on July 1st, even though they will not be voted upon by City Council until July 11th. What they do is change the notifications of the public hearings for the city. Number one does changes for BZA, two and three do wetlands and coastal primary sand dunes. The changes that are being made are that we will have two consecutive publications as we do now, but they will be done on 14 days before the meeting and then seven days before the meeting. So we will move from Sunday publications of all of the notices to whatever day the meeting is held on. Yours will be done on a Wednesday. Wetlands and sand dunes will be done on a Monday. Wetlands and sand dunes also only have to advertise one time a week before, so they will have a Monday advertising and of course that will not be in the beacon, but it will be in the Virginia Pilot legal notices. Ms. Cuellar: Thank you very much Ms. Wilson. Is there any opposition to these items being placed on the consent agenda? Hearing none. We'll move forward with the next item. Ms Cuellar: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY O ABS O ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris X Horsley X Parks AYE Plumlee AYE r64U 0 fi .:rvv:; CITY OF VIRGINIA BEACH AGENDA ITEM ,,/ ITEM: AN ORDINANCE TO AMEND SECTIONS 1605 AND 1609 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTICE AND PERMITS FOR COASTAL PRIMARY SAND DUNE APPLICATIONS MEETING DATE: July 11, 2023 • Background: The purpose of this amendment is to align the public notice and permitting requirements for primary sand dune applications with the changes to the Virginia State Code adopted during the 2023 legislative session. • Considerations: The changes to notifications include: • Adding email as an approved method for certain notices • Updating the required timing for published notices: notices will need to be published once in the 7 days prior to the hearing, rather than once a week for 2 weeks • Adding that notices of hearings should be posted on the City's website at least 14 days prior to the hearing and a copy of such notice shall be provided to the Virginia Marine Resources Commission for submittal to the Virginia Regulatory Town Hall Additional changes include: • Removing the requirement that the permits be notarized when signed by the Chairperson of the Board • Updating the name of the Department of Game and Inland Fisheries to the Department of Wildlife Resources 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 June 14, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 8-0. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 2 1605 AND 1609 THE CITY ZONING 3 ORDINANCE PERTAINING TO NOTICE AND 4 PERMITS FOR COASTAL PRIMARY SAND 5 DUNE APPLICATIONS 6 7 Sections Amended: §§ 1605 and 1609 of the 8 City Zoning Ordinance 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 Sections 1605 and 1609 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 Sec. 1605. Public hearing procedure on permit applications [coastal primary sand 20 dune permit applications]. 21 22 Not later than sixty (60) days after receipt of a complete application, the 23 Wetlands Board shall hold a public hearing on the application. The applicant, city 24 council, commissioner, owner of record of any land adjacent to the coastal primary sand 25 dunes in question, the Virginia Institute of Marine Science, the Department of Game a 26 Wand-Fisheries Wildlife Resources, the State Water Control Board, the Department of 27 Transportation and any governmental agency expressing an interest in the application 28 shall be notified of the hearing. The Board shall mail or email these notices not less than 29 twenty (20) days prior to the date set for the hearing. The Board shall also cause notice 30 of the hearing to be published at least once a week for two (2) weeks in the seven (7) 31 days prior to such hearing in the newspaper having a general circulation in the City of 32 Virginia Beach; (ii) post a notice of the hearing on its website at least fourteen (14) days 33 prior to such hearing; and (iii) provide a copy of such notice to the Commission for 34 submittal to the Virginia Regulatory Town Hall. The costs of publication shall be paid by 35 the applicant. In the event that the board submits a correct and timely notice for 36 publication and the newspaper fails to publish the notice or publishes the notice 37 incorrectly, the board shall be deemed to have met the notice requirements of this 38 subsection as long as the notice is published in the next available edition of such 39 newspaper. The applicant shall also erect, on the property which is the subject of the 40 hearing, a sign of a size, type and lettering approved by the board. One such sign shall 41 be posted within ten (10) feet of every public street adjoining the property, and within 42 ten (10) feet of any body of water or waterway less than five hundred (500) feet wide 43 adjoining the property or in such alternate location or locations as may be prescribed by 44 the planning director. Such sign shall be erected not less than thirty (30) days before the 45 Wetlands Board hearing and shall state the nature of the application and date and time 46 of the hearing. Such signs shall be removed no later than five (5) days thereafter. The 47 placement of the required signs shall not be applicable to sand management permits. In 48 any case in which the Wetlands Board determines that the requirements of this section 49 have not been met, the application shall be deferred or denied. 50 51 . . . . 52 53 Sec. 1609. Permits to be in writing; and signed . 54 55 The permit shall be in writing; and signed by the chairperson of the Board and 56 notarized. A copy of the permit shall be transmitted to the commissioner. 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: f/11/. 7 (bY lanning Department City Attorney's Office CA16152 R-2 May 8, 2023 Applicant City of Virginia Beach Agenda Item Planning Commission Public Hearing June 14, 2023 i/B Notice and Permits for Coastal Primary Sand Dune art„r,; NApplications 2 Virginia Beach Request An Ordinance to amend Sections 1605 and 1609 of the City Zoning Ordinance pertaining to notice and permits for coastal primary sand dune applications. Summary of Request During the 2023 legislative session Virginia Senate Bills 867, 1151,and 1160 were passed which modified how coastal primary sand dune applications are advertised and permitted.This Ordinance proposes to amend Sections 1605 and 1609 of the City Zoning Ordinance to align with those changes to the State Code. The changes to notifications include: • Adding email as an approved method for certain notices • Updating the required timing for published notices: notices will need to be published once in the 7 days prior to the hearing, rather than once a week for 2 weeks • Adding that notices of hearings should be posted on the City's website at least 14 days prior to the hearings and a copy of such notice shall be provided to the Virginia Marine Resources Commission for submittal to the Virginia Regulatory Town Hall Additional changes include: • Removing the requirement that the permits be notarized when signed by the Chairperson of the Board • Updating the name of the Department of Game and Inland Fisheries to the Department of Wildlife Resources The State Code change and proposed City Zoning Ordinance amendment provides some protection for the City in the event that the board submits a correct and timely notice for publication and the newspaper fails to publish the notice or publishes the notice incorrectly. With the proposed amendment, the board shall be deemed to have met the notice requirements so long as the notice is published in the next available edition of such newspaper. Recommendation Staff recommends approval of this Ordinance as it will bring the Zoning Ordinance into alignment with the State Code. City of Virginia Beach Agenda Item 2 Page 1 Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item #2 City of Virginia Beach RECOMMENDED FOR APPROVAL— CONSENT Ms. Cuellar: Thank you very much. Today we have eight items on the consent agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers currently signed up in opposition. We're gonna go ahead and start with items number one, two, and three and Kay Wilson, our City Attorney will be speaking on behalf of the city regarding the zoning ordinance changes. Ms. Wilson: The first three agenda items are Ordinance Amendments required to be adopted because they were adopted by the General Assembly in 2023. They will take effect on July 1st, even though they will not be voted upon by City Council until July 11th. What they do is change the notifications of the public hearings for the city. Number one does changes for BZA, two and three do wetlands and coastal primary sand dunes. The changes that are being made are that we will have two consecutive publications as we do now, but they will be done on 14 days before the meeting and then seven days before the meeting. So we will move from Sunday publications of all of the notices to whatever day the meeting is held on. Yours will be done on a Wednesday. Wetlands and sand dunes will be done on a Monday. Wetlands and sand dunes also only have to advertise one time a week before, so they will have a Monday advertising and of course that will not be in the beacon, but it will be in the Virginia Pilot legal notices. Ms. Cuellar: Thank you very much Ms. Wilson. Is there any opposition to these items being placed on the consent agenda? Hearing none. We'll move forward with the next item. Ms Cuellar: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris X Horsley X Parks AYE Plumlee AYE I v, � �Uti�j a ti yy I , ��4 •. CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: AN ORDINANCE TO AMEND SECTIONS 1405 AND 1409 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTICE AND PERMITS FOR WETLANDS APPLICATIONS MEETING DATE: July 11, 2023 • Background: The purpose of this amendment is to align the public notice and permitting requirements for Wetlands applications with the changes to the Virginia State Code adopted during the 2023 legislative session. • Considerations: The changes to notifications include: • Adding email as an approved method for certain notices • Updating the required timing for published notices: notices will need to be published once in the 7 days prior to the hearing, rather than once a week for 2 weeks • Adding that notices of hearings should be posted on the City's website at least 14 days prior to the hearing and a copy of such notice shall be provided to the Virginia Marine Resources Commission for submittal to the Virginia Regulatory Town Hall Additional changes include: • Removing the requirement that the permits be notarized when signed by the Chairperson of the Board • Updating the name of the Department of Game and Inland Fisheries to the Department of Wildlife Resources • Updating the Virginia Water Control Board to the State Water Control Board 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 June 14, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 8-0. City of Virginia Beach Page 2 of 2 ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /MO 1 AN ORDINANCE TO AMEND SECTIONS 2 1405 AND 1409 THE CITY ZONING 3 ORDINANCE PERTAINING TO NOTICE AND 4 PERMITS FOR WETLANDS APPLICATIONS 5 6 Sections Amended: §§ 1405 and 1409 of the 7 City Zoning Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 1405 and 1409 of the City Zoning Ordinance are hereby amended 16 and reordained to read as follows: 17 18 Sec. 1405. Public hearing procedure on permit applications [wetlands permit 19 applications]. 20 21 Not later than sixty (60) days after receipt of a complete application, the 22 Wetlands Board shall hold a public hearing on such application. The applicant, the city 23 council, the commissioner, the owner of record of any land adjacent to the wetlands in 24 question, known claimants of water rights in or adjacent to the wetlands in question, the 25 Virginia Institute of Marine Science, the Department of Game and Inland Fisheries 26 Wildlife Resources, the Virginia State Water Control Board, the Department of 27 Transportation, and any governmental agencies expressing an interest therein shall be 28 notified of the hearing. The Board shall mail or email such notices not less than twenty 29 (20) days prior to the date set for the hearing. The Board shall also cause notice of the 30 hearing to be published at least once a week for two (2) weeks in the seven (7) days 31 prior to such hearing in a newspaper of general circulation in the City of Virginia Beach; 32 L�: ost a notice of the hearing on its website at least fourteen (14) days prior to such 33 hearing; and (iii) provide a copy of such notice to the Commission for submittal to the 34 Virginia Regulatory Town Hall. The published notice shall state that copies of the 35 application may be examined in the planning department. The costs of such publication 36 shall be paid by the applicant. In the event that the board submits a correct and timely 37 notice for publication and the newspaper fails to publish the notice or publishes the 38 notice incorrectly, the board shall be deemed to have met the notice requirements of 39 this subsection so long as the notice is published in the next available edition of such 40 newspaper. The applicant shall also erect, on the property which is the subject of the 41 hearing, a sign of a size, type and lettering approved by the board. One such sign shall 42 be posted within ten (10) feet of every public street adjoining the property, and within 43 ten (10) feet of any body of water or waterway less than five hundred (500) feet wide 44 adjoining the property or in such alternate location or locations as may be prescribed by 45 the planning director. Such sign shall be erected not less than thirty (30) days before the 46 Wetlands Board hearing and shall state the nature of the application and date and time 47 of the hearing. Such signs shall be removed no later than five (5) days thereafter. In any 48 case in which the Wetlands Board determines that the requirements of this section have 49 not been met, the application shall be deferred or denied. 50 51 . . . . 52 53 Sec. 1409. Permits to be in writing, signed, . 54 55 The permit shall be in writing; and signed by the chairperson of the Board or an 56 authorized representative and notarized. The Board shall transmit a copy of the permit 57 to the commissioner. 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: (‘‘/-( a.,Git-rZ 159\1 ,, * lanning Department City Attorney s Office CA16151 R-2 April 18, 2023 Applicant City of Virginia Beach Planning Commission Public Hearing June 14, 2023 Agenda Item 11111/4BNotice and Permits for Wetlands Applications 3 Virginia Beach Request An Ordinance to amend Sections 1405 and 1409 of the City Zoning Ordinance pertaining to notice and permits for Wetlands Applications. Summary of Request During the 2023 legislative session Virginia Senate Bills 867, 1151,and 1160 were passed which modified how Wetlands applications are advertised and permitted.This amendment proposes to amend Sections 1405 and 1409 of the City Zoning Ordinance to align with those changes to the State Code. The changes to notifications include: • Adding email as an approved method for certain notices • Updating the required timing for published notices: notices will need to be published once in the 7 days prior to the hearing, rather than once a week for 2 weeks • Adding that notices of hearings should be posted on the City's website at least 14 days prior to the hearings and a copy of such notice shall be provided to the Virginia Marine Resources Commission for submittal to the Virginia Regulatory Town Hall Additional changes include: • Removing the requirement that the permits be notarized when signed by the Chairperson of the Board • Updating the name of the Department of Game and Inland Fisheries to the Department of Wildlife Resources • Updating the Virginia Water Control Board to the State Water Control Board The State Code change and proposed City Zoning Ordinance amendment provides some protection for the City in the event that the board submits a correct and timely notice for publication and the newspaper fails to publish the notice or publishes the notice incorrectly. With the proposed amendment,the board shall be deemed to have met the notice requirements so long as the notice is published in the next available edition of such newspaper. Recommendation Staff recommends approval of this Ordinance as it will bring the Zoning Ordinance into alignment with the State Code. City of Virginia Beach Agenda Item 3 Page 1 Virginia Beach Planning Commission June 14, 2023, Public Meeting Agenda Item # 3 City of Virginia Beach RECOMMENDED FOR APPROVAL— CONSENT Ms. Cuellar: Thank you very much. Today we have eight items on the consent agenda. These are applications that are recommended for approval by staff and the planning commission concurred, and there are no speakers currently signed up in opposition. We're gonna go ahead and start with items number one, two, and three and Kay Wilson, our City Attorney will be speaking on behalf of the city regarding the zoning ordinance changes. Ms. Wilson: The first three agenda items are Ordinance Amendments required to be adopted because they were adopted by the General Assembly in 2023. They will take effect on July 1st, even though they will not be voted upon by City Council until July 11th. What they do is change the notifications of the public hearings for the city. Number one does changes for BZA, two and three do wetlands and coastal primary sand dunes. The changes that are being made are that we will have two consecutive publications as we do now, but they will be done on 14 days before the meeting and then seven days before the meeting. So we will move from Sunday publications of all of the notices to whatever day the meeting is held on. Yours will be done on a Wednesday. Wetlands and sand dunes will be done on a Monday. Wetlands and sand dunes also only have to advertise one time a week before, so they will have a Monday advertising and of course that will not be in the beacon, but it will be in the Virginia Pilot legal notices. Ms. Cuellar: Thank you very much Ms. Wilson. Is there any opposition to these items being placed on the consent agenda? Hearing none. We'll move forward with the next item. Ms Cuellar: Thank you very much. That was the last item for our consent agenda. The Planning Commission places the following applications on the consent agenda, items number one, two, three, four, five, seven, eight and nine. Mr. Alcaraz: Thank you. Do I have a motion for these items to be on the consent agenda? Ms. Cuellar: I move that to be placed on the consent agenda. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: The vote is open. By a vote of eight to zero items one, two, three, four, five, seven, eight and nine have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE Byler , AYE . Clemons AYE Coston AYE Cuellar AYE Estaris X Horsley X Parks AYE 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 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** 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/r8168be2465076a229524299f16d766b9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 11, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S - S DATE:06/20/2023 PAGE: 1 RE 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 DENR N N I. CITY COUNCIL'BRIEFINGS A. CHESAPEAKE BAY ALCOHOL SAFETY Dr.Shirley Auguste, ACTION PROGRAM Executive Director (Requested by Council Members Remick, Taylor and Wooten) B. ELECTION SYSTEM COMMUNITY Andrew Block,Director— ENGAGEMENT UPDATE State and Local Government Policy Clinic at the University of Virginia School of Law Kara S.Fitzgibbon, Director of the Center for Survey Research Charles W.Hartgrove, Director—Virginia Institute of Government University of Virginia's Weldon Cooper Center for Public Service C. INDEPENDENT CITIZEN REVIEW BOARD Melissa Zibutis,Chief of UPDATE Staff—City Manager's (Requested By Council Members Remick, Office Taylor and Wooten) Johnathan Tones, Community Affairs Liaison II. CITY MANAGER'S BRIEFING RECYCLING PROGRAM UPDATE L.J.Hansen,Director— Public Works Tiffany Russell,Director —Communications III-IV CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 6,2023 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 13,2023 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/20/2023 PAGE: 2 R H H C L H O R A H T W W U E L EMR U A I O CDN C M M 0 L Y L O C Y L 0 I OUML S T AGENDA H E EMCN S A O O . E ITEM# SUBJECT MOTION VOTE I R Y B K D ENR N N H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Sister Cities Association of Virginia Beach Ruth Fraser 2. PROCLAMATION—LGBTQ Pride Month Nick Dintelmann,President—Hampton Roads Pride Stacie Walls,Chief Executive Officer— LGBT Life Center - Sunny Haynes,Board Member—Transgender Assistance Program of Virginia Nathan Ruckman,Interim Commissioner— Stonewall Sports Norfolk Alexander Pouder,Treasurer—Stonewall Sports Norfolk 3. PROCLAMATION—Tornado Response Appreciation The American Red Cross Bojangles—Vince Stuccio,Director of Operations and Kirk Hartman,COO accepting Catholic Charities of Eastern Virginia—Tracy Fick,CEO accepting Chick-Fil-A Marketplace at Hilltop-Dave Cheney accepting Chris Jancewicz of the Chesapeake Police Department Food Lion—Maria Bowman and Hannah Anderson accepting Green Cross Academy of Traumatology Harris Teeter Joseph Rubino of the Portsmouth Fire Department Justin Weston of the Newport News Fire Department—Division of Emergency Management Medical Reserve Corps—Melissa Reid, Virginia Beach Medical Reserve Corps Volunteer Coordinator accepting Mercy Chefs—Mercy Chefs and Gary LeBlanc The National Weather Service(NWS— Wakefield) Papa John's Peace and Love Donuts Pungo Brothers BBQ Sharon Chamberlin of the Chesapeake Emergency Management Southern Baptist Disaster Relief Spring Branch Community Church—Lori& Arthur Mace and Clyde&Deb Houck accepting Starbucks United Way of South Hampton Roads— Vivien McMahan accepting The Virginia Beach Community Emergency Response Team—Myron G.Nahra accepting Virginia United Methodist Church Disaster Relief Volunteer Hampton Roads—Stephanie Gorham accepting CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/20/2023 PAGE: 3 R H H C L H OR 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 D EN R N N I. BID OPENING 1. COMMUNICATION TOWER LEASE NO OTHER BIDS AGREEMENT FOR CITY OWNED RECEIVED PROPERTY-Telecommunication Services K.1. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE a Communication Tower Lease CONSENT Agreement for City-Owned Property located at the Southeast perimeter of the Stumpy Lake Golf Course with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunications services K.2. Ordinance to ADD City Code Section 35.14 re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y ▪ Y Y Y allow proration of personal property elderly CONSENT and disabled tax rate (Requested by the Commissioner of Revenue) K.3. Ordinance to ADD City Code Section 2-215.4 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y • Y Y Y re authorize alternative bonding CONSENT requirements for indefinite deliver quantity contracts K.4. Ordinance to END the Declaration of a Local ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Emergency re severe thunderstorms and CONSENT tornadoes on April 30,2023 K.5. Ordinance to APPOINT three(3)viewers for ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y ▪ Y Y Y one-year terms beginning July 1,2023,re view CONSENT each street or alley proposed to be closed K.6. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y ▪ Y Y Y to EXECUTE a Revised Agreement between CONSENT the City and Sister Cities Association of Virginia Beach, Inc. re update outdated provisions (Requested by Mayor Dyer and Council Member Berlucchi) K.7. Ordinance to AUTHORIZE extension of the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y employment contract for the City Manager CONSENT (Requested by the City Council) K.8. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager effective July 1,2023(Requested by CONSENT City Council) K.9 Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Attorney effective July 1,2023(Requested by CONSENT City Council) K.10. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Clerk effective July 1, 2023 (Requested by CONSENT City Council) K.11. Ordinance re the Compensation of the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y • Y Y Y Real Estate Assessor effective July 1, 2023 CONSENT (Requested by City Council) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/20/2023 PAGE: 4 R H H C L H OR 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.12. Ordinance re the Compensation to the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Auditor effective July 1,2023(Requested by CONSENT City Council) K.13. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-Owned CONSENT Property known as West Canal re construct and maintain a proposed vinyl bulkhead with ten feet(10')return,four(4)timber piles,boat • lift,pier,gangway,and floating pier at 2308 Windward Shore Drive DISTRICT 8 K.14. Resolution to RENEW permits to ALLOW ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Medical Emergency Services agencies to CONSENT operate in the City re Pahala Park,LLC d/b/a Coastal Event Medical Management, Fast Track EMS,LLC,MB Solutions,LLC,and Shore Transport Services,Inc K.15. Ordinance to TRANSFER $900,000 from ADOPTED,BY 10-0 Y Y Y AY Y Y Y Y Y Y Vacancy Savings in the General Fund to the CONSENT B FY2022-23 Virginia Beach Sheriff's Office S Operating Budget re cover increased food and T medical costs (Requested by the Virginia A Beach Sheriffs Office) I N E D K.16. Ordinance to APPROPRIATE$125,000 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the Tourism Investment Program (TIP) Fund CONSENT Balance to the FY2022-23 Convention and Visitors Bureau Operating Budget re support the action sport series at various locations K.17. Ordinance to APPROPRIATE $150,000 of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Fund Balance in the Tourism Investment Program (TIP) Fund to the FY2023-24 Convention and Visitors Bureau Operating Budget and to AUTHORIZE additional sponsorship funds to the Symphony by the Sea Concert Series($50,000)and to the Neptune Festival($100,000)and provide direction the City Manager re future funding for such events(Requested by Mayor Dyer,Vice Mayor Wilson,Council Members Berlucchi,Holcomb, Remick, Ross-Hammond, Rouse, and Schulman) L.1. BONNEY'S CORNER ASSOCIATES,LLP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Change of Zoning from B2 PROFFERED Community Business District to Conditional B4 Mixed Use District re 81,150 square feet of retail & up to 322 multi-family dwelling units at 1385 Fordham Drive DISTRICT 1 (Deferred from January 17,2023) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/20/2023 PAGE: 5 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE E M - C N S AO OE , ITEM# SUBJECT MOTION VOTE I R Y B ' K D ENRNN L.2 CITY OF VIRGINIA BEACH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT AUTHORITY/CITY OF MODIFIED/AS VIRGINIA BEACH DEVELOPMENT PROFFERED,BY AUTHORITY & YCH, LLC for a CONSENT Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2 Approved December 13,2016(Deferred from April 4,2023) L.3. COMMONWEALTH CATHOLIC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHARITIES/CATHOLIC DIOCESE OF MODIFIED/ RICHMOND for a Modification of Conditions CONDITIONED,AS to a Conditional Use Permit re group home at AMENDED 642 North Lynnhaven Road DISTRICT 8 (Deferred from May 16,2023) L.4. THOMAS A.BROWN for a Variance Section DEFERRED TO JULY 11-0 Y Y Y Y Y Y Y Y Y Y Y 4.4(b)&(d)of the Subdivision Regulations re 11,2023,BY CONSENT reconfigure the boundaries of four (4) existing parcels at 2888 Indian River Road DISTRICT 2 APPLICANT REQUEST DEFERRAL TO JULY 11,2023 L.5. ALACRITY, LLC / OLD BRANDON APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FIRST COLONIAL ASSOCIATES, LLC, CONDITIONED, for a Conditional Use Permit re body piercing BY CONSENT establishment at 1721 Laskin Road DISTRICT 6 L.6. CAROLINE, LLC for a Conditional Use APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 303 Atlantic CONDITIONED,BY Avenue,Unit 605 DISTRICT 5 CONSENT L.7. NICHOLAS IULIANO fora Conditional Use DEFERRED TO JULY 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 505 20th`/z Street 18,2023,BY CONSENT DISTRICT 6 L.8. JAMIE GEORGE for a Conditional Use DEFERRED TO JULY 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short term rental at 507 20t1/2 Street 18,2023,BY CONSENT DISTRICT 6 M. APPOINTMENTS RESCHEDULED BYCO N S ENS US 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 HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/20/2023 PAGE: 6 R H H C L H O R A H T W W U E L EMR U A I O CDN CMM 0 L Y L O C Y L 0 I 0 UML S T AGENDA H E EMCN S A 00 E ITEM# SUBJECT MOTION VOTE I R Y B K , D EN R N N PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE WETLANDS BOARD ACTIVE TRANSPORTATION ADVISORY Appointed: COMMITTEE Yeardley Pearson— Representing Student Member Kamar Wilson— Representing Student Member 1 Year Term 7/1/2023—6/30/2024 PROCESS IMPROVEMENT STEERING Appointed: COMMITTEE Sarah Welch Clenise Platt 6/20/2023 No Term N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 8.38 PM